Legislative Council

LC Paper No. LS37/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 23 October 1998

Legal Service Division Report on
Adaptation of Laws (No. 2) 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. SBCR 5/5/1162/88(98) Pt. 15 issued by the Security Bureau.

Date of First Reading

3. 14 October 1998.

Comments

4. The list of the Ordinances affected by the Bill is at Annex C. A summary of the technical amendments is set out in Annex A.

5. Apart from the provisions mentioned in Annex B, 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 the LegCo Panel

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

Conclusion

9. Apart from certain legal and technical points on which the Legal Service Division is seeking clarification from the Administration, the legal and drafting aspects of the Bill are in order. A further report will be issued if necessary.

Encls.


Prepared by
KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
21 October 1998


Annex A

Adaptation of Laws (No. 2) Bill 1998

Summary of the proposed technical amendments

Original Terms

Proposed Amendments

British Ship

Hong Kong Ship

the Colony

Hong Kong

Country

Country or Territory

Crown1

Government

Governor

Chief Executive

Governor in Council

Chief Executive in Council

Royal Hong Kong Police

Force Shooting Club

Hong Kong Police

Shooting Club

Royal Hong Kong Auxiliary

Police Rifle and Revolver Club

Hong Kong Auxiliary

Police Shooting Club

Royal Hong Kong Police

Hong Kong Police Force

    1(a) Section 38F(2) and (4) of the Dangerous Drugs Ordinance (Cap. 134)

    - Forfeiture of ships carrying excessive quantity of drugs.

    (b) Sections 55 and 56(1), (2) and (4) of the Dangerous Drugs Ordinance (Cap. 134)

    - Forfeiture of dangerous drugs, money and properties of convicted drug trafficking offenders.

    (c) Section 153(2) of the Crimes Ordinance (Cap. 200)

    - Forfeiture of chattels seized in vice establishment.

    (d) Section 47A(3) of the Offences against the Person Ordinance (Cap. 212) & Form 3 in Termination of Pregnancy Regulations

    - hospital or clinic maintained by the Crown.

    (e) Section 13(2) of the Weapons Ordinance (Cap. 217)

    - Forfeiture of prohibited weapon to the Crown.

    (f) Sections 44(2) and 46(5) of the Firearms and Ammunition Ordinance (Cap. 238)

    - Forfeiture to the Crown of arms or ammunition.

    (g) Section 31(6)(j) of the Public Order Ordinance (Cap. 245)

    - persons not subject to or obliged to comply with a curfew order when on duty or proceeding to or from duty: servant of the Crown.

    (h) Section 28(10) of the Organised and Serious Crimes Ordinance (Cap. 455)

    - Disclosure of information held by public bodies: order under section 28(1) shall be served as if the proceedings were civil proceedings against the Crown.

Annex B

Adaptation of Laws (No. 2) bill 1998

Provisions repealed or amended which may not be merely technical in nature

A. Summary of Repealed Provisions

Ordinance

Section

Repealed Provision

Dangerous Drugs
Ordinance (Cap. 134)

2(1)

"medicinal opium".

in accordance with the requirements of the British Pharmacopoeia

Crimes Ordinance
(Cap. 200)

41

Judge's power to direct a prosecution for perjury committed by any person in the course of proceeding before him

84

"Act or"

85(1)(a)

B. Summary of Amendments

Ordinance

Section

Orginial Provision

Amended Provision

Societies Ordinance

(Cap. 151)

Paragraph (5) of the Schedule

(5) Any company or association constituted under Royal Charter, Royal Letters Patent, any Imperial Act or any Ordinance.

(5) Any company or association constituted pursuant to or under any Ordinance or other legislation applicable to Hong Kong.

(5A) Any company or association which was, immediately before the commencement of the Adaptation of Laws (No. ) Ordinance 1998 ( of 1998), a company or association constituted under Royal Charter, Royal Letters Patent or any Imperial Act and was immediately before that commencement, a local society.

26N(3)

Governor

Chief Executive in Council

Offences Against the Person Ordinance (Cap. 212)

5

whether he is a subject of Her Majesty or not and whether he is within Her Majesty's dominions or not

whatever his nationality or citizenship and wherever he may be

Firearms and

Ammunition Ordinance

(Cap. 238)

4(1)

Governor

Chief Executive or (as the case may be) the Chief Executive in Council

4(2)

The Governor may by notice in the Gazette exempt any person or class or description of persons from the prohibition in section 13 either generally or to such limited extent as he may specify, and may at any time by notice in the Gazette vary or revoke the exemption.

Exemption may be granted by notice in the Gazette -

(a) by the Chief Executive for any person; or

(b) by the Chief Executive in Council for any class or description of persons,

from the prohibition in section 13 either generally or to such limited extent as he may specify, and the Chief Executive or the Chief Executive in Council (as the case may be) may at any time by notice in the Gazette vary or revoke the exemption.

5(2)

"specified vessel" means -

(a) any vessel regularly employed in trading or going within river trade limits (as defined in the Shipping and Port Control Ordinance (Cap. 313));

(b) any vessel employed in sea fishing;

(c) any vessel used for pleasure purposes;

(d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hog Kong;

(e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation;

(f) any other vessel or description of vessel which the Governor may declare by notice in the Gazette to be a specified vessel,

whether the vessel is provided with a certificate of registry or a certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap. 415), or with any document granted in a place outside Hong Kong and similar or equivalent in effect to any such certificate.

"specified vessel" means -

(a) any vessel regularly employed in trading or going within river trade limits (as defined in the Shipping and Port Control Ordinance (Cap. 313));

(b) any vessel employed in sea fishing;

(c) any vessel used for pleasure purposes;

(d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hong Kong;

(e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for used in navigation;

(f) any other vessel which the Chief Executive may declare by notice in the Gazette to be a specified vessel or any description of vessel which the Chief Executive in Council may so declare to be a specified vessel,

whether the vessel is provided with a certificate of registry or a certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap. 415), or with any document granted in a place outside Hong Kong and similar or equivalent in effect to any such certificate.

Public Order Ordinance (Cap. 245)

2(1)

"designated public area"

10

31(1), (3)(a) & (c) & (4)

34(1)

36(1) & (2)

37(2)(b)

39(4)(c)

Governor

Chief Executive in Council

Organized and Serious Crimes Ordinance (Cap. 455)

2(16)(d)

Her Majesty's pardon in respect of his conviction

The Chief Executive's pardon in respect of the conviction

Annex C

List of Ordinances affected by the Adaptation of Laws (No. 2) Bill 1998

Item No.

Ordinances

1.

Dangerous Drugs Ordinance (Cap. 134)

2.

Societies Ordinance (Cap. 151)

3.

Crimes Ordinance (Cap. 200) (Parts III to XIII)

4.

Offences against the Person Ordinance (Cap. 212)

5.

Weapons Ordinance (Cap. 217)

6.

Summary Offences Ordinance (Cap. 228)

7.

Firearms and Ammunition Ordinance (Cap. 238)

8.

Public Order Ordinance (Cap. 245)

9.

Administration of Justice (Felonies and Misdemeanors) Ordinance (Cap. 328)

10.

Complex Commercial Crimes Ordinance (Cap. 394)

11.

Crimes (Torture) Ordinance (Cap. 427)

12.

Organized and Serious Crimes Ordinance (Cap. 455)