APPENDIX III - HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC., APPLICABLE TO HONG KONG - minor amendment

APPENDIX III - HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC., APPLICABLE TO HONG KONG - minor amendment

APPENDIX III

HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC.,
APPLICABLE TO HONG KONG

1. The Order in Council regulating appeals from the Supreme
Court or Court of Appeal for Hong Kong to His Majesty in
Council, set out at page F 2, is amended-

(1)in rule 2(a), by repealing '$5,000' in both places where it
occurs and substituting '$500,000';

(2) by adding after rule 3-

3A. (1) The Court may, on such terms as it thinks
just, by order extend the period within which the
Applicant is required or authorized by Rule 3 to do any
act.

(2) The Court may extend any such period as is
referred to in paragraph (1) although the application for
extension is not made until after the expiration of that
period.

(3)in rule 4(a), by repealing '$15,000' and substituting '$200,000
in respect of each respondent'.

2. The Hong Kong Divorce Jurisdiction Order in Council 1935 is
amended in Article 3(c), set out at page V 2, by repealing 'the
Secretary of State for the Colonies' and substituting 'a Secretary of
State'.

3. The Emergency Powers Orders in Council 1939 to 1973 are
amended in the footnote, set out at page AF 1, by adding after item
(xix)--

(xx) Solomon Islands, 1978/783
(xxi) Kiribati, 1979/719

4. The Merchant Shipping Act 1979 (Hong Kong) Order 1980, set
out at pages AN 1 to AN 19, is amended-

(1)by adding in Article 2 thereof between the figures '19(1)' and
'50' the figure '31 ';

(2)by adding in the Schedule to the Order between section 19(1)
and section 50-

Miscellaneous
31. (1) In section 85 ofthe Merchant Shipping Act 1894(e) (which
relates to dues for space occupied by deck cargo) for subsection (3)
(which among other things makes provision about the way in which the
space is to be ascertained and recorded) there shall be substituted the
following subsection-





'(3) The Governor in Council may, by regulations, make
provision-
(a)as to the manner in which (including the persons by whom)
the tonnage of the space is to be ascertained, recorded and
verified;
(b)as to the occasions on which and the persons by whom and
to whom records of the said tonnage are to be produced;
(c)for a contravention of the regulations to be an ofrence
punishable on summary conviction by a fine not exceeding
5,000 Hong Kong dollars or such less sum as is prescribed
by the regulations;
(d)for such incidental and supplemental matters as the
Governor considers appropriate in connection with the
regulations,
and may make different provision by the regulations for different
circumstances.'.
(2) Accordingly in section 1(2)(c) of the Merchant Shipping Act
1965(a) (under which tonnage regulations may provide for the
ascertainment of the space to be taken into account for the purposes of
the said section 85 and may exempt any space from being taken into
account for those purposes) for the words from 'provide' to 'be' there
shall be substituted the words 'exempt any space from beinj, and the
words from 'and may' to 'those purposes' shall cease to have effect.

(3)in the Schedule to the Order in section 51(2) by adding between
the words 'contained in' and 'paragraph 4'-
section 5(2A) of the Merchant Shipping (Oil Pollution) Act 1971 (1971
c. 59; S.I. 1975/2169 as amended by S.I. 1981/220) or section 4(13) of the
Merchant Shipping Act 1974 (1974 c. 43; S.I. 1975/2169 as amended by
S.I. 1981/220) or

5. The Japanese Treaty of Peace Order 1952 is amended by
repealing Article 25, set out at page AP 11.

6. The Visiting Forces Act (Application to Colonies) Orders 1954
to 1962 are amended-

(1)in the heading and Article 1, set out at pages AZ 1 and AZ 2,
by repealing '1962' and substituting '1967';

(2) in the First Schedule, set out at page AZ 2-

(a)by adding 'Bahama Islands' and 'Colony of Seychelles'
after 'Ascension Islands';
(b)by adding 'The British Indian Ocean Territory' after
'Singapore' ;
(c)by adding 'Turks and Caicos Islands' after 'The
Sovereign Base Areas of Akrotiri and Dhekelia';

(3)in paragraph 13(1) of the Second Schedule, set out at page
AZ 7, by adding 'and, in relation to the Turks and Caicos
Islands, includes the Administrator' after 'Territory' in the
definition of 'Governor'.

