Statute Law (Miscellaneous Provisions) Bill 1999

Provide for miscellaneous amendments to various Ordinances; to deem certain items of subsidiary legislation to have been duly laid on the table of the Legislative Council; to grant an indemnity in respect of the failure to lay those subsidiary legislation on the table of the Legislative Council; and for connected purposes.

Enacted by the Legislative Council.

PART I

General

1. Short title

This Ordinance may be cited as the Statute Law (Miscellaneous Provisions) Ordinance 1999.

2. Commencement

This Ordinance, other than sections 15(a)(ii), 16 and 48 shall come into operation at the beginning of the day on which this Ordinance is published in the Gazette.

PART II

Provisions Relating to Further Sentence While a Detention

Order, Supervision Order or Recall Order is in Force

Detention Centres Ordinance

3. Sentence of detention in training

centre, etc. and imprisonment

for detained person

Section 7(1) of the Detention Centres Ordinance (Cap. 239) is amended---

(a) by adding before paragraph (a)---

"(aa) further to detention in a detention centre;";

(b) in paragraph (a), by adding "or an addiction treatment centre" after "training centre".

Drug Addiction Treatment Centres Ordinance

4. Effect of imprisonment or

further detention order

Section 6A of the Drug Addiction Treatment Centres Ordinance (Cap. 244) is amended---

(a) by renumbering it as section 6A(1);

(b) by adding---

"(2) If a person in respect of whom---

(a) a detention order is in force is further sentenced to detention in a training centre, his detention in such a training centre shall take effect on the expiration of the detention order;

(b) a supervision order is in force is further sentenced to detention in a training centre, the supervision order shall lapse;

shall lapse as may be decided by the Board of Review established under regulation 6 of the Drug Addiction Treatment Centres Regulations (Cap. 244 sub. leg.).".

Training Centres Ordinance

5. Effect of imprisonment or further

sentence of detention

Section 5A of the Training Centres Ordinance (Cap. 280) is amended by adding---

"(3) If a person in respect of whom---

(a) a sentence of detention in a training centre under section 4 is in force is further sentenced to detention in an addiction treatment centre---

(i) his detention in a training centre shall be suspended until he is released from the addiction treatment centre; and

(ii) any supervision order made against him under section 5 of the Drug Addiction Treatment Centres Ordinance (Cap. 244) may be waived or suspended as may be decided by the Board of Review established under regulation 6 of the Drug Addiction Treatment Centres Regulations (Cap. 244 sub. leg.);

(b) a supervision notice under section 5 is in force is further sentenced to detention in an addiction treatment centre---

(i) the supervision notice shall be suspended until he is released from the addiction treatment centre; and

(ii) where on the date of his release from the addiction treatment centre, his supervision under the supervision notice---

(A) remains more than 1 year, he shall, at the same time, be subject to supervision under any supervision order which may be made against him under section 5 of the Drug Addiction Treatment Centres Ordinance (Cap. 244); or

(B) remains 1 year or less, he shall only be required to be subject to supervision under any supervision order which may be made against him under section 5 of the Drug Addiction Treatment Centres Ordinance (Cap. 244);

(c) an order of recall under section 5 is in force is further sentenced to detention in an addiction treatment centre, the order of recall shall be suspended until he is released from the addiction treatment centre or shall be treated as lapsed as may be decided by the board established for each training centre under regulation 7 of the Training Centres Regulations (Cap. 280 sub. leg.).".

PART III

Discharge of Encumbered Property

Conveyancing and Property Ordinance

6. Interpretation

Section 2 of the Conveyancing and Property Ordinance (Cap. 219) is amended by adding---

""encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a
lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer"
(產權負擔人) has a meaning corresponding with that of "encumbrance" and includes every person
entitled to the benefit of an encumbrance, or to require payment or discharge thereof;".

7. Section added

The following is added---

"12A. Discharge of encumbrances by the

court on sales or exchanges

(1) Where land subject to any encumbrance, whether immediately realizable or payable or not, is sold or exchanged by the court, or out of court, the court may, if it thinks fit, on the application of any party to the sale or exchange, direct, or allow payment into court of an amount sufficient to meet the encumbrance and any interest due thereon.

(2) Thereupon, the court may, if it thinks fit, and without any notice to the encumbrancer, declare the land to be free from the encumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale or exchange, and give directions for the retention and investment of the money in court and for the payment or application of the income thereof.

(3) On application by the encumbrancer or any person entitled to the money or fund in court, the court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof.".

PART IV

Abrogation of the "Year and a Day Rule"

Offences against the Person Ordinance

8. Section added

The Offences against the Person Ordinance (Cap. 212) is amended by adding---

"33C. "Year and a day rule" abrogated

(1) The rule known as the "year and a day rule" (that is, the rule that, for the purposes of offences involving death and of suicide, an act or omission is conclusively presumed not to have caused a person's death if more than a year and a day elapsed before he died) is abrogated for all purposes.

(2) Subsection (1) does not affect the continued application of the rule referred to in that subsection to a case where the act or omission

(or the last of the acts or omissions) which caused the death occurred before the commencement of the Statute Law (Miscellaneous Provisions) Ordinance 1999 ( of 1999).".

PART V

Psychiatrists to Provide Evidence to Courts

on Accused's Fitness to be Tried

Mental Health Ordinance

9. Power of court or magistrate to

make guardianship order

Section 44A(1)(b) of the Mental Health Ordinance (Cap. 136) is amended by repealing "practitioners approved for the purposes of section 2(2)" and substituting "psychiatrists on the Specialist Register established under section 6(3) of the Medical Registration Ordinance (Cap. 161)".

10. Power of court or magistrate to make

supervision and treatment order

Section 44D(1)(b) is amended by repealing "practitioners approved for the purposes of section 2(2)" and substituting "psychiatrists on the Specialist Register established under section 6(3) of the Medical Registration Ordinance (Cap. 161)".

Criminal Procedure Ordinance

11. Fitness to be tried

Section 75(5) of the Criminal Procedure Ordinance (Cap. 221) is amended by repealing "practitioners approved for the purposes of section 2(2) of the Mental Health Ordinance (Cap. 136)" and substituting "psychiatrists on the Specialist Register established under section 6(3) of the Medical Registration Ordinance (Cap. 161)".

12. Orders to be made

Section 76(2)(a) is amended by repealing "practitioners approved for the purposes of section 2(2) of the Mental Health Ordinance (Cap. 136)" and substituting "psychiatrists on the Specialist Register established under section 6(3) of the Medical Registration Ordinance (Cap. 161)".

