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Adaptation of Laws (No. 33) 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. 33) Ordinance 1999.
2. Commencement
(1) (a) This Ordinance, other than sections 9 and 10 of Schedule 1, 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) Sections 9 and 10 of Schedule 1 shall come into operation on the
day appointed for the commencement of Part V of the Labour Relations Ordinance (Cap. 55).
3. Amendment of Ordinances
The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.
SCHEDULE 1 [ss. 2 & 3]
Labour Relations Ordinance
1. Section 1(2) of the Labour Relations Ordinance (Cap. 55) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 10 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
3. Section 11 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 12 is amended---
(a) in subsections (1) and (2), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive".
5. Section 19(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Section 20 is amended by repealing "Governor" and substituting "Chief Executive".
7. Section 22 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
8. Section 23(1) and (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Section 35 is amended---
(a) in subsection (1), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (2)---
(i) in paragraph (b), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(ii) in paragraph (e), by repealing "Governor" and substituting "Chief Executive".
10. Section 36 is amended---
(a) in subsection (2), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (3), by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 2 [s. 3]
Employment Ordinance and Its Subsidiary Legislation
Employment Ordinance
1. Section 4B of the Employment Ordinance (Cap. 57) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
2. Section 62 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 66 is amended by repealing "Crown" and substituting "Government".
4. Section 67A is amended by repealing "立法局" and substituting "立法會".
5. Section 68 is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 73(1) is amended---
(a) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) by repealing paragraph (h).
7. The Second Schedule is amended, in Part II, in Form 2, by repealing ", in Her Majesty's name,".
Employment of Children Regulations
8. Regulation 10 of the Employment of Children Regulations (Cap. 57 sub. leg.) is repealed.
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SCHEDULE 3 [s. 3]
Contracts for Employment Outside Hong Kong Ordinance
1. The long title to the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78) is amended by repealing "區" and substituting "方".
2. Section 1 is amended by repealing "區" and substituting "方".
3. Section 4 is amended---
(a) in subsection (1), by repealing "區" and substituting "方";
(b) in subsection (2)---
(i) by repealing paragraph (b);
(ii) in paragraph (c)---
(A) by repealing "country" and substituting "place";
(B) by repealing "外地" and substituting "香港以外地方".
4. The heading to Part II is amended by repealing "區" and substituting "方".
5. Section 5(2) is amended---
(a) in paragraph (h), by repealing "country" and substituting "place";
(b) in paragraph (ia), by repealing "country" and substituting "place".
6. Section 11(1)(h) is amended by repealing "territory" wherever it appears and substituting "place".
7. Section 12(b) is amended by repealing "territory" and substituting "place".
8. Section 13(b) is amended by repealing "territory" and substituting "place".
9. Section 16 is amended---
(a) by repealing "country" and substituting "place";
(b) by repealing "外地" where it twice appears and substituting "香港以外地方".
Consequential Amendments
Labour Tribunal Ordinance
10. The Schedule to the Labour Tribunal Ordinance (Cap. 25) is amended, in paragraph 1(a), by repealing "區" and substituting "方".
Employment Ordinance
11. Section 4(2)(c) of the Employment Ordinance (Cap. 57) is amended by repealing "區" and substituting "方".
12. The Fourth Schedule is amended, in item 4, by repealing "區" and substituting "方".
Minor Employment Claims Adjudication Board Ordinance
13. The Schedule to the Minor Employment Claims Adjudication Board Ordinance (Cap. 453) is amended, in paragraphs (a)(i) and (b)(i), by repealing "區" and substituting "方".
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SCHEDULE 4 [s. 3]
Employees' Compensation Ordinance and Its Subsidiary Legislation
Employees' Compensation Ordinance
1. Section 2(3) of the Employees' Compensation Ordinance (Cap. 282) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 3 is amended, in the definition of "employer", by repealing "Her Majesty in Her Government of Hong Kong" and substituting "the Government".
