Adaptation of Laws (No. 32) 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. 32) 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]

Education Ordinance and Its Subsidiary Legislation
Education Ordinance

1. The long title to the Education Ordinance (Cap. 279) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 6 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

3. Section 7(2) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 7A is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

5. Section 9(2) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

6. Section 59(2) and (8) is amended by repealing "Governor" and substituting "Chief Executive".

7. Section 65 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 66(2)(b) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

9. Section 75 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

10. Section 79 is amended by repealing "Governor" and substituting "Chief Executive".

11. Section 84(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

12. Section 85 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".

13. Section 91(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Education Regulations

14. Regulation 93(1) of the Education Regulations (Cap. 279 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

15. The Third Schedule is amended---

(a) in Form 6, in Note 3---

(i) by repealing "行政局" and substituting "行政會議";

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

(b) in Form 8, in Note 3---

(i) by repealing "行政局" and substituting "行政會議";

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

(i) by repealing "行政局" and substituting "行政會議";

(ii) by repealing "立法局" and substituting "立法會".
Grant Schools Provident Fund Rules

16. Rule 11(1)(b)(ii) of the Grant Schools Provident Fund Rules (Cap. 279 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

17. Rule 12(5) is amended by repealing "Governor" and substituting "Chief Executive".

18. Rule 15(2) is amended by repealing "Governor" and substituting "Chief Executive".

19. Rule 16 is amended by repealing "Governor" and substituting "Chief Executive".

Subsidized Schools Provident Fund Rules

20. Rule 11(1)(b)(ii) of the Subsidized Schools Provident Fund Rules (Cap. 279 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

21. Rule 12(5) is amended by repealing "Governor" and substituting "Chief Executive".

22. Rule 16(2) is amended by repealing "Governor" and substituting "Chief Executive".

23. Rule 17 is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 2 [s. 3]

Non-local Higher and Professional Education
(Regulation) Ordinance

1. Section 26(2), (5) and (7) of the Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 30(2) is amended by repealing "Governor" and substituting "Chief Executive".

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SCHEDULE 3 [s. 3]

Chater Masonic Scholarship Fund Ordinance and
Its Subsidiary Legislation
Chater Masonic Scholarship Fund Ordinance

1. Section 6 of the Chater Masonic Scholarship Fund Ordinance (Cap. 1007) 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". Chater Masonic Scholarship Fund By-laws

2. By-law 4 of the Chater Masonic Scholarship Fund By-laws (Cap. 1007 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 4 [s. 3]

Diocesan School and Orphanage Incorporation Ordinance

1. Section 2 of the Diocesan School and Orphanage Incorporation Ordinance (Cap. 1017) is amended---

(a) by repealing "this Colony" and substituting "Hong Kong";

(b) by repealing "the Colony" where it twice appears and substituting "Hong Kong".

2. Section 4 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".

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SCHEDULE 5 [s. 3]

Morrison Scholarships Fund Ordinance

1. Section 14 of the Morrison Scholarships Fund Ordinance (Cap. 1037) 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".

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SCHEDULE 6 [s. 3]

St. Joseph's College Incorporation Ordinance

1. Section 2 of the St. Joseph's College Incorporation Ordinance (Cap. 1048) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 3(a) and (c) is amended by repealing "the Colony" and substituting "Hong Kong".

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

4. Section 6 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. 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".

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SCHEDULE 7 [s. 3]

St. Stephen's College Incorporation Ordinance

1. Section 2 of the St. Stephen's College Incorporation Ordinance (Cap. 1049) is amended---

(a) in subsection (1), by repealing "the Colony" and substituting "Hong Kong";

(b) in subsection (2)(d), by repealing "the Colony of".

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

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 8 [s. 3]

Institute of the Marist Brothers of the Schools
Incorporation Ordinance

1. Section 2 of the Institute of the Marist Brothers of the Schools Incorporation Ordinance (Cap. 1065) 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".

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SCHEDULE 9 [s. 3]

Portuguese Community Education and Welfare
Foundation Incorporation Ordinance

1. Section 3 of the Portuguese Community Education and Welfare Foundation Incorporation Ordinance (Cap. 1071) is amended by repealing "the Colony" and substituting "Hong Kong".

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

3. 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".