PART VI

Publication of Sections Referred to in a Notice and

Conspiracy Committed before Commencement of

Crimes (Amendment) Ordinance 1996

Crimes Ordinance

13. Closure of premises in respect of which

certain offences committed

Section 153A(4)(d) of the Crimes Ordinance (Cap. 200) is amended by adding "or, if the notice is published contemporaneously with another notice under subsection (1)(b)(ii) in the same newspapers and the sections referred to in paragraph (c) are already set out in that notice, contain a direction to refer to that notice for the full text of those sections" after "paragraph (c)".

14. Abolitions, savings and

transitional provisions

Section 159E(7) is amended---

(a) in paragraph (a), by repealing "or";

(b) in paragraph (b), by repealing the full stop and substituting

"; or";

"(c) any proceedings commenced after that time in respect of a conspiracy committed before that time.".

PART VII

Removal of Reference to Repealed Ordinance and Saving

Births and Deaths Registration Ordinance

15. Registration of father of

illegitimate child

Section 12 of the Births and Deaths Registration Ordinance (Cap. 174) is amended---

(a) in subsection (3)---

(i) in paragraph (b)(iii), by repealing "; or" and substituting a full stop;

(ii) with effect from 27 June 1997, by repealing paragraph (c);

(b) by adding---

"(4) An order of a court under section 5 of the Affiliation Proceedings Ordinance (Cap. 183) adjudging a person to be the putative father of a child which has effect immediately before 27 June 1997 shall continue to be treated as a relevant order under subsection (3) as if section 5 of that Ordinance had not been repealed.".

PART VIII

Reference to Former or Retired Judge

Interpretation and General Clauses Ordinance

16. Section added

The Interpretation and General Clauses Ordinance (Cap. 1) is amended with effect from 1 July 1997 by adding---

"3A. References to former or retired judge

A reference to a person who is a former or retired judge of a court, or of a specified court, in Hong Kong, includes respectively a reference to a person who is a former or retired judge of a court which was constituted under the laws of Hong Kong before 1 July 1997, or of the court in Hong Kong which before 1 July 1997 exercised jurisdiction similar to that of the specified court.".

PART IX

Director of Audit's Power to Delegate and Duty to

Audit Certain Accounts

Audit Ordinance

17. Interpretation

Section 2 of the Audit Ordinance (Cap. 122) is amended, in the definition of "public moneys", by repealing paragraph (b) and substituting---

"(b) any moneys (other than moneys in the accounts or constituting the funds specified in column 2 of Schedule 1) which are accounted for, in whole or in part, in the books or records of account of the Director of Accounting Services; and".

18. Duties of the Director

Section 8 is amended---

(a) by repealing subsection (1) and substituting---

"(1) The Director shall---

(a) examine, inquire into and audit the accounts of all accounting officers in respect of public moneys, stamps, securities, stores and any other Government property; and

(b) examine, inquire into and audit the accounts, statements and records kept in respect of the accounts or funds specified in column 2 of Schedule 1 by the public officers specified opposite such accounts or funds.";

(b) in subsection (2)(a), (b) and (d) by adding "or moneys in the accounts or constituting the funds specified in column 2 of Schedule 1" after "public moneys".

19. Powers of the Director

Section 9(1)(d)(i) is amended by adding "or moneys in the accounts or constituting the funds specified in column 2 of Schedule 1" after "public moneys".

20. Appointment of staff of the Director

Section 10(3) is repealed and the following substituted---

"(3) Subject to subsection (4), the Director may delegate any of his duties or powers under this Ordinance to any public officer.

(4) The Director may delegate his duties or powers under this Ordinance in respect of the certifying and reporting of accounts, other than the certifying and reporting of the accounts which are required to be transmitted to the Director by the Director of Accounting Services in accordance with section 11, to any public officer who is a member of his staff appointed to or acting in the rank and office not below that of a Principal Auditor and specified in Schedule 2 provided that any public officer so delegated shall, when signing an opinion or report, indicate beneath his signature the office he holds and the fact that he is signing on behalf of the Director.".

21. Director's report of serious irregularities

to the President

Section 13(1)(a)(i) is amended by adding "or moneys in the accounts or constituting the funds specified in column 2 of Schedule 1" after "public moneys".

22. Section added

The following is added---

"18. Amendment of Schedules

(1) The Financial Secretary may, by notice published in the Gazette, amend Schedule 1.

(2) The Director may, by notice published in the Gazette, amend Schedule 2.".

23. Schedules added

The following are added---

"SCHEDULE 1 [ss. 2, 8(1) & (2), 9(1),

13(1) & 18(1)]

Accounts and Funds Subject to

Audit by the Director

Statutory provisions under which

the account or fund is kept or

Responsible public officer operated or in which the account or fund is referred to

Item Accounts/Funds

1. High Court Suitors' Funds Registrar of the High Court Rule 4 of the High Court Suitors' Funds Rules (Cap. 4 sub. leg.).

2. Official Receiver in Bankruptcy Account Official Receiver Section 91(1) of the Bankruptcy Ordinance (Cap. 6).

3. Bankruptcy Estate Account Official Receiver Section 128 of the Bankruptcy Ordinance (Cap. 6).

4. Official Administrator's Account Registrar of the High Court in his capacity as the Official Administrator Section 23A(1) of the Probate and Administration Ordinance (Cap. 10).

5. Labour Tribunal Suitors' Funds Registrar of the Labour Tribunal Rule 5 of the Labour Tribunal (Suitors' Funds) Rules (Cap. 25 sub. leg.).

6. Companies Liquidation Account Official Receiver Section 293(1) of the Companies Ordinance (Cap. 32).

7. Independent Commission Against Corruption Welfare Fund Commissioner of the Independent Commission Against Corruption Section 17A of the Independent Commission Against Corruption Ordinance (Cap. 204).

8. District Court Suitors' Funds Registrar of the District Court Rule 4 of the District Court Suitors' Funds Rules (Cap. 336 sub. leg.).

9. Small Claims Tribunal Suitors' Funds Registrar of the District Court Rule 5 of the Small Claims Tribunal (Suitors' Funds) Rules (Cap. 338 sub. leg.).

10. Minor Employment Claims Adjudication Board Suitors' Funds Registrar of the Minor Employment Claims Adjudication Board Rule 8 of the Minor Employment Claims Adjudication Board (Suitors' Funds) Rules (Cap. 453 sub. leg.).

11. Master in Lunacy Account Registrar of the High Court in his capacity as the Master in Lunacy Not applicable.

12. World Refugee Year Loan Fund Director of Agriculture and Fisheries Not applicable.

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SCHEDULE 2 [ss. 10(4) & 18(2)]

Specified Public Officer

1. Deputy Director of Audit

2. Assistant Director of Audit

3. Principal Auditor".

24. Consequential amendments

(1) Rule 5(2) of the High Court Suitors' Funds Rules (Cap. 4 sub. leg.)is repealed.

