Adaptation of Laws (No. 31) 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. 31) Ordinance 1999.

2. Commencement

(1) (a) This Ordinance, except as provided in subsection (2), shall be deemed to have come into operation on 1 July 1997.

(b) Paragraph (a) 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).

(2) The following provisions shall come into operation at the beginning of the day on which this Ordinance is published in the Gazette---

(a) sections 1, 2, 3(a), 5(b)(ii), 6, 7(a), 15, 17 and 20 of Schedule 4;

(b) sections 1, 18, 21, 27, 28, 29 and 30 of Schedule 5;

(d) sections 4(b), 5, 8, 10, 11, 12, 13, 14, 15 and 16 of Schedule 9;

(e) section 7 of Schedule 11.

3. Amendment of Ordinances

The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.

SCHEDULE 1 [s. 3]

Port Control (Cargo Working Areas) Ordinance

and Its Subsidiary Legislation

Port Control (Cargo Working Areas) Ordinance

1. Section 6(1) of Port Control (Cargo Working Areas) Ordinance (Cap. 81) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Port Control (Cargo Working Areas) Regulations

2. Regulation 2 of the Port Control (Cargo Working Areas) Regulations (Cap. 81 sub. leg.) is amended, in the definition of "China trade cargo", by repealing "The People's Republic of China" and substituting "Mainland of China".

3. Regulation 5C(6)(a) is amended by repealing "The People's Republic of China" and substituting "Mainland of China".

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SCHEDULE 2 [s. 3]

Stowaways Ordinance

1. Section 3 of the Stowaways Ordinance (Cap. 83) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

2. Section 4 is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

3. Section 5 is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

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SCHEDULE 3 [s. 3]

Pilotage Ordinance and Its Subsidiary Legislation

Pilotage Ordinance

1. Section 4(2)(b), (3), (4) and (5) of the Pilotage Ordinance (Cap. 84) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

2. Section 6(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 10C(5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 10D(2)(a) is amended by adding "other" before "Chinese".

5. Section 21 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Pilotage Regulations

6. Regulation 8(1) of the Pilotage Regulations (Cap. 84 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".

7. Regulation 9(a) is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 4 [ss. 2 & 3]

Merchant Shipping Ordinance and Its Subsidiary Legislation

Merchant Shipping Ordinance

1. The long title to the Merchant Shipping Ordinance (Cap. 281) is amended by repealing ", to remove anomalies and out-moded provisions therefrom, and incorporate therein amendments consequential upon the application to Hong Kong of the Merchant Shipping (Safety Convention) Act 1949" and substituting "and to remove anomalies and out-moded provisions therefrom".

2. Section 2 is amended---

(a) by repealing the definitions of "accepted Safety Convention certificate", "Merchant Shipping Acts", "Minister", "principal Act", "Safety Convention country", "Safety Convention ship" and "non-Convention country";

(b) in the definitions of "tons" and "tonnage", by repealing "British measurement of registered tonnage" and substituting "the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg.)".

3. Section 51 is amended---

(a) in subsection (2), by repealing "the Merchant Shipping Acts to inspectors appointed by the Minister" and substituting "section 115 of the Merchant Shipping (Safety) Ordinance (Cap. 369)";

(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive".

4. Section 52 is amended---

(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (2)---

(i) by repealing "Governor" and substituting "Chief Executive";

(ii) by repealing "British mercantile marine" where it twice appears and substituting "Hong Kong mercantile marine";

(i) by repealing "Governor" and substituting "Chief Executive";

(ii) in the proviso, by repealing "Crown" and substituting "Government".

5. Section 53 is amended---

(a) in subsection (1)(a), (b), (c), (ca), (d), (f) and (g), by repealing "or British ship" wherever it appears;

(b) in subsection (2)---

(i) by repealing paragraphs (a), (c), (d) and (f);

(ii) by repealing "the Merchant Shipping Acts to inspectors appointed by the Minister" and substituting "section 115 of the Merchant Shipping (Safety) Ordinance (Cap. 369)";

(d) by repealing subsection (4).

