Item

Section No.

Term or
passage repealed

Term
or passage
added or substituted

Remarks

1.

S1; S3(c)

"Chinese members of the Joint Liaison Group, Chinese members of the Land Commission"

Cap. 36 - long title, S2 definition of "dependants"

"British members of the Joint Liaison Group"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

- Land Commission no longer existed

2.

S2; S3(e)

"Land Commission"

Cap. 36 - S1, S2 definition of "Land Commission"

--

- Land Commission no longer existed

3.

S3(a)

"Chinese members of the Joint Liaison Group"

Cap. 36 - S2 definition of "Chinese members of the Joint Liaison Group"

"British members of the Joint Liaison Group"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

4.

S3(b)

"Chinese members of the Land Commission"

Cap. 36 - S2 definition of "Chinese members of the Land Commission"

--

- Land Commission no longer existed

5.

S3(d);
S3(f);
S5(c)(i)(B) & (ii);
S5(d); S5(f)(i)(A) & (ii)

"People's Republic of China"

Cap. 36 - S2 definitions of "experts" and "supporting staff", Schedule paras. 5(4)(b) & (4A)(a), 6(1), 10(1) & (6)

"United Kingdom"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

6.

S4

"(a) Chinese members of the Joint Liaison Group;

(b) Chinese members of the Land Commission;"

Cap. 36 - S3(1)

"British members of the Joint Liaison Group"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

- Land Commission no longer existed

7.

S5(a)

"premises of the Chinese members"

Cap. 36 - Schedule para. 1

"premises of the British members"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

8.

S5(b) and (f)(i)(B)

"Chinese"

Cap. 36 - Schedule paras. 2(1) & (2), 3(1) and 10(1)

"British"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

9.

S5(c)(i)(A);

S5(e)

"People's Republic of China for the purposes of the Joint Liaison Group or of the Land Commission"

Cap. 36 - Schedule paras. 5(4)(a) and 7(b)

"United Kingdom for the purposes of the Joint Liaison Group"

- privileges and immunities no longer granted to the Chinese members, but should now be granted to the British members

- Land Commission no longer existed

Item

Term or
Passage repealed

Term
or passage
added or substituted

Remarks

1

S1

"law for the time being in force in England"

Cap. 190 - long title

"custom for the time being in force in the People's Republic of China"

- the national law relating to diplomatic privileges and immunities will apply to Hong Kong even without this Ordinance

- "law" changed to "custom" since S6 has mentioned "custom"

2.

S2(b); S69; S70

"United Kingdom"

Cap. 190 - S2(1),

*sub. leg. M - Articles 4 and 5

"People's Republic of China"

- to bring it in line with the status of Hong Kong as a Special Administrative Region (SAR) of the People's Republic of China (PRC)

3.

S3(b)

"Her Majesty's Government in the United Kingdom"

Cap. 190 - S3(1)

"the Central People's Government"

- To bring it in line with the status of Hong Kong as a SAR of the PRC

- according to Cap. 1 Schedule 8 Section 1

*Note:

sub. leg.

sub. leg.

1.

The Food and Agriculture Organization

A

10. The Universal Postal Union

J

2.

The Inter-government Maritime Consultative Organization

B

11. The World Health Organization

K

3.

The International Atomic Energy Agency

C

12. The World Meteorological Organization

L

4.

The International Civil Aviation Organization

D

13. The Asian Development Bank

M

5.

The International Labour Organization

E

14. The Asia-Pacific Telecommunity Notification

N

6.

The Organization for the Network of Aquaculture Centres in Asia and the Pacific Notification

F

15. The European Communities Notification

O

7.

The International Telecommunication Union

G

16. The International Maritime Satellite Organization Notification

P

8.

The United Nations

H

17. The International Telecommunications Satellite Organization

9.

The United Nations Educational, Scientific and Cultural Organization

I

Notification

Q

Item

Section No.

Term or
passage repealed

Term
or passage
added or substituted

Remarks

4.

S3(d); S8(a)(i)(B) and (b)(ii) and (c)(i)(A) and (c)(ii)(A);
S11; S12(a)(I); S13;
S15; S16(a); S17(a); S18;
S20; S21(a); S22(a); S23(a);
S25; S26(a)(i); S27;
S29; S30(a)(i); S31
S32(b); S35(b);

"Her Majesty"

Cap. 190 S3(1), First Schedule Part I para. 2, Part II para. 1, Part IV paras. 1 & 2

sub leg. A Article 3, Article 8(1)(c), Article 9

sub. leg. B Article 3, Article 8(1), Article 9, Article 11(1)

sub. leg. C Article 3, Article 8(1), Article 9, Article 11(1)

sub. leg. D Article 3, Article 8(1)(c), Article 9

sub. leg. E Article 3, Article 8(1)(c), Article 9

"the Government of the People's Republic of China"

- the normal usage in international agreements is to say that an envoy is accredited to the government of the receiving state

4.

