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Adaptation of Laws (No. 2) 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. 2) Ordinance 1999.
2. Commencement
(1) This Ordinance 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. Amendment of Ordinances
The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.
SCHEDULE 1 [s. 3]
Hong Kong Examinations Authority Ordinance
1. Section 3(5)(a), (6) and (7) of the Hong Kong Examinations Authority Ordinance (Cap. 261) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 7(2)(b) and (c) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 8 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 10(1), (2), (4) and (5) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
5. Section 11 is amended---
(a) in subsection (2), by repealing "Governor" where it twice appears 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".
6. Section 13 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
7. Section 14 is amended by repealing "Crown" where it twice appears and substituting "State".
8. Section 15(2)(c) is amended by repealing "皇家香港警察隊" and substituting "香港警務處".
9. Schedule 2 is amended in paragraphs (a)(v), (b) and (c) by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 2 [s. 3]
Post Secondary Colleges Ordinance and Its Subsidiary Legislation
Post Secondary Colleges Ordinance
1. Section 4(j) of the Post Secondary Colleges Ordinance (Cap. 320) is amended by repealing "foreign government, foreign organization or" and substituting "government other than the Government of the Hong Kong Special Administrative Region or any organization outside Hong Kong or any".
2. Section 6(4), (5) and (6) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
3. Section 8(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 12(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
Post Secondary Colleges Regulations
5. Regulation 7 of the Post Secondary Colleges Regulations (Cap. 320 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 3 [s. 3]
Lingnan College Ordinance
1. Section 4 of the Lingnan College Ordinance (Cap. 422) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 7 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
3. Section 9(1)(a), (b), (c), (d) and (f), (2), (5) and (6) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
4. Section 13(1)(a), (c), (d) and (e), (7) and (8) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
5. Section 21 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
6. Section 22(3) is amended by repealing "Governor" and substituting "Chief Executive".
7. Section 24 is amended---
(a) in subsection (1), by repealing "Governor" where it twice appears 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 25 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 4 [s. 3]
The Hong Kong Institute of Education Ordinance
1. Section 5 of The Hong Kong Institute of Education Ordinance (Cap. 444) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
2. Section 6(2) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 8 is amended---
(a) in subsection (1)(c), by repealing "Governor" and substituting "Chief
Executive";
(b) in subsection (3), by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive".
4. Section 9(3)(e) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 16(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
6. Section 17(2) is amended by repealing "Governor" and substituting "Chief Executive".
7. Section 20(3) is amended by repealing "立法局" wherever it appears and substituting "立法會".
8. Section 24 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 5 [s. 3]
University of Hong Kong Ordinance
1. Section 3 of the University of Hong Kong Ordinance (Cap. 1053) is repealed.
2. Section 5(1)(a) is amended by repealing ", and if made according to English law to be".
3. Section 12(3) is amended---
(a) by repealing "Governor" where it first and secondly appears and substituting "Chief Executive";
(b) by repealing "Acting Governor or the Governor's Deputy" and substituting "person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law".
4. Section 16 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".
5. Statute XV of the Statutes of the University of Hong Kong in the Schedule is amended, in paragraph 1(d)(i), by repealing "立法局" and substituting "立法會".
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SCHEDULE 6 [s. 3]
The Hong Kong Polytechnic University Ordinance
1. Section 3A of The Hong Kong Polytechnic University Ordinance (Cap. 1075) is amended---
(a) in subsection (2)---
(i) by repealing "Governor" where it first appears and substituting "Chief Executive";
(ii) by repealing "Acting Governor or the Deputy to the Governor" and substituting "person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law";
(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive".
2. Section 10(1)(d) and (e), (2), (3), (4) and (5) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 13 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
4. Section 19 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".
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SCHEDULE 7 [s. 3]
St. John's College Ordinance
1. Section 3 of the St. John's College Ordinance (Cap. 1089) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 11 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
3. Section 13 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 8 [s. 3]
The Chinese University of Hong Kong Ordinance
1. Section 5(3) of The Chinese University of Hong Kong Ordinance (Cap. 1109) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 18 is amended by repealing "Crown" where it twice appears and substituting "Government".
3. Section 22(4) 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".
4. Statute 11 of the Statutes of The Chinese University of Hong Kong in Schedule 1 is amended, in paragraph 1(l), by repealing "立法局" and substituting "立法會".
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SCHEDULE 9 [s. 3]
Hong Kong Baptist University Ordinance
1. Section 4(1) of the Hong Kong Baptist University Ordinance (Cap. 1126) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 15(1)(a), (b), (c), (d) and (e), (2)(a) and (3) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
3. Section 31 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".
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SCHEDULE 10 [s. 3]
City University of Hong Kong Ordinance
1. Section 4(2) of the City University of Hong Kong Ordinance (Cap. 1132) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 10 is amended---
(a) in subsections (1)(e), (f)(ii) and (iii), (g) and (h) and (2)(a), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3)---
(i) in paragraph (a), by repealing "during the pleasure of the Governor" and substituting "at the discretion of the Chief Executive";
(ii) in paragraphs (b) and (c), by repealing "Governor" and substituting "Chief Executive".
SCHEDULE 11 [s. 3]
The Hong Kong University of Science and Technology Ordinance
and Related Ordinance
The Hong Kong University of Science and Technology Ordinance
1. Section 6(2) of The Hong Kong University of Science and Technology Ordinance (Cap. 1141) is amended---
(a) by repealing "Governor" where it first and secondly appears and substituting "Chief Executive";
(b) by repealing "Acting Governor or the Governor's Deputy" and substituting "person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law".
2. Section 9 is amended---
(a) in subsection (1)(e), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3)(a), by repealing "during the pleasure of the Governor" and substituting "at the discretion of the Chief Executive".
The Hong Kong University of Science and Technology
(Amendment) Ordinance 1995
3. Section 9 of The Hong Kong University of Science and Technology (Amendment) Ordinance 1995 (27 of 1995) 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".
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SCHEDULE 12 [s. 3]
The Open University of Hong Kong Ordinance
1. Section 6(2) of The Open University of Hong Kong Ordinance (Cap. 1145) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 8 is amended---
(a) in subsections (1)(d) and (f) and (2), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in subsection (3), by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive";
(c) in subsection (4)(a) and (b), by repealing "Governor" and substituting "Chief Executive".
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 12).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Hong Kong Examinations Authority Ordinance (Cap. 261) Schedule 1
Post Secondary Colleges Ordinance (Cap. 320) Schedule 2
Lingnan College Ordinance (Cap. 422) Schedule 3
The Hong Kong Institute of Education Ordinance (Cap. 444) Schedule 4
University of Hong Kong Ordinance (Cap. 1053) Schedule 5
The Hong Kong Polytechnic University Ordinance (Cap. 1075) Schedule 6
St. John's College Ordinance (Cap. 1089) Schedule 7
The Chinese University of Hong Kong Ordinance (Cap. 1109) Schedule 8
Hong Kong Baptist University Ordinance (Cap. 1126) Schedule 9
City University of Hong Kong Ordinance (Cap. 1132) Schedule 10
The Hong Kong University of Science and Technology Ordinance (Cap. 1141)
Schedule 11
The Open University of Hong Kong Ordinance (Cap. 1145) Schedule 12
3. The Bill also provides that the adaptations when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2).
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