 |
Adaptation of Laws (No. 30) 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. 30) 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]
Scout Association of Hong Kong Ordinance
1. Section 9(2) and (3) of the Scout Association of Hong Kong Ordinance (Cap. 1005) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
2. Section 13 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 2 [s. 3]
Church of England Trust Ordinance
1. The preamble of the Church of England Trust Ordinance (Cap. 1014) is amended---
(a) in paragraph (a), by repealing "the Colony" and substituting "Hong Kong";
(b) in paragraph (d), by repealing "in China" and substituting "in any other part of China";
(c) in paragraph (e), by repealing "the Colony" and substituting "Hong Kong".
2. Section 3(2) is amended---
(a) by repealing "the Colony" wherever it appears and substituting "Hong Kong";
(b) by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 4(4) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 6 is amended---
(a) in subsection (1), in the proviso, in paragraph (a)---
(i) by repealing "Crown" and substituting "Government";
(ii) by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (2)---
(i) in the proviso, in paragraph (b)---
(A) by repealing "Her Majesty the Queen, Her Heirs, Successors or Assigns" and substituting "the Government";
(B) by repealing "Governor" and substituting "Chief Executive";
(ii) in the proviso, in paragraph (c)---
(A) by repealing "Her said Majesty, Her Heirs, Successors or Assigns" and substituting "the Government";
(B) by repealing "總督" and substituting "行政長官".
5. Section 11 is amended by repealing "the Colony" and substituting "Hong Kong".
6. Section 15 is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
7. Section 18 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 3 [s. 3]
Hong Kong Girl Guides Association Ordinance
1. Section 7(2) of the Hong Kong Girl Guides Association Ordinance (Cap. 1020) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 13 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 4 [s. 3]
Po Leung Kuk Ordinance
1. Section 7(2) of the Po Leung Kuk Ordinance (Cap. 1040) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 10 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".
3. The Schedule is amended---
(a) in paragraph 2(b), by repealing "Governor" and substituting "Chief Executive";
(b) in paragraph 8(2), by repealing "Governor" and substituting "Chief Executive";
(c) in paragraph 18---
(i) in subparagraph (2)(d)---
(A) by repealing "ex officio Members or";
(B) by repealing "行政局議員" and substituting "行政會議成員";
(ii) in subparagraph (2)(e), by repealing "立法局" and substituting "立法會";
(iii) in subparagraph (3)(a), by repealing "Governor" and substituting "Chief Executive".
------------------------------
SCHEDULE 5 [s. 3]
Tung Wah Group of Hospitals Ordinance
1. Section 7(2) of the Tung Wah Group of Hospitals Ordinance (Cap. 1051) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 10 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".
3. The Schedule is amended---
(a) in paragraph 2(1)(b) and (e) and (2), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in paragraph 8(2), by repealing "Governor" and substituting "Chief Executive";
(c) in paragraph 19---
(i) in subparagraph (2)(b)---
(A) by repealing "ex officio Members or";
(B) by repealing "行政局議員" and substituting "行政會議成員";
(ii) in subparagraph (3)(a), by repealing "Governor" and substituting "Chief Executive".
SCHEDULE 6 [s. 3]
Young Men's Christian Association Ordinance
1. Section 3(1) of the Young Men's Christian Association Ordinance (Cap. 1054) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 7 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 7 [s. 3]
Church of Christ in China, Wanchai Church,
Incorporation Ordinance
1. Section 2 of the Church of Christ in China, Wanchai Church, Incorporation Ordinance (Cap. 1063) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 6 is amended---
(a) in subsection (2), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in subsection (3)---
(i) by repealing "or Deputy Colonial Secretary";
(ii) by repealing "Governor" and substituting "Chief Executive".
3. Section 15 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 8 [s. 3]
Pentecostal Holiness Church Incorporation Ordinance
1. Section 2 of the Pentecostal Holiness Church Incorporation Ordinance (Cap. 1064) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 6(2) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "the Colony" and substituting "Hong Kong".
