Adaptation of Laws (No. 12) 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. 12) 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]

Judicial Proceedings (Adjournment During Gale Warnings) Ordinance

1. Section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance

(Cap. 62) is amended, in the definition of "Director", by repealing "in Hong Kong".

SCHEDULE 2 [s. 3]

Criminal Procedure Ordinance and Its Subsidiary Legislation

Criminal Procedure Ordinance

1. Section 3 of the Criminal Procedure Ordinance (Cap. 221) is repealed.

2. Section 9(1A) is amended by repealing "立法局" and substituting "立法會".

3. Section 9A(1) and (2) is amended by repealing "立法局" and substituting "立法會".

4. Section 9B(1) and (2) is amended by repealing "立法局" and substituting "立法會".

5. Section 9M(1) is amended by repealing "Crown" and substituting "Government".

6. Section 19 is amended by repealing "in the peace of the Queen" and substituting "within the jurisdiction of the Hong Kong courts".

7. Section 20 is amended by repealing "any note of the Bank of England or of any other bank" and substituting "any bank note".

8. Section 56(2)(a) is amended by repealing "Crown" and substituting "Government".

9. Section 59 is amended by repealing "Crown" and substituting "Government".

10. Section 63(5) is amended by repealing "any other part of the Commonwealth" and substituting "any part of the Commonwealth".

11. Section 67B(2) is amended by repealing "Governor" and substituting "Chief Executive".

12. Section 67C(2), (4) and (5) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

13. Section 76(2)(a)(ii) is amended by repealing "Governor" and substituting "Chief Executive".

14. Section 79G(9) is amended by repealing "立法局" and substituting "立法會".

15. Section 83D(1) is amended by repealing "Governor" and substituting "Chief Executive".

16. Section 83L(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

17. Section 83P(1) and (2) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

18. Section 83S is amended by repealing "Crown" and substituting "Government".

19. Section 83U(1) is amended by repealing "上訴法院" and substituting "上訴法庭".

20. Section 83W(2)(c) is amended by repealing "Governor" and substituting "Chief Executive".

21. Section 84A(5) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

22. Section 102(4) is amended by repealing "Crown" and substituting "Government".

23. Section 109 is amended by repealing "the Colony" and substituting "Hong Kong".

24. Section 109AC(3) is amended by repealing "Governor" and substituting "Chief Executive".

25. Section 109B(1) is amended by repealing "the Colony" and substituting "Hong Kong".

26. Section 109E(1) is amended by repealing "the Colony" and substituting "Hong Kong".

27. Section 113B(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

28. Section 113C(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

29. Section 115 is amended by repealing "Governor" and substituting "Chief Executive".

30. Section 117(1) is amended---

(a) by repealing "Governor, in the name and on behalf of Her Majesty," and substituting "Chief Executive";

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

31. Section 118 is amended by repealing "Her Majesty's prerogative of mercy or any prerogative of mercy vested in the Governor" and substituting "the power vested in the Chief Executive to pardon offences or commute penalties".

32. Section 124 is amended by repealing "立法局" and substituting "立法會".

33. Schedule 1 is amended, in Form 1, by repealing "Her Majesty's Attorney General" and substituting "the Secretary for Justice".

34. Schedule 4 is amended---

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

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

35. Schedule 5 is amended, in paragraph 1(1) and (3), by repealing "Governor" and substituting "Chief Executive".

Criminal Appeal Rules

36. Rule 64(2) of the Criminal Appeal Rules (Cap. 221 sub. leg.) is amended by repealing "Crown" and substituting "Government".

37. The Schedule is amended---

(a) in Form I, by repealing "R." and substituting "HKSAR";

(b) in Forms II and III, by repealing "Queen" and substituting "Government";

(d) in Form XIV---

(i) by repealing "R." and substituting "HKSAR";

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

(e) in Form XV, by repealing "R." and substituting "HKSAR";

(f) in Forms XVI and XVII, by repealing "Queen" and substituting "Government";

(g) in Forms XVIII, XIX, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX and XXX, by repealing "R." and substituting "HKSAR".

Indictment Rules

38. Rule 4 of the Indictment Rules (Cap. 221 sub. leg.) is amended---

(a) by repealing "imperial enactment" where it first appears and substituting "a national law applying in Hong Kong";

(b) in paragraph (a), by repealing "imperial enactment" and substituting "national law applying in Hong Kong".

39. Rule 5 is amended---

(a) by repealing "imperial enactment states" and substituting "a national law applying in Hong Kong states";

(b) by repealing "imperial enactment may" and substituting "national law may".

40. The Schedule is amended by repealing "The Queen" and substituting "HKSAR".

Legal Aid in Criminal Cases Rules

41. Rule 21(1)(i) of the Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg.) is amended by repealing "Privy Council" and substituting "Court of Final Appeal".

Criminal Procedure (Applications under

Section 16) Rules

42. Rule 2A(10) of the Criminal Procedure (Applications under Section 16) Rules (Cap. 221 sub.
leg.) is amended by repealing "上訴法院" and substituting "上訴法庭".

Criminal Procedure (Representation) Rules

43. Rule 2 of the Criminal Procedure (Representation) Rules (Cap. 221 sub. leg.) is amended by repealing "Crown" and substituting "Government".

