Adaptation of Laws (No. 15) Bill 1998


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.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Adaptation of Laws (No. 15) Ordinance 1998.

2. Commencement

(1) This Ordinance shall be deemed to have come into operation on 1 July 1997.

(2) Subsection (1) shall be subject to Article 12 of the Hong Kong Bill of Rights set out in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383).

3. Amendment of Ordinances

The Ordinances specified in the Schedules are amended in the manner indicated in those Schedules.

SCHEDULE 1 [s. 3]

Oaths and Declarations Ordinance

1. Section 22(3B) of the Oaths and Declarations Ordinance (Cap. 11) is amended by repealing everything after "by the" and substituting "Rules of Procedure of the Legislative Council, again take the Oath as required by those Rules of Procedure.".

2. Schedule 1 is amended, in Parts I, II and III, by repealing "the Colony of".

3. Schedule 3 is amended---

(a) in Part I---

(i) by repealing "of the High Court" where it first appears;

(ii) by repealing "Judge of the High Court" and substituting "Judge of the Court of First Instance";

(iii) by repealing "首席大法官" and substituting "終審法院首席法官";

(iv) by repealing "終審法院常任大法官" and substituting "終審法院常任法官";

(v) by repealing "終審法院非常任香港大法官" and substituting

"終審法院非常任香港法官";

(vi) by repealing "終審法院其他普通法適用地區大法官" and substituting "終審法院其他普通法適用地區法官";

(b) in Part II, by repealing "土地審裁處大法官" and substituting "土地審裁處庭長".

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SCHEDULE 2 [s. 3]

Fatal Accidents Ordinance

1. Section 4(5) of the Fatal Accidents Ordinance (Cap. 22) is amended by repealing "立法局" and substituting "立法會".

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SCHEDULE 3 [s. 3]

Maintenance Orders (Reciprocal Enforcement) Ordinance and its Subsidiary Legislation

Maintenance Orders (Reciprocal Enforcement) Ordinance

1. Section 2(1) of the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188) is amended, in the definition of "responsible authority", by repealing "Governor" and substituting "Chief Executive".

2. Section 3 is amended---

(a) in subsection (1)---

(i) by repealing "Governor" and substituting "Chief Executive in Council";

(ii) by repealing "territory outside Hong Kong" and substituting "place other than Hong Kong";

(iii) by repealing "territory" wherever it appears and substituting "place";

(b) in subsection (2), by repealing "territory" where it twice appears and substituting "place".

3. Section 4 is amended---

(a) in subsection (1), by repealing "that country" and substituting "that reciprocating country";

(b) in subsection (4), by repealing "Governor" wherever it appears and substituting "Chief Executive".

4. Section 5(5) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Section 7(2), (3) and (4) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

6. Section 8(2), (5) and (6) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

7. Section 11(2) and (3) is amended by repealing "Governor" and substituting "Chief Executive".

8. Section 12 is amended---

(a) in subsection (1)---

(i) by repealing "Governor" where it twice appears and substituting "Chief Executive";

(ii) by repealing "that country" and substituting "that reciprocating country";

(b) in subsection (2), by repealing "Governor" and substituting "Chief Executive".

9. Section 20 is amended---

(a) by repealing "Governor" where it twice appears and substituting "Chief Executive in Council";

(b) by repealing "territory" wherever it appears and substituting "place". Maintenance Orders (Reciprocal Enforcement) Rules

10. Rule 8(1) of the Maintenance Orders (Reciprocal Enforcement) Rules (Cap. 188 sub. leg.) is amended by repealing "Governor" and substituting "Chief Executive".

11. Rule 10(1) and (2) is amended by repealing "Governor" and substituting "Chief Executive".

12. Rule 11(1) is amended by repealing "Governor" and substituting "Chief Executive".

Maintenance Orders (Reciprocal Enforcement) (Designation of Reciprocating Countries) Order

13. Paragraph 2 of the Maintenance Orders (Reciprocal Enforcement) (Designation of Reciprocating Countries) Order (Cap. 188 sub. leg.) is amended---

(a) in subparagraph (1), by adding "or place" after "The country";

(b) in subparagraph (2), by repealing "territories" and substituting "places". 14. Paragraph 3 is amended---

(a) in subparagraph (1)---

(i) by repealing "territories" and substituting "places";

(ii) by repealing "territory" where it twice appears and substituting "place";

(b) in subparagraphs (2), (3) and (4), by repealing "territories" and substituting "places".

15. The Schedule is amended, in the heading, by repealing "TERRITORIES" and substituting "PLACES".

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SCHEDULE 4 [s. 3]

Justices of the Peace Ordinance

1. Section 3(1) of the Justices of the Peace Ordinance (Cap. 510) is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

2. Section 5(3) is amended by repealing "Governor" and substituting "Chief Executive".

3. Section 6(1) is amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

4. Section 7 is amended by repealing "Governor" where it twice appears and substituting "Chief Executive".

5. Section 8 is amended by repealing "Governor" and substituting "Chief Executive in Council".

Explanatory Memorandum

The purpose of this Bill is to adapt certain Ordinances and their subsidiary legislation to bring them into conformity with the Basic Law and with Hong Kong's status as a Special Administrative Region of the People's Republic of China (clause 3, Schedules 1 to 4).

2. The Ordinances adapted and their respective Schedule numbers under the Bill are---

Fatal Accidents Ordinance (Cap. 22) Schedule 2

Justices of the Peace Ordinance (Cap. 510) Schedule 4

Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188) Schedule 3

Oaths and Declarations Ordinance (Cap. 11) Schedule 1

3. The Bill also provides that the adaptations when passed into law shall take effect retrospectively, as from the date of the establishment of the Hong Kong Special Administrative Region (clause 2).