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Adaptation of Laws (No. 25) 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. 25) 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]
Public Finance Ordinance and Its Subsidiary Legislation
Public Finance Ordinance
1. Section 2 of the Public Finance Ordinance (Cap. 2) is amended---
(a) by repealing the definition of "enactment";
(b) in the definition of "Finance Committee", by repealing "Standing Orders of the Legislative Council" and substituting "Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region";
(c) in the definition of "public moneys", in paragraph (c), by repealing "Governor" and substituting "Chief Executive".
2. Section 5(1) is amended by repealing "立法局" and substituting "立法會".
3. Section 6(1) is amended by repealing "立法局" and substituting "立法會".
4. Section 7(1) and (2) is amended by repealing "立法局" and substituting "立法會".
5. Section 8 is amended---
(a) in subsection (6)(a)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會";
(b) in subsection (8)(b), by repealing "立法局" and substituting "立法會".
6. Section 9 is amended by repealing "立法局" and substituting "立法會".
7. Section 11(2) is amended by repealing "Governor" and substituting "Chief Executive".
8. Section 12(1) is amended by repealing "立法局" and substituting "立法會".
9. Section 17A is amended---
(a) by repealing "of the Colony";
(b) by repealing "Governor" and substituting "Chief Executive".
10. Section 17B(1) is amended---
(a) by repealing "Crown" and substituting "Government";
(b) by repealing "of the Colony".
11. Section 17C(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
12. Section 18A is amended---
(a) in subsection (1)---
(i) by repealing "of the Colony";
(ii) by repealing "立法局" and substituting "立法會";
(b) in subsection (2), by repealing "立法局" and substituting "立法會".
13. Section 19(2) is amended by repealing "立法局" and substituting "立法會".
14. Section 27(2) is amended by repealing "from the Crown Agents or".
15. Section 28(1)(a) is amended by repealing "立法局" and substituting "立法會".
16. Section 29(1) is amended by repealing "立法局" and substituting "立法會".
17. Section 30(1) is amended by repealing "立法局" and substituting "立法會".
18. Section 31 is amended by repealing "立法局" and substituting "立法會".
19. Section 34 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
20. Section 39A is amended---
(a) by repealing "the Crown or";
(b) in paragraphs (a) and (b), by repealing "Governor" and substituting "Chief Executive";
(c) in paragraph (c), by repealing "of the Colony".
21. Section 40 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
22. Section 43 is amended by repealing "立法局" and substituting "立法會".
Capital Investment Fund
23. Paragraph 3(g) and (k) of the Capital Investment Fund (Cap. 2 sub. leg.) is amended by repealing "立法局" and substituting "立法會".
Loan Fund
24. Paragraph 3(d) of the Loan Fund (Cap. 2 sub. leg.) is amended by repealing "立法局" and substituting "立法會".
Lotteries Fund
25. Paragraph 1 of the Lotteries Fund (Cap. 2 sub. leg.) is amended---
(a) in subparagraph 2, by repealing "or in sterling";
(b) in subparagraph 3---
(i) in sub-subparagraph (a), by repealing "of the Colony";
(ii) in sub-subparagraph (b)---
(A) by repealing "of the Colony";
(B) by repealing "本局" and substituting "本立法會";
(iii) in sub-subparagraph (f), by repealing "本局" and substituting "本立法會".
Financial Secretary Incorporated Suspense Account
26. The Financial Secretary Incorporated Suspense Account (Cap. 2 sub. leg.) is amended by repealing "Crown Leases" and substituting "Government Leases".
Disaster Relief Fund
27. Paragraph (b) of the Disaster Relief Fund (Cap. 2 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".
28. Paragraph (f)(i) is amended by repealing "立法局" and substituting "立法會".
Fees for Official Signatures and Miscellaneous Services Notice
29. The Schedule to the Fees for Official Signatures and Miscellaneous Services Notice (Cap. 2 sub. leg.) is amended, in item 1(a), by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 2 [s. 3]
Loans Ordinance
1. Section 3(1) and (3) of the Loans Ordinance (Cap. 61) is amended by repealing "立法局" and substituting "立法會".
2. Section 5(2) is amended by repealing "立法局" and substituting "立法會".
3. Section 6(2) is amended by repealing "Governor" and substituting "Chief Executive".
SCHEDULE 3 [s. 3]
Loans (Government Bonds) Ordinance
1. Section 3 of the Loans (Government Bonds) Ordinance (Cap. 64) is amended by repealing "立法局" where it twice appears and substituting "立法會".
2. Section 4(2) is amended by repealing "立法局" and substituting "立法會".
3. Section 5(1) is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 4 [s. 3]
Legal Tender Notes Issue Ordinance
1. Section 3(1) and (2) of the Legal Tender Notes Issue Ordinance (Cap. 65) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 6 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 5 [s. 3]
Exchange Fund Ordinance
1. Section 3 of the Exchange Fund Ordinance (Cap. 66) is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (5)---
(i) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(ii) by repealing "Governor to" and substituting "Chief Executive to";
(iii) by repealing "立法局" where it twice appears and substituting "立法會".
2. Section 3A(3) and (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 6(b) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 7 is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 8 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
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SCHEDULE 6 [s. 3]
Hong Kong Treasury Bills (Local) Ordinance
1. The preamble of the Hong Kong Treasury Bills (Local) Ordinance (Cap. 74) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 2 is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "of Hong Kong" and substituting "of";
(c) by repealing "立法局" and substituting "立法會".
