Adaptation of Laws (No. 4) 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. 4) Ordinance 1999.

2. Commencement

(1) This Ordinance, other than section 8 of Schedule 1, 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) Section 8 of Schedule 1 shall come into operation at the beginning of the day on which this Ordinance is published in the Gazette.

3. Amendment of Ordinances

The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.

SCHEDULE 1 [ss. 2 & 3]

Waterworks Ordinance and its

Subsidiary Legislation

Waterworks Ordinance

1. Section 6 of the Waterworks Ordinance (Cap. 102) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

2. Section 21(1) is amended by repealing "Crown" and substituting "Government".

3. Section 24(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

4. Section 25(1) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 26(1) and (2) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

6. Section 27 is amended by repealing "立法局" and substituting "立法會".

7. Section 37(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Waterworks Regulations

8. Regulation 33(1) of the Waterworks Regulations (Cap. 102 sub. leg.) is amended---

(a) in paragraph (a), by repealing everything after "1987" and substituting "; or";

(b) by repealing paragraph (b).

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SCHEDULE 2 [s. 3]

Public Lighting Ordinance

1. The long title to the Public Lighting Ordinance (Cap. 105) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 3 [s. 3]

Sand Ordinance

1. Section 3(1) of the Sand Ordinance (Cap. 147) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

2. Section 5 is amended by repealing "the Colony" and substituting "Hong Kong".

SCHEDULE 4 [ss. 2 & 3]

Mining Ordinance and its

Subsidiary Legislation

Mining Ordinance

1. Section 2 of the Mining Ordinance (Cap. 285) is amended, in the definition of "mineral", in paragraph (iii), by repealing "Governor" and substituting "Chief Executive in Council".

2. Section 3 is amended by repealing "the Colony" and substituting "Hong Kong".

3. Section 4 is amended by repealing "the Colony" and substituting "Hong Kong".

4. Section 7(1) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

5. Section 11 is amended---

(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive in Council";

(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".

6. Section 12(1) is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 17 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 20(4) is amended, in the proviso, by repealing "Governor" and substituting "Chief Executive".

9. Section 24(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Section 31 is amended---

(a) in subsection (3), by repealing "Governor in Council" and substituting "Chief Executive in Council";

(b) in subsection (4)---

(i) by repealing "Governor in Council" and substituting "Chief Executive in Council";

(ii) by repealing "行政局秘書" and substituting "行政會議秘書";

11. Section 32 is amended---

(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (2), by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive";

12. Section 34 is amended by repealing "Governor" and substituting "Chief Executive in Council".

13. Section 38 is amended by repealing "the Colony" and substituting "Hong Kong".

14. Section 42 is amended by repealing "Governor" and substituting "Chief Executive".

15. Section 43 is amended---

(a) in paragraph (b), by repealing "Governor" and substituting "Chief Executive";

(b) in paragraph (c), by repealing "Crown" and substituting "Government".

16. Section 51(d) is amended by repealing "by the Governor".

17. Section 59 is amended---

(a) in subsection (1)---

(i) by repealing "to the Crown" and substituting "to the Government";

(ii) by repealing everything after "property of the" and substituting "Government.";

(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive".

18. Section 61 is amended by repealing "Governor" and substituting "Chief Executive".

19. Section 62 is amended by repealing "Crown" and substituting "Government".

20. Section 65 is amended---

(a) in subsection (1)---

(i) by repealing "Governor in Council" and substituting "Chief Executive in Council";

(ii) by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive".

21. Section 67(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Mining (General) Regulations

22. Regulation 22A of the Mining (General) Regulations (Cap. 285 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive in Council".

23. Regulation 28(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

24. Regulation 29 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

25. Regulation 34(2)(g) is amended by repealing "the Colony" and substituting "Hong Kong".

26. Regulation 35 is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

27. The First Schedule is amended---

(a) in Form IV---

(i) in paragraph 4(a), by repealing "官地" and substituting "政府土地";

(ii) in Note (4), by repealing " "官地" (Crown land)" and substituting " "政府土地" (Government
land)";

(iii) in Note (5), by repealing "官方" and substituting "政府";

(b) in Form V, in paragraph 2, in the proviso, by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 5 [s. 3]

Architects Registration Ordinance

1. Section 2 of the Architects Registration Ordinance (Cap. 408) is amended by repealing the
definition of "上訴庭".

2. Section 4(2) and (3) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 5(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive".

