Full legislation
s.2A
Laws previously in force
(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 Law of the People’s Republic of China on the
Garrisoning of the Hong Kong Special Administrative Region in
Schedule
2
to the Promulgation of National Laws (No. 2) 1997
(
L.N. 386 of
1997
),
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;
(Amended
2 of 2012 s. 4
)
(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.