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Adaptation of Laws (No. 5) 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. 5) 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]
Land Registration Ordinance and Its Subsidiary Legislation
Land Registration Ordinance
1. Section 27(1) of the Land Registration Ordinance (Cap. 128) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
2. Section 30 is amended by adding---
'(1B) The First Schedule has been amended by the Adaptation of Laws (Courts and Tribunals) Ordinance (25 of 1998) and the Adaptation of Laws (No. 5) Ordinance 1999 ( of 1999) 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.'.
3. The First Schedule is amended, in sections 2(1), 6, 7(b) and 13(2)(b), by repealing 'the Colony' and substituting 'Hong Kong'.
Land Registration Regulations
4. Regulation 7(e) of the Land Registration Regulations (Cap. 128 sub. leg.) is amended by repealing '首席大法官' and substituting '終審法院首席法官'.
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SCHEDULE 2 [s. 3]
Aliens (Rights of Property) Ordinance
1. The long title to the Aliens (Rights of Property) Ordinance (Cap. 185) is amended by repealing 'the Colony' and substituting 'Hong Kong'.
2. The preamble is repealed.
3. Section 2 is amended---
(a) by repealing 'the Colony' where it twice appears and substituting 'Hong Kong';
(b) by repealing 'Commonwealth citizen' and substituting 'Chinese citizen'.
4. Section 3 is amended by repealing 'Commonwealth citizen' and substituting 'Chinese citizen'.
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SCHEDULE 3 [s. 3]
Conveyancing and Property Ordinance
1. Section 12(1) of the Conveyancing and Property Ordinance (Cap. 219) is amended by repealing 'Crown' and substituting 'Government'.
2. Section 15(e) is amended, in the definition of 'Government', by repealing 'Hong Kong' and substituting 'the Hong Kong Special Administrative Region'.
3. Section 64 is amended by repealing '立法局' and substituting '立法會'.
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SCHEDULE 4 [s. 3]
Land Transactions (Enemy Occupation) Ordinance
1. Section 9(1) of the Land Transactions (Enemy Occupation) Ordinance (Cap. 256) is amended by repealing '立法局' and substituting '立法會'.
2. Section 10 is amended by repealing 'the Colony' and substituting 'Hong Kong'.
SCHEDULE 5 [s. 3]
Hong Kong Airport (Control of Obstructions) Ordinance
1. Section 2(1) of the Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301) is amended, in the definition of 'owner', by repealing 'the Colony' and substituting 'Hong Kong'.
2. Section 3 is amended---
(a) in subsection (1), by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(b) in subsections (2) and (3), by repealing '行政局秘書' and substituting '行政會議秘書'.
3. Section 8(1) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
4. Section 9 is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
5. Section 10(3) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
6. Section 16(6) is amended by repealing 'Crown' and substituting 'Government'.
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SCHEDULE 6 [s. 3]
Lifts and Escalators (Safety) Ordinance
1. Section 3(1A)(a) of the Lifts and Escalators (Safety) Ordinance (Cap. 327) is repealed and the following substituted---
'(a) belonging to the Government or the Central People's Government or over which either Government has control and management;'.
2. Section 46(1) is amended by repealing 'a government of any member of the Commonwealth' and substituting 'the Central People's Government'.
3. Section 49(1) and (5) is amended by repealing 'Governor' and substituting 'Chief Executive'.
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SCHEDULE 7 [s. 3]
Demolished Buildings (Re-development of Sites) Ordinance
1. Section 12(3) of the Demolished Buildings (Re-development of Sites) Ordinance (Cap. 337) is amended---
(a) by repealing 'Law of Property Act 1925 (1925 c. 20 U.K.)' and substituting 'Conveyancing and Property Ordinance (Cap. 219)';
(b) by repealing 'England to a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases, and of appointing a receiver, and the provisions of the said Act' and substituting 'Hong Kong to a mortgagee under a legal charge or equitable mortgage by deed, and the provisions of the said Ordinance'.
SCHEDULE 8 [s. 3]
Electricity Networks (Statutory Easements) Ordinance
1. Section 3 of the Electricity Networks (Statutory Easements) Ordinance (Cap. 357) is amended by repealing 'Governor in Council' where it twice appears and substituting 'Chief Executive in Council'.
2. Section 7 is amended---
(a) in subsection (1), by repealing 'Governor' and substituting 'Chief Executive';
(b) in subsection (2), by repealing 'Governor' and substituting 'Chief Executive'.
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SCHEDULE 9 [s. 3]
Sewage Tunnels (Statutory Easements) Ordinance
1. Section 2 of the Sewage Tunnels (Statutory Easements) Ordinance (Cap. 438) is amended, in the definition of 'Secretary', by repealing '(地政司)' and substituting '(局長)'.
2. Section 3 is amended by repealing '地政司' and substituting '局長'.
3. Section 4(1) is amended by repealing '地政司' and substituting '局長'.
4. Section 6(1) and (2) is amended by repealing '地政司' and substituting '局長'.
5. Section 7 is amended by repealing 'Governor in Council' wherever it appears and substituting 'Chief Executive in Council'.