3. Section 7 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 9 [s. 3]
Brewin Trust Fund Ordinance
1. Section 5 of the Brewin Trust Fund Ordinance (Cap. 1077) is amended---
(a) in subsection (2), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3)---
(i) by repealing "Governor shall" and substituting "Chief Executive shall";
(ii) by repealing "by the Governor at his pleasure" and substituting "at the discretion of the Chief Executive".
2. Section 7(2) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 10 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".
------------------------------
SCHEDULE 10 [s. 3]
Tsung Tsin Mission of Hong Kong Incorporation Ordinance
1. Section 2 of the Tsung Tsin Mission of Hong Kong Incorporation Ordinance (Cap. 1090) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 6(1) and (2) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
3. Section 7 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 11 [s. 3]
Caritas---Hong Kong Incorporation Ordinance
1. Section 11 of the Caritas---Hong Kong Incorporation Ordinance (Cap. 1092) 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 12 [s. 3]
Hong Kong Council of the Church of Christ in China
Incorporation Ordinance
1. Section 3 of the Hong Kong Council of the Church of Christ in China Incorporation Ordinance (Cap. 1095) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 5 is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".
3. Section 7 is amended by repealing "the Colony" and substituting "Hong Kong".
4. Section 8(1)(b) and (c) is amended by repealing "the Colony" and substituting "Hong Kong".
5. Section 10 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 13 [s. 3]
Heung Yee Kuk Ordinance
1. Section 3(3)(d)(i) of the Heung Yee Kuk Ordinance (Cap. 1097) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 6(c) is amended by repealing "of Her Majesty's Courts, whether or not within Hong Kong" and substituting "Court in Hong Kong".
3. Section 7(1) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 8(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 9(e) is amended by repealing "Governor" and substituting "Chief Executive".
------------------------------
SCHEDULE 14 [s. 3]
Prior of the Order of Cistercians of the Strict Observance
Incorporation Ordinance
1. Section 3 of the Prior of the Order of Cistercians of the Strict Observance Incorporation Ordinance (Cap. 1107) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".
2. Section 4(1) is amended, in the proviso---
(a) by repealing "the Colony" and substituting "Hong Kong";
(b) by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 6 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
4. Section 8 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 15 [s. 3]
Hong Kong Conference of Youth Organizations
Incorporation Ordinance
1. Section 3 of the Hong Kong Conference of Youth Organizations Incorporation Ordinance (Cap. 1108) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 4(c) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".
3. Section 9 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 16 [s. 3]
Li Po Chun Charitable Trust Fund Ordinance
1. Section 5(1)(b) and (c), (2), (5), (6) and (7) of the Li Po Chun Charitable Trust Fund Ordinance (Cap. 1110) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 8(2) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 10 is amended, in the proviso, by repealing "Governor" where it twice appears and substituting "Chief Executive".
4. Section 11(3) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" where it twice appears and substituting "立法會".
5. Section 14 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".
6. The Schedule is amended, in paragraph 3(1), by repealing "the Colony" and substituting "Hong Kong".
------------------------------
SCHEDULE 17 [s. 3]
Chinese Permanent Cemeteries Ordinance
1. The long title of the Chinese Permanent Cemeteries Ordinance (Cap. 1112) is amended by repealing "the Colony" and substituting "Hong Kong".
2. Section 3(2)(b), (4) and (5) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
3. Section 12 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 18 [s. 3]
Hong Kong Sea Cadet Corps Ordinance
1. Section 15 of the Hong Kong Sea Cadet Corps Ordinance (Cap. 1134) is amended---
(a) in subsection (1), by repealing "or with the Sea Cadet Corps incorporated in England by Royal Charter";
(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".
