Cap. A601

An Ordinance to confirm the Bills passed by the Provisional Legislative Council before 1 July 1997, endorse the appointment of judges of the Court of Final Appeal and the Chief Judge of the High Court, assist the interpretation on and after 1 July 1997 of laws previously in force in Hong Kong, continue those laws and confirm certain other laws, establish the High Court, the District Court, magistracies and other courts, tribunals and boards, continue legal proceedings, the criminal justice system, the administration of justice and the course of public justice on and after 1 July 1997, continue the public service on and after 1 July 1997, assist the construction of certain documents on and after 1 July 1997, transfer the ownership of certain property and rights and provide for the assumption of certain liabilities on and after 1 July 1997, in consequence of the resumption of the exercise of sovereignty over Hong Kong by the People’s Republic of China, and for connected purposes. [1 July 1997] Editorial Note: This instrument was not given a chapter number under the Legislation Publication Ordinance (Cap. 614). An unofficial reference number, however, is assigned to this instrument in Hong Kong e-Legislation (http://www.elegislation.gov.hk) for identification purpose. This also enables users to carry out a search by reference to the unofficial reference number. Whereas— The Joint Declaration of the Government of the People’s Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed at Beijing on 19 December 1984 records the basic policies of the People’s Republic of China regarding Hong Kong; The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China promulgated by the President of the People’s Republic of China on 4 April 1990 provides for the implementation of the basic policies of the People’s Republic of China regarding Hong Kong in its political, executive, legislative, judicial, administrative, economic and social aspects while recognizing the role of the Central People’s Government of the People’s Republic of China in defence and foreign affairs in respect of the Hong Kong Special Administrative Region; The Preparatory Committee for the Hong Kong Special Administrative Region of the People’s Republic of China, exercising powers delegated to it by the National People’s Congress of the People’s Republic of China, established the Provisional Legislative Council of the Hong Kong Special Administrative Region by resolution passed on 24 March 1996, inter alia, for the purpose of considering and passing legislation particularly in anticipation of the reunification and during the transition period immediately before and immediately after that event and for the proper administration of the Hong Kong Special Administrative Region including the confirmation of anticipatory acts done prior to 1 July 1997; The National People’s Congress, in exercising its powers under Article 160 of the Basic Law on 23 February 1997, resolved which of the laws previously in force in Hong Kong are to be adopted as the valid laws of the Hong Kong Special Administrative Region and the principles on which those laws should be construed and adapted; It is necessary to confirm certain acts, in particular the acts referred to in the long title to this Ordinance, done before the reunification and resumption of the exercise of sovereignty by the People’s Republic of China as valid acts, to provide for the continuation of the administration of justice and the public service and to provide for associated matters to ensure the continuity of the social order of Hong Kong, Therefore this Ordinance is enacted by the Provisional Legislative Council.(Format changes—E.R. 1 of 2017) Part I General 1. Short title This Ordinance may be cited as the Hong Kong Reunification Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Basic Law (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China;HKSAR (特區) means the Hong Kong Special Administrative Region of the People’s Republic of China;Provisional Legislative Council (臨時立法會) means the Provisional Legislative Council of the HKSAR;public officer (公職人員), in relation to the period before 1 July 1997, includes the Governor, the Governor in Council and any employee of the Government of Hong Kong, and in relation to the period after 30 June 1997, includes the Chief Executive, the Chief Executive in Council and any employee of the Government of the HKSAR. Part II Bills Passed by the Provisional Legislative Council Confirmed 3. Bills passed by the Provisional Legislative Council confirmed The Bills listed in Schedule 1 as passed by the Provisional Legislative Council before 1 July 1997 in anticipation of the reunification are confirmed and subject to the signing and promulgation thereof by the Chief Executive shall have the full force and effect of law. Part III Judges of Court of Final Appeal and Chief Judge of High Court 4. Endorsement of appointment of judges The appointments listed in Schedule 2 are endorsed by the Provisional Legislative Council. Part IV Interpretation of Laws Previously in Force 5. Section added The Interpretation and General Clauses Ordinance (Cap. 1) is amended by adding— “2A. Laws previously in force (1)All laws previously in force shall be construed with such modifications, adaptations, limitations and exceptions as may be necessary so as not to contravene the Basic Law and to bring them into conformity with the status of Hong Kong as a Special Administrative Region of the People’s Republic of China.