6. Section 9 is amended by repealing '地政司' and substituting '局長'.
7. Section 11 is amended---
(a) in subsection (1)---
(i) by repealing 'Governor' and substituting 'Chief Executive';
(ii) by repealing '地政司' and substituting '局長';
(b) in subsection (2), by repealing '地政司' and substituting '局長';
(c) in subsection (4)---
(i) by repealing 'Governor' and substituting 'Chief Executive';
(ii) by repealing '地政司' and substituting '局長';
(d) in subsection (5), by repealing '地政司' and substituting '局長'.
8. Section 12 is amended---
(a) in subsection (1), by repealing 'Crown' and substituting 'Government';
(b) in subsection (8)---
(i) in paragraph (a), by repealing 'Crown' and substituting 'Government';
(ii) in paragraph (b), by repealing '官方' and substituting '政府';
(c) in subsection (13), by repealing 'Crown' and substituting 'Government'.
9. Section 13(4) is amended by repealing 'Crown' and substituting 'Government'.
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SCHEDULE 10 [s. 3]
Land Drainage Ordinance
1. Section 2 of the Land Drainage Ordinance (Cap. 446) is amended---
(a) in the definition of 'approved plan', by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(b) in the definition of 'Secretary', by repealing '(地政司)' and substituting '(局長)'.
2. Section 3(1) is amended by repealing '地政司' and substituting '局長'.
3. Section 6(1)(c) is amended---
(a) by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(b) by repealing '地政司' and substituting '局長'.
4. Section 8(12)(b) is amended by repealing '地政司' and substituting '局長'.
5. Section 9 is amended by repealing '地政司' wherever it appears and substituting '局長'.
6. Section 10 is amended---
(a) by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(b) by repealing '地政司' where it twice appears and substituting '局長'.
7. Section 11 is amended---
(a) in subsection (1)---
(i) by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(ii) in paragraph (c), by repealing '地政司' and substituting '局長';
(b) in subsection (2), by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(c) in subsection (3), by repealing '地政司' and substituting '局長'.
8. Section 12 is amended by repealing '地政司' and substituting '局長'.
9. Section 13(1) is amended---
(a) by repealing 'Governor in Council' where it twice appears and substituting 'Chief Executive in Council';
(b) by repealing '地政司' and substituting '局長'.
10. Section 14(1) and (3) is amended by repealing '地政司' wherever it appears and substituting '局長'.
11. Section 15 is amended by repealing '地政司' and substituting '局長'.
12. Section 17(1) is amended---
(a) by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(b) in paragraph (b), by repealing '地政司' and substituting '局長'.
13. Section 29(1), (2), (3), (4) and (6) is amended by repealing 'Governor' and substituting 'Chief Executive'.
14. Section 30 is amended---
(a) in subsections (6) and (7), by repealing 'Governor' and substituting 'Chief Executive';
(b) in subsection (9), by repealing 'Crown' and substituting 'Government'.
15. Section 34 is amended by repealing 'Crown' and substituting 'Government'.
16. Section 35 is amended by repealing 'Crown' and substituting 'Government'.
17. Section 36(1) is amended by repealing 'Crown' and substituting 'Government'.
18. Section 37 is amended---
(a) in subsections (1) and (2), by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(b) in subsection (3)---
(i) by repealing 'Governor in Council' and substituting 'Chief Executive in Council';
(ii) by repealing '地政司' where it twice appears and substituting '局長';
(c) in subsection (5)(b), by repealing '官方' and substituting '政府';
(d) in subsection (7)---
(i) by repealing '地政司' and substituting '局長';
(ii) by repealing '官方' and substituting '政府'.
19. Section 38(4) is amended by repealing 'Crown' and substituting 'Government'.
20. Section 43(b) is amended by repealing 'Crown' and substituting 'Government'.
21. Section 47 is amended by repealing '地政司' and substituting '局長'.
22. Section 49(1) is amended by repealing 'Crown' and substituting 'Government'.
23. The Schedule is amended, in Part I, in section 10, by repealing 'Crown' and substituting 'Government'.
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 10).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Aliens (Rights of Property) Ordinance (Cap. 185) Schedule 2
Conveyancing and Property Ordinance (Cap. 219) Schedule 3
Demolished Buildings (Re-development of Sites) Schedule 7
Ordinance (Cap. 337)
Electricity Networks (Statutory Easements) Schedule 8
Ordinance (Cap. 357)
Hong Kong Airport (Control of Obstructions) Schedule 5
Ordinance (Cap. 301)
Land Drainage Ordinance (Cap. 446) Schedule 10
Land Registration Ordinance (Cap. 128) Schedule 1
Land Transactions (Enemy Occupation) Ordinance Schedule 4
(Cap. 256)
Lifts and Escalators (Safety) Ordinance (Cap. 327) Schedule 6
Sewage Tunnels (Statutory Easements) Ordinance Schedule 9
(Cap. 438)
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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