LC Paper No. LS 83/98-99
Paper for the House Committee MeetingObject(s) of the Bill
of the Legislative Council
on 8 January 1999
Legal Service Division Report on
Adaptation of Laws (No. 16) Bill 1998
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. SF(1) to HAB/C 7/3/2 issued by the Home Affairs Bureau in December 1998.
Date of First Reading
3. 6 January 1999.Comments
4. A list of the ordinances affected by the Bill and a summary of the proposed amendments are at Annexes A
respectively. The proposed amendments are essentially technical and drafting changes.
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.
Consultation with LegCo Panel
7. No consultation with any Panel has been carried out.
8. The Bill proposes a number of amendments along the same lines as some amendments proposed in other adaptation bills. Members may therefore wish to wait until the Bills Committees now studying those bills have concluded their deliberations before deciding on how to proceed with this Bill.
9. The opportunity will be taken in the interim to clarify some technical points with the Administration on the Bill.
CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
6 January 1999
List of Ordinances affected by the Adaptation of Laws (No. 16) Bill 1998
- Antiquities and Monuments Ordinance (Cap. 53)
- Miscellaneous Licences Ordinance (Cap. 114) and Miscellaneous Licences Regulations (sub. leg.)
- Public Health and Municipal Services Ordinance (Cap. 132), Abattoirs (Urban Council) Bylaws, Advertisements By-laws, Pleasure Grounds (Regional Council) Bylaws, Public Cleansing and Prevention of Nuisances (Regional Council) By-laws, Public Cleansing and Prevention of Nuisances (Urban Council) By-laws, Slaughterhouses (Regional Council) Bylaws, Slaughterhouses (Urban Council) Bylaws, Swimming Pools (Regional Council) Bylaws and Swimming Pools (Urban Council) Bylaws (sub. leg.)
- Books Registration Ordinances (Cap. 142)
- Places Of Public Entertainment Ordinance (Cap. 172) and Places of Public Entertainment Regulations (sub. leg.)
- Hong Kong Arts Centre Ordinance (Cap. 304)
- Ocean Park Corporation Ordinance (Cap. 388)
- Lord Wilson Heritage Trust Ordinance (Cap. 425)
- Amusement Game Centres Ordinance (Cap. 435)
- Amusement Rides (Safety) Ordinance (Cap. 449) and Amusement Rides (Safety) (Operation and Maintenance) Regulation (sub. leg.)
- Hong Kong Arts Development Council Ordinance (Cap. 472)
- Sir David Trench Fund for Recreation Ordinance (Cap. 1128)
- The Hong Kong Academy for Performance Arts Ordinance (Cap. 1135)
- Hong Kong Sports Development Board Ordinance (Cap. 1149)
Adaptation of Laws (No. 16) Bill 1998A. AmendmentsB. Deletions
Summary of the proposed technical amendments and deletions
1. "Royal" from certain names.
2. References to imperial orders.
3. References to privileges such as that to the Crowns Agents.Note
Where a provision states that a corporation shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown, "the Crown" is changed to "the State". However, where a provision confers powers over matters for which the Government is solely responsible, the "the Crown" is changed to "the Government".
A provision saving the rights of Her Majesty the Queen etc. is amended to save the rights of the Central People's Government or the Government of the HKSAR under the Basic Law or other laws.