TNAG-2116-FCO40-3021-Future-of-Hong-Kong-Sino-British-Joint-Declaration-action-ch-1990 — Page 43

CONFIDENTIAL

Annex 1 Section 11 : Legal System

CA Branch Liaison Officer : PAS(CA)4

10th Edition (June 1990)

Redacted under FOI Exemption S 27(1)

Item

be consulted/

& JD/BL reference

Action

informed and

Officer

if so, timing

Whether the

Chinese need to

Date for HMG/HKG

to start deliberation

a. In conjunction with

policy branches make arrangements for localisation of UK legislation which

SCA

Necessary.

Already started

applies to HK

Consultation

necessary on principle of each localising Bill before it is enacted. (Except Merchant Shipping, where need is to inform only in view of

agreement on HK Shipping Register.)

Present Position

An Order in Council came into force on 26 August 1986 to enable localisation to proceed in respect of legislation on merchant shipping, civil aviation and admiralty jurisdiction. A second Order came into force on 27 March 1989

to enable localisation to proceed in respect of legislation required in order to give effect to international agreements which apply to HK. A tentative programme for localising UK enactments applied to Hong Kong has been drawn up. Progress reports are submitted to LAPG every 6 months. 7 items of localised legislation have been enacted.

Relevant Considerations

Several UK

laws cannot be localised until policy finalised e.g.

on

extradition,

intellectual

property, Official

Secrets Acts etc. Further Orders under the Hong Kong Act 1985 will be required in

some cases.

Target Completion Date

1994 (See ExCo paper XCX(86) 234)

(JD 53, 56, 57)

(BL Art. 8, 11.2., 18,

156)

* Please mark an '*' against the officer with overall responsibility

CL3

CONFIDENTIAL

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