Adaptation of Laws (No. 16) 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. 16) 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]
Antiquities and Monuments Ordinance
1. Section 2B(2) of the Antiquities and Monuments Ordinance (Cap. 53) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 2C is amended---
(a) in subsection (3), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (4)---
(i) by repealing "The Governor" and substituting "The Chief Executive";
(ii) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(c) in subsection (5), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(d) in subsection (6)---
(i) by repealing "Governor" where it first appears and substituting "Chief Executive";
(ii) by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 3(1) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 4 is amended---
(a) in subsection (3), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in subsection (4)---
(i) by repealing "The Governor" and substituting "The Chief Executive";
(ii) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(c) in subsection (5), by repealing "Governor in Council" and substituting "Chief Executive in Council";
(d) in subsection (6)---
(i) by repealing "Governor" where it first appears and substituting "Chief Executive";
(ii) by repealing "Governor in Council" and substituting "Chief Executive in Council".
5. Section 5(1)(b) is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 6(2), (3) and (4) is amended by repealing "Governor" and substituting "Chief Executive".
7. Section 7 is amended by repealing "Governor" and substituting "Chief Executive".
8. Section 8(1) is amended by repealing "Governor" and substituting "Chief Executive".
9. Section 11(4) is amended by repealing "Governor" and substituting "Chief Executive".
10. Section 16 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
11. Section 17(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
12. Section 21 is amended by repealing "立法局" and substituting "立法會".
13. Section 22(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 2 [s. 3]
Miscellaneous Licences Ordinance and Its Subsidiary Legislation
Miscellaneous Licences Ordinance
1. Section 3(1) of the Miscellaneous Licences Ordinance (Cap. 114) is amended---
(a) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(b) in paragraph (i), by repealing "Governor" and substituting "Chief Executive".
Miscellaneous Licences Regulations
2. Regulation 9 of the Miscellaneous Licences Regulations (Cap. 114 sub. leg.) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Regulation 61 is amended by repealing "the Colony" and substituting "Hong Kong".
4. Regulation 78(1)(c) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".
5. Regulation 110 is amended by repealing "the Colony" and substituting "Hong Kong".
6. Regulation 119 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
7. Regulation 139 is amended by repealing "the Colony" and substituting "Hong Kong".
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SCHEDULE 3 [s. 3]
Public Health and Municipal Services Ordinance and
Its Subsidiary Legislation
Public Health and Municipal Services Ordinance
1. Section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132) is amended---
(a) in the definition of "health inspector", by repealing "Governor" and substituting "Chief Executive";
(b) in the definition of "public analyst", by repealing "Governor" and substituting "Chief Executive".
2. Section 3(2) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
3. Section 11 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
4. Section 20(3)(a) is amended by repealing "Crown" and substituting "Government".
5. Section 22(4) is amended by repealing "Crown" and substituting "Government".
6. Section 22A(4), (7) and (8) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
7. Section 55(1B) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
8. Section 81(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
9. Section 83B(7) is amended by repealing "Crown" and substituting "Government".
10. Section 84(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
11. Section 86C(3) is amended by repealing "Crown" and substituting "Government".
12. Section 86D is amended by repealing "Crown" and substituting "Government".
13. Section 92 is amended by repealing "Crown" and substituting "Government".
14. Section 102 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
15. Section 107(4) is amended by repealing "Governor" and substituting "Chief Executive".
16. Section 110(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
17. Section 111B(5)(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
18. Section 111C(6)(b) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
19. Section 113(3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
20. Section 117(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
21. Section 119 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
22. Section 122 is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
23. Section 125(10)(b) is amended by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
24. Section 130(6) is amended by repealing "Crown" where it twice appears and substituting "Government".
25. Section 131(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
26. Section 138 is amended, in the proviso, by repealing "Crown" and substituting "Government".
27. Section 143(c) is amended---
(a) by repealing "Governor" where it first appears and substituting "Chief Executive";
(b) by repealing "Governor in Council" and substituting "Chief Executive in Council".
28. Section 144 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
29. Section 146 is amended---
(a) in subsection (1), by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council";
(b) in subsection (3)---
(i) by repealing "Governor in Council" and substituting "Chief Executive in Council";
(ii) by repealing "行政局" and substituting "行政會議";
(c) in subsections (4) and (5), by repealing "Governor in Council" and substituting "Chief Executive in Council".
