Adaptation of Laws (No. 34) 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. 34) Ordinance 1999.
2. Commencement
(1) This Ordinance, except as provided in subsection (3), 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) Section 6 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]
Co-operative Societies Ordinance and Its Subsidiary Legislation
Co-operative Societies Ordinance
1. Section 3 of the Co-operative Societies Ordinance (Cap. 33) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "the Colony" and substituting "Hong Kong".
2. Section 7(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 10(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 14 is amended by repealing "Crown" and substituting "Government".
5. Section 30(3) is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 33(b) is amended by repealing "a Government within the Commonwealth" and substituting "the Government of the Hong Kong Special Administrative Region or of any other place approved by the Registrar".
7. Section 34(1) is amended, in the proviso, by repealing "Governor" and substituting "Chief Executive".
8. Section 38(2) is amended by repealing "Governor" and substituting "Chief Executive".
9. Section 48 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
10. Section 50(1) is amended by repealing "Governor" and substituting "Chief Executive".
11. Section 51(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
12. Section 53 is amended by repealing "Governor" and substituting "Chief Executive".
13. Section 54 is amended by repealing "Governor" and substituting "Chief Executive".
14. Section 55 is amended by repealing "Governor" and substituting "Chief Executive".
15. Section 56(1) is amended by repealing "Governor" and substituting "Chief Executive".
Co-operative Societies Rules
16. Rule 19(1) of the Co-operative Societies Rules (Cap. 33 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 2 [s. 3]
Gas Safety Ordinance
1. Section 4(2)(b), (3) and (4) of the Gas Safety Ordinance (Cap. 51) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 5 is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 7 is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 8(1) and (2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 12(5)(b) is amended by repealing "皇家香港警察隊" and substituting "香港警務處".
6. Section 36(2) is amended by repealing "Crown" and substituting "Government".
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SCHEDULE 3 [s. 3]
Credit Unions Ordinance
1. Section 59(2) of the Credit Unions Ordinance (Cap. 119) is amended by repealing "地方法院"
and substituting "區域法院".
2. Section 62(1) and (3) is amended by repealing "地方法院" and substituting "區域法院".
3. Section 74 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws".
4. Section 82(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 85 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 4 [s. 3]
Oil (Conservation and Control) Ordinance
1. Section 3 of the Oil (Conservation and Control) Ordinance (Cap. 264) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 5(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 8(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 15 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
5. Section 16 is amended---
(a) by repealing "Greenwich Mean Time" and substituting "Universal Standard Time";
(b) by repealing "立法局" and substituting "立法會".
SCHEDULE 5 [s. 3]
Electricity Ordinance and Its Subsidiary Legislation
Electricity Ordinance
1. Section 1(2) of the Electricity Ordinance (Cap. 406) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 25A(4)(b) is amended by repealing "地方法院" and substituting "區域法院".
3. Section 39(3) is amended by repealing "立法局" and substituting "立法會".
4. Section 45(5) is amended by repealing "立法局" and substituting "立法會".
5. Section 59(1) and (2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
Electricity Supply Regulations
6. Regulation 2(d) of the Electricity Supply Regulations (Cap. 406 sub. leg.) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
7. Regulation 14 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 6 [s. 3]
Mercantile Marine Assistance Fund Ordinance and Its
Subsidiary Legislation
Mercantile Marine Assistance Fund Ordinance
1. Section 3 of the Mercantile Marine Assistance Fund Ordinance (Cap. 1001) is amended---
(a) in subsection (1)---
(i) by repealing "the Colony" and substituting "Hong Kong";
(ii) by repealing "立法局" and substituting "立法會";
(b) in subsection (2), by repealing "the Colony" and substituting "Hong Kong".
2. Section 4 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2), by repealing "Governor in Council" and substituting "Chief Executive in Council".
Mercantile Marine Assistance Fund Regulations
3. Regulation 2 of the Mercantile Marine Assistance Fund Regulations (Cap. 1001 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".