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SCHEDULE 10 [s. 3]

Education Scholarships Fund Ordinance

1. Section 4(2) of the Education Scholarships Fund Ordinance (Cap. 1085) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

2. Section 5 is amended---

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

(b) in subsection (3)---

(i) by repealing "Governor" where it twice appears and substituting "Chief Executive";

(ii) by repealing "pleasure" and substituting "discretion".

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

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

5. Section 9 is amended---

(a) in subsections (1) and (5), by repealing "Governor" and substituting "Chief Executive";

(b) in subsection (6)---

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

(ii) by repealing "立法局" where it twice appears and substituting "立法會".

6. Section 18 is amended by repealing "the Colony" and substituting "Hong Kong".

7. Section 21 is amended by repealing "of the Colony".

8. Section 22 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".

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SCHEDULE 11 [s. 3]

Hong Kong Tramways Educational Trust Fund Ordinance

1. Section 4(1) of the Hong Kong Tramways Educational Trust Fund Ordinance (Cap. 1091) is amended by repealing "the Colony" and substituting "Hong Kong".

2. 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".

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SCHEDULE 12 [s. 3]

Munsang College Incorporation Ordinance and
Its Subsidiary Legislation
Munsang College Incorporation Ordinance

1. Section 2 of the Munsang College Incorporation Ordinance (Cap. 1094) is amended by repealing "the Colony" and substituting "Hong Kong".

2. 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".

Munsang College Rules

3. Rule 9(2) of the Munsang College Rules (Cap. 1094 sub. leg.) is amended by repealing "the Colony of".

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SCHEDULE 13 [s. 3]

Director of Education Incorporation Ordinance

1. Section 5(1) of the Director of Education Incorporation Ordinance (Cap. 1098) is amended, in the proviso, by repealing "Governor" and substituting "Chief Executive".

2. Section 8 is amended---

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

(b) in subsection (6), by repealing "立法局" and substituting "立法會".

SCHEDULE 14 [s. 3]

Council of Heep Yunn School Incorporation Ordinance

1. Section 3 of the Council of Heep Yunn School Incorporation Ordinance (Cap. 1099) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4 is amended---

(a) in paragraph (b), in the proviso---

(i) by repealing "the Colony" and substituting "Hong Kong";

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

(b) in paragraph (d)---

(i) by repealing "the Colony or elsewhere within the British Commonwealth" where it twice appears and substituting "Hong Kong or elsewhere";

(ii) by repealing "British Commonwealth government" and substituting "other government";

(iii) by repealing "tenements in the Colony" and substituting "tenements in 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".

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SCHEDULE 15 [s. 3]

St. Paul's College Council Incorporation Ordinance

1. Section 3 of the St. Paul's College Council Incorporation Ordinance (Cap. 1102) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(1)(e) is amended by repealing "the British Commonwealth" and substituting "Hong Kong or elsewhere".

3. Section 6(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 8(2) is amended by repealing "the Colony" and substituting "Hong Kong".

5. 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".

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SCHEDULE 16 [s. 3]

Council of St. Paul's Co-educational College
Incorporation Ordinance

1. Section 3 of the Council of St. Paul's Co-educational College Incorporation Ordinance (Cap. 1104) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(d) is amended---

(a) by repealing "the Colony or elsewhere within the British Commonwealth" where it twice appears and substituting "Hong Kong or elsewhere";

(b) by repealing "British Commonwealth government" and substituting "other government";

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SCHEDULE 17 [s. 3]

The English Schools Foundation Ordinance

1. Section 3 of The English Schools Foundation Ordinance (Cap. 1117) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(2) is amended by repealing "the Colony" and substituting "Hong Kong".

3. Section 10(2) is amended by repealing "立法局" and substituting "立法會".

4. Section 12(1)(a) is amended by repealing "English".

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".

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SCHEDULE 18 [s. 3]

The St. Stephen's Girls' College Council
Incorporation Ordinance

1. Section 3 of The St. Stephen's Girls' College Council Incorporation Ordinance (Cap. 1121) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(d) is amended---

(a) by repealing "the Colony or elsewhere within the British Commonwealth" where it twice appears and substituting "Hong Kong or elsewhere";

(b) by repealing "British Commonwealth government" and substituting "other government";

3. Section 11 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".

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SCHEDULE 19 [s. 3]

Diocesan Boys' School Committee Incorporation Ordinance

1. Section 3 of the Diocesan Boys' School Committee Incorporation Ordinance (Cap. 1123) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(d) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

