Adaptation of Laws (No. 12) 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. 12) 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]

Money Changers Ordinance

1. Section 3(2) of the Money Changers Ordinance (Cap. 34) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 9 is amended by repealing "Governor" and substituting "Chief Exeutive".

SCHEDULE 2 [s. 3]

Weights and Measures Ordinance

1. Section 2 of the Weights and Measures Ordinance (Cap. 68) is amended, in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)".

2. Section 4 is amended by repealing "總監" and substituting "關長".

3. Section 5 is amended---

(a) in subsection (1)---

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

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

(b) in subsection (2)---

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

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

4. Section 25(4) and (5) is amended by repealing "總監" wherever it appears and substituting "關長".

5. Section 27(1), (2), (4) and (5) is amended by repealing "總監" wherever it appears and substituting "關長".

6. Section 28(2), (3) and (5) is amended by repealing "總監" wherever it appears and substituting "關長".

7. Section 29 is amended by repealing "總監" where it twice appears and substituting "關長".

8. Section 30 is amended by repealing "總監" wherever it appears and substituting "關長".

9. Section 31(1) and (2) is amended by repealing "總監" wherever it appears and substituting "關長".

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

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SCHEDULE 3 [s. 3]

Control of Exemption Clauses Ordinance

1. Section 2(1) of the Control of Exemption Clauses Ordinance (Cap. 71) is amended, in the definition of "business", by repealing "Governor" and substituting "Chief Executive".

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

3. Section 16 is amended---

(a) in subsections (1) and (2), by repealing "international supply contract" and substituting "exempted supply contract";

(b) in subsection (3)---

(i) by repealing "international supply contract" and substituting "exempted supply contract";

(ii) in paragraph (b), by repealing "the territories of different States" and substituting "different countries or territories";

(iii) in paragraph (c)---

(A) in subparagraph (i), by repealing "the territory of one State to the territory of another" and substituting "one country or territory to another country or territory";

(B) in subparagraph (ii), by repealing "the territories of different States" and substituting "different countries or territories";

(C) in subparagraph (iii), by repealing "the territory of a State other than that within whose territory" and substituting "a country or territory other than the country or territory where".

4. Section 17 is amended by repealing "some other country" where it twice appears and substituting "a jurisdiction other than Hong Kong".

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SCHEDULE 4 [s. 3]

Hong Kong Industrial Estates Corporation Ordinance

1. Section 2 of the Hong Kong Industrial Estates Corporation Ordinance (Cap. 209) is amended---

(a) (i) by renumbering it as section 2(1);

(ii) in subsection (1)---

(A) in the definition of "authorized officer", by adding "of the Corporation" after "Chief Executive";

(B) by repealing the definition of "Chief Executive" and substituting---

" "Chief Executive of the Corporation" (公司總裁) means the person appointed under section 27(1) to be the chief executive of the Corporation;";

(b) by adding---

"(2) A reference in this Ordinance to the Chief Executive of the Hong Kong Special Administrative Region shall be construed to include a person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law.".

2. Section 7 is amended---

(a) in subsection (1)---

(i) in paragraph (b), by adding "of the Corporation" after "Chief Executive";

(ii) in paragraph (c), by repealing "Governor" and substituting "Chief Executive of the Hong Kong Special Administrative Region";

(b) in subsection (3), by repealing "Governor for such term as the Governor thinks fit" and substituting "Chief Executive of the Hong Kong Special Administrative Region for such term as he thinks fit";

(c) in subsection (6), by repealing "Governor" wherever it appears and substituting "Chief Executive of the Hong Kong Special Administrative Region";

(d) in subsection (7), by repealing "at the pleasure of the Governor" and substituting "at the discretion of the Chief Executive of the Hong Kong Special Administrative Region";

(e) in subsection (8)---

(i) by adding "of the Corporation" after "Chief Executive";

(ii) by repealing "Governor" where it twice appears and substituting "Chief Executive of the Hong Kong Special Administrative Region";

(f) in subsection (9), by adding "of the Corporation" after "Chief Executive".

