ENG-1994 — Page 67

THE LEGAL SYSTEM

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October 1988, the government set up the Bilingual Laws Advisory Committee, to advise on the quality and authentication 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 that the Governor in Council declare these approved texts as authentic texts of the laws. The first Chinese text of existing legislation was declared authentic in July 1992. Since then, the Chinese texts of about 40 ordinances have been declared authentic. The authentication of Chinese texts of ordinances is progressing well. At each Executive Council sitting, the Chinese texts of two to three ordinances are declared authentic.

In the Law Drafting Division, a bilingual legal glossary is being kept in a database. This glossary has grown to about 12 700 entries and is still growing at a rate of about 440 entries per week. An English-Chinese glossary of legal terms, in booklet form, containing legal and relevant terms appearing in legislation which has an authentic Chinese text will be published. The first issue in the series, containing about 4 000 entries, is expected to be published in March 1995.

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 is virtually complete. The new edition will be updated continuously. In addition, all new laws are published in the Hong Kong Government Gazette.

The Application of English Law Ordinance provides that the common law of England and the rules of equity shall be in force in the territory so far as they are applicable to the circumstances of Hong Kong or its inhabitants, subject to such modifications as circumstances may require. The ordinance applies some English Acts, such as the Habeas Corpus Act 1816, to Hong Kong.

United Kingdom legislation may be applied to Hong Kong either directly or by order of Her Majesty-in-Council. 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 one of a number of topics (including civil aviation, merchant shipping, fugitive offenders and intellectual property) or if it is required in order to give effect to an international agreement which applies to the territory. Legislation has already been enacted to localise laws in the fields of admiralty jurisdiction, marine pollution, merchant shipping and civil aviation, 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