TNAG-1866-FCO40-2650-Future-of-Hong-Kong-legal-issues-1989 — Page 50

S.I. 1978/1030

3007

itizens ried to te to a

agraph ed day.

ingdom father's

nies by Lingdom

ed as a tered by or 12(7)

territory

efore the d in the bus local byed the

territory

than any 1948 Act

virtue of es if that ration as ave been

es, and is zen under

orce from ect for the

eaning of rents shall ue of this if he had

Judicial Committee Acts

4. (1) The Judicial Committee of the Privy Council shall have and exercise the jurisdiction in respect of appeals from the Court of Appeal established by the Supreme Court Order that, in the law of Dominica, is conferred on the Committee by section 106 of the Constitution of Dominica(a).

(2) The provisions of the Judicial Committee Act 1833(b) and of any rules. made thereunder from time to time shall, in so far as they relate to the powers of the Committee and the procedure to be adopted with respect to proceedings before it, apply in relation to proceedings before the Committee under section 106 of the Constitution of Dominica and for that purpose shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary by reason of the nature of those proceedings or otherwise to bring them into conformity with the provisions of the Constitution.

(3) In this article "the Supreme Court Order" means the West Indies Associated States Supreme Court Order 1967(c) in so far as it has effect as part of the law of Dominica and includes any law in force in Dominica amending that Order.

Operation of existing law

5.-(1) Subject to paragraph (3) of this article, all law to which this article applies, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, which is in force on the appointed day, or, having been passed or made before that day, comes or has come into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Dominica, and persons and things belonging to or connected with Dominica, as it would have had apart from this paragraph if there had been no change in the status of Dominica.

(2) This article applies to law of, or any part of, the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Dominica, to law of any other country or territory to which that enactment or Order extends.

(3) Notwithstanding anything in paragraphs (1) and (2) of this article, the provisions set out in Appendix C in Schedule I to the Immigration Act 1971(d) (whereby a person becoming a citizen of the United Kingdom and Colonies by registration is in certain circumstances required to take an oath of allegiance) shall have effect in relation to citizens of Dominica as if paragraph (I) of this article had not been enacted.

(a) in Schedule 1 to S.I. 1978/

(d) 1971 c. 77.

(b) 1833 c. 41.

(c) S.I. 1967/223.