TNAG-2885-FCO40-4157-Hong-Kong-localisation-of-laws-protection-of-trading-intere-1993 — Page 9

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

CONFIDENTIAL #2

機密

On the last point, we are satisfied that although the legislation protects persons in or carrying on business in

Hong Kong from the extraterritorial effect of measures and requirements imposed by foreign countries and courts, it does not represent an assertion of extraterritoriality by

Hong Kong. Therefore, this proposal does not fall within

the three guidelines for consultation on localisation of laws with the Chinese side and consultation is accordingly considered not necessary.

7.

As

Order already incorporates

Act required for Hong Kong's

localised Bill would simply replicate its provisions with

the 1990

modifications to the 1980

present circumstances, the

repeal the 1990 Order and

minor changes of drafting style.

Future adaptation

8.

Nearer to 1997 certain amendments to the Ordinance

will be required in order to ensure that it does not

contravene the Basic Law. For example, the references to

British citizens and to Her Majesty's Government in the

above) will need to be amended.

United Kingdom (para. 4

The Chinese side will be consulted on any such amendments in accordance with the agreed principles for consultation

on the adaptation of laws.

al-110

GF 323

CONFIDENTIAL #

機密

Page

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