Adaptation of Laws (No. 2) Ordinance 1998

Adaptation of Laws (No. 2) Bill 1998

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. 2) Ordinance 1998.

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]

Dangerous Drugs Ordinance

1. Section 2(1) of the Dangerous Drugs Ordinance (Cap. 134) is amended---

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

(b) in the definition of "Conventions", by repealing paragraphs (a) to (d);

(c) in the definition of "medicinal opium", by repealing "in accordance with the requirements of the British Pharmacopoeia".

2. Section 20(2) and (3) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 33(3), (4)(b), (5), (7), (8) and (9) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 38F(2) and (4) is amended by repealing "Crown" and substituting "Government".

5. Section 38K(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

7. Section 51(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 55 is amended by repealing "Crown" and substituting "Government".

9. Section 56 is amended---

(a) in subsections (1), (2) and (4), by repealing "Crown" and substituting "Government";

(b) in subsection (4), by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Section 58 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

SCHEDULE 2 [s. 3]

Societies Ordinance

1. Section 2(3) of the Societies Ordinance (Cap. 151) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

3. Section 6 is amended---

(a) in subsection (2), by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council";

(b) in subsection (4), by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 8(7) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

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

6. Section 25(3) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

7. Section 26A(1) is amended by repealing "Governor" and substituting "Chief Executive".

8. Section 26B(1), (2), (3) and (4) is amended by repealing "Governor" and substituting "Chief Executive".

9. Section 26N is amended---

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

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

10. Section 41(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

11. The Schedule is amended by repealing paragraph (5) and substituting---

"(5) Any company or association constituted pursuant to or under any Ordinance or other legislation applicable to Hong Kong.

(5A) Any company or association which was, immediately before the commencement of the Adaptation of Laws (No. ) Ordinance 1998 ( of 1998), a company or association constituted under Royal Charter, Royal Letters Patent or any Imperial Act and was, immediately before that commencement, a local society.".

SCHEDULE 3 [s. 3] Crimes Ordinance and its Subsidiary Legislation

Crimes Ordinance

1. Section 20(1)(b) of the Crimes Ordinance (Cap. 200) is amended by repealing "British ship" and substituting "Hong Kong ship".

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

3. Section 23C is amended---

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

(b) in subsection (2)(c), by repealing "British ship" and substituting "Hong Kong ship";

4. Section 41 is repealed.

5. Section 84 is amended by repealing "Act or".

6. Section 85(1)(a) is amended by repealing "Act or".

7. Section 88(a) is amended by repealing "the Colony" and substituting "Hong Kong".

8. Section 145A(2) is amended by repealing "上訴法庭" and substituting "審理上訴的法院".

9. Section 153(2) is amended by repealing "Crown" and substituting "Government".

10. Section 153G is amended---

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

(b) in subsection (2)---

(i) by repealing "Governor" where it first and secondly appears and substituting "Chief Executive";

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

11. Section 153H(3) is amended by repealing "上訴法庭" where it twice appears and substituting "審理上訴的法院".

Suppression of Piracy Regulations

12. Regulation 4 of the Suppression of Piracy Regulations (Cap. 200 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".

13. Regulation 5 is amended by repealing "the Colony" and substituting "Hong Kong".

14. Regulation 7 is amended by repealing "the Colony" and substituting "Hong Kong".

15. Regulation 10 is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

16. Regulation 11 is amended by repealing "the Colony" and substituting "Hong Kong".

17. Regulation 13 is amended by repealing "the Colony" and substituting "Hong Kong".

Protected Coins (Designation) Order

18. The Schedule to the Protected Coins (Designation) Order (Cap. 200 sub. leg.) is amended, in the heading to column 1, by repealing "Country" and substituting "Country or territory".

SCHEDULE 4 [s. 3]

Offences Against the Person Ordinance and its Subsidiary Legislation

Offences against the Person Ordinance

1. Section 5 of the Offences against the Person Ordinance (Cap. 212) is amended---

(a) by repealing "the Colony" where it twice appears and substituting "Hong Kong";

(b) by repealing "whether he is a subject of Her Majesty or not and whether he is within Her Majesty's dominions or not" where it twice appears and substituting "whatever his nationality or citizenship and wherever he may be".

