Adaptation of Laws (No. 11) 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. 11) 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]

Trade Marks Ordinance and Its Subsidiary Legislation

Trade Marks Ordinance

1. Section 2(1) of the Trade Marks Ordinance (Cap. 43) is amended---

(a) in the definition of "Registrar", by repealing "Governor" and substituting "Chief Executive";

(b) in the definition of "seal", by repealing everything after "Trade Marks Registry Hong Kong" and substituting a semicolon.

2. Section 13A is amended---

(a) in subsection (6)(a), by repealing "United Kingdom" and substituting "China";

(b) in subsection (7)---

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

(ii) in paragraph (a)(ii), by repealing "(other than the United Kingdom)" where it twice appears.

3. Section 17(1) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 37(2A)(a) and (b) is amended by repealing "or territory" and substituting ", territory or place".

5. Section 41A(4) is amended by repealing "or territory" and substituting ", territory or place".

6. Section 54(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. Section 84 is amended by repealing "or of any entry in or extract from the United Kingdom Register, purporting to be certified by the Comptroller-General of the United Kingdom Patent Office and sealed with the seal of the Patent Office,".

8. Section 85 is amended by repealing "or of the Comptroller-General of the United Kingdom Patent Office,".

9. The heading before section 86 is amended by repealing ", AND RESTRAINT OF USE OF ROYAL ARMS".

10. Section 87(2)(a) and (c) is amended by adding "or place" after "country" wherever it appears.

11. Section 88 is repealed.

12. Section 90(1) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

13. The following is added---

"93. Savings

The amendments made to this Ordinance by the Adaptation of Laws (No. 11) Ordinance 1999 ( of 1999) shall not affect the validity of, or the admissibility in evidence or evidentiary value of---

(a) any printed or written copy of an entry in or extract from the register, purporting to be certified by the Registrar and sealed with the seal used by the Registrar before 1 July 1997;

(b) any certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which he is authorized to make or do, issued by the Registrar before 1 July 1997;

(d) any printed or written copy of an entry in or extract from the United Kingdom Register of Trade Marks, purporting to be certified by the Comptroller-General of the United Kingdom Patent Office and sealed with the seal of the United Kingdom Patent Office before 1 July 1997; or

(e) any certificate purporting to be under the hand of the Comptroller-General of the United Kingdom Patent Office, as to any entry, matter or thing which he is authorized to make or do, issued by the Comptroller-General before 1 July 1997.".

14. The Schedule is amended---

(a) in the heading, by repealing "(excluding the United Kingdom)" and substituting "(excluding China)";

(b) by repealing "China";

Trade Marks Rules

15. Rule 3(1)(b) of the Trade Marks Rules (Cap. 43 sub. leg.) is repealed.

16. Rule 4 is repealed.

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SCHEDULE 2 [s. 3]

Director of Intellectual Property (Establishment) Ordinance

1. Section 3(1) of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412) is amended by repealing "Governor" and substituting "Chief Executive".

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

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SCHEDULE 3 [s. 3]

Layout-Design (Topography) of Integrated Circuits Ordinance

1. Section 2 of the Layout-design (Topography) of Integrated Circuits Ordinance (Cap. 445) is amended, in the definition of "qualifying country, territory or area", by repealing "Governor" and substituting "Chief Executive".

2. Section 18 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

3. Section 19(1) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 24(2) is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 4 [s. 3]

Patents Ordinance

1. Section 8 of the Patents Ordinance (Cap. 514) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 33(11) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

3. Section 39(6) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 68 is amended by repealing "Governor in Council" and "he" and substituting "Chief Executive in Council" in both places.

5. Section 69(1) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 126(6) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. Section 153 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 158(1) is amended---

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

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

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SCHEDULE 5 [s. 3]

Registered Designs Ordinance

1. Section 2(1) of the Registered Designs Ordinance (Cap. 522) is amended, in the definition of "corresponding design", by repealing "Part I of the Copyright, Designs and Patents Act 1988 (1988 c. 48 U.K.)" and substituting "Part II of the Copyright Ordinance (Cap. 528)".

2. Section 36 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

4. Section 83 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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SCHEDULE 6 [s. 3]

1. Section 9(3) of the Copyright Ordinance (Cap. 528) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

3. Section 17(8) is amended by repealing "立法局" and substituting "立法會".

4. Section 54(1) is amended by repealing "立法局" and substituting "立法會".

5. Section 56(4) and (5) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 58(2) is amended by repealing "立法局" and substituting "立法會".

7. Section 91(4)(d) and (7)(a) is amended by repealing "立法局" and substituting "立法會".

8. Section 94(1)(b) is amended by repealing "立法局" and substituting "立法會".

9. Section 115(2)(b) is amended by repealing "立法局" and substituting "立法會".

10. Section 126 is amended by repealing "總監" wherever it appears and substituting "關長".

11. Section 128 is amended by repealing "總監" wherever it appears and substituting "關長".

12. Section 129 is amended by repealing "總監" where it twice appears and substituting "關長".

13. Section 131 is amended---

(a) in subsections (2), (4), (5) and (6), by repealing "總監" wherever it appears and substituting
"關長";

(b) in subsection (7)---

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

(ii) by repealing "總監" and substituting "關長".