(2) Rule 10(2) of the Labour Tribunal (Suitors' Funds) Rules (Cap. 25 sub. leg.) is repealed.

(3) Rule 5(2) of the District Court Suitors' Funds Rules (Cap. 336 sub. leg.) is repealed.

(4) Rule 10(2) of the Small Claims Tribunal (Suitors' Funds) Rules (Cap. 338 sub. leg.) is repealed.

PART X

Provision for Transfer of Persons Serving

Indeterminate Sentences

Transfer of Sentenced Persons Ordinance

25. Interpretation

Section 2 of the Transfer of Sentenced Persons Ordinance (Cap. 513) is amended, in the definition of "sentence", in paragraph (a), by repealing "or unlimited" and substituting ", unlimited or indeterminate".

26. Restrictions on issue of warrant

Section 4(1)(c)(ii) and (2)(c)(ii) is amended by repealing "on account of the mental incapacity of the sentenced person".

PART XI

Amendments Consequential to Change of Short Title

to Child Care Services Ordinance

Specification of Public Offices

27. Schedule amended

The Schedule to the Specification of Public Offices (Cap. 1 sub. leg.) is amended by repealing "Child Care Centres Ordinance" and substituting "Child Care Services Ordinance".

Fire Services Department (Reports and Certificates) Regulations

28. Fees

Regulation 3 of the Fire Services Department (Reports and Certificates) Regulations (Cap. 95 sub. leg.) is amended, in the Table, in item 5, by repealing "Child Care Centres Ordinance" and substituting "Child Care Services Ordinance".

Metrication Amendments (Child Care Centres

Regulations) Order

29. Citation

Paragraph 1 of the Metrication Amendments (Child Care Centres Regulations) Order (Cap. 214 sub. leg.) is amended by repealing "(Child Care Centres Regulations)" and substituting "(Child Care Services Regulations)".

30. General prohibition of use of non-metric

units in documents

Paragraph 2 is amended by repealing "Child Care Centres Regulations" and substituting "Child Care Services Regulations".

31. Circumstances in which non-metric units

to be used until 1st January 1980

Paragraph 3 is amended by repealing "Child Care Centres Regulations" and substituting "Child Care Services Regulations".

32. Prohibition of the use of metric

and non-metric units

Paragraph 4 is amended by repealing "Child Care Centres Regulations" and substituting "Child Care Services Regulations".

33. Amendment of specified regulations

Paragraph 5 is amended by repealing "Child Care Centres Regulations" and substituting "Child Care Services Regulations".

34. Saving

Paragraph 6 is amended by repealing "Child Care Centres Regulations" where it twice appears and substituting "Child Care Services Regulations".

Child Care Centres Regulations

35. Citation

Regulation 1 of the Child Care Centres Regulations (Cap. 243 sub. leg.) is amended by repealing "Child Care Centres Regulations" and substituting "Child Care Services Regulations".

36. Third Schedule amended

The Third Schedule is amended---

(a) in the heading of Form 1, by repealing "Child Care Centres Ordinance" and substituting "Child Care Services Ordinance";

(b) in paragraph 1, by repealing "Child Care Centres Ordinance" and substituting "Child Care Services Ordinance".

Electricity (Wiring) Regulations

37. Periodic inspection, testing

and certification

Regulation 20(4)(e) of the Electricity (Wiring) Regulations (Cap. 406 sub. leg.) is amended by repealing "Child Care Centres Ordinance" and substituting "Child Care Services Ordinance".

Administrative Appeals Board Ordinance

38. Schedule amended

Item 40 of the Schedule to the Administrative Appeals Board Ordinance (Cap. 442) is amended by repealing "Child Care Centres Regulations" and substituting "Child Care Services Regulations".

Bedspace Apartments Ordinance

39. Application

Section 3(1)(b) of the Bedspace Apartments Ordinance (Cap. 447) is amended by repealing "Child Care Centres Ordinance" and substituting "Child Care Services Ordinance".

PART XII

Updating References to and Title of Organizations

The International Telecommunication Union

40. Article amended

Article 1 of the International Telecommunication Union (Cap. 190

sub. leg.) is amended by repealing "Diplomatic Privileges Ordinance"

and substituting "International Organizations and Diplomatic Privileges Ordinance".

The Asia-Pacific Telecommunity Notification

41. Article amended

Article 4 of the Asia-Pacific Telecommunity Notification (Cap. 190 sub. leg.) is amended by adding "the Government of the People's Republic of China is a member and" after "and of which".

The International Maritime Satellite

Organization Notification

42. Title amended

The title to the International Maritime Satellite Organization Notification (Cap. 190 sub. leg.) is amended by repealing "INTERNATIONAL MARITIME SATELLITE ORGANIZATION" and substituting "INTERNATIONAL MOBILE SATELLITE ORGANIZATION".

43. Article amended

Article 1 is amended---

(a) by repealing "International Maritime Satellite Organization" where it twice appears and substituting "International Mobile Satellite Organization";

(b) by repealing "INMARSAT" and substituting "Inmarsat".

PART XIII

Subsidiary Legislation Deemed Laid

Before Legislative Council

44. Subsidiary legislation deemed laid

The subsidiary legislation listed in Schedule 1 shall be deemed to have been duly laid on the table of the Legislative Council in accordance with the requirements of section 34(1) of the Interpretation and General Clauses Ordinance (Cap. 1).

45. Indemnity

All persons having, with regard to the subsidiary legislation listed in Schedule 1, a duty to ensure compliance with the requirement under section 34(1) of the Interpretation and General Clauses Ordinance (Cap. 1) to lay that subsidiary legislation on the table of the legislative Council are indemnified from all liability (if any) incurred as a result of the failure to table the subsidiary legislation in accordance with that provision.

46. Declaration

The Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403 sub. leg.) (Commencement) Notice 1998 (L.N. 391 of 1998) is declared to be and always to have been of no force or effect.

47. Savings

(1) Section 44 is 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).

(2) Section 45 shall not affect prosecutions, actions or legal proceedings commenced before the coming into operation of this Ordinance; those prosecutions, actions or legal proceedings may be maintained as if this Ordinance had not been enacted.

PART XIV

Miscellaneous Amendments

Immigration Ordinance

48. Carrying and production of

proof of identity

Section 17C(4)(a) of the Immigration Ordinance (Cap. 115) is amended with effect from 12 May
1995 by repealing "人事".

49. Amendment of enactments

The enactments specified in Schedule 2 are amended to the extent and in the manner specified in that Schedule in relation to each such enactment.