(2)Without prejudice to the generality of subsection (1), in any Ordinance— (a) provisions relating to foreign affairs in respect of the Hong Kong Special Administrative Region which are inconsistent with any national law applied in the Hong Kong Special Administrative Region shall be construed subject to that national law and shall be so construed as to be consistent with the international rights and obligations of the Central People’s Government of the People’s Republic of China; (b) provisions conferring privileges on the United Kingdom or other Commonwealth countries or territories, other than provisions giving effect to reciprocal arrangements between Hong Kong and the United Kingdom or other Commonwealth countries or territories shall have no further effect; (c) provisions relating to the rights, exemptions and obligations of military forces stationed in Hong Kong by the United Kingdom shall, subject to the provisions of the Basic Law and the Garrison Law of the Hong Kong Special Administrative Region of the People’s Republic of China, continue to have effect and apply to the military forces stationed in the Hong Kong Special Administrative Region by the Central People’s Government of the People’s Republic of China; (d) provisions relating to the superior legal status of the English language as compared with the Chinese language shall be construed as providing that both the English and Chinese languages are to be official languages; and (e) provisions applying any English law may continue to be applicable by reference thereto as a transitional arrangement pending their amendment by the Hong Kong Special Administrative Region through the Legislature thereof, provided that they are not prejudicial to the sovereignty of the People’s Republic of China and do not contravene the provisions of the Basic Law. (3)In all laws previously in force words and expressions listed in Schedule 8 shall be construed according to that Schedule.(4)In this section— “Basic Law” (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China; “laws previously in force” (原有法律) means the common law, rules of equity, Ordinances, subsidiary legislation and customary law in force immediately before 1 July 1997 and adopted as laws of the Hong Kong Special Administrative Region.”. 6. Schedule added The Interpretation and General Clauses Ordinance (Cap. 1) is amended by adding— “SCHEDULE 8 [s. 2A(3)] CONSTRUCTION ON AND AFTER 1 JULY 1997 OF WORDSAND EXPRESSIONS IN LAWS PREVIOUSLY IN FORCE 1. Any reference in any provision to Her Majesty, the Crown, the British Government or the Secretary of State (or to similar names, terms or expressions) where the content of the provision—(a) relates to title to land in the Hong Kong Special Administrative Region;(b) involves affairs for which the Central People’s Government of the People’s Republic of China has responsibility;(c) involves the relationship between the Central Authorities and the Hong Kong Special Administrative Region,shall be construed as a reference to the Central People’s Government or other competent authorities of the People’s Republic of China.2. Any reference in any provision to Her Majesty, the Crown, the British Government or the Secretary of State (or to similar names, terms or expressions) in contexts other than those specified in section 1 shall be construed as a reference to the Government of the Hong Kong Special Administrative Region.3. Any reference to Her Majesty in Council or to the Privy Council, where the content of the provision relates to appellate jurisdiction in relation to Hong Kong, shall be construed as a reference to the Hong Kong Court of Final Appeal.4. Any reference to Her Majesty in Council or to the Privy Council in contexts other than its appellate jurisdiction shall be construed in the same manner as references to Her Majesty are construed under sections 1 and 2.5. Any reference to a Government agency which bears a name which includes the word “Royal” shall be read—(a) as if the word “Royal” were omitted; and(b) as a reference to the corresponding Government agency of the Hong Kong Special Administrative Region.6. Any reference to the Colony of Hong Kong (or to similar names, terms or expressions) shall be construed as a reference to the Hong Kong Special Administrative Region and any reference to the boundaries of the Colony of Hong Kong shall be construed as a reference to the boundaries as specified in the map of the administrative division of the Hong Kong Special Administrative Region published by the State Council of the People’s Republic of China.7. Any reference to the Supreme Court of Hong Kong shall be construed as a