Adaptation of Laws (No. 28) 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. 28) Ordinance 1999.

2. Commencement

(1) This Ordinance, other than Schedule 2, shall be deemed to have come into operation on 1 July 1997.

(2) Schedule 2 shall come into operation or be deemed to have come into operation on the commencement of sections 4 and 5 of the Dogs and Cats (Amendment) Ordinance 1997 (97 of 1997).

(3) Subsections (1) and (2) 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]

Public Health (Animals and Birds) Ordinance

and Its Subsidiary Legislation

Public Health (Animals and Birds) Ordinance

1. Section 2(1) of the Public Health (Animals and Birds) Ordinance (Cap. 139) is amended, in the definition of "health officer", by repealing "Governor" and substituting "Chief Executive".

2. Section 3(1) is amended---

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

(b) in paragraph (k), by repealing "the Colony" and substituting "Hong Kong".

3. Section 4 is amended---

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

(b) in subsection (2)---

(i) by repealing "the Colony" where it twice appears and substituting "Hong Kong";

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

4. Section 5(1) is amended---

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

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

5. Section 6 is amended---

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

(b) in subsection (5)---

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

(ii) by repealing "the Colony" where it twice appears and substituting "Hong Kong";

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

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

(d) in subsection (7), by repealing "Governor in Council" and substituting "Chief Executive in Council".

6. The heading preceding section 11 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. Section 11 is amended---

(a) in subsection (1)---

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

(ii) by repealing "而總督" and substituting "而行政長官";

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

8. Section 12 is amended---

(a) in subsections (1) and (3), by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council";

(b) in subsection (4)---

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

(ii) by repealing "行政局秘書" and substituting "行政會議秘書";

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

10. Section 17 is amended by repealing "Governor" and substituting "Chief Executive".

11. Section 18 is amended by repealing "Governor" and substituting "Chief Executive".

Public Health (Animals and Birds) (Keeping of Cattle,

Sheep and Goats) Regulations

12. Regulation 2(a) of the Public Health (Animals and Birds) (Keeping of Cattle, Sheep and Goats) Regulations (Cap. 139 sub. leg.) is amended by repealing "Crown" and substituting "State".

Dairies Regulations

13. Regulation 2 of the Dairies Regulations (Cap. 139 sub. leg.) is amended, in the definition of "public analyst", by repealing "Governor" and substituting "Chief Executive".

14. Regulation 28 is amended by repealing "the Colony" and substituting "Hong Kong".

Poultry (Slaughtering for Export) Regulations

15. Regulation 108(3) of the Poultry (Slaughtering for Export) Regulations (Cap. 139 sub. leg.) is amended---

(a) in subparagraph (a), by repealing ", where applicable,";

(b) in subparagraph (c), by adding "or the Chinese language" after "the English language".

16. Regulation 114 is amended---

(a) in paragraph (1), by repealing "Governor" where it twice appears and substituting "Chief Executive";

(b) in paragraph (2), by repealing "Governor in Council" and substituting "Chief Executive in Council";

Importation of Equines (Prohibition) Order

17. Paragraph 2 of the Importation of Equines (Prohibition) Order (Cap. 139 sub. leg.) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

Public Health (Animals) (Boarding

Establishment) Regulations

18. Regulation 3 of the Public Health (Animals) (Boarding Establishment) Regulations (Cap. 139 sub. leg.) is amended by repealing "Crown" and substituting "State".

Public Health (Animals) (Riding

Establishment) Regulations

19. Regulation 3 of the Public Health (Animals) (Riding Establishment) Regulations (Cap. 139 sub. leg.) is amended by repealing "Crown" and substituting "State".

SCHEDULE 2 [s. 3]

Dogs and Cats Ordinance

1. Section 2 of the Dogs and Cats Ordinance (Cap. 167) is amended, in the definition of
"身分證明文件", by repealing "人民".

2. Section 3(1) is amended---

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

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

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SCHEDULE 3 [s. 3]

Pounds Ordinance

1. Section 3 of the Pounds Ordinance (Cap. 168) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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SCHEDULE 4 [s. 3]

Prevention of Cruelty to Animals Ordinance

and Its Subsidiary Legislation

Prevention of Cruelty to Animals Ordinance

1. Section 3(1)(g) of the Prevention of Cruelty to Animals Ordinance (Cap. 169) is amended by repealing "the Colony" and substituting "Hong Kong".

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

Prevention of Cruelty to Animals Regulations

3. Regulation 11(1) of the Prevention of Cruelty to Animals Regulations (Cap. 169 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".

4. Regulation 14 is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 5 [s. 3]

Fisheries Protection Ordinance

1. Section 3(1) of the Fisheries Protection Ordinance (Cap. 171) is amended by repealing "Governor" and substituting "Chief Executive".

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

3. Section 6(1) is amended by repealing "Crown" and substituting "Government".

SCHEDULE 6 [s. 3]

Animals and Plants (Protection of Endangered

Species) Ordinance

1. Section 13(1), (2)(b), (2A)(b), (3)(b) and (4) of the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) is amended by repealing "Crown" and substituting "Government".

2. Section 14(1) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 16 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

4. Section 17(1), (2) and (3) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Section 18 is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 19(1) and (1A) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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SCHEDULE 7 [s. 3]

Plant (Importation and Pest Control) Ordinance

1. Section 8(2) of the Plant (Importation and Pest Control) Ordinance (Cap. 207) is amended by repealing "China" and substituting "any place in China outside Hong Kong".

