Holidays (Amendment) Bill 1998
Amend the Holidays Ordinance.
Enacted by the Legislative Council.
1. Short title and application
(1) This Ordinance may be cited as the Holidays (Amendment) Ordinance 1998.
(2) The amendment in section 4 applies in relation to 1999 and all subsequent years.
2. Short title amended
Section 1 of the Holidays Ordinance (Cap. 149) is amended by repealing "Holidays Ordinance" and substituting "General Holidays Ordinance".
3. Additional or substituted general holidays
and amendment of Schedule
Section 6 is amended---
(a) in subsection (1)(b)(iii) by repealing "public holiday" and substituting "general holiday";
(b) by repealing subsection (2) and substituting---
"(2) Subject to subsection (3), if in any year two general holidays fall on the same day, the next following day that is not itself a general holiday is to be observed as an additional general holiday in that year.
(3) The Chief Executive in Council may, by order in the Gazette, appoint any day in any year to be observed as an additional general holiday in place of another day that would otherwise be an additional general holiday in that year under subsection (2).".
4. Schedule substituted
The Schedule is repealed and the following substituted---
"SCHEDULE [ss. 3 & 6]
General Holidays
(a) every Sunday;
(b) the first day of January (or if that day is a Sunday, then the following day);
(c) Lunar New Year's Day (or if that day is a Sunday, then the day preceding Lunar New Year's Day);
(d) the second day of Lunar New Year (or if that day is a Sunday, then the day preceding Lunar New Year's Day);
(e) the third day of Lunar New Year (or if that day is a Sunday, then the day preceding Lunar New Year's Day);
(f) Ching Ming Festival (or if that day is a Sunday, then the following day);
(g) Good Friday;
v
(h) the day following Good Friday;
(i) Easter Monday;
(j) Labour Day, being the first day of May (or if that day is a Sunday, then the following day);
(k) the Birthday of the Buddha, being the eighth day of the fourth lunar month (or if that day is a Sunday, then the following day);
(l) Tuen Ng Festival (or if that day is a Sunday, then the following day);
(m) Hong Kong Special Administrative Region Establishment Day, being the first day of July (or if that day is a Sunday, then the following day);
(n) National Day, being the first day of October (or if that day is a Sunday, then the following day);
(o) the day following the Chinese Mid-Autumn Festival (or if that day is a Sunday, then the day of that Festival) or such other day as the Chief Executive in Council may, by order in the Gazette, appoint in place of that day;
(p) Chung Yeung Festival (or if that day is a Sunday, then the following day) or such other day as the Chief Executive in Council may, by order in the Gazette, appoint in place of that day;
(q) Christmas Day (or if that day is a Sunday, then the second weekday after Christmas Day);
(r) the first weekday after Christmas Day.".
5. Consequential amendments
(1) Section 39(1) of the Employment Ordinance (Cap. 57) is amended---
(a) in paragraph (da) by adding "Labour Day, being" before "the first";
(b) in paragraph (e) by repealing ", Dragon Boat";
(c) in paragraph (j) by adding "Hong Kong Special Administrative Region Establishment Day, being" before "the first";
(d) in paragraph (k) by adding "National Day, being" before "the first".
(2) The enactments set out in column 2 of the Schedule (other than item 7) are amended by repealing "Holidays Ordinance" and substituting "General Holidays Ordinance" in the provisions specified opposite to them in column 3.
(3) The enactment set out in column 2 of item 7 of the Schedule is amended by repealing "Holidays Ordinance" and substituting "General Holidays Ordinance" in the provision specified opposite to it in column 3.
SCHEDULE [s. 5(2) & (3)]
Consequential Amendments
Item Enactment Provision
1. Interpretation and General Clauses Section 3 (definitions of "general holiday" and
Ordinance (Cap. 1) "public holiday").
2. Rules of the High Court (Cap. 4 Order 3, rule 2(5) and Order 64, rule 7(1)(e).
sub. leg.)
3. Bankruptcy Ordinance (Cap. 6) Section 122(2).
4. Evidence Ordinance (Cap. 8) Section 30.
5. Bills of Exchange Ordinance (Cap. 19) Sections 2 (definition of "general holiday") and 51(4).
6. Births and Deaths Registration Section 14(1).
Ordinance (Cap. 174)
7. Births and Deaths Registration Second Schedule, back of Form 18.
Ordinance (Cap. 174)
8. Defences (Firing Areas) Ordinance Section 4(8).
(Cap. 196)
9. Criminal Procedure Ordinance Section 65D(9).
(Cap. 221)
10. Merchant Shipping (Fees) Regulations Regulation 2 (definition of "office hours").
(Cap. 281 sub. leg.)
11. District Court Ordinance (Cap. 336) Section 75A(9).
12. Merchant Shipping (Registration) Regulation 2 (definition of "office hours").
(Fees and Charges) Regulations
(Cap. 415 sub. leg.)
13. Merchant Shipping (Seafarers) (Fees) Section 2 (definition of "office hours").
Regulation (Cap. 478 sub. leg.)
14. Holidays (1997 and 1998) Ordinance Sections 2(2) and (3) and 3(1) and (2).
(Cap. 534)
15. Coroners Rules (Cap. 504 sub. leg.) Rule 9(1).
16. Hong Kong Court of Final Appeal Rule 63(1)(e).
Rules (Cap. 484 sub. leg.)
Explanatory Memorandum
This Bill amends the Holidays Ordinance (Cap. 149)---
(a) to change its short title to "General Holidays Ordinance" so as to clarify the scope of that Ordinance;
(b) to fix as an additional general holiday the day following two general holidays that fall on the same day unless the Chief Executive in Council appoints another day in substitution;
(c) to provide for a new Schedule of general holidays for 1999 onwards.
