WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IJHKGID121 Add.4 
IP/N/IJHKG/P/3/Add.5 
IP/N/IJHKG/T/4/Add.1 
1 December 2005 
(05-5739) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
HONG KONG, CHINA 
Addendum 
The present document reproduces the text' of the Statute Law (Miscellaneous Provisions) 
Ordinance 2005 (Ord. No. 10 of 2005), as notified by Hong Kong, China under Article 63.2 of the Agreement 
(see document IPINIIIHKGIl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIEn'!: INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Addendum 
Le present document contient Ie texte' de l'Ordonnance de 2005 modifiant Ie droit (Dispositions 
diverses) (Ord. n° 10 de 2005), notifiee par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir Ie 
document IPINIlIHKG/12). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFo 2 DEL ARTiCULO 63 DEL ACUERDO 
HONG KONG, CHINA 
Addendum 
En el presente documento se reproduce el texto' de la Orden sobre la Ley Estatutaria (Disposiciones 
Diversas), de 2005 (Orden N° 10 de 2005), que Hong Kong, China ha notificado en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPIN11/HKGIl2). 
, In English only.lEn anglais seulement.lEn ingles solamente. IP INIlIHKGID/2/ Add.4 
IPIN/IIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/ Add. 1 
Page 2 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A149 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) ORDINANCE 2005 
CONTENTS 
Section Page 
PART 1 
PRELIMINARY 
1. Short title ................................................................................ A195 
2. Commencement 
PART 2 
AMENDMENTS RELATING TO THE TRANSFER OF 
FUNCTIONS AND POWERS 
Division 1-To transfer to the Secretary for the Civil Service 
certain functions of the Chief Secretary for Administration 
. relating to the pensions of public officers 
Widows and Orphans Pension Qrdinance A195 
3. Contributors to other schemes ................................................ A197 
Pension Benefits Ordinance 
4. Power to amend Schedule ....................................................... A197 
Division 2-To transfer to the Director of the Chief 
Executive's Office the function of the Chief 
Secretary for Administration to administer 
the Oath of Secrecy to the Clerk and 
Deputy Clerk to the Executive Council 
Oaths and Declarations Ordinance 
5. Oaths of Clerk and Deputy Clerk to the Executive Council ... A197 IP/NI1 IHKGID121 AddA 
IP/NI 1 IHKGIP13 I Add.5 
IPlNilIHKG/T/4/Add.1 
Page 3 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A151 
Section 
Division 3-To transfer to the Administrative Appeals Board 
the function of the Chief Executive in Council to determine 
appeals under the Medical Clinics Ordinance 
Medical Clinics Ordinance Page 
6. Right of appeal ....................................................................... A199 
Administrative Appeals Board Ordinance 
7. Schedule amended .................................................................. A199 
8. Division 4--To transfer to the Chief Judge from the Chief 
Justice the chairmanship of certain Rules Committees 
High Court Ordinance 
Rules Committee 
Criminal Procedure Ordinance A199 
9. Rules and orders as to practice and procedure ....................... A201 
District Court Ordinance 
10. District Court Rules Committee ............................................. A201 
Division 5-To transfer to the Chief Judge certain rule­
making and related powers of the Chief Justice under 
. certain Ordinances 
High Court Ordinance 
11. Rules concerning deposit, etc. of moneys, etc. in High Court A201 
Matrimonial Causes Ordinance 
12. Hearing of petition ................................................................. A203 IP/N/l/HKG1D121 Add A 
IP/N/l/HKG/P/31 Add.5 
IP/N/l/HKG/T/4/Add.l 
Page 4 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A153 
Section Page 
13. Rules ....................................................................................... A203 
14. Rules ....................................................................................... A203 
Matrimonial Causes Rules 
15. Practice to be observed in District Court ............................... A203 
Criminal Procedure Ordinance 
16. Chief Judge to make rules ...................................................... A203 
17. Application for dismissal of charges contained in a notice of 
transfer ................................................................................ A203 
District Court Ordinance 
18. Suitors' Funds Rules ...... ......................... ....... ..... ...... ... ........... A205 
Evidence (Miscellaneous Amendments) Ordinance 2003 
19. Part added A205 
Saving Provisions 
20. Saving provisions ........................... ......... ...... ............ ... ....... .... A205 IPIN/IIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKGIT/4/ Add. 1 
Page 5 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A155 
Section 
PART 3 
AMENDMENTS RELATING TO THE CHANGE OF NAME, THE 
ENHANCEMENT OF OPERATIONAL EFFICIENCY AND 
THE REFINEMENT OF STATUTORY PROVISIONS 
Division 1-To change the Chinese name of the Convocation 
of The Chinese University of Hong Kong 
from "~aft" to "~~~aft" 
The Chinese University of Hong Kong Ordinance Page 
21. Definitions.............................................................................. A209 
22. Provision for Council, Senate and Convocation..................... A209 
23. Composition and function of the Convocation .. ...... .............. A209 
24. Statutes ................................................................................... A209 
25. Members of the University..................................................... A209 
26. The Council ............................................................................ A209 
27. 
28. The Convocation 
Saving Provision 
Saving provision 
Consequential Amendments 
Prevention of Bribery (Exclusion of Bodies and Members of 
Bodies of Educational Institutions) Notice A211 
A211 
29. First Schedule amended .......................................................... A213 
Sex Discrimination Ordinance 
30. Educational establishments and their responsible bodies ....... A213 IPINIIIHKGID121 AddA 
IPINIlIHKG/P/3I Add.5 
IPINI1 IHKG/T/4/Add. 1 
Page 6 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Section Ord. No. 10 of 2005 
. Family Status Discrimination Ordinance A157 
Page 
31. Educational establishments and their responsible bodies A2l3 
Division 2-To enhance the powers and operational efficiency 
of the Legal Aid Services Council 
Legal Aid Services Council Ordinance 
32. Section added 
4A. Power of the Council ................................................. A2l3 
33. Section added 
5A. Staff of the Council ................................................... A2l5 
34. Reports .' .................................................................................. A2l5 
Division 3-To refine certain provisions in the Trade Marks 
Ordinance to reflect the original intention 
of those provisions 
Trade Marks Ordinance 
35. Claim to priority ..................................................................... A2l5 
36. Alteration of registered trade mark ........................................ A2l5 
Division 4--To amend the definition of 
"deception" in the Theft Ordinance 
Theft Ordinance 
37. Obtaining property by deception ............................................. A2l5 IPINIlIHKGID121 Add.4 
IPINI 1 IHKGIP131 Add.5 
IPINI1 IHKG/T/41 Add. 1 
Page 7 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A159 
Section 
Division 5-To require consent for the prosecution of 
conspiracies to commit offences regarding which 
consent to prosecution is necessary 
Crimes Ordinance Page 
38. Restrictio'n on the institution of proceedings .......................... A217 
Division 6--To prohibit a person who is required to surrender 
his travel document from leaving Hong Kong, etc. 
Dangerous Drugs Ordinance 
39. Surrender of travel document ................................................. A217 
40. Section added 
53C. Application for permission to leave Hong Kong ...... A219 
Prevention of Bribery Ordinance 
41. Surrender of travel document ................................................. A221 
42. Return of travel documents A223 
43. Section added 
17BA. Permission to leave Hong Kong ................................ A225 
44. Further provisions relating to security, appearance, etc. ........ A227 IPINIlIHKG/D/2/ Add A 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKGIT/4/ Add. 1 
Page 8 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
. ORDINANCE 
Section Ord. No. 10 of 2005 
Division 7-To empower the courts to award costs to the 
defendant or prosecutor on the other party's unsuccessful 
application for a certificate under the Hong Kong 
Court of Final Appeal Ordinance 
Costs in Criminal Cases Ordinance 
45. Section added 
9B. Defence costs on unsuccessful application by 
prosecutor for a certificate of Court of Appeal or A161 
Page 
Court of First Instance .......................................... A227 
46. Section added 
13B. Prosecution costs on unsuccessful application by 
defendant for a certificate of Court of Appeal or 
Court of First Instance .......................................... A229 
Division 8-To repeal provisions in certain Ordinances 
. providing that the decision of the Court of 
Appeal on an appeal is final 
Professional Accountants Ordinance 
47. Appeals ..................................................... " .............................. A229 
Related Amendments 
48. Interpretation.. ......... ...... ...... ............. ............... ...... .......... ....... A229 
49. Removal from register of certain persons ............................... A233 
50. Qualification for registration of company as corporate 
practice .... ....... .................. ... ... ...... ............. ...... .................... A233 
51. Disciplinary powers of Disciplinary Coinmittee ..................... A233 
52. Provisions relating to orders of the Disciplinary Committee A235 
Dentists Registration Ordinance 
53. Appeals ................................................................................... A235 IPINIlIHKGID/2/ Add A 
IPIN/IIHKG/P/3/ Add.S 
IPIN/IIHKG/T/4/ Add. 1 
Page 9 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A163 
Section Page 
Related Amendments 
54. Interpretation.. ....................................................... ........... ...... A235 
55. Disciplinary inquiries by the Council..................................... A239 
56. Provisions relating to orders of the Council ........................... A239 
Legal Practitioners Ordinance 
57. Appeal and saving .................................................................. A239 
58. Appeal to Court of Appeal ..................................................... A239 
Related Amendments 
59. Publication of findings of Solicitors Disciplinary Tribunal .... A239 
Medical Registration Ordinance 
60. Appeals against orders of the Council .................................... A243 
Related Amendments 
61. Interpretation ........................................... : .............................. A243 
62. Disciplinary powers of Council .............................................. A247 
63. Powers of Council in relation to fitness to practise of medical 
practitioners ........................................................................ A247 
64. Orders of the Council ............................................................. A247 
Midwives Registration Ordinance 
65. Appeals ................................................................................... A249 
Related Amendments 
66. Interpretation .......................................................................... A249 
67. Disciplinary powers of Council A251 IP/N/1IHKGIDI2/ AddA 
IP/N/1IHKG/P/3/ Add.5 
IP/N/1IHKGfT/4/ Add.1 
Page 10 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A165 
Section Page 
68. Provisions relating to orders of Council ................................. A253 
69. Appeals ................................................................................... A253 
Nurses Registration Ordinance 
70. Appeals ....................... .................... ........................................ A253 
Related Amendments 
71. Interpretation ................................................... ......... .............. A253 
72. Disciplinary powers of the Council ........................................ A257 
73. Provisions relating to orders of the Council ........................... A257 
74. Appeals ................................................................................... A257 
Supplementary Medical Professions Ordinance 
75. Appeals to Court of Appeal .................................................... A257 
Related Amendments 
76. Interpretation .......................................................................... A257 
77. Disciplinary powers of board ................... :............. ...... ........... A261 
78. Provisions relating to decisions and orders of boards A261 
Architects Registration Ordinance 
79. Appeal to Court of Appeal ..................................................... A261 
Related Amendments 
80. Interpretation .................... ...................................................... A263 
81. Removal of name from the register ........................................ A265 
82. Service of orders of inquiry committee ................................... A265 
83. Publication of disciplinary orders ........................................... A267 STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIlIHKGID/2/ AddA 
IPIN/IIHKGJP/3/ Add.S 
IPIN/IIHKG/T/4/Add.l 
Page 11 
Ord. No. 10 of 2005 A167 
Section Page 
84. Appeal to Court of Appeal............... ...... ................. .... ........... A267 