(Cont')

S38; S41; S43; S46(a); S47;
S48(c); S49(a)
S51; S52(a)(I); S53;
S55; S58;
S60; S61(a)(I); S62
S64; S67;
S69(b);
S71(b); S74(b);
S76(b); S79(b);
S80(b); S83(b)

sub. leg. F Para. 5, Para. 10

sub. leg. G Article 3, Article 9

sub. leg. H Article 3, Article 8(c), Article 10, Article 13, Article 15

sub. leg. I Article 3, Article 8(1)(c), Article 9

sub. leg. J Article 3, Article 9

sub. leg. K Article 3, Article 8(1)(c), Article 9

sub. leg. L Article 3, Article 9

sub. leg. M Article 4

sub. leg. N Article 6, Article 12

sub. leg. P Article 4, Article 10

sub. leg. Q Article 4, Article 10

5.

S5(b)

"British"

Cap. 190 - S5

"Chinese"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

6.

S6(a)

"the law applicable to the colony, the law and"

Cap. 190 - S6

"any Ordinance, the"

- the national law relating to diplomatic privileges and immunities will apply to Hong Kong even without this ordinance

7.

S6(b); S8(a)(i)(A)
and (ii) and (b)(i)
and (c)(i)(B)
and (ii)(B);
S32(a); S33;
S35(a); S71(a);
S72; S74(a);
S76(a); S77;
S79(a);
S80(a); S81; S83(a)

"England"

Cap. 190 - S6, First Schedule

Part I paras. 2 & 3, Part II para. 1, Part IV paras. 1 and 2

sub. leg. F para. 5, para. 6(1), para. 10

sub. leg. N Article 6, Article 7, Article 12

sub. leg. P Article 4, Article 5, Article 10

sub. leg. Q Article 4, Article 5, Article 10

"the People's Republic of China"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

8.

S7

Section 7

Cap. 190 - S7

--

- S7 confers privileges and immunities on officers of the Commonwealth Secretariat which are no longer relevant to Hong Kong

9.

S9

Second Schedule

Cap. 190 - Second Schedule

--

- Second Schedule confers privileges and immunities on officers of the Commonwealth Secretariat which are no longer relevant to Hong Kong

10.

S10; S14; S19; S24; S28; S37; S42; S50; S54; S59; S63; S68;

the preamble

sub. leg. A
sub. leg. B
sub. leg. C
sub. leg. D
sub. leg. E
sub. leg. G
sub. leg. H
sub. leg. I
sub. leg. J
sub. leg. K
sub. leg. L
sub. leg. M

--

- the preambles having historical references to "Governor", which should not be changed to "Chief Executive", are repealed for they are inconsistent with the status of Hong Kong as a SAR of the PRC

11.

S12(a)(ii);
S16(b)(ii);
S21(b)(ii); S22(b); S23(b);
S26(a)(ii);
S30(a)(ii);
S34(b);
S40(b);
S46(c);S48(a); S49(c)(i) and (ii);
S52(a)(ii);
S57(b);
S61(a)(ii);
S66(b);
S73(b);
S78(b);
S82(b)

"British citizens, British Dependent Territories citizens or British Overseas citizens"

sub. leg. A Article 8(1)(c)

sub. leg. B Article 8(4)

sub. leg. C Article 8(4), 9 & 11(1)(c)

sub. leg. D Article 8(1)(c)

sub. leg. E Article 8(1)(c)

sub. leg. F Article 9(4)

sub. leg. G Article 8(4)

sub. leg. H Article 8(c), 13 & 15

sub. leg. I Article 8(1)(c)

sub. leg. J Article 8(4)

sub. leg. K Article 8(1)(c)

sub. leg. L Article 8(4)

sub. leg. N Article 11(4)

sub. leg. P Article 9(4)

sub. leg. Q Article 9(4)

"Chinese nationals"

- there are differences in the nationality laws of the PRC and the United Kingdom

- according to international practice adopted by a number of states, the national of one country is not given diplomatic privileges and immunities when he is in his own country

12.

S12(b)(i);
S16(b)(i);
S21(b)(i);
S26(b)(i);
S30(b)(i);
S34(a);
S39(a);
S40(a);
S49(d);
S52(b)(i);
S56(a);
S57(a);
S61(b)(i);
S65(a);
S66(a);
S73(a);
S78(a);
S82(a);

"Her Majesty's Government"

sub. leg. A Article 8(3)

sub. leg. B Article 8(4)

sub. leg. C Article 8(4)

sub. leg. D Article 8(3)

sub. leg. E Article 8(3)

sub. leg. F para. 9(4)

sub. leg. G Heading before Article 8, Article 8(4)

sub. leg. H Article 15

sub. leg. I Article 8(3)

sub. leg. J Heading before Article 8, Article 8(4)

sub. leg. K Article 8(3)

sub. leg. L Heading before Article 8, Article 8(4)

sub. leg. N Article 11(4)

sub. leg. P Article 9(4)

sub. leg. Q Article 9(4)

"the Central People's Government"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

- according to Cap. 1 Schedule 8 Section 1

13.

