Adaptation of Laws (No. 13) 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. 13) 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]

Sale of Goods Ordinance

1. Section 2(1) of the Sale of Goods Ordinance (Cap. 26) is amended in the definition of "business" by repealing "Governor" and substituting "Chief Executive".

2. Section 24(1) is amended by repealing "the Colony" and substituting "Hong Kong".

SCHEDULE 2 [s. 3]

Import and Export Ordinance and Its

Subsidiary Legislation

Import and Export Ordinance

1. Section 2 of the Import and Export Ordinance (Cap. 60) is amended---

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

(b) in the definitions of "指明團體所提供的服務" and "獲授權人員" by repealing "總監" wherever it appears and substituting "關長".

2. Section 2B is amended by repealing "總監" where it twice appears and substituting "關長".

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

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

5. 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".

6. Section 6 is amended---

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

(b) in subsections (1) and (2) by repealing "總監" and substituting "關長".

7. Section 6B is amended---

(a) in subsections (2), (3), (4) and (5) by repealing "立法局" wherever it appears and substituting "立法會";

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

(d) in subsection (8) by repealing "(立法局" and substituting "(立法會".

8. Section 6E is amended---

(a) in subsection (5)---

(i) in paragraph (e) by repealing everything after "between" and substituting---

"---

(i) a terminal in Hong Kong and a place in Macau; or

(ii) a terminal in Hong Kong and another place in China;";

(ii) in paragraph (k) by repealing "總監" and substituting "關長";

(b) in subsection (6) by repealing "總監" and substituting "關長".

9. Section 6F is amended---

(a) in subsections (2), (3), (4) and (5) by repealing "立法局" wherever it appears and substituting "立法會";

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

(d) in subsection (8) by repealing "(立法局" and substituting "(立法會".

10. Section 7(1)(b) is amended by repealing "總監" and substituting "關長".

11. Section 12(1), (2), (3), (4) and (5) is amended by repealing "總監" wherever it appears and substituting "關長".

12. Section 13 is amended---

(a) in subsections (1) and (2) by repealing "總監" and substituting "關長";

(b) in subsection (3)---

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

(ii) by repealing "總監" where it twice appears and substituting "關長";

(d) in subsection (6)---

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

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

13. Section 14(2)(a) is amended by repealing "總監" and substituting "關長".

14. Section 14A(6)(a) is amended by repealing "總監" and substituting "關長".

15. Section 17 is amended by repealing "總監" where it twice appears and substituting "關長".

16. Section 19(1) is amended by repealing "總監" where it twice appears and substituting "關長".

17. Section 20(1)(e) and (3) is amended by repealing "總監" wherever it appears and substituting "關長".

18. Section 20B(4)(b) is amended by repealing "總監" and substituting "關長".

19. Section 21(4) is amended by repealing "總監" where it twice appears and substituting "關長".

20. Section 27 is amended---

(a) in subsections (2), (3), (3B), (4)(b), (5), (5A) and (5D) by repealing "總監" wherever it appears and substituting "關長";

(b) in subsection (6)---

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

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

21. Section 28 is amended---

(a) in subsections (1), (2), (2A), (3A)(b) and (4)(c) by repealing "總監" and substituting "關長";

(b) in subsections (6) and (7)(i) by repealing "Crown" and substituting "Government";

22. Section 29 is amended---

(a) in subsection (1) by repealing "總監" where it twice appears and substituting "關長";

(b) in subsection (2)---

(i) by repealing "Crown" where it twice appears and substituting "Government";

(ii) in paragraph (b) by repealing "總監" and substituting "關長";

23. Section 29A is amended---

(a) in subsections (1) and (2)(b) by repealing "總監" wherever it appears and substituting "關長";

(b) in subsection (3)---

(i) by repealing "Crown" where it twice appears and substituting "Government";

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

24. Section 29B is amended by repealing "總監" wherever it appears and substituting "關長".

25. Section 30 is amended---

(a) in subsection (1)---

(i) in paragraph (a) by repealing "Crown" where it twice appears and substituting "Government";

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

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

(b) in subsection (2) by repealing "Governor" where it twice appears and substituting "Chief Executive".

26. Section 31 is amended---

(a) in subsection (1)---

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

(ii) in paragraphs (ia), (ja) and (u) by repealing "總監" wherever it appears and substituting "關長";

(iii) in paragraph (w)---

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

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

(iv) in paragraphs (x), (ab) and (ac) by repealing "總監" and substituting "關長";

(v) in paragraph (ae) by repealing "Crown" and substituting "Government";

(b) in subsection (4) by repealing "立法局" and substituting "立法會".

