ENG-1995 — Page 69

IMPLEMENTATION OF THE SINO-BRITISH JOINT DECLARATION

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Merchant Shipping (Prevention and Control of Pollution) (1989); Merchant Shipping (Liability and Compensation of Oil Pollution) (1989); Admiralty Jurisdiction (Criminal) (1990); Merchant Shipping (Limitation of Shipowners' Liability) (1991); Civil Aviation (First Stage) (1993); Internationally Protected Persons and Taking of Hostages (1994); Merchant Shipping (Seafarers) (1994); Merchant Shipping (Carriage of Goods by Sea) (1994); Dumping at Sea (1994); Merchant Shipping (Liner Conferences) (1994); Nuclear Material (Liability of Carriage) (1994); Coinage (1994); Biological Weapons (1995); Aviation Security (1995); Patents (1995); Registered Designs (1995); Copyright (1995); Whale Fisheries (1995). The JLG also reached agreement on the consultation procedures for adapting Hong Kong laws so that they will be consistent with the Basic Law (December 14, 1990).

The JLG has reached a common view on some major contracts that straddle 1997. These are: the Scheme of Control Agreement of China Light and Power and the provision of Community Electronic Trading Services (1992); the Subscription TV Licence (1993); the Scheme of Control Agreement of Hong Kong Electric (1993); the contract for the West New Territories landfill (1993); the contract for the South-East NT landfill (1993); the contract for the North-East NT landfill (1994); the management contract for the Aberdeen Tunnel (1994); four Fixed Telecom- munication Network licences (1995); the Route III (Country Park Section) BOT franchise (1995); and the new franchise for China Motor Bus Company (1995). In 1986, it agreed on the establishment of a separate Hong Kong register of shipping. Lastly, the JLG's Airport Committee has taken an active role in preparations for the new airport. It was established under the terms of a Memorandum of Understanding in 1991. The Airport Committee agreed to the principles of the overall financing arrangements of the New Airport and the Airport Railway in 1994, and the Financial Support Agreements between the Hong Kong Government and the Airport Authority and the Mass Transit Railway Corporation in 1995. The Airport Committee has also agreed to franchises for air cargo services, aviation fuel supply services and aircraft catering services. The committee also reached consensus on the Airport Authority Ordinance and the membership of the Airport Authoirty Board.

Work Still to be Done in the JLG

Despite these achievements, there is still a significant amount of work to complete before July 1, 1997. This work can be categorised into four areas: legal, immigration, and economic issues, and the transfer of government.

The transfer of government involves issues such as the need to have consultations on the transitional Budget and related matters, the transfer of defence respon- sibilities, the implementation of the 1990 agreement on archives, and the future of the civil service. Arrangements are also needed for the actual handover ceremonies. All of these issues must, by definition, be resolved before July 1, 1997.

Several legal issues remain unresolved. For example, about 10 items regarding localisation of laws are still outstanding. Agreement is needed on the adaptation of existing Hong Kong laws with the Basic Law; on some 20 international conventions; on programmes for negotiating bilateral agreements on the reciprocal enforcement and recognition of judgements in civil and commercial matters; and on the transfer of sentenced persons. Some bilateral agreements under the existing programmes (Mutual Legal Assistance, Surrender of Fugitive Offenders, Investments Promotion and Protection Agreements and Air Services Agreements) have yet to be agreed to.

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