Legislative Council
LC Paper No. LS190/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 21 May 1999
Legal Service Division Further Report on
Adaptation of Laws (No. 15) Bill 1998
Members may recall that the Legal Service Division made its report on the Bill (LegCo Paper No. LS78/98-99) to the House Committee on 8 January 1999.
Annexes A,
B &
C of the report are attached for Members' ease of reference.
2. The House Committee agreed then to defer the consideration of the Bill until the respective Bills Committees on the Adaptation of Laws Bill 1998 and the Adaptation of Laws (No. 2) Bill 1998 had completed their work.
3. Those 2 Bills were passed by the Legislative Council with amendments on 28 April 1999 and 31 March 1999 respectively. Prior to their passage, the Administration agreed with the Bills Committees that where power to make subsidiary legislation is delegated, the "Governor" as the delegatee should be adapted simply as "Chief Executive" instead of "Chief Executive in Council" as proposed in the Bills. Accordingly, Committee Stage amendments had been introduced in respect of the Bills.
4. The Administration has now proposed to make similar Committee Stage amendments to such provisions of this Bill that contain a proposed adaptation in similar circumstances of "Governor" to "Chief Executive in Council". The draft Committee Stage amendments are attached as
Annex D.
5. Subject to Members views, the Bill is ready for resumption of Second Reading debate.
Encls.
Prepared by
KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
19 May 1999
Annex A
Adaptation of Laws (No. 15) Bill 1998
Summary of the proposed technical amendments and deletions
A. Amendments
1. Section 22(3B) of the Oaths and Declarations Ordinance (Cap. 11).
B. Deletions
The words "the Colony of" are deleted in Parts I, II and III of Schedule 1 to the Oaths and Declarations Ordinance (Cap. 11).
Annex B
Adaptation of Laws (No. 15) Bill 1998
Provisions repealed or amended which may not be merely technical in nature
A. Summary of Repealed Provision| Ordinance | Section/Schedule | Repealed Provision
|
|---|
Oaths and Declarations
Ordinance (Cap. 11) | Schedule 3
Part I | "of the High Court" where it
first appears
|
B. Summary of Added Provision| Sub. Leg. | Paragraph | Provision Added
|
|---|
Maintenance Orders
(Reciprocal Enforcement)
(Designation of
Reciprocating Countries)
Order (Cap. 188 sub. leg.)
| 2(1) | "or place" after "The country"
|
C. Summary of Amendments| Ordinance/Sub. Leg. | Section/
Schedule/
Paragraph
| Original Provision | Amended Provision
|
|---|
| Maintenance Orders(Reciprocal Enforcement)
Ordinance (Cap. 188)
| 3(1) & 20
3(1)
3(1) & (2) and 20
4(1) and 12 (1)
| "Governor"
"territory outside
Hong Kong"
"territory"
"that country"
| "Chief Executive in Council"
"place other than Hong Kong"
"place"
"that reciprocating country"
|
| Maintenance Orders (Reciprocal Enforcement) (Designation of
Reciprocating Countries) Order (Cap. 188 sub. leg.)
| Paragraphs 2(2), and 3(1), (2),
(3) and (4)
Paragraphs 3(1)
Schedule
|
"territories"
"territory"
"TERRITORIES" |
"places"
"place"
"PLACES"
|
Justice of the Peace Ordinance
(Cap. 510)
| 8 | "Governor" | "Chief Executive in Council"
|
Annex C
List of Ordinances affected by the Adaptation of Laws (No. 15) Bill 1998
| Item No. | Ordinance
|
|---|
| 1. | Oaths and Declarations Ordinance (Cap. 11)
|
| 2. | Fatal Accidents Ordinance (Cap. 22)
|
| 3. | Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188)
|
| 4. | Justice of the Peace Ordinance (Cap. 510)
|
