Adaptation of Laws (No. 16) 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. 16) Ordinance 1999.

2. Commencement

(1) (a) This Ordinance, other than sections 4 to 16 and 31 to 40 of Schedule 3, shall be deemed to have come into operation on 1 July 1997.

(b) Paragraph (a) 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).

(2) Sections 4 to 16 and 31 to 40 of Schedule 3 shall be deemed to have come into operation on 1 February 1999.

3. Amendment of Ordinances

The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.

SCHEDULE 1 [s. 3]

Hospital Authority Ordinance

1. Section 2(2) of the Hospital Authority Ordinance (Cap. 113) is amended by repealing "Governor" and substituting "Chief Executive".

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

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

4. Section 7(1)(a)(i) is amended by repealing "立法局" and substituting "立法會".

5. Section 10(4) is amended by repealing "立法局" and substituting "立法會".

6. Section 11(4) is amended by repealing "立法局" and substituting "立法會".

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

8. Section 19(2)(a)(iv) is amended by repealing "Governor" and substituting "Chief Executive".

9. Section 20 is amended---

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

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

10. Schedule 3 is amended, in paragraphs 2, 3(1), 4(3) and 7, by repealing "Governor" wherever it appears and substituting "Chief Executive".

------------------------------

SCHEDULE 2 [s. 3]

Pesticides Ordinance

1. Section 13(4) of the Pesticides Ordinance (Cap. 133) is amended by repealing "Governor's" and substituting "Chief Executive's".

2. Section 16 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

3. Section 18(1) is amended by repealing "Crown" where it twice appears and substituting "Government".

4. Section 19(1A) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

------------------------------

SCHEDULE 3 [ss. 2 & 3]

Mental Health Ordinance and Its Subsidiary Legislation

Mental Health Ordinance

1. Section 3(1) and (2) of the Mental Health Ordinance (Cap. 136) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 4(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

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

4. Section 7 is amended---

(a) in subsection (1), by repealing "高等法院" where it twice appears and substituting "原訟法庭";

(b) in subsection (5), by repealing "高等法院" and substituting "原訟法庭";

5. Section 10(1) is amended by repealing "高等法院" where it twice appears and substituting
"原訟法庭".

6. Section 10A is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

7. Section 10B is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

8. Section 10C(1) is amended by repealing "高等法院" where it twice appears and substituting
"原訟法庭".

9. Section 10D is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

10. Section 10E(2), (4) and (5) is amended by repealing "高等法院" wherever it appears and
substituting "原訟法庭".

11. Section 11(1) and (2) is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

12. Section 26 is amended by repealing "高等法院" where it twice appears and substituting
"原訟法庭".

13. Section 26A is amended by repealing "高等法院" where it twice appears and substituting
"原訟法庭".

14. Section 26B(1) is amended by repealing "高等法院" and substituting "原訟法庭".

15. Section 27(1) and (4) is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

16. Section 28 is amended by repealing "高等法院" and substituting "原訟法庭".

17. Section 42B(6)(b) is amended by repealing "Governor" and substituting "Chief Executive".

18. Section 47 is amended---

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

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

19. Section 52(1), (3)(b) and (4) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

20. Section 52A(1) and (3)(b) is amended by repealing "Governor" and substituting "Chief Executive".

21. Section 52B(1) and (3)(b) is amended by repealing "Governor" and substituting "Chief Executive".

22. Section 53(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

23. Section 54(2)(a) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

24. Section 57 is amended by repealing "Governor" and substituting "Chief Executive".

25. Section 59 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

26. Section 59A(2), (3), (8) and (9) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

27. Section 59B(1) is amended by repealing "until Her Majesty's pleasure is known" and substituting "at the discretion of the Chief Executive".

28. Section 59C(1) is amended by repealing "Governor" and substituting "Chief Executive".

29. Section 59E(1)(b) is amended by repealing "Governor" and substituting "Chief Executive".

30. Section 59H(5) is amended by repealing "Governor" and substituting "Chief Executive".

31. Section 59J(2) and (3)(a) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

32. Section 59W is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

33. Section 59ZB(3) is amended by repealing "高等法院" and substituting "原訟法庭".

34. Section 59ZD(2) is amended by repealing "高等法院" and substituting "原訟法庭".

35. Section 59ZG is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

36. Section 59ZH(2) is amended by repealing "高等法院" where it twice appears and substituting
"原訟法庭".

37. Section 59ZI is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

38. Section 59ZJ is amended by repealing "高等法院" wherever it appears and substituting
"原訟法庭".

39. Section 74(4) is amended by repealing "by the Governor in Council".

40. The Schedule is amended, in sections 1(1) and (2) and 2(2), by repealing "Governor" and substituting "Chief Executive".

Mental Health Regulations

41. Regulation 5(2) of the Mental Health Regulations (Cap. 136 sub. leg.) is amended---

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

(b) in paragraph (b), by repealing "行政局" and substituting "行政會議";

Mental Health Review Tribunal Rules

42. Rule 29(d) of the Mental Health Review Tribunal Rules (Cap. 136 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

------------------------------

SCHEDULE 4 [s. 3]

Antibiotics Ordinance

1. Section 11 of the Antibiotics Ordinance (Cap. 137) is amended by repealing "Crown" wherever it appears and substituting "Government".

SCHEDULE 5 [s. 3]

Pharmacy and Poisons Ordinance and Its Subsidiary Legislation

Pharmacy and Poisons Ordinance

1. Section 3 of the Pharmacy and Poisons Ordinance (Cap. 138) is amended---

(a) in subsection (2)(e), (f), (fa), (fb), (g), (h) and (i), by repealing "Governor" and substituting "Chief Executive";

(b) in subsections (3) and (4), by repealing "Governor" wherever it appears and substituting "Chief Executive".