2. Section 9(4) is amended by repealing "Crown" and substituting "Government".

3. Section 11(3) is amended by repealing "Crown" and substituting "Government".

4. Section 13(2) is amended by repealing "Crown" and substituting "Government".

5. Section 16(5) is amended by repealing "Crown" and substituting "Government".

6. Section 18 is amended by repealing "Crown" and substituting "Government".

7. Section 21 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

8. Section 22 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

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

10. Section 26 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

11. The Second Schedule is amended, in Part I, in item 7, by repealing "China" and substituting "any place in China outside Hong Kong".

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SCHEDULE 8 [s. 3]

Agricultural Products (Marketing) Ordinance

1. Section 2 of the Agricultural Products (Marketing) Ordinance (Cap. 277) is amended, in the definition of "regulated product", by repealing "the Colony" and substituting "Hong Kong".

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

3. Section 5A is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

4. Section 6 is amended---

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

(b) in subsection (4)---

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

(ii) by repealing "pleasure of the Governor" and substituting "discretion of the Chief Executive".

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

6. Section 8 is amended---

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

(b) in subsection (2), by repealing "the Colony" and substituting "Hong Kong".

7. Section 9 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".

8. Section 9E 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".

9. Section 9F(3)(c) is amended by repealing "Governor" and substituting "Chief Executive".

10. Section 10(1) is amended---

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

(b) in paragraph (c), by repealing "the Colony" and substituting "Hong Kong".

11. Section 12(1) is amended by repealing "Crown" and substituting "Government".

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SCHEDULE 9 [s. 3]

Marine Fish (Marketing) Ordinance and Its

Subsidiary Legislation

Marine Fish (Marketing) Ordinance

1. Section 4(1) of the Marine Fish (Marketing) Ordinance (Cap. 291) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

3. Section 8 is amended---

(a) in subsections (2) and (5), by repealing "Crown" wherever it appears and substituting "Government";

(b) in subsection (6), by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

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

6. Section 13 is amended---

(a) in paragraph (a), in the proviso, by repealing "Governor in Council" and substituting "Chief Executive in Council";

(b) in paragraphs (e) and (f), by repealing "Governor" and substituting "Chief Executive".

7. Section 14 is amended---

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

(b) in subsection (2)---

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

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

8. Section 15(3) is amended---

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

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

9. Section 16 is amended---

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

(b) in subsection (4)---

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

(ii) by repealing "pleasure of the Governor" and substituting "discretion of the Chief Executive";

10. Section 17(4) and (5) is amended by repealing "Governor" and substituting "Chief Executive".

11. Section 23 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".

12. Section 24(3)(c) is amended by repealing "Governor" and substituting "Chief Executive".

Marine Fish (Marketing and Exportation) Regulations

13. Regulation 4A(1), (2) and (4) of the Marine Fish (Marketing and Exportation) Regulations (Cap. 291 sub. leg.) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

14. Regulation 4C(2)(h) is amended by adding "or place" after "country".

15. Regulation 4F is amended---

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

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

Marine Fish (Marketing) By-laws

16. By-law 2 of the Marine Fish (Marketing) By-laws (Cap. 291 sub. leg.) is amended, in the definition of "corporation", by repealing "the Colony" and substituting "Hong Kong".

17. By-law 23(5) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".

SCHEDULE 10 [s. 3]

Marine Fish Culture Ordinance

1. Section 4 of the Marine Fish Culture Ordinance (Cap. 353) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

2. Section 16(1), (2), (3) and (4) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

3. Section 22(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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SCHEDULE 11 [s. 3]

Rabies Ordinance

1. Section 2 of the Rabies Ordinance (Cap. 421) is amended, in the definition of "place prohibited to animals", by repealing "Governor" and substituting "Chief Executive".

2. Section 29(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

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

4. Section 42(4) is amended by repealing "立法局" and substituting "立法會".

5. Section 48 is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 49(1) is amended by repealing "立法局" and substituting "立法會".

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

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SCHEDULE 12 [s. 3]

Whaling Industry (Regulation) Ordinance

1. Section 9 of the Whaling Industry (Regulation) Ordinance (Cap. 496) is amended---

(a) by renumbering it as section 9(1);

(b) in subsection (1), by repealing "United Kingdom Department of Trade and Industry" where it twice appears and substituting "relevant authority in the Central People's Government";

"(2) In subsection (1), "relevant authority in the Central People's Government"
"(中央人民政府有關當局)" means the organ in the Central People's Government from time to
time responsible for whaling matters.".

2. Section 13 is amended by repealing "Governor in Council" 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 12).

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

Public Health (Animals and Birds) Ordinance (Cap. 139) Schedule 1

Dogs and Cats Ordinance (Cap. 167) Schedule 2

Pounds Ordinance (Cap. 168) Schedule 3

Prevention of Cruelty to Animals Ordinance (Cap. 169) Schedule 4

Fisheries Protection Ordinance (Cap. 171) Schedule 5

Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) Schedule 6

Plant (Importation and Pest Control) Ordinance (Cap. 207) Schedule 7

Agricultural Products (Marketing) Ordinance (Cap. 277) Schedule 8

Marine Fish (Marketing) Ordinance (Cap. 291) Schedule 9

Marine Fish Culture Ordinance (Cap. 353) Schedule 10

Rabies Ordinance (Cap. 421) Schedule 11

Whaling Industry (Regulation) Ordinance (Cap. 496) Schedule 12

3. The Bill also provides that, subject to Article 12 of the Hong Kong Bill of Rights, most of the proposed 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)). Adaptations relating to provisions to be commenced after 1 July 1997 shall take effect as from the commencement of those provisions (clause 2(2)).