3. Section 14 is amended---

(a) in subsection (1), by adding "of the Corporation" after "Chief Executive";

(b) in subsection (4)---

(i) by repealing "delegation to the Chief Executive by the Corporation" and substituting "delegation by the Corporation to the Chief Executive of the Corporation";

(ii) by repealing "by the Chief Executive" and substituting "by the Chief Executive of the Corporation".

4. Section 18 is amended by repealing "立法局" and substituting "立法會".

5. Section 23 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

6. Section 25(1) is amended by repealing "Governor" and substituting "Chief Executive of the Hong Kong Special Administrative Region".

7. Section 26(2) is amended by repealing "立法局" and substituting "立法會".

8. Section 27 is amended---

(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive of the Hong Kong Special Administrative Region";

(b) in subsection (2)---

(i) by adding "of the Corporation" after "Chief Executive";

(ii) by repealing "Governor" and substituting "Chief Executive of the Hong Kong Special Administrative Region".

9. Section 31 is amended by repealing "Crown" where it twice appears and substituting "State".

10. Section 32 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive of the Hong Kong Special Administrative Region".

11. Section 33(1) is amended by repealing "Governor" and substituting "Chief Executive of the Hong Kong Special Administrative Region".

12. Section 36(2) is amended by repealing "立法局" and substituting "立法會".

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SCHEDULE 5 [s. 3]

Metrication Ordinance

1. Section 3(1) and (2) of the Metrication Ordinance (Cap. 214) is amended by repealing "Governor" and substituting "Chief Executive".

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

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SCHEDULE 6 [s. 3]

Reserved Commodities Ordinance and Its Subsidiary Legislation

Reserved Commodities Ordinance

1. Section 2(1) of the Reserved Commodities Ordinance (Cap. 296) is amended---

(a) in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)";

(b) in the definition of "獲授權人員", by repealing "總監" and substituting "關長".

2. Section 3(1) is amended---

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

(b) in paragraph (n)---

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

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

3. Section 4 is amended by repealing "總監" where it twice appears and substituting "關長".

4. Section 5 is amended---

(a) by repealing "Governor" where it twice appears and substituting "Chief Executive";

(b) by repealing "總監" where it twice appears and substituting "關長".

5. Section 10(2)(b) and (4) is amended by repealing "總監" and substituting "關長".

6. Section 13 is amended---

(a) by repealing "Governor" where it twice appears and substituting "Chief Executive";

(b) by repealing "總監" and substituting "關長". Reserved Commodities (Control of Imports, Exports and Reserve Stocks) Regulations

7. Regulation 7A(b) of the Reserved Commodities (Control of Imports, Exports and Reserve Stocks) Regulations (Cap. 296 sub. leg.) is amended by repealing "總監" and substituting "關長".

8. Regulation 9(2) is amended by repealing "總監" where it twice appears and substituting "關長".

9. Regulation 21 is amended by repealing "總監" where it twice appears and substituting "關長". Reserved Commodities (Control of Sales by Wholesale) Regulations

10. Regulation 12 of the Reserved Commodities (Control of Sales by Wholesale) Regulations (Cap. 296 sub. leg.) is amended by repealing "總監" where it twice appears and substituting "關長".

11. Regulation 16(4) is amended by repealing "總監" and substituting "關長".

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SCHEDULE 7 [s. 3]

Federation of Hong Kong Industries Ordinance

1. Section 6(e) and (ea) of the Federation of Hong Kong Industries Ordinance (Cap. 321) is amended by repealing "any other country" and substituting "elsewhere".