reference to the High Court of the Hong Kong Special Administrative Region.8. Any reference to the Court of Appeal of Hong Kong shall be construed as a reference to the Court of Appeal of the High Court of the Hong Kong Special Administrative Region.9. Any reference to the High Court of Justice of Hong Kong shall be construed as a reference to the Court of First Instance of the High Court of the Hong Kong Special Administrative Region.10. Any reference to “地方法院” shall be construed as a reference to “區域法院”.11. Any reference to the Governor of Hong Kong or to the Governor in Council shall be construed as a reference to the Chief Executive of the Hong Kong Special Administrative Region or the Chief Executive in Council respectively.12. Any reference to the Chief Justice of the Supreme Court of Hong Kong shall be read as a reference to the Chief Judge of the High Court of the Hong Kong Special Administrative Region.13. Any reference to “上訴法院大法官” shall be construed as a reference to “高等法院上訴法庭法官”.14. Any reference to a judge of the High Court shall be construed as a reference to a judge of the Court of First Instance.15. Any reference in the Chinese version of any law to the Legislative Council, the Judiciary or the Executive Authorities or to the officers of those bodies shall be construed in accordance with the relevant provisions of the Basic Law.16. Any reference in any law to the Legislative Council shall, as the case may require, be construed as including a reference to the Provisional Legislative Council.17. Any reference to the People’s Republic of China or to China (or to similar names, terms or expressions) shall be construed as a reference to the People’s Republic of China as including Taiwan, the Hong Kong Special Administrative Region and Macau.18. Any reference to the Mainland, Taiwan, Hong Kong or Macau (whether separately or concurrently) shall be construed as a reference to the Mainland, Taiwan, Hong Kong or Macau, as the case may be, as a part of the People’s Republic of China.19. Any reference to a foreign country or foreign state (or to similar terms or expressions) shall be construed as a reference to a country or territory other than the People’s Republic of China or as a reference to any place other than the Hong Kong Special Administrative Region, depending on the content of the relevant law.20. Any reference to an alien (or to similar terms or expressions) shall be construed as a reference to a person other than a citizen of the People’s Republic of China.21. Any provision saving the rights of Her Majesty, Her Heirs and Successors shall be construed as saving the rights of the Central People’s Government of the People’s Republic of China and the rights of the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws.22. This Schedule applies unless the context otherwise requires.”. 7. Maintenance of previous laws (1) The laws previously in force in Hong Kong, that is the common law, rules of equity, Ordinances, subsidiary legislation and customary law, which have been adopted as the laws of the HKSAR, shall continue to apply.(2) Without prejudice to subsection (1), legislation enacted in respect of the budget for the 1997-98 financial year is confirmed. Part V Establishment of Courts, etc. 8. Establishment of High Court Section 3 of the Supreme Court Ordinance (Cap. 4) is repealed and the following substituted— “3. High Court (1)There shall be a High Court of the Hong Kong Special Administrative Region consisting of the Court of First Instance and the Court of Appeal.(2)Subject to the provisions of this Ordinance, the High Court shall be a court of unlimited civil and criminal jurisdiction.”. 9. The District Court and miscellaneous courts, etc. (1) The District Court, magistracies and every other court (apart from the Supreme Court), statutory tribunal or statutory board in existence immediately before 1 July 1997 are on that date established as the District Court, magistracies, courts, statutory tribunals and statutory boards, as the case may be, of the HKSAR.(2) The law applicable to each body referred to in subsection (1) immediately before 1 July 1997 shall on and from that date apply to that body as established under subsection (1). Part VI Legal Proceedings, Criminal Justice System and Administration of Justice 10. Continuity of legal proceedings, criminal justice system and administration of justice (1) Subject to this Ordinance, the continuity of legal proceedings, the criminal justice system, the administration of justice and the course of public justice shall not be affected by the resumption of the exercise of sovereignty over Hong Kong by the People’s Republic of China.(2) The following provisions of this Part are without prejudice to the generality of the principle stated in subsection (1). 11. Saving of judgments, etc. All acts done by a court, magistrate, statutory tribunal or statutory board before 1 July 1997 shall (subject to any applicable time limits) on and after that date, continue to have effect and, as the case may require, be regarded as acts done by the corresponding court, magistrate, tribunal or board of the HKSAR. 