27. Section 32 is amended by repealing "立法局" and substituting "立法會".

28. Section 33A(1)(b) is amended by repealing "總監" and substituting "關長".

29. Section 39(1) is amended by repealing "Governor" and substituting "Chief Executive".

30. Section 40 is amended by repealing "總監" and substituting "關長".

31. Section 41(3) is amended by repealing "Crown" and substituting "Government". Export (Prescribed Articles) Regulations

32. Regulation 4 of the Export (Prescribed Articles) Regulations (Cap. 60 sub. leg.) is amended by repealing everything after "between" and substituting---

"---

(a) a terminal in Hong Kong and a place in Macau; or

(b) a terminal in Hong Kong and another place in China.".

Import and Export (Registration) Regulations

33. Regulation 2 of the Import and Export (Registration) Regulations (Cap. 60 sub. leg.) is amended---

(a) in the definition of "A.T.A. Carnet" in paragraph (b) by repealing "so long as the United Kingdom adheres to it" and substituting "so long as it applies to Hong Kong";

(b) in the definition of "進出口貨品分類表" by repealing "總監" and substituting "關長";

""international route" (國際航線) means a route between Hong Kong and a place in another country;

"regional route" (區域航線) means a route between Hong Kong and another place in China;".

34. Regulation 3 is amended---

(a) in paragraphs (f) and (h)(ii), (iia), (iii), (iv), (vii) and (viii) by repealing "總監" and substituting "關長";

(b) in paragraphs (l) and (m) by adding "or regional" after "international" where it twice appears;

35. Regulation 4(1), (3A), (5) and (7) is amended by repealing "總監" wherever it appears and substituting "關長".

36. Regulation 5(1), (3A), (5) and (7) is amended by repealing "總監" wherever it appears and substituting "關長".

37. Regulation 6(a) and (c) is amended by repealing "總監" and substituting "關長".

38. Regulation 7 is amended---

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

(b) in paragraph (2)---

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

(ii) in subparagraph (b) by repealing "總監" and substituting "關長";

39. Regulation 8 is amended---

(a) in paragraphs (2)(a), (2A) and (2B) by repealing "總監" wherever it appears and substituting "關長";

(b) in paragraph (3) by adding "or regional" after "international" wherever it appears.

40. Regulation 9(1) and (2) is amended by repealing "總監" where it twice appears and substituting "關長".

41. Regulation 10 is amended---

(a) in paragraph (1)---

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

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

(iii) by repealing "總監" where it twice appears and substituting "關長";

(b) in paragraph (2) by repealing "總監" where it twice appears and substituting "關長";

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

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

(d) in paragraphs (2C) and (2D) by repealing "總監" where it twice appears and substituting "關長";

(e) in paragraph (3)---

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

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

(f) in paragraphs (4) and (5)---

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

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

42. Regulation 11(1)(b) and (c) and (5) is amended by repealing "總監" wherever it appears and substituting "關長".

43. Regulation 12(1)(b) and (c) and (4) is amended by repealing "總監" wherever it appears and substituting "關長".

44. Regulation 13A(1) is amended by repealing "總監" and substituting "關長".

45. Regulation 14 is amended by repealing "總監" where it twice appears and substituting "關長".

Export (Certificates of Origin) Regulations

46. Regulation 2 of the Export (Certificates of Origin) Regulations (Cap. 60 sub. leg.) is amended---

(a) by repealing the definition of "Commonwealth or Hong Kong content";

(b) in the definition of "country of destination", by adding "or territory" after "country" where it twice appears.

47. Regulation 6(2)(d)(ii) and (iii) is amended by adding "or territory" after "country".

48. Regulation 12(1)(a) is amended by repealing ", quality or Commonwealth or Hong Kong content specified in such certificate" and substituting "or quality specified in the certificate".

Import and Export (Carriage of Articles) Regulations

49. Regulation 4(1), (2)(e), (3) and (4) of the Import and Export (Carriage of Articles) Regulations (Cap. 60 sub. leg.) is amended by repealing "總監" wherever it appears and substituting "關長".

50. Regulation 5(1) and (2) is amended by repealing "總監" and substituting "關長".

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SCHEDULE 3 [s. 3]

Consumer Council Ordinance

1. Section 4 of the Consumer Council Ordinance (Cap. 216) is amended---

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

(b) in subsection (2) by repealing "Governor" and substituting "Chief Executive".

2. Section 5(2)(g) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 6(1), (3), (4) and (6) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

4. Section 10 is amended---

(a) in subsection (1) by repealing "hold the office of Chief Executive" and substituting "hold office as its chief executive";

(b) in subsection (4)---

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

(ii) in paragraphs (b) and (c) by repealing "the Chief Executive" and substituting "its chief executive";

5. Section 12(1) is amended---

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

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

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

7. Section 16(5) is amended---

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

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

8. Section 17 is amended by repealing "Crown" where it twice appears and substituting "State".

9. Section 18(1) is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 4 [s. 3]

Travel Agents Ordinance

1. The long title to the Travel Agents Ordinance (Cap. 218) is amended by repealing "往外地" and substituting "往香港以外地方".

2. Section 5 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

3. Section 7(2), (3) and (4) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

4. Section 8(a) and (b) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Section 29(10)(a) and (b) is amended by repealing "法院" and substituting "法庭".

