Adaptation of Laws (Military References) Ordinance 2012

Adaptation of Laws (Military References) Ordinance 2012  (2012) 
by Legislative Council of Hong Kong

Date of Commencement: 7 February 2012 (ss. 3, 6, 7, 8, 11, 13, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 85, 86, 89, 90, 92, 93, 94, 95, 96, 97, 98, 99, 100, 103, 104, 106, 107, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 135 and 136 of Schedule 1) (s. 2(3))

Date of Commencement: 16 January 1998 (s. 2 of Schedule 2) (s. 2(4))

Date of Commencement: 22 June 1998 (s. 2 of Schedule 2) (s. 2(3))

Date of Commencement: 1 July 1997 (Rest) (s. 2(1), subject to Article 12 of the Hong Kong Bill of Rights)

ADAPTATION OF LAWS (MILITARY REFERENCES) ORDINANCE 2012

CONTENTS

Section
Page
1.
Short title
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A41
2.
Commencement
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A41
3.
Adaptation of laws
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A43
4.
Consequential amendments
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A43
Schedule 1
Adaptation of Laws
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A43
Schedule 2
Consequential Amendments
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A113

HONG KONG SPECIAL ADMINISTRATIVE REGION


Ordinance No. 2 of 2012

Locus sigilli.svg

Donald TSANG
Chief Executive
16 February 2012



An Ordinance to adapt certain military references in, and other related provisions of, the laws of Hong Kong 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.

[1 July 1997]

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Adaptation of Laws (Military References) Ordinance 2012.

2. Commencement

(1) This Ordinance, except as provided in subsections (3), (4) and (5), is deemed to have come into operation on 1 July 1997.

(2) Subsection (1) is 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) Sections 3, 6, 7, 8, 11, 13, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 85, 86, 89, 90, 92, 93, 94, 95, 96, 97, 98, 99, 100, 103, 104, 106, 107, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 135 and 136 of Schedule 1 come into operation on the day on which this Ordinance is published in the Gazette.

(4) Section 2 of Schedule 2 is deemed to have come into operation on 16 January 1998.

(5) Section 3 of Schedule 2 is deemed to have come into operation on 22 June 1998.

3. Adaptation of laws

The enactments specified in Schedule 1 are amended in the manner indicated in that Schedule.

4. Consequential amendments

The enactments specified in Schedule 2 are amended in the manner indicated in that Schedule.

SCHEDULE 1

[s. 3]

Adaptation of Laws

Jury Ordinance

1. Exemptions from service

(1) Section 5(1)(j) of the Jury Ordinance (Cap. 3) is repealed and the following substituted—

“(j) members of the Chinese People’s Liberation Army;”.

(2) Section 5(1)(p) is amended by repealing “Armed Forces of Her Majesty serving on full pay” and substituting “Chinese People’s Liberation Army”.

Probate and Administration Ordinance

2. Saving as to estates of certain persons

(1) Section 17 of the Probate and Administration Ordinance (Cap. 10) is amended by renumbering it as section 17(1).

(2) Section 17(1) is amended by repealing “any person dying in any of Her Majesty’s forces or of ”.

(3) Section 17 is amended by adding—

“(2) Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in the Chinese People’s Liberation Army for the administration of whose estate provision is made by any law of the Mainland.
(3) In this section, “Mainland” (內地) means any part of China other than Hong Kong, Macau and Taiwan.”.

Defamation Ordinance

3. Newspaper statements having qualified privilege

The Schedule to the Defamation Ordinance (Cap. 21) is amended, in paragraph 4, by repealing “held outside Hong Kong under the Naval Discipline Act, the Army Act or the Air Force Act” and substituting “of the Chinese People’s Liberation Army held outside Hong Kong”.

Antiquities and Monuments Ordinance

4. Interpretation

Section 2 of the Antiquities and Monuments Ordinance (Cap. 53) is amended, in paragraph (b) of the definition of “private land”, by repealing “Her Majesty’s forces, or for other purposes of the Crown in right of Her Majesty’s Government in the United Kingdom” and substituting “the Hong Kong Garrison, or for other purposes of the Central People’s Government”.

Employment Ordinance

5. Sickness allowance

Section 33(6)(a) of the Employment Ordinance (Cap. 57) is amended by repealing “Crown” and substituting “Government, a military hospital”.

Import and Export (Registration) Regulations

6. Exemptions in respect of regulations 4 and 5

Regulation 3(c) of the Import and Export (Registration) Regulations (Cap. 60 sub. leg. E) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Pilotage Ordinance

7. Exemption from compulsory pilotage

Section 10D(1)(a) of the Pilotage Ordinance (Cap. 84) is amended by repealing “Her Majesty” and substituting “the Chinese People’s Liberation Army or ships belonging to the Central People’s Government”.

Pensions Regulations

8. War service to count for pension purposes

Regulation 16 of the Pensions Regulations (Cap. 89 sub. leg. A) is repealed.

9. Additional pension in respect of war service

(1) Regulation 17A(9) is amended, in the definition of “excess remuneration”, by repealing “Crown” and substituting “United Kingdom”.

(2) Regulation 17A(9) is amended, in paragraph (a) of the definition of “war service”, by repealing “Crown” and substituting “United Kingdom”.

Public Service Commission Ordinance

10. Functions of Commission

Section 6(2)(d) of the Public Service Commission Ordinance (Cap. 93) is amended by repealing “in any naval, military or air force constituted by or raised under any enactment or”.

Pension Benefits Regulations

11. Military service to count for pension benefits

Regulation 15 of the Pension Benefits Regulations (Cap. 99 sub. leg. A) is repealed.

12. Additional pension in respect of war service

(1) Regulation 15A(9) is amended, in the definition of “excess remuneration”, by repealing “Crown” and substituting “United Kingdom”.

(2) Regulation 15A(9) is amended, in paragraph (a) of the definition of “war service”, by repealing “Crown” and substituting “United Kingdom”.