PART XV

Repeal of Legislation

50. Repeals

The enactments specified in Schedule 3 are repealed.

SCHEDULE 1 [ss. 44 & 45]

Subsidiary Legislation Deemed Laid

1. Notice under section 1 of the Ozone Layer Protection (Controlled Refrigerants) Regulation published in the Gazette on 31 December 1993 (G.N. 4794 of 1993).

2. Births and Deaths Registration Ordinance (Amendment of Second Schedule) Order 1997 (L.N. 359 of 1997).

3. Immigration (Places of Detention) (Amendment) Order 1997 (L.N. 360 of 1997).

4. Immigration (Treatment of Detainees) (Amendment) Order 1997 (L.N. 361 of 1997).

5. Declaration of Change of Titles (General Adaptation) Notice 1997 (L.N. 362 of 1997).

6. Declaration of Change of Titles (Deputy Director of Immigration, Assistant Director of Immigration, Immigration Officer, Immigration Tribunal and Immigration Service) Notice 1997 (L.N. 363 of 1997).

7. Arbitration (Amendment) Ordinance 1996 (75 of 1996) (Commencement) Notice 1997 (L.N. 364 of 1997).

8. Enduring Powers of Attorney Ordinance (17 of 1997) (Commencement) Notice 1997 (L.N. 365 of

1997).

9. Powers of Attorney (Amendment) Ordinance 1997 (18 of 1997) (Commencement) Notice 1997 (L.N. 366 of 1997).

10. Patents Ordinance (52 of 1997) (Commencement) Notice 1997 (L.N. 367 of 1997).

11. Registered Designs Ordinance (64 of 1997) (Commencement) Notice 1997 (L.N. 368 of 1997).

12. Official Secrets Ordinance (62 of 1997) (Commencement) Notice 1997 (L.N. 369 of 1997).

13. Labour Relations (Amendment) Ordinance 1997 (75 of 1997) (Commencement) Notice 1997 (L.N. 370 of 1997).

14. Law Reform (Miscellaneous Provisions and Minor Amendments) Ordinance 1997 (79 of 1997) (Commencement) Notice 1997 (L.N. 371 of 1997).

15. Fugitive Offenders (Australia) Order (L.N. 200 of 1997) (Commencement) Notice 1997 (L.N. 372 of 1997).

16 Fugitive Offenders (Drugs) Order (L.N. 274 of 1997) (Commencement) Notice 1997 (L.N. 373 of 1997).

17. Supreme Court Civil Procedure (Use of Language) Rules (L.N. 266 of 1997) (Commencement) Notice 1997 (L.N. 374 of 1997).

18. Prison (Amendment) Rules 1997 (L.N. 275 of 1997) (Commencement) Notice 1997 (L.N. 375 of 1997).

19. Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) (Amendment) Order 1997 (L.N. 308 of 1997) (Commencement) Notice 1997 (L.N. 376 of 1997).

20. Long-term Prison Sentences Review Ordinance (86 of 1997) (Commencement) Notice 1997 (L.N. 377 of 1997).

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

SCHEDULE 2 [s. 49]

Item Enactment Amendment

1. Administrative Appeals Rules In rule 13(1), (2), (3) and (4), repeal "案件述要" and

(Cap. 1 sub. leg.) substitute "案件呈述".

2. Specification of Public Offices In the Schedule---

(Cap. 1 sub. leg.) (a) repeal the entry relating to "Director of Buildings" in relation to Child Care Centres Regulations (Chapter 243 subsidiary legislation), regulations 23(2) and 24(2)(b);

(b) repeal "首席大法官" wherever it appears and substitute "終審法院首席法官".

3. The Rules of the High Court (Cap. 4 sub. leg.) In Order 15, in rule 6A(4)(a), repeal everything
after "法律程序須" and substitute "由該獲如此委任的人繼續進行或針對該人繼續進行，
或 (視屬何情況而定) 命令有關法律程序須由該遺產代理人繼續進行或針對該人繼續進
行，猶如該獲如此委任的人或該遺產代理人 (視屬何情況而定) 取代了該遺產一樣;".

4. Lands Tribunal Rules In the Schedule, in Form 24, add "條" after "第51A/51B".

(Cap. 17 sub. leg.)

5. Securities and Futures In section 22(1), (2), (3)(a) and (b), (5)(a) and (b), (6) and (7), repeal "案

Commission Ordinance 件述要" wherever it appears and substitute "案件呈述".

(Cap. 24)

6. Trustee Ordinance (Cap. 29) In the Second Schedule, in paragraph 1(a)(ii), repeal "$10 億" and
substitute "$100 億".

7. Wills Ordinance (Cap. 30) Repeal section 19 and substitute---

"19. 遺囑由立遺囑人

去世時起生效

除非有關遺囑顯示出相反的意願，否則每份遺囑就其所涵蓋的遺產而言，須解釋為在
猶如該遺囑是在緊接立遺囑人去世前簽立的情況下表達其意思和生效。".

8. Companies Ordinance (Cap. 32) (a) In section 47E(1), repeal "第47E" and substitute "第47F".

(b) In section 49(3), repeal "已繳全部款" and substitute "已繳全部股款".

(d) In section 140B(3), repeal "發出的日後" and substitute "發出的日期後".

(e) In section 222(6), in the proviso, repeal "提請" and substitute "促請".

(f) In section 227B(1)(b), repeal "蔫" and substitute "薦".

(g) In section 228A(1), repeal "綸" and substitute "論".

(h) In section 275---

(i) in subsection (2), repeal "獲歸屬的的" and substitute "獲歸屬的";

(ii) in subsection (6), repeal "承負刑事法律責任" and substitute "承擔刑事法律責任".

9. Companies (Winding-up) Rules In the Appendix---

(Cap. 32 sub. leg.) (a) in Form 35, add "日" before "在本人席前記錄";

(b) in Form 92, in paragraph (1), repeal "210 － 297毫米" and substitute "210 × 297毫米".

10. Insurance Companies Ordinance (a) In section 68(6), repeal "法律負任" and substitute

(Cap. 41) "法律責任".

(b) In the Third Schedule---

(i) before the heading, repeal "[ss. 17, 18, 22, 50 & 52]" and substitute "[ss. 17, 18, 22 & 50]";

(ii) in Part 7, in Form L1, add "除去" before "再保險保費淨額";

(iii) in Part 8---

(A) in Form 2A, in item (15)(C), repeal

"(A) － (B)" and substitute "(A) + (B)";

(B) in Form 3, in item (8), repeal "(6) + (7)" and substitute "(6) － (7)".

