The Adaptation of Laws (No. 24) Ordinance 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. 24) Ordinance 1999.
2. Commencement
(1) (a) This Ordinance, except as provided in subsection (2), 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 1, 6, 7, 8, 9, 10, 11, 12 and 14 of Schedule 1 shall come into operation at the beginning of the day on which this Ordinance is published in the Gazette.
3. Amendment of Ordinances
The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.
SCHEDULE 1 [ss. 2 & 3]
Probate and Administration Ordinance and
Its Subsidiary Legislation
Probate and Administration Ordinance
1. Section 3(3) of the Probate and Administration Ordinance (Cap. 10) is amended by repealing everything from "any part of the Commonwealth" to "or otherwise)" and substituting "any designated country or place".
2. Section 12 is amended---
(a) in subsection (2), by repealing "or of the United States of America";
(b) by repealing subsection (3).
3. Section 15(2) is amended by repealing "of the Colony".
4. Section 23B(2)(b) and (3) is amended by repealing "of the Colony".
5. Section 23C is amended by repealing "of the Colony".
6. The heading to Part IV is repealed and substituted by "Sealing of Grants by Courts in Designated Countries, etc.".
7. Section 48 is amended---
(a) by repealing the definition of "British court in a foreign country";
(b) by adding---
" "designated country or place" (指定國家或地方) means a country or place specified in Schedule 2;";
(c) by repealing the definition of "probate" and "letters of administration" and substituting---
" "probate" (遺囑認證) and "letters of administration" (遺產管理書) mean any instrument having in any designated country or place the same effect which under the laws of Hong Kong is given to probate and letters of administration respectively.".
8. Section 49 is amended by repealing "any part of the Commonwealth, or a British court in a foreign country," and substituting "a designated country or place".
9. The following is added---
"49A. Amendment of Schedule 2
(1) The Chief Executive in Council may, by order in the Gazette, add to or delete from Schedule 2 the name of a country or place if he is satisfied that the condition in subsection (2) is complied with or has ceased to be complied with (as the case may be) in respect of that country or place.
(2) The condition referred to in subsection (1) is that, in the event of the benefits conferred by this Part being applied to probate and letters of administration granted by the court of a country or place outside Hong Kong, similar benefits will in that country or place be applied to probate and letters of administration granted by the court of Hong Kong.".
10. Section 63(1) and (3) is amended by repealing "the Schedule" and substituting "Schedule 1".
11. The Schedule is amended by repealing "SCHEDULE" and substituting "SCHEDULE 1".
12. The following is added---
"SCHEDULE 2 [ss. 48 & 49A]
Designated Country or Place
The Australian States of Tasmania and Victoria and the Northern Territory of Australia
Singapore
Sri Lanka
United Kingdom".
Non-Contentious Probate Rules
13. Rule 8 of the Non-Contentious Probate Rules (Cap. 10 sub. leg.) is amended, in the second proviso, by repealing "language a translation" and substituting "or Chinese language a translation into one of those languages".
14. Rule 11 is amended---
(a) by adding "or Chinese" after "in the English";
(b) by repealing "of the English" and substituting "of that".
15. Rule 37 is amended by repealing "Crown" and substituting "Government".
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SCHEDULE 2 [s. 3]
Wills Ordinance
1. Section 30(3)(c) of the Wills Ordinance (Cap. 30) is amended by adding "non-adopted" before "Application of English Law Ordinance (Cap. 88)".
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SCHEDULE 3 [s. 3]
Intestates' Estates Ordinance
1. Section 4(13) of the Intestates' Estates Ordinance (Cap. 73) is amended by repealing "立法局" and substituting "立法會".
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SCHEDULE 4 [s. 3]
Hong Kong War Memorial Pensions Ordinance
1. Section 3(2) and (4)(a), (b) and (c) of the Hong Kong War Memorial Pensions Ordinance (Cap. 386) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
2. Section 12(2), (4) and (6) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 13(9) is amended by repealing "Crown" and substituting "Government".
4. Section 14(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 15(2) is amended by repealing "院" and substituting "庭".
6. Section 17 is amended by repealing "Crown" and substituting "Government".
7. Section 18 is amended by repealing "Crown" and substituting "Government".
8. Section 19(1)(a) is amended by repealing "Crown" and substituting "Government".
9. Section 21 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 4).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Hong Kong War Memorial Pensions Ordinance (Cap. 386) Schedule 4
Intestates' Estates Ordinance (Cap. 73) Schedule 3
Probate and Administration Ordinance (Cap. 10) Schedule 1
Wills Ordinance (Cap. 30) Schedule 2
3. The Bill also provides that the adaptations (except those referred to in clause 2(2)) when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2).