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SCHEDULE 20 [s. 3]

Council of the Diocesan Girls' School
Incorporation Ordinance

1. Section 3 of the Council of the Diocesan Girls' School Incorporation Ordinance (Cap. 1124) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(d) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

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SCHEDULE 21 [s. 3]

Diocesan Preparatory School Council
Incorporation Ordinance

1. Section 3 of the Diocesan Preparatory School Council Incorporation Ordinance (Cap. 1125) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(d) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

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SCHEDULE 22 [s. 3]

Hong Kong Council for Academic Accreditation Ordinance

1. Section 2(1) of the Hong Kong Council for Academic Accreditation Ordinance (Cap. 1150) is amended---

(a) in the definition of "Chairman", by repealing "Governor" and substituting "Chief Executive";

(b) in the definition of "Secretary" -

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

(ii) by repealing "(統籌司)" and substituting "(局長)".

2. Section 3(2)(a), (3)(a)(ii), (b)(ii) and (c), (4), (5) and (7) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 4(a)(ii) and (iii) and (g) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 5(e), (g) and (l) is amended by repealing "統籌司" and substituting "局長".

5. Section 6 is amended---

(a) in subsection (1)(b), by repealing "統籌司" and substituting "局長";

(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".

6. Section 7 is amended by repealing "統籌司" and substituting "局長".

7. Section 9(1), (2) and (3) is amended by repealing "統籌司" and substituting "局長".

8. Section 10 is amended by repealing "統籌司" and substituting "局長".

9. Section 11(d) is amended by repealing "立法局" and substituting "立法會".

10. Section 12 is amended by repealing "統籌司" where it twice appears and substituting "局長".

11. Section 13 is amended by repealing "統籌司" wherever it appears and substituting "局長".

12. Section 16(3) is amended by repealing "立法局" and substituting "立法會".

13. Section 17 is amended---

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

(b) by repealing "統籌司" and substituting "局長";

14. Section 19 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

15. Section 24 is amended by repealing "Crown" where it twice appears and substituting "State".

16. Section 25 is amended by repealing "Governor" and substituting "Chief Executive".

17. Schedule 2 is amended---

(a) in paragraph 2(2) and (3), by repealing "Governor" where it twice appears and substituting "Chief Executive";

(b) in paragraph 3, 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 22).

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

Chater Masonic Scholarship Fund Ordinance (Cap. 1007) Schedule 30

Council of Heep Yunn School Incorporation Ordinance Schedule 14 (Cap. 1099)

Council of St. Paul's Co-educational College Schedule 16
Incorporation Ordinance (Cap. 1104)

Council of the Diocesan Girls' School Incorporation Schedule 20
Ordinance (Cap. 1124)

Diocesan Boys' School Committee Incorporation Schedule 19
Ordinance (Cap. 1123)

Diocesan Preparatory School Council Incorporation Schedule 21
Ordinance (Cap. 1125)

Diocesan School and Orphanage Incorporation Ordinance Schedule 40
(Cap. 1017)

Director of Education Incorporation Ordinance (Cap. 1098) Schedule 13

Education Ordinance (Cap. 279) Schedule 10

Education Scholarships Fund Ordinance (Cap. 1085) Schedule 10

The English Schools Foundation Ordinance (Cap. 1117) Schedule 17

Hong Kong Council for Academic Accreditation Schedule 22
Ordinance (Cap. 1150)

Hong Kong Tramways Educational Trust Fund Schedule 11
Ordinance (Cap. 1091)

Institute of the Marist Brothers of the Schools Schedule 80

Incorporation Ordinance (Cap. 1065)

Morrison Scholarships Fund Ordinance (Cap. 1037) Schedule 50

Munsang College Incorporation Ordinance (Cap. 1094) Schedule 12

Non-local Higher and Professional Education (Regulation) Schedule 20
Ordinance (Cap. 493)

Portuguese Community Education and Welfare Foundation Schedule 90
Incorporation Ordinance (Cap. 1071)

St. Joseph's College Incorporation Ordinance (Cap. 1048) Schedule 60

St. Paul's College Council Incorporation Ordinance Schedule 15
(Cap. 1102)

St. Stephen's College Incorporation Ordinance (Cap. 1049) Schedule 70

The St. Stephen's Girls' College Council Incorporation Schedule 18
Ordinance (Cap. 1121)

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).