(i) in Form A, in item 15---

(A) repeal "directors" and substitute "directions";

(B) repeal "指導" and substitute "指令";

(ii) in Form B, repeal "body corporate" where it last appears and substitute "the insurer".

11. Trade Marks Rules In Schedule 2, in Forms TM-- No. 6, 7, 8, 9, 14, 22, 26,

(Cap. 43 sub. leg.) 30, 31, 41, 43, 45, 47, 49 and 54, in the margin note, repeal "在在香港以外"
and substitute "在香港以外".

12. Professional Accountants Repeal section 8(4).

Ordinance (Cap. 50)

13. Gas Safety Ordinance (Cap. 51) In section 2, in the definition of "工程", in para-

graph (a)---

(a) repeal " "building works" " and substitute " "建築工程" ";

(b) repeal " "ground investigation in the scheduled areas" " and substitute " "附表所列地區內的
土地勘測" ";

14. Employment Ordinance (a) In section 31O(1), repeal "按照第31N(c) 條".

(Cap. 57) (b) In the Second Schedule, in Part I, in paragraph 1, repeal "section 67(a) and (b)" and substitute "section 67(1)(a) and (b)".

15. Factories and Industrial In section 4(2B)(b), repeal "sections 5 and" and

Undertakings Ordinance substitute "section".

(Cap. 59)

16. Factories and Industrial In regulations 17(1)(i), (2)(i) and (3)(a), 18(1)(a), 20(1)

Undertakings Regulations and (2), 25(1) and 32(3), repeal "inspector" and

(Cap. 59 sub. leg.) substitute "occupational safety officer".

17. Construction Sites (Safety) (a) In regulation 38K(2)(a), repeal "prescribed form"

Regulations (Cap. 59 sub. leg.) and substitute "approved form".

(b) In regulation 67(2) and (3), repeal "inspector" wherever it appears and substitute "occupational safety officer".

18. Factories and Industrial In regulation 18C(4) and (5), repeal "inspector"

Undertakings (Lifting Appliances wherever it appears and substitute "occupational safety

and Lifting Gear) Regulations officer".

(Cap. 59 sub. leg.)

19. Factories and Industrial In regulation 6(3), repeal "inspector" where it twice

Undertakings (Abrasive Wheels) appears and substitute "occupational safety officer".

Regulations (Cap. 59 sub. leg.)

20. Factories and Industrial (a) In regulation 30(a), repeal "a factory inspector"

Undertakings (Work in and substitute "an occupational safety officer".

Compressed Air) Regulations (b) In the Fourth Schedule, in Form 7, repeal "Factory

(Cap. 59 sub. leg.) Inspector" and substitute "Occupational Safety

Officer".

21. Factories and Industrial In regulation 6(3), repeal "inspector" and substitute

Undertakings (Goods Lifts) "occupational safety officer".

Regulations (Cap. 59 sub. leg.)

22. Factories and Industrial In regulation 5, repeal "氯" and substitute "氧".

Undertakings (Dry Batteries)

Regulations (Cap. 59 sub. leg.)

23. Factories and Industrial In the First Schedule, in item 16, repeal "dies" and

Undertakings (Guarding and substitute "discs".

Operation of Machinery)

Regulations (Cap. 59 sub. leg.)

24. Factories and Industrial In section 3(5), repeal "inspector" and substitute

Undertakings (Noise at Work) "occupational safety officer".

Regulation (Cap. 59 sub. leg.)

25. Factories and Industrial (a) In regulation 4(1)(d), repeal "鋼村" and substitute

Undertakings (Fire Precautions in Notifiable Workplaces) Regulations (Cap. 59 sub. leg.) "鋼材".

(b) In regulation 7(1), repeal "inspector" and substitute

"occupational safety officer".

26. Factories and Industrial In regulation 9(3), repeal "inspector" and substitute

Undertakings (Carcinogenic "occupational safety officer".

Substances) Regulations

(Cap. 59 sub. leg.)

27. Factories and Industrial In the Chinese text, in the First Schedule---

Undertakings (Dangerous (a) in relation to the substance of "1, 2-- 二甲氧基

Substances) Regulations 乙烷；乙二醇二甲醚", in column 2, repeal

(Cap. 59 sub. leg.) "Fammable" and substitute "Flammable";

(b) in the substance of "亞芐基二氯 (見芐叉二氯)", in column 1, repeal "Choride" and substitute
"Chloride".

28. Factories and Industrial In sections 24(3), 25(4) and 26, repeal "inspector"

Undertakings (Suspended wherever it appears and substitute "occupational safety

Working Platforms) Regulation officer".

(Cap. 59 sub. leg.)

29. Factories and Industrial In sections 5(3) and 15(2), repeal "inspector" and

Undertakings (Asbestos) substitute "occupational safety officer".

Regulation (Cap. 59 sub. leg.)

30. Legal Aid Ordinance (Cap. 91) (a) In section 18A(5)(e), add "普通法" before "申索".

(b) In section 23(2), repeal "檢控官" and substitute "檢控人".

31. Legal Aid Regulations In regulation 12(1), repeal ""Legal Aid"" and substitute

(Cap. 91 sub. leg.) ""Legal Aid" or "法律援助"".

32. New Territories Ordinance (a) In section 13(2), repeal "第 (2) 款" and substitute

(Cap. 97) "第 (1) 款".

(b) In section 15---

(i) repeal "新界區土地註冊處" where it first appears and substitute "新界區民政事務處";

(ii) repeal "City and New Territories Administration" and substitute "Home Affairs Department".

33. Waterworks Ordinance In section 2, in the definition of "裝置", in paragraph

(Cap. 102) (a), repeal "村料" and substitute "材料".

34. Waterworks Regulations In Schedule 2---

(Cap. 102 sub. leg.) (a) in Part II, in paragraph 7, repeal "貯" and substitute "儲";

(b) in Part III, in paragraphs 1, 5 and 8, repeal "貯" and substitute "儲" wherever it appears;

35. Hospital Authority Ordinance In Schedule 3, in paragraph 18(2)(b), repeal "委員成員"

(Cap. 113) and substitute "委員會成員".

36. Immigration Ordinance In Schedule 2, in paragraph 16, repeal "管理隊" and

(Cap. 115) substitute "事務隊".

37. Public Swimming Pools In bylaws 10(1) and 11, repeal "section 42AA(1)(a)" and

(Regional Council) Bylaws substitute "section 42AA(1)(b)".

(Cap. 132 sub. leg.)

38. Mental Health Ordinance (a) In section 10E(4), repeal "necesary" and substitute

(Cap. 136) "necessary".

(b) In section 59ZI(1), add "第" after "根據".