44. The Schedule is amended by repealing "Reg" and substituting "HKSAR".

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SCHEDULE 3 [s. 3]

Criminal Jurisdiction Ordinance and Its Subsidiary Legislation

Criminal Jurisdiction Ordinance

1. Section 2 of the Criminal Jurisdiction Ordinance (Cap. 461) is amended---

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

(b) in subsection (5), by repealing "立法局" where it twice appears and substituting "立法會".

Criminal Jurisdiction (Specification of Time) Rules

2. Rule 2(a) of the Criminal Jurisdiction (Specification of Time) Rules (Cap. 461 sub. leg.) is amended---

(a) by repealing "High Court" and substituting "Court of First Instance";

(b) by repealing "地方法院" and substituting "區域法院";

SCHEDULE 4 [s. 3]

Costs in Criminal Cases Ordinance and Its Subsidiary Legislation

Costs in Criminal Cases Ordinance

1. Section 2 of the Costs in Criminal Cases Ordinance (Cap. 492) is amended, in the definition of
"法官", by repealing "上訴法院" and substituting "上訴法庭".

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

3. Section 11(3) is amended by repealing "立法局" and substituting "立法會".

4. Section 22 is amended by repealing "立法局" and substituting "立法會".

Costs in Criminal Cases Rules

5. Rule 2 of the Costs in Criminal Cases Rules (Cap. 492 sub. leg.) is amended, in the definitions of
"法院" and "虛耗訟費命令", by repealing "大法官" and substituting "法官".

6. Rule 4 is amended---

(a) in subrule (1)---

(i) in paragraph (i), by repealing "High Court" and substituting "Court of First Instance";

(ii) in paragraph (ii)---

(A) by repealing "High Court" and substituting "Court of First Instance";

(B) by repealing "地方法院" and substituting "區域法院";

(b) in subrule (2)---

(i) in paragraph (a)---

(A) by repealing "Supreme Court" and substituting "High Court";

(B) by repealing "to the High Court" and substituting "to the Court of First Instance";

(ii) in paragraph (b), by repealing "上訴法院" and substituting "上訴法庭";

(i) in paragraph (a)---

(A) by repealing "High Court" where it twice appears and substituting "Court of First Instance";

(B) by repealing "大法官" and substituting "法官";

(ii) in paragraph (b)---

(A) by repealing "上訴法院" where it twice appears and substituting "上訴法庭";

(B) by repealing "大法官" and substituting "法官".

7. Rule 5(2) is amended---

(a) in paragraph (a), by repealing "地方法院" where it twice appears and substituting "區域法院";

(b) in paragraph (b)---

(i) by repealing "Supreme Court" and substituting "High Court";

(ii) by repealing "in the High Court" and substituting "in the Court of First Instance";

(iii) by repealing "上訴法院" and substituting "上訴法庭".

8. Rule 8(3) is amended by repealing "Supreme Court" and substituting "High Court".

9. Rule 10 is amended---

(a) in subrule (1), by repealing "Supreme Court Fees Rules" and substituting "High Court Fees Rules";

(b) in subrule (2)---

(i) in paragraph (a), by repealing "地方法院" where it twice appears and substituting "區域法院";

(ii) in paragraph (b)---

(A) by repealing "Registrar of the Supreme Court" and substituting "Registrar of the High Court";

(B) by repealing "Supreme Court Fees Rules" and substituting "High Court Fees Rules".

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SCHEDULE 5 [s. 3]

Enduring Powers of Attorney (Prescribed Form) Regulation

1. The Schedule to the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap. 501 sub. leg.) is amended, in Part A, in paragraphs 7 and 8 and in Part C, by repealing "Supreme Court" and substituting "High Court".

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SCHEDULE 6 [s. 3]

Revised Edition of the Laws Ordinance 1965

1. The long title to the Revised Edition of the Laws Ordinance 1965 (53 of 1965) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 5(q) is amended by repealing "the Colony" and substituting "Hong Kong".

3. Section 10(2) is amended by repealing "the Colony" and substituting "Hong Kong".

4. Section 11(2) is amended by repealing "the Colony" and substituting "Hong Kong".

5. Section 12(2) is amended by repealing "the Colony" and substituting "Hong Kong".

6. Section 15(4) is amended by repealing "the Colony" and substituting "Hong Kong".

7. Section 18(2) is amended by repealing "立法局" where it twice appears and substituting
"立法會".

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SCHEDULE 7 [s. 3]

Laws (Loose-leaf Publication) Ordinance 1990

1. Section 1(2) of the Laws (Loose-leaf Publication) Ordinance 1990 (51 of 1990) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 2(5) is amended by repealing "Hong Kong" and substituting "Hong Kong Special Administrative Region".

3. Section 3 is amended by repealing "Hong Kong" and substituting "the Hong Kong Special Administrative Region".

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 7).

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

Costs in Criminal Cases Ordinance and its subsidiary legislation (Cap. 492) Schedule 4

Criminal Jurisdiction Ordinance and its subsidiary legislation (Cap. 461) Schedule 3

Criminal Procedure Ordinance and its subsidiary legislaion (Cap. 221) Schedule 2

Enduring Powers of Attorney (Prescribed Form) Regulation (Cap. 501 sub. leg.) Schedule 5

Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62) Schedule 1

Laws (Loose-leaf Publication) Ordinance 1990 (51 of 1990) Schedule 7

Revised Edition of the Laws Ordinance 1965 (53 of 1965) 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).