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Adaptation of Laws (No. 18) 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. 18) 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]
Television Ordinance and Its Subsidiary Legislation
Television Ordinance
1. Section 2(1) of the Television Ordinance (Cap. 52) is amended, in the definition of "performance bond", by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 8 is amended---
(a) in subsection (1)---
(i) by repealing "Governor" where it first appears and substituting "Chief Executive";
(ii) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (2)---
(i) in paragraph (a)---
(A) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(B) by repealing "受總督" and substituting "受行政長官";
(ii) in paragraph (b)(iii), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(c) in subsections (3) and (4), by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 8B is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
4. Section 9 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
5. Section 10(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Section 11A is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
7. Section 13 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
8. Section 13A(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Section 14 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
10. Section 16 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
11. Section 17(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
12. Section 17B is amended---
(a) in subsection (1E), by repealing "Hong Kong Government" and substituting "Government of the Hong Kong Special Administrative Region";
(b) in subsection (1F), by repealing "Governor in Council" and substituting "Chief Executive in Council".
13. Section 17Q(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
14. Section 20(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
15. Section 20B(1), (2) and (3)(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
16. Section 20C(2) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
17. Section 30(c) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
18. Section 32A is amended---
(a) in subsection (1), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (2), by repealing "立法局" and substituting "立法會".
19. Section 32C is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
20. Section 33(4), (5) and (10) is amended by repealing "該法院" wherever it appears and substituting "該法庭".
21. Section 38(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
22. Section 39 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
23. Section 41(11) is amended by repealing "Governor" and substituting "Chief Executive".
24. Section 44(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
Television (Advertising) Regulation
25. Section 4(4) of the Television (Advertising) Regulation (Cap. 52 sub. leg.) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 2 [s. 3]
Telephone Ordinance
1. Section 3(7) of the Telephone Ordinance (Cap. 269) is amended, in the definition of "numbering plan", by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
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SCHEDULE 3 [s. 3]
Control of Obscene and Indecent Articles Ordinance
and Its Subsidiary Legislation
Control of Obscene and Indecent Articles Ordinance
1. Section 31(b) of the Control of Obscene and Indecent Articles Ordinance (Cap. 390) is amended by repealing "大法官" and substituting "法官".
2. Section 46 is amended by repealing "Governor in Council" and substituting
"Chief Executive in Council".
Control of Obscene and Indecent Articles Rules
3. Rules 4(2), 5(2) and 6(2) of and Forms 1, 3 and 5 of the Schedule to the Control of Obscene and Indecent Articles Rules (Cap. 390 sub. leg.) are amended by repealing "Attorney General's Chambers" and substituting "Department of Justice".
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SCHEDULE 4 [s. 3]
Broadcasting Authority Ordinance
1. Section 4(1), (2), (3), (4), (5) and (6) of the Broadcasting Authority Ordinance (Cap. 391) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 5 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
3. Section 9(1)(a)(i), (ii) and (iii), (aa), (c) and (d) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
4. Section 9D(1), (3) and (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 15 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2), by repealing "立法局" and substituting "立法會".
6. Section 21(1) and (5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
7. Section 26(1) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 5 [s. 3]
Film Censorship Ordinance
1. Section 4(2) of the Film Censorship Ordinance (Cap. 392) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 16(2)(c) and (5) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 29(1A) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
SCHEDULE 6 [s. 3]
Outer Space Ordinance
1. The long title to the Outer Space Ordinance (Cap. 523) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "United Kingdom" and substituting "People's Republic of China".
2. Section 4 is amended---
(a) in subsection (2)(b)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "United Kingdom" where it twice appears and substituting "People's Republic of China";
(b) in subsection (3)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "United Kingdom" and substituting "People's Republic of China".
3. Section 5 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) in paragraphs (b) and (c), by repealing "United Kingdom" and substituting "People's Republic of China";
(c) in subsection (3), by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 6 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) in paragraphs (a), (b), (c) and (d), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(ii) in paragraph (e)---
(A) in subparagraph (iii), by repealing "United Kingdom's international obligations" and substituting "international obligations of the People's Republic of China";
(B) in subparagraph (iv), by repealing "United Kingdom" and substituting "People's Republic of China";
(iii) in paragraph (g), by repealing "Governor" and substituting "Chief Executive".
5. Section 7 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) in paragraph (b), by repealing "United Kingdom" where it twice appears and substituting "People's Republic of China".
6. Section 8 is amended---
(a) in subsection (1)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "Secretary of State" and substituting "Central People's Government";
(b) in subsection (2)---
(i) by repealing "Secretary of State" and substituting "Central People's Government";
(ii) by repealing "Governor" where it twice appears and substituting "Chief Executive";
(iii) in paragraph (b), by repealing "United Kingdom" and substituting "People's Republic of China".
7. Section 9 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "United Kingdom" and substituting "People's Republic of China".
8. Section 10(1) is amended---
(a) by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in paragraph (a), by repealing "United Kingdom" and substituting "People's Republic of China".
9. Section 11(1) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "United Kingdom" and substituting "People's Republic of China".
10. Section 12 is amended---
(a) in subsection (1), by repealing "Her Majesty's Government in the United Kingdom" and substituting "the Central People's Government";
(b) in subsection (2)(b), by repealing "Governor" and substituting "Chief Executive".
11. Section 13 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 6).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Broadcasting Authority Ordinance (Cap. 391) Schedule 4
Control of Obscene and Indecent Articles Ordinance (Cap. 390) Schedule 3
Film Censorship Ordinance (Cap. 392) Schedule 5
Outer Space Ordinance (Cap. 523) Schedule 6
Telephone Ordinance (Cap. 269) Schedule 2
Television Ordinance (Cap. 52) Schedule 1
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).
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