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Adaptation of Laws (No. 5) 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. 5) 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]
Lands Tribunal Ordinance
1. Section 15 of the Lands Tribunal Ordinance (Cap. 17) is amended by repealing "Chief Executive" and substituting "Chief Executive in Council".
SCHEDULE 2 [s. 3]
Labour Tribunal Ordinance and Its Subsidiary Legislation
Labour Tribunal Ordinance
1. Section 35(2) and (3) of the Labour Tribunal Ordinance (Cap. 25) is amended by repealing "高等法院" and substituting "原訟法庭".
2. Paragraph 1(a) of the Schedule is amended by repealing "an overseas contract as defined in the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78)" and substituting
"a contract to which the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78) applies".
Labour Tribunal (Forms) Rules
3. Form 17 of the Schedule to the Labour Tribunal (Forms) Rules (Cap. 25 sub. leg.) is amended---
(a) by repealing "地方法院" and substituting "區域法院";
(b) by repealing "地方法院" and substituting "區域法院".
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SCHEDULE 3 [s. 3]
Municipal Services Appeals Boards Ordinance
1. Section 6(1), (2) and (4) of the Municipal Services Appeals Boards Ordinance (Cap. 220) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 20 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 4 [s. 3]
Magistrates Ordinance and Its Subsidiary Legislation
Magistrates Ordinance
1. Section 81B(5) of the Magistrates Ordinance (Cap. 227) is amended by repealing "法院" and substituting "法庭".
2. Section 115(2) is amended by repealing "Attorney General's chambers" and substituting "Department of Justice".
3. Section 128 is amended by repealing "法院" and substituting "法庭".
4. Paragraph 9 of the Third Schedule is amended by repealing "人民".
Magistrates (Forms) Rules
5. The Schedule to the Magistrates (Forms) Rules (Cap. 227 sub. leg.) is amended---
(a) in Form 98---
(i) by repealing "上訴法院" where it twice appears and substituting "上訴法庭";
(ii) by repealing "法院" wherever it appears except "裁判法院" and substituting "法庭";
(b) in Form 99---
(i) by repealing "上訴法院" where it twice appears and substituting "上訴法庭";
(ii) by repealing "法院" wherever it appears except "裁判法院" and substituting "法庭".
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SCHEDULE 5 [s. 3]
Administrative Appeals Board Ordinance
1. Section 4(1) and (3) of the Administrative Appeals Board Ordinance (Cap. 442) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 6(1), (2), (5) and (6) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 7(1) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 8(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 22(4)(b) is amended, in the Chinese text, by repealing "District Court Civil Procedure (Costs) Rules" and substituting "《區域法院民事訴訟程序 (訟費) 規則》".
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SCHEDULE 6 [s. 3]
Coroners Ordinance
1. Section 35(2)(a) of the Coroners Ordinance (Cap. 504) is amended by repealing "人民".
Explanatory Memorandum
The purpose of this Bill is to adapt the Ordinances specified in Schedule
1 to Schedule 6 so as to ensure conformity of those Ordinances 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---
Schedule to
the Bill Ordinance
1. Lands Tribunal Ordinance (Cap. 17)
2. Labour Tribunal Ordinance (Cap. 25)
3. Municipal Services Appeals Boards Ordinance (Cap. 220)
4. Magistrates Ordinance (Cap. 227)
5. Administrative Appeals Board Ordinance (Cap. 442)
6. Coroners Ordinance (Cap. 504)
3. The Bill also provides that, subject to Article 12 of the Hong Kong Bill of Rights, 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).
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