ENG-1992 — Page 57

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IMPLEMENTATION OF THE SINO-BRITISH JOINT DECLARATION

Final Appeal. Draft legislation and a package of arrangements for establishing the court are being considered.

Localisation of Laws

As explained in Chapter 3, a large number of United Kingdom laws currently apply to Hong Kong. These laws will cease to have effect in Hong Kong after June 30, 1997. It will be necessary therefore to 'localise' them, that is, replace them by legislation enacted in Hong Kong which will survive that date. At the eighth meeting of the JLG (November 1987), the two sides agreed on the general principles for consultation on the localisation of United Kingdom legislation. Since then good progress has been made. As at December 31, 1992, five localising ordinances have been enacted and 31 sets of localising regulations have been made. -

Air Service Agreements

In order to maintain Hong Kong's status as an international civil aviation centre after 1997, there is an on-going Air Service Agreement (ASA) separation programme, whereby provisions involving Hong Kong in United Kingdom ASAS are separated into discrete Hong Kong ASAs. So far Hong Kong has concluded eight ASAS, with the Netherlands, Switzerland, Canada, Brunei, France, New Zealand, Malaysia and Brazil. Negotiations with a number of other aviation partners are at an advanced stage. New ASAs will be - signed when the need arises.

Sub-Group on International Rights and Obligations

The Sub-Group on International Rights and Obligations, set up by the Joint Liaison Group, was formally established in July 1986 to examine and discuss matters relating to the continued application after 1997 of international rights and obligations affecting Hong Kong and to report its conclusions to the JLG. The sub-group, which is based in Hong Kong, consists of three experts on each side, supplemented as necessary by other experts and supporting staff.

There is a considerable number of treaties and international obligations applying to Hong Kong. The sub-group has to examine each individually. The consequence is that the work of the sub-group will take a number of years to complete. So far the two sides have reached agreement in the JLG on Hong Kong's continued participation in 29 international organisations (including the General Agreement on Tariffs and Trade). The sub-group has also been discussing the continued application after 1997 of multilateral treaties currently applying to Hong Kong and has so far reached agreement on a number of treaties on customs, conservation, health, trade, postal services, marine pollution, transport, drugs, private international law, science and technology and international crime.

Land Commission

The Sino-British Land Commission was established in 1985 in accordance with Annex III to the Joint Declaration. Its function is to conduct consultations on the implementation of the provisions of Annex III on land leases and other related matters. The commission is composed of three officials on each side. The meetings are held in Hong Kong.

During 1992, the Land Commission held two formal meetings. The two sides agreed to make available, during the 1992–3 financial year, a total of about 164.3 hectares of land. This includes 60 hectares for the development of Container Terminal No. 9.