RESTRICTED
RESTRICTED
FM HONG KONG
TO PRIORITY FCO
TELNO 1590
OF 110949Z OCTOBER 1993
INFO PRIORITY UKREP JLG HONG KONG
37017
LEGISLATIVE QUESTION
-
ADAPTATION OF LAWS
In Buntin
(21)
141416
MDLIAN 2623
TOP COPY Q DIST?
WE HAVE RECEIVED NOTICE OF THE FOLLOWING QUESTION FOR ORAL REPLY TO BE ASKED BY MS EMILY LAU IN THE LEGISLATIVE COUNCIL ON 13 OCTOBER
1993
''A STUDY REPORT DRAFTED BY THE LEGAL SECTOR HAS POINTED OUT THAT AS MANY AS 64 ORDINANCES IN OUR EXISTING LOCAL LEGISLATION MAY NEED TO BE AMENDED BEFORE 1997 SINCE THEY ARE INCONSISTENT WITH THE BASIC LAW. WILL THE GOVERNMENT INFORM THIS COUNCIL
LAW?
-
A) HOW MANY LOCAL ORDINANCES ARE INCONSISTENT WITH THE BASIC
B) WHAT SPECIFIC PLAN IS IN HAND TO AMEND THE ORDINANCES WHICH ARE INCONSISTENT WITH THE BASIC LAW BEFORE THE LATTER COMES INTO FORCE?
C) WHETHER THE GOVERNMENT HAS ANY PROBLEM IN THE INTERPRETATION OF THE BASIC LAW; IF SO, HOW THE GOVERNMENT SOLVES SUCH PROBLEMS?
2.
THE ATTORNEY GENERAL WILL REPLY AS FOLLOWS
A) THERE ARE NEARLY 600 ORDINANCES ON THE HONG KONG STATUTE BOOK. OF THESE, THE MAJORITY WILL REQUIRE ADAPTATION IN VARYING DEGREES TO ENSURE THEIR CONSISTENCY WITH BOTH THE LANGUAGE AND THE SUBSTANTIVE PROVISIONS OF THE BASIC LAW.
B) WE HAVE AN ADAPTATION OF LAWS PROGRAMME TO AMEND THE HONG KONG ORDINANCES THAT WOULD BE INCONSISTENT WITH THE BASIC LAW. UNDER THIS PROGRAMME, AN INITIAL REVIEW OF ALL THE ORDINANCES BY THE RESPECTIVE POLICY BRANCHES IS FIRST CARRIED OUT, FOLLOWED BY DETAILED STUDY AND ANALYSIS BY THE LOCALISATION AND ADAPTATION OF LAWS UNIT MY CHAMBERS. PROPOSALS FOR THE ADAPTATION OF INDIVIDUAL ORDINANCES ARE THEN DRAWN UP AND DISCUSSED WITH THE CHINESE SIDE IN THE JOINT LIAISON GROUP. THE PROPOSALS WILL FORM THE SCHEDULES OF
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