30. Section 147(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
31. Section 149(2) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
32. The Third Schedule is amended, in entry relating to section 104(1), by repealing "Governor in Council" where it twice appears and substituting "Chief Executive in Council".
Abattoirs (Urban Council) Bylaws
33. Bylaw 8A(2)(b) of the Abattoirs (Urban Council) Bylaws (Cap. 132 sub. leg.) is amended by repealing "Royal".
Advertisements By-laws
34. By-law 3(1) of the Advertisements By-laws (Cap. 132 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".
Pleasure Grounds (Regional Council) Bylaws
35. Bylaw 17(2) of the Pleasure Grounds (Regional Council) Bylaws (Cap. 132 sub. leg.) is amended by repealing "Air Navigation (Overseas Territories) Order 1977 (App. III p. DP 1)" and substituting "Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995)".
Public Cleansing and Prevention of Nuisances
(Regional Council) By-laws
36. By-law 5(4)(a) of the Public Cleansing and Prevention of Nuisances (Regional Council)
By-laws (Cap. 132 sub. leg.) is amended by repealing "Crown" and substituting "Government".
37. By-law 9(4) is amended by repealing "Crown" and substituting "State".
38. By-law 9A(4) is amended by repealing "Crown" and substituting "State".
Public Cleansing and Prevention of Nuisances
(Urban Council) By-laws
39. By-law 5(4)(a) of the Public Cleansing and Prevention of Nuisances (Urban Council) By-laws (Cap. 132 sub. leg.) is amended by repealing "Crown" and substituting "Government".
40. By-law 9(4) is amended by repealing "Crown" and substituting "State".
41. By-law 9A(4) is amended by repealing "Crown" and substituting "State".
Slaughterhouses (Regional Council) Bylaws
42. Bylaw 12(2)(b) of the Slaughterhouses (Regional Council) Bylaws (Cap. 132 sub. leg.) is amended by repealing "Royal".
Slaughterhouses (Urban Council) Bylaws
43. Bylaw 12(2)(b) of the Slaughterhouses (Urban Council) Bylaws (Cap. 132 sub. leg.) is amended by repealing "Royal".
Swimming Pools (Regional Council) Bylaws
44. Bylaw 2(2) of the Swimming Pools (Regional Council) Bylaws (Cap. 132 sub. leg.) is amended by repealing "Crown" and substituting "State".
45. Bylaw 13(3) is amended by repealing "Royal Life Saving Society" and substituting "Hong Kong Life Saving Society".
Swimming Pools (Urban Council) Bylaws
46. Bylaw 12 of the Swimming Pools (Urban Council) Bylaws (Cap. 132 sub. leg.) is amended by repealing "Royal Life Saving Society" and substituting "Hong Kong Life Saving Society".
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SCHEDULE 4 [s. 3]
Books Registration Ordinance
1. Section 4(1)(b)(i) of the Books Registration Ordinance (Cap. 142) is repealed.
2. Section 6 is amended by repealing "Governor" and substituting "Chief Executive in Council".
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SCHEDULE 5 [s. 3]
Places of Public Entertainment Ordinance
and Its Subsidiary Legisation
Places of Public Entertainment Ordinance
1. Section 7(1)(g) of the Places of Public Entertainment Ordinance (Cap. 172) is amended by repealing "Governor" and substituting "Chief Executive".
Places of Public Entertainment Regulations
2. Regulation 4 of the Places of Public Entertainment Regulations (Cap. 172 sub. leg.) is amended by repealing "the Colony" and substituting "Hong Kong".
3. Regulation 56(1) is amended by repealing "the Colony" and substituting "Hong Kong".
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SCHEDULE 6 [s. 3]
Hong Kong Arts Centre Ordinance
1. Section 2 of the Hong Kong Arts Centre Ordinance (Cap. 304) is amended in the definition of "Chief Executive" by repealing "Chief Executive" wherever it appears and substituting "Executive Director".
2. Section 9(2) is amended---
(a) in paragraph (a), by repealing "Chief Executive" and substituting "Executive Director";
(b) in paragraph (b), by repealing "Governor" and substituting "Chief Executive".
3. Section 10 is amended---
(a) in subsection (1), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(b) in subsection (6), by repealing "Chief Executive" and substituting "Executive Director".
4. Section 11 is amended---
(a) in subsections (1) and (2), by repealing "Chief Executive" wherever it appears and substituting "Executive Director";
(b) by repealing subsection (3).
