ENG-1996 — Page 55

THE LEGAL SYSTEM

legislation and legislation amending bilingual legislation have been enacted bilingually.

In October 1988, the government set up the Bilingual Laws Advisory Committee, to advise on the quality and authentication of Chinese texts of ordinances enacted only in English. 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 enacted only in English was declared authentic in July 1992. Since then, the Chinese texts of about 326 ordinances have been declared authentic. The authentication of Chinese texts of ordinances is progressing well. At each Executive Council sitting, the Chinese texts of at least two ordinances are declared authentic.

In the Law Drafting Division, a bilingual legal glossary is being kept in a database. This glossary has reached about 22 800 entries and is growing at a rate of about 80 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 is published from time to time. The second edition, containing about 15 000 entries, was published in June 1996. The next edition will be published towards the end of 1997 or in 1998.

Until 1989, the laws of Hong Kong were published in a 32-volume compilation known as the Laws of Hong Kong. Since 1990, the Laws of Hong Kong have been published in the loose-leaf edition. The loose-leaf 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 Hong Kong 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 several English Acts, such as the Habeas Corpus Act 1816, to Hong Kong. It will be superseded on July 1, 1997, by the Basic Law, which provides for the adoption of the laws previously in force in Hong Kong as the laws of the Hong Kong Special Administrative Region (HKSAR). Useful provisions in the English Acts applied by the ordinance will be re-enacted in local legislation.

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 UK is a party.

To ensure that by July 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 UK 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 several topics (including civil aviation, merchant shipping, fugitive offenders and intellectual property) or if it is required in order to give effect to an international

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