6. Section 54 is amended by repealing "the Merchant Shipping Acts to inspectors appointed by the Minister" and substituting "section 115 of the Merchant Shipping (Safety) Ordinance (Cap. 369)".

7. Section 55 is amended---

(a) in subsection (1)(b), by repealing "Merchant Shipping Acts" and substituting "Merchant Shipping (Safety) Ordinance (Cap. 369)";

(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive";

8. Section 56(1) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "大" before "法官".

9. Section 58(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Section 92(4) is amended by repealing everything after "a duly certificated trawling master" where it first appears and substituting a fullstop.

11. Section 94(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

12. Section 107B(3) is amended, in the definition of "authorized insurer", in paragraph (b), by repealing "Governor in Council" and substituting "Chief Executive in Council".

13. Section 114(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

14. Section 115 is amended---

(a) in subsections (1) and (2), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (3), by repealing "Governor in Council" and substituting "Chief Executive in Council".

15. Section 117 is amended---

(a) by repealing subsection (1);

(b) in subsection (2), by repealing "under any of the said Acts or".

16. Section 118(1) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) in the proviso---

(i) by repealing "Governor" and substituting "Chief Executive";

(ii) by repealing "立法局" and substituting "立法會".

17. Section 119 is repealed.

Merchant Shipping (Fees) Regulations

18. Regulation 10 of the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg.) is amended by repealing "British".

19. Regulation 11A is amended by repealing "Crown" and substituting "Government".

20. Regulation 12 is amended---

(a) in subregulation (1), by repealing "a British Government department" and substituting "a department of the Central People's Government";

(b) in subregulation (2), by repealing "Hong Kong Government department or public body" and substituting "department of the Government of the Hong Kong Special Administrative Region, any public body".

21. The Schedule is amended, in Part II, in Section K---

(a) in items 1, 2 and 3---

(i) by repealing "recommendations of the Report of the Department of Trade Standing Advisory Committee on the Carriage of Dangerous Goods in Ships" and substituting "Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg.)";

(ii) by repealing "the recommendations of the report" and substituting "that Regulation";

(b) in item 4, by repealing "recommendations of the Report of the Department of Trade Standing Advisory Committee on the Carriage of Dangerous Goods in Ships" and substituting "Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg.)".

Merchant Shipping (Marine Courts) Regulations

22. Regulation 24 of the Merchant Shipping (Marine Courts) Regulations (Cap. 281 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 5 [ss. 2 & 3]

Shipping and Port Control Ordinance and Its

Subsidiary Legislation

Shipping and Port Control Ordinance

1. Section 2 of the Shipping and Port Control Ordinance (Cap. 313) is amended, in the definition of "tons" and "tonnage", by repealing "British measurement of registered tonnage" and substituting "the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg.)".

2. Section 11B(6) is amended by repealing "Governor" and substituting "Director".

3. Section 21(7) is amended by repealing "Crown" and substituting "Government".

4. Section 33 is amended---

(a) in subsection (1), by repealing "Governor in Council" and substituting "Chief Executive in Council";

(b) in subsection (1A)(c), by repealing "Crown" and substituting "Government".

5. Section 34(1) is amended by repealing "Crown" and substituting "Government".

6. Section 35(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. Section 51(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 57 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

9. Section 58(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Section 66 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

11. Section 80(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Shipping and Port Control Regulations

12. Regulation 22(1)(c) of the Shipping and Port Control Regulations (Cap. 313 sub. leg.) is amended by repealing "a British ship or".

13. Regulation 60(8) is amended by repealing "Crown" and substituting "Government".

14. Regulation 72(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Shipping and Port Control (Dwelling Vessels) Regulations

15. Regulation 2 of the Shipping and Port Control (Dwelling Vessels) Regulations (Cap. 313 sub. leg.) is amended, in the definition of "closed area", by repealing "by the Governor".