5. Section 12(4) and (5) is amended by repealing "Chief Executive" and substituting "Executive Director".
6. Section 14 is amended by repealing "Chief Executive" and substituting "Executive Director".
7. Section 15(5) is amended by repealing the proviso.
8. Section 18 is amended by repealing "Chief Executive" where it twice appears and substituting "Executive Director".
9. Section 19 is amended---
(a) in subsection (1), by repealing "Chief Executive" and substituting "Executive Director";
(b) in subsection (2)---
(i) by repealing "Chief Executive" where it twice appears and substituting "Executive Director";
(ii) by repealing "Chief Executive's" and substituting "Executive Director's".
10. Section 26(1)(c) is amended by repealing "Chief Executive" and substituting "Executive Director".
11. Section 31 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws".
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SCHEDULE 7 [s. 3]
Ocean Park Corporation Ordinance
1. Section 2 of the Ocean Park Corporation Ordinance (Cap. 388) is amended, in the definition of "Chief Executive", by adding "of the Corporation" after "Chief Executive" where it twice appears.
2. Section 8 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".
3. Section 9(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 19(1) is amended by adding "of the Corporation" after "Chief Executive".
5. Section 23 is amended by adding "of the Corporation" after "Chief Executive" where it twice appears.
6. Section 24 is amended by adding "of the Corporation" after "Chief Executive" wherever it appears.
7. Section 26(3) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" where it twice appears and substituting "立法會".
8. Section 31(a)(ii) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
9. Section 33(3) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" where it twice appears and substituting "立法會".
10. Section 36 is amended by repealing "Crown" where it twice appears and substituting "State".
11. Section 37 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
12. Section 38 is amended by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 8 [s. 3]
Lord Wilson Heritage Trust Ordinance
1. Section 4(2) of the Lord Wilson Heritage Trust Ordinance (Cap. 425) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
2. Section 5(3)(a) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 7(2) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
4. Section 11 is amended---
(a) in subsection (1), by repealing "Governor at his pleasure" and substituting "Chief Executive at his discretion";
(b) in subsections (2) and (3), by repealing "Governor" and substituting "Chief Executive".
5. Section 13 is amended---
(a) in subsection (3), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (5)---
(i) by repealing "Governor" where it twice appears and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會".
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SCHEDULE 9 [s. 3]
Amusement Game Centres Ordinance
1. Section 2(2) of the Amusement Game Centres Ordinance (Cap. 435) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
2. Section 12(2), (4) and (6) is amended by repealing "Governor" and substituting "Chief Executive".
3. Section 13(8) is amended by repealing "Crown" and substituting "Government".
4. Section 14(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 17(2) is amended by repealing "Crown" and substituting "Government".
6. Section 18(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".
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SCHEDULE 10 [s. 3]
Amusement Rides (Safety) Ordinance and Its Subsidiary Legislation
Amusement Rides (Safety) Ordinance
1. Section 25(5) of the Amusement Rides (Safety) Ordinance (Cap. 449) is amended by repealing "立法局" and substituting "立法會".
Amusement Rides (Safety) (Operation and Maintenance) Regulation
2. Section 14(2) of the Amusement Rides (Safety)(Operation and Maintenance) Regulation (Cap. 449 sub. leg.) is amended by repealing "皇家天文台" and substituting "香港天文台".
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SCHEDULE 11 [s. 3]
Hong Kong Arts Development Council Ordinance
1. Section 2 of the Hong Kong Arts Development Council Ordinance (Cap. 472) is amended, in the definition of "Chairman", by repealing "Governor" and substituting "Chief Executive".
2. Section 3 is amended---
(a) in subsections (3)(a), (4), (5) and (6), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in subsection (8), by repealing "Governor" and substituting "Chief Executive in Council".
3. Section 4(h) is amended by repealing "Governor" and substituting "Chief Executive".
4. Section 8(1) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
5. Section 11(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
6. Section 14(4) is amended by repealing "立法局" and substituting "立法會".
7. Section 15 is amended---
(a) by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
8. Section 16 is amended by repealing "Governor" and substituting "Chief Executive".
9. The Schedule is amended---
(a) in paragraph 2(2) and (3), by repealing "Governor" wherever it appears and substituting "Chief Executive";
(b) in paragraph 3, by repealing "Governor" and substituting "Chief Executive".
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SCHEDULE 12 [s. 3]
Sir David Trench Fund for Recreation Ordinance
1. Section 5 of the Sir David Trench Fund for Recreation Ordinance (Cap. 1128) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
2. Section 6 is amended---
(a) in subsection (1)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing "立法局" and substituting "立法會";
(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".
