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Adaptation of Laws (No. 11) Bill 1998
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. 11) Ordinance 1998.
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]
Land Development Corporation Ordinance
1. Section 3 of the Land Development Corporation Ordinance (Cap. 15) is amended---
(a) in subsection (2), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in subsection (2)(d), by repealing "pleasure" and substituting "discretion";
(c) in subsection (4), by repealing "Governor" and substituting "Chief Executive in Council".
2. Section 4(c) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 6(1)(a) is amended by repealing "立法局" and substituting "立法會".
4. Section 8(1) is amended by repealing "立法局" and substituting "立法會".
5. Section 11(5) is amended by repealing "立法局" and substituting "立法會".
6. Section 14(5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
7. Section 15(1) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
8. Section 18 is amended by repealing "Governor" and substituting "Chief Executive".
9. Section 19(2)(c) is amended by repealing "立法局" and substituting "立法會".
10. The First Schedule is amended---
(a) in paragraph 2, by repealing "Crown" where it twice appears and substituting "State";
(b) in paragraph 3, by repealing "Governor" and substituting "Chief Executive";
(c) in paragraph 4---
(i) in sub-paragraph (1)---
(A) by adding "of the Corporation" after "a Chief Executive";
(B) by repealing "Governor" and substituting "Chief Executive";
(ii) in sub-paragraphs (2) and (3), by adding "of the Corporation" after "Chief Executive";
(d) in paragraph 5(2), by repealing "Governor" and substituting "Chief Executive";
(e) in paragraph 7(2), by adding "of the Corporation" after "Chief Executive";
(f) in paragraph 8, by repealing "Governor" wherever it appears and substituting "Chief Executive";
(g) in paragraph 13---
(i) in sub-paragraph (2)(b) and (c), by adding "of the Corporation" after "Chief Executive";
(ii) in sub-paragraph (2)(g), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(h) in paragraph 15, by adding "of the Corporation" after "Chief Executive".
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SCHEDULE 2 [s. 3]
Sale of Land by Auction Ordinance
1. Section 2 of the Sale of Land by Auction Ordinance (Cap. 27) is amended, in the definition of "land", by repealing "the Colony" and substituting "Hong Kong".
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SCHEDULE 3 [s. 3]
Buildings Ordinance
1. Section 2 of the Buildings Ordinance (Cap. 123) is amended---
(a) in subsection (1), in the definition of "owner", by repealing "the Colony" and substituting "Hong Kong";
(b) in subsection (3), by repealing "立法局" and substituting "立法會".
2. Section 5(5) is amended---
(a) by repealing "Crown" and substituting "Government";
(b) by repealing "Governor" and substituting "Chief Executive".
3. Section 5A(1) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 11(6) is amended---
(a) by repealing "Crown" and substituting "Government";
(b) by repealing "Governor" and substituting "Chief Executive".
5. Section 11A(1) is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 27(11)(a) is amended by repealing "the Colony" and substituting "Hong Kong".
7. Section 33(6) is amended by repealing "Crown" and substituting "Government".
8. Section 36(3)(a) is amended by repealing "Crown" and substituting "Government".
9. Section 38 is amended---
(a) in subsections (1A) and (1B), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (3)(b), by repealing "Crown" and substituting "Government";
(c) in subsection (5), by repealing "Governor in Council" and substituting "Chief Executive in Council".
10. Section 39A is amended by repealing "立法局" wherever it appears and substituting "立法會".
11. Section 41(2) is amended by repealing "the Colony" and substituting "Hong Kong".
12. Section 45(2), (3), (4) and (7) is amended by repealing "Governor" and substituting "Chief Executive".
13. Section 48(1) and (5) is amended by repealing "Governor" and substituting "Chief Executive".
14. Section 53A(1) is amended by repealing "院" and substituting "庭".
15. The Second Schedule is amended---
(a) in section 114---
(i) in subsection (2), by repealing "大法官" where it twice appears and substituting "法官";
(ii) in subsection (5)---
(A) by repealing "High Court" where it twice appears and substituting "Court of First Instance";
(B) by repealing "大法官" wherever it appears and substituting "法官";
(iii) in subsection (6), by repealing "High Court" and substituting "Court of First Instance";
(iv) in subsection (7), by repealing "大法官" and substituting "法官";
(v) in subsection (10), by repealing "Governor" and substituting "Chief Executive";
(b) in section 117(1), by repealing "大法官" and substituting "法官".
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SCHEDULE 4 [s. 3]
Foreshore and Sea-bed (Reclamations) Ordinance
1. Section 7 of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 8(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 9(2)(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 10(1)(b) is amended by repealing "Crown" and substituting "Government".