Engineers Registration Ordinance 
85. Appeal to Court of Appeal ..................................................... A267 
Related Amendments 
86. Interpretation.............. ... ...... ................ ......... .................. ........ A267 
87. Removal of name from the register ........................................ A271 
88. Service of orders of inquiry committee ................................... A271 
89. Publication of disciplinary orders ........................................... A271 
90. Appeal to Court of Appeal ................. ;................................... A273 
Surveyors Registration Ordinance 
91. Appeal to Court of Appeal ..................................................... A273 
Related Amendments 
92. Interpretation ............................................ ';............................. A273 
93. Removal of name from the register ........................................ A277 
94. Service of orders of inquiry committee ................................... A277 
95. Publication of disciplinary orders ........................................... A277 
96. Appeal to Court of Appeal ................ ............ ........ ......... ........ A279 
Planners Registration Ordinance 
97. Appeal to Court of Appeal ..................................................... A279 
Related Amendments 
98. Interpretation .......................................................................... A279 
99. Removal of name from the register ;....................................... A283 IPINIlIHKGID121 Add A 
IPINIlIHKGIP131 Add.5 
IPINIlIHKG/T/4/Add.1 
Page 12 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A169 
Section Page 
100. Service of orders of inquiry committee ................................... A283 
101. Publication of disciplinary orders ........................................... A283 
102. Appeal to Court of Appeal ...... ............................................... A283 
Land Survey Ordinance 
103. Appeal from decisions of the Committee ............................... A285 
104. Appeals from decisions or orders of the Disciplinary Board .. A285 
Related Amendments 
105. Removal of name from the register ........................................ A285 
106. Reinstatement of name after removal..................................... A285 
107. Publication of disciplinary orders ........................................... A285 
108. Appeals from decisions or orders of the Disciplinary Board.. A289 
Social Workers Registration Ordinance 
109. Appeal to Court of Appeal..................................................... A291 
Related Amendments 
110. Interpretation .......................................................................... A291 
111. Removal of name from Register ............................................. A293 
112. Service and implementation of disciplinary orders ................. A293 
113. Publication of disciplinary orders ........................................... A293 
Landscape Architects Registration Ordinance 
114. Appeal to Court of Appeal ..................................................... A295 
Related Amendments 
115. Interpretation .......................................................................... A295 STATUTE LAW' (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIlIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.S 
IPINIlIHKG/T/4/ Add. 1 
Page 13 
Ord. No. 10 of 2005 Al71 
Section Page 
116. Removal of name from the register ........................................ A299 
117. Service of orders of inquiry committee ................................... A299 
118. Publication of disciplinary orders ........................................... A299 
119. Appeal to Court of Appeal ..................................................... A299 
Chinese Medicine Ordinance 
120. Appeals against orders of Practitioners Board ....................... A301 
Related Amendments 
121. Interpretation .......................... , ............................................... A301 
122. Disciplinary powers of Practitioners Board ............................ A305 
123. Publication of orders .............................................................. A305 
Housing Managers Registration Ordinance 
124. Appeal to Court of Appeal ..................................... ; ............... A305 
Related Amendments 
125. Interpret~tion .......................................................................... A305 
126. Removal of name from the register ........................................ A309 
127. Service of orders of inquiry committee ................................... A309 
128. Publication of disciplinary orders ...................... ...... ........ ....... A309 
129. Appeal to Court of Appeal................................ ..................... A311 IPINI1 IHKGID121 Add A 
IP INI1 IHKGIP131 Add.5 
IPINIlIHKG/T/41 Add. 1 
Page 14 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Section 
PART 4 Ord. No. 10 of 2005 
AMENDMENTS RELATING TO JUDICIAL OFFICERS 
Division 1-To require disclosure of interest in the 
selection process of judicial officers 
Judicial Officers Recommendation Commission Ordinance A173 
Page 
130. Judicial Officers Recommendation Commission .................... A311 
Division 2-To update the list of judicial offices in the Judicial 
Officers Recommendation Commission Ordinance 
Judicial Officers Recommendation Commission Ordinance 
131. Judicial office .......................................................................... A313 
Division 3-To make provisions or further provisions for the 
professional qualifications of certain judicial officers 
High Court Ordinance, 
132. Professional qualifications of judges ....................................... A313 
133. Registrar of High Court A317 
134. Sections added 
37 AA. Professional qualifications of Registrar, senior deputy 
registrars, deputy registrars and assistant registrars A317 
37 AB. Appointment of temporary registrar ......................... A325 
37 AC. Appointment of temporary senior deputy registrars A327 
135. Appointment of temporary deputy registrars ......................... A327 
136. Appoint1T,l.ent of temporary assistant registrars ...................... A327 STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP/N/IIHKGID/2/ Add A 
IP/N/IIHKG/P/3/ Add.5 
IP/N/IIHKG/T/4/Add.l 
Page 15 
Ord. No. 10 of 2005 A175 
Section Page 
137. Powers of temporary registrar, etc. in case which is part-heard 
on termination of appointment ........................................... A329 
Lands Tribunal Ordinance 
138. Section substituted 
4. Constitution of Tribunal A329 
139. Appointment and powers of temporary members .................. A333 
Labour Tribunal Ordinance 
140. Section added 
4A. ~rofessional qualifications of presiding officers A333 
141. Appointment of deputy presiding officers .............................. A335 
Magistrates Ordinance 
142. Sections added 
5AA. Professional qualifications of permanent magistrates A335 
5AB. Professional qualifications of special magistrates ...... A337 
143. Appointment of deputy magistrates ....................................... A339 
District Court Ordinance 
144. Professional qualifications of District Judges ......................... A341 
145. Appointment of deputy District Judges .................................. A343 
146. Officers of the Court ............................................................... A343 
147. Sections added 
14AA. Professional qualifications of Registrar, deputy 
registrars and assistant registrars ........................... A343 
14AB. Appointment of temporary registrar ......................... A347 
148. Appointment of temporary deputy registrars ......................... A347 IP/N/1IHKGID/2/ Add A 
IP /N/1IHKG/P/3/ Add.S 
IP/N/1IHKG/T/4/ Add. 1 
Page 16 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Section Ord. No. 10 of 2005 
149. Appointment of temporary assistant registrars 
150. Powers of temporary registrar, etc. in case which is part-heard Al77 
Page 
A347 
on termination of appointment ........................................... A347 
Small Claims Tribunal Ordinance 
151. Appointment of adjudicators .................................................. A349 
152. Section added 
4AA. Professional qualifications of adjudicators ................ A349 
153. Appointment and powers of deputy adjudicators .................. A351 
Hong Kong Court of Final Appeal Ordinance 
154. Chief Justice ............................................................................ A351 
155. Professional qualifications of judges ....................................... A351 
156. Tenure of office .... ...... ......... ....... ......... ... ............... ................. A353 
157. The Registrar ...................................... ~ ................................... A353 
Coroners Ordinance 
158. Appointment of coroners ......................... .' .............................. A353 
159. Section added 
3AA. Professional qualifications of coroners ..... ...... ........... A353 
160. Appointment of deputy coroners ............................................ A355 
Saving Provisions 
161. Saving provisions .................................................................... A355 
Consequential Amendments 
Interpretation and General Clauses Ordinance 
162. Interpretation of words and expressions ................................. A357 IPINIlIHKGID121 Add A 
IPINI1 IHKG1P13/Add.5 
IPINIlIHKGIT141 Add. 1 
Page 17 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A179 
Section Page 
Jury Ordinance 
163. Exemptions from service ......................................................... A357 
High Court Ordinance 
164. Interpretation .......................................................................... A357 
The Rules of the High Court 
165. Definitions .............................................................................. A359 
166. Interpretation ................................. ......................................... A359 
Bankruptcy Ordinance 
167. Interpretation.................... ...................................................... A359 
168. Jurisdiction of Registrar ......................................................... A359 
Bankruptcy Rules 
169. Interpretation .......................................................................... A359 
Probate and Administration Ordinance 
170. Interpretation .......................................................................... A361 
171. Registrar to be Official Administrator.................................... A361 
Companies Ordinance 
172. Jurisdiction of Registrar ......................................................... A361 
Companies (Winding-up) Rules 
173. Interpretation of terms ........................................................... A361 IPINIlIHKG/D/2/ Add.4 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/ Add. 1 
Page 18 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 
Section 
Companies (Disqualification of Directors) 
Proceedings Rules Al81 
Page 
174. Interpretation .......................................................................... A363 
Legal Practitioners Ordinance 
175. Interpretation .......................................................................... A363 
176. Costs Committee ........... ......................................................... A363 
Maintenance Orders (Reciprocal 
Enforcement) Ordinance 
177. Interpretation.......................................................................... A363 
Criminal Procedure Ordinance 
178. Interpretation .......................................................................... A365 
179. Rules and orders as to practice and procedure ....................... A365 
The Rules of the District Court 
180. Interpretation ........................................... ;'.............................. A365 
Partition Ordinance 
181. Memorandum for stay of proceedings .................................... A365 
Pension Benefits (Judicial Officers) Ordinance 
182. Normal retirement age ............................................................ A365 
Occupational Retirement Schemes Ordinance 
183. Exercise of the powers of the court .. ...................................... A367 IPINIlIHKGID/2/ AddA 
IPIN/1IHKG/P/3/ Add.S 
IPIN/1IHKG/T/4/Add.1 
Page 19 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A183 
Section 
PART 5 
AMENDMENTS RELATING TO LEGAL EDUCATION 
AND LEGAL PRACTITIONERS 
Division I-To include representatives of The Chinese 
University of Hong Kong in the Standing 
Committee on Legal Education 
and Training 
Legal Practitioners Ordinance Page 
184. Standing Committee on Legal Education and Training ......... A367 
Division' 2-To clarify the power of the Council of The Law 
Society of Hong Kong to make rules for solicitors 
Legal Practitioners Ordinance 
185. Power of the Council to make rules ....................................... A369 
186. Indemnity rules ....................................................................... A369 
PART 6 
MINOR AMENDMENTS 
Division I-To remove the references to certain amending 
provisions that are no longer necessary 
Securities (Margin Financing) (Amendment) Ordinance 2000 
187. Consequential amendment of other Ordinances ..................... A369 
, Securities (Amendment) Ordinance 2000 
188. Regulations ............................................................................. A371 IP/N/l/HKGID121 Add.4 
IP/N/l/HKG/P/31 Add.5 
IP/N/l/HKG/T/4/Add.l 
Page 20 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Section Ord. No. 10 of 2005 
Intellectual Property (Miscellaneous Amendments) 
Ordinance 2001 A185 
Page 
189 "ffi· 1 . 1" b· d ~ "G" A371 . 0 lCla Journa su stltute lor azette ........................... . 
