TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 55

(A)

(B)

(C)

II.

III.

2

-

Briefing by the AG

The AG briefed the delegation on the following aspects of the Hong Kong legal system:

application of U.K. statutes in H.K.:

the 3 ways in which U.K. statutes are applied;

localisation of U.K. statutes

limitations on the powers of the H.K. Legislature:

repugnancy; extraterritoriality

reserved bills

bilingual legislation

interpretation of laws: judicial interpretation of legislations

- the executive and the courts: government can

7.

be sued; actions in the sphere of foreign affairs and defence are a seperate category; act of state; executive certificates

A copy of AG's full speaking notes is attached. Parts of it were not delivered at the briefing owing to the shortage of time. However, the full text (attached) was forwarded to General Duties Branch for onward transmission to the delegation.

8.

The following materials were tabled at the briefing for the delegation's easy reference:

Appendix II and IIA to the Revised Laws of Hong Kong (attached)

samples of bilingual bills

(Occupational Safety and Health Council Bill

1988; Queen Elizabeth Foundation for the Mentally Handicapped Bill 1988; Noise Control Bill 1988; Securities (Disclosure of Interests) Bill 1988)

- a list of cases referred to in AG's speech (attached)

Questions raised by the Delegation

In the course of the briefing, the following questions and answers were exchanged:

Repugnancy

Lu Ping: Who would declare laws to be repugnant?

/....3