Legislative Council

LC Paper No. LS246/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 24 September 1999

Legal Service Division Report on
Adaptation of Laws (No. 29) Bill 1999


Object 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. SBCR 5/5/1162/88 Pt. 24 issued by the Security Bureau on 7 July 1999.

Date of First Reading

3. 14 July 1999.

Comments

4. A list of the Ordinances affected by the Bill is at Annex B. The Ordinances relate to various disciplined services. A summary of the technical amendments is set out in Annex A.

5. The Bill does not seek to introduce any change in policy and only effects essentially technical drafting changes to individual Ordinances.

6. 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

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

Consultation with LegCo Panel

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

Conclusion

9. The Legal Services Division is seeking clarification from the Administration on certain drafting aspects of the Bill. A further report will be issued , if necessary.


Prepared by


KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
20 September 1999


Encl


Annex B

List of Ordinances affected by the Adaptation of Laws (No. 29) Bill 1999

    1. Fire Services Ordinance (Cap. 95)

    2. Essential Services Corps Ordinance (Cap. 197)

    3. Police Force Ordinance (Cap. 232)

    4. Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233)

    5. Police Forces (Change of Title) Ordinance (Cap. 248)

    6. Immigration Service Ordinance (Cap. 331)

    7. Customs and Excise Service Ordinance (Cap. 342)

    8. Auxiliary Medical Service Ordinance (Cap. 517)

    9. Civil Aid Service Ordinance (Cap. 518)

    10. Police Children's Education Trust Ordinance (Cap. 1119)

    11. Police Education and Welfare Trust Ordinance (Ca