190 "ffi' 1 . 1" b' d ~ "G" A371 . 0 lCla Jouma su stltute lor azette ........................... . 
Securities and Futures Ordinance 
191. Savings, transitional, consequential and related provisions, etc. A371 
Division 2-To achieve internal consistency in terminology and 
consistency between the Chinese and English texts 
of certain Ordinances 
Landlord and Tenant (Consolidation) Ordinance 
192. Fraudulent removal of property by tenant ............................. A371 
Import and Export Ordinance 
193. Restriction on carriage, etc. of prescribed articles in Hong 
Kong waters ........................................................................ A373 
Pensions Ordinance " 
194. Pension or allowance may be suspended on certain post-
195. retirement employment ..... ...... .......... ........... ......... ... ....... .... A373 
Pensions Regulations 
Additional pension in respect of war service 
Immigration (Refugee Status Review Boards ) (procedure) 
Regulations A373 
196. The representative of the applicant ......................................... A373 
Summary Offences Ordinance 
197. Nuisances committed in public places, etc. ............................. A375 IP/N/l/HKGID/2/ AddA 
IP/N/1/HKG/P/3/ Add.S 
IP/N/l/HKGIT/4/ Add. 1 
Page 21 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
, ORDINANCE Ord. No. 10 of 2005 A187 
Section 
International Organizations (privileges and Immunities) 
Ordinance Page 
198. Application of national laws ................................................... A375 
Securities and Futures Ordinance 
199. Rules by Commission ............................................................. A375 
200. Circumstances in which duty of disclosure arises ................... A375 
201. Notification of family and corporate interests and short 
positions by director and chief executive ............................ A375 
202. Notification to be given by director and chief executive ........ A377 
203. . Interpretation and general provisions ..................................... A377 
204. Exchange companies, clearing houses and exchange 
controllers ........................................................................... A377 
Division' 3-To replace the English title of the Shipping and 
Port Control Regulations in an Ordinance with its 
Chinese title 
Merchant Shipping (Seafarers) Ordinance 
205. Interpretation .......................................................................... A377 
Division 4--To rectify errors in the references in certain 
provisions to other provisions 
Air Transport (Licensing of Air Services) Regulations 
206. Public and private inquiries .................................................... A377 
207. Forms ..................................................................................... A379 IP /NIlIHKGIDI2/ Add A 
IP/N/IIHKG/P/3/ Add.S 
IP/N/IIHKGfT/4/ Add. 1 
Page 22 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Section Ord. No. 10 of 2005 
Division 5-To update the references in certain Ordinances to 
the title of a set of regulations made under the 
Dangerous Goods Ordinance 
Pilotage Ordinance A189 
Page 
208. Ships subject to compulsory pilotage ...................................... A379 
Eastern Harbour Crossing Road Tunnel By-laws 
209. Vehicles prohibited ................................................................. A379 
210. Vehicles conveying dangerous goods ...................................... A379 
Radiation (Control of Radioactive Substances) Regulations 
211. Conveyance of radioactive substances on vehicles or vessels A379 
Road Tunnels (Government) Regulations 
212. Prohibition against vehicles conveying dangerous goods ....... A381 
Electricity (Wiring) Regulations 
213. Periodic inspection, testing and certification .......................... A381 
Division 6--To update the references in certain Ordinances 
to the title of a notice given for the purposes of the 
Prevention of Bribery Ordinance 
Fire Services Ordinance 
214. What the Fund consists of ...................................................... A381 
Police Force Ordinance 
215. What the Police Welfare Fund consists of .............................. A381 IPIN/I!HKG/D/2/ AddA 
IPINI1!HKG/P/3/ Add.S 
IPIN/I!HKGIT/4/ Add. I 
Page 23 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 Al91 
Section Page 
Prisons Ordinance 
216. What the Fund consists of ...................................................... A383 
Government Flying Service Ordinance 
217. Establishment of the fund ....................................................... A383 
Immigration Service Ordinance 
218. What the Fund consists of ...................................................... A383 
Customs and Excise Service Ordinance 
219. What the Fund consists of ...................................................... A383 
Division 7-To update the references in certain Ordinances 
to the title of a regulation made under the Customs and 
Excise Service Ordinance 
Specification of Public Offices 
220. Schedule amended .................................................................. A385 
Customs and Excise Service Ordinance 
221. Amendment of references to Preventive Service in Ordinances 
and documents .................... ........ ........................................ A385 
Division 8--To provide for consequential amendments that 
were omitted in previous amendment exercises 
Labour Tribunal Ordinance 
222. Interest on claims and awards .................... ............................ A385 
Companies Ordinance 
223. Submission of certified copies ................................................. A385 IP/N/1/HKG/D/2/ Add A 
IP/N/1/HKG/P/3/ Add.5 
IP/N/1/HKG/T/4/ Add. 1 
Page 24 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A193 
Section Page 
224. Submission of certified copies ................................................. A387 
Companies (Amendment) Ordinance 2004 
225. Amendments to the Companies Ordinance relating to oversea 
companies and incorporation procedures ........................... A387 
226. Consequential and other amendments .... ...... ...... ......... ........... A387 
Frozen Confections Regulation 
227. Offences and penalties ............................................................ A387 
Milk Regulation 
228. Offences and penalties ............................................................ A389 
Small Claims Tribunal Ordinance 
229. Interest on awards .................................................................. A389 
. Administrative Appeals Board Ordinance 
230. Schedule amended ................................... ,'.... ......... ................. A389 
Legislative Council Ordinance 
231. Interpretation: Part VIA ... .......... ....... ..... ...... ...... ... .......... ....... A389 STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP/N/l/HKG/DI2/ Add.4 
IP/N/l/HKG/P/3/ Add.5 
IP/N/l/HKG/T/4/Add.l 
Page 25 
Ord. No. 10 of 2005 A195 
HONG KONG SPECIAL ADMINISTRATIVE REGION 
ORDINANCE No. 10 OF 2005 
Donald TSANG 
Chief Executive 
7 July 2005 
An Ordinance to provide for miscellaneous amendments to various Ordinances 
and for connected purposes. 
[8 July 2005] 
Enacted by the Legislative Council. 
PART 1 
PRELIMINARY 
1. Short title 
This Ordinance may be cited as the Statute Law (Miscellaneous 
Provisions) Ordinance 2005. 
2. Commencement 
(1) This Ordinance, except Division 1 of Part 5, shall come into 
operation on the day on which it is published in the Gazette. 
(2) Division 1 of Part 5 shall come into operation on a day to be 
appointed by the Secretary for Justice by notice published in the Gazette. IPIN/IIHKGIDI2/AddA 
IPINIlIHKG/P/3/ Add.S 
IPINIlIHKG/T/4/Add.1 
Page 26 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
PART 2 Ord. No. 10 of 2005 
AMENDMENTS RELATING TO THE TRANSFER OF 
FUNCTIONS AND POWERS 
Division J-To transfer to the Secretary for the Civil Service 
certain functions of the Chief Secretary for Administration 
relating to the pensions of public officers 
Widows and Orphans Pension Ordinance 
3. Contributors to other schemes A197 
Section 4(3) of the Widows and Orphans Pension Ordinance (Cap. 94) is 
amended by repealing "Chief Secretary for Administration" where it twice 
appears and substituting "Secretary for the Civil Service". 
Pension Benefits Ordinance 
4. Power to amend Schedule 
Section 34 of the Pension Benefits Ordinance (Cap. 99) is amended by 
repealing "Chief Secretary for Administration" and substituting "Secretary for 
the Civil Service". 
Division 2-To transfer to the Director of the Chief Executive's 
Office the function of the Chief Secretary 'for Administration 
to administer the Oath of Secrecy to the Clerk and 
Deputy Clerk to the Executive Council 
Oaths and Declarations Ordinance 
5. Oaths of Clerk and Deputy Clerk 
to the Executive Council 
Section 20 of the Oaths and Declarations Ordinance (Cap. 11) is amended 
by repealing "Chief Secretary for Administration" and substituting "Director 
of the Chief Executive's Office". IP IN/1/HKGIDI2/ AddA 
IPINI1/HKG/P/3/ Add.S 
IPINI1/HKG/T/4/ Add. 1 
Page 27 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A199 
Division 3-To transfer to the Administrative Appeals Board 
the function of the Chief Executive in Council to determine 
appeals under the Medical Clinics Ordinance 
Medical Clinics Ordinance 
6. Right of appeal 
Section 12(1) of the Medical Clinics Ordinance (Cap. 343) is amended by 
repealing "or within such further time as the Chief Executive in Council may 
allow, appeal against it by way of petition to the Chief Executive in Council." 
and substituting", appeal against it to the Administrative Appeals Board.". 
Administrative Appeals Board Ordinance 
7. Schedule amended 
The Schedule to the Administrative Appeals Board Ordinance (Cap. 442) 
is amended by adding­
"62. Medical Clinics (a) A refusal by the Registrar of Clinics under 
section 8 to grant or renew an exemption in 
respect of a clinic. Ordinance 
(Cap. 343) 
(b) A cancellation by the Registrar of Clinics 
under section 8 of an exemption granted in 
respect of a clinic.' 
( c) An order by the Registrar of Clinics under 
section 11 to refuse an application for the 
registration of a clinic or to cancel the 
registration of a clinic.". 
Division 4-To transfer to the Chief Judge from the Chief Justice 
. the chairmanship of certain Rules Committees 
High Court Ordinance 
8. Rules Committee 
Section 55 of the High Court Ordinance (Cap. 4) is amended­
(a) in subsection (1)-IP IN/IIHKGID/2/ Add.4 
IP INIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.I 
Page 28 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A20I 
(i) in paragraph (a), by repealing "Chief Justice" and 
substituting "Chief Judge of the High Court, who shall be 
, chairman'" , 
(ii) in paragraphs (b) and (c), by repealing "Chief Justice" and 
substituting "Chief Judge of the High Court"; 
(b) in subsection (1A), by repealing "Chief Justice" and substituting 
"Chief Judge of the High Court". 
Criminal Procedure Ordinance 
9. Rules and orders as to practice 
and procedure 
Section 9(1)(a), (b), (c) and (h) of the Criminal Procedure Ordinance (Cap. 
221) is amended by repealing "Chief Justice" and substituting "Chief Judge". 
District Court Ordinance 
10. District Court Rules Committee 
Section 17 of the District Court Ordinance (Cap. 336) is amended-
(a) in subsection (1), by repealing "Chief Justice" where it twice 
appears and substituting "Chief Judge"; 
(b) in subsection (3), by repealing "Chief Justice" and substituting 
"Chief Judge"; 
(c) in subsection (4), by repealing "Chief Justice" and substituting 
"Chief Judge". 
Division 5--To transfer to the Chief Judge certain rule-making 
and related powers of the Chief Justice under 
certain Ordinances 
High Court Ordinance 
11. Rules concerning deposit, etc. of moneys, etc. 
in High Court 
Section 57(1) of the High Court Ordinance (Cap. 4) is amended by 
repealing "Chief Justice" and substituting "Chief Judge of the High Court". IPIN/IIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.l 
Page 29 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A203 
ORDINANCE 
Matrimonial Causes Ordinance 
12. Hearing of petition 
Section 15(5) of the Matrimonial Causes Ordinance (Cap. 179) IS 
amended by repealing "Chief Justice" and substituting "Chief Judge". 
