Law at the University of Maryland ("the Chiu Opinion"), copies of which
are appended hereto as Appendices C and D respectively.
10.
By
Prior to 4th April 1990, there was no Basic Law in existence and it was
on this basis that the courts dealing with the matter before that date
made their decisions. All that was available were the results of some
discussions on some issues insofar as the same was given publicity.
contrast, the Basic Law is now in final form, having been passed by the
National Peoples' Congress of the PRC, and as Professor Ghai explains in
paragraph 9 of his Opinion, it represents "the future relationship
between the Special Administrative Region of Hong Kong ("HKSAR") and the
PRC"
•
11.
12.
Article 8 of the Basic Law provides as follows:-
"The laws previously in force in Hong Kong, that is, the common
law, rules of equity, ordinances, subordinate legislation and
customary law shall be maintained, except for any that contravene
this law, and subject to any amendment by the legislature of the
Hong Kong Special Administrative Region".
The Hong Kong Order, being an Order-in-Council, does not fall within any
of the five specified categories set
set out in Article 8. It is not
preserved as the "relevant law" in Hong Kong with continued effect on or
after 1st July 1997 as it is effectively repealed by the Basic Law.
13.
In Paragraph 8 of the Ghai Opinion and paragraphs 7-9
7-9 of the Chiu
Opinion, it is stated that the legislation which provides for the
Specialty Assurance, that is the Hong Kong Order, ceases to be law on
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