(i) in subsection (1), repeal "(80 of 1997)" and substitute "(81 of 1997)";

(ii) in subsection (4), repeal "54" and substitute "55".

39. Mental Health Review Tribunal In rule 14(2), repeal "進一資料" and substitute "進

Rules (Cap. 136 sub. leg.) 一步資料".

40. Pharmacy and Poisons In section 8(1)(d), repeal "; and" and substitute "; or".

Ordinance (Cap. 138)

41. Course of Training, Study In regulation 11(c)(II)(i), repeal "Part I" and substitute

and Examination for "section 13".

Applicants for Registration as

Pharmacists Regulations

(Cap. 138 sub. leg.)

42. Chinese Temples Ordinance (Cap. 153) In section 9(2), repeal "批淮" and substitute "批准".

43. Money Lenders Regulations In regulation 5(3), repeal "第 (1)(a) 段" and substitute

(Cap. 163 sub. leg.) "第 (1)(a) 款".

44. Marriage Reform (Forms) In the Schedule---

Regulations (Cap. 178 sub. leg.) (a) in Forms 8 and 9, repeal "City and New Territories Administration" and substitute "Home Affairs Department";

(b) in Form 10, repeal "City and New Territories Administration" and substitute "Home Affairs Department".

45. Matrimonial Causes Rules In rule 39(4), repeal "第39號條命令" and substitute

(Cap. 179 sub. leg.) "第39號命令".

46. Independent Commission In section 17A(3)(b), repeal "貨款" and substitute "貸

Against Corruption Ordinance 款".

(Cap. 204)

47. Country Parks Ordinance In section 25(a), repeal "傅統葬地" and substitute "傳統

(Cap. 208) 葬地".

48. Country Parks and Special In regulation 2, in the definition of "植物", in

Areas Regulations (Cap. 208 paragraph (a), repeal "木村" and substitute "木材".

sub. leg.)

49. Aerial Ropeways (Safety) In section 28(1)(b)(i), repeal "村料" and substitute "材

Ordinance (Cap. 211) 料".

50. Juvenile Offenders Ordinance In section 11(1), repeal "因欠繳罰款、損害賠償或訟費

(Cap. 226) 而被判處監禁或" and substitute "被判處監禁或因欠繳罰款、損害賠償或訟
費而".

51. Trade Marks (Emergency) In rule 9, repeal "the relevant Registrar" and substitute

Rules (Cap. 263 sub. leg.) "the relevant register".

52. Employees' Compensation (a) In section 3---

Ordinance (Cap. 282) (i) in the definition of "受養人"---

(A) add "或外祖父" after "或祖父" wherever it appears;

(B) add "或外祖母" after "或祖母" wherever it appears;

(I) add "外祖父、" after "祖父、";

(II) add "外祖母、" after "祖母、";

(ii) in the definition of "家庭成員"---

(A) add "外祖父、" after "祖父、";

(B) add "外祖母、" after "祖母、".

(b) In section 4(1)(b)---

(i) repeal "民職" and substitute "文職";

(ii) repeal "受聘";

(iii) repeal "服務" and substitute "受聘".

(d) In section 26(1), repeal "wise" and substitute "way".

53. Radiation (Control of Irradiating In regulation 2, repeal the definition of "medical

Apparatus) Regulations practitioner".

(Cap. 303 sub. leg.)

54. District Court Civil Procedure In the Second Schedule, in Form 5, repeal "令文" and

(Forms) Rules (Cap. 336 sub. leg.) substitute "令狀".

55. Hotel and Guesthouse In section 17(1) and (2), repeal "案件述要" wherever it

Accommodation Ordinance appears and substitute "案件呈述".

(Cap. 349)

56. Waste Disposal (Chemical In sections 16(d) and (e) and 18(1)(b), repeal "櫥"

Waste) (General) Regulation wherever it appears and substitute "櫥".

(Cap. 354 sub. leg.)

57. Technical Memorandum In Annex 1, in Table 3, in column 1, repeal "230s/cm"

Standards for Effluents and substitute "us/cm".

Discharged into Drainage

and Sewerage Systems, Inland

and Coastal Waters (Cap. 358

sub. leg.)

58. Trade Descriptions Ordinance (a) In sections 9(2) and 26(4), repeal "與某一商標極為

(Cap. 362) 相似而相當可能會使人受欺騙的商標或標記" and substitute "某商標或與某一
商標極為相似而相當可能會使人受欺騙的標記".

(b) In section 16C(1), repeal "與某一商標極為相似而相當可能會使人受欺騙的任何商標
或標記" and substitute "某商標或與某一商標極為相似而相當可能會使人受欺騙的標記".

59. Merchant Shipping (Safety) (a) In regulation 2---

(Carriage of Nautical (i) (A) in the definition of "Notices to Mariners",

Publications) Regulations repeal "(海員公告)" and substitute "(航海

(Cap. 369 sub. leg.) 通告)";

(B) in the definition of "航海通告", repeal "水道測量局" and substitute "海道測量師";

(ii) (A) in the definition of "recognized hydrographer", repeal "(認可水道測量局)" and substitute
"(認可海道測量師)";

(B) in the definition of "認可海道測量師", repeal "水道測量局" where it twice appears and
substitute "海道測量師".

(b) In regulations 4(b) and (c) and 5(b) and Schedule 2, repeal "水道測量局" wherever it appears
and substitute "海道測量師".

(d) In Schedule 1---

(i) repeal "航海曆年" and substitute "航海天文曆";

(ii) repeal "燈號列表" and substitute "航標表".

60. Merchant Shipping (Safety) (a) In regulation 2(1), in the definition of "Notice to

(Signals of Distress and Mariners", repeal "(海員公告)" and substitute "(航

Prevention of Collisions) 海通告)".

Regulations (Cap. 369 sub. leg.) (b) In regulation 2(1) (definition of "航海通告") and (2)(b), repeal
"水道測量局" and substitute "海道測量師".

(d) In regulation 2(2)(a), repeal "該公告" where it twice appears and substitute "該通告".

61. Merchant Shipping (Safety) In regulation 33(4), repeal "Schedule 3" and substitute

(Fire Appliances) (Ships Built "Schedule 8".

On or After 25 May 1980 but

Before 1 September 1984)

Regulations (Cap. 369 sub. leg.)

62. Kowloon-Canton Railway In the Second Schedule, in Part II, in paragraph

Corporation Ordinance 15(a)(ii), repeal "section 4(1)(c)" and substitute "section

(Cap. 372) 4(1)(e)".

63. Road Traffic (Construction and In the Twelfth Schedule, in Part I, in regulation 21(2),

Maintenance of Vehicles) repeal "第 (1) 段" and substitute "第 (1) 款".

