HKLII Hong Kong Ordinances

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INTERPRETATION AND GENERAL CLAUSES ORDINANCE - SECT 2A

Laws previously in force

Adaptation amendments retroactively made - see 26 of 1998 s. 3

(1) All laws previously in force shall be construed with such modifications,
adaptations, limitations and exceptions as may be necessary so as not to
contravene the Basic Law and to bring them into conformity with the status of
Hong Kong as a Special Administrative Region of the People's Republic of
China.

(2) Without prejudice to the generality of subsection (1), in any Ordinance-

   (a)  provisions relating to foreign affairs in respect of the Hong 
        Kong Special Administrative Region which are inconsistent with any
        national law applied in the Hong Kong Special Administrative Region
        shall be construed subject to that national law and shall be so
        construed as to be consistent with the international rights and
        obligations of the Central People's Government of the People's
        Republic of China;

   (b)  provisions conferring privileges on the United Kingdom or other
        Commonwealth countries or territories, other than provisions giving
        effect to reciprocal arrangements between Hong Kong and the United
        Kingdom or other Commonwealth countries or territories shall have no
        further effect;

   (c)  provisions relating to the rights, exemptions and obligations of
        military forces stationed in Hong Kong by the United Kingdom shall,
        subject to the provisions of the Basic Law and the Garrison Law of the
        Hong Kong Special Administrative Region of the People's Republic of
        China, continue to have effect and apply to the military forces
        stationed in the Hong Kong Special Administrative Region by the
        Central People's Government of the People's Republic of China;

   (d)  provisions relating to the superior legal status of the English
        language as compared with the Chinese language shall be construed as
        providing that both the English and Chinese languages are to be
        official  languages; and

   (e)  provisions applying any English law may continue to be applicable by
        reference thereto as a transitional arrangement pending their
        amendment by the Hong Kong Special Administrative Region through the
        Legislature thereof, provided that they are not prejudicial to the
        sovereignty of the People's Republic of China and do not contravene
        the provisions of the Basic Law.

(3) In all laws previously in force words and expressions listed in Schedule 8
shall be construed according to that Schedule.

(4) In this section-

"laws previously in force" (原有法律) means the common law, rules of
equity, Ordinances, subsidiary legislation and customary law in force
immediately before 1 July 1997 and adopted as laws of the Hong Kong Special 
Administrative Region. (Added 110 of 1997 s. 5. Amended 26 of 1998 s. 3)

"laws previously in force" (原有法律)



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