7. The Emergency Powers (Amendment) Order in Council 1963
is amended by adding at the end of page BL 1 the following
footnote-





Revoked-
(i) Aden and Protectorate of South Arabia; Aden, Perim and Kuria Maria
Is. Act 1967 (c. 71);
(ii) Dominica, S.I. 1967/226;
(iii) Grenada, S.I. 1967/227;
(iv) Mauritius 0. 4.3.68;
(v) Saint Lucia, S.I. 1967/229.

8. The Carriage of Goods by Sea (Hong Kong) Order 1980 is
amended in section 1(2) of the Schedule, set out at page BS 2, by
adding after the word 'law'-

save that, for the definition of the term 'ship' in Article 1(d)of the said
Schedule, there shall be substituted the following:-

'Ship' means any vessel used for the carriage of goods by sea except any
vessel regularly employed in trading, or going, within the river trade
limits, and to which Part IV of the Shipping and Port Control Ordinance
(Laws of Hong Kong Revised Ed. 1978, Cap. 313) applies'.

9. The Overseas Solicitors (Admission) Order 1964, set out at
pages BW 1-BW 8, is amended-

(1) in Article 2 by adding after 'and to Western Australia'-

and to the Supreme Court of the Australian Capital
Territory and to the Australian Capital Territory and to
the Supreme Court of the Northern Territory and to the
Northern Territory

(2)in Article 3 by adding after 'the Supreme Court of Western
Australia'-

and of the Supreme Court of the Australian Capital
Territory and of the Supreme Court of the Northern
Territory

(3) in Schedule 1 by adding at the end of Part II-

Supreme Court Australian Capital Territory.

Supreme Court Northern Territory.

10. The United Kingdom Forces (Jurisdiction of Colonial Courts)
Order 1965 is amended-

(1)in the heading and Article 1 (2nd line), set out at page BY 1, by
adding 'and 1967' after '1965';

(2)in section 2(2), set out at page BY 1, by adding after
11 'Governor' ' the words 'in relation to Swaziland means Her
Majesty's Commissioner';

(3) by adding at the end of page BY 1-





Note:Ceased to have efrect as part of the law of Swaziland, S.I.
1968/1277.
Spent (as to Aden, Kamaran, Kuria Muria, Mauritus and Perim)
on repeal of enabling power by Fugitive Offenders Act 1967 (c.
68).

(4) by adding at the end of page BY 2-

Section 2(8) shall cease to have effect as part of the law of-
(a) Dominica;
(b) Grenada;
(c) St. Lucia.

11. The Arbitration (International Investment Disputes) Act 1966
(Application to Colonies etc.) Order 1967 is amended-

(1)in section 3(1), set out at page CF 1, by adding after the
definition of 'the Governor'-

Provided that in the case of Swaziland it means Her
Majesty's Commissioner for Swaziland.

(2) by adding at the end of page CF 2-

Note: Spent (as to Swaziland).

