Legislative Council
LC Paper No. LS78/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 8 January 1999
Legal Service Division Report on
Adaptation of Laws (No. 15) Bill 1998
Object 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. CSO/ADM CR 7/3231/98 Pt.2 issued by the Chief Secretary for Administration's office.
Date of First Reading
3. 6 January 1999.
Comments
4. A list of the Ordinances affected by the Bill is at
Annex C. 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.
Public Consultation
7. There has not been any public consultation on the Bill.
Consultation with the 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 on certain legal and technical points from the Administration. A further report will be issued if necessary.
Prepared by
KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
6 January 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Provisions repealed or amended which may not be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A. Summary of Repealed Provision| Ordinance | Section/Schedule | Repealed Provision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
|
| 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"
|
|
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)
Paragraph 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)
|
