Legislative Council

LC Paper No. LS 177/98-99

Object(s) of the Bill

To adapt certain Ordinances and their subsidiary legislation 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.

LegCo Brief Reference

2. S/F(24) to HAB/CR/1/19/45 Pt. 2 issued on 5 May 1999 by Home Affairs Bureau.

Date of First Reading

3. 19 May 1999.

Comments

4. A list of the Ordinances and subsidiary legislation affected by the Bill and a summary of the proposed amendments in the Bill are at Annexes A and B respectively. Members may note that all of the Ordinances and subsidiary legislation set out at Annex A deal mainly with certain terminological changes, for example, references to "the Colony", "Governor", and are replaced by "Hong Kong", "Chief Executive", and respectively.

5. If enacted, the Bill will take retrospective effect from 1 July 1997 to ensure that there is consistency in the interpretation of all laws on and after 1 July 1997. The retrospective effect will not apply to provisions involving criminal offences or penalties.

Public Consultation

6. There has not been any public consultation on the Bill.

Consultation with the LegCo Panel

7. No consultation with any LegCo Panel on the details of the Bill has been carried out.

Conclusion

8. The proposed amendments are mainly terminological changes. Their legal and drafting aspects are in order. Members are recommended to support the resumption of Second Reading debate of the Bill.


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
18 May 1999

LS/B/80/98-99

Annex A

Item No.	Ordinances
1.	New Territories Ordinance (Cap. 97)
2.	Gambling Ordinance (Cap. 148)
3.	Man Mo Temple Ordinance (Cap. 154)
4.	Marriage Reform Ordinance (Cap. 178) and its subsidiary legislation
5.	Registration of Local Newspapers Ordinance (Cap. 268) and its subsidiary legislation
6.	Building Management Ordinance (Cap. 344)
7.	Hotel and Guesthouse Accommodation Ordinance (Cap. 349)
8.	Clubs (Safety of Premises) Ordinance (Cap. 376)
9.	Hong Kong Bill of Rights Ordinance (Cap. 383)
10.	Bedspace Apartments Ordinance (Cap. 447)
11.	Personal Data (Privacy) Ordinance (Cap. 486)

Annex B

A. Amendments



Notes:

1

Section 26 of the Gambling Ordinance (Cap. 148) (Item 1 of Schedule 2) -
The provision relates to forfeiture proceedings of money, gambling equipment or other property, not being immovable property, used in unlawful gambling to the Crown.

Section 7 of the Man Mo Temple Ordinance (Cap. 154) (Item 6 of Schedule 3) -
The provision relates to the vesting of property in the Crown in case of repeal of the Ordinance.

Section 15(9) of the Hotel and Guesthouse Accommodation Ordinance (Cap 349) (Item 2 of Schedule 7) -
The provision relates to the sum, in respect of the costs involved in the appeal, awarded to the Hotel and Guesthouse Accommodation Authority by the Appeal Board is recoverable as a debt due to the Crown.

Section 20(2)(b) of the Hotel and Guesthouse Accommodation Ordinance (Item 4 of Schedule 7) -
The provision relates to the recovery of expenses by the Secretary for Home Affairs for work done to effect a court order under the Ordinance as a debt due to the Crown.

Section 15(9) of the Clubs (Safety of Premises) Ordinance (Cap. 376) (Item 2 of Schedule 8) -
The provision relates to the sum, in respect of the costs involved in the appeal, awarded to the Secretary for Home Affairs by the Appeal Board is recoverable as a debt due to the Crown.

Section 20(2)(b) of the Clubs (Safety of Premises) Ordinance (Item 4 of Schedule 8) -
The provision relates to the recovery of expenses by the Secretary for Home Affairs for work done to effect a court order under the Ordinance as a debt due to the Crown.

Section 25(5) of the Bedspace Apartments Ordinance (Cap. 447) (Item 1 of Schedule 10) -
The provision relates to recovery of costs of work by the Bedspace Apartments Authority as a debt to the Crown.

2

Section 6 of the Man Mo Temple Ordinance (Item 5 of Schedule 3) -
Under Article VII(1) of the Letters Patent, the Governor makes laws by and with the advice and consent of the Legislative Council. There is no similar requirement in the Basic Law. There is a consequential amendment to the same provision by repealing the reference to the Governor's intention to introduce such an Ordinance and substituting the reference to the Government's intention to introduce such a bill.

3

Section 8 of the Man Mo Temple Ordinance (Item 7 of Schedule 3).

4

Section 2 of the Marriage Reform Ordinance (Cap. 178) (Item 1(a) of Schedule 4) -
The definition of *appointed day* means the day appointed for the purpose of the Ordinance by the Governor under section 3. Section 3 provides that the Governor may by notice in the Gazette appoint a day to be the appointed day for the purposes of the Ordinance. The Governor did by notice in the Gazette appoint 7 October 1971 as the day on which the Ordinance came into operation. Therefore, the reference to a day to be appointed is historic.

5

Section 10(1) of the New Territories Ordinance (Cap. 97) (Item 5(b) of Schedule 1) -
The provision deems the District Land Office, Kowloon, the District Land Office, Tai Po, and the District Land Office, Ping Shan to have been approved as a New Territories Land Office by order of the Governor in Council duly made under the provision. The reference to *Governor in Council* is a historic reference and is proposed to be deleted.

6

Section 3 of the Marriage Reform Ordinance (Item 2 of Schedule 4) -
The reason for repeal is explained in 4.

7

Section 2 (13) of the Personal Data (Privacy) Ordinance (Cap. 486) (Item 1(b) of Schedule 11).