LC: Adaptation of Laws (No.3) Bill 1998

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Following is the speech by the Secretary for Security, Mrs Regina Ip, in moving the second reading of the Adaptation of Laws (No.3) Bill 1998 in the Legislative Council today (Wednesday) :

Madam President,

I move that the Adaptation of Laws (No.3) Bill 1998 be read the second time.

The Bill seeks to repeal the Foreign Jurisdiction (Expenses) Ordinance and the Smuggling into China (Control) Ordinance and its subsidiary legislation, which are not in conformity with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.

The Foreign Jurisdiction (Expenses) Ordinance made under the UK Foreign Jurisdiction Acts provides for expenses in relation to Hong Kong residents who have committed offences and have subsequently been convicted or acquitted on the ground of insanity in any country or place out of Her Majesty's dominions. Following China's resumption of the exercise of sovereignty over Hong Kong, UK Acts have ceased to apply to Hong Kong. In fact, according to our record, no expenses have been incurred under this Ordinance. As the Ordinance has become obsolete, we propose to repeal it.

The Smuggling into China (Control) Ordinance was enacted in 1948 to give effect to an agreement between the then Chinese Government and the United Kingdom Government for various measures to prevent smuggling between Hong Kong and China. Since the subsequent enactment of the Import and Export Ordinance in 1970, smuggling offences have been dealt with entirely under that Ordinance. The provisions under the Smuggling into China (Control) Ordinance were therefore not required and never invoked, except that the Cap. 242 line continued to be used as a customary reference line, where Mainland security vessels were allowed access north of the line. Following the promulgation of the boundary of the Hong Kong Special Administrative Region by the State Council in its Order No. 221 on 1 July 1997, the customary line laid down in the Smuggling into China (Control) Ordinance has become obsolete. The Ordinance should be repealed.

I hope Members will support this Bill which repeals Ordinances that are obsolete and no longer applicable so as to update the laws of Hong Kong.

Thank you, Madam President.

End/Wednesday, November 11, 1998

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