Cap. 538 《1997年法律條文(暫時終止實施)條例》Legislative Provisions (Suspension of Operation) Ordinance 1997

生效中

版本日期: 2020-04-23

An Ordinance to provide for the suspension of operation of certain Ordinances and certain amendments effected to various Ordinances.

[18 July 1997]

(Format changes—E.R. 3 of 2020)

(Enacting provision omitted—E.R. 3 of 2020)

1. Short title

This Ordinance may be cited as the Legislative Provisions (Suspension of Operation) Ordinance 1997.

2. Suspension of operation of Hong Kong Bill of Rights (Amendment) Ordinance 1997

(1)

On and from the commencement⁺ of this Ordinance, the Hong Kong Bill of Rights Ordinance (Cap. 383) shall be read as if the amendments effected by the Hong Kong Bill of Rights (Amendment) Ordinance 1997 (107 of 1997)^# had not been enacted.

(2)

Subsection (1) shall cease to have effect on 31 October 1997 or such earlier date as the Secretary for Home Affairs appoints by notice in the Gazette and he may appoint different dates for the cessation of the effect of subsection (1) with respect to different provisions of the Hong Kong Bill of Rights Ordinance (Cap. 383).

(3)

The Provisional Legislative Council may by resolution made from time to time extend the period during which subsection (1) has effect.*

Editorial Note:

⁺	Commencement date: 18 July 1997.
^#	107 of 1997 amended Cap. 383 by adding section 3(3) and (4). That section was repealed by section 2 of the Hong Kong Bill of Rights (Amendment) Ordinance 1998 (2 of 1998) on 28 February 1998.
	The period during which subsection (1) has effect was first extended to 31 January 1998 by L.N. 498 of 1997, and then further extended to 28 February 1998 by L.N. 48 of 1998.

3. Suspension of operation of Trade Unions (Amendment) (No. 2) Ordinance 1997

(1)

On and from the commencement* of this Ordinance, the Trade Unions Ordinance (Cap. 332) shall be read as if the amendments effected by the Trade Unions (Amendment) (No. 2) Ordinance 1997 (102 of 1997) had not been enacted.

(2)

Subsection (1) shall cease to have effect on 31 October 1997^# or such earlier date as the Secretary for Education and Manpower appoints by notice in the Gazette and he may appoint different dates for the cessation of the effect of subsection (1) with respect to different provisions of the Trade Unions Ordinance (Cap. 332).

(3)

The Provisional Legislative Council may by resolution made from time to time extend the period during which subsection (1) has effect.

Editorial Note:

	Commencement date: 18 July 1997.
^#	On 31 October 1997, s. 3(1), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 12 of 135 of 1997.

4. Suspension of operation of Employee’s Rights to Representation, Consultation and Collective Bargaining Ordinance

(1)

The operation of the Employee’s Rights to Representation Consultation and Collective Bargaining Ordinance (Cap. 530) is suspended on and from the commencement* of this Ordinance.

(2)

On and from the commencement* of this Ordinance—

(a)

the Labour Tribunal Ordinance (Cap. 25);

(b)

the Employment Ordinance (Cap. 57); and

(c)

the Trade Unions Ordinance (Cap. 332),

shall be read as if the consequential amendments effected by the Employee’s Rights to Representation, Consultation and Collective Bargaining Ordinance (Cap. 530) had not been enacted.

(3)

Subsections (1) and (2) shall cease to have effect on 31 October 1997^# or such earlier date as the Secretary for Education and Manpower appoints by notice in the Gazette and he may appoint different dates for the cessation of the effect of subsection (1) or (2) with respect to different provisions of—

(a)

the Employee’s Rights to Representation, Consultation and Collective Bargaining Ordinance (Cap. 530);

(b)

the Labour Tribunal Ordinance (Cap. 25);

(c)

the Employment Ordinance (Cap. 57); or

(d)

the Trade Unions Ordinance (Cap. 332).

(4)

The Provisional Legislative Council may by resolution made from time to time extend the period—

(a)

of suspension referred to in subsection (1); and

(b)

during which subsection (2) has effect.

Editorial Note:

	Commencement date: 18 July 1997.
^#	On 31 October 1997, s. 4(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 14(2) of 135 of 1997.

5. Suspension of operation of Employment (Amendment) (No. 4) Ordinance 1997

(1)

On and from the commencement* of this Ordinance, the Employment Ordinance (Cap. 57) shall be read as if the amendments effected by the Employment (Amendment) (No. 4) Ordinance 1997 (98 of 1997) had not been enacted.

(2)

On and from the commencement* of this Ordinance, the Labour Tribunal Ordinance (Cap. 25) shall be read as if the consequential amendments effected by the Employment (Amendment) (No. 4) Ordinance 1997 (98 of 1997) had not been enacted.

(3)

(4)

The Provisional Legislative Council may by resolution made from time to time extend the period during which subsection (1) or (2) has effect.

Editorial Note:

	Commencement date: 18 July 1997.
^#	On 31 October 1997, s. 5(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 4(2) of 135 of 1997.

6. Effect of this Ordinance

Any act done under—

(a)

the Hong Kong Bill of Rights (Amendment) Ordinance 1997 (107 of 1997);

(b)

the Trade Unions (Amendment) (No. 2) Ordinance 1997 (102 of 1997);

(c)

the Employee’s Rights to Representation, Consultation and Collective Bargaining Ordinance (Cap. 530)^#; or

(d)

the Employment (Amendment) (No. 4) Ordinance 1997 (98 of 1997),

shall remain valid to the extent that it was valid immediately prior to the commencement* of this Ordinance as if this Ordinance had not been enacted.

Editorial Note:

^#	Repealed — see 135 of 1997 s. 13.
	Commencement date: 18 July 1997.