13. Rules 
Section 18B is amended by repealing "Chief Justice" and substituting 
"Chief Judge". 
14. Rules 
Section 54(1) and (2) IS amended by repealing "Chief Justice" and 
substituting "Chief Judge". 
Matrimonial Causes Rules 
15. Practice to be observed in 
District Court 
Rule 122 of ,the Matrimonial Causes Rules (Cap. 179 sub. leg. A) IS 
amended by repealing "Chief Justice" and substituting "Chief Judge". 
Criminal Procedure Ordinance 
16. Chief Judge to make rules 
Section 79D of the Criminal Procedure Ordinance (Cap. 221) is amended 
by repealing "Chief Justice" and substituting "Chief Judge". 
17. Application for dismissal of charges 
contained in a notice of transfer 
Section 79G(~) is amended by repealing "Chief Justice" and substituting 
"Chief Judge". IP IN/ IIHKGID/2/ AddA 
IPIN/IIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 30 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
District Court Ordinance 
18. Suitors' Funds Rules Ord. No. 10 of 2005 A205 
Section 73(1) of the District Court Ordinance (Cap. 336) is amended by 
repealing "Chief Justice" and substituting "Chief Judge". 
Evidence (Miscellaneous Amendments) Ordinance 2003 
19. Part added 
Section 17 of the Evidence (Miscellaneous Amendments) Ordinance 2003 
(23 of 2003) is amended, in the new section 79L of the Criminal Procedure 
Ordinance (Cap. 221), by repealing "Chief Justice" and substituting "Chief 
Judge". 
Saving Provisions 
20. Saving provisions 
(1) Notwithstanding the amendment made by section 11 to section 57(1) 
of the High Court Ordinance (Cap. 4), any rules made under section 57(1) of 
that Ordinance which are in force immediately before the date of 
commencement of section 11 shall on and after that date continue in force as if 
they were made by the Chief Judge under section 57(1) of that Ordinance as 
amended by section 11. 
(2) Notwithstanding the amendment made by section 12 to section 15(5) 
of the Matrimonial Causes Ordinance (Cap. 179), any orders made under 
section 15(5) of that Ordinance which are in force immediately before the date 
of commencement of section 12 shall on and after that date continue in force 
as if they were made by the Chief Judge under section 15(5) of that Ordinance 
as amended by section 12. 
(3) Notwithstanding the amendment made by section 14 to section 54(1) 
and (2) of the Matrimonial Causes Ordinance (Cap. 179), any rules made 
under section 54(1) or (2) of that Ordinance which are in force immediately 
before the date of commencement of section 14 shall on and after that date 
continue in force as if they were made by the Chief Judge under section 54(1) 
or (2) of that Ordinance as amended by section 14. STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIlIHKGID/2/ AddA 
IPIN/1IHKG/P/3/ Add.5 
IP IN/1IHKG/T /4/ Add. 1 
Page 31 
Ord. No. 10 of 2005 A207 
(4) Notwithstanding the amendment made by section 15 to rule 122 of 
the Matrimonial Causes Rules (Cap. 179 sub. leg. A), any directions issued 
under rule 122 of those Rules which are in force immediately before the date of 
commencement of section 15 shall on and after that date continue in force as if 
they were issued by the Chief Judge under rule 122 of those Rules as amended 
by section 15. 
(5) Notwithstanding the amendment made by section 16 to section 79D 
of the Criminal Procedure Ordinance (Cap. 221)-
(a) any rules made under section 79D of that Ordinance which are 
in force immediately before the date of commencement of 
section 16 shall on and after that date continue in force as if they 
were made by the Chief Judge under section 79D of that 
Ordinance as amended by section 16; 
(b) any directions given under section 79D of that Ordinance which 
are in force immediately before the date of commencement of 
section 16 shall on and after that date continue in force as if they 
were given by the Chief Judge under section 79D of that 
Ordinance as amended by section 16. 
(6) Notwithstanding the amendment made by section 17 to section 
79G(8) of the Criminal Procedure Ordinance (Cap. 221)-
(a) any rules made under section 79G(8) of that Ordinance which 
are in force immediately before the date of commencement of 
section 17 shall on and after that date continue in force as if they 
were made by the Chief Judge under section 79G(8) of that 
Ordinance as amended by section 17; 
(b) any, directions given under section 79G(8) of that Ordinance 
which are in force immediately before the date of 
commencement of section 17 shall on and after that date 
continue in force as if they were given by the Chief Judge under 
section .79G(8) of that Ordinance as amended by section 17. 
(7) Notwithstanding the amendment made by section 18 to section 73(1) 
of the District Court Ordinance (Cap. 336), any rules made under section 73(1) 
of that Ordinance which are in force immediately before the date of 
commencement of section 18 shall on and after that date continue in force as if 
they were made by the Chief Judge under section 73(1) of that Ordinance as 
amended by section 18. IP/N/IIHKGIDI2/ AddA 
IP /N/IIHKGIP/3/ Add. 5 
IP/N/IIHKG!T /4/ Add.1 
Page 32 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
PART 3 Ord. No. 10 of 2005 
AMEN[~MENTS RELATING TO THE CHANGE OF NAME, THE 
ENHANCEMENT OF OPERATIONAL EFFICIENCY AND THE 
REFINEMENT OF STATUTORY PROVISIONS A209 
Division 1-To change the Chinese name of the Convocation of The Chinese 
University of Hong Kong from ,,~~~" to ,,~~~~~" 
The Chinese University of Hong Kong Ordinance 
21. Definitions 
Section 2(1) of The Chinese University of Hong Kong Ordinance (Cap. 
1109) is amended, in the definition of "Council", "Senate", "Convocation", 
"Faculties", "Schools of Studies" and "Boards of Studies", by adding "fjtii" 
before "-W~-@"". 
22. Provision for Council, Senate 
and Convocation 
Section 6 is amended by adding "fjtii" before "-W~-@"". 
23. Composition and function of 
the Convocation 
Section 9 is amended by adding "fjtii" before "-W~-@"". 
24. Statutes 
Section l3(1)(i) is amended by adding "fjtii" before "-W~-@"". 
25. Members of the University 
Statute 3 of the Statutes of The Chinese University of Hong Kong in 
Schedule 1 is amended, in paragraph (m), by adding "fjtii" before "-W~-@"". 
26. The Council 
Statute 11 is amended, in paragraph l(n), by adding "fjtii" before "-W~ 
-@"" where it twice appears. IPINIlIHKGID!2! AddA 
IPIN!1IHKGIP!3! Add.S 
IPINIlIHKG!T!4!Add.1 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
27. The Convocation 
Statute 18 is amended-Ord. No. 10 of 2005 
(a) in the heading, by adding "~:&" before "~~it"; 
(b) in paragraph 1-
(i) by adding "~:&" after "~:fl"; 
(ii) by repealing "~~itEl3" and substituting "EI3"; 
(iii) by adding "~:&" after "~U"; Page 33 
A211 
(c) in paragraph 2, by adding "~:&" before "~~it" wherever it 
appears; 
(d) in paragraph 3, by adding "~:&" before "~~i'""; 
(e) in paragraph 3A, by adding "~:&" before "~~i'""; 
(j) in paragraph 3B, by adding "~:&" before "~.i'""; 
(g) in paragraph 4, by adding "~:&" before "~~i'"" where it twice 
appears; 
(h) in paragraph 5, by adding "~:&" before "~.i'""; 
(i) in paragraph 7(1) and (2), by adding "~R" before "~~i'"" 
wherever it appears; 
(j) in paragraph 8, by adding "~R" before "~~i'"" where it twice 
appears; 
(k) in paragraph 9, by adding "~:&" before "~~it" where it twice 
appears; 
(I) in paragraph 10, by adding "~:&" before "~.it" where it twice 
appears. 
Saving Provision 
28. Saving provision 
Where the term "~~it" referred to in section 6 of The Chinese 
University of Hong Kong Ordinance (Cap. 1109) as in force immediately 
before the date of commencement of section 22 is used in or in relation to any 
instrument, contract or legal proceeding that is in force or pending 
immediately before that date, then, on and after that date, the term "~:&~~ 
it" shall be deemed to be substituted therefor, and the instrument, contract or 
legal proceeding, as the case may be, shall be construed accordingly. IP/N/l/HKGID/2/ Add.4 
IP/N/l/HKG/P/3/ Add.5 
IP/N/l/HKG/T/4/Add.l 
Page 34 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Consequential Amendments Ord. No. 10 of 2005 
Prevention of Bribery (Exclusion of Bodies and Members of 
Bodies of Educational Institutions) Notice 
29. First Schedule amended A213 
The First Schedule to the Prevention of Bribery (Exclusion of Bodies and 
Members of Bodies of Educational Institutions) Notice (Cap. 201 sub. leg. B) 
is amended, in item 2, by adding "~,;&" before "~~ir". 
Sex Discrimination Ordinance 
30. Educational establishments and 
their responsible bodies 
Schedule 1 to the Sex Discrimination Ordinance (Cap. 480) is amended, in 
item 2, by adding "~,;&" before "~~ir". 
Family Status Discrimination Ordinance 
31. Educational establishments and 
their responsible bodies 
Schedule 1 to the Family Status Discrimination Ordinance (Cap. 527) is 
amended, in item 2, by adding "~,;&" before "~~ir". 
Division 2-To enhance the powers and operational efficiency 
of the Legal Aid Services Council 
Legal Aid Services Council Ordinance 
32. Section added 
The Legal Aid Services Council Ordinance (Cap. 489) IS amended by 
adding-
"4A. Power of the Council 
The Council may do all such things as are necessary to enable it to 
exercise its functions under this Ordinance, and in particular may enter 
into, carry out, assign or accept the assignment of, vary or rescind any 
contract, agreement or other obligation.". STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
33. Section added 
The following is added-
"5A. Staff of the Council IPINIlIHKGID/2/ Add.4 
IPINIlIHKG/P/3/ Add. 5 
IPINIlIHKG/T/4/Add.1 
Page 35 
Ord. No. 10 of 2005 A215 
The Council may appoint such persons as it requires to exercise and 
perform its functions, powers and duties under this Ordinance.". 
34. Reports 
Section 12(1) is repealed and the following substituted-
"(1) The Council shall submit an annual report to the Chief 
Executive within 9 months of the end of each financial year, or such 
longer period as the Chief Executive may allow.". 
Division 3--To refine certain provisions in the Trade Marks Ordinance 
to reflect the original intention of those provisions 
Trade Marks Ordinance 
35. Claim to priority 
Section 41(1) of the Trade Marks Ordinance (Cap. 559) is amended by 
repealing "beginning on" and substituting "after". 
