第三號法律副刊 Legal Supplement No. 3 中華人民共和國香港特別行政區 行政長官辦公室授權印刷 Published by the Authority of the Chief Executive's Office, Hong Kong Special Administrative Region, The People's Republic of China 內附的條例草案將於未來的會議中 呈交臨時立法會 The attached Bill is to be presented to the Provisional Legislative Council at a future sitting 一九九七年五月三十日（星期五） Friday, 30 May 1997

The Legislative Council Commission (Amendment) Bill 1997

A Bill

To

Amend The Legislative Council Commission Ordinance.
Enacted by the Provisional Legislative Council.

1. Short title
(1) This Ordinance may be cited as The Legislative Council Commission (Amendment) Ordinance 1997.
(2) This Ordinance comes into operation on 1 July 1997.

2. Long title etc.
The Legislative Council Commission Ordinance (Cap. 443) is amended by repealing "立法局" wherever it appears in the long title and such places other than provisions repealed by sections 3 and 8 of this Ordinance and substituting "立法會".

3. Interpretation
Section 2 is amended -
(a) by adding -
""立法會" (Council) 除指立法會外，在臨時立法會自《1997年立法局行政管理委員會(修訂)條例》(1997年第 號)(以下稱為"修訂條例")生效日期起計的存續期內，是指臨時立法會；"；
(b) by repealing the definition of "Council" and substituting -
""Council "(立法會) means the Legislative Council but during the existence of the Provisional Legislative Council after the commencement of The Legislative Council Commission (Amendment) Ordinance 1997 ( of 1997) (hereinafter referred to as "the amending ordinance"), means the Provisional Legislative Council;";
(c) by repealing the definition of "Secretariat" and substituting -
""Secretariat" (秘書處) means the Legislative Council Secretariat but during the existence of the Provisional Legislative Council after the commencement of the amending ordinance, means the Provisional Legislative Council Secretariat;".

4. Establishment of the Commission
Section 3 is amended -
(a) by re-numbering it as section 3(1);
(b) by adding -
"(2) Notwithstanding subsection (1), after the commencement of the amending ordinance, the body corporate established under that subsection -
(a) shall be known as " 立法會行政管理委員會 " in Chinese; and
(b) may also be known, during the existence of the Provisional Legislative Council, as The Provisional Legislative Council Commission.".

5. Membership
Section 4(1) is amended -
(a) by adding -
"(da) the persons who are members (including the Convenor and Deputy Convenor) of the Working Group on Administrative Matters of the Provisional Legislative Council immediately before the commencement of the amending ordinance and who do not become members of the Commission by virtue of paragraph (a), (b) or (c);";
(b) in paragraph (e) -
(i) by repealing "8" and substituting "10";
(ii) by repealing "other than the ex officio members referred to in paragraph (1)(b) of Article VI of the Hong Kong Letters Patent 1917 to 1992".

6. Office of members
Section 5 is amended -
(a) in subsection (2), by adding "or (da)" after "4(1)(d)";
(b) in subsection (5), by repealing "or (c)" and substituting ", (c) or (da)";
(c) in subsection (7), by repealing "other than the ex officio members referred to in paragraph (1)(b) of Article VI of the Hong Kong Letters Patent 1917 to 1992".

7. Regulation of procedure
Section 8 is amended -
(a) in subsection (1), by repealing "standing orders" and substituting "rules of procedure";
(b) in subsection (2), by repealing "standing order" and substituting "rules of procedure".

8. Secretariat and Secretary General
Section 15(3) is amended by repealing "Legislative".

9. Commission not servant or agent of Crown
Section 19 is amended by repealing "Crown" in both places where it appears and substituting "Government".

10. Section added
The following is added -
"22A. Transfer of property etc. to Commission
  (1) All property, whether movable (including choses in action) or immovable, which immediately before the commencement of the amending ordinance was vested in or belonged to any person acting as the President, or acting in or on the behalf, of the Provisional Legislative Council or was held in trust or subject to conditions for the Provisional Legislative Council and all rights, powers and privileges relating to or connected with any such property, shall on the commencement of the amending ordinance, without any conveyance or assignment, be transferred to and vested in or become the property of, or property held in trust or subject to conditions for, the Commission.
  (2) All property transferred by this section which immediately before the commencement of the amending ordinance was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of any person shall, upon the request of the Commission made at any time on or after the commencement of the amending ordinance, be transferred in those books by the bank, corporation or company into the name of the Commission.
  (3) Every chose in action transferred by this section may, on or after the commencement of the amending ordinance, be sued upon, recovered, or enforced by the Commission in its own name and it shall not be necessary for the Commission to give notice to the person bound by any such chose in action of the transfer effected by this section.
  (4) Every debt or other liability (including unliquidated liabilities arising from torts or breaches of a contract) incurred by any person acting as the President, or acting in or on the behalf, of the Provisional Legislative Council which immediately before the commencement of the amending ordinance is owing and unpaid or has been incurred and is undischarged shall, on such commencement, become and be the debt or liability of the Commission and shall be paid or discharged by and may be recovered from and shall be enforceable against the Commission accordingly.

  (5) Every contract which was entered into between any person acting as the President, or acting in or on the behalf, of the Provisional Legislative Council and any other person and is in force immediately before the commencement of the amending ordinance shall continue in force on and after such commencement, but it shall be construed and have effect as if the Commission were substituted therein for the first-mentioned person and shall be enforceable by or against the Commission accordingly.
  (6) All documents or instruments existing immediately before the commencement of the amending ordinance to which any person was a party as the President, or in or on the behalf, of the Provisional Legislative Council or in which any reference was made to such person shall be construed and have effect on and from such commencement as if -
(a) the Commission had been a party thereto instead of that person;
(b) for any reference (whether express or implied) to that person there were substituted, as respects anything falling to be done on or after such commencement, a reference to the Commission.
  (7) Where, immediately before the commencement of the amending ordinance, any legal proceedings to which any person acting as the President, or acting in or on the behalf, of the Provisional Legislative Council is a party are pending, the name of the Commission shall be substituted for that of such person and the proceedings shall not abate by reason of such substitution.
  (8) The Stamp Duty Ordinance (Cap. 117) shall not apply to the vesting in the Commission of property or rights transferred by this section.".

11. Application to Government
Section 23 is amended by repealing "Crown" and substituting "Government".

12. Consequential amendments to and transitional construction of "Legislative Council Secretariat" etc.

In any other Ordinance, any reference to -
(a) "立法局行政管理委員會" or "立法局秘書處" is amended by repealing "立法局" and substituting "立法會";
(b) "Legislative Council Secretariat" shall, if applicable, be construed as a reference to "Provisional Legislative Council Secretariat".

Explanatory memorandum

The purposes of the Bill are -
(a) to adapt the principal ordinance for continuing application after 30 June 1997; and
(b) to make transitional arrangements arising from the establishment of the Provisional Legislative Council and its supporting structure.