GRS 200
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1479
OF 1401452 MAY 86
Confidentialro
INFO ROUTINE PEKING
18
Han 180/23
RECEIVED IN REGISTRY
15 MAY 1986
SK OFFICER
ΡΑ
REGISTRY
Action Faken
OUR TELNO 228: LOCALIZATION OF LAWS
TUR CONFIRMED THAT CIVIL AVIATION AND MERCHANT SHIPPING ARE OUR
PRIORITIES FOR AN ORDER IN COUNCIL. AS A RESULT OF THE CONSULTATION
EXERCISE MENTIONED IN PARA 2 OF TUR ANOTHER URGENT SUBJECT SUITABLE
FOR 4NCLUSION IN THE ORDER HAS ARISEN.
2. IT IS PROPOSED TO LOCALIZE THE PROVISIONS OF THE ADMIRALTY
JURISDICTION (HONG KONG) ORDER 1985 BY INCLUDING THEM IN THE
SUPREME COURT BILL CURRENTLY BEING DRAFTED. THE ADAPTED AND MODIFIED
PROVISIONS OF SECTIONS 20 TO 24 INCLUSIVE OF PART # OF THE SUPREME
COURT ACT 1981 WOULD BE RE-ENACTED IN THIS BILL. THE PELATIONSHIP
BETWEEN THE COLONIAL COURTS OF ADMIRALTY ACT 1890 AND THE ADAPTED
PROVISIONS OF THE SUPREME COURT ACT 1981 WOULD NOT/NOT BE CHANGED
AT THIS STAGE.
3. WE DO NOT/NOT CONSIDER THAT THE ADMIRALTY JURISDICTION PROVISIONS
HAVE EXTRATERRITORIAL EFFECT BECAUSE THEY DO NOT SEEK TO ENFORCE
HONG KONG LAW OVERSEAS. IF YOU AGREE, THE HONG KONG ORDER NEED
NOT THEREFORE PROVIDE FOR OUR LEGISLATURE TO LEGISLATE WITH
EXTRATERRITORIAL EFFECT IN THIS FIELD.
4. HOWEVER THE MOST APPROPRIATE WAY OF REPEALING THE 1985 ORDER
WILL BE BY CONFERRING THE NECESSARY POWERS ON THE HONG KONG
LEGISLATURE IN THE ORDER MADE UNDER PARA 3(B) OF THE SCHEDULE TO
THE HONG KONG ACT. PROVISION FOR THE REPEAL WOULD THEN BE INCLUDED
IN THE SUPREME COURT BILL. WITH APOLOGIES FOR THE LATENESS OF
THIS PROPOSAL, GRATEFUL IF SUCH A PROVISION COULD BE INCLUDED IN
THE ORDER BEING DRAFTED A COPY OF WHICH WE WOULD LIKE TO SEE SOON.
AKERS-JONES
HONG KONG AGREEMENT: RESTRICTED
LIMITED
HD/HKD
HD/FED
RESEARCH D (FE)
DEP/HD PUSD
PS/MR RENTCN MR WILSON
[REPEATED AS REQUESTED]
COPIES TO:
MR FIFOOT, LEGAL ADVISERS MR WOOD LEGAL ADVISERS
Confidential
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