36. Alteration of registered trade mark 
Section 55(2),is amended-
(a) by repealing "owner's name or address" and substituting "name 
or address of the owner or any previous owner"; 
(b) by repealing "~.;g A" and substituting "~ttfffif€ij;fJs<J.;g A". 
Division 4-To amend the definition of "deception" 
in the Theft Ordinance 
Theft Ordinance 
37. Obtaining property by deception 
Section 17(4) of the Theft Ordinance (Cap. 210) is amended, in the 
definition of "deception"-
(a) by adding "(whether by any act or omission)" after "conduct"; 
(b) by repealing "or opinions". IPIN/IIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKGIT/4/ Add.l 
Page 36 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A217 
ORDINANCE ' 
Division 5--To require consent for the prosecution of 
conspiracies to commit offences regarding which 
consent to prosecution is necessary 
Crimes Ordinance 
38. Restriction on the institution 
of proceedings 
Section 159D of the Crimes Ordinance (Cap. 200) is amended­
(a) by renumbering it as section 159D(1); 
(b) by adding-
"(2) Any prohibition imposed by any enactment on the 
institution of proceedings for any offence otherwise than by, 
or on behalf or with the consent of, the Secretary for Justice 
or any other person also applies in relation to proceedings 
instituted under section 159A for conspiracy to commit that 
offence.". 
Division 6-To prohibit a person who is required to surrender 
his travel document from leaving Hong Kong, etc. 
Dangerous Drugs Ordinance 
39. Surrender of travel document 
Section 53A of the Dangerous Drugs Ordinance (Cap. 134) is amended­
(a) by adding-
"( 4A) Subject to subsection (8), a person to whom a 
notice under subsection (1) is addressed shall not leave 
Hong Kong, whether or not the notice has been served on 
him under subsection (3), before the expiry of a period of 3 
'months from the date of the notice unless-
(a) an application made under section 53B(I) for 
the return of a travel document is granted; or 
(b) an application made under section 53C(1) for 
permission to leave Hong Kong is granted."; 
(b) in subsection (5), by repealing "thereupon"; STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
( C) by adding-IPINIIIHKGID121 AddA 
IPINI 1 IHKGIP131 Add.S 
IPINIIIHKG/T/41 Add. 1 
Page 37 
Ord. No. 10 of 2005 A219 
"(7 A) Subject to subsection (8), a travel document 
, surrendered to the Commissioner of Police or the 
Commissioner of Customs and Excise in compliance with a 
notice under subsection (1) rp.ay be detained for a period of 
3 months from the date of the notice unless an application 
made under section 53B(1) for the return of the travel 
document is granted."; 
(d) in subsection (8)-
(i) . by repealing everything before "for not more than" and 
substituting-
"(8) The period of 3 months referred to in 
subsections (4A) and (7A) may be extended"; 
(ii) by repealing "further detention" and substituting 
"extension'" , 
(e) in subsection (10), by adding "and sections 53B and 53C" after 
"In this section". 
40. Section added 
The following is added-
"53C. Application for permission 
to leav~ Hong Kong 
(1) Without prejUdice to section 53B, a person on whom a notice 
under section 53A(1) is served may at any time make written application 
to the Commissioner of Police or the Commissioner of Customs and 
Excise, as the case may be, for permission to leave Hong Kong and every 
such application shall contain a statement of the grounds on which it is 
made. 
(2) Befqre determining an application under subsection (1), the 
Commissioner of Police or the Commissioner of Customs and Excise may 
require that any matter of fact relied on in the application shall be 
substantiated by statutory declaration, 
(3) Any person aggrieved by the refusal of an application under 
subsection (1) may, within 14 days of being informed of such refusal, 
appeal to a magistrate against that refusal and the magistrate may, upon 
considering the grounds of the application and any evidence which may be 
adduced in relation thereto by or on behalf of either party, order that the 
person be permitted to leave Hong Kong. 
(4) The decision of a magistrate in relation to an appeal under this 
section shall be finaL", IPINIlIHKGID121 Add A 
IPINIlIHKG/P/3/Add.S 
IPINIlIHKGIT14/Add.1 
Page 38 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A221 
ORDINANCE 
Prevention of Bribery Ordinance 
41. Surrender of travel document 
Section l7A of the Prevention of Bribery Ordinance (Cap. 201) IS 
amended-
(a) by adding-
"(3A) Subject to subsection (6), a person to whom a 
'notice under subsection (1) is addressed shall not leave 
Hong Kong, whether or not the notice has been served on 
him under subsection (2), before the expiry of a period of 6 
months from the date of the notice unless-
(a) an application made under section l7B(1) for 
the return of a travel document is granted; or 
(b) an application made under section l7BA(1) 
for permission to leave Hong Kong is 
granted."; 
(b) in subsection (4), by repealing "thereupon be arrested and taken 
before a magistrate" and substituting "be arrested and taken 
before a magistrate by a police officer or by a person appointed 
in that behalf by the Commissioner"; 
( c) by adding-
"(SA) Subject to subsection (6), a travel document 
surrendered to the Commissioner in compliance with a 
notice under subsection (1) may be detained for a period of 
6 months from the date of the notice unless an application 
made under section l7B(1) for the return of the travel 
document is granted."; 
(d) in subsection (6)-
(i) , by repealing everything before the prOVISO and 
substituting-
"(6) The period of 6 months referred to in 
subsections (3A) and (SA) may be extended for a 
further period of 3 months if a magistrate, on 
application by the Commissioner, is satisfied that the 
investigation could not reasonably have been 
completed before the date of such application and 
authorizes such extension:"; 
(ii) in the proviso, by repealing "who surrendered the 
document" and substituting "to whom the relevant notice is 
addressed" . IPINIlIHKGID/2/ Add.4 
IPIN/lIHKG/P/3/ Add.5 
IP IN/lIHKGfT /4/ Add.l 
Page 39 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
, ORDINANCE Ord. No. 10 of 2005 A223 
42. Return of travel documents 
Section l7B is amended-
(a) by repealing subsection (5) and substituting-
"(5) A recognizance referred to in subsection (4) shall 
be subject to the conditions that-
(a) the applicant shall further surrender his travel 
document to the Commissioner at such time 
as may be specified; and 
(b) the applicant shall appear at such time and 
place in Hong Kong as may be specified and 
at such other time and place in Hong Kong 
thereafter as may be further specified."; 
(b) in subsection (6), by repealing "subject to such conditions as to 
the further surrender of the travel document and the appearance 
of the applicant at any time and place in Hong Kong as may be 
specified." and substituting-
"subject to the conditions that-
(a) the applicant shall further surrender his travel 
document to the Commissioner at such time 
as may be specified; and 
(b) the applicant shall appear at such time and 
place in Hong Kong as may be specified and 
at such other time and place in Hong Kong 
thereafter as may be further specified."; 
(c) by repealing subsection (7) and substituting-
"(7) Where a travel document is returned to the 
applicant under this section subject to a condition imposed 
,under subsection (5)(a) or (6) (a) , then after the time 
specified under that subsection, the provisions of section 
17 A(3A) shall continue to apply in respect of the applicant 
and the provisions of section 17 A(5A) shall continue to 
apply in respect of the travel document surrendered by the 
applicant pursuant to the condition as if no return had been 
made to the applicant under this section.". 
43. Section added 
The following is added-IPINIIIHKGID121 AddA 
IPINIlIHKGIP131 Add.5 
IPINIlIHKG/T/4/Add.1 
Page 40 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
"17BA. Permission to leave Hong Kong Ord. No. 10 of 2005 A225 
(1) Without prejudice to section 17B, a person on whom a notice 
under section 17 A(1) is served may at any time make application in 
writing to the Commissioner or to a magistrate or both for permission to 
leave Hong Kong, and every such application shall contain a statement of 
the grounds on which it is made. 
(2) A magistrate shall not consider an application made under 
subsection (1) unless he is satisfied that reasonable notice in writing of it 
has been given to the Commissioner. 
(3) The Commissioner or a magistrate shall only grant an 
application made under subsection (1) where the Commissioner or the 
magistrate, a~ the case may be, is satisfied that having regard to all the 
circumstances, including the interests of the investigation referred to in 
section 17 A(l), a refusal to grant the application would cause 
unreasonable hardship to the applicant. 
(4) Before an application is granted under this section­
(a) the applicant may be required to-
(i) deposit such reasonable sum of money with such 
person as may be specified; 
. (ii) enter into such recognizance with such sureties, if any, 
as may be specified; or 
(iii) deposit such a sum of money and enter into such a 
recognizance as may be specified; 
(b) any such applicant or surety may be required to deposit 
such property or document of title thereto with such person 
as may be specified for retention by that person until such 
. time as any recognizance entered into under this subsection 
is no longer required or is forfeited. 
(5) A recognizance referred to in subsection (4) shall be subject to a 
condition that the applicant shall appear at such time and place in Hong 
Kong as may be specified and at such other time and place in Hong Kong 
thereafter as may be further specified. 
(6) An application under this section may be granted either without 
condition or subject to a condition that the applicant shall appear at such 
time and place in Hong Kong as may be specified and at such other time 
and place in Hong Kong thereafter as may be further specified. 
(7) Where a person is permitted to leave Hong Kong under this 
section subject to a condition imposed under subsection (5) or (6), then 
after the time specified under that subsection or (if applicable) after the 
last of such times, the provisions of section 17 A(3A) shall continue to 
apply in respect of the person as if the person had not been permitted to 
leave Hong Kong under this section. IPINIlIHKGID121 AddA 
IPINI1IHKGIP13/Add.5 
IPINIlIHKG/T/4/Add.1 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 
(8) Proceedings before a magistrate under this section­
(a) shall be conducted in chambers; and Page 41 
A227 
(b) shall be deemed to be proceedings which a magistrate has 
power to determine in a summary way within the meaning 
of sections 105 and 113(3) of the Magistrates Ordinance 
. (Cap. 227) and, accordingly, Part VII of that Ordinance 
(which relates to appeals) shall apply, with the necessary 
modifications, to appeals against an order of a magistrate 
under this section. 
(9) Anything to be specified in respect of an applicant under this 
section shall be specified by notice in writing served personally on the 
applicant." . 
44. Further provisions relating to security, 
appearance, etc. 
Section 17C is amended by adding-
"(1 A) Where a person granted an application under section 17BA 
fails to comply with the requirement of any condition imposed under that 
section, any deposit made or recognizance entered into under that section 
may be forfeited by a magistrate on application by the Commissioner or 
under section 65 of the Magistrates Ordinance (Cap. 227).". 