2. Section 6 is repealed.

3. Section 9 is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

4. Section 44(2) is amended by repealing "the Colony" and substituting "Hong Kong".

5. Section 47A is amended---

(a) in subsection (3), by repealing "Crown" and substituting "Government";

(b) in subsection (5), by repealing "Governor in Council" and substituting "Chief Executive in Council".

Termination of Pregnancy Regulations

6. The Schedule to the Termination of Pregnancy Regulations (Cap. 212 sub. leg.) is amended, in Form 3, by repealing "Crown" and substituting "Government".

SCHEDULE 5 [s. 3]

Weapons Ordinance

1. Section 3(b)(iii) of the Weapons Ordinance (Cap. 217) is amended by repealing "皇家香港警隊" and substituting "香港警務處".

2. Section 13(2) is amended by repealing "Crown" and substituting "Government".

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

SCHEDULE 6 [s. 3]

Summary Offences Ordinance

1. Section 2(1) of the Summary Offences Ordinance (Cap. 228) is amended, in the definition of "public officer," or "public department,", by repealing "Governor" where it twice appears and substituting "Chief Executive".

2. Section 4(25) is amended by repealing "licence of Her Majesty signified in writing by the Governor" and substituting "licence of the Government signified in writing by the Chief Executive".

3. Section 21(2) is amended---

(a) by repealing "or for the British Mercantile Marine";

(b) by repealing "皇家香港警察隊" and substituting "香港警務處";

4. Section 24 is amended by repealing "皇家".

5. Section 37 is amended by repealing "Governor in Council" and substituting

"Chief Executive in Council".

SCHEDULE 7 [s. 3]

Firearms and Ammunition Ordinance and its Subsidiary Legislation

Firearms and Ammunition Ordinance

1. Section 2(1) of the Firearms and Ammunition Ordinance (Cap. 238) is amended, in the definitions of "ammunition" and "arms", by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 3(b)(iii) is amended by repealing "皇家香港警隊" and substituting "香港警務處".

3. Section 4(1) is amended by repealing "Governor" and substituting "Chief Executive or Chief Executive in Council (as the case may be)".

4. Section 4(2) is repealed and substituted by---

"(2) Exemption may be granted by notice in the Gazette---

(a) by the Chief Executive for any person; or

(b) by the Chief Executive in Council for any class or description of persons,

from the prohibition in section 13 either generally or to such limited extent as he may specify, and the Chief Executive or the Chief Executive in Council (as the case may be) may at any time by notice in the Gazette vary or revoke the exemption.".

5. Section 5(2) is amended by repealing the definition of "specified vessel" and substituting---

" "specified vessel" (指明船隻) means---

(a) any vessel regularly employed in trading or going within river trade limits (as defined in the Shipping and Port Control Ordinance (Cap. 313));

(b) any vessel employed in sea fishing;

(d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hong Kong;

(e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation;

(f) any other vessel which the Chief Executive may declare by notice in the Gazette to be a specified vessel or any description of vessel which the Chief Executive in Council may so declare to be a specified vessel, whether the vessel is provided with a certificate of registry or a certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap. 415), or with any document granted in a place outside Hong Kong and similar or equivalent in effect to any such certificate.".

6. Section 44(2) is amended by repealing "Crown" and substituting "Government".

7. Section 45(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 46(5) is amended by repealing "Crown" and substituting "Government".

