Legislative Council

LC Paper No. LS244/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 24 September 1999

Legal Service Division Report on
Adaptation of Laws (No. 22) Bill 1999

Objects of the Bill

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. SBCR 24/5/1162/88 issued by the Security Bureau on 30 June 1999.

Date of First Reading

3. 14 July 1999.

Comments

4. A list of the Ordinances affected by the Bill is at Annex C. The Ordinances relate mainly to matters for which the Security Bureau is responsible. A summary of the technical amendments is set out in Annex A.

5. Apart from the provisions mentioned in Annex B, the Bill does not seek to introduce any change in policy and only effects essentially technical drafting changes to individual Ordinances.

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. The retrospective effect will not apply to provisions involving criminal offences or penalties. It is also expressly provided in the proposed section 2(2) that sections 10, 12, 13, 14, 15 and 17(a) of Schedule 14 would come into operation at the beginning of the day on which the enacted ordinance is published in the Gazette.

Public Consultation

7. There has not been any public consultation on the Bill.

Consultation with LegCo Panel

8. No consultation with any LegCo Panel on the details of the Bill has been carried out.

Conclusion

9. The Legal Service Division is seeking clarification from the Administration on certain drafting aspects of the Bill. A further report will be issued if necessary.


Prepared by


KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
20 September 1999


Encl


Annex B

Adaptation of Laws (No. 22) Bill 1999

Provisions changed which may not be merely technical in nature

Annex C

List of Ordinances affected by the Adaptation of Laws (No. 22) Bill 1999

    1. Pawnbrokers Ordinance (Cap. 166)

    2. Births and Deaths Registration Ordinance (Cap. 174)

    3. Births Registration (Special Registers) Ordinance (Cap. 175)

    4. Deaths Registration (Special Registers) Ordinance (Cap. 176)

    5. Registration of Persons Ordinance (Cap. 177)

    6. Marriage Ordinance (Cap. 181)

    7. Defences (Firing Areas) Ordinance (Cap. 196)

    8. Emergency Regulations Ordinance (Cap. 241)

    9. Auxiliary Forces Pay and Allowances Ordinance (Cap. 254)

    10. Mock Auctions Ordinance (Cap. 255)

    11. Marriage (War Period) (Validity) Ordinance (Cap. 258)

    12. Protected Places (Safety) Ordinance (Cap. 260)

    13. Massage Establishments Ordinance (Cap. 266)

    14. Dangerous Goods Ordinance (Cap. 295)

    15. Government Flying Service Ordinance (Cap. 322)

    16. Trading with the Enemy Ordinance (Cap. 346)

    17. Timber Stores Ordinance (Cap. 464)

    18. International Protected Persons and Taking of Hostages Ordinance (Cap. 468)

    19. Aviation Security Ordinance (Cap. 494)

    20. Fire Safety (Commercial Premises) Ordinance (Cap. 502)

    21. Fugitive Offenders Ordinance (Cap. 503)

    22. Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525)