Division 7-To empower the courts to award costs to the defendant 
or prosecutor on the other party's unsuccessful application 
for a certificate under the Hong Kong Court 
of Final Appeal Ordinance 
Costs in Criminal Cases Ordinance 
45. Section added 
The Costs in Criminal Cases Ordinance (Cap. 492) is amended by adding-
"9B. Defence costs on unsuccessful application 
by prosecutor for a certificate of Court 
of Appeal or Court of First Instance 
Where the prosecutor unsuccessfully applies to the Court of Appeal 
or the Court of First Instance for a certificate under section 32(2) of the 
Hong Kong Court of Final Appeal Ordinance (Cap. 484), and the Court 
of Appeal or the Court of First Instance, as the case may be, is satisfied 
that the application is without merit, the Court of Appeal or the Court of 
First Instanc~, as the case may be, may order that costs be awarded to the 
defendant." . IP/N/IIHKGID/2/ AddA 
IP/N/l/HKG/P/3/ Add.S 
IP/N/l/HKGIT/4/ Add. 1 
Page 42 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
46. Section added 
The following is added-Ord. No. 10 of 2005 
"13B. Prosecution costs on unsuccessful application 
by defendant for a certificate of Court of 
Appeal or Court of First Instance A229 
Where a defendant unsuccessfully applies to the Court of Appeal or 
the Court of First Instance for a certificate under section 32(2) of the 
Hong Kong Court of Final Appeal Ordinance (Cap. 484), and the Court 
of Appeal or' the Court of First Instance, as the case may be, is satisfied 
that the application is without merit, the Court of Appeal or the Court of 
First Instance, as the case may be, may order that costs be awarded to the 
prosecutor." . 
Division 8-To repeal provisions in certain Ordinances providing that 
the decision of the Court of Appeal on an appeal is final 
Professional Accountants Ordinance 
47. Appeals 
Section 41(2) of the Professional Accountants Ordinance (Cap. 50) IS 
repealed. 
Related Amendments " 
48. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 27(4)(b), 
28D(10)(b)(i), 35(3) and 38(2), an appeal to the Court of 
Appeal shall be deemed to be finally determined when the 
earliest of the following events occurs, whichever is 
applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP /N/lIHKGID/2/ AddA 
IP /N/IIHKG/P/3/ Add.S 
IP/N/IIHKGff/4/Add.1 
Page 43 
Ord. No. 10 of 2005 A231 
(c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (LWf~PJ$~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ord~nance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m ~ ~Wj)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-IPINIlIHKGID/2/ Add.4 
IPIN/IIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.l 
Page 44 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A233 
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
49. Removal from register of certain persons 
Section 27(4)(b) is amended by repealing "an appeal under section 41, 
before a decision of the Court of Appeal affirming the order" and substituting 
"an appeal made to the Court of Appeal against the order under section 41, 
before the appeal is finally determined". 
50. Qualification for registration of company as 
corporate practice 
Section 28D(10)(b) is amended-
(a) by repealing "unless" and substituting "before"; 
(b) in subparagraph (i), by repealing "there is an appeal as regards 
the relevant removal, the appeal has been withdrawn or the 
relevant direction under this section' was confirmed on appeal" 
and substituting "an appeal is made to the Court of Appeal as 
regards the removal under subsection (9)(d)(ii), the appeal is 
finally determined". 
51. Disciplinary powers of Disciplinary Committee 
Section 35(3) is amended-
(a) by repealing", or of any such order as varied on appeal by the 
Court of Appeal, as the case may be," and substituting "or, if the 
ordt?r is varied on appeal, the order as so varied"; 
(b) in the proviso, by repealing "an appeal under section 41, before 
the decision of the Court of Appeal on such appeal" and 
substituting "an appeal made to the Court of Appeal against the 
order under section 41, before the appeal is finally determined". IPINIlIHKGID/2/ AddA 
IPIN/IIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.1 
Page 45 
STATUTE LAW' (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A235 
52. Provisions relating to orders of the 
Disciplinary Committee 
Section 38(2) is amended by repealing "or in the case of an appeal under 
section 41 before the decision of the Court of Appeal on such appeal" and 
substituting "or, in the case of an appeal made to the Court of Appeal against 
the order under section 41, before the appeal is finally determined". 
Dentists Registration Ordinance 
53. Appeals 
Section 23(2) of the Dentists Registration Ordinance (Cap. 156) IS 
repealed. 
Related Amendments 
54. Interpretation 
Section 2 is amended-
(a) by repealing­
'~1±*{~19u r:p" 
and substituting­
"(1) 1±*{~19ur:p"; 
(b) by adding-
"(3) For the purposes of sections 18(5) and 22(2), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
'whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or IP/N/IIHKGID/2/ Add A 
IP/N/IIHKG/P/3/ Add.5 
IP/N/IIHKG/T/4/Add.l 
Page 46 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A237 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(4) In subsection (3)-
"application for leave to appeal" C-..t~Jf*PJ $~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
','specified period" (m f!Ij ~AA)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or ' 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of· 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if,on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
55. Disciplinary inquiries by the Council 
Section 18(5) 'is amended-IP/N/l/HKGIDI2/ Add.4 
IP/N/l/HKG/P/3/ Add.5 
IP/N/1/HKG/T/4/Add.l 
Page 47 
Ord. No. 10 of 2005 A239 
(a) by repealing "after the decision of the Court of Appeal affirming 
or varying such order" and substituting "after the appeal is 
finally determined"; 
(b) by repealing "or the order as varied on appeal" and substituting 
"or, if the order is varied on appeal, the order as so varied". 
56. Provisions relating to orders of the Council 
Section 22(2) is amended by repealing "and in the case of an appeal shall 
await the decision of the Court of Appeal" and substituting "or, in the case of 
an appeal made to the Court of Appeal against the order under section 23, 
before the appeal is finally determined". 
Legal Practitioners Ordinance 
57. Appeal and saving 
Section 13(1) of the Legal Practitioners Ordinance (Cap. 159) is amended 
by repealing "and the decision of the Court of Appeal on any such appeal shall 
be final". 
58. Appeal to Court of Appeal 
Section 37B(1) is amended by repealing "and the decision of the Court of 
Appeal is final". 
Related Amendments 
59. Publication of fmdings of Solicitors 
Disciplinary Tribunal 
Section 13A is amended-
(a) by renumbering it as section 13A(1); 
(b) in subsection (1)-
(i) ,by repealing "the Solicitors Disciplinary Tribunal or the 
Court of Appeal, on an appeal under section 13, otherwise 
orders," and substituting "the Court of Final Appeal, the 
Court of Appeal or the Solicitors Disciplinary Tribunal 
otherwise orders,"; IPIN/lIHKGID/2/ Add A 
IPINIlIHKG/P/3/ Add.S 
IPIN/lIHKG/T/4/ Add.l 
Page 48 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A241 
(ii) by repealing "or after completion of such an appeal" and 
substituting "or, if such an appeal has been made, after the 
appeal is finally determined"; 
( c) by adding-
"(2) For the purposes of subsection (1), an appeal to 
the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
'whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the, Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)- . 
"application for leave to appeal" (.L~JFi¥FPJ$~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m ~ ~~AA)-IPINIIIHKGID121 AddA 
IPINIlIHKG/P/31 Add.S 
IPINI1 IHKGrr/41 Add. 1 
Page 49 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A243 
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
Medical Registration Ordinance 
60. Appeals against orders of the Council 
Section 26(2) of the Medical Registration Ordinance (Cap. 161) IS 
repealed. 
Related Amendments 
61. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 21(5), 21A(2) and 
25(2), an appeal to the Court of Appeal shall be deemed to 
be finally determined when the earliest of the following 
events occurs, whichever is applicable in the circumstances--IP/N/l/HKG/D/2/ AddA 
IP/N/l/HKG/P/3/ Add.5 
IP/N/l/HKGIT/4/ Add. 1 
Page 50 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A245 
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( C) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
, (3) In subsection (2)-
"application for leave to appeal" (LWf~PJ$mJ) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m~~Wn-
, (a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final. Appeal 
Ordinance (Cap. 484) is required to be 
filed; or IP /N/1/HKG/D/2/ AddA 
IP/N/1/HKG/P/3/ Add.5 
IP/N/1/HKGff/4/Add.1 
Page 51 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A247 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
62. Disciplinary powers of Council 
Section 21(5) is amended-
(a) by adding "to the Court of Appeal" after "may be made"; 
(b) by repealing "after a decision affirming or varying such order" 
and substituting "after the appeal is finally determined"; 
(c) in paragraph (a), by repealing "or the order as varied on appeal" 
and'substituting "or, if the order is va,ried on appeal, the order as 
so varied". 
63. Powers of Council in relation to fitness to 
practise of medical practitioners 
Section 2lA(2) is amended-
(a) by adding "to the Court of Appeal" after "may be made"; 
(b) by repealing "after a decision affirming or varying such order" 
and substituting "after the appeal is finally determined"; 
(c) by repealing "or the order as varied on appeal" and substituting 
"or, if the order is varied on appeal, the order as so varied". 
64. Orders of the Council 
Section 25(2) is amended by repealing "and in the case of an appeal shall 
await the decision' of the Court of Appeal" and substituting "or, in the case of 
an appeal made to the Court of Appeal against the order under section 26, 
before the appeal is finally determined". IPINIlIHKGID121 Add A 
IPINIlIHKG/P/31 Add.5 
IPINIIIHKG/T/4/Add.1 
Page 52 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A249 
ORDINANCE 
Midwives Registration Ordinance 
65. Appeals 
Section 15(2) of the Midwives Registration Ordinance (Cap. 162) IS 
repealed. 
Related Amendments 
66. Interpretation 
Section 2 is amended by adding-
"(3) For the purposes of sections lO(8)(b) and 14(2), an appeal to the 
Court of Appeal shall be deemed to be finally determined when the 
earliest of the following events occurs, whichever is applicable in the 
circumstances-
(a) when the appeal to the Court of Appeal is withdrawn or 
abandoned; 
(b) when the specified period expires without an application for 
leave to appeal having been made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an application 
'for leave to appeal is made to the Court of Appeal-
(i) when the application is withdrawn or abandoned; 
(ii) if the application is refused, when the specified period 
expires without an application for leave to appeal 
having been made to the Court of Final Appeal; or 
(iii) if the application is granted, when the appeal to the 
Court of Final Appeal is withdrawn, abandoned or 
disposed of; or 
(d) if, before the expiry of the specified period, an application 
for leave to appeal is made to the Court of Final Appeal­
(i) when the application is withdrawn, abandoned or 
refused; or 
(ii) if the application is granted, when the appeal to the 
Court of Final Appeal is withdrawn, abandoned or 
disposed of. 
(4) In subsection (3)-
"application for leave to appeal" C-..tw)f~PJ $~) means an application 
made to the Court of Appeal or the Court of Final Appeal under 
section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 
484) for leave to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; STATUTE LAW' (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
"specified period" (m ~ ~ltlt§)-IPINIlIHKGID121 AddA 
IPINIlIHKGIP13I Add.5 
IPINIlIHKGIT141 Add. 1 
Page 53 
Ord. No. 10 of 2005 A251 
(a) in the case of an application for leave to appeal made to the 
Court of Appeal, means-
(i) subject to subparagraph (ii) , the period of 28 days 
within which the notice of motion referred to in section 
24(2) of the Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-day period 
referred to in subparagraph (i), the Court of Appeal 
extends that period, the period as so extended; or 
(b) in the case of an application for leave to appeal made to the 
Court of Final Appeal, means-
(i) subject to subparagraph (ii) , the period of 28 days 
within which the notice of motion referred to in section 
24(4) of the Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-day period 
referred to in subparagraph (i), the Court of Final 
Appeal extends that period, the period as so 
extended." . 
