TNAG-2885-FCO40-4157-Hong-Kong-localisation-of-laws-protection-of-trading-intere-1993 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(h)

CONFIDENTIAL #

機密

- 3-

references to bodies corporate incorporated in the

United Kingdom became references to

bodies

corporate incorporated in Hong Kong;

(i)

references to courts in the United Kingdom became

references to courts in Hong Kong; and

(j)

the term "overseas country" was defined to mean

any country or territory outside the United

Kingdom or Hong Kong other than one for whose

international relations Her

Majesty's Government

Proposal

in the United Kingdom are responsible.

5.

The

1997.

1990 Order will lapse on 30 June

However, the law contained in it provides useful protection for Hong Kong businessmen and companies against demands

placed on them by foreign governments and courts which

overstep the jurisdictional limits normally accepted by the

international community. The continued availability of

such protection after 1 July 1997 will be very important for the continued stability and prosperity of the Hong Kong Special Administrative Region and the maintenance of Hong Kong as a commercial centre. The HKG therefore proposes to

introduce a Bill to localise the provisions of the 1990

Order.

6.

The proposed legislation does not confer on an authority in Hong Kong powers formerly held by an authority

the United Kingdom, is not designed to implement

international obligations which will apply to the Hong Kong

SAR after 1997, and does not have extraterritorial effect.

in

CONFIDENTIAL **

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