TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 162

- 12

-

000

GOVT HOUSE

HK

Article

apter IX: Supplementary Provisions

Art. 159

Problem

(a) The present Chinese draft

only deals with questions of "contravening" ("1863 ") the BL, but does not specifically address the question of "inconsistency" (7-34") 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

Suggested Solution

(a) 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 If the laws are later discovered to be in contravention of this Law, they shall be amended or repealed in accordance with the provisions of this Law.

Remarks

Channels:

- Legal experts meeting

Zheng Weirong

BLDC/BLCC interlocutors

Actions taken:

This has been pursued in the legal experts channel. The Chinese were unconvinced to make it clear in the BL that mere inconsistencies would not lead to invalidation,

CONFIDENTIAL

i

'89 10-26 12:09