5. Section 11 is amended by repealing "Crown" and substituting "Government".
6. Section 15(1) is amended by repealing "Crown" and substituting "Government".
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SCHEDULE 5 [s. 3]
Land Acquisition (Possessory Title) Ordinance
1. Section 2 of the Land Acquisition (Possessory Title) Ordinance (Cap. 130) is amended, in the definition of "acquisition for a public purpose", in paragraph (d), by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 3 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
3. Section 10(1) is amended by repealing "Crown" and substituting "Government".
4. Section 12 is amended by repealing "Crown" and substituting "Government".
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SCHEDULE 6 [s. 3]
Town Planning Ordinance and its
Subsidiary Legislation
Town Planning Ordinance
1. Section 2(1) and (3) of the Town Planning Ordinance (Cap. 131) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 3(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
3. Section 4(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 7(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 8(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Section 9(1), (2) and (4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
7. Section 10 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
8. Section 12(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Section 13A is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
10. Section 14 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
11. Section 15 is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
12. Section 17A(1), (2), (3), (4), (11) and (16)(b) is amended by repealing "Governor" and substituting "Chief Executive".
13. Section 17B(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
14. Section 20 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsections (5) and (6A), by repealing "Governor in Council" and substituting "Chief Executive in Council".
15. Section 26(1)(a) is amended by repealing "Governor" and substituting "Chief Executive".
Town Planning Regulations
16. Regulation 2(1) of the Town Planning Regulations (Cap. 131 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 7 [s. 3]
Aerial Ropeways (Safety) Ordinance
1. Section 4(1) and (2) of the Aerial Ropeways (Safety) Ordinance (Cap. 211) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 10(4) is amended by repealing "Crown" and substituting "Government".
3. Section 17(5) is amended by repealing "Crown" and substituting "Government".
4. Section 24 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
5. Section 28(1A) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
6. Section 31 is amended by repealing "Crown" and substituting "Government".
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SCHEDULE 8 [s. 3]
Mass Transit Railway (Land Resumption and
Related Provisions) Ordinance
1. Section 4(1) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 5(3)(d) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 6(1) and (3) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 7(3)(d) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 8 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
6. Section 10(1) is amended by repealing "Governor" and substituting "Chief Executive".
7. Section 15(4) is amended by repealing "Governor" and substituting "Chief Executive".
8. Section 17 is amended by repealing "Crown" and substituting "Government".
9. Section 18(1) is amended by repealing "Crown" and substituting "Government".
10. Section 19(4) is amended by repealing "Crown" and substituting "Government".
11. Section 20 is amended---
(a) in subsection (1), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3), by repealing "Crown" and substituting "Government".
12. Section 21(6)(a) and (6A)(c) is amended by repealing "Crown" and substituting "Government".
13. Section 26 is amended by repealing "立法局" and substituting "立法會".
14. Section 27 is amended---
(a) by repealing "Crown" and substituting "Government";
(b) by repealing "of the Colony".
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SCHEDULE 9 [s. 3]
Land Survey Ordinance
1. Section 2 of the Land Survey Ordinance (Cap. 473) is amended, in the definition of "Secretary", by repealing "(地政司)" and substituting "(局長)".
2. Section 4(b) is amended by repealing "地政司" and substituting "局長".
3. Section 6(1) is amended by repealing "地政司" and substituting "局長".
4. Section 7 is amended by repealing "地政司" wherever it appears and substituting "局長".
5. Section 19 is amended---
(a) in subsection (2), by repealing "Governor" and substituting "Chief Executive";
(b) in subsections (4) and (5), by repealing "地政司" and substituting "局長";
(c) in subsection (6), by repealing "Governor" and substituting "Chief Executive";
(d) in subsection (7), by repealing "地政司" and substituting "局長".
6. Section 21(2) and (3) is amended by repealing "地政司" and substituting "局長".
7. Section 22 is amended by repealing "地政司" wherever it appears and substituting "局長".
8. Section 37 is amended---
(a) in subsection (1), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in subsection (2), by repealing "地政司" and substituting "局長".
Explanatory Memorandum
The purpose of this Bill is to adapt certain Ordinances and 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 9).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Aerial Ropeways (Safety) Ordinance (Cap. 211) Schedule 7
Buildings Ordinance (Cap. 123) Schedule 3
Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) Schedule 4
Land Acquisition (Possessory Title) Ordinance (Cap. 130) Schedule 5
Land Development Corporation Ordinance (Cap. 15) Schedule 1
Land Survey Ordinance (Cap. 473) Schedule 9
Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) Schedule 8
Sale of Land by Auction Ordinance (Cap. 27) Schedule 2
Town Planning Ordinance (Cap. 131) Schedule 6
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).
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