4. Regulation 5(a), (b) and (c) is amended by repealing "the Colony" and substituting "Hong Kong".
5. Regulation 6 is amended by repealing "the Colony" and substituting "Hong Kong".
6. Regulation 7 is amended by repealing "the Colony" and substituting "Hong Kong".
7. Regulation 9 is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 7 [s. 3]
The Hong Kong and China Gas Company (Transfer of
Incorporation) Ordinance
1. Section 7 of The Hong Kong and China Gas Company (Transfer of Incorporation) Ordinance (Cap. 1022) is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws".
2. The Schedule is amended, in clause 3(C), by repealing "Crown" and substituting "Government".
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SCHEDULE 8 [s. 3]
Hongkong and Kowloon Wharf and Godown Company Limited
(By-laws) Ordinance and Its Subsidiary Legislation
Hongkong and Kowloon Wharf and Godown Company
Limited (By-laws) Ordinance
1. Section 3 of the Hongkong and Kowloon Wharf and Godown Company Limited (By-laws) Ordinance (Cap. 1023) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
Hong Kong and Kowloon Wharf and Godown
Company Limited By-laws
2. By-law 12 of the Hong Kong and Kowloon Wharf and Godown Company Limited By-laws (Cap. 1023 sub. leg.) is amended by repealing "Crown" and substituting "State".
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SCHEDULE 9 [s. 3]
North Point Wharves Limited Ordinance
1. Section 3(1) of the North Point Wharves Limited Ordinance (Cap. 1038) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 5 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws".
SCHEDULE 10 [s. 3]
J. E. Joseph Trust Fund Ordinance
1. Section 4 of the J. E. Joseph Trust Fund Ordinance (Cap. 1067) is amended by repealing
"立法局" and substituting "立法會".
2. Section 6 is amended---
(a) in subsection (2), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" where it twice appears and substituting "立法會".
3. Section 7 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
4. Section 8 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
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SCHEDULE 11 [s. 3]
Kadoorie Agricultural Aid Loan Fund Ordinance
1. Section 5 of the Kadoorie Agricultural Aid Loan Fund Ordinance (Cap. 1080) is amended---
(a) in subsection (1)(d), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor shall" and substituting "Chief Executive shall";
(ii) by repealing "Governor at his pleasure" and substituting "Chief Executive at his discretion".
2. Section 6(1) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 9 is amended, in the proviso, by repealing "Governor" and substituting "Chief Executive".
4. Section 11 is amended, in the proviso, by repealing "Governor" and substituting "Chief Executive".
5. Section 12 is amended---
(a) in subsection (2), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" where it twice appears and substituting "立法會".
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SCHEDULE 12 [s. 3]
Kadoorie Farm and Botanic Garden Corporation Ordinance
1. Section 24 of the Kadoorie Farm and Botanic Garden Corporation Ordinance (Cap. 1156) is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws".
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---
Co-operative Societies Ordinance (Cap. 33) Schedule 1
Gas Safety Ordinance (Cap. 51) Schedule 2
Credit Unions Ordinance (Cap. 119) Schedule 3
Oil (Conservation and Control) Ordinance (Cap. 264) Schedule 4
Electricity Ordinance (Cap. 406) Schedule 5
Mercantile Marine Assistance Fund Ordinance (Cap. 1001) Schedule 6
The Hong Kong and China Gas Company (Transfer of Incorporation) Ordinance (Cap. 1022) Schedule 7
Hongkong and Kowloon Wharf and Godown Company Limited (By-laws) Ordinance (Cap. 1023) Schedule 8
North Point Wharves Limited Ordinance (Cap. 1038) Schedule 9
J. E. Joseph Trust Fund Ordinance (Cap. 1067) Schedule 10
Kadoorie Agricultural Aid Loan Fund Ordinance (Cap. 1080) Schedule 11
Kadoorie Farm and Botanic Garden Corporation Ordinance (Cap. 1156) Schedule 12
3. The Bill also provides that the adaptations (except that referred to in clause 2(3)) when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2(1)).
