TNAG-2308-FCO40-3345-Future-of-Hong-Kong-shipping-register-1991 — Page 218

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

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IX. LEGAL ASPECT

It is clear from the terms of the Sino-British Joint Declaration that the legal system of Hong Kong will continue broadly in its present form for at least 50 years after 1997, but it still remains to be seen precisely how, if at all, the laws of Hong Kong will be linked to those of England. At present, English common law applies by ordinance in Hong Kong with certain modifications, but it may be that this will cease to be the case after 1997. However, even if the common law of Hong Kong becomes a wholly independent system after 1997, it seems likely that English case law will still have considerable influence and that basic legal concepts such as ownerships, sale, mortgage, assignment, etc. will retain their existing character. This is something which the draftsmen of the new shipping legislation will need to consider, since the legislation will necessarily embody such concepts but will presumably leave their actual definition wholly or partially to the common law. (CC)

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