“Star” Ferry Company, Limited, By-laws

13. Firearms

By-law 13 of the “Star” Ferry Company, Limited, By-laws (Cap. 104 sub. leg. E) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

Telecommunications Ordinance

14. Power to place and maintain telecommunications lines, etc., on land, etc.

(1) Section 14(1)(b) of the Telecommunications Ordinance (Cap. 106) is amended—

(a) by repealing “Her Majesty’s naval, military or airforce services” and substituting “the Hong Kong Garrison”;
(b) by repealing “Commander, British Forces” and substituting “Commander of the Hong Kong Garrison”.

(2) Section 14(3)(c) is amended—

(a) by repealing “Her Majesty’s naval, military or airforce services” and substituting “the Hong Kong Garrison”;
(b) by repealing “Commander, British Forces” and substituting “Commander of the Hong Kong Garrison”.

Tramway Ordinance

15. Interpretation

Section 2 of the Tramway Ordinance (Cap. 107) is amended by repealing the definition of “department” and substituting—

“ “department” (部門) includes the Government and the Hong Kong Garrison;”.

Dutiable Commodities Ordinance

16. Application

Section 3(4) of the Dutiable Commodities Ordinance (Cap. 109) is amended by repealing “Government of the United Kingdom or of Hong Kong” and substituting “Central People’s Government, the Chinese People’s Liberation Army or the Government of the Hong Kong Special Administrative Region”.

Inland Revenue Ordinance

17. Charge of salaries tax

(1) Section 8(2)(d) of the Inland Revenue Ordinance (Cap. 112) is repealed and the following substituted—

“(d) the emoluments payable by the Central People’s Government to members of the Chinese People’s Liberation Army, and to persons in the permanent service of that Government in Hong Kong in respect of their offices under that Government;”.

(2) Section 8(2)(e) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

(3) Section 8(2)(f) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

(4) Section 8 is amended by adding—

“(2A) In computing the income of any person for the purposes of subsection (1) there is to be excluded any amount that, had it been payable immediately before the date of commencement of section 17 of Schedule 1 to the Adaptation of Laws (Military References) Ordinance 2012 (2 of 2012), would have been excluded under subsection (2)(e) or (f) as in force immediately before that date.”.

Immigration Ordinance

18. Interpretation

Section 2(1) of the Immigration Ordinance (Cap. 115) is amended, in the definition of “serviceman”, by repealing “Her Majesty’s regular naval, military or air force service” and substituting “the Chinese People’s Liberation Army”.

19. Interpretation

Section 17B(1)(e) is amended by repealing “Her Majesty’s regular naval, military or air forces” and substituting “the Chinese People’s Liberation Army”.

20. Sections repealed

Sections 57A, 57B, 58 and 58A are repealed.

Authorization by the Governor under Section 58A

21. Repeal

The Authorization by the Governor under Section 58A (Cap. 115 sub. leg. F) is repealed.

Rating Ordinance

22. Exemption of certain tenements from assessment

Section 36(4) of the Rating Ordinance (Cap. 116) is amended by repealing the definition of “military land” and substituting—

“ “military land” (軍事用地) means any land and any building thereon occupied by the Hong Kong Garrison but does not include any land or building thereon rented for public purposes by the Hong Kong Garrison unless such land or building is rented directly from the Government;”.

Buildings Ordinance

23. Exemptions

(1) Section 41(1)(b) of the Buildings Ordinance (Cap. 123) is amended by repealing “Her Majesty’s naval, military or air force services” and substituting “the Hong Kong Garrison”.

(2) Section 41(1)(ba) is amended by repealing “Her Majesty’s naval, military or air force services” and substituting “the Hong Kong Garrison”.

(3) Section 41(1A)(a) is amended by repealing “Her Majesty’s naval, military or air force services” and substituting “the Hong Kong Garrison”.

Lands Resumption Ordinance

24. Interpretation

Section 2 of the Lands Resumption Ordinance (Cap. 124) is amended, in the definition of “resumption for a public purpose”, by repealing paragraph (c) and substituting—

“(c) resumption for any purpose connected with the Hong Kong Garrison; and”.

Land Acquisition (Possessory Title) Ordinance

25. Interpretation

Section 2 of the Land Acquisition (Possessory Title) Ordinance (Cap. 130) is amended, in the definition of “acquisition for a public purpose”, by repealing paragraph (c) and substituting—

“(c) acquisition for any purpose connected with the Hong Kong Garrison; and”.

Funeral Parlours Regulation

26. Interpretation

Section 3 of the Funeral Parlours Regulation (Cap. 132 sub. leg. AD) is amended, in the definition of “funeral parlour”—

(a) in paragraph (b), by repealing “Crown” and substituting “Government”;
(b) by adding—
“(ba) any mortuary situated within the precincts of a military hospital;”.

Hong Kong Cemetery, Happy Valley, Rules

27. Bands and photographs

Rule 4(a) of the Hong Kong Cemetery, Happy Valley, Rules (Cap. 132 sub. leg. AJ) is amended by repealing “, other than a band of Her Majesty’s armed forces,”.

Dangerous Drugs Ordinance

28. Interpretation

Section 2(1) of the Dangerous Drugs Ordinance (Cap. 134) is amended, in the definition of “prescribed hospital”, by repealing “Crown” and substituting “Government, a military hospital”.

29. Dangerous drug not to be supplied except to person authorized or licensed to be in possession thereof

Section 5(3)(c) is amended by repealing “or in a health centre or clinic maintained by the Crown” and substituting “, in a health centre or clinic maintained by the Government or in a health centre or clinic of the Hong Kong Garrison”.

30. Statutory authority for certain persons to possess, supply or manufacture dangerous drugs

(1) Section 22(1)(e)(ii) is amended by repealing “or at a health centre or clinic maintained by the Crown” and substituting “, at a health centre or clinic maintained by the Government or at a health centre or clinic of the Hong Kong Garrison”.

(2) Section 22(1)(f) is amended by repealing “or in a health centre or clinic maintained by the Crown” and substituting “, in a health centre or clinic maintained by the Government or in a health centre or clinic of the Hong Kong Garrison”.

