TNAG-2564-FCO40-3749-Future-of-Hong-Kong-localisation-of-laws-1992 — Page 39

CONFIDENTIAL

- 2 -

機密

start.

The tentative consultation programme at Enclosure B

Should it be found that there are

exhaustive.

is not

additional

laws which require localisation, the Chinese

side will be informed and consulted according to the three

principles of consultation agreed at JLG VIII in November 1987. Some subjects now included in the programme

may be deleted if it is decided that the UK enactments involved should be allowed to lapse on 1 July 1997.

Item 3: Adaptation of Laws

6.

The two sides reached agreement at JLG VII on the

consultation procedures for the adaptation of laws

exercise.

At JLG XVII, the two sides agreed that the

practical work on adaptation of laws should proceed and

that any differences be resolved when they arise. The

target for the adaptation exercise is to ensure that on the

establishment of the HKSAR no laws then existing will be

declared incompatible with the Basic Law. Agreement on how

to

proceed with midnight adaptation (i.e. adaptations which

will only be able to take effect at midnight on

June 1997) has yet to be reached. The British side have

suggested that the bulk of the non-midnight adaptations should be completed by 1995.

30

7.

There are more than 550 ordinances plus subsidiary

legislation currently in force in Hong Kong. The HKG is reviewing existing laws in order to put forward specific

proposals for adaptation and to prepare a comprehensive

programme.

8.

The Chinese side also raised in October 1990 the

need to replace references to UK legislation. The British

side have expressed doubt about the possibility of

completing such an exercise before 1997, but we are willing

to discuss this matter with the Chinese side.

CONFIDENTIAL ##

機密