Adaptation of Laws (No. 8) 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. 8) 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]

Forests and Countryside Ordinance 1. Section 18 of the Forests and Countryside Ordinance (Cap. 96) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

SCHEDULE 2 [s. 3]

Wild Animals Protection Ordinance

1. Section 16 of the Wild Animals Protection Ordinance (Cap. 170) is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 3 [s. 3]

Country Parks Ordinance and Its Subsidiary Legislation
Country Parks Ordinance

1. Section 4(a) of the Country Parks Ordinance (Cap. 208) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 5(2A), (3) and (4) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 7(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 8(1) is amended by repealing "Governor" and substituting "Chief Executive".

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

6. Section 13(1) to (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. Section 14 is amended---

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

(b) by repealing "Governor shall" and substituting "Chief Executive shall".

8. Section 15(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

9. Section 17 is amended---

(a) in subsection (8), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (9)---

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

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

(d) in subsection (11), by repealing "Governor or the Governor in Council" and substituting "Chief Executive or the Chief Executive in Council".

10. Section 18(2) is amended by repealing "Crown" and substituting "Government".

11. Section 19(1) is amended by repealing "Crown" and substituting "Government".

12. Section 21 is amended by repealing "立法局" and substituting "立法會".

13. Section 22 is amended by repealing "立法局" and substituting "立法會".

14. Section 24(1) is amended by repealing "Governor" and substituting "Chief Executive".

15. Section 25 is amended by repealing "Governor" and substituting "Chief Executive".

16. Section 26(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council". Country Parks and Special Areas Regulations

17. Regulation 8(2) of the Country Parks and Special Areas Regulations (Cap. 208 sub. leg.) is amended by repealing everything after "granted" and substituting "under the Land (Miscellaneous Provisions) Ordinance (Cap. 28) or a licence or lease issued by the Commissioner of Mines.".

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SCHEDULE 4 [s. 3]

Oil Pollution (Land Use and Requisition) Ordinance

1. Section 2 of the Oil Pollution (Land Use and Requisition) Ordinance (Cap. 247) is amended, in the definition of "specified purpose", by repealing "the Colony" and substituting "Hong Kong".

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

3. Section 4(1) to (3) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 10(1)(a) and (b) is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 5 [s. 3]

Ozone Layer Protection Ordinance

1. Section 2 of the Ozone Layer Protection Ordinance (Cap. 403) is amended, in the definition of "Advisory Council on the Environment", by repealing "Governor" and substituting "Chief Executive".

2. Section 16(3) is amended by repealing "立法局" and substituting "立法會".

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SCHEDULE 6 [s. 3]

Environment and Conservation Fund Ordinance

1. Section 7(2)(a) and (f) and (6) of the Environment and Conservation Fund Ordinance (Cap. 450) is amended by repealing "Governor" and substituting "Chief Executive".

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

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

(b) by repealing "立法局" and substituting "立法會".

SCHEDULE 7 [s. 3]

Sewage Services Ordinance

1. Section 4(1) of the Sewage Services Ordinance (Cap. 463) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

3. Section 13 is amended---

(a) in subsections (2) to (7), by repealing "立法局" wherever it appears and substituting "立法會";

(b) in subsection (6), by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 8 [s. 3]

Dumping at Sea Ordinance

1. Section 2 of the Dumping at Sea Ordinance (Cap. 466) is amended, in the definition of "Secretary", by repealing "(司長)" and substituting "(局長)".

2. Section 4 is amended---

(a) in subsections (2) and (3), by repealing "司長" and substituting "局長";

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

3. Section 11(1) and (2) is amended by repealing "司長" wherever it appears and substituting "局長".

4. Section 13(2) is amended by repealing "司長" and substituting "局長".

5. Section 14 is amended---

(a) in subsections (1) and (2), by repealing "司長" and substituting "局長";

(b) in subsections (1) to (5) and (7), by repealing "立法局" wherever it appears and substituting "立法會";

6. Section 24(10) is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 28(1) and (3) is amended by repealing "Governor" and substituting "Chief Executive".

8. Section 30(1) and (4) is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 9 [s. 3]

Marine Parks Ordinance

1. Section 4(a) of the Marine Parks Ordinance (Cap. 476) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 6(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

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

4. Section 13 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

5. Section 14(1) to (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

6. Section 15 is amended---

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

(b) by repealing "Governor shall" and substituting "Chief Executive shall".

7. Section 16 is amended---

(a) in subsections (1), (7) and (8), by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council";

(b) in subsection (8)(a) and (b), by repealing "Governor shall" and substituting "Chief Executive shall".

8. Section 17(1) is amended---

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

(b) by repealing "Governor may" and substituting "Chief Executive may".

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SCHEDULE 10 [s. 3]

Environmental Impact Assessment Ordinance

1. Section 14(3) and (4) of the Environmental Impact Assessment Ordinance (Cap. 499) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 16 is amended---

(a) in subsections (5) to (10), by repealing "立法局" wherever it appears and substituting "立法會";

(b) in subsection (9), by repealing "Governor" and substituting "Chief Executive".

3. Section 18(2), (3), (5) and (7) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 20(1) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 30(1) and (2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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---

Country Parks Ordinance (Cap. 208) Schedule 3

Dumping at Sea Ordinance (Cap. 466) Schedule 8

Environment and Conservation Fund Ordinance (Cap. 450) Schedule 6

Environmental Impact Assessment Ordinance (Cap. 499) Schedule 10

Forests and Countryside Ordinance (Cap. 96) Schedule 1

Marine Parks Ordinance (Cap. 476) Schedule 9

Oil Pollution (Land Use and Requisition) Ordinance (Cap. 247) Schedule 4

Ozone Layer Protection Ordinance (Cap. 403) Schedule 5

Sewage Services Ordinance (Cap. 463) Schedule 7

Wild Animals Protection Ordinance (Cap. 170) Schedule 2

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).