31. Restrictions on authority conferred by section 22, etc.

(1) Section 23(1)(b) is amended by repealing “or in a health centre or clinic maintained by the Crown” and substituting “, in a health centre or clinic maintained by the Government or in a health centre or clinic of the Hong Kong Garrison”.

(2) Section 23(1)(c) is amended by repealing “or at a health centre or clinic maintained by the Crown” and substituting “, at a health centre or clinic maintained by the Government or at a health centre or clinic of the Hong Kong Garrison”.

(3) Section 23(3) is amended by repealing “by a person who is a registered pharmacist or an approved person and who is employed or engaged at a prescribed hospital or at a health centre or clinic maintained by the Crown or by the matron of a hospital” and substituting “by the matron of a hospital or by a person who is a registered pharmacist or an approved person and who is employed or engaged at a prescribed hospital, at a health centre or clinic maintained by the Government or at a health centre or clinic of the Hong Kong Garrison”.

32. Statutory authority to possess equipment and apparatus for injection of dangerous drugs

Section 27(1)(c) is amended by repealing “or in a health centre or clinic maintained by the Crown” and substituting “, in a health centre or clinic maintained by the Government or in a health centre or clinic of the Hong Kong Garrison”.

33. Supply of dangerous drugs to hospitals, etc.

Section 30(1) is amended by repealing “or in a health centre or clinic maintained by the Crown” and substituting “, in a health centre or clinic maintained by the Government or in a health centre or clinic of the Hong Kong Garrison”.

34. Prescribed hospitals and institutions, other than hospitals maintained by the Government

The Second Schedule is amended, in the heading, by adding “and Military Hospitals” after “Government”.

Dangerous Drugs Regulations

35. Requirements with respect to prescriptions

Regulation 3(2) of the Dangerous Drugs Regulations (Cap. 134 sub. leg. A) is amended by repealing “or a health centre maintained by the Crown” and substituting “, a health centre maintained by the Government or a health centre of the Hong Kong Garrison”.

Pharmacy and Poisons Ordinance

36. Interpretation

Section 2(1) of the Pharmacy and Poisons Ordinance (Cap. 138) is amended, in the definition of “institution”—

(a) in paragraph (c), by repealing “Crown; or” and substituting “Government;”;
(b) by adding—
“(ca) any military hospital or any maternity home or clinic of the Hong Kong Garrison; or”.

Air Passenger Departure Tax Ordinance

37. Passengers exempted from liability to pay the tax

The Second Schedule to the Air Passenger Departure Tax Ordinance (Cap. 140) is amended by repealing paragraph 5 and substituting—

“5. Passengers departing from Hong Kong by civilian aircraft, who—
(a) are members of the Chinese People’s Liberation Army or are civilians sponsored by the Ministry of National Defence in the Central People’s Government; and
(b) are present in Hong Kong with or in connection with the Hong Kong Garrison,
and members of their families forming part of their households, if their passages have been arranged by the appropriate authority or with the approval of the appropriate authority, as evidenced by a certificate issued by or on behalf of the Commander of the Hong Kong Garrison.”.

Dentists Registration Ordinance

38. Exemptions from sections 9, 10 and 14

Section 30(2) of the Dentists Registration Ordinance (Cap. 156) is amended by repealing “Her Majesty’s navy, army or air force” and substituting “the Chinese People’s Liberation Army”.

Medical Registration Ordinance

39. Exemption from registration

Section 29 of the Medical Registration Ordinance (Cap. 161) is amended—

(a) by adding “or positions” after “appointments”;
(b) in paragraph (a), by repealing “Her Majesty’s Forces serving on full pay” and substituting “the Chinese People’s Liberation Army serving”.

Midwives Registration Ordinance

40. Exemption from registration

Section 25 of the Midwives Registration Ordinance (Cap. 162) is amended by repealing “on full pay in Her Majesty’s armed forces” and substituting “in the Chinese People’s Liberation Army”.

Nurses Registration Ordinance

41. Exemptions from registration

Section 26(a) of the Nurses Registration Ordinance (Cap. 164) is amended by repealing “on full pay in Her Majesty’s armed forces” and substituting “in the Chinese People’s Liberation Army”.

Hospitals, Nursing Homes and Maternity Homes Registration Ordinance

42. Interpretation

(1) Section 2(1) of the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap. 165) is amended, in the definition of “hospital”, by repealing “Crown or a” and substituting “Government, any military hospital or any”.

(2) Section 2(1) is amended, in the definition of “maternity home”, by repealing “Crown” and substituting “Government, any maternity home of the Hong Kong Garrison”.

Wild Animals Protection Ordinance

43. Entry in restricted areas

(1) Section 13(2)(a) of the Wild Animals Protection Ordinance (Cap. 170) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

(2) Section 13(3)(a) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

Registration of Persons Regulations

44. Exemptions

Regulation 25(b)(i) of the Registration of Persons Regulations (Cap. 177 sub. leg. A) is amended by repealing “Her Majesty’s regular naval, military or air forces” and substituting “the Chinese People’s Liberation Army”.

Defences (Firing Areas) Ordinance

45. Firing programme and notices

Section 4(1) of the Defences (Firing Areas) Ordinance (Cap. 196) is amended by repealing “Commander, British Forces” and substituting “Commander of the Hong Kong Garrison”.

46. Penalty for offences

Section 8(2) is amended—

(a) by repealing “officer authorized” and substituting “person authorized”;
(b) by repealing “such officer” and substituting “any person authorized by section 9”.

47. Officers authorized to arrest or remove trespassers, etc.

(1) The heading of section 9 is amended by repealing “Officers” and substituting “Persons”.

(2) Section 9 is amended—

(a) by repealing “officers” and substituting “persons”;
(b) in paragraph (b), by repealing “, warrant officer, non-commissioned officer or military policeman,” and substituting “or soldier”.

