LC Paper No. LS 74/98-99

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. L/M (C) in PELB(CR) 10/32/98 issued in December 1998 by the Planning, Environment and Lands Bureau.

Date of First Reading

3. 6 January 1999.

Comments

4. A list of the Ordinances 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 set out at Annex A deal with land and buildings.

5. The Bill does not seek to introduce any change in policy. The proposed amendments are 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 the LegCo Panel

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

Conclusion

9. The Legal Service Division is seeking clarification from the Administration on certain technical points. It is recommended that resumption of Second Reading debate of this Bill should take place after the Bills Committee on the Adaptation of Laws Bill 1998 has made its report so that any general points on the adaptation of laws exercise which may be recommended by that Bills Committee could be considered in the context of this Bill.


Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
4 January 1999

Annex A

List of Ordinances affected by the Adaptation of Laws (No. 11) Bill 1998

Item No.	Ordinances
1	Land Development Corporation Ordinance (Cap. 15)
2	Sale of Land by Auction Ordinance (Cap. 27)
3	Buildings Ordinance (Cap. 123)
4	Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127)
5	Land Acquisition (Possessory Title) Ordinance (Cap. 130)
6	Town Planning Ordinance (Cap. 131) and its subsidiary legislation
7	Aerial Ropeways (Safety) Ordinance (Cap. 211)
8	Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276)
9	Land Survey Ordinance (Cap. 473)

Annex B

Original Terms	Proposed Amendments
Colony	Hong Kong
Crown1	Government/State
Governor2	Chief Executive/ Chief Executive in Council
Governor in Council	Chief Executive in Council
at the pleasure of the Governor3	at the discretion of the Chief Executive
Chief Executive4	Chief Executive of the Corporation

Notes:

1

1. paragraph 2 of the First Schedule to the Land Development Corporation Ordinance (Cap. 15) -
   The Land Development Corporation shall not be regarded as a servant or agent of the State, or as enjoying any status, immunity or privilege of the State.
   
   
2. sections 5(5), 11(6) of the Buildings Ordinance (Cap. 123) -
   office or emolument of the Government.
   
   
3. section 33(6) of the Buildings Ordinance (Cap. 123);
   section 10(4) and 17(5) of the Aerial Ropeways (Safety) Ordinance (Cap. 211) -
   recovered as a debt due to the Government.
   
   
4. section 36(3)(a) of the Buildings Ordinance (Cap. 123) -
   claim of the Government to withhold document on the ground that its production would be contrary to public interest.
   
   
5. section 38(3)(b) of the Buildings Ordinance (Cap. 123) -
   deposit forfeited to the Government.
   
   
6. sections 10(1)(b), 11 and 15 of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127);
   sections 10(1) and 12 of the Land Acquisition (Possessory Title) Ordinance (Cap. 130);
   sections 17, 18(1), 19(4), 20(3), 21(6)(a) and (6A)(c) and 27(b) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) -
   right to claim against the Government for payment of compensation and interest.
   
   
7. section 31 of the Aerial Ropeways (Safety) Ordinance (Cap. 211) -
   limitation of public liability.

2

1. section 3(4) of the Land Development Corporation Ordinance (Cap. 15) -
   order to amend the First Schedule.
   
   
2. sections 4(1), 5(3)(d), 6, 7(3)(d), 8, 10(1) and 15(4) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) -
   order for resumption of land, creation of easements or rights, and closure or substantial alteration of streets.

3

section 3(2)(d) of the Land Development Corporation Ordinance (Cap 15).

4

First Schedule to the Land Development Corporation Ordinance (Cap. 15) -
to distinguish "Chief Executive of the Land Development Corporation" from the "Chief Executive of HKSAR".