4. Section 13(2)(a) is amended by repealing "外地" and substituting "香港以外地方".

5. Section 17(2) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 20(3) is amended by repealing "上訴法院" and substituting "上訴法庭".

7. Section 21(1)(f) is amended by repealing "外地" and substituting "香港以外地方".

8. Section 24(3) is amended---

(a) by repealing "Supreme Court" and substituting "High Court";

(b) in paragraph (b), by repealing "地方法院" and substituting "區域法院".

9. Section 27(2) is amended by repealing "上訴法院" and substituting "上訴法庭".

10. Section 29 is amended---

(a) in subsections (1) to (5), by repealing "上訴法院" wherever it appears and substituting
"上訴法庭";

(b) in subsection (6), by repealing "Supreme Court" and substituting "High Court";

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SCHEDULE 6 [s. 3]

Engineers Registration Ordinance

1. Section 2 of the Engineers Registration Ordinance (Cap. 409) is amended by repealing the
definition of "上訴庭".

2. Section 3(2) and (3) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 4(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive".

4. Section 12(2)(a) is amended by repealing "外地" and substituting "香港以外地方".

5. Section 16(2) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 19(3) is amended by repealing "上訴法院" and substituting "上訴法庭".

7. Section 20(1)(g) is amended by repealing "外地" and substituting "香港以外地方".

8. Section 23(3) is amended---

(a) by repealing "Supreme Court" and substituting "High Court";

(b) in paragraph (b), by repealing "地方法院" and substituting "區域法院".

9. Section 26(2) is amended by repealing "上訴法院" and substituting "上訴法庭".

10. Section 28 is amended---

(a) in subsections (1) to (5), by repealing "上訴法院" wherever it appears and substituting
"上訴法庭";

(b) in subsection (6), by repealing "Supreme Court" and substituting "High Court";

SCHEDULE 7 [s. 3]

Surveyors Registration Ordinance

1. Section 3(2) of the Surveyors Registration Ordinance (Cap. 417) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 4(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive".

3. Section 12(2)(a) is amended by repealing "外地" and substituting "香港以外地方".

4. Section 16(2) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 19(3) is amended by repealing "上訴法院" and substituting "上訴法庭".

6. Section 20(1)(g) is amended by repealing "外地" and substituting "香港以外地方".

7. Section 23(3) is amended---

(a) by repealing "Supreme Court" and substituting "High Court";

(b) in paragraph (b), by repealing "地方法院" and substituting "區域法院".

8. Section 26(2) is amended by repealing "上訴法院" and substituting "上訴法庭".

9. Section 28 is amended---

(a) in subsections (1) to (5), by repealing "上訴法院" wherever it appears and substituting
"上訴法庭";

(b) in subsection (6), by repealing "Supreme Court" and substituting "High Court";

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SCHEDULE 8 [s. 3]

Planners Registration Ordinance

1. Section 3(2) of the Planners Registration Ordinance (Cap. 418) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 4(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive".

3. Section 12(2)(a) is amended by repealing "外地" and substituting "香港以外地方".

4. Section 16(2) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 19(3) is amended by repealing "上訴法院" and substituting "上訴法庭".

6. Section 20(1)(f) is amended by repealing "外地" and substituting "香港以外地方".

7. Section 23(3) is amended---

(a) by repealing "Supreme Court" and substituting "High Court";

(b) in paragraph (b), by repealing "地方法院" and substituting "區域法院".