2. Section 34(1)(c), (4), (5) and (6) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

3. Section 35(3) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

4. Section 56 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws".

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SCHEDULE 8 [s. 3]

Protection of Non-Government Certificates of Origin Ordinance

1. Section 2 of the Protection of Non-Government Certificates of Origin Ordinance (Cap. 324) is amended---

(a) in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)";

(b) in the definition of "country of destination"---

(i) by adding "or territory" after "country" where it twice appears;

(ii) by repealing "(目的國)" and substituting "(目的國家或地區)";

2. Section 3 is amended---

(a) in subsection (1), by repealing "any other country" and substituting "elsewhere";

(b) in subsection (2)(d)(ii) and (iii), by adding "or territory" after "country".

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

4. Section 13 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws".

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SCHEDULE 9 [s. 3]

Trade Descriptions Ordinance and Its Subsidiary Legislation

Trade Descriptions Ordinance

1. The long title to the Trade Descriptions Ordinance (Cap. 362) is amended by repealing "to prohibit the unauthorized use of devices or emblems signifying an award by the Queen or the Governor;".

2. Section 2 is amended---

(a) in subsection (1)---

(i) in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)";

(ii) in the definition of "trade mark"---

(A) by repealing paragraph (b);

(B) in paragraph (c)(i) and (iii), by repealing "or a Convention country" and substituting ", in a Convention country or in China (other than in Hong Kong)";

(b) in subsection (2)(b), by repealing "總監" and substituting "關長".

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

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

5. Section 10 is repealed.

6. Section 13 is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 14 is amended by repealing "總監" where it twice appears and substituting "關長".

8. Section 16(1)(b) and (3) is amended by repealing "總監" and substituting "關長".

9. Section 16C is amended by repealing "總監" wherever it appears and substituting "關長".

10. Section 16D is amended by repealing "總監" and substituting "關長".

11. Section 18(1) is amended by repealing "10,".

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

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

14. Section 29 is amended by repealing "Crown" where it twice appears and substituting "Government".

15. Section 30 is amended---

(a) in subsections (2) and (3), by repealing "總監" and substituting "關長";

(b) in subsection (4)(a), by repealing "Crown" and substituting "Government";

16. Section 30B(2) and (3)(d) is amended by repealing "總監" and substituting "關長".

17. Section 30C(1), (4), (5), (6) and (7) is amended by repealing "總監" and substituting "關長".

18. Section 30D(1), (2), (3), (4), (5), (6), (7) and (9) is amended by repealing "總監" wherever it appears and substituting "關長".

19. Section 30E(1) and (6) is amended by repealing "總監" wherever it appears and substituting "關長".

20. Section 30F is amended by repealing "總監" wherever it appears and substituting "關長".

21. Section 30G is amended by repealing "總監" wherever it appears and substituting "關長".

22. Section 30H(1) is amended by repealing "總監" and substituting "關長".

23. Section 30I is amended by repealing "總監" where it twice appears and substituting "關長".

24. Section 33 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council". Trade Descriptions (Marking) (Gold and Gold Alloy) Order

25. The Second Schedule to the Trade Descriptions (Marking) (Gold and Gold Alloy) Order (Cap. 362 sub. leg.) is amended, in item 1, by repealing "any other territory" and substituting "elsewhere". Trade Descriptions (Definition of Platinum) Regulations

26. The Second Schedule to the Trade Descriptions (Definition of Platinum) Regulations (Cap. 362 sub. leg.) is amended, in item 1, by repealing "any other territory" and substituting "elsewhere". Trade Descriptions (Marking) (Platinum) Order

27. Schedule 2 to the Trade Descriptions (Marking) (Platinum) Order (Cap. 362 sub. leg.) is amended, in item 1, by repealing "any other territory" and substituting "elsewhere". Trade Mark (Border Measures) Rules

28. Rule 6(5) of the Trade Mark (Border Measures) Rules (Cap. 362 sub. leg.) is amended by repealing "總監" and substituting "關長".