48. Exemptions

(1) Section 10(1)(c) is amended by repealing “Commander, British Forces” and substituting “Commander of the Hong Kong Garrison”.

(2) Section 10(1)(e) is repealed and the following substituted—

“(e) any aircraft of the Chinese People’s Liberation Army or any aircraft employed under the Government.”.

Crimes Ordinance

49. Incitement to mutiny

Section 6(a) of the Crimes Ordinance (Cap. 200) is repealed and the following substituted—

“(a) to seduce any member of the Chinese People’s Liberation Army from his duty and allegiance to the People’s Republic of China; or”.

50. Incitement to disaffection

(1) Section 7(1)(a) is repealed.

(2) Section 7 is amended by adding—

“(1A) Any person who knowingly attempts to seduce any member of the Chinese People’s Liberation Army from his duty or allegiance to the People’s Republic of China is guilty of an offence.”.

(3) Section 7(2)(a) is amended by adding “or (1A)” after “subsection (1)”.

(4) Section 7(3) is amended by adding “or (1A)” after “subsection (1)” where it twice appears.

51. Possession etc. of unmarked plastic explosive

Section 58B(2) is amended—

(a) by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”;
(b) by repealing “Commander British Forces” and substituting “Commander of the Hong Kong Garrison”.

52. Import and export of unmarked plastic explosive

Section 58D(2)(a) is amended—

(a) by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”;
(b) by repealing “Commander British Forces” where it twice appears and substituting “Commander of the Hong Kong Garrison”.

53. Forfeiture, seizure and destruction of unmarked plastic explosive

Section 58E(3) is amended by repealing “Commander British Forces” and substituting “Commander of the Hong Kong Garrison”.

54. Exemption period for police officers and members of armed forces

(1) The heading of section 58F is amended by repealing “armed forces” and substituting “Chinese People’s Liberation Army”.

(2) Section 58F is amended—

(a) by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”;
(b) by repealing “Commander British Forces” and substituting “Commander of the Hong Kong Garrison”.

55. Application of ss. 156 and 157 to trials by courts-martial

Section 158 is repealed.

Country Parks and Special Areas Regulations

56. Application to Crown servants and waterworks contractors

(1) The heading of regulation 19 of the Country Parks and Special Areas Regulations (Cap. 208 sub. leg. A) is amended by repealing “Crown servants” and substituting “public servants, members of Chinese People’s Liberation Army”.

(2) Regulation 19(1)(a) is amended by repealing “Crown” and substituting “Government”.

(3) Regulation 19(1) is amended by adding—

“(aa) any member of the Chinese People’s Liberation Army while he is within a country park or special area acting in the course of his duties;”.

(4) Regulation 19(1)(b) is amended by repealing “Crown” and substituting “Government or a member of the Chinese People’s Liberation Army”.

(5) Regulation 19(2) is amended by repealing “Crown” (官方” and substituting “Government” (政府”.

(6) Regulation 19(2)(a) is amended by adding “or” at the end.

(7) Regulation 19(2)(b) is repealed.

(8) Regulation 19(2)(c)(ii) is amended by repealing “Royal Hong Kong Auxiliary Air Force” and substituting “Government Flying Service”.

Aerial Ropeways (Operation and Maintenance) Regulations

57. Prohibited goods, and prohibition on smoking

Regulation 13(1)(a) of the Aerial Ropeways (Operation and Maintenance) Regulations (Cap. 211 sub. leg. A) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

Weapons Ordinance

58. Application

Section 3(a) of the Weapons Ordinance (Cap. 217) is repealed and the following substituted—

“(a) on behalf of the Central People’s Government, including possession by an officer or member of the Chinese People’s Liberation Army who is in possession of any prohibited weapon or martial arts weapon in his capacity as such; or”.

Summary Offences Ordinance

59. Prohibition of smoking in certain places

(1) Section 29(2) of the Summary Offences Ordinance (Cap. 228) is amended, in paragraph (a) of the proviso, by repealing “Her Majesty’s naval forces” and substituting “the naval forces of the Chinese People’s Liberation Army”.

(2) Section 29(2) is amended, in paragraph (b) of the proviso, by repealing “Senior Naval Officer in Hong Kong” and substituting “senior naval commander of the Hong Kong Garrison”.

Traffic Accident Victims (Assistance Fund) Ordinance

60. Levy on motor vehicles

(1) Section 5(1)(c) of the Traffic Accident Victims (Assistance Fund) Ordinance (Cap. 229) is amended by repealing “Crown whether in right of Her Majesty’s Government in Hong Kong or in the United Kingdom” and substituting “Government or the Hong Kong Garrison”.

(2) Section 5(2) is amended—

(a) by repealing “possession of Her Majesty’s forces” and substituting “possession of the Hong Kong Garrison”;
(b) by repealing “any unit of Her Majesty’s forces in Hong Kong” and substituting “the Hong Kong Garrison”.

(3) Section 5(7) is amended by repealing “Crown in right of Her Majesty’s Government in Hong Kong” and substituting “Government”.

61. Levy on licence holders

(1) The heading of section 6 is amended by adding “and members of Hong Kong Garrison” after “holders”.

(2) Section 6(1)(b) is amended by repealing “Crown” wherever it appears and substituting “Government”.

(3) Section 6(1)(b) is amended by repealing the full stop at the end and substituting a semicolon.

(4) Section 6(1) is amended by adding—

“(c) the Government in respect of every member of the Hong Kong Garrison who, not being the holder of a valid full driving licence, learner’s driving licence or temporary driving licence issued under the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg. B), is at the date of payment of the levy permitted by the Commander of the Hong Kong Garrison to drive a vehicle belonging to the Hong Kong Garrison.”.

(5) Section 6(5) is amended—

(a) by adding “and (c)” after “(1)(b)”;
(b) by repealing “Crown” and substituting “Government”.

(6) Section 6(6) is amended by repealing “Crown” (官方” and substituting “Government” (政府”.

(7) Section 6(6)(a) is amended by adding “or” at the end.

(8) Section 6(6)(b) is repealed.