12. Rights of audience Every person who immediately before 1 July 1997 enjoyed a right of audience before any court, magistrate, statutory tribunal or statutory board shall on and after that date continue to enjoy such right before the corresponding court, magistrate, tribunal or board of the HKSAR. 13. Barristers and solicitors Every person admitted as a barrister or solicitor of the Supreme Court shall on and after 1 July 1997 be deemed to have been admitted as a barrister or solicitor, as the case may be, of the High Court of the HKSAR. 14. Notaries public (1) Every notary public who immediately before 1 July 1997 was registered on the register of notaries public kept by the Registrar of the High Court under section 41 of the Legal Practitioners Ordinance (Cap. 159) shall on and after that date continue to be a notary public with all the powers which immediately before that date were exercisable by a notary public under the law of Hong Kong.(2) Without affecting the generality of subsection (1), the reference to powers therein includes a reference to—(a) the power to attest, authenticate or certify the due execution of documents;(b) the power to note or protest bills of exchange and to attest, by an act of honour, payment thereof for honour supra protest;(c) the power to administer oaths, affirmations or declarations.(3) Subsection (1) shall not be construed as affecting—(a) any power which is for the time being conferred (either exclusively or inter alia) by or under the law of a country or territory outside Hong Kong on notaries outside the jurisdiction of that country or territory;(b) any power which is for the time being conferred on notaries by the law of nations or which is so conferred by the law of a community, association or group of states established by or formed pursuant to a treaty, convention or other international agreement.(4) Where a power described in paragraph (a) or (b) of subsection (3) is conferred by or under a law so described on notaries of 1 or more specified classes or descriptions, subsection (3) shall be construed and have effect in accordance with that law.(5) (a) In subsection (1) powers (權力) includes functions and duties and that subsection shall be construed and have effect accordingly.(b) The references in subsection (3)(a) to a country shall be construed as including references to part of a country. 15. Pending proceedings (1) All proceedings, including appeals, pending in any court, statutory tribunal or statutory board or before any magistrate immediately before 1 July 1997 may be continued on and after that date and shall be treated as if they had been pending in the corresponding court, tribunal or board or before the corresponding magistrate of the HKSAR.(2) Any proceedings pending in any court, statutory tribunal or statutory board or before any magistrate by or against a public officer immediately before 1 July 1997 shall on and after that date be deemed to have been brought by or against, as the case may be, the corresponding public officer in the HKSAR.(3) Any proceedings brought by, in the name of or against the Queen which are pending in any court, statutory tribunal or statutory board or before any magistrate immediately before 1 July 1997 shall on and after that date be deemed to have been brought by, in the name of or against, as the case may be, the HKSAR. 16. Vesting of rights (1) Where immediately before 1 July 1997 the Crown, the Queen or a public officer enjoyed a right (including a contingent right)—(a) to bring proceedings;(b) to appeal;(c) to apply for a review of a decision; or(d) to apply for a case to be stated,in or to any court, magistrate, statutory tribunal or statutory board such right shall on and after that date vest in the Government of the HKSAR or in the corresponding public officer of that Government, as the case may require.(2) Where immediately before 1 July 1997 any person enjoyed a right (including a contingent right) involving the Crown, the Queen or a public officer—(a) to bring proceedings;(b) to appeal;(c) to apply for a review of a decision; or(d) to apply for a case to be stated,in or to any court, magistrate, statutory tribunal or statutory board such right shall on and after that date continue to be enjoyed and shall be deemed to involve the Government of the HKSAR or the corresponding public officer, as the case may require. 17. Existing instruments All instruments (including warrants and summonses) that impose rights or obligations on any person, which were issued in the name of or on behalf of the Crown or the Queen or by a public officer shall, on and after 1 July 1997, continue to have effect and, as the case may require, be deemed to be issued in the name of or on behalf of the Government of the HKSAR or by the corresponding public officer in the HKSAR, as the case may be. 18. Civil proceedings Civil proceedings which immediately before 1 July 1997 could have been brought by or against the Government of Hong Kong in the name of the Attorney General may on and after that date be brought by or against, as the case may be, the Government of the HKSAR in the name of the Secretary for Justice. 