3. Section 7 is amended---
(a) in subsection (1)---
(i) by repealing "Governor" and substituting "Chief Executive";
(ii) by repealing ", and may remit moneys comprised in the fund to the Crown Agents for investment in the name of the trustee";
(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".
4. Section 8(1) is amended by repealing "Governor" and substituting "Chief Executive".
5. Section 9 is amended---
(a) in subsection (2), 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 "立法局" and substituting "立法會".
6. Section 10(1) is amended by repealing "of the Colony" where it twice appears.
7. Section 11 is amended by repealing "Her Majesty the Queen, Her Heirs or Successors" and substituting "the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws".
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SCHEDULE 13 [s. 3]
The Hong Kong Academy for Performing Arts Ordinance
1. Section 4(2) of The Hong Kong Academy for Performing Arts Ordinance (Cap. 1135) is amended by repealing "Governor" and substituting "Chief Executive".
2. Section 8 is amended by repealing "Governor in Council" wherever it appears and substituting "Chief Executive in Council".
3. Section 10 is amended---
(a) in subsections (1)(b) and (c) and (2)(a), by repealing "Governor" and substituting "Chief Executive";
(b) in subsection (3)---
(i) in paragraph (a), by repealing "during the pleasure of the Governor" and substituting "at the discretion of the Chief Executive";
(ii) in paragraphs (b) and (c), by repealing "Governor" and substituting "Chief Executive".
4. Section 20 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
5. Section 21(3) is amended by repealing "Governor" and substituting "Chief Executive".
6. Section 23 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".
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SCHEDULE 14 [s. 3]
Hong Kong Sports Development Board Ordinance
1. Section 3 of the Hong Kong Sports Development Board Ordinance (Cap. 1149) is amended---
(a) in subsection (2)---
(i) in paragraphs (a) and (b), by repealing "Governor" and substituting "Chief Executive";
(ii) in paragraph (e), by adding ", China" after "Olympic Committee of Hong Kong";
(iii) in paragraph (f), by repealing "Governor" where it twice appears and substituting "Chief Executive";
(iv) in paragraph (g)---
(A) by repealing "Governor" where it first appears and substituting "Chief Executive";
(B) by repealing "pleasure of the Governor" and substituting "discretion of the Chief Executive";
(b) 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 5 is amended---
(a) in subsection (2)(i), by adding ", China" after "Olympic Committee of Hong Kong";
(b) in subsection (3), by repealing "Crown" and where it twice appears and substituting "Government".
4. Section 5N(3) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
5. Section 6(1) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
6. Section 8 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".
7. Section 10(3) is amended---
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "立法局" and substituting "立法會".
8. Section 14(4) is amended by repealing "立法局" and substituting "立法會".
9. Section 15 is amended by repealing "Governor" and substituting "Chief Executive".
10. Section 16 is amended by repealing "Governor" and substituting "Chief Executive".
11. The Schedule is amended---
(a) in paragraph 2, by repealing "Crown" where it twice appears and substituting "State";
(b) in paragraph 4(2), by repealing "Governor" and substituting "Chief Executive";
(c) in paragraph 6, by repealing "Governor" wherever it appears 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 14).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Antiquities and Monuments Ordinance (Cap. 53) Schedule 1
Miscellaneous Licences Ordinance (Cap. 114) Schedule 2
Public Health and Municipal Services Ordinance (Cap. 132) Schedule 3
Books Registration Ordinance (Cap. 142) Schedule 4
Places of Public Entertainment Ordinance (Cap. 172) Schedule 5
Hong Kong Arts Centre Ordinance (Cap. 304) Schedule 6
Ocean Park Corporation Ordinance (Cap. 388) Schedule 7
Lord Wilson Heritage Trust Ordinance (Cap. 425) Schedule 8
Amusement Game Centres Ordinance (Cap. 435) Schedule 9
Amusement Rides (Safety) Ordinance (Cap. 449) Schedule 10
Hong Kong Arts Development Council Ordinance (Cap. 472) Schedule 11
Sir David Trench Fund for Recreation Ordinance (Cap. 1128) Schedule 12
The Hong Kong Academy for Performing Arts Ordinance (Cap. 1135) Schedule 13
Hong Kong Sports Development Board Ordinance (Cap. 1149) Schedule 14
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).
