Adaptation of Laws (No. 6) 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. 6) Ordinance 1999.

2. Commencement

(1) This Ordinance shall be deemed to have come into operation on

1 July 1997.

(2) Subsection (1) 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).

3. Amendment of Ordinances

The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.

SCHEDULE 1 [s. 3]

Volunteer and Naval Volunteer Pensions Ordinance

1. Section 3(2)(c) and (4) of the Volunteer and Naval Volunteer Pensions Ordinance (Cap. 202) is amended by repealing 'Governor' wherever it appears and substituting 'Chief Executive'.

SCHEDULE 2 [s. 3]

Reformatory Schools Ordinance and Its Subsidiary Legislation

Reformatory Schools Ordinance

1. Section 2 of the Reformatory Schools Ordinance (Cap. 225) is amended, in the definition of 'visitor', by repealing 'Governor' and substituting 'Chief Executive'.

2. Section 12 is amended by repealing 'Governor' and substituting 'Chief Executive'.

3. Section 14 is amended by repealing 'Governor' and substituting 'Chief Executive'.

4. Section 15 is amended---

(a) in subsection (1)---

(i) by repealing 'Governor' and substituting 'Chief Executive';

(ii) by repealing '行政局' and substituting '行政會議';

(iii) by repealing '立法局' and substituting '立法會';

(b) in subsection (2)---

(i) by repealing '行政局' and substituting '行政會議';

(ii) by repealing '立法局' and substituting '立法會'.

5. Section 19 is amended by repealing 'Governor' wherever it appears and substituting 'Chief Executive'.

6. Section 20 is amended by repealing 'Governor' and substituting 'Chief Executive'.

7. Section 21(1) is amended by repealing 'Governor' and substituting 'Chief Executive'.

8. Section 30(2)(b) is amended by repealing 'Governor' and substituting 'Chief Executive'.

9. Section 33(1) is amended by repealing 'Governor' and substituting 'Chief Executive'.

Reformatory School Rules

10. Rule 18(g) of the Reformatory School Rules (Cap. 225 sub. leg.) is amended by repealing 'Governor' and substituting 'Chief Executive'.

Reformatory Schools (Forms) Regulations

11. The Schedule to the Reformatory Schools (Forms) Regulations (Cap. 225 sub. leg.) is amended, in Form 1, by repealing 'the Colony' and substituting 'Hong Kong'.

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SCHEDULE 3 [s. 3]

Traffic Accident Victims (Assistance Fund) Ordinance

1. Section 3(2)(c) of the Traffic Accident Victims (Assistance Fund) Ordinance (Cap. 229) is
amended by repealing '立法局' and substituting '立法會'.

2. Section 4(a) is amended by repealing '立法局' where it twice appears and substituting
'立法會'.

3. Section 10(3) is amended by repealing 'Crown' and substituting 'Government'.

4. Section 11 is amended---

(a) in subsection (2), by repealing 'Governor' and substituting 'Chief Executive';

(b) in subsection (4), by repealing '立法局' and substituting '立法會'.

5. Section 14 is amended by repealing '立法局' and substituting '立法會'.

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SCHEDULE 4 [s. 3]

Probation of Offenders Ordinance and Its Subsidiary Legislation

Probation of Offenders Ordinance

1. Section 6(1) of the Probation of Offenders Ordinance (Cap. 298) is amended by repealing 'the Colony' and substituting 'Hong Kong'.

2. Section 9 is amended by repealing 'Governor' and substituting 'Chief Executive'.

3. Section 11 is amended by repealing 'Governor' and substituting 'Chief Executive'.

4. Section 12(2) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.

Probation of Offenders Rules

5. Rule 38 of the Probation of Offenders Rules (Cap. 298 sub. leg.) is amended by repealing 'Governor' and substituting 'Chief Executive'.

6. Rule 45 is amended by repealing 'Governor' and substituting 'Chief Executive'.

7. Rule 51 is amended by repealing 'Governor' and substituting 'Chief Executive'.

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SCHEDULE 5 [s. 3]

Animals (Control of Experiments) Ordinance

1. Section 6(1)(c) of the Animals (Control of Experiments) Ordinance (Cap. 340) is amended---

(a) by repealing '大法官' and substituting '法官';

(b) by repealing '地方法院' and substituting '區域法院'.

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SCHEDULE 6 [s. 3]

Residential Care Homes (Elderly Persons) Ordinance

1. Section 5 of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) is amended by repealing 'Governor' where it twice appears and substituting 'Chief Executive'.

2. Section 13(2), (4) and (6) is amended by repealing 'Governor' and substituting 'Chief Executive'.

3. Section 14(8) is amended by repealing 'Crown' and substituting 'Government'.

4. Section 15(1) is amended by repealing 'Governor' and substituting 'Chief Executive'.

5. Section 23(1) is amended by repealing 'Governor in Council' and substituting 'Chief Executive in Council'.

SCHEDULE 7 [s. 3]

Emergency Relief Fund Ordinance

1. Section 5 of the Emergency Relief Fund Ordinance (Cap. 1103) is amended---

(a) in subsection (2)(d), by repealing 'Governor' and substituting 'Chief Executive';

(b) in subsection (3)---

(i) by repealing 'Governor' where it first appears and substituting 'Chief Executive';

(ii) by repealing 'by the Governor at his pleasure' and substituting 'at the discretion of the Chief Executive'.

2. Section 7(2) is amended by repealing 'Governor' and substituting 'Chief Executive'.

3. Section 9 is amended by repealing everything after 'Financial Secretary' and substituting a full stop.

4. Section 10 is amended---

(a) in subsection (2), by repealing 'Governor' and substituting 'Chief Executive';

(b) in subsection (3)---

(i) by repealing 'Governor' and substituting 'Chief Executive';

(ii) by repealing '立法局' where it twice appears and substituting '立法會'.

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---

Animals (Control of Experiments) Ordinance (Cap. 340) Schedule 5

Emergency Relief Fund Ordinance (Cap. 1103) Schedule 7

Probation of Offenders Ordinance (Cap. 298) Schedule 4

Reformatory Schools Ordinance (Cap. 225) Schedule 2

Residential Care Homes (Elderly Persons) Ordinance Schedule 6

(Cap. 459)

Traffic Accident Victims (Assistance Fund) Ordinance Schedule 3

(Cap. 229)

Volunteer and Naval Volunteer Pensions Ordinance Schedule 1

(Cap. 202)

3. The Bill also provides that the adaptations when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2).