16. Regulation 17(4) is amended by repealing "Crown" and substituting "Government".

Shipping and Port Control (Typhoon Shelters) Regulations

17. Regulation 13 of the Shipping and Port Control (Typhoon Shelters) Regulations (Cap. 313 sub. leg.) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

Merchant Shipping (Launches and Ferry Vessels) Regulations

18. Regulation 37(1) of the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 313 sub. leg.) is amended by repealing "English characters" and substituting "English and Chinese characters".

Merchant Shipping (Miscellaneous Craft) Regulations

19. Regulation 24(2) of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".

20. Regulation 34(4) is amended by repealing "Crown" and substituting "Government".

Shipping and Port Control (Hong Kong---China and

Macau Ferry Terminals) Regulations

21. Regulation 1 of the Shipping and Port Control (Hong Kong---China and Macau Ferry Terminals) Regulations (Cap. 313 sub. leg.) is amended by repealing "Hong Kong---China and Macau".

22. Regulation 2 is amended, in the definition of "ferry vessel", in paragraph (b), by adding "other" before "place".

23. Regulation 3(1) is amended by repealing "Governor" and substituting "Chief Executive".

Hong Kong---Macau Ferry Terminal Boundaries Order

24. Paragraph 2 of the Hong Kong---Macau Ferry Terminal Boundaries Order (Cap. 313 sub. leg.) is amended by repealing "China" where it twice appears and substituting "any other place in China".

Shipping and Port Control Ordinance (Exemption)

(1984--89 Consolidation) Notice

25. Schedule 1 to the Shipping and Port Control Ordinance (Exemption) (1984--89 Consolidation) Notice (Cap. 313 sub. leg.) is amended, in Part VI, in item 1, by repealing "People's Republic of China" and substituting "Mainland of China".

China Ferry Terminal Boundaries Order

26. Paragraph 1 of the China Ferry Terminal Boundaries Order (Cap. 313 sub. leg.) is amended by repealing "China or Macau" where it twice appears and substituting "Macau or any other place in China".

Consequential Amendments

Import and Export Ordinance

27. Section 6E(5)(e) of the Import and Export Ordinance (Cap. 60) is amended by repealing "Hong Kong---China and Macau".

Export (Prescribed Articles) Regulations

28. Regulation 4 of the Export (Prescribed Articles) Regulations (Cap. 60 sub. leg.) is amended by repealing "Hong Kong---China and Macau".

Immigration (Anchorages and Landing Places) Order

29. Paragraph 2(a) of the Immigration (Anchorages and Landing Places) Order (Cap. 115 sub. leg.) is amended by repealing "Hong Kong---China and Macau".

Public Health and Municipal Services Ordinance

30. Section 104E(1)(e) of the Public Health and Municipal Services Ordinance (Cap. 132) is amended by repealing "Hong Kong---China and Macau".

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SCHEDULE 6 [s. 3]

Marine Insurance Ordinance

1. Section 92(1) of the Marine Insurance Ordinance (Cap. 329) is amended by repealing "Crown" and substituting "Government".

SCHEDULE 7 [ss. 2 & 3]

Merchant Shipping (Prevention and Control of Pollution)

Ordinance and Its Subsidiary Legislation

Merchant Shipping (Prevention and Control

of Pollution) Ordinance

1. Section 3(5)(vi) of Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413) is amended by repealing "Crown" and substituting "State".

Merchant Shipping (Prevention of Oil

Pollution) Regulations

2. Regulation 1(2) of the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg.) is amended---

(a) in the definition of "Certifying Authority", by repealing everything after "Services" and substituting a semi-colon;

(b) in the definition of "Merchant Shipping Notice", by repealing "United Kingdom Department of Transport and published by Her Majesty's Stationery Office" and substituting "Director";