3. Section 39 is amended---
(a) in subsection (2), by repealing "Crown" and substituting "State";
(b) in subsection (3), by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 45D(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 48A is amended by repealing "立法局" and substituting "立法會".
Employees' Compensation (Rules of Court) Rules
6. Rule 13 of the Employees' Compensation (Rules of Court) Rules (Cap. 282 sub. leg.) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".
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SCHEDULE 5 [s. 3]
Industrial Training (Clothing Industry) Ordinance
1. Section 2 of the Industrial Training (Clothing Industry) Ordinance (Cap. 318) is amended---
(a) in the definition of "A.T.A. Carnet", in paragraph (b), by repealing "so long as the United Kingdom adheres to it" and substituting "so long as it applies to Hong Kong";
(b) in the definition of "Commissioner"---
(i) by repealing "(總監)" and substituting "(關長)";
(ii) by repealing "海關副總監" and substituting "海關副關長";
(iii) by repealing "助理總監" and substituting "助理關長".
2. Section 3 is amended by repealing "總監" wherever it appears and substituting "關長".
3. Section 6(2) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 7 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
5. Section 8 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
6. Section 14(a) is amended by repealing "總監" and substituting "關長".
7. Section 15 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
8. Section 20 is amended---
(a) in subsection (1), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會".
9. Section 22(1) is amended by repealing "立法局" and substituting "立法會".
10. Section 23(1), (2)(a) and (c), (3)(a), (3A) and (3B) is amended by repealing "總監" wherever it appears and substituting "關長".
11. Section 24(1) and (2) is amended by repealing "總監" wherever it appears and substituting "關長".
12. Section 25(1), (2), (3), (4) and (6) is amended by repealing "總監" wherever it appears and substituting "關長".
13. Section 26(1) is amended by repealing "總監" and substituting "關長".
14. Section 27(1) and (2) is amended by repealing "總監" and substituting "關長".
15. Section 28(1), (3) and (4) is amended by repealing "總監" wherever it appears and substituting "關長".
16. Section 29(4)(b) is amended by repealing "總監" and substituting "關長".
17. Section 30(1) and (2) is amended by repealing "總監" wherever it appears and substituting "關長".
18. Section 30A is amended by repealing "總監" where it twice appears and substituting "關長".
19. Section 30B is amended by repealing "總監" and substituting "關長".
20. Section 31 is amended by repealing "總監" and substituting "關長".
21. Section 31A(1) is amended by repealing "總監" where it twice appears and substituting "關長".
22. Section 34 is amended by repealing "總監" where it twice appears and substituting "關長".
23. Section 35 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
24. Section 36 is amended---
(a) in subsection (1), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".
SCHEDULE 6 [s. 3]
Trade Unions Ordinance
1. Section 3 of the Trade Unions Ordinance (Cap. 332) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 17(3) and (3A) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 28 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
4. Section 33A(1) is amended by repealing "立法局" wherever it appears and substituting "立法會".
5. Section 59(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 7 [s. 3]
Employees Compensation Assistance Ordinance
1. Section 3 of the Employees Compensation Assistance Ordinance (Cap. 365) is amended---
(a) in subsection (2)(a) and (b), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in subsection (5), by repealing "Governor" and substituting "Chief Executive";
(c) in subsection (6), by repealing "Crown" where it twice appears and substituting "State".
2. Section 6 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 14(3) is amended by repealing "立法局" and substituting "立法會".
4. Section 15 is amended---
(a) in subsection (1), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會".
5. Section 41(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Schedule 1 is amended---
(a) in paragraph 2(2), (3) and (4), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in paragraph 3, by repealing "Governor" wherever it appears and substituting "Chief Executive".
SCHEDULE 8 [s. 3]
Employees' Compensation Insurance Levies Ordinance
1. Section 3(2) of the Employees' Compensation Insurance Levies Ordinance (Cap. 411) is amended---
(a) in paragraphs (a), (b), (c), (d), (e), (ea) and (eb), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in paragraph (f)---
(i) by repealing "Governor" where it first appears and substituting "Chief Executive";
(ii) by repealing "at the pleasure of the Governor" and substituting "at the discretion of the Chief Executive".