29. Rule 7(2) is amended by repealing "總監" and substituting "關長".

30. Rule 8(2)(a) is amended by repealing "總監" and substituting "關長".

31. Rule 10 is amended by repealing "總監" and substituting "關長".

32. Rule 13(1) is amended by repealing "總監" where it twice appears and substituting "關長".

33. Rule 14 is amended by repealing "總監" where it twice appears and substituting "關長".

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SCHEDULE 10 [s. 3]

Toys and Children's Products Safety Ordinance

1. Section 2 of the Toys and Children's Products Safety Ordinance (Cap. 424) is amended---

(a) in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)";

(b) in the definition of "獲授權人員", by repealing "總監" and substituting "關長".

2. Section 9(3) is amended by repealing "總監" and substituting "關長".

3. Section 10(1) is amended by repealing "總監" and substituting "關長".

4. Section 11(1) is amended by repealing "總監" where it twice appears and substituting "關長".

5. Section 12(1) is amended by repealing "總監" where it twice appears and substituting "關長".

6. Section 13 is amended by repealing "總監" wherever it appears and substituting "關長".

7. Section 14 is amended by repealing "總監" wherever it appears and substituting "關長".

8. Section 16 is amended---

(a) in subsection (1), by repealing "總監" and substituting "關長";

(b) in subsection (3), by repealing "立法局" and substituting "立法會".

9. Section 17(2) and (3) is amended by repealing "總監" and substituting "關長".

10. Section 18(2), (3) and (4) is amended by repealing "總監" wherever it appears and substituting "關長".

11. Section 19 is amended by repealing "總監" and substituting "關長".

12. Section 21(1)(b) and (3) is amended by repealing "總監" and substituting "關長".

13. Section 22(1) and (2) is amended by repealing "總監" wherever it appears and substituting "關長".

14. Section 24 is amended by repealing "總監" wherever it appears and substituting "關長".

15. Section 28 is amended by repealing "總監" wherever it appears and substituting "關長".

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SCHEDULE 11 [s. 3]

Hong Kong Industrial Technology Centre Corporation Ordinance

1. Section 12(1) of the Hong Kong Industrial Technology Centre Corporation Ordinance (Cap. 431) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 13 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

3. Section 20(5) is amended by repealing "立法局" and substituting "立法會".

4. Section 21(3)(b) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 22 is amended by repealing "Crown" where it twice appears and substituting "State".

6. The Schedule is amended---

(a) in section 1---

(i) in subsection (1)(a), by repealing "Governor" where it twice appears and substituting "Chief Executive";

(ii) in subsection (2)(b), by repealing "at the will and pleasure of the Governor" and substituting "at the discretion of the Chief Executive";

(iii) in subsection (3)(a), by repealing "Governor" and substituting "Chief Executive";

(iv) in subsection (4)---

(A) by repealing "Governor" wherever it appears and substituting "Chief Executive";

(B) by repealing "Governor's" and substituting "Chief Executive's";

(v) in subsection (6), by repealing "Governor" and substituting "Chief Executive";

(b) in section 2(1), (2) and (3), by repealing "Governor" wherever it appears and substituting "Chief Executive".

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SCHEDULE 12 [s. 3]

Consumer Goods Safety Ordinance

1. Section 2 of the Consumer Goods Safety Ordinance (Cap. 456) is amended---

(a) in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)";

(b) in the definition of "獲授權人員", by repealing "總監" and substituting "關長".

2. Section 7 is amended by repealing "總監" and substituting "關長".

3. Section 8 is amended by repealing "總監" wherever it appears and substituting "關長".

4. Section 9 is amended by repealing "總監" where it twice appears and substituting "關長".

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

6. Section 12(2) is amended by repealing "總監" and substituting "關長".

7. Section 13 is amended by repealing "總監" wherever it appears and substituting "關長".

8. Section 15 is amended---

(a) in subsection (1), by repealing "總監" and substituting "關長";

(b) in subsection (3), by repealing "立法局" and substituting "立法會".

