Legislative Council

LC Paper No. LS 85/98-99

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

Legal Service Division Report on
Adaptation of Laws (No. 17) Bill 1998


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 (16) to HAB/CR/1/19/45 dated 22 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 those amendments are at Annexes A and B respectively. Members may note that the Ordinances set out at Annex A mainly deal with the establishment of trust funds.

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.

6. Section 11 of the Social Work Training Fund (Cap. 1100) empowers the trustee of the Social Work Training Fund to invest, and remit moneys of the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. The Bill proposes to delete the part relating to remittance to the Crown Agents. We are seeking clarification from the Administration on the meaning of the term "Crown Agents" in practice. The Administration has not yet replied.

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. While most of the proposed amendments are technical in nature, some of them relate to outstanding points of general principle of the Adaptation of Laws Exercise, for example, the adaptation of the phrase "Her Majesty the Queen, Her Heirs or Successors" into "the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law an other laws"; the adaptation of the term "Governor" into "Chief Executive in Council". Members are recommended to defer decision on the Bill pending the Administration's reply on the term "Crown Agents".


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
6 January 1999

LS/S/37/98-99


Annex A

List of Ordinances affected by
the Adaptation of Laws (No. 17)Bill 1998


Item No.Ordinances
1.Trustee Ordinance (Cap. 29)
2.Registered Trustees Incorporation Ordinance (Cap. 306)
3.Queen Elizabeth Foundation for the Mentally Handicapped Ordinance (Cap. 399)
4.Secretary for Home Affairs Incorporation Ordinance (Cap. 1044)
5.Chinese Temples Ordinance (Chapter 153)
6.Li Po Chun Charitable Trust Fund Ordinance (Chapter 1110)
7.Grantham Scholarships Fund Ordinance (Cap. 1076)
8.Social Work Training Fund Ordinance (Cap. 1100)
9.Sir Robert Black Trust Fund Ordinance (Cap. 1101)
10.Sir Murray MacLehose Trust Fund Ordinance (Cap. 1118)
11.Sir Edward Youde Memorial Fund Ordinance (Cap. 1140)


Annex B

Adaptation of Laws (No. 17) Bill 1998
Summary of the proposed amendments


Trustee Ordinance (Cap. 29)

Original Terms

Proposed Amendments

Governor
ss. 66(1), 67(1), 106(1) & 106(2)

Chief Executive
ss. 66(1), 67(1), 106(1) & 106(2)

Governor
s. 105(3)

Chief Executive in Council
s. 105(3)

Crown
s. 73

Government
s. 73

Governor in Council
ss. 76, 78(3) & 80(2)

Chief Executive in Council
ss. 76, 78(3) & 80(2)


s. 64


s. 64



Registered Trustees Incorporation Ordinance (Cap. 306)

Original Terms

Proposed Amendments

Governor
ss. 4(1), 5(1) & item 3 of the Second Schedule

Chief Executive
ss. 4(1), 5(1) & item 3 of the Second Schedule

the Colony
s. 15(1)

Hong Kong
s. 15(1)

Governor in Council
s. 15(2)

Chief Executive in Council
s. 15(2)


s.15(2)


s. 15(2)



Queen Elizabeth Foundation for the Mentally Handicapped Ordinance (Cap. 399)

Original Terms

Proposed Amendments
Governor
paragraphs (a), (d) & (e) of s. 5, s.10(1),
(2) & (3), s. 11(2), s.12(2) & s. 13

Chief Executive
paragraphs (a), (d) & (e) of s. 5, s. 10(1),
(2) & (3), s.11(2), 12(2) & 13

Royal Hong Kong Jockey Club
paragraph (d) of s. 5		Hong Kong Jockey Club
paragraph (d) of s. 5

Governor's pleasure
paragraph (a) of s.10(1)

discretion of the Chief Executive
paragraph (a) of s. 10(1)


s. 13


s. 13



Secretary for Home Affairs Incorporation Ordinance (Cap. 1044)

Original Terms

Proposed Amendments

Crown lease
s. 7(a) & (b)