Regulations (Cap. 374 sub. leg.)

64. Road Traffic (Registration and In regulation 2, in the definition of "到港人士登記文

Licensing of Vehicles) 件", in paragraph (a), repeal "諦約國" and substitute

Regulations (Cap. 374 sub. leg.) "締約國".

65. Road Traffic (Traffic Control) (a) In regulation 54(3)(a), add "第7(8)條" before "發

Regulations (Cap. 374 sub. leg.) 出許可證".

(b) In Schedule 3, in paragraph 6(1)(a), repeal "第710號" and substitute "第701號".

66. Clubs (Safety of Premises) In section 17, repeal "案件述要" wherever it appears

Ordinance (Cap. 376) and substitute "案件呈述".

67. Protection of Wages on (a) In section 16(1)---

Insolvency Ordinance (Cap. 380) (i) in paragraph (a)(i), repeal "入稟破產呈請" and

substitute "提出破產呈請";

(ii) in paragraph (b), repeal "入稟清盤呈請" and substitute "提出清盤呈請".

(b) In section 18(1)(b) and (c) and (2), repeal "入稟呈請" and substitute "提出呈請".

68. Hong Kong War Memorial In section 15(1), (2) and (3), repeal "案件述要"

Pensions Ordinance (Cap. 386) wherever it appears and substitute "案件呈述".

69. Broadcasting Authority In section 14(2)(a), repeal "20" and substitute "21".

Ordinance (Cap. 391)

70. Employees' Compensation (a) In section 15(5)(a), repeal "財政司司長" and

Insurance Levies Ordinance substitute "庫務局局長".

(Cap. 411) (b) In Schedule 1, in paragraph 4(b), repeal "債務人" and substitute "債權人".

71. Merchant Shipping (a) In Schedule 1---

(Prevention of Oil Pollution) (i) in Appendix II, in the "Supplement to

Regulations (Cap. 413 sub. leg.) the International Oil Pollution Prevention Certificate (Iopp Certificate)", in paragraph 2.6.2, repeal "holding ... tank(s)" and substitute "holding tank(s)";

(ii) in Appendix III, in the "Supplement to the

Hong Kong Oil Pollution Prevention Certificate (HKOPP Certificate)", in paragraph 2.6.2, repeal "holding ... tank(s)" and substitute "holding tank(s)";

(iii) in Appendix IV, in the "Supplement to the

Hong Kong Oil Pollution Prevention Certificate (HKOPP Certificate)", in paragraph 2.6.2, repeal "holding ... tank(s)" and substitute "holding tank(s)".

(b) In Schedule 2, in Appendix I, in "OIL RECORD BOOK (PART I)", under the subheading of "LIST OF ITEMS TO BE RECORDED", in section A, repeal paragraph 4.3 and 4.4.

(c) In Schedule 3, in paragraph 4.1.2, repeal "the equipment should be based" and substitute "the equipment should be placed".

72. Lord Wilson Heritage Trust In section 4(2)(b)---

Ordinance (Cap. 425) (a) repeal "the Secretary for Broadcasting, Culture and Sport and";

(b) repeal "their respective representatives" and substitute "his representative";

73. Occupational Retirement In section 65(1), (2) and (3), repeal "案件述要"

Schemes Ordinance (Cap. 426) wherever it appears and substitute "案件呈述".

74. Merchant Shipping (Limitation In section 29(2)(b)---

of Shipowners Liability) (a) add "任何" at the beginning;

Ordinance (Cap. 434) (b) add "(該法令經《1979年商船法令1980年 (香港) 令》(附錄III
AN1頁) 修改及引伸適用於香港)" before "附表4";

75. Amusement Game Centres In section 15(1), (2) and (3), repeal "案件述要"

Ordinance (Cap. 435) wherever it appears and substitute "案件呈述".

76. Security and Guarding Services In the Schedule, in item 4, add "的類型" after "保安工

(Fees) Regulation (Cap. 460 作".

sub. leg.)

77. Sex Discrimination Ordinance (a) In section 36(2)(d), repeal "受到壓力而要離開該事

(Cap. 480) 務所" and substitute "受到離開該事務所的壓力".

(b) In section 83(5), repeal "獲接納的成文法則" and substitute "獲接納的成文法則或法律
規則".

78. Airport Authority Ordinance In section 9---

(Cap. 483) (a) in subsection (1), repeal "subsections (3) and (8)" and substitute "subsection (3)";

(b) repeal subsection (8).

79. Mandatory Provident Fund (a) In section 13(a), repeal everything after "條文外，"

Schemes Ordinance (Cap. 485) and substitute "註冊計劃的受託人不得向任何計劃成員或任
何其他人支付該等累算權益的任何部分或將該等累算權益的任何部分以其他形式處置
轉予任何計劃成員或任何其他人;".

(b) In section 15(1), repeal "須" and "予他的".

80. Mandatory Provident Fund (a) In section 54(3), repeal "送達" and substitute "交

Schemes (General) Regulation 給".

(Cap. 485 sub. leg.) (b) In section 68(8)(c), add "Hong Kong" before "chief executive officer".

(d) In section 154(1)(c) and (3)(c), repeal "貨幣" and substitute "銀碼".

(e) In Schedule 1, in Part III, in section 16(5)(b), add "and (j)" after "(e)".

81. Disability Discrimination (a) In section 33(2)(d), repeal "受到壓力而要離開該事

Ordinance (Cap. 487) 務所" and substitute "受到離開該事務所的壓力".

(b) In section 79(5), repeal "獲接納的成文法則" and substitute "獲接納的成文法則或法律
規則".

82. Non-local Higher and In section 34(5), repeal "subsection (1) or (2)" and

Professional Education substitute "this section".

(Regulation) Ordinance

(Cap. 493)

83. Carriage by Air Ordinance In Schedule 4, in Part II, in Article VIII, add "第VII

(Cap. 500) 條" after "《瓜達拉哈拉公約》".

84. Social Workers Registration In the Chinese text, in section 30(1)(c), add "或" at the

Ordinance (Cap. 505) end.

85. Estate Agents Ordinance (a) In section 27(5)(b), repeal "notwithstanding the fact

(Cap. 511) that any 1 or more of the following, namely," and substitute "notwithstanding any 1 or more of the following, namely, that".

(b) In section 36(2)---

(i) add "may" before "include the following";

(ii) in paragraph (d), add "的某" before "類別";

(iii) in paragraph (f), repeal "terms" and substitute "term".

