TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 119

20-MAR-1989 17:31

GOVERNMENT SECRATARIAT

852 5 840 1528

P.14

Can current pace of democratisation ensure smooth transfer of sovereignty?

1

Have been working to ensure steady progression of system of government. At same time, BL drafters have taken account of evolving views in Hong Kong. Second draft BL sets out imaginative provisions

for continuity of legislature in 1997 (draft NPC resolution). This continuity widely welcomed in Hong Kong. Not sensible to introduce before 1997 systems that go beyond provisions of BL and will need to be dismantled in 1997.[

Localisation of UK legislation

2

Making detailed analysis of UK legislation currently applying to Hong Kong. Some obsolete, can be dispensed with. Some need to be localised. Have also discussed with Chinese in JLG. Agreed to consult them on all legislation involving extra territoriality, the implementation of international rights and obligations and

and the transfer of authority from the metropolitan power to Hong Kong. Have begun specific discussions on three broad areas of legislation: civil aviation, merchant shipping and admiralty jurisdiction. Agreement reached on localisation of laws relating to civil Admiralty jurisdiction. Supreme Court (Amendment) Bill, first piece of

localised legislation, introduced into Leg Co

11 January.

Concern re excessive powers of present government and future use

3

on

Believe present laws

present laws and powers of HKG appropriate for circumstances of Hong Kong. But constantly reviewing as concept of human rights evolves - e.g. repeal of wide range of restrictions on media in

1987, repeal of "false news" provision in Public

Order Ordinance in December 1988, new Film Censorship Ordinance enacted in May 1988. Law Reform Commission looking into powers of stop, search, seizure, arrest and detention by police and other bodies and present law on loitering. About to publish report dealing with bail.