12. The Carriage by Air Acts (Application of Provisions) (Overseas
Territories) Order 1967 is amended in Part I of the Schedule, set out
at page CH 8,-

(a)in Article 22(1) for 'eight hundred and seventy-five
thousand francs' wherever it appears, there shall be
substituted ' 100,000 special drawing rights';

(b)in Article 22(2)(a) for 'two hundred and fifty francs' there
shall be substituted '17 special drawing rights';

(c)in Article 22(3) for 'five thousand francs' there shall be
substituted '332 special drawing rights';

(d) for Article 22(5) there shall be substituted-

(5)(a) The value on a particular day of one special drawing
right shall be treated as equal to such a sum in the relevant currency
as the International Monetary Fund have fixed as being the
equivalent of one special drawing right-
(i) for that day; or
(ii) if no sum has been so fixed for that day, for the last day
before that day for which a sum has been so fixed;
Provided that if the international Monetary Fund have not so fixed
a sum in the relevant currency, the value on a particular day of one
special drawing right shall be taken to be the equivalent of a sum in
the relevant currency stated in a certificate given in accordance with
sub-paragraph (b)(iii) of this paragraph.
(b) A certificate given by or on behalf of the Governor of an
Overseas Territory or by any person authorized by the Governor
for that purpose stating-





(i) that a particular sum in the relevant currency has been
fixed as aforesaid for a particular day; or
(ii) that no sum has been so fixed for a particular day and
that a particular sum in the rplevant currency has been so
fixed for a day which is the last day for which a sum has
been so fixed before the particular day; or
(iii) that a particular sum in the relevant currency is to be
taken as the equivalent of one special drawing right for a
particular day,
shall be conclusive evidence of those matters for the purposes of
this Article; and a document purporting to be such a certificate
shall in any proceedings be received in evidence and, unless the
contrary is proved, be deemed to be such a certificate.
(c) In this paragraph 'the relevant currency' means the
official currency of, or in use in, the Overseas Territory in which a
certificate referred to in sub-paragraph (b) of this paragraph is
given.

13. The Fugitive Offenders (Hong Kong) Order 1967, set out at
pages CK 1 -CK 12, is amended-

(1)in paragraph 3, by repealing 'Provided that nothing in those
sections and schedules shall apply in relation to Southern
Rhodesia';

(2) in the Schedule-

(a)in sections 4(1), 8(3), 8(4) and 9(1) by repealing 'the Full
Court or a judge of the Supreme Court' and substituting
'the High Court';

(b)in section 8(5) by repealing 'Full Court' and substituting
'Court of Appeal';

(c)in section 10(1) by repealing 'Supreme Court' and
substituting 'High Court';

(d)in section 19(1) by repealing the definitions of 'Full
Court' and 'Supreme Court' and by adding after the
definitions of 'Governor'-
'High Court means the High Court of Hong Kong;

(e)in section 19(2) by repealing paragraph (c) and sub-
stituting-
(c)in relation to the New Hebrides as references to the Resident
Commissioner in the New Hebrides;

14. The Hong Kong (Non-Domiciled Parties) Divorce Rules 1969
are amended-

(1)in rule 7(c), set out at page CU 2, by adding 'or Rule 5 or 6 of
the Matrimonial Causes Rules 1971' after 'Matrimonial
Causes Rules 1968(b)';

(2) by repealing rule 13, set out at page CU 4, and substituting---





13. Subject to the provisions of these Rules, all
proceedings under the Acts shall be regulated by the rules
regulating matrimonial causes in England and Wales, as in
force immediately before these Rules come into operation,
with such modifications as the circumstances may require:

Provided that, in the application of such rules to
Hong Kong, references therein to a divorce county court
and to the High Court shall be construed as references to
the Supreme Court of Hong Kong.

15. The Dumping at Sea Act 1974 (Overseas Territories) Order
1975 is amended in the footnote appearing in page DK 8 by
repealing the Schedule and substituting the following---



16. The Merchant Shipping (Oil Pollution) (Hong Kong) Order
1975 is amended-

(1) in Schedule 1 to the Order-

(a) in section 4, at page DL 3,-

(i) in subsection (1)(b) by repealing '2,000 gold francs'
and '210 million gold francs' and substituting respectively
933 special drawing rights' and 94 million special
drawing rights';

(ii) in the margin to subsection (3) by adding the
following---

Subsections (3) to (5) ceased to have effect-See S.I.
1981/220 (L.N. 127/81).