(9) Section 6(6)(c)(ii) is amended by repealing “Royal Hong Kong Auxiliary Air Force” and substituting “Government Flying Service”.

62. Failure to pay levy

Section 7(2) is amended by repealing “Crown shall be recoverable as a debt due to the Crown” and substituting “Government is recoverable as a debt due to the Government”.

63. Schedule amended

(1) The Schedule is amended, in Part II, in the heading, by adding “AND MEMBERS OF HONG KONG GARRISON” after “LICENCES”.

(2) The Schedule is amended, in Part II, in column 2, in the heading, by adding “or Permission” after “Licence”.

(3) The Schedule is amended, in Part II, in item 4, by repealing “Crown to drive a vehicle owned by the Crown” and substituting “Government to drive a vehicle belonging to the Government”.

(4) The Schedule is amended, in Part II, by adding—

“5. Permission permitting a member of the Hong Kong Garrison to drive a vehicle belonging to the Hong Kong Garrison $38”.

Public Bus Services Regulations

64. Power to remove passengers etc.

Regulation 13(5)(d) of the Public Bus Services Regulations (Cap. 230 sub. leg. A) is amended by repealing “Her Majesty’s regular naval, military or air forces” and substituting “the Chinese People’s Liberation Army”.

Undesirable Medical Advertisements Ordinance

65. Prohibition of advertisements relating to certain diseases; exceptions therefrom

Section 3(2) of the Undesirable Medical Advertisements Ordinance (Cap. 231) is amended by repealing “Her Majesty’s forces for dissemination only amongst members of Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army for dissemination only amongst members of the Chinese People’s Liberation Army”.

Fixed Penalty (Traffic Contraventions) Ordinance

66. Scheduled circumstances

Schedule 2 to the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237) is amended, in paragraph 1C, by repealing “Armed Forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Firearms and Ammunition Ordinance

67. Possession on behalf of the Crown etc.

(1) The heading of section 3 of the Firearms and Ammunition Ordinance (Cap. 238) is amended by repealing “Crown” and substituting “Government”.

(2) Section 3(a) is repealed and the following substituted—

“(a) on behalf of the Central People’s Government, including possession by an officer or member of the Chinese People’s Liberation Army who is in possession of or deals in the arms or ammunition in his capacity as such; or”.

Public Order Ordinance

68. Prohibition of quasi-military organizations

Section 5(1)(a) of the Public Order Ordinance (Cap. 245) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

69. Prohibition of offensive weapons at public meetings and processions

Section 17C(2)(e) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

70. Curfew orders

(1) Section 31(6)(f) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

(2) Section 31(6)(m) is amended by repealing “an employee of the Ministry of Defence in possession of a valid Army Department Pass” and substituting “a member of the Ministry of National Defence in the Central People’s Government in possession of a valid pass of the Ministry of National Defence”.

71. Permits to enter and leave closed area

Section 37(1) is repealed and the following substituted—

“(1) In the case of a closed area which is an area or place occupied by the Hong Kong Garrison or for other purposes of the Central People’s Government, the Commander of the Hong Kong Garrison or any member of the Chinese People’s Liberation Army authorized by him for the purposes of this subsection may issue to any person a permit allowing such person to enter and leave the closed area.”.

72. Prohibition on entering or leaving closed area without permit

Section 38(2)(a)(iii) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

73. Power of arrest

(1) Section 39(1) is amended by repealing “any member of Her Majesty’s forces, or any guard,” and substituting “any guard”.

(2) Section 39(4)(b) is amended by repealing “Governor or the Commander British Forces” and substituting “Chief Executive”.

(3) Section 39(4) is amended by adding—

“(ba) in the case of a closed area which is an area or place occupied by the Hong Kong Garrison or for other purposes of the Central People’s Government, any member of the Chinese People’s Liberation Army;”.

74. Power to require identification

Section 49(1) is amended—

(a) by repealing “a member of Her Majesty’s forces acting in the course of his duty or”;
(b) by repealing “member or”.

75. Powers of members of certain auxiliary services and Her Majesty’s forces

(1) The heading of section 50 is amended by repealing “Her Majesty’s forces” and substituting “Chinese People’s Liberation Army”.

(2) Section 50(3) is amended by repealing “Her Majesty’s forces acting in aid of the civil power” and substituting “the Chinese People’s Liberation Army acting under Article 14 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region in Schedule 2 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)”.

(3) Section 50(4) is amended by repealing “commissioned officer in Her Majesty’s forces acting in aid of the civil power” and substituting “member of the Chinese People’s Liberation Army of or above the rank of second lieutenant (or ensign) acting under Article 14 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region in Schedule 2 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)”.

(4) Section 50(5) is amended—

(a) by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”;
(b) by repealing “in aid of the civil power” and substituting “under Article 14 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region in Schedule 2 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)”.

76. Obstruction

Section 50A(a) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

77. Indemnity to persons acting under Ordinance

Section 53 is amended by repealing “Crown in any capacity, whether naval, military, air force or civil” and substituting “Government in any capacity, or be a member of the Chinese People’s Liberation Army”.

Protected Places (Safety) Ordinance

78. Power for the Chief Executive to authorize any person to act as an authorized guard

Section 3(2) of the Protected Places (Safety) Ordinance (Cap. 260) is amended by repealing “Her Majesty’s armed forces” and substituting “the Hong Kong Garrison”.

Protected Places (Safety) (Authorized Guards) Order

79. Paragraphs substituted

Paragraphs 2, 3 and 4 of the Protected Places (Safety) (Authorized Guards) Order (Cap. 260 sub. leg. C) are repealed and the following substituted—

2. Authorized guards in respect of protected places under control of Senior Army Officer of Hong Kong Garrison
In respect of any protected place under the control of the Senior Army Officer of the Hong Kong Garrison, a member of the Hong Kong Garrison is authorized to act as an authorized guard.
3. Authorized guards in respect of protected places under control of Senior Navy Officer of Hong Kong Garrison
In respect of any protected place under the control of the Senior Navy Officer of the Hong Kong Garrison, a member of the Hong Kong Garrison is authorized to act as an authorized guard.
4. Authorized guards in respect of protected places under control of Senior Air Officer of Hong Kong Garrison
In respect of any protected place under the control of the Senior Air Officer of the Hong Kong Garrison, a member of the Hong Kong Garrison is authorized to act as an authorized guard.”.