86. Official Secrets Ordinance Repeal section 28.

(Cap. 521)

87. Mutual Legal Assistance in In section 5(1)(e), repeal "就構成該罪行的同一作為或

Criminal Matters Ordinance 不作為所構成的罪行或另一外地罪行" and substitute

(Cap. 525) "就該外地罪行或由構成該外地罪行的同一作為或不作為所構成的另一外
地罪行".

88. Land (Compulsory Sale for In section 4(6)(b), repeal "sections 10(2)," and substitute

Redevelopment) Ordinance "section 10(2) or".

(Cap. 545)

89. Lands Tribunal (Amendment) In section 3---

Rules 1999 (L.N. 100 of 1999) (a) in rule 78E(3), add "respondent" before "majority";

(b) in rule 78F---

(i) repeal "majority or" and substitute "majority owner or";

(ii) add "身為租客的" after "須使".

90. Waterworks (Amendment) In section 2(b), in new regulation 19(6), repeal "section

Regulation 1999 (L.N. 106 2" and substitute "section 3".

of 1999)

SCHEDULE 3 [s. 50]

Repealed Enactments

1. Essential Commodities Reserves Regulations (Cap. 146 sub. leg.).

2. Royal Hong Kong Regiment Regulations (Cap. 199 sub. leg.).

3. Royal Hong Kong Regiment (Reserve of Officers and Members) Regulations (Cap. 199 sub. leg.).

4. Royal Hong Kong Regiment (Pensions) Regulations (Cap. 199 sub. leg.).

5. Smuggling into China (Control) Ordinance (Cap. 242).

6. Emergency Powers (Extension and Amendment Incorporation) Ordinance (Cap. 251).

7. Merchant Shipping (Crew Accommodation) Regulations (Exemption) Notice 1990 (L.N. 26 of 1990).

8. Merchant Shipping (Conduct of Inquiries) Rules 1990 (L.N. 449 of 1990).

9. Den norske Bank Ordinance (Cap. 1151).

10. Criminal Procedure (Amendment) Ordinance 1973 (44 of 1973).

Explanatory Memorandum

This Bill contains miscellaneous amendments to various Ordinances.

2. Part II amends the Detention Centres Ordinance (Cap. 239), the Drug Addiction Treatment Centres Ordinance (Cap. 244) and the Training Centres Ordinance (Cap. 280) to specify the effect of an existing detention order, supervision order and recall order to which a person is subject to, if such person is further sentenced to detention in a detention centre, addiction treatment centre or training centre.

3. Part III amends the Conveyancing and Property Ordinance (Cap. 219) to provide for discharge by the court of an encumbered property by payment into the court of an amount sufficient to meet the encumbrance.

4. Part IV amends the Offences against the Person Ordinance (Cap. 212) to abrogate the "year and a day rule" in relation to all offences involving death and suicide.

5. Part V amends the Mental Health Ordinance (Cap. 136) and the Criminal Procedure Ordinance (Cap. 221) to provide that at least 2 psychiatrists shall give evidence to courts for the purposes of determining an accused's fitness to be tried or an accused's fitness for a guardianship order or a supervision and treatment order.

6. Part VI amends the Crimes Ordinance (Cap. 200)---

(a) to provide that where the full texts of the sections under which an offence is committed, is required to be set out in a notice, it may be done by reference to another notice published at the same time and in the same newspapers which already contains the full texts of those sections;

(b) to allow proceedings to be taken in respect of a conspiracy committed before the commencement of the Crimes (Amendment) Ordinance 1996 (49 of 1996).

7. Part VII amends the Births and Deaths Registration Ordinance (Cap. 174) to remove reference to an order made under a repealed Ordinance and provide saving for such an order.

8. Part VIII adds a new section to the Interpretation and General Clauses Ordinance (Cap. 1) to provide that a reference to a former judge of a court includes a reference to a former judge of a court constituted under the laws of Hong Kong before 1 July 1997.

9. Part IX amends the Audit Ordinance (Cap. 122)---

(a) to make provision for the application of the Director of Audit's statutory powers to certain moneys which are not taxpayers' moneys but are in the custody of public officers;

(b) to empower the Director of Audit to delegate his duties or powers to any public officer;

(d) to consequentially repeal certain rules which require the accounts kept by certain public officers to be audited by the Director of Audit.

10. Part X amends the Transfer of Sentenced Persons Ordinance (Cap. 513) to remove an ambiguity as to whether an inward warrant may be issued in respect of a sentenced person who is serving an indeterminate sentence only because on account of his mental incapacity, the intention being that such an inward warrant may be issued whether the sentenced person is serving an indeterminate sentence on account of his mental incapacity or otherwise.

11. Part XI amends the citation of the Child Care Centres Regulations (Cap. 243 sub. leg.) to the Child Care Services Regulations to bring it into conformity with the title of the principal Ordinance. It also makes consequential amendments to references to the title of the principal Ordinance and to the Child Care Centres Regulations (Cap. 243 sub. leg.) appearing in other Ordinances.

12. Part XII provides---

(a) for the updating of the reference to the "Diplomatic Privileges Ordinance" to the "International Organizations and Diplomatic Privileges Ordinance" in the International Telecommunication Union (Cap. 190 sub. leg.);

(b) an explicit reference in the Asia-Pacific Telecommunity Notification (Cap. 190 sub. leg.) to the Government of the People's Republic of China's membership in the Asia-Pacific Telecommunity; and

(c) for the updating of the reference to "International Maritime Satellite Organization" to "International Mobile Satellite Organization" in the International Maritime Satellite Organization Notification (Cap. 190 sub. leg.).

13. Part XIII makes provisions---

(a) to deem certain items of subsidiary legislation that were not laid on the table of the Legislative Council, as required by section 34(1) of the Interpretation and General Clauses Ordinance (Cap. 1) to have been duly laid on the table of the Legislative Council;

(b) to indemnify persons from liability in respect of the failure to lay the subsidiary legislation on the table of the Legislative Council;

(c) to declare a Commencement Notice relating to the Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403 sub. leg.) to be of no force and effect. This is done in consequence of an earlier notice (referred to in item 1 in Schedule 1) which relates to the same Regulation, being deemed to have been duly laid on the table of the Legislative Council; and

(d) to make it clear that these provisions do not create retrospective offences or increase penalties with retrospective effect. It also provides that existing legal proceedings are not affected by these provisions.

14. Part XIV amends the Immigration Ordinance (Cap. 115) to rectify an inconsistency in the
Chinese term "登記主任" (registration officer), and to make miscellaneous amendments of a minor
nature to various Ordinances. These amendments mainly relate to inconsistency in terms, references
to repealed official titles, error in cross-referencing, grammatical errors and other textual errors.

15. Part XV repeals those Ordinances and subsidiary legislation set out in Schedule 3 as they are either no longer in operation or have never been in operation.