6. Section 32B(2)(a) and (3) is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 50(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Schedule 2 is amended---

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

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

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SCHEDULE 5 [s. 3]

Protection of Trading Interests Ordinance

1. The long title to the Protection of Trading Interests Ordinance (Cap. 471) is amended by repealing "countries" and substituting "places".

2. Section 2(1) and (2) is repealed.

3. Section 3 is amended---

(a) in subsection (1)---

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

(ii) in paragraph (a) by repealing "overseas country" and substituting "place outside Hong Kong";

(iii) in paragraph (b) by repealing "country" and substituting "place";

(b) in subsections (2), (3) and (5) by repealing "Governor" wherever it appears and substituting "Chief Executive".

4. Section 4 is amended---

(a) in subsection (1)---

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

(ii) in paragraph (a)---

(A) by repealing "an overseas country" and substituting "a place outside Hong Kong";

(B) by repealing "that country" and substituting "that place";

(b) in subsection (2)(b) by repealing "overseas country" and substituting "place concerned";

(d) in subsection (6)(b)(i) by repealing "an overseas country" and substituting "a place outside Hong Kong".

5. Section 6 is amended---

(a) in subsection (1) by repealing "an overseas country" and substituting "a place outside Hong Kong";

(b) in subsection (2) by repealing "Governor" and substituting "Chief Executive".

6. Section 7 is amended---

(a) in subsection (2) by repealing "an overseas country" and substituting "a place outside Hong Kong";

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

7. Section 8 is amended---

(a) in subsection (1) by repealing "an overseas country" and substituting "a place outside Hong Kong";

(b) in subsection (3)(a) by repealing "overseas country" and substituting "place concerned";

(i) by repealing "overseas country" and substituting "place concerned";

(ii) by repealing "that country" and substituting "that place";

(d) in subsection (7)(a) by repealing "an overseas country" and substituting "a place outside Hong Kong".

8. Section 9(1) is amended---

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

(b) by repealing "an overseas country" and substituting "a place outside Hong Kong";

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SCHEDULE 6 [s. 3]

Hong Kong Trade Development Council Ordinance

1. Section 4(a) of the Hong Kong Trade Development Council Ordinance (Cap. 1114) is amended by repealing "overseas trade" and substituting "trade with places outside Hong Kong".

2. Section 5(1) is amended---

(a) in paragraph (b) by repealing "Hong Kong and overseas" and substituting "and outside Hong Kong";

(b) in paragraph (e)---

(i) by repealing "Hong Kong and overseas" and substituting "and outside Hong Kong";

(ii) by repealing "Hong Kong or overseas" and substituting "or outside Hong Kong".

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" and substituting "Chief Executive".

5. Section 8 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

6. Section 11(1), (2), (3), (4) and (6) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

7. Section 19 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

8. Section 21 is amended---

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

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

9. Section 22(1), (3), (4) and (5) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

10. Section 25 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".

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SCHEDULE 7 [s. 3]

Hong Kong Export Credit Insurance

Corporation Ordinance

1. Section 2 of the Hong Kong Export Credit Insurance Corporation Ordinance (Cap. 1115) is amended in the definition of "trade with countries outside Hong Kong"---

(a) by repealing "countries" and substituting "places";

(b) by repealing "(與香港以外國家" and substituting "(與香港以外地方".

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

3. Section 8 is amended---

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

(b) in subsection (2) by repealing "during the pleasure of the Governor" and substituting "at the Chief Executive's discretion";

4. Section 9(2) is amended by repealing "countries" and substituting "places".

5. Section 10(3)(a) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 12(1)(c) is amended by repealing "countries" and substituting "places".

7. Section 13(2) is amended by repealing "立法局" and substituting "立法會".

8. Section 14 is amended by repealing "the Colony" and substituting "Hong Kong".

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

10. Section 17(2) is amended by repealing "Governor" and substituting "Chief Executive".

11. Section 19 is amended by repealing "the Colony" and substituting "Hong Kong".

12. Section 20(1) is amended by repealing "立法局" and substituting "立法會".

13. Section 23 is amended by repealing "立法局" and substituting "立法會".

14. Section 28 is amended---

(a) in subsection (1) by repealing "Governor" where it twice 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".

15. Section 29 is amended by repealing "Governor" where it twice appears 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 7).

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

Sale of Goods Ordinance (Cap. 26) Schedule 1

Import and Export Ordinance (Cap. 60) Schedule 2

Consumer Council Ordinance (Cap. 216) Schedule 3

Travel Agents Ordinance (Cap. 218) Schedule 4

Protection of Trading Interests Ordinance (Cap. 471) Schedule 5

Hong Kong Trade Development Council Ordinance Schedule 6
(Cap. 1114)

Hong Kong Export Credit Insurance Corporation Schedule 7
Ordinance (Cap. 1115)

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).