2. Section 17 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".
3. The Schedule is amended by repealing "Crown" and substituting "Government".
------------------------------
SCHEDULE 19 [s. 3]
The Spiritual Assembly of the Baha'is of Hong Kong
Incorporation Ordinance
1. Section 11(1) of The Spiritual Assembly of the Baha'is of Hong Kong Incorporation Ordinance (Cap. 1143) is amended by repealing "High Court" and substituting "Court of First Instance".
2. Section 13 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".
3. The First Schedule is amended, in paragraph 1, in the definition of "voting member", by repealing "foreign countries" and substituting "places outside Hong Kong".
------------------------------
SCHEDULE 20 [s. 3]
The Christian and Missionary Alliance (Transfer of
Hong Kong Immovable Property) Ordinance
1. Section 9 of The Christian and Missionary Alliance (Transfer of Hong Kong Immovable Property) Ordinance (Cap. 1155) 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 21 [s. 3]
Hong Kong Sheng Kung Hui Ordinance
1. Section 17 of the Hong Kong Sheng Kung Hui Ordinance (Cap. 1157) 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 22 [s. 3]
Church Body of the Hong Kong Sheng Kung Hui Ordinance
1. Section 16 of the Church Body of the Hong Kong Sheng Kung Hui Ordinance (Cap. 1158) 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 23 [s. 3]
Hong Kong Sheng Kung Hui Foundation Ordinance
1. Section 16 of the Hong Kong Sheng Kung Hui Foundation Ordinance (Cap. 1159) 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 24 [s. 3]
The Orthodox Metropolitanate of Hong Kong and South East
Asia Ordinance
1. Section 13 of The Orthodox Metropolitanate of Hong Kong and South East Asia Ordinance (Cap. 1163) 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 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 24).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Brewin Trust Fund Ordinance (Cap. 1077) Schedule 9
Caritas---Hong Kong Incorporation Ordinance Schedule 11
(Cap. 1092)
Chinese Permanent Cemeteries Ordinance (Cap. 1112) Schedule 17
The Christian and Missionary Alliance (Transfer of Schedule 20
Hong Kong Immovable Property) Ordinance
(Cap. 1155)
Church Body of the Hong Kong Sheng Kung Hui Schedule 22
Ordinance (Cap. 1158)
Church of Christ in China, Wanchai Church, Schedule 7
Incorporation Ordinance (Cap. 1063)
Church of England Trust Ordinance (Cap. 1014) Schedule 2
Heung Yee Kuk Ordinance (Cap. 1097) Schedule 13
Hong Kong Conference of Youth Organizations Schedule 15
Incorporation Ordinance (Cap. 1108)
Hong Kong Council of the Church of Christ in China Schedule 12
Incorporation Ordinance (Cap. 1095)
Hong Kong Girl Guides Association Ordinance Schedule 3
(Cap. 1020)
Hong Kong Sea Cadet Corps Ordinance (Cap. 1134) Schedule 18
Hong Kong Sheng Kung Hui Foundation Ordinance Schedule 23
(Cap. 1159)
Hong Kong Sheng Kung Hui Ordinance (Cap. 1157) Schedule 21
Li Po Chun Charitable Trust Fund Ordinance (Cap. 1110) Schedule 16
The Orthodox Metropolitanate of Hong Kong and South Schedule 24
East Asia Ordinance (Cap. 1163)
Pentecostal Holiness Church Incorporation Ordinance Schedule 8
(Cap. 1064)
Po Leung Kuk Ordinance (Cap. 1040) Schedule 4
Prior of the Order of Cistercians of the Strict Observance Schedule 14
Incorporation Ordinance (Cap. 1107)
Scout Association of Hong Kong Ordinance (Cap. 1005) Schedule 1
The Spiritual Assembly of the Baha'is of Hong Kong Schedule 19
Incorporation Ordinance (Cap. 1143)
Tsung Tsin Mission of Hong Kong Incorporation Schedule 10
Ordinance (Cap. 1090)
Tung Wah Group of Hospitals Ordinance (Cap. 1051) Schedule 5
Young Men's Christian Association Ordinance Schedule 6
(Cap. 1054)
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).
|