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Adaptation of Laws (No. 7) 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. 7) 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]
Land (Miscellaneous Provisions) Ordinance
1. Section 3(2) of the Land (Miscellaneous Provisions) Ordinance (Cap. 28) is amended by repealing "Governor" and substituting "Chief Executive in Council".
2. Section 12(5) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 15A is amended---
(a) by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council";
(b) by repealing "Governor" where it last appears and substituting "Chief Executive".
4. Section 19 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 20 is amended by repealing "Crown" and substituting "Government".
SCHEDULE 2 [s. 3]
Government Leases Ordinance
1. Section 3(3) of the Government Leases Ordinance (Cap. 40) is amended by repealing "Governor" and substituting "Chief Executive in Council".
2. Section 9(9) is amended by repealing "renewable Crown lease" where it twice appears and substituting "renewable Government lease".
3. Section 14 is amended---
(a) in subsection (2)---
(i) by repealing "官方" and substituting "政府";
(ii) by repealing "地方法院" and substituting "區域法院";
(b) in subsections (3) and (4), by repealing "地方法院" and substituting "區域法院".
4. Section 19(1) and (3) is amended by repealing "地方法院" and substituting "區域法院".
5. Section 20 is amended by repealing "地方法院" and substituting "區域法院".
6. Section 21 is amended---
(a) by repealing "地方法院" where it twice appears and substituting "區域法院";
(b) by repealing "大法官" wherever it appears and substituting "法官".
7. Section 22 is amended---
(a) by repealing "地方法院" and substituting "區域法院";
(b) by repealing "大法官" and substituting "法官".
SCHEDULE 3 [s. 3]
Crown Lease (Pok Fu Lam) Ordinance
1. Section 2 of the Crown Lease (Pok Fu Lam) Ordinance (Cap. 118) is amended, in the definition of "published", by repealing "the Colony" and substituting "Hong Kong".
2. Section 8(3) is amended by repealing "the Colony" and substituting "Hong Kong".
SCHEDULE 4 [s. 3]
Lands Resumption Ordinance
1. Section 2 of the Lands Resumption Ordinance (Cap. 124) is amended---
(a) in the definition of "owner"---
(i) by repealing "the Colony" where it twice appears and substituting "Hong Kong";
(ii) by repealing "官方" and substituting "政府";
(b) in the definition of "resumption for a public purpose", in paragraph (d), by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 3 is amended---
(a) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) by repealing "Governor" where it secondly appears and substituting "Chief Executive".
3. Section 4(3) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 7(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 8(3) is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 9 is amended by repealing "Crown" and substituting "Government".
7. Section 16 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
8. Section 17 is amended---
(a) in subsection (1), by repealing "Crown" and substituting "Government";
(b) in subsection (6), by repealing "of the Colony".
9. Section 18 is amended---
(a) by repealing "the Colony" and substituting "Hong Kong";
(b) by repealing "Governor" where it twice appears and substituting "Chief Executive".
10. Section 20 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
SCHEDULE 5 [s. 3]
Government Rent and Premium (Apportionment) Ordinance
1. Section 3(1)(b) of the Government Rent and Premium (Apportionment) Ordinance (Cap. 125) is amended by repealing "Governor" and substituting "Chief Executive in Council".
2. Section 4(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 5 is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 12 is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 21(3) and (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
SCHEDULE 6 [s. 3]
Government Rights (Re-entry and Vesting Remedies) Ordinance
1. Section 4(1) of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 7(1) and (1A) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 8(1)(a), (2)(a), (3) and (4) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
4. Section 9 is amended---
(a) in subsection (1), by repealing "Governor" where it first appears and substituting "Chief Executive";
(b) in subsections (1)(b) and (2), by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 11(1) is amended---
(a) by repealing "Governor" where it first appears and substituting "Chief Executive";
(b) by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Section 12(1) is amended---
(a) by repealing "Governor" where it first appears and substituting "Chief Executive";
(b) by repealing "Governor in Council" and substituting "Chief Executive in Council".
SCHEDULE 7 [s. 3]
Government Rent (Assessment and Collection) Ordinance
1. Section 2 of the Government Rent (Assessment and Collection) Ordinance (Cap. 515) is amended---
(a) in the definition of "lease", by repealing "a lease is granted by or on behalf of the Governor, any extension of the term of a lease, a lease that is varied, an agreement to grant a lease" and substituting "a Government lease is granted";
(b) in the definition of "最低應課差餉租值", in paragraph (b), by repealing "立法局" and substituting "立法會".
2. Section 6(12) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 10(1) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 21(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 34(1) 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 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---
Crown Lease (Pok Fu Lam) Ordinance (Cap. 118) Schedule 3
Government Leases Ordinance (Cap. 40) Schedule 2
Government Rent and Premium (Apportionment) Ordinance (Cap. 125) Schedule 5
Government Rent (Assessment and Collection) Ordinance (Cap. 515) Schedule 7
Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap.126) Schedule 6
Land (Miscellaneous Provisions) Ordinance (Cap. 28) Schedule 1
Lands Resumption Ordinance (Cap. 124) Schedule 4
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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