Adaptation of Laws (No. 10) 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. 10) 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]
Bills of Sale Ordinance
1. Section 23 of the Bills of Sale Ordinance (Cap. 20) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
SCHEDULE 2 [s. 3]
Companies Ordinance and Its Subsidiary Legislation
Companies Ordinance
1. Section 2(1) of the Companies Ordinance (Cap. 32) is amended in the definition of "prescribed" by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 20 is amended---
(a) in subsection (1)(c) and (d) by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" where it twice appears and substituting "Chief Executive";
(ii) in paragraph (a) by repealing "Her Majesty's" and substituting "the Central People's".
3. Section 22B is amended---
(a) in subsection (1)---
(i) by repealing "Governor" and substituting "Chief Executive in Council";
(ii) in paragraph (a), by repealing "his approval" and substituting "the approval of the Chief Executive";
(b) in subsection (5) by repealing "Governor" and substituting "Chief Executive in Council".
4. Section 22C(2) is amended by repealing "Governor" and substituting "Chief Executive in Council".
5. Section 30(2C) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Section 38(7) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
7. Section 38D(2)(c) and (7)(a)(iv) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
8. Section 43(7) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Section 49Q is amended---
(a) in subsections (1), (2) and (3) by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council";
(b) in subsection (4) by repealing "立法局" where it twice appears and substituting "立法會".
10. Section 103(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
11. Section 106 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
12. Section 141D(3)(f) is amended by repealing "外地" and substituting "香港以外地方".
13. Section 222A(2)(a) and (b), (3) and (4) is amended by repealing "大法官" wherever it appears and substituting "法官".
14. Section 265 is amended---
(a) in subsection (1)(d), by repealing "Crown" and substituting "Government";
(b) in subsection (6), in the definition of "statutory debt", by repealing "or imperial enactment".
15. Section 289(2) is amended by repealing "大法官" where it twice appears and substituting "法官".
16. Section 290C is amended---
(a) in subsection (1)---
(i) by repealing "Crown" and substituting "Government";
(ii) by repealing "Crown's" and substituting "Government's";
(b) in subsection (2), by repealing "Crown" and substituting "Government";
(c) in subsections (3) and (4), by repealing "官方" and substituting "政府".
17. Section 290D(1) is amended by repealing "Crown" and substituting
"Government".
18. Section 293(1) is amended by repealing "Governor" and substituting "Chief Executive".
19. Section 294(1) is amended by repealing "(including securities issued by the Government of the United Kingdom)".
20. Section 295(2) is amended by repealing "(including securities issued by the Government of the United Kingdom)".
21. Section 296(1) and (3) is amended by repealing "立法局" and substituting "立法會".
22. Section 303 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive";
(c) in subsection (4), by repealing "Governor" and substituting "Chief Executive".
23. Section 312(b) is amended by repealing "英式".
24. Section 313(b) is amended by repealing "英式".
25. Section 333C(1)(a) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
26. Section 342C(2)(c) and (7)(a)(iv) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
27. Section 345(2)(d) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
28. The heading before section 359A is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
29. Section 359A is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
30. Section 360(1) and (2) is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
31. Section 360B is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
32. Section 360C(1) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
33. Section 360K(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
34. Section 360L(1) is amended by repealing "Governor" and substituting "Chief Executive".
35. Section 360M(2) is amended by repealing "Governor" and substituting "Chief Executive".
36. Section 360N is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
Companies (Specification of Names) Order
37. Paragraph 2 of the Companies (Specification of Names) Order (Cap. 32 sub. leg.) is amended by repealing "Governor's" and substituting "Chief Executive's".
Companies (Winding-up) Rules
38. Rule 2 of the Companies (Winding-up) Rules (Cap. 32 sub. leg.) is amended in the definition of "Official Receiver" by repealing "Governor" and substituting "Chief Executive".
39. Rule 191(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
40. Rule 192 is amended by repealing "Governor" and substituting "Chief Executive".
41. Rule 194 is amended by repealing "Governor" and substituting "Chief Executive".
42. Rule 195 is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 3 [s. 3]
Limited Partnerships Ordinance
1. Section 2(2) of the Limited Partnerships Ordinance (Cap. 37) is repealed and the following substituted---
"(2) This Ordinance shall apply to partnerships carrying on business in Hong Kong.".
2. Section 5(5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 15 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 16(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 4 [s. 3]
Money Lenders Ordinance and Its Subsidiary Legislation
Money Lenders Ordinance
1. Section 4(1) of the Money Lenders Ordinance (Cap. 163) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 24(3) is amended by repealing "立法局" and substituting "立法會".
3. Section 25(9) is amended by repealing "立法局" and substituitng "立法會".
4. Section 33C is amended by repealing "立法局" and substituting "立法會".
5. Section 34 is amended by repealing "Governor in Council" and substituting
"Chief Executive in Council".
6. Schedule 1 is amended, in Part 2, in paragraph 8(a), by repealing "立法局" and substituting "立法會".
Money Lenders Regulations
7. Regulation 2(a)(ii) of the Money Lenders Regulations (Cap. 163 sub. leg.) is amended---
(a) by adding "or Chinese" after "in the English";
(b) by repealing ", or in both the English and Chinese languages".
8. Schedule 3 is amended, in the "Summary of Part IV of the Ordinance---Excessive interest rates", by repealing "立法局" where it twice appears and substituting "立法會".
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---
Bills of Sale Ordinance (Cap. 20) Schedule 1
Companies Ordinance (Cap. 32) Schedule 2
Limited Partnerships Ordinance (Cap. 37) Schedule 3
Money Lenders Ordinance (Cap. 163) 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