19. Criminal proceedings Criminal proceedings which immediately before 1 July 1997 could have been brought by, in the name of or against the Crown may on and after that date be brought by, in the name of or against, as the case may be, the HKSAR. 20. Limitation periods Nothing in this Part shall be construed as extending any period of limitation within which any action or other proceeding must be brought. 21. Construction of judgments, etc. For the purpose of giving effect to the foregoing provisions of this Part and with effect on and from 1 July 1997 in any judgment, direction, penalty, decree, order, record or instrument given, imposed, issued or made before that date—(a) any reference to the Crown or the Queen (or to similar names or terms) shall—(i) in the case of a prosecution brought in the name of the Crown, be construed as a reference to the HKSAR; and(ii) in any other case, be construed as a reference to the Government of the HKSAR;(b) any reference to a public officer shall be construed as a reference to the corresponding public officer in the HKSAR; and(c) any reference to a court, magistracy, statutory tribunal or statutory board shall be construed as a reference to the corresponding court, magistracy, tribunal or board of the HKSAR. Part VII Continuity of Public Service 22. Continuance of public service (1) Subject to this Ordinance, the continuity of the public service and the powers and duties of public officers shall not be affected by the resumption of the exercise of sovereignty over Hong Kong by the People’s Republic of China.(2) The following provisions of this Part are without prejudice to the generality of the principle stated in subsection (1). 23. Continuance of office (1) Subject to subsection (2), a person who immediately before 1 July 1997 held office in the public service of Hong Kong shall on and after that date continue to hold the corresponding office in the public service of the HKSAR.(2) Subsection (1) shall not apply—(a) where the corresponding office in question is the office of a principal official; or(b) to a person who leaves the service on 30 June 1997 or starts his final leave on or before 1 July 1997.(3) All contracts of employment between the Government of Hong Kong and public officers in force immediately before 1 July 1997 which remain in force on and after that date shall on and after that date be regarded as contracts of employment with the Government of the HKSAR and in the case where an executive order relating to the public service made by the Chief Executive applies to a public officer his contract of employment is subject to the terms of that executive order. 24. Continuance of powers (1) Subject to subsection (2), all common law powers and statutory powers under Ordinances adopted as laws of the HKSAR which were vested in public officers, and extant immediately before 1 July 1997 (except for those that are inconsistent with the Basic Law), shall on and after that date continue in existence and vest in the corresponding public officers in the HKSAR.(2) Those prerogative powers (including rights, privileges and immunities) exercisable by a public officer immediately before 1 July 1997, except for those that are inconsistent with the Basic Law, shall on and after that date continue in existence, vest in the Chief Executive and be exercisable by the corresponding public officer in the HKSAR. 25. Previous acts (1) All acts done before 1 July 1997 by, to or in relation to a public officer under a common law power or a statutory power under an Ordinance adopted as a law of the HKSAR, shall on and after that date remain valid to the extent that they were valid immediately before that date and are not inconsistent with the Basic Law, and be deemed to have been done by, to or in relation to, as the case may be, the corresponding public officer in the HKSAR.(2) In subsection (1), acts done (作出的作為) includes acts delegating any powers and acts done in the exercise of a power by a delegate. 26. Delegations generally All powers and duties delegated to a public officer which were in force immediately before 1 July 1997 shall, where a corresponding power of delegation (whether express or implied) exists on and after that date, be deemed to have been delegated to the corresponding public officer in the HKSAR. 27. Delegations relating to land All delegations to a public officer of the power of the Governor to grant or dispose of land which were in force immediately before 1 July 1997 shall on and after that date continue in force and be deemed to be delegations to the corresponding public officer in the HKSAR of the power of the Chief Executive to lease or grant State land. 28. Other delegations by the Governor All delegations to a public officer of powers (other than those referred to in section 27) vested in or exercisable by the Governor which were in force immediately before 1 July 1997 shall, to the extent that similar powers are vested in or are exercisable by the Chief Executive, on and after that date continue in force and be deemed to have been made by the Chief Executive to the corresponding public officer in the HKSAR. Part VIII Documents 29. Documents not invalid (1) No document shall be held to be invalid or ineffectual only because it refers to the Crown, the Queen or the Government of Hong Kong or to a department or public officer of the Government of Hong Kong.