Adaptation of Laws (No. 19) Bill 1999

Adapt certain Ordinances 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.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Adaptation of Laws (No. 19) 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]

Apprenticeship Ordinance

1. Section 2 of the Apprenticeship Ordinance (Cap. 47) is amended, in the definitions of "Director" and "young person", by repealing "Governor" and substituting "Chief Executive".

2. Section 5(2A) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 33(1) is amended by repealing "Governor" and substituting "Chief Executive".

4. Section 34 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

5. Section 44(1) is amended by repealing "Governor may" and substituting "Chief Executive, or any public officer delegated with the function, duty or power under section 5(2A), may after consultation with the Executive Council".

6. Section 45 is amended by repealing "Governor may" and substituting "Chief Executive, or any public officer delegated with the function, duty or power under section 5(2A), may after consultation with the Executive Council".

7. Section 47(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "立法局" and substituting "立法會".

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SCHEDULE 2 [s. 3]

Boilers and Pressure Vessels Ordinance

1. Section 1(2) of the Boilers and Pressure Vessels Ordinance (Cap. 56) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 2(1) is amended in the definitions of "existing" and "new" (when used in relation to a pressurized fuel container), by repealing "Governor" and substituting "Chief Executive".

3. Section 3(1)(a) is amended by repealing "Crown" and substituting "State".

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

5. Section 15(2) is amended by adding "or Chinese" before "translation".

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SCHEDULE 3 [s. 3]

Employment of Young Persons and Children at Sea Ordinance

1. Section 3 of the Employment of Young Persons and Children at Sea Ordinance (Cap. 58) is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 4 [s. 3]

Factories and Industrial Undertakings Ordinance and Its
Subsidiary Legislation
Factories and Industrial Undertakings Ordinance

1. Section 2(1) of the Factories and Industrial Undertakings Ordinance (Cap. 59) is amended---

(a) in the definition of "contractor", by repealing "Crown" and substituting "State";

(b) in the definition of "mineral", in paragraph (iii), by repealing "Governor" and substituting "Chief Executive".

2. Section 7(3) is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "立法局" and substituting "立法會".

3. Section 14A(2) is amended by repealing "Crown" and substituting "Government".

Quarries (Safety) Regulations

4. Regulation 12 of the Quarries (Safety) Regulations (Cap. 59 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

Factories and Industrial Undertakings
(Electricity) Regulations

5. Regulation 2 of the Factories and Industrial Undertakings (Electricity) Regulations (Cap. 59 sub. leg.) is amended, in the definition of "electrical contractor", by repealing "Crown" and substituting "State".

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SCHEDULE 5 [s. 3]

Trade Boards Ordinance

1. Section 2 of the Trade Boards Ordinance (Cap. 63) is amended---

(a) in subsection (1)---

(i) by repealing "Governor in Council" and substituting "Chief Executive in Council";

(ii) by repealing "the Colony" and substituting "Hong Kong";

(b) in subsections (2) and (4), by repealing "Governor" and substituting "Chief Executive";

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

(ii) by repealing "Governor's" and substituting "Chief Executive's";

(d) in subsection (7), by repealing "Governor" where it twice appears and substituting "Chief Executive".

2. Section 4 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

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

4. Section 7(2) and (3) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

5. Section 9(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

SCHEDULE 6 [s. 3]

General Holidays Ordinance

1. Section 6(1) of the General Holidays Ordinance (Cap. 149) is amended---

(a) by repealing "立法局" and substituting "立法會";

(b) in paragraph (b)(iii), by repealing "Governor" and substituting "Chief Executive".

2. Section 7 is amended by repealing "the Colony" and substituting "Hong Kong".

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SCHEDULE 7 [s. 3]

Protection of Wages on Insolvency Ordinance

1. Section 3(2) and (3) of the Protection of Wages on Insolvency Ordinance (Cap. 380) is amended by repealing "Governor" and substituting "Chief Executive".

2. Section 4(1)(b) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 5 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

4. Section 8 is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Section 13 is amended---

(a) in subsection (1), by repealing "Governor" where it twice appears and substituting "Chief Executive";

(b) in subsection (2)---

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

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

6. Section 16(3) is amended by repealing "立法局" and substituting "立法會".

7. Section 27 is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

8. Section 28 is amended by repealing "Governor" and substituting "Chief Executive".

9. The Schedule is amended---

(a) in paragraph 1, by repealing "Crown" where it twice appears and substituting "State";

(b) in paragraph 3, by repealing "Governor" wherever it appears and substituting "Chief Executive";

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SCHEDULE 8 [s. 3]

Occupational Safety and Health Council Ordinance

1. Section 3 of the Occupational Safety and Health Council Ordinance (Cap. 398) is amended---

(a) in subsection (2)---

(i) in paragraphs (a), (b) and (c), by repealing "Governor" wherever it appears and substituting "Chief Executive";

(ii) in paragraph (d)---

(A) by repealing "by the Governor" and substituting "by the Chief Executive";

(B) by repealing "at the pleasure of the Governor" and substituting "at the discretion of the Chief Executive";

(b) in subsection (4), by repealing "Governor" and substituting "Chief Executive".

2. Section 9(2) and (3) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

3. Section 12 is amended---

(a) by repealing "Governor" where it twice appears and substituting "Chief Executive";

(b) by repealing "立法局" and substituting "立法會".

4. Section 18(1) is amended by repealing "立法局" and substituting "立法會".

5. Section 26(1) is amended by repealing "Governor" and substituting "Chief Executive".

6. Section 29(1) is amended by repealing "Governor in Council" and substituting "Chief Executive in Council".

7. The Schedule is amended---

(a) in paragraph 2, by repealing "Crown" where it twice appears and substituting "State";

(b) in paragraph 3(1), by repealing "Governor" and substituting "Chief Executive";

(d) in paragraph 5, by repealing "Governor" wherever it appears and substituting "Chief Executive".

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SCHEDULE 9 [s. 3]

Occupational Safety and Health Ordinance

1. Section 3(1) of the Occupational Safety and Health Ordinance (Cap. 509) is amended, in the definition of "public analyst", by repealing "Governor" and substituting "Chief Executive".

2. Section 19(1) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

3. Section 42(3) is amended by repealing "立法局" and substituting "立法會".

4. Section 1(1) of Schedule 5 is amended---

(a) by repealing "Governor" and substituting "Chief Executive";

(b) by repealing "立法局" 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 9).

2. The Ordinances adapted and their respective Schedule numbers under the Bill are---

Apprenticeship Ordinance (Cap. 47) Schedule 1

Boilers and Pressure Vessels Ordinance (Cap. 56) Schedule 2

Employment of Young Persons and Children at Sea Ordinance (Cap. 58) Schedule 3

Factories and Industrial Undertakings Ordinance (Cap. 59) Schedule 4

General Holidays Ordinance (Cap. 149) Schedule 6

Occupational Safety and Health Council Ordinance (Cap. 398) Schedule 8

Occupational Safety and Health Ordinance (Cap. 509) Schedule 9

Protection of Wages on Insolvency Ordinance (Cap. 380) Schedule 7

Trade Boards Ordinance (Cap. 63) Schedule 5

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).