Introduction
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This paper sets out the Administration's response to issues relating to the adaptation of laws programme raised at the meeting of the Bills Committee held on 25 March. |
Adaptation of Laws Programme |
| 2. |
In accordance with Articles 8 and 160 of the Basic Law, all Ordinances of Hong Kong (with the exception of 24 Ordinances or parts of Ordinances) were adopted as the laws of the Hong Kong Special Administrative Region under the "Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" on 23 February 1997. |
| 3. |
The Decision also sets out the principles on which the previous laws were adopted and how various expressions inconsistent with the status of Hong Kong as a Special Administrative Region of the People's Republic of China are to be construed. These principles have been enacted as part of the local law by the Hong Kong Reunification Ordinance (Ord. No.110 of 1997) and are now incorporated as section 2A and Schedule 8 in the Interpretation and General Clauses Ordinance (Cap. 1). In line with these general principles, more detailed principles of interpretation have been added to Cap. 1 by the amendments made under the Adaptation of Laws (Interpretative Provisions) Ordinance (Ord. No.26 of 1998). A note setting out the Guiding Principles and Guideline Glossary of Terms was issued to the Legislative Council in November 1998 (LC paper no. CB(2)739/98-99(01)), a copy of which is enclosed at the Annex. |
| National Security (Legislative Provisions) Bill |
| 4. |
The National Security (Legislative Provisions) Bill sets out the amendments to existing ordinances pursuant to the obligations imposed by Article 23 of the Basic Law. We have not proposed to deal with the adaptations that may be required for the respective ordinances being amended by the Bill. The relevant unadapted references in these ordinances will be construed following the above guiding principles. All military references in the laws of Hong Kong, including those under sections 6 and 7 of the Crimes Ordinance, will be adapted collectively in a separate exercise. |
| 5. |
As explained in paragraph 9.3 of the Consultation Document on the Proposals to Implement Article 23 of the Basic Law, section 18 of the Crimes Ordinance is clearly intended to penalise unauthorised military training for offences against the state. The provision is considered justified for retention. |