(b)in section 5, set out at page DL 3, by adding after
subsection (2)-





(2A) A payment into court of the amount of a
limit determined in pursuance of this section shall be
made in dollars and-
(a)for the purposes of converting such an
amount from special drawing rights into
dollars the Secretary for Monetary Affairs
may specify in dollars the respective
amounts which are to be taken as equivalent
for a particular day to the sums expressed in
special drawing rights in section 4 of this
Act;
(b)a certificate given by or on behalf of the
Secretary for Monetary Affairs in pursuance
of paragraph (a) above shall be conclusive
evidence of those matters for the purposes of
this Act;

(c)a document purporting to be such a
certificate shall, in any proceedings, be
received in evidence and, unless the contrary
is proved, be deemed to be such a certificate.

(c)in section 13, set out at page DL 6, by repealing subsection
(1);
(d)in section 14(2), set out at page DL 7, by repealing 'Article
V thereof ' and substituting-
Article V of the Convention as amended by Article II
of the protocol dated 19 November 1976 to the
Convention

(2) at the bottom of page DL 3, by repealing the asterisk and the
note following and substituting-

The Governor has specified HK$814.928 and HK$85,567,440.00 as
the amounts which shall be taken as equivalent to 2,000 gold
francs and 210 million gold francs respectively. (see L.N. 52 of
1979)

(3)in Schedule 2 to the Order, in section 6, set out at page DL 13,
by repealing subsection (1);

(4)at page DL 9, by adding an asterisk in the margin to paragraph
(7) and adding at the bottom of that pagew-

The Governor has specified HK$611.196, HK$50,933,000.00, HK5814.928
and HK585,567,440.00 as the amounts which shall be taken as equivalent
to 1,500 francs, 125 million francs, 2,000 francs
and 210 imillion francs respectively. (see L.N. 51 of 1979)

(5) by adding at the end of page DL 16-

The Governor has appointed the 1st March 1979 as the day on which the
Merchant Shipping Act 1974 (other than section 9) shall wine into force.
(See L.N. 53 of 1979)

17. The Bretton Woods Agreements Order in Council 1946, set out
at pages DO 1 -DO 4, is amended-

(1) in paragraph (b) of the proviso to Article 3, by adding after
'sold'





, except that the Fund and the Bank shall have relief,
under arrangements made by the Secretary of State, by
way of refund of car tax paid on any vehicles and value
added tax paid on the supply of any goods and services
which are necessary for the exercise of the official activities
of the Fund or the Bank, such relief to be subject to
compliance with such conditions as may be imposed in
accordance with the arrangements

(2)by repealing section 8 of Article IX of the Fund Agreement set
out in Part I of the Schedule.

18. The Air Navigation (Overseas Territories) Order 1977, set out
at page DP 179, is amended in Schedule 15 in regulation 10 of the
Air Navigation (General) Regulations by repealing all the countries
specified there except the United Kingdom.

19. The Copyright (International Conventions) Order 1979, set out
at pages DU I-DU 9, is amended-

(1) in Schedule 1, by adding-

(a) 'Liberia*' after 'Lebanon*';

(b)'United States of America* (including Guam, Panama
Canal Zone, Puerto Rico and the Virgin Islands of the
United States of Arnerica)' after 'Turkey';

(2)in Schedule 2, by repealing the references to Liberia and the
United States of America (and Guam, Panama Canal Zone,
Puerto Rico and the Virgin Islands of the United States of
America), and the date indicated in relation to each country.

