Adaptation of Laws (No. 3) Bill 1999
Adapt certain Ordinances to bring them into conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.
Enacted by the Legislative Council.
1. Short title
This Ordinance may be cited as the Adaptation of Laws (No. 3) Ordinance 1999.
2. Commencement
(1) This Ordinance, other than Schedule 4, shall be deemed to have come into operation on 1 July 1997.
(2) Subsection (1) shall be subject to Article 12 of the Hong Kong Bill of Rights set out in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383).
(3) (a) Sections 1, 2 and 4 of Schedule 4 shall be deemed to have come into operation on 8 August 1997.
(b) Section 3 of Schedule 4 shall be deemed to have come into operation on 1 January 1999.
3. Amendment of Ordinances
The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.
SCHEDULE 1 [s. 3]
Landlord and Tenant (Consolidation) Ordinance
1. Section 4(1) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) is amended by repealing "Governor" and substituting "Chief Executive in Council".
2. Section 10(8) is amended by repealing "立法局" and substituting "立法會".
3. Section 44(2) is amended by repealing ", together with a copy in Chinese," and substituting "and Chinese".
4. Section 47(1) is amended by repealing "accompanied by a translation thereof in the Chinese language" and substituting "in English and Chinese".
5. Section 48(2) is amended by repealing "立法局" and substituting "立法會".
6. Section 50 is amended---
(a) in subsection (6)(m), by repealing "立法局" and substituting "立法會";
(b) in subsection (9), by repealing "Governor" and substituting "Chief Executive in Council";
(c) in subsection (11), by repealing "立法局" and substituting "立法會".
7. Section 53A(4)(e) is amended by repealing "立法局" and substituting "立法會".
8. Section 58(3) is amended by repealing "立法局" and substituting "立法會".
9. Section 70B(3) is amended by repealing "Crown" and substituting "Government".
10. Section 74B(2) is amended by repealing "立法局" and substituting "立法會".
11. Section 101(3) is amended by repealing "立法局" and substituting "立法會".
12. Section 103 is amended by repealing "Crown" and substituting "Government".
13. Section 114 is amended by repealing "Governor" and substituting "Chief Executive in Council".
14. Section 119F(4)(e) is amended by repealing "立法局" and substituting "立法會".
15. Section 119K(3) is amended by repealing "立法局" and substituting "立法會".
16. Section 119V(3) is amended by repealing "官方" and substituting "政府".
17. Section 122(3) is amended---
(a) by repealing ", together with a copy in Chinese,";
(b) by adding "in English and Chinese" after "termination" where it first appears.
18. Section 123(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
19. Section 132A is amended by repealing "立法局" and substituting "立法會".
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SCHEDULE 2 [s. 3]
Housing Ordinance and Its Subsidiary Legislation
Housing Ordinance
1. Section 3(2)(b) and (c), (3) and (5) of the Housing Ordinance (Cap. 283) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 4(1), (2)(f) and (j) and (3) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
3. Section 5 is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 9 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
5. Section 12 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
6. Section 14 is amended---
(a) in subsections (2) and (3), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (4)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會".
7. Section 15 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會".
8. Section 17A(1) is amended by repealing "Governor" and substituting "Chief Executive".
9. Section 17AA(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
10. Section 30(2) is amended by repealing "立法局" and substituting "立法會".
Housing (Traffic Contraventions) (Fixed Penalty) Bylaw
11. Section 3 of the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw (Cap. 283 sub. leg.) is amended by repealing "Crown" wherever it appears and substituting "State".
12. Section 9(1)(a) is amended by repealing "人民".
13. Schedule 3 is amended, in Forms 1 and 2, under the heading "繳款辦法", in item (1)(b)(i), by
repealing "人民".
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SCHEDULE 3 [s. 3]
The Hong Kong Institute of Housing Ordinance
1. Section 12 of The Hong Kong Institute of Housing Ordinance (Cap. 507) is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws".
SCHEDULE 4 [ss. 2 & 3]
Estate Agents Ordinance
1. Section 7(1), (3) and (4) of the Estate Agents Ordinance (Cap. 511) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 12(5) is amended by repealing "立法局" and substituting "立法會".
3. Section 28(4) is amended by repealing "立法局" and substituting "立法會".
4. The Schedule is amended---
(a) in section 2, by repealing "Crown" where it twice appears and substituting "State".
(b) in section 3(1)(a), (b), (c)(ii)(B) and (C) and (iv) and (d), (2), (3), (4) and (6)(a), by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 5 [s. 3]
Hong Kong Housing Society Incorporation Ordinance
1. Section 3 of the Hong Kong Housing Society Incorporation Ordinance (Cap. 1059) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 4 is amended---
(a) in paragraph (a), by repealing "the Colony of ";
(b) in paragraph (c), by repealing "the Colony" wherever it appears and substituting "Hong Kong".
3. Section 11 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws".
Explanatory Memorandum
The purpose of this Bill is to adapt certain Ordinances and their subsidiary legislation to bring them into conformity with the Basic Law and with Hong Kong's status as a Special Administrative Region of the People's Republic of China (clause 3, Schedules 1 to 5).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Estate Agents Ordinance (Cap. 511) Schedule 4
Hong Kong Housing Society Incorporation Ordinance Schedule 5 (Cap. 1059)
Housing Ordinance (Cap. 283) Schedule 2
Landlord and Tenant (Consolidation) Ordinance (Cap. 7) Schedule 1
The Hong Kong Institute of Housing Ordinance (Cap. 507) Schedule 3
3. The Bill also provides that, subject to Article 12 of the Hong Kong Bill of Rights, most of the proposed adaptations when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region. Adaptations of provisions that come into operation after 1 July 1997 shall take effect as from the date when the relevant provisions come into operation (clause 2).
