TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 163

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Article

0215P

13

J

Problem

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.

(b) The provision in para. 1 that certain previous HK laws may "cease to have force in accordance with the procedure as prescribed by this Law" seems to draw a cross-reference to the procedures set out in Art. 17(3). But the latter article deals only with laws enacted on or after 1 July 1997. There are no other provisions in the BL on the cessation of force of previous HK laws.

Suggested Solution

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 this Law."

CONFIDENTIAL

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Remarks

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000 GOUT HOUSE

'89 10-26 12:10

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