S12(b)(ii);
S26(b)(ii);
S30(b)(ii);
S52(b)(ii);
S61(b)(ii)

"British citizen, a British Dependent Territories citizen or a British Overseas citizen and who is not the representative of a Government of Her Majesty other than Her Majesty's Government in Hong Kong and a member of the staff of and accompanying any such representative"

sub. leg. A Article 8(3)
sub. leg. D Article 8(3)
sub. leg. E Article 8(3)
sub. leg. I Article 8(3)
sub. leg. K Article 8(3)

"a Chinese national"

- there are differences in the nationality laws of the PRC and the United Kingdom

- according to international practice adopted by a number of states, the national of one country is not given diplomatic privileges and immunities when he is in his own country.

14.

S17(b)

Proviso of Article 9

sub. leg. B Article 9 proviso

--

- this proviso is unique to the United Kingdom and no longer applicable to Hong Kong

15.

S49(e)

"except a Government of Her Majesty other than Her Majesty's Government in the Colony"

sub. leg. H Article 15

--

- there are differences in the nationality laws of the PRC and the United Kingdom

- according to international practice adopted by a number of states, the national of one country is not given diplomatic privileges and immunities when he is in his own country.

16.

S75

The European Communities Notification

sub. leg. O

--

- the agreement between Hong Kong and the European Commission expired on 1.7.97

Item

Section
No.

Term or
passage repealed

Term
or passage
added or substituted

Remarks

1.

S1

preamble

Cap. 191 - preamble

--

- the Treaties of Commerce and Navigation between the United Kingdom and other countries are no longer applicable to Hong Kong

2.

S3

paras. (a) and (b) of Section 3

Cap. 191 - S3 paras. (a) and (b)

new paras. (a) and (b)

- this is to set the framework for any future bilateral agreement or arrangement between the People's Republic of China and other countries

3.

S4

The Schedule

Cap. 191 - Schedule

Schedule framework

- this is to set the framework for any future bilateral agreement or arrangement between the People's Republic of China and other countries

Item

Section No.

Term or
passage repealed

Term
or passage
added or substituted

Remarks

1.

S1(a)

"Her Majesty's Government in the United Kingdom"

Cap. 259 - long title

"the Central People's Government"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

- according to Cap.1 Schedule 8 Section 1

2.

S1(b); S3(b); S4(a);
S9(a)(ii)

"the United Kingdom"

Cap. 259 - long title, S3, S4(1) & (2), S10(2)

"the People's Republic of China"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

3.

S2(a)(i)

"Foreign and Commonwealth Office"

Cap. 259 - S2(2) definition of "Ministry of Foreign Affairs"

"Ministry of Foreign Affairs of the People's Republic of China"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

4.

S2(a)(ii)

definition of "national of the receiving state"

Cap. 259 - S2(2) definition of "national of the receiving state"

""national of the receiving State" shall be construed as meaning a Chinese national.""

- to bring it in line with the status of Hong Kong as a SAR of the PRC

5.

S2(b); S9(b)

"Diplomatic Privileges Act 1964 (1964 c.81 U.K.)"

Cap. 259 - S2(8), S10(3)

"Regulations of the People's Republic of China Concerning Diplomatic Privileges and Immunities (L.N. 379 of 1997)"

- The UK Act is no longer applicable to Hong Kong and the national laws contained in Annex III of the Basic Law apply to Hong Kong

6.

S6(b)

"person who is a British citizen, a British Dependent Territories citizen or a British Overseas citizen or is otherwise comprised in the definition of "national of the receiving State" in subsection (2) of section 2"

Cap. 259 - S6(1)(a)

"Chinese national"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

7.

S10

Section 12

Cap. 259 - S12

--

- Section 12 relates to the privileges and immunities of official representatives of Commonwealth countries and is no longer applicable to Hong Kong

8.

S11

all the sub. leg. of Cap. 259

sub. leg. A - AD

--

- All the subsidiary legislation implementing the bilateral agreements between the United Kingdom and other countries are repealed since all these bilateral agreements were no longer applicable to Hong Kong on 1.7.97

Item

Section No.

Term or
passage repealed

Term
or passage
added or substituted

Remarks

1.

S1;

S2(b)

"Her Majesty"

Cap. 267 - long title, S5

"the Government of the People's Republic of China"

- to bring it in line with the status of Hong Kong as a SAR of the PRC

2.

S3

Consular Conventions (Consolidation) Order

sub. leg. A

--

- the bilateral agreements between the United Kingdom and other countries are no longer applicable to Hong Kong