The modifica-
to Hong Kong but only as modified by the Order. tions, contained in a long schedule, are mainly technical substi- tutions of appropriate Hong Kong institutions and laws for those of the UK. It is unnecessary for the purpose of this opinion to examine these modifications. What is relevant to this opinion is the provision for specialty which is provided for in section 14 of the Schedule to the Order. The section states that no person
extradited to Hong Kong from the United Kingdom would be tried, during a specified period, for an offence other than the offence for which he was returned, or a lesser offence proved by facts proved for the purpose of securing his return or any other of- fence in respect of which the Government of the country from which he was returned may consent. (The specified period com-
mences on the date of his arrival in Hong Kong on his return and ends 45 days after the day on which he has the opportunity to
leave Hong Kong).
Order
8. In my opinion, section 14 of the Schedule to the will not remain part of the law of Hong Kong as from 1 July 1997. The Order itself will cease to be law on that date when the sovereignty over Hong Kong passes to the People's Republic of China ("PRC") and the Basic Law adopted on 4th April 1990 by the National Peoples Congress of the PRC and promulgated by the
This President of the PRC on the same day comes into effect. conclusion is based on an examination of the Hong Kong Act passed by the UK Farliament in 1985, the Chinese Constitution and the
Basic Law.
เด
5
No comments yet.
Private notes are available after approval.