contains paragraph 3 on adaption of law which enables enactments to be repealed in so far as they are part of the law of Hong Kong; "enactment" covers both Acts and Orders in Council (see paragraph 1). This probably gives the necessary powers to repeal collectively UK enactments which are part of Hong Kong law. On the other hand, subordinate legislation becomes spent when it has ceased to have any effect. Most, indeed probably all, the legislation applied to Hong Kong will not survive post 1997. It may be that it is not necessary to revoke the various Orders specifically, and that one may instead simply treat them as spent. Revocation is desirable for the avoidance of doubt; but in part this will depend on the size of the problem. We can judge this better when we see how many Acts and Orders will be considered by Hong Kong Government as ceasing to be relevant after 1997. It will also be necessary to examine each Act and Order individually.
4. I would be grateful if you would be kind enough to check your departmental files to see if you have any back papers on this subject.
Shelagh Brooks
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Shelagh Brooks
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CODE 18-77
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