TNAG-2569-FCO40-3755-Future-of-Hong-Kong-localisation-of-laws-United-Nations-Act-1992 — Page 6

29 May 1992

Miss Barrett.

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HKC 370/13

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JRA Hanratty

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Principal Crown Counsel

(International Law)

Attorney General's Chambers

HONG KONG

LOCALISATION OF LAWS: UNITED NATIONS ACT 1946

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Costfackni

29/8.

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Thank you for your letter of 20 May seeking our advice on whether or not it will be necessary to localise the United Nations Act 1946 with its corresponding Orders in Council.

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I agree, and Departmental Legal Advisers concur, that there is no point in localising the 1946 Act. As you explain in your letter, according to article of the Joint Declaration, foreign and defence affairs of the HKSAR will be the responsibilities of the Central People's Government of the PRC. The application of mandatory sanctions of the United Nations clearly falls within this category. It will be for the CPG to ensure that from 1 July 1997 necessary provisions are in, place so that mandatory sanctions will also appite the HKSAR aste the rest of the PRC. Perhaps it would be worthwhile in due course to raise this with the Chinese side in the IRO sub-group.

pard/2).

PF Ricketts

Hong Kong Department

Dr Markin

new legislation in Hong Kong The enactment of the necessary new legislation in

a Article 18, of the could be done either under schticle 17, Basic Law. If Art 17 is used, Legeo would take the initiative in enacting the legislation, but it would have to have been negotiated in advance with the CPG so as to avoid the risk of it being returned by the NPC Standing C'fee,

Under Art 18, paver 3, the NPC standing ('tee could add

law to Anned III, and then

a

relevant national

# the

SARG would have to act to give effect

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