3. Regulation 4(4) is amended by repealing "M 1076" and substituting "1012".

4. Regulation 5(3) is amended by repealing "M 1076" and substituting "1012".

5. Regulation 6(3) is amended by repealing "M 1076" and substituting "1012".

6. Regulation 22(1)(b)(ii) and (2)(b) is amended by repealing "Secretary of State" and substituting "Director".

7. Regulation 23(1)(b) is amended by repealing "Secretary of State" and substituting "Director".

8. Schedule 7 is amended, in paragraph 6.6, by repealing "Merchant Shipping (Fire Appliances) Regulations 1980, as adopted by section 111 of the Merchant Shipping (Safety) Ordinance (Cap. 369)" and substituting "Merchant Shipping (Safety) (Fire Protection) (Ships Built Before 25 May 1980) Regulations (Cap. 369 sub. leg.), Merchant Shipping (Safety) (Fire Appliances)(Ships Built On or After 25 May 1980 but Before 1 September 1984) Regulations (Cap. 369 sub. leg.), or Merchant Shipping (Safety) (Fire Protection) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg.), as appropriate".

Merchant Shipping (Control of Pollution by Noxious Liquid

Substances in Bulk) Regulations

9. Regulation 1(2) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg.) is amended, in the definition of "Merchant Shipping Notice", by repealing "United Kingdom Department of Transport and published by Her Majesty's Stationery Office" and substituting "Director".

10. Regulation 23(2) is repealed and the following substituted---

"(2) Every such survey shall be carried out by a surveyor appointed by the Director under regulation 2A or by the Secretary for Economic Services under section 5 of the Merchant Shipping (Safety) Ordinance (Cap. 369), and application for such a survey shall be made by or on behalf of the owner to the Director.".

11. Regulation 24(3)(c) is amended by repealing "non-British" and substituting "non-Hong Kong".

Merchant Shipping (Reporting of Pollution

Incidents) Regulations

12. Regulation 2 of the Merchant Shipping (Reporting of Pollution Incidents) Regulations (Cap. 413 sub. leg.) is amended---

(a) in the definition of "the IMDG Code", by repealing "Secretary of State" and substituting "Director";

(b) in the definition of "Merchant Shipping Notice", by repealing "Department of Transport of the United Kingdom" and substituting "Director".

Merchant Shipping (BCH Code) Regulations

13. Regulation 4(2) of the Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg.) is repealed and the following substituted---

14. Regulation 5(2)(c) is amended by repealing "non-British" and substituting "non-Hong Kong".

Merchant Shipping (IBC Code) Regulations

15. Regulation 4(2) of the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg.) is repealed and the following substituted---

16. Regulation 5(2)(c) is amended by repealing "non-British" and substituting "non-Hong Kong".

Merchant Shipping (Safety) (Dangerous Goods

and Marine Pollutants) Regulation

17. Regulation 1(1) of the Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg.) is amended by repealing the definition of "Merchant Shipping Notice (UK)" and substituting---

""Merchant Shipping Notice" (商船公告) means a notice issued by the Director and designated by
an identifying number as a Merchant Shipping Notice;".

18. Regulation 2(2) is amended by repealing "territorial".

19. Regulation 3(4) is amended by repealing "M1213 (UK)" and substituting "1014".

20. Regulation 22(2)(f) is amended by repealing "M1435, M1493 or M1437(UK)" and substituting "1015, 1016 or 1017".

Merchant Shipping (Prevention and Control of Pollution) (Charges for

Discharge of Polluting Waste) Regulation

21. Section 6 of the Merchant Shipping (Prevention and Control of Pollution) (Charges for Discharge of Polluting Waste) Regulation (Cap. 413 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

SCHEDULE 8 [s. 3]

Merchant Shipping (Liability and Compensation

for Oil Pollution) Ordinance

1. Section 3 of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap. 414) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 15(5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

3. Section 16(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 22(3) is amended by repealing "Governor" and substituting "Chief Executive".

5. Section 23(8) is amended---

(a) by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council";

(b) by repealing "Governor" and substituting "Chief Executive".

