LC Paper No. LS247/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 24 September 1999
Legal Service Division Report on
Adaptation of Laws (No. 26) Bill 1999
Object of the Bill
To 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.
LegCo Brief Reference
2. CSBCR/SP/1-010-004/7/Pt.4/98 issued by the Civil Service Bureau and dated 2 July 1999.
Date of First Reading
3. 14 July 1999.
4. A list of the ordinances affected by the Bill and a summary of the proposed amendments are at Annexes Aand B respectively. Members may note that the affected ordinances relate to pension and related legislation. The proposed amendments are intended to be technical and drafting changes to individual ordinances.
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.
6. There has not been any public consultation on the Bill.
Consultation with LegCo Panel
7. No consultation with any LegCo Panel on the details of the Bill has been carried out.
8. The legal and drafting aspects of the Bill are in order. Subject to Members' views, Second Reading debate may be resumed.
CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
21 September 1999
List of Ordinance affected by the Adaptation of Laws (No. 26) Bill 1999
- Surviving Spouses' and Children's Pensions Ordinance (Cap. 79)
- Pensions (Special Provisions) (Hospital Authority) Ordinance (Cap. 80)
- Pensions Ordinance (Cap. 89), Pensions Regulations (Cap. 89 sub. leg.), Legislative Council Resolutions (Cap. 89 sub. leg.) and Pensions Ordinance (Established Offices) Order (Cap. 89 sub. leg.)
- Pensions (Special Provisions) (Hong Kong Polytechnic) Ordinance (Cap. 90)
- Public Service Commission Ordinance (Cap. 93) and Public Service Commission Regulations (Cap. 93 sub. leg.)
- Widows and Orphans Pension Ordinance (Cap. 94) and Widows and Orphans Pension (Application) Regulation (Cap. 94 sub. leg.)
- Pension Benefits Ordinance (Cap. 99), Pension Benefits Regulations (Cap. 99 sub. leg.), Pension Benefits (Prescribed Ages) (Directorate Ranks) Notice (Cap. 99 sub. leg.) and Pension Benefits (Prescribed Ages) (Senior Rank and Rank and File Grades) (Royal Hong Kong Police Force) Order (Cap. 99 sub. leg.)
- Widows and Orphans Pension (Increase) Ordinance (Cap. 205)
- Pensions (Increase) Ordinance (Cap. 305)
- Public Officers (Assignment of Emoluments) Ordinance (Cap. 363)
- Pensions (Special Provisions) (Vocational Training Council) Ordinance (Cap. 387)
Adaptation of Laws (No. 26) Bill 1999
Summary of the proposed amendments
- Reference to "ex officio member of the Executive Council or Legislative Council" [section 5(c) of Schedule 5]
It is a long established practice that the offices of the Chief Secretary for Administration, the Financial Secretary and the Secretary for Justice fall outside the purview of the Public Service Commission. Prior to reunification, the three public offices were excluded under section 6(2)(a) of the Public Service Commission Ordinance by reference to their position as ex officio members of the Executive Council in accordance with Article II of the Royal Instructions. After the reunification, there is no provision for the corresponding public offices to be "ex officio" members of the Executive Council. Accordingly , the three public offices are referred to by their post titles in order to preserve the purview of the Public Service Commission after the reunification.
- Definition of "public service" and "services" [section 1(c) of Schedule 7]
The Pension Benefits Ordinance currently recognizes services other than service in the Government of Hong Kong, such as service in other Commonwealth governments, for the purpose of computing pension and allowance for public officers. This is inconsistent with the status of Hong Kong as a Special Administrative Region of the People's Republic of China and needs to be adapted. Pension benefits should no longer be given in respect of service under the United Kingdom and Commonwealth governments and organizations for officers appointed on or after 1 July 1997. On the other hand, a saving provision has been added to ensure that the pension rights accrued or accruing to any person before 1 July 1997 as stated in Article 10