THE LEGAL SYSTEM
Until 1989, the laws of Hong Kong were published in a 32-volume compilation known as the Laws of Hong Kong. This was updated annually. A new loose-leaf edition of the Laws of Hong Kong is in the course of preparation and about 75 per cent of the volumes have been issued. The new edition will be based upon the 1989 revised edition, as amended by laws taking effect since then and will be updated continuously. In addition, all new laws are published in the Hong Kong Government Gazette.
The Attorney General's Chambers are responsible for drafting new legislation in both Chinese and English, and translating existing legislation into Chinese. Both the Chinese and English texts are authentic versions of the laws. The first bilingual ordinance was enacted on April 13, 1989. Since then, all new principal legislation has been enacted bilingually. In October 1988, the government set up the Bilingual Laws Advisory Com- mittee, to advise on the publication of Chinese texts of existing ordinances. The committee examines Chinese texts prepared by the Law Drafting Division of the Attorney General's Chambers, and then recommends the Governor-in-Council declare these approved texts an authentic version of the laws. The first Chinese text of existing legislation was declared authentic in July 1992. Some 520 ordinances remain to be translated or authenticated.
United Kingdom legislation may be applied to Hong Kong either directly or by order of Her Majesty-in-Council under the legislation. In addition, the power of Her Majesty to make all such laws, as may appear necessary, for the peace, order and good government of the territory is expressly reserved by Article IX of the Letters Patent. In practice, the exercise of these powers is largely confined to matters which have a bearing on Hong Kong's international position. For example, the Multilateral Investment Guarantee Agency (Overseas Territory) Order 1988 is an Order-in-Council implementing in Hong Kong a treaty to which the United Kingdom is a party.
To ensure that by 1997, Hong Kong will possess a comprehensive body of law which owes its authority to the legislature of Hong Kong, it is necessary to replace such United Kingdom legislation, which applies to Hong Kong, by local legislation on the same topics. The Hong Kong legislature has been empowered under the Hong Kong Act 1985 to repeal or amend any enactment so far as it is part of the law of Hong Kong, and to make laws having extra-territorial operation, if the enactment relates to civil aviation, merchant shipping, or admiralty jurisdiction or is required in order to give effect to an international agreement which applies to Hong Kong. Legislation has already been enacted to localise laws in the fields of admiralty jurisdiction, marine pollution and merchant shipping, and work in other areas is in progress.
A Localisation and Adaptation of Laws Unit has been established in the Attorney General's Chambers. The unit's role is to give legal advice on the localisation of United Kingdom legislation which presently applies to Hong Kong. It also advises on the adaptation of the laws of Hong Kong to ensure compatibility with the Basic Law of the Hong Kong Special Administrative Region, which was promulgated in April 1990. A review by policy branches of all ordinances within their spheres of responsibilities has been undertaken and, where necessary, drafting instructions will be prepared with a view to appropriate amendments being effective before July 1, 1997.
Human Rights
Since 1976, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) have been
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