20. The Prevention of Oil Pollution Act 1971 (Hong Kong) Order
1979, set out at pages EQ 1-EQ 4, is amended in the Schedule by
repealing section 13(4).
L.N. 93 of 1971 L.N. 235 of 1980 L.N. 329 of 1985 L.N. 235 of 1980 L.N. 93 of 1971 L.N. 235 of 1980 L.N. 329 of 1985 S.I. 1969/1060 S.I. 1984/356 (L.N. 225 of 1984) Dues for space occupied by deck cargo S.I. 1984/356 (L.N. 225 of 1984) (1894 c. 60) (1965 c. 47 & S.I. 1967/1764) S.I. 1981/425 (L.N. 288 of 1986) 1968 c. 32 S.I. 1967/1481 S.I. 1967/1481 S.I. 1967/1481 S.I. 1967/811 S.I. 1967/811 S.I. 1980/1954 (L.N. 285 of 1981) S.I. 1976/1155 S.I. 1976/1155 S.I. 1976/1155 S.I. 1967/243 S.I. 1967/243 S.I. 1967/226 Schedule 2 s. 106(2) S.I. 1967/227 Schedule 2 s. 113(2) S.I. 1967/229 Schedule 2 s. 106(2) S.I. 1967/249 S.I. 1984/701 (L.N. 179 of 1984) S.I. 1984/701 (L.N. 179 of 1984) L.N. 251 of 1982 L.N. 33 of 1976 L.N. 33 of 1976 L.N. 33 of 1976 L.N. 33 of 1976 L.N. 59 of 1977 S.I. 1972/774 Procedure generally S.I. 1972/774 L.N. 20 of 1977 L.N. 108 of 1982 L.N. 83 of 1986 L.N. 134 of 1986 S.I. 1981/220 (L.N. 127 of 1981) S.I. 1981/220 (L.N. 127 of 1981) S.I. 1197/85 (L.N. 127 of 1981) S.I. 1981/220 (L.N. 127 of 1981) S.I. 1197/85 (L.N. 330 of 1985) S.I. 1976/221 S.I. 1977/825 L.N. 348 of 1984 S.I. 1989/157 U.K. (L.N. 96 of 1989) 3 of 1989 s. 4(2)

L.N. 93 of 1971 L.N. 235 of 1980 L.N. 329 of 1985 L.N. 235 of 1980 L.N. 93 of 1971 L.N. 235 of 1980 L.N. 329 of 1985 S.I. 1969/1060 S.I. 1984/356 (L.N. 225 of 1984) Dues for space occupied by deck cargo S.I. 1984/356 (L.N. 225 of 1984) (1894 c. 60) (1965 c. 47 & S.I. 1967/1764) S.I. 1981/425 (L.N. 288 of 1986) 1968 c. 32 S.I. 1967/1481 S.I. 1967/1481 S.I. 1967/1481 S.I. 1967/811 S.I. 1967/811 S.I. 1980/1954 (L.N. 285 of 1981) S.I. 1976/1155 S.I. 1976/1155 S.I. 1976/1155 S.I. 1967/243 S.I. 1967/243 S.I. 1967/226 Schedule 2 s. 106(2) S.I. 1967/227 Schedule 2 s. 113(2) S.I. 1967/229 Schedule 2 s. 106(2) S.I. 1967/249 S.I. 1984/701 (L.N. 179 of 1984) S.I. 1984/701 (L.N. 179 of 1984) L.N. 251 of 1982 L.N. 33 of 1976 L.N. 33 of 1976 L.N. 33 of 1976 L.N. 33 of 1976 L.N. 59 of 1977 S.I. 1972/774 Procedure generally S.I. 1972/774 L.N. 20 of 1977 L.N. 108 of 1982 L.N. 83 of 1986 L.N. 134 of 1986 S.I. 1981/220 (L.N. 127 of 1981) S.I. 1981/220 (L.N. 127 of 1981) S.I. 1197/85 (L.N. 127 of 1981) S.I. 1981/220 (L.N. 127 of 1981) S.I. 1197/85 (L.N. 330 of 1985) S.I. 1976/221 S.I. 1977/825 L.N. 348 of 1984 S.I. 1989/157 U.K. (L.N. 96 of 1989) 3 of 1989 s. 4(2)

https://oelawhk.lib.hku.hk/items/show/3865

1964

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