2. Section 4(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 12(3) is amended by repealing "立法局" and substituting "立法會".
4. Section 13 is amended---
(a) by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
5. Section 14(2) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
6. Section 23(1) is amended by repealing "Governor" and substituting "Chief Executive".
7. Section 26(1) is amended by repealing "Governor in Council" and substituting "Chief Excutive in Council".
8. Section 27 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Schedule 1 is amended---
(a) in paragraph 2, by repealing "Crown" where it twice appears and substituting "State";
(b) in paragraph 3(2)(a) and (b), (3) and (4), by repealing "Governor" and substituting "Chief Executive";
(c) in paragraph 4, by repealing "Governor" wherever it appears and substituting "Chief Executive".
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SCHEDULE 9 [s. 3]
Employees Retraining Ordinance
1. Section 3(2) of the Employees Retraining Ordinance (Cap. 423) is amended---
(a) in paragraph (a), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in paragraph (b)---
(i) by repealing "Governor" where it first appears and substituting "Chief Executive";
(ii) by repealing "at the pleasure of the Governor" and substituting "at the discretion of the Chief Executive".
2. Section 10(2) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 11(2) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 12(3) and (4) is amended by repealing "立法局" wherever it appears and substituting "立法會".
5. Section 13 is amended---
(a) by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) by repealing "立法局" where it twice appears and substituting "立法會".
6. Section 14(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
7. Section 27 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
8. Section 31(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Schedule 1 is amended---
(a) in section 2, by repealing "Crown" where it twice appears and substituting "State";
(b) in section 3(2)(a) and (b), (3) and (4), by repealing "Governor" and substituting "Chief Executive";
(c) in section 4, by repealing "Governor" wherever it appears and substituting "Chief Executive".
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SCHEDULE 10 [s. 3]
Vocational Training Council Ordinance
1. Section 5(a) of the Vocational Training Council Ordinance (Cap. 1130) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 6(1) is amended---
(a) in paragraphs (a), (b) and (c), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in paragraph (f), by repealing everything after "specified by the" and substituting "Chief Executive, or any public officer delegated with the function, duty or power under section 5(2A) of the Apprenticeship Ordinance (Cap. 47), to be designated trades under section 45 of that Ordinance;".
3. Section 8 is amended---
(a) in subsections (1)(a) and (b), (2) and (3), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (4), by repealing "at the pleasure of the Governor" and substituting "at the discretion of the Chief Executive";
(c) in subsections (5), (6) and (7), by repealing "Governor" and substituting "Chief Executive".
4. Section 9(1A) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 10(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 12(a) is amended by repealing "立法局" and substituting "立法會".
7. Section 14 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
8. Section 15 is amended by repealing "Governor" and substituting "Chief Executive".
9. Section 19 is amended---
(a) in subsection (1), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in subsection (2)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會".
10. Section 19A(3) is amended by repealing "立法局" and substituting "立法會".
11. Section 21 is amended by repealing "Crown" where it twice appears and substituting "State".
12. Section 22 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
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 10).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Labour Relations Ordinance (Cap. 55) Schedule 1
Employment Ordinance (Cap. 57) Schedule 2
Contracts for Employment Outside Hong Kong Ordinance (Cap. 78) Schedule 3
Employees' Compensation Ordinance (Cap. 282) Schedule 4
Industrial Training (Clothing Industry) Ordinance (Cap. 318) Schedule 5
Trade Unions Ordinance (Cap. 332) Schedule 6
Employees Compensation Assistance Ordinance (Cap. 365) Schedule 7
Employees' Compensation Insurance Levies Ordinance (Cap. 411) Schedule 8
Employees Retraining Ordinance (Cap. 423) Schedule 9
Vocational Training Council Ordinance (Cap. 1130) Schedule 10
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(1)) except for sections 9 and 10 of Schedule 1, which shall take effect on the day appointed for the commencement of Part V of the Labour Relations Ordinance (Cap. 55) (clause 2(2)).
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