Adaptation of Laws (No. 7) Bill 1999
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.
Enacted by the Legislative Council.
1. Short title
This Ordinance may be cited as the Adaptation of Laws (No. 7) Ordinance 1999.
2. Commencement
(1) (a) This Ordinance, other than Schedule 7, shall be deemed to have come into operation on 1 July 1997.
(b) Paragraph (a) shall be subject to Article 12 of the Hong Kong Bill of Rights set out in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383).
(2) (a) Section 1 of Schedule 7 shall come into operation on the day appointed for the commencement of section 187(2)(a) of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg.).
(b) Section 2(a) of Schedule 7 shall come into operation on the day appointed for the commencement of item 35 (in so far as it relates to the new section 17B(8)) of Schedule 1 to the Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998).
(c) Section 2(b) of Schedule 7 shall come into operation on the day appointed for the commencement of item 63 (in so far as it relates to the new section 34A(7)) of Schedule 1 to the Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998).
3. Amendment of Ordinances
The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.
SCHEDULE 1 [s. 3]
Insurance Companies Ordinance
1. Section 4 of the Insurance Companies Ordinance (Cap. 41) is amended by repealing 'Governor' where it twice appears and substituting 'Chief Executive'.
2. Section 44(4) is amended by repealing '法院' and substituting '法庭'.
3. Section 53(1) and (2) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
4. Section 53A(3C) is amended by repealing '立法局' and substituting '立法會'.
5. Section 54(1) and (2) is amended by repealing 'Governor' wherever it appears and substituting 'Chief Executive'.
6. Section 55A is amended by repealing 'Crown' and substituting 'Government'.
7. Section 59(1) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
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SCHEDULE 2 [s. 3]
Professional Accountants Ordinance
1. Section 8(1) and (2) of the Professional Accountants Ordinance (Cap. 50) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
2. Section 10(3) is amended by repealing 'Governor' and substituting 'Chief Executive'.
3. Section 13(1)(c) and (2) is amended by repealing 'Governor' and substituting 'Chief Executive'.
4. Section 14 is amended by repealing 'Governor' and substituting 'Chief Executive'.
5. Section 18(1)(h) is amended by repealing 'other countries' and substituting 'places outside Hong Kong'.
6. Section 28D(9)(d)(ii) and (e)(ii) is amended by repealing '法院' wherever it appears and substituting '法庭'.
7. Section 46 is amended by repealing 'Governor' and substituting 'Chief Executive'.
SCHEDULE 3 [s. 3]
Chit-fund Businesses (Prohibition) Ordinance
1. Section 5(4) of the Chit-Fund Businesses (Prohibition) Ordinance (Cap. 262) is amended by repealing '立法局' and substituting '立法會'.
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SCHEDULE 4 [s. 3]
Census and Statistics Ordinance
1. Section 3(1) of the Census and Statistics Ordinance (Cap. 316) is amended by repealing 'Governor' and substituting 'Chief Executive'.
2. Section 8 is amended by repealing 'Governor' where it twice appears and substituting 'Chief Executive'.
3. Section 9(1) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
4. Section 26(1) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
5. Section 27 is amended by repealing 'Governor' and substituting 'Chief Executive '.
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SCHEDULE 5 [s. 3]
Exchanges (Special Levy) Ordinance
1. Section 4A(6) of the Exchanges (Special Levy) Ordinance (Cap. 351) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
2. Section 9(1) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.
SCHEDULE 6 [s. 3]
Occupational Retirement Schemes Ordinance
1. Section 2 of the Occupational Retirement Schemes Ordinance (Cap. 426) is amended, in the definitions of 'director', 'domicile', 'offshore scheme' and 'partner', by repealing 'territory' wherever it appears and substituting 'place'.
2. Section 3(4) is amended by repealing 'territory' and substituting 'place'.
3. Section 7(4)(a) is amended by repealing 'territory' where it twice appears and substituting 'place'.
4. Section 61 is amended---
(a) in subsections (2), (5) and (7), by repealing 'Governor' and substituting 'Chief Executive';
(b) in subsection (8), by repealing '立法局' and substituting '立法會'.
5. Section 64(2) is amended by repealing 'Governor' and substituting 'Chief Executive'.
6. Section 71 is amended by repealing 'Governor' and substituting 'Chief Executive'.
7. Section 72 is amended by repealing '立法局' and substituting '立法會'.
8. Section 73(3) is amended by repealing '立法局' and substituting '立法會'.
9. Section 78(1) is amended---
(a) in paragraph (d), by repealing 'Governor' and substituting 'Chief Executive';
(b) in paragraph (e), by repealing 'territory' wherever it appears and substituting 'place'.
10. Schedule 1 is amended, in section 4 of Part 3, by repealing 'territory' and substituting 'place'.
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SCHEDULE 7 [ss. 2 & 3]
Mandatory Provident Fund Schemes Ordinance and Its
Subsidiary Legislation and Related Ordinance
Mandatory Provident Fund Schemes (General) Regulation
1. Section 187(2)(a) of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg.) is amended by repealing 'Supreme Court Ordinance' and substituting 'High Court Ordinance'.
Provident Fund Schemes Legislation (Amendment)Ordinance 1998
2. Schedule 1 to the Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998) is amended---
(a) in item 35, in the new section 17B(8), by repealing 'Supreme Court Ordinance' and substituting 'High Court Ordinance';
(b) in item 63, in the new section 34A(7), by repealing 'Supreme Court Ordinance' and substituting 'High Court Ordinance'.
Explanatory Memorandum
The purpose of this Bill is to adapt certain Ordinances and their subsidiary legislation to bring them into conformity with the Basic Law and with Hong Kong's status as a Special Administrative Region of the People's Republic of China (clause 3, Schedules 1 to 7).
2. The Ordinances adapted and their respective Schedule numbers under the Bill are---
Census and Statistics Ordinance (Cap. 316) Schedule 4
Chit-Fund Businesses (Prohibition) Ordinance Schedule 3
(Cap. 262)
Exchanges (Special Levy) Ordinance (Cap. 351) Schedule 5
Insurance Companies Ordinance (Cap. 41) Schedule 1
Mandatory Provident Fund Schemes Ordinance Schedule 7
(Cap. 485)
Occupational Retirement Schemes Ordinance Schedule 6
(Cap. 426)
Professional Accountants Ordinance (Cap. 50) Schedule 2
3. The Bill provides that most of the proposed adaptations shall when passed into law take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region. Adaptations which introduce provisions that are yet to come into operation shall take effect as from the date when the relevant provisions come into operation (clause 2).
