LC: Adaptation of Laws (No. 4) Bill 1998

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Following is the speech by the Secretary for Justice, the Hon Elsie Leung, in moving the Second Reading of the Adaptation of Laws (No. 4) Bill 1998 in the Legislative Council today (Wednesday):

Madam President,

I move that the Adaptation of Laws (No. 4) Bill 1998 be read the second time.

The purpose of the Bill is to adapt the provisions of three 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.

The Legal Officers Ordinance, the Legal Practitioners Ordinance and the Official Solicitor Ordinance are some of the laws previously in force in Hong Kong which have been adopted as laws of the Hong Kong Special Administrative Region. They contain a number of provisions which require adaptation. Although the Interpretation and General Clauses Ordinance specifies how terminology inconsistent with the Basic Law or with the status of Hong Kong as a Special Administrative Region of the People's Republic of China is to be construed, it is considered unacceptable to retain such terminology in our laws. Accordingly, we now need to introduce further legislation to effect the necessary textual amendments.

I will now describe the main provisions of the Bill and the reasons for them. The Bill provides that most of the proposed adaptations should have retrospective effect to cover the interim period between July 1, 1997 and the enactment of the Bill. This retrospectivity will ensure that there is consistency of interpretation of all laws on and after July 1, 1997. However, this retrospectivity will not apply to criminality. This restriction is in line with the requirements in the International Covenant on Civil and Political Rights as applied to Hong Kong. Adaptations which introduce provisions that are yet to come into operation will take effect as from the date when the relevant provisions come into operation.

The Bill repeals provisions which are either obsolete or contain colonial connotations and replaces them, where necessary, with new terms. The old references to "Governor" are replaced by "Chief Executive" or "Chief Executive in Council", as appropriate. References to UK Acts or authorities are replaced by references to local legislation or authorities.

The Bill amends the Legal Officers Ordinance to provide that all rights which were enjoyed by the Attorney General immediately before July 1, 1997 in the courts of Hong Kong, except for those that are inconsistent with the Basic Law, shall on or and after that date be exercisable by the Secretary for Justice.

The Bill further amends the Legal Officers Ordinance to provide that all rights and duties which were exercisable or dischargeable by the Attorney General immediately before July 1, 1997, so far as regards any proceedings over which the courts of Hong Kong had jurisdiction by or by virtue of the Matrimonial Causes Ordinance, except for those that are inconsistent with the Basic Law, shall on and after that date be exercisable or dischargeable by the Secretary for Justice.

The Bill repeals the Schedule to the Legal Officers Ordinance and replaces it with new titles of legal officers such as "Secretary for Justice" and "Government Counsel".

The Bill also provides that references to the "Department of Justice" in the Legal Practitioners Ordinance in relation to the period before July 1, 1997 are deemed to be references to the former Legal Department.

The Bill also repeals references to the "Attorney General's Chambers" and substitutes references to the "Department of Justice" in the Barristers (Qualification) Rules.

Madam President, the majority of the amendments that the Bill seeks to make are terminological changes. They aim to remove any uncertainties in interpreting our laws, and are therefore essential for the smooth operation of the Hong Kong SAR. I commend this Bill to Members for early passage into law.

End/Wednesday, November 11, 1998

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