TNAG-1409-FCO40-1885-Future-of-Hong-Kong--localisation--of-UK-legislation-applica-1985 — Page 26

CONFIDENTIAL &

Encl. 2

(5.)

From

Ref

Tel. No

Sretary (General Duties)

SGD 2/02/3 'B'

5-95543

Date

9 May 1985

G.F. 73C

MEMO

Tu All Branch Secretaries

Your Ref.

in

dated

"Localisation" of UK Legislation Applicable to Hong Kong

The Hong Kong Act 1985, which made provision "for and in connection with the ending of British sovereignty and jurisdiction over Hong Kong" as from 1 July 1997, received the Royal Assent on 4 April 1985. A copy of the Act is at Annex A for your information.

2.

Paragraph 3 of the Schedule to the Act empowers HMG to make Orders in Council, subject only to annulment procedures in Parliament, which would

(a) repeal or amend any Act, order, rule or

regulation in so far as it is part of

(b)

(c)

(d)

the law of Hong Kong; or

repeal or amend any Act, order, rule or regulation in so far as it is a part of the law of the United Kingdom which applies in relation to Hong Kong; or

enable the legislature of Hong Kong to act as in (a) above; or

enable the Hong Kong legislature to legislate with extra-territorial effect.

A note which explains the purpose of, and need for, these provisions is at Annex B.

3.

It is clearly necessary to ensure that the task of "localising" UK legislation proceeds in a structured and co-ordinated manner. As a first step, we need to identify which UK Acts, Orders in Council, etc, are part of the law of Hong Kong or are applied to Hong Kong, and who is the Branch Secretary responsible for each of these pieces of legislation.

4.

A list of UK Acts, Orders in Council, etc. is in Part II of the Index to the Laws of Hong Kong. In addition, there are some English statutes incorporated into Hong Kong law by Application of English Law Ordinance (Cap 88) and listed in the Schedule to that Ordinance. I should be grateful if you would examine these lists and advise me by 31 May 1985

(a) which of the Acts, etc. on the lists fall

within your programme area;

(b)

whether there is any UK legislation which is not on the lists but which is applied to Hong

CONFIDENTIAL *3 機密

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