LC Paper No. LS 89/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 29 January 1999
Legal Service Division Report on
Adaptation of Laws Bill 1999
Object(s) 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. HW CR 4/3221/91 Pt.12 issued by the Health and Welfare Bureau in January 1999.
Date of First Reading
3. 27 January 1999.
4. A list of the Ordinances affected by the Bill and a summary of the proposed amendments are at Annexes A and B respectively. Members may note that the Ordinances set out at Annex A relate to the incorporation of hospitals, charities and certain private bodies. The proposed amendments are essentially 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 the LegCo Panel
7. No consultation with any LegCo Panel on the details of the Bill has been carried out.
|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.
|In the interim, we are asking the Administration to clarify whether it has consulted the organisations concerned on the proposed amendments.
FUNG Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
26 January 1999
List of Ordinances affected by the Adaptation of Laws Bill 1999
|1.||Society of Boys' Centres Incorporation Ordinance (Cap. 1008)|
|2.||The Helena May Incorporation Ordinance (Cap. 1021)|
|3.||Hong Kong Tuberculosis, Chest and Heart Diseases Association Incorporation Ordinance (Cap. 1024)|
|4.||Matilda and War Memorial Hospital Ordinance (Cap. 1035)|
|5.||Hong Kong Council of Social Service Incorporation Ordinance (Cap. 1057)|
|6.||Hong Kong Society for the Protection of Children Incorporation Ordinance (Cap. 1058)|
|7.||Hong Kong Playground Association Ordinance (Cap. 1061)|
|8.||Salvation Army Ordinance (Cap. 1062)|
|9.||Hong Kong Juvenile Care Centre Incorporation Ordinance (Cap. 1066)|
|10.||Pok Oi Hospital Incorporation Ordinance (Cap. 1068)|
|11.||Alice Ho Miu Ling Nethersole Hospital Incorporation Ordinance (Cap. 1072)|
|12.||Hong Kong Society for the Blind Incorporation Ordinance (Cap. 1086)|
|13.||Society for the Relief of Disabled Children Incorporation Ordinance (Cap. 1087)|
|14.||Director of Social Welfare Incorporation Ordinance (Cap. 1096)|
|15.||Yan Chai Hospital Ordinance (Cap. 1106)|
|16.||Community Chest of Hong Kong Ordinance (Cap. 1122)|
|17.||Hong Kong St. John Ambulance Incorporation Ordinance (Cap. 1164)
Adaptation of Laws Bill 1999
Summary of the proposed amendments
1 References to the "Crown" in section 5(a) of the Society of Boys' Centres Incorporation Ordinance (Cap. 1008), section 4(3) of The Helena May Incorporation Ordinance (Cap. 1021) and section 6(1) of the Hong Kong Tuberculosis, Chest and Heart Diseases Association Incorporation Ordinance (Cap. 1024) relate to land. According to Article 7 of the Basic Law, the lands within the Hong Kong Special Administrative Region is State property and the Government of the HKSAR is responsible for the management, use, development, lease and grant of the lands. As the above provisions relate to the grant or reversion of the lands (as opposed to their title), the references to the "Crown" in the provisions are replaced by the "Government" accordingly.
2 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).