Adaptation of Laws (No. 18) 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. 18) 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]

Chinese Temples Ordinance and Its Subsidiary Legislation
Chinese Temples Ordinance

1. Section 3(1) of the Chinese Temples Ordinance (Cap. 153) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 7(2)(b) and (d) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 9 is amended---

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

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

4. Section 13(4) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

Chinese Temples Fund Regulations

5. Regulation 6 of the Chinese Temples Fund Regulations (Cap. 153 sub. leg.) is amended by repealing "of the Colony".

6. Regulation 10 is amended---

(a) in subregulation (2), by repealing "Governor" and substituting "Chief Executive";

(b) in subregulation (3)---

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

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

General Chinese Charities Fund Directions

7. Direction 5 of the General Chinese Charities Fund Directions (Cap. 153 sub. leg.) is amended by repealing "of the Colony".

8. Direction 9 is amended---

(a) in subdirection (2), by repealing "Governor" and substituting "Chief Executive";

(b) in subdirection (3)---

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

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

------------------------------

SCHEDULE 2 [s. 3]

Bishop of the Roman Catholic Church in
Hong Kong Incorporation Ordinance

1. Section 2A(3) of the Bishop of the Roman Catholic Church in Hong Kong Incorporation Ordinance (Cap. 1003) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

2. Section 3 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".

------------------------------

SCHEDULE 3 [s. 3]

Catholic Mission of Macao Incorporation Ordinance

1. Section 2 of the Catholic Mission of Macao Incorporation Ordinance (Cap. 1006) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 5(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 7 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".

------------------------------

SCHEDULE 4 [s. 3]

Dominican Missions Ordinance

1. The long title to the Dominican Missions Ordinance (Cap. 1018) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended---

(a) by repealing "the Colony" wherever it appears and substituting "Hong Kong";

(b) by repealing "having placed in the hands of the Governor satisfactory proof of his appointment";

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

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

3. Section 4 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".

------------------------------

SCHEDULE 5 [s. 3]

Hong Kong Chinese Christian Churches Union
Incorporation Ordinance

1. Section 2 of the Hong Kong Chinese Christian Churches Union Incorporation Ordinance (Cap. 1025) is amended, in the definition of "The Hong Kong Chinese Christian Churches Union" or "the Union", by repealing "the Colony" and substituting "Hong Kong".

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

3. Section 5(2) and (3) is amended by repealing "the Colony" and substituting "Hong Kong".

4. Section 6 is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

5. Section 8 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".

------------------------------

SCHEDULE 6 [s. 3]

Hop Yat Church of the Church of Christ in China
Incorporation Ordinance

1. Section 3 of the Hop Yat Church of The Church of Christ in China Incorporation Ordinance (Cap. 1027) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(e) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

3. 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".

------------------------------

SCHEDULE 7 [s. 3]

London Missionary Society Incorporation Ordinance

1. The long title to the London Missionary Society Incorporation Ordinance (Cap. 1033) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended---

(a) by repealing ", having placed in the hands of the Governor satisfactory proof of his appointment,";

(b) by repealing "the Colony" wherever it appears and substituting "Hong Kong";

------------------------------

SCHEDULE 8 [s. 3]

Missions Etrangres Incorporation Ordinance

1. The long title to the Missions Etrangres Incorporation Ordinance (Cap. 1036) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended---

(a) by repealing "the Colony" wherever it appears and substituting "Hong Kong";

(b) by repealing "having placed in the hands of the Governor satisfactory proof of appointment";

------------------------------

SCHEDULE 9 [s. 3]

Petites Surs des Pauvres, St. Pern, Bretagne, Incorporation Ordinance

1. The long title to the Petites Surs des Pauvres, St. Pern, Bretagne, Incorporation Ordinance (Cap. 1039) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

3. Section 3(1) is amended by repealing "the Colony" and substituting "Hong Kong".

4. Section 5 is amended by repealing "the Colony" and substituting "Hong Kong".

5. Section 6 is amended---

(a) in subsection (1)---

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

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

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

6. Section 7 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".

------------------------------

SCHEDULE 10 [s. 3]

Surs de Saint Paul de Chartres
Incorporation Ordinance

1. The long title to the Surs de Saint Paul de Chartres Incorporation Ordinance (Cap. 1046) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 2 is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

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

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

5. Section 5 is amended---

(a) in subsection (1)---

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

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

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

6. Section 6 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".

------------------------------

SCHEDULE 11 [s. 3]

Emmanuel Church Incorporation Ordinance

1. Section 3(1) of the Emmanuel Church Incorporation Ordinance (Cap. 1069) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(1) is amended by repealing "the Colony" where it twice appears and substituting "Hong Kong".

3. Section 6 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".

------------------------------

SCHEDULE 12 [s. 3]

Hong Kong Christian Council Incorporation Ordinance

1. Section 3 of the Hong Kong Christian Council Incorporation Ordinance (Cap. 1083) is amended by repealing "the Colony" and substituting "Hong Kong". 2. Section 4(d) is amended by repealing "the Colony" wherever it appears and substituting "Hong Kong".

3. Section 9 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".

------------------------------

SCHEDULE 13 [s. 3]

Kowloon City Baptist Church Ordinance

1. Section 3 of the Kowloon City Baptist Church Ordinance (Cap. 1093) is amended by repealing "the Colony" and substituting "Hong Kong".

2. Section 4(1) is amended by repealing "the Colony" and substituting "Hong Kong".

3. Section 5 is amended, in the proviso, by repealing "the Colony" and substituting "Hong Kong".

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

5. Section 15 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".

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 13).

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

Bishop of the Roman Catholic Church in Hong Kong Incorporation Ordinance (Cap. 1003) Schedule 2

Catholic Mission of Macao Incorporation Ordinance (Cap. 1006) Schedule 3

Chinese Temples Ordinance (Cap. 153) Schedule 1

Dominican Missions Ordinance (Cap. 1018) Schedule 4

Emmanuel Church Incorporation Ordinance (Cap. 1069) Schedule 11

Hong Kong Chinese Christian Churches Union Incorporation Ordinance (Cap. 1025) Schedule 5

Hong Kong Christian Council Incorporation Ordinance (Cap. 1083) Schedule 12

Hop Yat Church of The Church of Christ in China Incorporation Ordinance (Cap. 1027) Schedule 6

Kowloon City Baptist Church Ordinance (Cap. 1093) Schedule 13

London Missionary Society Incorporation Ordinance (Cap. 1033) Schedule 7

Missions Etrangres Incorporation Ordinance (Cap. 1036) Schedule 8

Petites Surs des Pauvres, St. Pern, Bretagne, Incorporation Ordinance (Cap. 1039) Schedule 9

Surs de Saint Paul de Chartres Incorporation Ordinance (Cap. 1046) 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).