3. Section 3 is amended by repealing "the Colony" and substituting "Hong Kong".
4. Section 4 is amended by repealing "of the Colony".
5. Section 5 is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 6 is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "of the Colony".
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SCHEDULE 7 [s. 3]
Public Revenue Protection Ordinance
1. The long title to the Public Revenue Protection Ordinance (Cap. 120) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 2 is amended---
(a) by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
3. Section 3 is amended by repealing "總督" and substituting "行政長官".
4. Section 4 is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "總監" and substituting "關長".
5. Section 5 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)(a), by repealing "立法局" and substituting "立法會";
(c) in subsection (4), by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 8 [s. 3]
Banking Ordinance
1. Part II of the Banking Ordinance (Cap. 155) is amended, in the heading, by repealing "Governor" and substituting "Chief Executive".
2. Section 4 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 subsections (2) and (3), by repealing "Governor" wherever it appears and substituting "Chief Executive".
3. Section 5 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 subsections (2) and (3), by repealing "Governor" wherever it appears and substituting "Chief Executive".
4. Section 9(4) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
5. Section 10 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
6. Section 52(1) and (2) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
7. Section 53 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
8. Section 53F(1) and (2) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
9. Section 117(5)(c) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
10. Section 119(1) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
11. Section 120 is amended---
(a) in subsection (5)(f), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (5B), by repealing "立法局" and substituting "立法會".
12. Section 122(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
13. Section 131(1), (2) and (3) is amended by repealing "Crown" and substituting "Government".
14. Section 132A(1), (2), (3) and (5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
15. Section 135 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".
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SCHEDULE 9 [s. 3]
Government Lotteries Ordinance
1. Section 3 of the Government Lotteries Ordinance (Cap. 334) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
2. Section 5 is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 6 is amended---
(a) in subsection (2) , by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (4)---
(i) by repealing "the Colony" and substituting "Hong Kong";
(ii) by repealing "Governor" and substituting "Chief Executive";
(c) in subsection (6), by repealing "立法局" and substituting "立法會".
4. Section 7(2) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
5. Section 8 is amended by repealing "of the Colony".
6. Section 9 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
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SCHEDULE 10 [s. 3]
Trading Funds Ordinance and Its Subsidiary Legislation
Trading Funds Ordinance
1. The long title to the Trading Funds Ordinance (Cap. 430) is amended by repealing "立法局" and substituting "立法會".
2. Section 2(1) is amended, in the definition of "財務委員會", by repealing "立法局" and substituting "立法會".
3. Section 3(1) is amended by repealing "立法局" and substituting "立法會".
4. Section 4(1) and (2) is amended by repealing "立法局" and substituting "立法會".
5. Section 6(1) and (3) is amended by repealing "立法局" and substituting "立法會".
6. Section 7(4) is amended by repealing "立法局" and substituting "立法會".
7. Section 8(2) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
8. Section 11 is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
9. Section 12(1) is amended by repealing "立法局" and substituting "立法會".
Land Registry Trading Fund
10. Schedule 1 to the Land Registry Trading Fund (Cap. 430 sub. leg.) is amended, in item 22, by repealing "Crown" and substituting "Government".
SCHEDULE 11 [s. 3]
Coinage Ordinance
1. Section 2(1) and (4) of the Coinage Ordinance (Cap. 454) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 4 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 12 [s. 3]
Financial Secretary Incorporation Ordinance
1. Section 1 of the Financial Secretary Incorporation Ordinance (Cap. 1015) is amended by repealing "《財政司法團條例》" and substituting "《財政司司長法團條例》".
2. Section 7 is amended---
(a) by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) by repealing "the Colony" wherever it appears and substituting "Hong Kong".
Consequential Amendments
Government Rights (Re-entry and Vesting Remedies) Ordinance
3. Section 2 of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) is amended, in the definition of "財政司司長法團", by repealing "《財政司法團條例》" and substituting "《財政司司長法團條例》".
Banking Ordinance
4. Section 81(4A)(a) of the Banking Ordinance (Cap. 155) is amended by repealing "《財政司法團條例》" and substituting "《財政司司長法團條例》".
Mass Transit Railway (Land Resumption and Related Provisions) Ordinance
5. Section 2 of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) is amended, in the definition of "財政司司長法團", by repealing "《財政司法團條例》" and substituting "《財政司司長法團條例》".
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 12).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Banking Ordinance (Cap. 155) Schedule 8
Coinage Ordinance (Cap. 454) Schedule 11
Exchange Fund Ordinance (Cap. 66) Schedule 5
Financial Secretary Incorporation Ordinance (Cap. 1015) Schedule 12
Government Lotteries Ordinance (Cap. 334) Schedule 9
Hong Kong Treasury Bills (Local) Ordinance (Cap. 74) Schedule 6
Legal Tender Notes Issue Ordinance (Cap. 65) Schedule 4
Loans (Government Bonds) Ordinance (Cap. 64) Schedule 3
Loans Ordinance (Cap. 61) Schedule 2
Public Finance Ordinance (Cap. 2) Schedule 1
Public Revenue Protection Ordinance (Cap. 120) Schedule 7
Trading Funds Ordinance (Cap. 430) Schedule 10
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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