Government lease
s. 7(a) & (b)

Governor
s. 8(1) & (2)(b) & s. 10(4)

Chief Executive
s. 8(1) & (2)(b) & s. 10(4)

Her Majesty the Queen, Her Heirs or Successors
s. 9

the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws
s. 9


s. 1


s. 1


s. 10(6)


s. 10(6)



Chinese Temples Ordinance (Cap. 153)

Original TermsProposed Amendments

s. 7(1)


s. 7(1)



Li Po Chun Charitable Trust Fund Ordinance (Cap. 1110)

Original TermsProposed Amendments

s. 4(1)


s. 4(1)



Grantham Scholarships Fund Ordinance (Cap. 1076)

Original Terms

Proposed Amendments

Governor
ss. 4(1)(f), 8, 10(2) & 10(3)

Chief Executive
ss. 4(1)(f), 8, 10(2) & 10(3)

Governor shall
s.4(3)

Chief Executive shall
s. 4(3)

by the Governor at his pleasure
s. 4(3)

at the discretion of the Chief Executive
s. 4(3)

s. 10(3)


s. 10(3)



Social Work Training Fund Ordinance (Cap. 1100)

Original Terms

Proposed Amendments

Governor
ss. 4(2), 5(1)(d), 5(2), 5(3), 6(2), 7(1), 9, 10(2) & 10(3)

Chief Executive
ss. 4(2), 5(1)(d), 5(2), 5(3), 6(2), 7(1), 9, 10(2) & 10(3)

by the Governor at his pleasure
s. 5(2)

at the discretion of the Chief Executive
s. 5(2)

by deleting " and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee"
s. 11




Her Majesty the Queen, Her Heirs or Successors
s. 13

the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws
s. 13

s. 10(3)


s. 10(3)



Social Work Training Fund Ordinance (Cap. 1100)

Original Terms

Proposed Amendments

Governor
ss. 4(2), 5(1)(d), 5(2), 5(3), 6(2), 7(1), 9, 10(2) & 10(3)

Chief Executive
ss. 4(2), 5(1)(d), 5(2), 5(3), 6(2), 7(1), 9, 10(2) & 10(3)

by the Governor at his pleasure
s. 5(2)

at the discretion of the Chief Executive
s. 5(2)

by deleting " and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee"
s. 11




Her Majesty the Queen, Her Heirs or Successors
s. 13

the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws
s. 13

s. 10(3)


s. 10(3)



Sir Robert Black Trust Fund Ordinance (Cap. 1101)

Original Terms

Proposed Amendments

Governor
ss. 5(2)(f), 7(2) & 10(2) & 10(3)

Chief Executive
ss. 5(2)(f), 7(2) & 10(2) & 10(3)

Governor shall
s. 5(3)

Chief Executive shall
s. 5(3)

by the Governor at his pleasure
s. 5(3)

at discretion of the Chief Executive
s. 5(3)

s. 10(3)


s. 10(3)



Sir Murray MacLehose Trust Fund Ordinance (Cap. 1118)

Original Terms

Proposed Amendments

Governor
ss. 3, 4(1), 4(3), 5, 7(2) & 7(3)

Chief Executive
ss. 3, 4(1), 4(3), 5, 7(2) & 7(3)

ss. 2(3) & 5(1)


ss. 2(3) & 5(1)

s. 7(3)


s. 7(3)



Sir Edward Youde Memorial Fund Ordinance (Cap. 1140)

Original Terms

Proposed Amendments

Governor
ss. 4(3)(a), 4(3)(c), 9(2)(a), 9(2)(c), 11(2), 11(3), 11(4), 14(2), 14(3) & 14(4)

Chief Executive
ss. 4(3)(a), 4(3)(c), 9(2)(a), 9(2)(c), 11(2), 11(3), 11(4), 14(2), 14(3) & 14(4)

Governor under
s.11(1)

Chief Executive under
s.11(1)

by the Governor at his pleasure
s. 11(1)

at the discretion of the Chief Executive
s. 11(1)

s. 14(4)


s. 14(4)