6. Section 24(1) and (4) is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 31(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 32(1)(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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SCHEDULE 9 [ss. 2 & 3]

Merchant Shipping (Registration) Ordinance

and Its Subsidiary Legislation

Merchant Shipping (Registration) Ordinance

1. Section 6(2) of the Merchant Shipping (Registration) Ordinance (Cap. 415) is amended by repealing "Crown" and substituting "Government".

2. Section 13 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

3. Section 15(1) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 16 is amended---

(a) in subsection (1), by repealing "Governor in Council" and substituting "Chief Executive in Council";

(b) by repealing subsection (3) and substituting---

"(3) (a) A ship shall have a name which may be either in English alphabetic characters or in Chinese characters and which may include numerals:

Provided that where the name is in Chinese characters, the phonetically corresponding name in the English alphabet shall also be shown.

(b) If a ship has a name in both English and Chinese characters, each shall be a separate name for the purposes of this section and section 17.".

5. Section 18(1)(a) is amended by adding "and (if appropriate) Chinese characters" after "letters" wherever it appears.

6. Section 90(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. Section 92 is amended by repealing "Governor" and substituting "Chief Executive".

8. Section 103 is repealed.

9. Section 104(1)(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

10. Schedule 3 is amended, in column 2, by repealing "103,".

11. Schedule 4 is amended, in column 2, by repealing "103,".

12. Schedule 5 is amended, in Part 3, in paragraph 1, by repealing everything after "Hong Kong" and substituting a fullstop.

Merchant Shipping (Registration) (Ships' Names) Regulations

13. Regulation 3 of the Merchant Shipping (Registration) (Ships' Names) Regulations (Cap. 415 sub. leg.) is amended by adding "unless the phonetically corresponding name in the English alphabet is also registered" after "alone".

Merchant Shipping (Registration) (Tonnage) Regulations

14. Regulation 2 of the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg.) is amended, in the definition of "moulded draught", in paragraph (b), by repealing "Merchant Shipping (Passenger Ship Construction) Regulations 1980" and substituting "Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) Regulations (Cap. 369 sub. leg.) or the Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg.) (as appropriate)".

15. Regulation 11(2) is amended by repealing "Merchant Shipping (Passenger Ship Construction) Regulations 1980" and substituting "Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) Regulations (Cap. 369 sub. leg.) or the Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg.) (as appropriate)".

16. Schedule 5 is amended, in Part IV, in paragraph 16(1), by repealing "the Royal Yachting Association or the Yacht Brokers, Designers and Surveyors Association being organizations" and substituting "any organization".

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SCHEDULE 10 [s. 3]

Carriage of Goods by Sea Ordinance and

Its Subsidiary Legislation

Carriage of Goods by Sea Ordinance

1. Section 4(1) of the Carriage of Goods by Sea Ordinance (Cap. 462) is amended by repealing "Governor" and substituting "Chief Executive".

Carriage of Goods by Sea (Parties to Convention) Order 1985

2. The Schedule to the Carriage of Goods by Sea (Parties to Convention) Order 1985 (Cap. 462 sub. leg.) is amended---

(a) by repealing---

"Hong Kong 1st February 1981";

(b) by adding---

"The People's Hong Kong Special 1st July 1997".

Republic of China Administrative Region

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SCHEDULE 11 [ss. 2 & 3]

Merchant Shipping (Seafarers) Ordinance and Its

Subsidiary Legislation

Merchant Shipping (Seafarers) Ordinance

1. Section 18(2) and (3) of the Merchant Shipping (Seafarers) Ordinance (Cap. 478) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 112(3) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 114(3), (4) and (5) is amended by repealing "High Court" and substituting "Court of First Instance".

4. Section 135(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

Merchant Shipping (Seafarers) (Safety Officials and Reporting of

Accidents and Dangerous Occurrences) Regulation

5. Section 3(2) of the Merchant Shipping (Seafarers) (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulation (Cap. 478 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

Merchant Shipping (Seafarers) (Conduct of Inquiries) Rules

6. Rule 2 of the Merchant Shipping (Seafarers) (Conduct of Inquiries) Rules (Cap. 478 sub. leg.) is
amended, in the definition of "獲委任人", by repealing "首席大法官" and substituting
"終審法院首席法官".