67. Disciplinary powers of Council 
Section 10 is amended-
(a) in subsection (6)-
(i) by repealing "and the order is not reversed by the Court of 
Appeal under section 15"; 
(ii)' by adding "or, if the order is varied on appeal, the order as 
so varied" before "in the Gazette"; 
(b) in subsection (7)-
(i) by repealing "and the order is not reversed by the Court of 
Appeal under section 15"; 
(ii) by adding "or, if the order is varied on appeal, the order as 
so varied" before "in the Gazette"; 
(c) by repealing subsection (8)(b) and (c) and substituting-
"(b) if such an appeal has been made, the date on which the 
appeal is finally determined.". IPINIlIHKGID/2/ Add.4 
IPIN/IIHKG/P/3/ Add.S 
IPINIl/HKGJT/4/Add.l 
Page 54 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A253 
68. Provisions relating to orders of Council 
Section 14(2) is amended by repealing "an appeal against such order, until 
after the determination of the appeal" and substituting "an appeal made to the 
Court of Appeal against the order under section 15, before the appeal is finally 
determined" . 
69. Appeals 
Section 15(1) is amended by adding "or order" after "the decision". 
Nurses Registration Ordinance 
70. Appeals 
Section 22(1) of the Nurses Registration Ordinance (Cap. 164) is amended 
by repealing "and the decision of the Court of Appeal shall be final". 
Related Amendments 
71. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 17(6) and 21(2), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
, whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPIN/IIHKGIDI2/ AddA 
IPIN/IIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.l 
Page 55 
Ord. No. 10 of 2005 A255 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (LWf~PJ$~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
'.'specified period" (1~ I!Ij ~~M)-. 
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". IP/N/l/HKG/D/2/ AddA 
IP/N/l/HKG/P/3/ Add.5 
IP/N/l/HKG/T/4/Add.l 
Page 56 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
72. Disciplinary powers of the Council 
Section 17(6) is amended-Ord. No. 10 of 2005 A257 
(a) by repealing "after the decision of the Court of Appeal affirming 
or varying such order" and substituting "after the appeal is 
finally determined"; 
(b) by repealing "or the order as so varied, as the case may be," and 
substituting "or, if the order is varied on appeal, the order as so 
varied". 
73. Provisions relating to orders of the Council 
Section 21(2) is amended by repealing "an appeal against such order, until 
after the determination of such appeal" and substituting "an appeal made to 
the Court of Appeal against the order under section 22, before the appeal is 
finally determined". 
74. Appeals 
Section 22( 1) is amended-
(a) by adding "or an order" after "a decision"; 
(b) by repealing "the decision of the Council" and substituting "the 
decision or the order, as the case may be"; 
(c) in p~ragraph (c), by adding "~iP4-" after "lR:5E". 
Supplementary Medical Professions Ordinance 
75. Appeals to Court of Appeal 
Section 25(2) of the Supplementary Medical Professions Ordinance (Cap. 
359) is repealed. , 
Related Amendments 
76. Interpretation 
Section 2 is amended by adding-
"(4) For. the purposes of sections 22(2) and 24(2), an appeal to the 
Court of Appeal shall be deemed to be finally determined when the 
earliest of the following events occurs, whichever is applicable in the 
circumstances-STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP INIlIHKGID/2/ AddA 
IPIN/IIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 57 
Ord. No. 10 of 2005 A259 
(a) 'when the appeal to the Court of Appeal is withdrawn or 
abandoned; 
(b) when the specified period expires without an application for 
leave to appeal having been made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an application 
for leave to appeal is made to the Court of Appeal-
(i) when the application is withdrawn or abandoned; 
, (ii) if the application is refused, when the specified period 
expires without an application for leave to appeal 
having been made to the Court of Final Appeal; or 
(iii) if the application is granted, when the appeal to the 
Court of Final Appeal is withdrawn, abandoned or 
disposed of; or 
(d) if, before the expiry of the specified period, an application 
,for leave to appeal is made to the Court of Final Appeal­
(i) when the application is withdrawn, abandoned or 
refused; or 
(ii) if the application is granted, when the appeal to the 
Court of Final Appeal is withdrawn, abandoned or 
disposed of. 
(5) In subsection (4)-
"application for leave to appeal" (J: ~Jf~PJ $~) means an application 
made to'the Court of Appeal or the Court of Final Appeal under 
section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 
484) for leave to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m ~ ~F!W3)-
(a) in the case of an application for leave to appeal made to the 
Court of Appeal, means-
(i) subject to subparagraph (ii) , the period of 28 days 
within which the notice of motion referred to in section 
24(2) of the Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-day period 
referred to in subparagraph (i), the Court of Appeal 
extends that period, the period as so extended; or 
(b) in the case of an application for leave to appeal made to the 
'Court of Final Appeal, means-
(i) subject to subparagraph (ii) , the period of 28 days 
within which the notice of motion referred to in section 
24(4) of the Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be filed; or -IPINIl/HKGID121 Add A 
IPINIl/HKGIP131 Add.5 
IPINIl/HKGff/41 Add. 1 
Page 58 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A261 
(ii) if, on an application made within the 28-day period 
referred to in subparagraph (i), the Court of Final 
Appeal extends that period, the period as so 
extended." . 
77. Disciplinary powers of board 
Section 22(2) is amended-
(a) by repealing "after the decision of the Court of Appeal affirming 
or varying such order" and substituting "after the appeal is 
finally determined"; 
(b) in paragraph (a), by repealing "or the order as so varied, as the 
case may be, publish the order" and substituting "publish the 
order or, if the order is varied on appeal, the order as so varied"; 
(c) in paragraph (b), by repealing "or the order as so varied, as the 
case may be, publish the order" and substituting "publish the 
order or, if the order is varied on appeal, the order as so varied". 
78. Provisions relating to decisions and 
orders of boards 
Section 24(2) is amended-
(a) by adding "to the Court of Appeal" before "against the 
decision'" , 
(b) by repealing "or while the appeal awaits determination by the 
Court of Appeal" and substituting "or, if such an appeal has 
been made, before the appeal is finally determined". 
Architects Registration Ordinance 
79. Appeal to Court of Appeal 
Section 29(5) of the Architects Registration Ordinance (Cap. 408) IS 
repealed. IP INIlIHKGID/2/ Add.4 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.l 
Page 59 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A263 
Related Amendments 
80. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 27(2) and 28(1), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or , 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (L Wf~PJ If! mJ) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; IPINIlIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/ Add. 1 
Page 60 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A265 
"specified period" (m ~ ~&,Wn-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, tl1e period as so extended.". 
81. Removal of name from the register 
Section 20(3) is amended by adding "the Court of Final Appeal," before 
"the Court of Appeal". 
82. Service of orders of inquiry committee 
Section 27(2) is amended-
(a) by repealing "28 days" and substituting "3 months"; 
(b) by repealing ", and in the event of an appeal under section 29 or 
until the time therefor has expired shall await the decision of the 
Court of Appeal" and substituting "or, in the case of an appeal 
made to the Court of Appeal against the order under section 29, 
before the appeal is finally determined". STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
83. Publication of disciplinary orders 
Section 28(1) is amended-IPIN!1 IHKGID!2! AddA 
IPIN!1 IHKGIP!3! Add.5 
IPINIlIHKGIT!4!Add.1 
Page 61 
Ord. No. 10 of 2005 A267 
(a) by repealing "an appeal under section 29 against an order of an 
inquiry committee under section 24(1)(a) to (e) may be made, or 
where in the case of an appeal the order is affirmed or varied or 
the appeal is abandoned" and substituting "an appeal may be 
made to the Court of Appeal under section 29 against an order 
of an inquiry committee made under section 24(1)(a), (b), (c), (d) 
or (e) or, if such an appeal has been made, after the appeal is 
finally determined"; 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied"· , 
(c) in paragraph (b), by repealing "or the order as varied on appeal" 
and.substituting "or, if the order is varied on appeal, the order as 
so varied". 
84. Appeal to Court of Appeal 
Section 29 is amended-
(a) in subsection (1), by adding "or order" after "decision"; 
(b) in subsection (2), by adding "or order" after "decision"; 
(c) in subsection (3), by repealing "a decision" and substituting "an 
order". 
Engineers Registration Ordinance 
85. Appeal to CO\lrt of Appeal 
Section 28(5) of the Engineers Registration Ordinance (Cap. 409) IS 
repealed. 
Related Amendments 
86. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-IPINIlIHKGID/2/ Add A 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 62 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
. ORDINANCE Ord. No. 10 of 2005 A269 
"(2) For the purposes of sections 26(2) and 27(1), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the ~pplication is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (J:Wf~PJ$fflt) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (~~ ~~m)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP IN/l/HKGIDI2I Add A 
IP1N11/HKG1P131 Add.S 
IPIN11/HKG/T/4/Add.l 
Page 63 
Ord. No. 10 of 2005 A271 
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
87. Removal of name from the register 
, 
Section 19(3),is amended by adding "the Court of Final Appeal," before 
"the Court of Appeal". 
88. Service of orders of inquiry committee 
Section 26(2) is amended-
(a) by repealing "28 days" and substituting "3 months"; 
(b) by r~pealing ", and in the event of an appeal under section 28 or 
until the time therefor has expired shall await the decision of the 
Court of Appeal" and substituting "or, in the case of an appeal 
made to the Court of Appeal against the order under section 28, 
before the appeal is finally determined". 
89. Publication of disciplinary orders 
Section 27(1) is amended-IP/N/l/HKGID121 Add.4 
IP /N/l/HKG/P/31 Add.S 
IP/NIl/HKG/T/4/Add.l 
Page 64 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A273 
(a) by repealing "an appeal under section 28 against an order of an 
inquiry committee under section 23(1)(a) to (e) may be made, or 
where in the case of an appeal the order is affirmed or varied or 
the appeal is abandoned" and substituting "an appeal may be 
made to the Court of Appeal under section 28 against an order 
of an inquiry committee made under section 23(1)(a), (b), (c), (d) 
or (e) or, if such an appeal has been made, after the appeal is 
finally determined"; 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied'" , 
(c) in paragraph (b), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied". 
90. Appeal to Court of Appeal 
Section 28 is amended-
(a) in subsection (2), by adding "or order" after "decision"; 
(b) in subsection (3), by repealing "a decision" and substituting "an 
order". 
Surveyors Registration Ordinance 
91. Appeal to Court of Appeal 
Section 28(5) of the Surveyors Registration Ordinance (Cap. 417) IS 
repealed. 
Related Amendments 
92. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 26(2) and 27(1), an 
,appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
whichever is applicable in the circumstances-STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP INIlIHKGID/2/ Add.4 
IPIN/IIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/ Add. 1 
Page 65 
Ord. No. 10 of 2005 A275 
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
(c) if, before the expiry of the specified period,.an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" C-..t~Jfm:PJ $~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m ~ ~W3)-
(a) in the case of an application for leave' to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or IP /N/IIHKGID/2/ AddA 
IP/N/IIHKG/P/3/ Add.5 
IP/N/IIHKG/T/4/Add.l 
Page 66 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A277 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
93. Removal of name from the register 
Section 19(3) is amended by adding "the Court of Final Appeal," before 
"the Court of Appeal". 