Peak Tramway By-laws

80. Firearms

By-law 25 of the Peak Tramway By-laws (Cap. 265 sub. leg. B) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

Massage Establishments Ordinance

81. Application of Ordinance

(1) Section 3(a) of the Massage Establishments Ordinance (Cap. 266) is amended by repealing “Crown” and substituting “Government”.

(2) Section 3 is amended by adding—

“(aa) a military hospital or a maternity home of the Hong Kong Garrison;”.

Merchant Shipping Ordinance

82. Dispensing power and exemption

Section 118(2) of the Merchant Shipping Ordinance (Cap. 281) is amended by repealing “Her Majesty’s ships of war” and substituting “the ships of war of the Chinese People’s Liberation Army”.

Employees’ Compensation Ordinance

83. Interpretation

Section 3(1) of the Employees’ Compensation Ordinance (Cap. 282) is amended, in the definition of “hospital”, by repealing “or maintained by the Crown or which is a” and substituting “, any hospital maintained by the Government, any military hospital or any”.

84. Application to certain employees

Section 4(1)(a) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Housing (Traffic) By-laws

85. Exemption from restrictions

By-law 9(b) of the Housing (Traffic) By-laws (Cap. 283 sub. leg. A) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Housing (Traffic Contraventions) (Fixed Penalty) Bylaw

86. Scheduled circumstances

Schedule 2 to the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw (Cap. 283 sub. leg. C) is amended, in paragraph C, by repealing “Armed Forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Mining Ordinance

87. Interpretation

Section 2 of the Mining Ordinance (Cap. 285) is amended, in the definition of “private land”, by repealing “Her Majesty’s forces” and substituting “the Hong Kong Garrison”.

Mining (General) Regulations

88. First Schedule amended

The First Schedule to the Mining (General) Regulations (Cap. 285 sub. leg. A) is amended—

(a) in Form IV, in Note (5), by repealing “Her Majesty’s Forces” and substituting “the Hong Kong Garrison”;
(b) in Form V, in Note (5), by repealing “Her Majesty’s Forces” and substituting “the Hong Kong Garrison”.

Adoption Rules

89. Persons who may attest documents and declarations outside Hong Kong

Rule 29 of the Adoption Rules (Cap. 290 sub. leg. A) is amended—

(a) in paragraph (c)(iii), by repealing the semicolon and substituting a full stop;
(b) by repealing paragraph (d).

Dangerous Goods Ordinance

90. Application

Section 3 of the Dangerous Goods Ordinance (Cap. 295) is amended, in paragraph (a) of the proviso, by repealing “Her Majesty’s ships of war,” and substituting “the ships of war of the Chinese People’s Liberation Army”.

Dangerous Goods (Shipping) Regulations

91. Approved petroleum wharves

The First Schedule to the Dangerous Goods (Shipping) Regulations (Cap. 295 sub. leg. C) is amended, in Part II—

(a) in item 11, by repealing “Stonecutters Island vested in the Ministry of Defence” and substituting “the Ngong Shuen Chau Barracks”;
(b) by repealing item 12.

Shipping and Port Control Ordinance

92. Application

Section 3(1) of the Shipping and Port Control Ordinance (Cap. 313) is amended by repealing “Her Majesty’s Government” and substituting “the Chinese People’s Liberation Army, the Central People’s Government”.

93. Application

Section 11(b) is amended by repealing “Her Majesty’s Government” and substituting “the Chinese People’s Liberation Army or the Central People’s Government”.

94. Port clearance to be obtained before departure

Section 15(2)(a) is amended by repealing “Her Majesty’s Government” and substituting “the Chinese People’s Liberation Army, the Central People’s Government”.

95. Port dues and remissions

Section 52(2) is amended by repealing “Her Majesty’s Government” and substituting “the Chinese People’s Liberation Army, the Central People’s Government”.

96. Boarding ships without authority

Section 70(1) is amended by repealing “Her Majesty’s forces in uniform and on duty” and substituting “the Chinese People’s Liberation Army in uniform and acting under Article 14 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region in Schedule 2 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)”.

Shipping and Port Control Regulations

97. Report of arrival of ship

Regulation 22(4) of the Shipping and Port Control Regulations (Cap. 313 sub. leg. A) is amended by repealing “Her Majesty’s Government” and substituting “the Chinese People’s Liberation Army, the Central People’s Government”.

98. Use of piers

Regulation 47(1) is amended by repealing “Government or British Forces pier” and substituting “Government pier or Hong Kong Garrison pier”.

99. Use of lights

Regulation 63(2)(b) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

100. Minor prohibitions

Regulation 65(1)(c) is amended by repealing “Her Majesty’s forces on duty” and substituting “the Chinese People’s Liberation Army acting under Article 14 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region in Schedule 2 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)”.

Census and Statistics Ordinance

101. Enumeration of armed forces and travellers

Section 10(a) of the Census and Statistics Ordinance (Cap. 316) is amended by repealing “Armed Forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Industrial Training (Clothing Industry) Ordinance

102. Application

Section 3(a) of the Industrial Training (Clothing Industry) Ordinance (Cap. 318) is amended by repealing “or by or on behalf of Her Majesty’s Armed Forces”.

Lifts and Escalators (Safety) Ordinance

103. Application

Section 3(1A)(c) of the Lifts and Escalators (Safety) Ordinance (Cap. 327) is amended—

(a) by repealing “Her Majesty’s naval, military or air force services” and substituting “the Hong Kong Garrison”;
(b) by repealing “any of such services” and substituting “the Hong Kong Garrison”.

