LC Paper No. LS 84/98-99
Paper for the House Committee MeetingObject(s) of the Bill
of the Legislative Council
on 22 January 1999
Legal Service Division Report on
Adaptation of Laws (No. 18) 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. S/F(3) to HAB/CR/1/19/45 dated 22 December 1998 issued by the Home Affairs Bureau.
Date of First Reading
3. 20 January 1999.
4. A list of the Ordinances affected by the Bill and a summary of the proposed amendments are at Annexes A
respectively. Members may note that the Ordinances set out in Annex A relate to the incorporation of various religious organisations. The proposed amendments are essentially technical and drafting changes to individual Ordinances.
5. The Bill proposes, among other things, the deletion in section 2 of the Dominican Missions Ordinance (Cap. 1018), the London Missionary Society Incorporation Ordinance (Cap. 1033) and the Missions Etrang?res Incorporation Ordinance (Cap. 1036) of the reference to the requirement of placing in the hands of the Governor satisfactory proof of the appointment of the Procurator before the incorporation of the missions concerned. According to paragraph 4 of the LegCo Brief, such requirement is no longer necessary as the missions had all been incorporated. The Legal Service Division has asked the Administration to explain how and why the proposed deletion is related to adaptation. The Administration has replied that the reference to the requirement is a historical reference which is already spent. However, it appears that the purpose of the proposed deletion is to delete an obsolete provision rather than adapt the Ordinances concerned. We are seeking further clarification from the Administration on the matter.
6. 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.
7. According to the LegCo Brief, the religious organisations affected by the Bill have been consulted and they have no objection to the proposed amendments
Consultation with the LegCo Panel
8. No consultation with any LegCo Panel on the details of the Bill has been carried out.
9. The Bill proposes a number of amendments along the same lines as some amendments proposed in the Adaptation of Laws Bill 1998. Members may therefore wish to wait until the Bills Committee on that Bill has concluded its deliberations before deciding on how this Bill should be dealt with.
10. In the interim, we are waiting for the Administration's further clarification on the proposed deletion in section 2 of Cap. 1018, Cap. 1033 and Cap. 1036. A further report will be made if necessary.
FUNG Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
18 January 1999
List of Ordinances affected by the Adaptation of Laws (No. 18) Bill 1998
|1.||Chinese Temples Ordinance (Cap. 153), Chinese Temples Fund Regulations (sub. leg.) and General Chinese Charities Fund Directions (sub. leg.)
|2.||Bishop of the Roman Catholic Church in Hong Kong Incorporation Ordinance (Cap. 1003)|
|3.||Catholic Mission of Macao Incorporation Ordinance (Cap. 1006)|
|4.||Dominican Missions Ordinance (Cap. 1018)|
|5.||Hong Kong Chinese Christian Churches Union Incorporation Ordinance (Cap. 1025)|
|6.||Hop Fat Church of The Church of Christ in China Incorporation Ordinance (Cap. 1027)|
|7.||London Missionary Society Incorporation Ordinance (Cap. 1033)|
|8.||Missions Etrang?res Incorporation Ordinance (Cap. 1036)|
|9.||Petites S?urs des Pauvres, St. Pern, Bretagne, Incorporation Ordinance (Cap. 1039)|
|10.||S?urs de Saint Paul de Chartres Incorporation Ordinance (Cap. 1046)|
|11.||Emmanuel Church Incorporation Ordinance (Cap. 1069)|
|12.||Hong Kong Christian Council Incorporation Ordinance (Cap. 1083)|
|13.||Kowloon City Baptist Church Ordinance (Cap. 1093)
Adaptation of Laws (No. 18) Bill 1998A. AmendmentsB. Deletions
Summary of the proposed amendments and deletions
1. References to "having placed in the hands of the Governor satisfactory proof of his appointment" in section 2 of Cap. 1018, Cap. 1033 and Cap. 1036.(2)
2. "of the Colony" in the General Chinese Charities Fund Directions (Cap. 153 sub. leg.)
According to paragraph 3 of the LegCo Brief, this amendment is based on item 10 of Annex 3 of the Decision of the Standing Committee of the National People's
Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. In that item, it is stated that:
"10. Any reference in any provision to "nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors" shall be construed as a reference to "nothing in this Ordinance shall affect or be deemed to affect the rights of the Central (People's Government) or the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws.".
Such provision is now incorporated into item 21 of Schedule 8 to the Interpretation and General Clauses Ordinance (Cap. 1). (2)
Section 2 of the Ordinances concerned provide for the requirement of placing in the hands of the Governor satisfactory proof of the appointment of the Procurator before the incorporation of the missions concerned. According to the LegCo Brief, such requirement has become spent as the missions concerned had all been incorporated and the reference to such requirement is therefore proposed to be deleted.