14. Section 132(i) is amended by repealing "Crown" and substituting "Government".

15. Section 133 is amended---

(a) in subsections (1), (2), (3), (5), (6), (8) and (9), by repealing "總監" wherever it appears and
substituting "關長";

(b) in subsections (11) and (12)(i), by repealing "Crown" and substituting "Government";

(i) in paragraph (a), by repealing "Crown" and substituting "Government";

(ii) by repealing "總監" and substituting "關長".

16. Section 136(2) and (3)(f) is amended by repealing "總監" and substituting "關長".

17. Section 137 is amended by repealing "總監" wherever it appears and substituting "關長".

18. Section 138 is amended by repealing "總監" wherever it appears and substituting "關長".

19. Section 139(1) and (6) is amended by repealing "總監" wherever it appears and substituting
"關長".

20. Section 140 is amended by repealing "總監" wherever it appears and substituting "關長".

21. Section 141 is amended by repealing "總監" wherever it appears and substituting "關長".

22. Section 142(1) is amended by repealing "總監" and substituting "關長".

23. Section 169(2) is amended by repealing "Governor" and substituting "Chief Executive".

24. Section 170(2), (3) and (4) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

25. Section 177(2) is amended by repealing "立法局" and substituting "立法會".

26. Section 180(1), (2) and (4) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".

27. The heading before section 182 is amended by repealing "立法局" and substituting "立法會".

28. Section 182(6) is amended by repealing "立法局" where it twice appears and substituting
"立法會".

29. Section 184 is amended by repealing "立法局" wherever it appears and substituting "立法會".

30. Section 185 is amended---

(a) in subsections (1) and (2), by repealing "立法局" and substituting "立法會";

(b) by repealing subsection (3) and substituting---

"(3) Copyright under this section subsists from the date of the first publication of a bill in the Gazette until---

(a) in the case of a bill which was published in the Gazette before
1 July 1997---

(i) the bill received assent; or

(ii) if the bill did not receive assent, the end of the period of 50 years from the end of the calendar year of the first publication; and

(b) in the case of a bill which is published in the Gazette on or after 1 July 1997---

(i) the bill is signed by the Chief Executive; or

(ii) if the bill is not signed by the Chief Executive, the end of the period of 50 years from the end of the calendar year of the first publication.";

31. Section 186 is amended by repealing "立法局" wherever it appears and substituting "立法會".

32. Section 188(2) and (4) is amended by repealing "Governor" and substituting "Chief Executive".

33. Section 190 is amended by repealing "總監" where it twice appears and substituting "關長".

34. Section 192(1)(c) is amended by repealing "立法局" and substituting "立法會".

35. Section 198 is amended by repealing the definition of "Commissioner" and substituting---

" "Commissioner" (關長) means the Commissioner of Customs and Excise and any Deputy or
Assistant Commissioner of Customs and Excise;".

36. Section 199 is amended---

(a) by repealing "立法局" and substituting "立法會";

(b) by repealing "總監" and substituting "關長".

37. Section 236(1), (2) and (5) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".

38. Section 238(1) is amended by repealing "總監" and substituting "關長".

39. Section 247(1) is amended by repealing "立法局" and substituting "立法會".

40. Section 263(2) and (3)(f) is amended by repealing "總監" and substituting "關長".

41. Section 264 is amended by repealing "總監" wherever it appears and substituting "關長".

42. Section 265 is amended by repealing "總監" wherever it appears and substituting "關長".

43. Section 266(1) and (6) is amended by repealing "總監" wherever it appears and substituting
"關長".

44. Section 267 is amended by repealing "總監" wherever it appears and substituting "關長".

45. Section 268 is amended by repealing "總監" wherever it appears and substituting "關長".

46. Section 269(1) is amended by repealing "總監" and substituting "關長".

47. Section 272 is amended by repealing "總監" where it twice appears and substituting "關長".

48. Section 276 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".

49. Section 278 is amended by repealing "總監" and substituting "關長".

50. Schedule 2 is amended---

(a) in paragraph 13(7), by repealing "立法局" and substituting "立法會";

(b) in paragraph 34(1), by repealing "立法局" and substituting "立法會";

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 6).

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

Director of Intellectual Property (Establishment) Schedule 2

Ordinance (Cap. 412)

Layout-design (Topography) of Integrated Circuits Schedule 3

Ordinance (Cap. 445)

Patents Ordinance (Cap. 514) Schedule 4

Registered Designs Ordinance (Cap. 522) Schedule 5

Trade Marks Ordinance (Cap. 43) Schedule 1

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).