Legislative Council

LC Paper No. LS 79/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 8 January 1999

Legal Service Division Report on
Adaptation of Laws (No. 14) Bill 1998

Object(s) of the Bill

To 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.

LegCo Brief Reference

2. LM to S/F(25) to HAB/CR/1/19/45 dated 16 December 1998 issued by the Home Affairs Bureau.

Date of First Reading

3. 6 January 1999.

Comments

4. A list of the Ordinances affected by the proposed amendments in the Bill and a summary of the amendments on terminology are at Annexes A and B respectively. Other miscellaneous amendments are set out at Annex C. Members may note that the Ordinances set out at Annex A relate to the incorporation of various religious organisations. The proposed amendments are essentially technical changes to individual Ordinances.

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.

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. As the principles behind some of the proposed amendments set out at Annex B are being studied by the Bills Committee on the Adaptation of Laws Bill 1998, Members may wish to defer consideration on this Bill pending the outcome of deliberations by the said Bills Committee.


Prepared by

FUNG Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
4 January 1999

Annex B


Adaptation of Laws (No. 14) Bill 1998
Summary of the proposed amendments on terminology


Original TermsProposed Amendments
the Colony/this Colony

Hong Kong

GovernorChief Executive
the rights of Her Majesty the Queen,
Her Heirs or Successors*		the rights of the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws



Note

* According to paragraph 3 of the LegCo Brief, this amendment is based on item 10 of Annex 3 of the Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. In that item, it is stated that:

    "10. Any reference in any provision to "nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors" shall be construed as a reference to "nothing in this Ordinance shall affect or be deemed to affect the rights of the Central (People's Government) or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws.".

Such provision is now incorporated into item 21 of Schedule 8 to the Interpretation and General Clauses Ordinance (Cap. 1).

Annex A

List of Ordinances affected by the Adaptation of Laws (No. 14) Bill 1998

Item No.

Ordinances

1.

Basel Evangelical Missionary Society Incorporation Ordinance (Cap. 1002)

2.

China Congregational Church Ordinance (Cap. 1009)

3.

China Peniel Missionary Society Incorporation Ordinance (Cap. 1011)

4.

Chinese Young Men's Christian Association Ordinance (Cap. 1013)

5.

Daughters of Charity of the Canossian Institute Incorporation Ordinance (Cap. 1016)

6.

Maryknoll Sisters of St. Dominic Incorporation Ordinance (Cap. 1019)

7.

Irish Province of the Order of Franciscans Minor Incorporation Ordinance (Cap. 1028)

8.

Jesuit Order (English Assistancy) Incorporation Ordinance (Cap. 1029)

9.

Jesuit Order (Portuguese Province) Incorporation Ordinance (Cap. 1030)

10.

Kowloon Tong Church of the Chinese Christian and Missionary Alliance Incorporation Ordinance (Cap. 1031)

11.

Kowloon Union Church Incorporation Ordinance (Cap. 1032)

12.

Pontifical Foreign Missions Institute Incorporation Ordinance (Cap. 1041)

13.

Salesian Society Incorporation Ordinance (Cap. 1043)

14.

Sisters of the Precious Blood Order Incorporation Ordinance (Cap. 1045)

15.

Chater (Cathedral and St. Andrew's) Endowment Funds Incorporation Ordinance (Cap. 1050)

16.

Union Church Incorporation Ordinance (Cap. 1052)

17.

Chinese Rhenish Church, Hong Kong Synod, Incorporation Ordinance (Cap. 1060)

18.

Daughters of Mary Help of Christians Incorporation Ordinance (Cap. 1070)

19.

Tsimshatsui Baptist Church Incorporation Ordinance (Cap. 1073)

20.

Hoseinee Society of Hong Kong Incorporation Ordinance (Cap. 1074)

21.

Hong Kong Baptist Church Incorporation Ordinance (Cap. 1078)

22.

Ling Liang World-Wide Evangelistic Mission Incorporation Ordinance(Cap. 1079)

23.

Franciscan Missionaries of Mary Incorporation Ordinance (Cap. 1082)

24.

Congregation of Our Lady of Charity of the Good Shepherd of Angers at Hong Kong Incorporation Ordinance (Cap. 1084)



Annex C

Adaptation of Laws (No. 14) Bill 1998

Miscellaneous Provisions repealed


Ordinance

Section

Repealed Provision

Pontifical Foreign Missions Institute Incorporation Ordinance (Cap. 1041)

[Schedule 12 to the Bill]

s.2

"The Procurator for the time being in the Colony of Hong Kong of the Pontifical Foreign Missions Institute shall be a corporation sole ...".

Salesian Society Incorporation Ordinance (Cap. 1043)

[Schedule 13 to the Bill]

s.2

"The Procurator for the time being in the Colony of Hong Kong of the Salesian Society shall be a corporation sole ...".

Sisters of the Precious Blood Order Incorporation Ordinance (Cap. 1045)

[Schedule 14 to the Bill]

s.2

"The Superioress for the time being in the Colony of Hong Kong of the Congregation of the Sisters of the Precious Blood shall be a body corporate ...".

Chinese Rhenish Church, Hong Kong Synod, Incorporation Ordinance (Cap. 1060)

[Schedule 17 to the Bill]

s.3(2)

"A notification in the Gazette under the hand of the Chief Secretary* or Deputy Colonial Secretary that such evidence has been furnished to the Chief Secretary by such persons shall be conclusive evidence of such appointments".



Note

* The post title of "Chief Secretary" has been changed to "Chief Secretary for Administration" by virtue of the Declaration of Change of Titles (General Adaptation) Notice 1997 (L.N. 362 of 1997). The post title of "Deputy Colonial Secretary" no longer exists after the reunification and the same is therefore proposed to be repealed.