104. Special provisions as to application of Ordinance where lessee of building responsible for lift or escalator

Section 46(1) is amended by repealing “Her Majesty’s naval, military or air force services” and substituting “the Hong Kong Garrison”.

Motor Vehicles (First Registration Tax) Ordinance

105. Tax not payable in respect of certain motor vehicles

Section 5(1) of the Motor Vehicles (First Registration Tax) Ordinance (Cap. 330) is repealed.

Medical Clinics Ordinance

106. Interpretation

Section 2 of the Medical Clinics Ordinance (Cap. 343) is amended, in paragraph (a) of the definition of “clinic”, by repealing “Government of the United Kingdom or of the Government of Hong Kong” and substituting “Government, or by the Hong Kong Garrison”.

Supplementary Medical Professions Ordinance

107. Disapplication of certain provisions to certain classes of person

(1) Section 30(2) of the Supplementary Medical Professions Ordinance (Cap. 359) is amended by repealing “the appointments” and substituting “or holding the appointments or positions”.

(2) Section 30(2)(a) is repealed and the following substituted—

“(a) a member of the Chinese People’s Liberation Army; and”.

Pneumoconiosis and Mesothelioma (Compensation) Ordinance

108. Interpretation

Section 2(1) of the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360) is amended, in the definition of “hospital”, by repealing “or maintained by the Crown or which is a” and substituting “, any hospital maintained by the Government, any military hospital or any”.

109. Entitlement to compensation

Section 4(3)(d) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Kowloon-Canton Railway Corporation By-laws

110. Exemption for Government officers

By-law 96 of the Kowloon-Canton Railway Corporation By-laws (Cap. 372 sub. leg. B) is amended by repealing “Her Majesty’s Forces” and substituting “the Chinese People’s Liberation Army”.

Road Traffic (Driving Licences) Regulations

111. Application to State

Regulation 4(2) of the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg. B) is repealed and the following substituted—

“(2) These regulations do not apply to—
(a) any member of the Chinese People’s Liberation Army; or
(b) any person who is employed by the Chinese People’s Liberation Army,
when he is driving a vehicle belonging to the Chinese People’s Liberation Army in the course of his duties.”.

Road Traffic (Parking) Regulations

112. Exemptions from restrictions

Regulation 10(c) of the Road Traffic (Parking) Regulations (Cap. 374 sub. leg. C) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Road Traffic (Registration and Licensing of Vehicles) Regulations

113. Application

Regulation 3(b) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

Road Traffic (Traffic Control) Regulations

114. Interpretation

Regulation 2(1) of the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G) is amended, in paragraph (b) of the definition of “person in the public service of the State”, by repealing “Her Majesty’s armed forces” and substituting “the Chinese People’s Liberation Army”.

Road Traffic (Parking on Private Roads) Regulations

115. Exemptions

Regulation 10(c) of the Road Traffic (Parking on Private Roads) Regulations (Cap. 374 sub. leg. O) is amended by repealing “armed forces of the Crown” and substituting “Chinese People’s Liberation Army”.

Road Traffic (Expressway) Regulations

116. Vehicles permitted

Regulation 4(2)(c)(ii) of the Road Traffic (Expressway) Regulations (Cap. 374 sub. leg. Q) is amended by repealing “Her Majesty’s forces” and substituting “the Chinese People’s Liberation Army”.

Pension Benefits (Judicial Officers) Regulations

117. Military service to count for pension benefits

Regulation 15 of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub. leg. A) is repealed.

Merchant Shipping (Prevention and Control of Pollution) Ordinance

118. Application of Part III

Section 5(3) of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413) is repealed and the following substituted—

“(3) No direction under section 6(2) applies to—
(a) any ship which is used by the Chinese People’s Liberation Army; or
(b) any ship which belongs to the Central People’s Government or the Government of the Hong Kong Special Administrative Region,
and no action may be taken under section 6(4) or (5) as respects any such ship.”.

Civil Aviation Ordinance

119. Power to give effect to Chicago Convention and regulate air navigation

(1) Section 2A(3) of the Civil Aviation Ordinance (Cap. 448) is amended by repealing “a Secretary of State” and substituting “the Central People’s Government”.

(2) Section 2A(4) is amended—

(a) by repealing “a Secretary of State” and substituting “the Central People’s Government”;
(b) by repealing “Governor—” and substituting “Chief Executive–”;
(c) by repealing “Governor in Council” and substituting “Chief Executive in Council”.

(3) Section 2A(8) is amended, in the definition of “state of emergency”, by repealing “a Secretary of State” and substituting “the Standing Committee of the National People’s Congress”.

(4) Section 2A(8) is amended, in the definition of “state of war”, by repealing “United Kingdom” and substituting “People’s Republic of China”.

120. Savers

(1) Section 13(1) is amended by repealing “Her Majesty” and substituting “the Central People’s Government, the Chinese People’s Liberation Army or the Government of the Hong Kong Special Administrative Region”.

(2) Section 13(2) is amended by repealing “Governor in Council” and substituting “Chief Executive in Council”.

Air Navigation (Hong Kong) Order 1995

121. Members of flight crew—requirement of licences

(1) Article 19(4)(b)(i) of the Air Navigation (Hong Kong) Order 1995 (Cap. 448 sub. leg. C) is amended by repealing “any of Her Majesty’s naval, military or air forces” and substituting “the Chinese People’s Liberation Army”.

(2) Article 19(6) is amended by repealing “any of Her Majesty’s naval, military or air forces” and substituting “the Chinese People’s Liberation Army”.

122. Instruction in flying

Article 23(2) is amended, in the proviso, by repealing “any of Her Majesty’s naval, military or air forces” and substituting “the Chinese People’s Liberation Army”.

123. Rules of the Air

Article 64(3)(c) is repealed and the following substituted—

“(c) for complying with regulations or directives issued by the Central People’s Government in relation to an aircraft of which the pilot in command is acting as such in the course of his duty as a member of the Chinese People’s Liberation Army.”.