8. Section 26(2) is amended by repealing "上訴法院" and substituting "上訴法庭".

9. Section 28 is amended---

(a) in subsections (1) to (5), by repealing "上訴法院" wherever it appears and substituting
"上訴法庭";

(b) in subsection (6), by repealing "Supreme Court" and substituting "High Court";

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SCHEDULE 9 [s. 3]

Builders' Lifts and Tower Working

Platforms (Safety) Ordinance

1. Section 33(3) of the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap. 470)
is amended by repealing "立法局" and substituting "立法會".

2. Section 38(5) is amended by repealing "立法局" and substituting "立法會".

3. Section 50(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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SCHEDULE 10 [s. 3]

Landscape Architects Registration Ordinance

1. Section 3(2) and (3) of the Landscape Architects Registration Ordinance (Cap. 516) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 4(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "Governor's pleasure" and substituting "discretion of the Chief Executive".

3. Section 12(2)(a) is amended by repealing "外地" and substituting "香港以外地方".

4. Section 16(2) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 19(3) is amended by repealing "上訴法院" and substituting "上訴法庭".

6. Section 20(1)(f) is amended by repealing "外地" and substituting "香港以外地方".

7. Section 23(3) is amended---

(a) by repealing "Supreme Court" and substituting "High Court";

(b) in paragraph (b), by repealing "地方法院" and substituting "區域法院".

8. Section 26(2) is amended by repealing "上訴法院" and substituting "上訴法庭".

9. Section 28 is amended---

(a) in subsections (1) to (5), by repealing "上訴法院" wherever it appears and substituting
"上訴法庭";

(b) in subsection (6), by repealing "Supreme Court" and substituting "High Court";

10. Section 29(3) is amended by repealing "an overseas body or institute of landscape architects" and substituting "any body or institute of landscape architects formed outside Hong Kong".

11. Section 30(2) is amended by repealing "an overseas body or institute of landscape architects" and substituting "any body or institute of landscape architects formed outside Hong Kong".

12. Section 32 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 11 [s. 3]

The Hong Kong Institution of

Engineers Ordinance

1. Section 12 of The Hong Kong Institution of Engineers Ordinance (Cap. 1105) 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 Hong Kong Institute of Architects

Incorporation Ordinance

1. Section 12 of The Hong Kong Institute of Architects Incorporation Ordinance (Cap. 1147) 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 13 [s. 3]

The Hong Kong Institute of

Surveyors Ordinance

1. Section 12 of The Hong Kong Institute of Surveyors Ordinance (Cap. 1148) 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 14 [s. 3]

The Hong Kong Institute of Planners

Incorporation Ordinance

1. Section 12 of The Hong Kong Institute of Planners Incorporation Ordinance (Cap. 1153) 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 15 [s. 3]

The Hong Kong Institute of Landscape

Architects Incorporation Ordinance

1. Section 12 of The Hong Kong Institute of Landscape Architects Incorporation Ordinance (Cap. 1162) 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 15).

2. The Ordinances adapted and their respective Schedule numbers under the Bill are---

Architects Registration Ordinance (Cap. 408) Schedule 5

Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Cap. 470) Schedule 9

Engineers Registration Ordinance (Cap. 409) Schedule 6

Landscape Architects Registration Ordinance (Cap. 516) Schedule 10

Mining Ordinance (Cap. 285) Schedule 4

Planners Registration Ordinance (Cap. 418) Schedule 8

Public Lighting Ordinance (Cap. 105) Schedule 2

Sand Ordinance (Cap. 147) Schedule 3

Surveyors Registration Ordinance (Cap. 417) Schedule 7

The Hong Kong Institute of Architects Incorporation Ordinance (Cap. 1147) Schedule 12

The Hong Kong Institute of Landscape Architects Incorporation Ordinance (Cap. 1162) Schedule 15

The Hong Kong Institute of Planners Incorporation Schedule 14
Ordinance (Cap. 1153)

The Hong Kong Institute of Surveyors Ordinance (Cap. 1148) Schedule 13

The Hong Kong Institution of Engineers Ordinance (Cap. 1105) Schedule 11

Waterworks Ordinance (Cap. 102) Schedule 1

3. The Bill also provides that the adaptations (except those adaptations subject to clause 2(3)) when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2(1)).