Cap. 552 《提供市政服務(重組)條例》Provision of Municipal Services (Reorganization) Ordinance

This Ordinance may be cited as the Provision of Municipal Services (Reorganization) Ordinance.

(Omitted as spent—E.R. 6 of 2021)

All property, rights and liabilities of the Councils are vested in the Government as from the appointed day by virtue of this subsection.

Nothing in this Ordinance affects the validity of anything done by or in relation to a Council before the appointed day.

Anything which immediately before the appointed day is in the process of being done by or in relation to a Council may be continued to the extent that it is consistent with this Ordinance and in accordance with the provisions of this Ordinance.

Any agreement, arrangement or contract made or entered into or transaction effected or other thing done by, to or in relation to a Council which is in force or effective immediately before the appointed day or which is to take effect on or after that day has effect as from that day as if made, entered into, effected or done by, to or in relation to the Government to the extent that it is consistent with this Ordinance.

Accordingly, references to a Council—

are taken as from the appointed day as referring to the Government in whatever terms as may be appropriate in the circumstances and to the extent that it is consistent with this Ordinance.

The Government may be sued for the liabilities to which it is subject under section 4 and they may be recovered from the Government.

The Government may sue on, recover or enforce a chose in action vested in it under section 4 without having to give notice of the transfer to a person bound by the chose in action.

The record of property of a Council immediately before the appointed day that is in the form of an entry in the books of a bank, company or other corporation is to be transferred in those books to the Government on the request of the Government, by the bank, company or other corporation.

The legal claims including present, future, actual and contingent claims by or against a Council, including any accrued right of appeal, judicial and administrative proceedings instituted by or against a Council that existed immediately before the appointed day do not abate by reason of the repeal under section 3. They may be continued or enforced by or against the Government.

The guarantees and indemnities given by a Council become and are the liability of the Government. The guarantees and indemnities given to a Council become and are the property of the Government.

Any delegation or authorization made by a Council under an Ordinance repealed under section 3, in force immediately before the appointed day, is to continue in force to the extent that it is consistent with this Ordinance and in so far as it is necessary to continue its effect after the appointed day.

An enactment mentioned in column 2 of Schedule 1 is to be known by the title specified opposite to it in column 3 of that Schedule and accordingly the titles of subsidiary legislation made under the Public Health and Municipal Services Ordinance (Cap. 132) specified in that column 2 are repealed and the titles specified opposite to them in that column 3 substituted therefor.

The subsidiary legislation made under the Public Health and Municipal Services Ordinance (Cap. 132) mentioned in column 2 of Schedule 2 are repealed.

Any enactment mentioned in column 3 of Schedule 2 in relation to an enactment repealed under subsection (2) applies to and in relation to matters to which the repealed enactment applied immediately before the repeal and is taken to have replaced the repealed enactment.

The Public Health and Municipal Services Ordinance (Cap. 132) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 3.

The Municipal Services Appeals Boards Ordinance (Cap. 220) is amended to the extent and in the manner set out in Schedule 4.

The Dutiable Commodities Ordinance (Cap. 109) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 5.

The Places of Public Entertainment Ordinance (Cap. 172) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 6.

The enactments mentioned in Schedule 7 are amended to the extent and in the manner set out in that Schedule.

Section 7 does not affect the validity of anything lawfully done by or in relation to a former authority before the commencement date.

The following applies without limiting the operation of subsection (1) and to the extent that it is consistent with this Ordinance—

Where this Ordinance operates to—

subsidiary legislation (including an enactment replaced under section 7(3)) made or deemed to be made by the former authority in the exercise of that power or under that provision and in force immediately before the commencement date continues to be in force subject to the amendments made by this Ordinance (if a new title is given by this Ordinance to the subsidiary legislation, by that title), and to the extent that it is consistent with this Ordinance, as if made by the new authority in the exercise of the power conferred on the new authority to make subsidiary legislation on that matter or under that new provision, as the case may be, and may be amended, repealed or replaced by the new authority or under that new provision.

Where this Ordinance—

the fees or charges in force immediately before that date continue to be in force as if—

and may be varied, amended, revoked or replaced by the new authority or under that new provision.

For the avoidance of doubt it is stated that the validity of a fee or charge continued in force under subsection (2) as a prescribed fee is not affected by it not being in the required form, until it is varied, amended or replaced by the new authority or under the new provision referred to in that subsection.

All proceedings in respect of offences committed or alleged to be committed against an enactment repealed by this Ordinance (including an enactment mentioned in column 2 of Schedule 2), before the repeal came into effect, may be commenced or continued as if this Ordinance had not been enacted.

Where an offence, for the continuance of which a penalty was provided under any enactment repealed by this Ordinance (including an enactment mentioned in column 2 of Schedule 2), proceedings may be commenced under the enactment which corresponds to it, if any, in respect of the continuance of that offence in the same manner as if the offence had been committed under the corresponding enactment.

The Chief Executive in Council may, by order published in the Gazette, make such consequential amendments to any enactment or provisions of a transitional or savings nature as are necessary for the better carrying out of the provisions of this Ordinance.

An order under subsection (1) may be made before or after the appointed day and provide for any provision of the order to take effect on a date earlier than the date of publication of the order but not earlier than the appointed day.

To the extent to which a provision in an order under this section takes effect on a date earlier than the date of publication of the order, the provision does not operate so as—

An order under this section is subject to the approval of the Legislative Council.