9. Section 52(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Section 54 is amended by repealing "立法局" and substituting "立法會". Firearms and Ammunition Regulations

11. The First Schedule to the Firearms and Ammunition Regulations (Cap. 238 sub. leg.) is amended in Forms 4, 5 and 7 by repealing "Royal Hong Kong Police" and substituting "Hong Kong Police Force". Firearms and Ammunition (Storage Fees)(Exemption) Declaration

12. The Schedule to the Firearms and Ammunition (Storage Fees) (Exemption) Declaration (Cap. 238 sub. leg.) is amended---

(a) in paragraph 1, by repealing "Royal Hong Kong Police Force Shooting Club" and substituting "Hong Kong Police Shooting Club";

(b) in paragraph 2, by repealing "Royal Hong Kong Auxiliary Police Rifle and Revolver Club" and substituting "Hong Kong Auxiliary Police Shooting Club";

SCHEDULE 8 [s. 3]

Public Order Ordinance and its Subsidiary Legislation

Public Order Ordinance

1. Section 2(1) of the Public Order Ordinance (Cap. 245) is amended, in the definition of "designated public area", by repealing "Governor" and substituting "Chief Executive in Council".

2. Section 10 is amended by repealing "Governor" and substituting "Chief Executive in Council".

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

4. Section 31 is amended---

(a) in subsections (1), (3)(a) and (c) and (4), by repealing "Governor" and substituting "Chief Executive in Council";

(b) in subsection (6) (j), by repealing "Crown" and substituting "Government";

5. Section 34(1) is amended by repealing "Governor" and substituting "Chief Executive in Council".

6. Section 35(1) and (4) is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 36(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive in Council".

8. Section 37(2)(b) is amended by repealing "Governor" and substituting "Chief Executive in Council".

9. Section 39(4)(c) is amended by repealing "Governor" and substituting "Chief Executive in Council".

10. Section 40 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

11. Section 43(2), (3) and (6) is amended by repealing "Governor" and substituting "Chief Executive".

12. Section 50(2)(b) is amended by repealing "Governor" and substituting "Chief Executive".

13. Section 51(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

Public Order (Movement of Craft) Order

14. The Schedule to the Public Order (Movement of Craft) Order (Cap. 245 sub. leg.) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

SCHEDULE 9 [s. 3]

Administration of Justice (Felonies and Misdemeanours) Ordinance

1. Section 4 of and Schedule 4 to the Administration of Justice (Felonies and Misdemeanours) Ordinance (Cap. 328) are repealed.

SCHEDULE 10 [s. 3]

Complex Commercial Crimes Ordinance

1. Section 27 of the Complex Commercial Crimes Ordinance (Cap. 394) is amended by repealing "立法局" and substituting "立法會".

SCHEDULE 11 [s. 3]

Crimes (Torture) Ordinance

1. Section 8 of the Crimes (Torture) Ordinance (Cap. 427) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

SCHEDULE 12 [s. 3]

Organized and Serious Crimes Ordinance

1. Section 2(16)(d) of the Organized and Serious Crimes Ordinance (Cap. 455) is amended by repealing "Her Majesty's pardon in respect of his conviction" and substituting "the Chief Executive's pardon in respect of the conviction".

2. Section 3(19) is amended by repealing "立法局" where it twice appears and substituting "立法會".

3. Section 28 is amended---

(a) in subsection (10), by repealing "Crown" and substituting "Government";

(b) in subsection (11)(b), by repealing "Governor" and substituting "Chief Executive";

4. Section 31 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".

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

Administration of Justice (Felonies and Misdemeanours)Schedule 9 Ordinance (Cap. 328)

Complex Commercial Crimes Ordinance (Cap. 394) Schedule 10

Crimes Ordinance (Cap. 200) (Part III to XIII) Schedule 3

Crimes (Torture) Ordinance (Cap. 427) Schedule 11

Dangerous Drugs Ordinance (Cap. 134) Schedule 1

Firearms and Ammunition Ordinance (Cap. 238) Schedule 7

Offences against the Person Ordinance (Cap. 212) Schedule 4

Organized and Serious Crimes Ordinance (Cap. 455)Schedule 12

Public Order Ordinance (Cap. 245) Schedule 8

Societies Ordinance (Cap. 151) Schedule 2

Summary Offences Ordinance (Cap. 228) Schedule 6

Weapons Ordinance (Cap. 217) Schedule 5

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).