CHINA / POLITICS
Colonial references in Hong Kong laws make their exit, hailed by legal representatives as 'necessary move'
Published: Jul 11, 2024 10:35 PM
Photo: Xinhua

Photo: Xinhua


After the British Union Jack, which had flown over Hong Kong for more than 150 years, was lowered for the last time on June 30, 1997, terms such as "Her Majesty" and "Governor," which had persisted in various Hong Kong laws, finally made their exit on Wednesday. 

Some legal representatives in the Hong Kong Special Administrative Region (HKSAR) hailed it as necessary legal reforms to remove such outdated colonial references and fill gaps in the law.

The Legislative Council (LegCo) of the HKSAR passed the Statute Law (Miscellaneous Provisions) Bill 2024 in its third reading, officially removing terms like "Her Majesty," "Governor," from the legal texts of several Hong Kong laws.

The bill is divided into 15 parts, with the most notable being Part 14, which concerns amendments made for legal adaptation, according to media reports.

The modifications in Part 14 include replacing "Her Majesty, her heirs and successors" with "the Central People's Government or the Government of the HKSAR in accordance with the Basic Law and other laws"; "Governor" with "Chief Executive"; and "Governor in Council" with "Chief Executive in Council." 

In an interview with Yangcheng Evening News, Deputy Secretary for Justice of HKSAR government Cheung Kwok-kwan said that the Part 14 was proposed by different policy bureau of the Hong Kong government, including the Department of Justice, suggesting amendments to various expressions and provisions in statutory laws. Most of the proposed amendments are of a terminological or technical nature. 

The purpose of the legal adaptation amendments is to ensure that certain provisions or expressions in ordinances and subsidiary legislation in force before July 1, 1997, conform to the Basic Law of Hong Kong and reflect Hong Kong's status as a SAR of the People's Republic of China, appropriately mirroring the policy intentions of the relevant policy bureau.

"The issue of inaccurate legal terminology has existed for many years and should have been addressed long ago," Chan Man-ki, a deputy to the National People's Congress and a member of the LegCo, wrote to the Secretary for Justice of the HKSAR government and the Chairman of the Legislative Council's Panel on Administration of Justice and Legal Services in September 2022, urging the acceleration of the "decolonization" of local laws. 

On Wednesday, Chan Man-ki told Yangcheng Evening News that the long-term presence of colonial-era legal provisions in Hong Kong posed a significant obstacle to the implementation of patriotic education. 

This amendment directly adapts expressions that do not conform to the constitutional status of the HKSAR, such as deleting terms like "Her Majesty" and "Governor," and this amendment effectively and swiftly implements the "decolonization" of local laws, correctly reflecting the constitutional order of the HKSAR, Chan was quoted as saying in the media report. 

"I believe this amendment will enable Hong Kong's local laws to keep pace with the times," Chan said. 

Willy Fu, a law professor who is also director of the Chinese Association of Hong Kong & Macao Studies, welcomed and supported the second and third readings of the bill.

27 years after Hong Kong's return to the motherland, it is necessary to undertake legal reforms to remove these outdated colonial references and fill gaps in the law, Fu said, noting that this is a necessary and appropriate measure that deserves support. 

Hong Kong residents should set aside their colonial nostalgia, unite, and fully support the SAR government's lawful administration. By relying on the motherland and connecting with the world, Hong Kong can leverage its unique advantages, integrate into the national development agenda, boost the economy, pursue development, and benefit people's livelihoods, Fu noted. 

"Hong Kong can achieve a renaissance, faithfully implementing One Country, Two Systems and steadfastly maintaining its prosperity and stability. The future of Hong Kong will certainly be brighter," he said. 

Terms such as "Her Majesty," "royal family," and "loyalty" might lead to misunderstandings that Hong Kong has not fully returned to the motherland in many aspects, potentially forming long-term misconceptions about One Country, Two Systems, Priscilla Leung, Chairperson of the LegCo's Bills Committee, was quoted as saying in media reports on Wednesday.  

Hong Kong was a member of an international treaty in 1989, but has since ceased to apply the relevant regulations. Revising them after 35 years is hard to accept, and Leung said that she hopes that all departments will expedite their work to complete the adaptation process as soon as possible.