(2) All documents issued or sold by the Government of Hong Kong or the Government of the HKSAR shall, subject to express provision to the contrary, on and after 1 July 1997 be construed as if—(a) any reference to the Crown, the Queen (or to similar names or terms), or to the Government of Hong Kong were a reference to the Government of the HKSAR;(b) any reference to a department or public officer of the Government of Hong Kong were a reference to the corresponding department or public officer, as the case may be, of the Government of the HKSAR. Part IX Government Property 30. Property of HKSAR Government (1) For the avoidance of doubt, it is declared that all property, rights and liabilities vested in or belonging to the Crown or the Government of Hong Kong immediately before 1 July 1997 have been on and from that date, subject to the Basic Law, vested in or transferred to the Government of the HKSAR. (2) All contracts, agreements, arrangements and undertakings entered into with and all securities given to or by the Crown or the Government of Hong Kong shall be deemed on and from 1 July 1997 to have been entered into with or given to or by, as the case may be, the Government of the HKSAR.(3) All contracts, agreements, arrangements, undertakings and securities referred to in subsection (2) shall, subject to express provision to the contrary, on and from 1 July 1997 be construed as if—(a) references to the Crown or the Government of Hong Kong were references to the Government of the HKSAR; and(b) references to a public officer were references to the corresponding public officer in the HKSAR.(4) All moneys including taxes, rents, fees and charges that immediately before 1 July 1997 were due or payable to the Crown or the Government of Hong Kong shall on and after that date become due or payable, as the case may be, to the Government of the HKSAR.(5) In this section—Crown (官方) means the Crown in right of the Government of Hong Kong. 31. Authorities established by the Hong Kong Government (1) Every authority established by the Government of Hong Kong which was in existence immediately before 1 July 1997 shall on and after that date continue in existence and be deemed to be an authority established by the Government of the HKSAR.(2) All property, rights and liabilities which immediately before 1 July 1997 were vested in or belonged to an authority established by the Government of Hong Kong shall on and from that date be vested in or transferred to the corresponding authority of the HKSAR.(3) All contracts, agreements, arrangements and undertakings entered into with and all securities given to or by an authority established by the Government of Hong Kong shall be deemed on and from 1 July 1997 to have been entered into with or given to or by, as the case may be, the corresponding authority of the HKSAR.(4) All contracts, agreements, arrangements, undertakings and securities referred to in subsection (3) shall, subject to express provision to the contrary, on and from 1 July 1997 be construed as if references to an authority established by the Government of Hong Kong or to an officer or employee of that authority were references to the corresponding authority or officer or employee thereof, as the case may be, of the HKSAR.(5) In this section—authority (當局) includes any advisory or other committee or body. 32. Lease or grant of land and natural resources The Chief Executive may on behalf of the Government of the HKSAR lease or grant land and natural resources within the HKSAR which are State property. Schedule 1 [s. 3]Bills Passed by the Provisional Legislative Council before 1 July 1997 in Anticipation of the Reunification 1. Holidays (1997 and 1998) Bill. 2. Urban Council (Amendment) Bill 1997. 3. Regional Council (Amendment) Bill 1997. 4. District Boards (Amendment) Bill 1997. 5. The Legislative Council Commission (Amendment) Bill 1997. 6. National Flag and National Emblem Bill. 7. Regional Flag and Regional Emblem Bill. 8. Societies (Amendment) Bill 1997. 9. Public Order (Amendment) Bill 1997. 10. Hong Kong Court of Final Appeal (Amendment) Bill 1997. 11. Judicial Service Commission (Amendment) Bill 1997. 12. Immigration (Amendment) (No. 3) Bill 1997. 13. Oaths and Declarations (Amendment) Bill 1997. Schedule 2 [s. 4]Endorsed Appointments of Judges 1. The appointment of Mr Andrew Li Kwok Nang as the first Chief Justice of the Court of Final Appeal. 2. The appointment of—(a) Mr Henry Denis Litton;(b) Mr Charles Ching; and(c) Mr Syed Kemal Bokhary,as the first three permanent judges of the Court of Final Appeal. 3. The appointment of Mr Patrick Chan Siu Oi as the first Chief Judge of the High Court.