9. Section 16(3) and (4) is amended by repealing "總監" and substituting "關長".

10. Section 17(2), (3) and (4) is amended by repealing "總監" wherever it appears and substituting "關長".

11. Section 18 is amended by repealing "總監" and substituting "關長".

12. Section 20(1)(b) and (3) is amended by repealing "總監" and substituting "關長".

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

14. Section 22(4) is amended by repealing "總監" and substituting "關長".

15. Section 31(2), (3), (4) and (5) is amended by repealing "總監" wherever it appears and substituting "關長".

16. Section 33 is amended by repealing "總監" wherever it appears and substituting "關長".

SCHEDULE 13 [s. 3]

Supply of Services (Implied Terms) Ordinance

1. Section 2 of the Supply of Services (Implied Terms) Ordinance (Cap. 457) is amended, in the definition of "business", in paragraph (c), by repealing "Governor" and substituting "Chief Executive".

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

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SCHEDULE 14 [s. 3]

Unconscionable Contracts Ordinance

1. Section 2(1) of the Unconscionable Contracts Ordinance (Cap. 458) is amended, in the definition of "business", in paragraph (c), by repealing "Governor" and substituting "Chief Executive".

2. Section 7 is amended by repealing "some other country" where it twice appears and substituting "a jurisdiction other than Hong Kong".

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SCHEDULE 15 [s. 3]

Weapons of Mass Destruction (Control of Provision of Services) Ordinance

1. Section 2(1) of the Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Cap. 526) is amended---

(a) in the definition of "Commissioner", by repealing "(總監)" and substituting "(關長)";

(b) in the definition of "獲授權人員", by repealing "總監" and substituting "關長".

2. Section 3 is amended by repealing "總監" and substituting "關長".

3. Section 6(2) is amended by repealing "總監" where it twice appears and substituting "關長".

4. Section 7(4) is amended by repealing "總監" where it twice appears and substituting "關長".

5. Section 12(1) is amended by repealing "總監" and substituting "關長".

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SCHEDULE 16 [s. 3]

Hong Kong Productivity Council Ordinance

1. Section 4(1)(c) of the Hong Kong Productivity Council Ordinance (Cap. 1116) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 5(1)(c), (1B), (1C), (1D) and (2) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

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

4. Section 6 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Section 9 is amended---

(a) in subsections (1) and (2), by repealing "Governor" wherever it appears and substituting "Chief Executive";

(b) in subsection (3)---

(i) in paragraph (a), by repealing "during the pleasure of the Governor" and substituting "at the discretion of the Chief Executive";

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

6. Section 16(1) and (4) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

7. Section 19 is amended---

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

(b) in subsection (2)---

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

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

8. Section 22 is amended by repealing "Governor" and substituting "Chief Executive".

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 16).

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

Consumer Goods Safety Ordinance (Cap. 456) Schedule 12

Control of Exemption Clauses Ordinance (Cap. 71) Schedule 3

Federation of Hong Kong Industries Ordinance (Cap. 321) Schedule 7

Hong Kong Industrial Estates Corporation Ordinance Schedule 4
(Cap. 209)

Hong Kong Industrial Technology Centre Corporation Schedule 11
Ordinance (Cap. 431)

Hong Kong Productivity Council Ordinance (Cap. 1116) Schedule 16

Metrication Ordinance (Cap. 214) Schedule 5

Money Changers Ordinance (Cap. 34) Schedule 1

Protection of Non-Government Certificates of Origin Schedule 8

Ordinance (Cap. 324)

Reserved Commodities Ordinance (Cap. 296) Schedule 6

Supply of Services (Implied Terms) Ordinance (Cap. 457) Schedule 13

Toys and Children's Products Safety Ordinance (Cap. 424) Schedule 10

Trade Descriptions Ordinance (Cap. 362) Schedule 9

Unconscionable Contracts Ordinance (Cap. 458) Schedule 14

Weapons of Mass Destruction (Control of Provision of Schedule 15
Services) Ordinance (Cap. 526)

Weights and Measures Ordinance (Cap. 68) 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).