CUST
253 340
5.07
- 5
TO each
bill
attach
the
we will
textual amendments to
a number Of schedules
the various
containing
Ordinances. The aim will be for Bills to be enacted before 1997 but to enter into force only on 1 July 1997.
13.
The vast majority of the work is straightforward (for example, adapting terminology such as "the Governor", "the Colony", "Royal" and so on). But there are more complex matters (e.g. relating to Crown land, Crown proceedings, nationality and right of abode) that will require careful consideration before they are adapted. some such as the Immigration Ordinance may require major changes to bring it into line with BL.
14.
But
If the adaptation process were not to be completed by 30 June 1997
1997 many of our laws and parts of our laws might be incompatible with the Basic Law and would therefore risk being declared invalid by the Standing Committee of the National People's
People's Congress. Obviously this would be damaging to commercial and personal interests of residents of the Hong Kong SAR. To cite just a few examples, the right of abode in Hong Kong would be uncertain, the basis on which land is leased would be unclear, validity of some marriages or adoptions might be open to question and gaps would appear in the criminal law.
15.
in
Members will understand, I am sure the very great importance of both the localisation and the adaptation programmes. If they are not completed there will be gaps our laws and there will be potential for legal chaos. We are doing everything that we can to ensure that we obtain Chinese agreement on these programmes but as the Governor said in his address, if progress in the JLG does not speed up significantly there is a high risk that work will not be finished before 1997. We would then face a legal vacuum.
The Governor has said that it would be irresponsible for us to let that happen.
No comments yet.
Private notes are available after approval.