124. Prohibition of unlicensed air traffic controllers and student air traffic controllers

Article 66(1) is amended, in the proviso, by repealing “any of Her Majesty’s naval, military or air forces or a visiting force” and substituting “the Chinese People’s Liberation Army”.

125. Power to prohibit or restrict flying

(1) Article 69(4) is amended by repealing “a Secretary of State” and substituting “the Central People’s Government”.

(2) Article 69(5) is amended—

(a) by repealing “a Secretary of State” and substituting “the Central People’s Government”;
(b) by repealing “Governor” where it twice appears and substituting “Chief Executive”.

126. Application of Order to the Crown and visiting forces etc.

(1) The heading of Article 94 is amended by repealing “Crown and visiting forces” and substituting “Government”.

(2) Article 94(1) is amended by repealing “Her Majesty” wherever it appears and substituting “the Central People’s Government or the Government of the Hong Kong Special Administrative Region”.

(3) Article 94(2) is repealed.

(4) Article 94(4) is amended—

(a) by repealing “any of Her Majesty’s naval, military or air forces or as a member of a visiting force or international headquarters” and substituting “the Chinese People’s Liberation Army”;
(b) by repealing “Military Flying Regulations (Joint Service Publication 318) of Flying Orders to contractors (Aviation Publication 67) issued by the Secretary of State” and substituting “regulations or directives issued by the Central People’s Government in relation to an aircraft of which the pilot in command is acting as such in the course of his duty as a member of the Chinese People’s Liberation Army”.

127. Interpretation

(1) Article 98(1) is amended, in the definition of “Country”, by repealing “, except in paragraph (2) of this Article”.

(2) Article 98(1) is amended, in the definition of “Government aerodrome”, by repealing “Her Majesty’s naval, military or air forces, or of any visiting force” and substituting “the Chinese People’s Liberation Army”.

(3) Article 98(1) is amended, in paragraphs (a) and (b) of the definition of “Military aircraft”, by repealing “by the Secretary of State” and substituting “by the Central People’s Government”.

(4) Article 98(2) is repealed.

128. Rules of the Air

Schedule 14 is amended, in Rule 3(2), by repealing “of Her Majesty’s naval, military or air force aircraft” and substituting “military aircraft of the Chinese People’s Liberation Army”.

Security and Guarding Services Ordinance

129. Persons to whom Part II does not apply

Schedule 1 to the Security and Guarding Services Ordinance (Cap. 460) is amended, in item 2, by repealing “Her Majesty’s regular armed forces” and substituting “the Chinese People’s Liberation Army”.

Occupational Deafness (Compensation) Ordinance

130. Entitlement to compensation for the first time

Section 14(3)(a) of the Occupational Deafness (Compensation) Ordinance (Cap. 469) is amended by repealing “Her Majesty’s armed forces” and substituting “the Chinese People’s Liberation Army”.

Merchant Shipping (Seafarers) Ordinance

131. Application

Section 3(1)(a) of the Merchant Shipping (Seafarers) Ordinance (Cap. 478) is repealed and the following substituted—

“(a) any ship of war of the Chinese People’s Liberation Army, any other ship of war or any ship belonging to the Central People’s Government;”.

132. Royal Fleet Auxiliary

Section 141 is repealed.

133. Specified provisions for purposes of section 125

Item 17 of Schedule 1 is repealed.

Aviation Security Ordinance

134. Interpretation

Section 2(4) of the Aviation Security Ordinance (Cap. 494) is amended by repealing “by the Secretary of State” and substituting “by the Central People’s Government”.

Carriage by Air Ordinance

135. Power to exclude aircraft in use for military purposes

Section 8(1) of the Carriage by Air Ordinance (Cap. 500) is amended—

(a) by repealing “Secretary of State” and substituting “Central People’s Government”;
(b) by repealing “Governor” where it twice appears and substituting “Chief Executive”.

Registered Designs Ordinance

136. Designs relevant for defence purposes

(1) Section 77(1) of the Registered Designs Ordinance (Cap. 522) is amended by repealing “Secretary of State” and substituting “Central People’s Government”.

(2) Section 77(3) is amended by repealing “directions to the Secretary of State” and substituting “directions to the Central People’s Government”.

(3) Section 77(3)(a) is amended—

(a) by repealing “Secretary of State” and substituting “Central People’s Government”;
(b) by repealing “United Kingdom or Hong Kong” and substituting “People’s Republic of China”.

(4) Section 77(3)(b) is amended by repealing “Secretary of State” and substituting “Central People’s Government”.

(5) Section 77(3)(c) is amended—

(a) by repealing “Secretary of State” and substituting “Central People’s Government”;
(b) by repealing “United Kingdom or Hong Kong” and substituting “People’s Republic of China”.

(6) Section 77(4) is repealed.

SCHEDULE 2

[s. 4]

Consequential Amendments

Interpretation and General Clauses Ordinance

1. Laws previously in force

Section 2A(2)(c) of the Interpretation and General Clauses Ordinance (Cap. 1) is amended by repealing “Garrison Law of the Hong Kong Special Administrative Region of the People’s Republic of China” and substituting “Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region in Schedule 2 to the Promulgation of National Laws (No. 2) 1997 (L.N. 386 of 1997)”.

Airport Authority Bylaw

2. Public officers, etc.

Section 6(1) of the Airport Authority Bylaw (Cap. 483 sub. leg. A) is amended by adding “Hong Kong” before “Garrison”.

Aviation Security Regulation

3. Extent to which Regulation not binding on the Government

Section 22(d) of the Aviation Security Regulation (Cap. 494 sub. leg. A) is amended by adding “Hong Kong” before “Garrison”.

This work is a Hong Kong ordinance, which is copyrighted in Hong Kong for 50 years after publication pursuant to Section 183(2) of the Copyright Ordinance (Cap. 528) of Hong Kong. However, as an edict of a government, it is in the public domain in the U.S.


According to Section 3 of the Interpretation and General Clauses Ordinance (Cap. 1), the term "ordinance" also includes any subsidiary legislation made under any ordinances of Hong Kong.