TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 112

of the "continuation of laws" by the UK legislation has been

possible because the UK also establishes the constitutional order

for the newly independent country as an essential part of the

process of the transfer of sovereignty. It would not have been

possible for Hong Kong where sovereignty passes to the PRC (whose

Constitution would henceforth become the grundnorm for Hong Kong)

which will establish new constitutional arrangements for Hong

Kong; nor has it been attempted. Thus even under British law,

the existing laws of Hong Kong would come to an end on 1 July

1997.

13. Whether any existing Hong Kong laws will continue in force

after 1997 could only be decided by the PRC, in the exercise of

its discretion. The PRC promulgated the Basic Law which provides

inter alia for the continuation of existing laws. The principal

article is 8, which is as follows, "The laws previously in force

in Hong Kong, that is, the common law, rules of equity, ordi-

nances, subordinate legislation and customary law shall be main-

tained, except for any that contravene this Law, and subject to

any amendment by the legislature of the Hong Kong Special Admin-

istrative Region". It is thus obvious that not all the existing

laws will be maintained in force, as the article excludes direct-

ly effective UK legislation (e.g, order in Council and Acts of

the UK Parliament applied to Hong Kong), perhaps because these

smack of colonialism and might be seen to derogate from the

sovereignty of the PRC. The subsidiary legislation referred to

in article 8 of the Basic Law is the subsidiary legislation of

8