TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 72

Problem

CONFIDENTIAL

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29

Preferred Redraft

Possible Channels

(F) Miscellaneous

Art. 159: The present Chinese draft does not specifically address the question of

"inconsistency" of existing laws

and legal documents with the BL

(e.g. references to the Crown

which may have escaped notice

during the adaptation

exercise). It should be made

clear that such inconsistencies

do not constitute sufficient

grounds for the invalidation of

the relevant law or legal document on the pretext of

contravention of the BL. On the

other hand, the existing English

text has gone too far in the

other direction in tackling this

problem by declaring outright

that mere inconsistencies with

the BL will render an SAR law or

legal document invalid.

To revise this article as follows :

"

Upon the establishment of the HKSAR,

the laws previously in force in HK shall be adopted as laws of the Region except for those which the Standing Committee of the

NPC declares to be in contravention of this

Law. The laws so adopted shall be

interpreted in a manner which is consistent

with this Law. If the laws are later

discovered to be in contravention of this

Law, they shall be revised or cease to have

force in accordance with the procedure as prescribed by this Law.

Documents, certificates, contracts,

and rights and obligations valid under the

laws previously in force in HK shall continue to be valid and be recognised and

protected by the HKSAR, and shall be, as

far as possible, interpreted in a manner

which is consistent with the Law."

CONFIDENTIAL

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BLDC interlocutor: Maria Tam