TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 199

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Titles of Ordinances

19.

There are several Ordinances which include in their short or long titles the words "Crown lands" or "Crown leases". The proposed scheme of textual amendment would involve amending all such titles, and cross-references to such titles in other Ordinances. Occasionally, however, reference is made to an Ordinance which is now repealed or spent or has had its effect, and for which textual amendment would not be appropriate. An example is the repealed Crown Rights (Re-entry) Ordinance referred to in the long title to the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126). Rather than retain that title in the laws even as a residual historic fact, it would be possible to refer to the Ordinance by other ways e.g. by number and year of enactment or by its Cap. no. in the former edition of the laws. The Working Group RECOMMENDS that Ordinances whose titles contain the word 'Crown' but which would not be textually amended, should be referred to by number and calendar year, or by their former Cap. no., rather than by their short title.

Savings for rights of Crown

20.

Several Ordinances dealing with Crown land and Crown leases include provision to the effect that nothing in the Ordinance affects other rights of the Crown. Where those 'other rights' are clearly related to or derived from interests in land, it would be logical to substitute 'Government' for 'Crown' in that provision. Where such a provision clearly contemplates more general rights, such as rights in relation to the armed forces, or the public service, or foreign affairs, or court proceedings generally, then it is appropriate to leave the phrase "the Crown" to be amended in a later exercise, or at 1 July 1997. Where the provision is a borderline one, the amendment to "the Government" should be made, since such a saving would not extinguish any residual rights of "the Crown" (as distinct from "the Government") and all such references will need adapting sooner or later, unless they should clearly refer to "the State" after 1997.

21.

The Working Group therefore RECOMMENDS that savings clauses in respect of rights of "the Crown" should be amended to "the Government"

(a)

where they relate to land; and

(b)

in borderline cases unless they clearly refer to interests which after 1997 will be those of "the State".