PLC Paper No. LS 126




Paper for the House Committee Meeting
of the Provisional Legislative Council
on 20 March 1998

Legal Service Division Further Report on
Adaptation of Laws (Crown Land) Bill



Members may recall that the Legal Service Division made a report to the House Committee on 13 February 1998 (PLC Paper No. LS 96 refers). In that report we informed Members that we need more time to examine the Bill in detail.

2. The Legal Service Division has since sought clarification on various technical points with the Administration. Copies of the correspondences exchanged are at Annex to this Report. The Legal Service Division confirms that the Bill does not seek to introduce any change in policy. It provides textual amendment of references to the Crown in relation to land in the laws of Hong Kong so as to conform with Article 7 of the Basic Law.

3. As a result our discussion with the Administration, the Secretary of Planning, Environment and Lands has agreed to move certain Committee stage amendments to the Bill. The effect of these amendments are :

  1. to delete an amendment to the Conveyancing and Property Ordinance (Cap. 219) since similar amendment has been proposed in section 1 of the Schedule to the Adaptation of Laws (Interpretative Provisions) Bill ("the Related Bill");

  2. to achieve consistency for the term "government grant" in the Chinese text; and

  3. to deal with two omissions in the Bill.

4. The Related Bill is relevant to this Bill in two respects :

  1. it adds a new section 6 to the Interpretation and General Clauses Ordinance (Cap. 1) to provide that a reference to "Government property" in an ordinance shall be construed in accordance with Article 7 of the Basic Law (Clause 6); and

  2. it provides a definition for the term "Government lease" in Cap. 1 (Clause 4).

Legal problems will arise if the Bill is passed without the aforesaid provisions in the Related Bill. The Administration has been advised that the remaining legislative proceedings on the Bill should not precede those on the Related Bill.

5. The Administration is in the course of preparing the Committee stage amendments. Subject to Members' views and the Committee stage amendments being in order, the Bill is ready for resumption of the Second Reading debate.



Encl

Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Provisional Legislative Council Secretariat
18 March 1998



LS/B/505 March 1998
2869 9204Fax No. : 2845 3489
2877 5029


Ms Shirley Lam
Assistant Secretary (Lands) 1
Planning, Environment and Lands Bureau
9/F, Murray Building
Garden Road
Hong Kong

Dear Ms Lam,



Adaptation of Laws (Crown Land) Bill

I am in the course of scrutinizing the above Bill with a view to advising Members of the PLC.

I shall be grateful if you would clarify the policy intent of clause 53 which repeals the definition of "Crown lease" and substitutes the definition of "Government lease" in section 15(e) of the Conveyancing and Property Ordinance (Cap. 219). Similar amendment has been proposed in section 1 of the Schedule to the Adaptation of Laws (Interpretative Provisions) Bill. In that Bill, "Crown lease" is re-defined to mean a Government lease, and "Government lease" is defined along the same line proposed in the captioned Bill.

Please let me know whether the duplication is intended, and if not, which proposal would be removed by a Committee stage amendment.

Yours sincerely,



(Bernice Wong)
Assistant Legal Adviser



LS/B/5016 March 1998
2869 9204Fax No. : 2845 3489
2877 5029Total Pages : 2


Ms Shirley Lam
Assistant Secretary (Lands) 1
Planning, Environment and Lands Bureau
9/F, Murray Building
Garden Road
Hong Kong



Dear Ms Lam,

Adaptation of Laws (Crown Land) Bill

I refer to your fax this afternoon confirming that clause 53 of the above Bill will be deleted in light of the provision in the Adaptation of Laws (Interpretative Provisions) Bill. Please review whether the proposed Committee Stage Amendment should delete item 55 of the Schedule to the Bill as well.

I shall be grateful if you would also clarify the following :

1. Clauses 6 and 105

Clause 6 proposes to retain the term "Crown grants" in section 54(2)(d) of the Evidence Ordinance (Cap. 8). By virtue of Clause 105 and item 46 of the Schedule, the term "Crown Grant" in Rule 5C(2) of the Solicitors' Practice Rules (Cap. 159 sub. leg.) will be repealed and substituted by "Government Grant".

  1. Is there any reason for the different policies adopted towards the same term?

  2. Is there any distinction between the term "Crown grant" or "Government Grant" and the proposed new definition of "Government lease" in the Interpretation and General Clauses Ordinance (Cap. 1)?

  3. The Chinese rendition for "Government grants" proposed in Clause 6 is while that proposed in Clause 105 is . Please amend to achieve consistency.


2. Clause 83

Clause 83 proposes to replace paragraph (3) of the Schedule to the Community Service Orders Ordinance (Cap. 378) with a new paragraph. The new paragraph does not refer to work on any land of which the Government or any public body is the owner. Please let us know whether there is any change in policy.

3. Scope of the Bill

I understand that the Bill is intended to be an exhaustive adaptation exercise. What is the policy of the Administration in the event omissions are discovered after the Bill is passed? During our telephone discussion this morning, you have mentioned that the Bill covers all legislation up to 20 January 1998 i.e. the date of submission to the Executive Council. Please confirm that all subsequent Ordinances and subsidiary legislation do not require adaptation under this Bill.

To facilitate me to report to the House Committee at its meeting on 20 March, I would appreciate it if you could let me have your reply and your draft Committee Stage Amendments by close of play tomorrow.



Yours sincerely,



(Bernice Wong)
Assistant Legal Adviser



c.c. Department of Justice
(Attn : Mr W B Maddaford, SALD)
(Fax : 2869 1302)