2. Section 7(3)(c) is amended by repealing "the Colony" and substituting "Hong Kong".

3. Section 10(1)(a) is amended by repealing "this Colony" and substituting "Hong Kong".

4. Section 15(1)(a) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 29(1) is amended by repealing "立法局" and substituting "立法會".

6. Section 30(2)(a), (3), (4) and (5) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

7. Section 32 is amended---

(a) in paragraph (b), by repealing "the Colony" and substituting "Hong Kong";

(b) in paragraph (e)(ii), by repealing "Crown" and substituting "Government".

8. Section 36(1) is amended by repealing "Crown" where it twice appears and substituting "Government".

Course of Training, Study and Examination

for Applicants for Registration

as Pharmacists Regulations

9. Regulation 6 of the Course of Training, Study and Examination for Applicants for Registration as Pharmacists Regulations (Cap. 138 sub. leg.) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Regulation 12 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

------------------------------

SCHEDULE 6 [s. 3]

Quarantine and Prevention of Disease Ordinance

and Its Subsidiary Legislation

Quarantine and Prevention of Disease Ordinance

1. Section 2(1) of the Quarantine and Prevention of Disease Ordinance (Cap. 141) is amended---

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

(b) in the definition of "health officer", by repealing "Governor" and substituting "Chief Executive";

(c) in the definitions of "quarantine anchorage" and "quarantine station", by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 8(1) and (3)(l) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Prevention of the Spread of Infectious Diseases Regulations

3. Regulation 21 of the Prevention of the Spread of Infectious Diseases Regulations (Cap. 141 sub. leg.) is amended by repealing "Crown" and substituting "Government".

------------------------------

SCHEDULE 7 [s. 3]

Radiation Ordinance

1. Section 3 of the Radiation Ordinance (Cap. 303) is amended---

(a) in subsection (2)(b), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (3)---

(i) by repealing "Governor at his pleasure" and substituting "Chief Executive at his discretion";

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

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

3. Section 8(3) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 11 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

5. Section 13(1) is amended by repealing "立法局" and substituting "立法會".

6. Section 21(1) is amended by repealing "Crown" and substituting "Government".

7. Section 24 is amended by repealing "立法局" and substituting "立法會".

------------------------------

SCHEDULE 8 [s. 3]

Pharmacopoeia Ordinance

1. The long title to the Pharmacopoeia Ordinance (Cap. 308) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended by repealing "the Colony" and substituting "Hong Kong".

3. Section 3 is amended by repealing "the Colony" and substituting "Hong Kong".

SCHEDULE 9 [s. 3]

Medical Clinics Ordinance

1. Section 12(1) of the Medical Clinics Ordinance (Cap. 343) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

2. Section 15(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

------------------------------

SCHEDULE 10 [s. 3]

Smoking (Public Health) Ordinance

1. Section 11(3)(aa)(ii) of the Smoking (Public Health) Ordinance (Cap. 371) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

------------------------------

SCHEDULE 11 [s. 3]

Hong Kong Council on Smoking and Health Ordinance

1. Section 3(2)(e) of the Hong Kong Council on Smoking and Health Ordinance (Cap. 389) is amended by repealing "Governor" and substituting "Chief Executive".

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

3. Section 13(1) is amended---

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

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

4. Section 16 is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 17(6) is amended by repealing "立法局" and substituting "立法會".

6. Section 18 is amended by repealing "Crown" where it twice appears and substituting "State".

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

------------------------------

SCHEDULE 12 [s. 3]

Hong Kong Academy of Medicine Ordinance

1. Section 6(9) of the Hong Kong Academy of Medicine Ordinance (Cap. 419) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 12(5) is amended by repealing "立法局" and substituting "立法會".

SCHEDULE 13 [s. 3]

The Prince Philip Dental Hospital Ordinance

1. Section 3(2) of The Prince Philip Dental Hospital Ordinance (Cap. 1081) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

3. Section 12(1)(c) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 15 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Section 16 is amended---

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

(b) in subsection (4)---

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

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

6. Section 17 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".

7. Section 18 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

8. Section 19 is amended by repealing "Crown" where it twice appears and substituting "State".

9. Section 20 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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 13).

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

Antibiotics Ordinance (Cap. 137) Schedule 4

Hong Kong Academy of Medicine Ordinance (Cap. 419) Schedule 12

Hong Kong Council on Smoking and Health Ordinance Schedule 11

(Cap. 389)

Hospital Authority Ordinance (Cap. 113) Schedule 1

Medical Clinics Ordinance (Cap. 343) Schedule 9

Mental Health Ordinance (Cap. 136) Schedule 3

Pesticides Ordinance (Cap. 133) Schedule 2

Pharmacopoeia Ordinance (Cap. 308) Schedule 8

Pharmacy and Poisons Ordinance (Cap. 138) Schedule 5

Quarantine and Prevention of Disease Ordinance Schedule 6

(Cap. 141)

Radiation Ordinance (Cap. 303) Schedule 7

Smoking (Public Health) Ordinance (Cap. 371) Schedule 10

The Prince Philip Dental Hospital Ordinance (Cap. 1081) Schedule 13

3. The Bill provides that, subject to Article 12 of the Hong Kong Bill of Rights, most of the proposed adaptations shall when passed into law take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region. Adaptations relating to provisions that came into operation after 1 July 1997 shall take effect as from the date when the relevant provisions come into operation (clause 2).