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SCMP Reporter

The recommendation to scrap all legislation imported from England risks putting the territory back to the Julian calendar system, unused in Britain since 1752.

  The Application of English Law Ordinance gives effect in Hong Kong 29 English ordinances dating to 1361 - including a British law of 1750 that changed the calendar from Julian to Gregorian.

  The two types of calendar have different systems for leap years. The earlier Julian calendar was less accurate and had drifted 11 days behind the Earth's real position around the sun when Britain changed to the new calendar in 1752.

  The move to a new calendar meant 11 days were 'lost' and there was sporadic rioting in England from those who believed their lives had been shortened by 11 days.

  Barrister and chairman of the Hong Kong Human Rights Monitor Paul Harris said scrapping the ordinance could result in a series of challenges to basic aspects of the legal system.

  He said removing the ordinance without full analysis of the impact added unpredictability to the legal system, not only on the issue of time but other basic legal issues.

  'It could raise some fascinating complications for criminal offences,' Mr Harris said.

  A government source confirmed the Government had already studied the impact of taking the Calendar (New Style) Act of 1750 out of the Hong Kong statute books.

  The Government believes provisions in the Interpretation and General Clause Ordinance, which fix Hong Kong time to be eight hours ahead of Greenwich Mean Time, would be sufficient to prevent challenges to any ordinance with an element of time, although legislation could be enacted in advance of the handover if necessary.

  However, the Government's study showed scrapping the ordinance would greatly weaken protection against arbitrary government detention, because British Habeas Corpus acts dating from 1679 and 1816 would also be lost.

  Although the courts would still have the power to challenge the Government's actions, these two acts plugged key loopholes.

  Government law draftsman Tony Yen Yuen-ho said policy branches were being consulted and a local Habeas Corpus Ordinance could be passed before the handover.



HK could revert to pre-1752 calendar