Merchant Shipping (Seafarers) (Fees) Regulation

7. The Schedule to the Merchant Shipping (Seafarers) (Fees) Regulation (Cap. 478 sub. leg.) is amended, in Part III, in item 6(e), by repealing ", United Kingdom or Commonwealth government departments" and substituting "government departments or a department of the Central People's Government".

SCHEDULE 12 [s. 3]

Nuclear Material (Liability for Carriage) Ordinance

1. Section 2 of the Nuclear Material (Liability for Carriage) Ordinance (Cap. 479) is amended---

(a) in subsection (1), in the definition of "relevant territory", by repealing "country or territory" and substituting "country, territory or place";

(b) in subsection (3)---

(i) in paragraph (c), by repealing "country or territory" and substituting "country, territory or place";

(ii) by repealing "Governor" and substituting "Chief Executive";

2. Section 3(c) is amended by repealing "country or territory" and substituting "country, territory or place".

3. Section 6(2)(b) is amended by repealing "country or territory" where it twice appears and substituting "country, territory or place".

4. Section 10 is amended---

(a) in subsections (1) and (4), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (5), by repealing "country or place" where it twice appears and substituting "country, territory or place".

5. Section 11(2) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 13 is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 13 [s. 3]

Merchant Shipping (Liner Conferences) Ordinance

1. Section 5 of the Merchant Shipping (Liner Conferences) Ordinance (Cap. 482) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "a Secretary of State" where it twice appears and substituting "the Central People's Government";

2. Section 11(1) and (2) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

3. Section 13(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 14(1) and (2) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

5. Section 15(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

6. Section 16 is amended by repealing "Governor" and substituting "Chief Executive".

7. Schedule 2 is amended---

(a) in the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations, in regulation 1, in the definitions of "representative of shippers", "shipper" and "shippers' organizations", by repealing "Governor" and substituting "Chief Executive";

(b) in the Schedule to the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations, in the Annex to the Table of Mandatory Provisions---

(i) in paragraph 2, by repealing "United Kingdom" and substituting "People's Republic of China";

(ii) in paragraph 12, by repealing "Governor" where it twice appears and substituting "Chief Executive".

8. Schedule 3 is amended, in the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations, in regulations 3 and 5, by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 14 [s. 3]

Merchant Shipping (Collision Damage Liability

and Salvage) Ordinance

1. Schedule 1 to the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance (Cap. 508) is amended, in Part II, in paragraph 8(1), by repealing "Governor" and substituting "Chief Executive".

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 14).

2. The Ordinances adapted and their respective Schedule numbers under the Bill are---

Port Control (Cargo Working Areas) Ordinance (Cap. 81) Schedule 1

Stowaways Ordinance (Cap. 83) Schedule 2

Pilotage Ordinance (Cap. 84) Schedule 3

Merchant Shipping Ordinance (Cap. 281) Schedule 4

Shipping and Port Control Ordinance (Cap. 313) Schedule 5

Marine Insurance Ordinance (Cap. 329) Schedule 6

Merchant Shipping (Prevention and Control of Pollution) Schedule 7

Ordinance (Cap. 413)

Merchant Shipping (Liability and Compensation for Oil Schedule 8

Pollution) Ordinance (Cap. 414)

Merchant Shipping (Registration) Ordinance (Cap. 415) Schedule 9

Carriage of Goods by Sea Ordinance (Cap. 462) Schedule 10

Merchant Shipping (Seafarers) Ordinance (Cap. 478) Schedule 11

Nuclear Material (Liability for Carriage) Ordinance Schedule 12

(Cap. 479)

Merchant Shipping (Liner Conferences) Ordinance Schedule 13

(Cap. 482)

Merchant Shipping (Collision Damage Liability and Schedule 14

Salvage) Ordinance (Cap. 508)

3. The Bill also provides that the adaptations (except those referred to in clause 2(2)) when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2).