Legislative Council

LC Paper No. LS 174/98-99

Object 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. TIBCR 43/18/3 issued by the Trade & Industry Bureau in May 1999.

Date of First Reading

3. 19 May 1999.

Comments

4. The Ordinances affected by these amendments are at Annex A and a summary of the proposed amendments in the Bill is set out in Annex B. There are a total of 16 Ordinances being adapted. They relate mainly to trade and industry matters and industrial corporations. The proposed amendments are terminological changes consistent with the principles set out in the "Adaptation of Laws Programme Guiding Principles and Guideline Glossary of Terms" and contained in decisions of the previous Bills Committees on Bills presented under the Adaptations of Laws Programme.

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.

Public Consultation

6. There has not been any public consultation on the Bill.

Consultation with the LegCo Panel

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

Conclusion

8. The Legal Service Division is seeking clarifications from the Administration on some technical points. Once the points are clarified, a further report will be issued. It may not be necessary to set up a Bills Committee at this point in time.


Encls.


Prepared by

HO Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
17 May 1999

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Annex A

1.	Money Changers Ordinance (Cap. 34)
2.	Weights and Measures Ordinance (Cap. 68)
3.	Control of Exemption Clauses Ordinance (Cap. 71)
4.	Hong Kong Industrial Estates Corporation Ordinance (Cap. 209)
5.	Metrication Ordinance (Cap. 214)
6.	Reserved Commodities Ordinance and its subsidiary legislation (Cap. 296)
7.	Federation of Hong Kong Industries Ordinance (Cap. 321)
8.	Protection of Non-Government Certificates of Origin Ordinance (Cap. 324)
9.	Trade Descriptions Ordinance and its subsidiary legislation (Cap. 362)
10.	Toys and Children's Products Safety Ordinance (Cap. 424)
11.	Hong Kong Industrial Technology Centre Corporation Ordinance (Cap. 431)
12.	Consumer Goods Safety Ordinance (Cap. 456)
13.	Supply of Services (Implied Terms) Ordinance (Cap. 457)
14.	Unconscionable Contracts Ordinance (Cap. 458)
15.	Weapons of Mass Destruction (Control of Provision of Services) Ordinance(Cap. 526)
16.	Hong Kong Productivity Council Ordinance (Cap. 1116)

Annex B

Note:

1.In the interpretative section of the English version of the Hong Kong Industrial Estates Corporation Ordinance (Cap. 209), there is already a "Chief Executive" of the corporation. To avoid confusion, the Governor is therefore adapted to the Chief Executive of the Hong Kong Special Administrative Region.

2. In section 31 of the Hong Kong Industrial Estates Corporation Ordinance (i.e. item 9 of Schedule 4), it states that the Corporation is not a servant of the Crown. The Administration proposes to adapt the word "Crown" to "State". We have raised queries with the Administration and are awaiting their reply.