94. Service of orders of inquiry committee 
Section 26(2) is amended by repealing ", and in the event of an appeal 
under section 28 or until the time therefor has expired shall await the decision 
of the Court of Appeal" and substituting "or, in the case of an appeal made to 
the Court of Appeal against the order under section 28, before the appeal is 
finally determined". 
95. Publication of disciplinary orders 
Section 27(1) is amended-
(a) by repealing "an appeal under section 28 against an order of an 
inquiry committee under section 23(1)(a) to (e) may be made, or 
where in the case of an appeal the order is affirmed or varied or 
the appeal is abandoned" and substituting "an appeal may be 
made to the Court of Appeal under section 28 against an order 
of an inquiry committee made under section 23(1)(a), (b), (c), (d) 
or (e) or, if such an appeal has been made, after the appeal is 
finally determined"; IPINIIIHKGID121 AddA 
IP INIlIHKG/P/31 Add. 5 
IP INIIIHKGIT 141 Add. 1 
Page 67 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A279 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied'" , 
(c) in paragraph (b), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied". 
96. Appeal to Court of Appeal 
Section 28 is amended-
(a) in subsection (2), by adding "or order" after "decision"; 
(b) in subsection (3), by repealing "a decision" and substituting "an 
order". 
Planners Registration Ordinance 
97. Appeal to Court of Appeal 
Section 28(5) of the Planners Registration Ordinance (Cap. 418) IS 
repealed. 
Related Amendments 
98. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 26(2) and 27(1), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; IPINIlIHKG/D/21 AddA 
IP INI1IHKGIP 131 Add.S 
IPINIlIHKG/T/41 Add. 1 
Page 68 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A281 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" C.t ~fiffrPJ $~) means an 
. application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m ~ mAA)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii), the period of 
28 days within which the notice of motion 
referred to in section 24(4) of the Hong 
Kong Court of Final Appeal Ordinance 
(Cap. 484) is required to be filed; or STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP INIlIHKG/D/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.1 
Page 69 
Ord. No. 10 of 2005 A283 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
99. Removal of name from the register 
Section 19(3) is amended by adding "the Court of Final Appeal," before 
"the Court of Appeal". 
100. Service of orders of inquiry committee 
Section 26(2) is amended by repealing ", and in the event of an appeal 
under section 28 or until the time therefor has expired shall await the decision 
of the Court of Appeal" and substituting "or, in the case of an appeal made to 
the Court of Appeal against the order under section 28, before the appeal is 
finally determined". 
101. Publication of disciplinary orders 
Section 27(1) is amended-
(a) by repealing "an appeal under section 28 against an order of an 
inquiry committee under section 23(1)(a) to (e) may be made, or 
where in the case of an appeal the order is affirmed or varied or 
the appeal is abandoned" and substituting "an appeal may be 
made to the Court of Appeal under section 28 against an order 
of an inquiry committee made under section 23(1)(a), (b), (c), (d) 
or (e) or, if such an appeal has been made, after the appeal is 
finally determined"; 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so v'aried"; 
(c) in paragraph (b), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied". 
1 02. Appeal to Court of Appeal 
Section 28 is amended-
(a) in subsection (2), by adding "or order" after "decision"; 
(b) in subsection (3), by repealing "a decision" and substituting "an 
order", IPINIlIHKGID121 AddA 
IPINI 1 IHKG/P/31 Add.5 
IPINIIIHKG/T/4/Add.1 
Page 70 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A285 
Land Survey Ordinance 
103. Appeal from decisions of the Committee 
Section 18(1) of the Land Survey Ordinance (Cap. 473) is amended by 
repealing "and the decision of the Court of Appeal is final". 
1 04. Appeals from decisions or orders of 
the Disciplinary Board 
Section 27(1) is amended by repealing "and the decision of the Court of 
Appeal is final". 
Related Amendments 
105. Removal of name from the register 
Section l5(1)(d) is amended by repealing "a Disciplinary Board or the 
Court of Appeal" and substituting "the Court of Final Appeal, the Court of 
Appeal or a Disciplinary Board". 
106. Reinstatement of name after removal 
Section 16(3) is amended by adding "the Court of Final Appeal or" before 
"the Court of Appeal". 
107. Publication of disciplinary orders 
Section 26 is amended-
(a) by repealing subsection (1) and substituting-
"(1) Where a Disciplinary Board makes an order under 
section 25(1), then-
(a) subject to paragraphs (b) and (c), after the 
expiry of the period prescribed by Order 59, 
rule 4 of the Rules of the High Court (Cap. 4 
sub. leg. A) for serving notice of appeal 
against the order; 
(b) subject to paragraph (c), if the Court of 
Appeal on an application made within the 
period referred to in paragraph (a) extends 
that period, after the expiry of the period as 
so extended; or IP/N/1/HKGID/2/ AddA 
IP/N/l/HKG/P/3/ Add.S 
IP/N/l/HKG/T/4/Add.1 
Page 71 
STATUTE LAW, (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A287 
(c) if an appeal is made within the period referred 
to in paragraph (a) or the extended period 
referred to in paragraph (b) to the Court of 
Appeal against the order under section 27, 
after the appeal is finally determined, 
the Committee-
(b) by adding-(d) shall publish a copy of the order or, if the 
order is varied on appeal, the order as so 
varied in at least 1 English and 1 Chinese 
language newspaper circulating daily in Hong 
Kong; and 
(e) may publish the order or, if the order is varied 
on appeal, the order as so varied in any other 
publication or manner as the Committee 
thinks fit."; 
"(4) For the purposes of subsection (l)(c), an appeal to 
the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having been 
made to the Court of Final Appeal; or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or IP /N/IIHKGID/2/ Add.4 
IP/N/IIHKGIP/3/ Add.5 
IP/N/IIHKGIT/4/Add.l 
Page 72 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A289 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(5) In subsection (4)-
"'application for leave to appeal" (LWfffFPJ$-mJ) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (m ~ ~AA)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii), the period of 
28 days within which the notice of motion 
referred to in section 24(4) of the Hong 
Kong Court of Final Appeal Ordinance 
(Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
108. Appeals from decisions or orders 
of the Disciplinary Board 
Section 27 is amended-
(a) in subsection (1), by adding "or order" after "with the decision"; 
(b) in subsection (2), by adding "or order" after "decision". IPINIIIHKGID121 AddA 
IPINI 1 IHKGIP131 Add.5 
IPINIIIHKGIT14/Add.I 
Page 73 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A29I 
ORDINANCE 
Social Workers Registration Ordinance 
109. Appeal to Court of Appeal 
Section 33(5) of the Social Workers Registration Ordinance (Cap. 505) is 
repealed. 
Related Amendments 
110. Interpretation 
Section 2 is amended by adding-
"(3) For the purposes of sections 31(2) and 32(1), an appeal to the 
Court of Appeal shall be deemed to be finally determined when the 
earliest of the following events occurs, whichever is applicable in the 
circumstances-
(a) ,when the appeal to the Court of Appeal is withdrawn or 
abandoned; 
(b) when the specified period expires without an application for 
leave to appeal having been made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an application 
for leave to appeal is made to the Court of Appeal-
(i) when the application is withdrawn or abandoned; 
(ii) if the application is refused, when the specified period 
expires without an application for leave to appeal 
having been made to the Court of Final Appeal; or 
(iii) if the application is granted, when the appeal to the 
Court of Final Appeal is withdrawn, abandoned or 
disposed of; or 
(d) if, before the expiry of the specified period, an application 
for leave to appeal is made to the Court of Final Appeal­
, (i) when the application is withdrawn, abandoned or 
refused; or 
(ii) if the application is granted, when the appeal to the 
Court of Final Appeal is withdrawn, abandoned or 
disposed of. 
(4) In subsection (3)-
"application for leave to appeal" (~~)fr-FPJ $~) means an application 
made to, the Court of Appeal or the Court of Final Appeal under 
section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 
484) for leave to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; IPINIlIHKGID/2/ AddA 
IPIN/IIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 74 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A293 
"specified period" (m ~ ~~m)-
(a) in the case of an application for leave to appeal made to the 
Court of Appeal, means-
(i) subject to subparagraph (ii) , the period of 28 days 
within which the notice of motion referred to in section 
24(2) of the Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-day period 
, referred to in subparagraph (i), the Court of Appeal 
extends that period, the period as so extended; or 
(b) in the case of an application for leave to appeal made to the 
Court of Final Appeal, means-
(i) subject to subparagraph (ii), the period of 28 days 
within which the notice of motion referred to in section 
24(4) of the Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-day period 
referred to in subparagraph (i), the Court of Final 
Appeal extends that period, the period as so 
extended." . 
111. Removal of name from Register 
Section 22(3) is amended by repealing "the Board or the Court of Appeal" 
and substituting "the Court of Final Appeal, the Court of Appeal or the 
Board". 
112. Service and implementation of 
disciplinary orders 
Section 31 (2) 'is amended-
(a) by repealing ", and in the event of an appeal under that section, 
until the order is affirmed or varied by the Court of Appeal" and 
substituting "or, in the case of an appeal made to the Court of 
Appeal against the disciplinary order under that section, before 
the appeal is finally determined"; 
(b) by repealing "in the latter case" and substituting "if the 
disciplinary order is varied on appeal". 
113. Publication of disciplinary orders 
Section 32(1) is amended-IPIN/IIHKGID/2/ Add.4 
IPINIlIHKG/P/3/ Add.5 
IPIN/IIHKG/T/4/Add.l 
Page 75 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
. ORDINANCE Ord. No. 10 of 2005 A295 
(a) by repealing "an appeal under section 33 against a disciplinary 
order may be made, or where in the case of an appeal the order 
is affirmed or varied or the appeal is abandoned" and 
substituting "an appeal may be made to the Court of Appeal 
under section 33 against a disciplinary order or, if such an 
appeal has been made, after the appeal is finally determined"; 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied'" , 
(c) in paragraph (b), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied". 
Landscape Architects Registration Ordinance 
114. Appeal to Court of Appeal 
Section 28(5) of the Landscape Architects Registration Ordinance (Cap. 
516) is repealed. 
Related Amendments 
115. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 26(2) and 27(1), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
whichever is applicable in the circumstances-
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
(c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; IP /N/l/HKGID121 Add.4 
IP/N/l/HKG/P/31 Add.5 
IP/N/l/HKGIT14/Add.1 
Page 76 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A297 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (LWJftffPJ$~) means an 
application made to the Court of Appeal or the Court 
of Final ARpeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (1~ ~ ~&AA)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii), the period of 
28 days within which the notice of motion 
referred to in section 24(2) of the Hong 
Kong Court of Final Appeal Ordinance 
(Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii), the period of 
28 days within which the notice of motion 
referred to in section 24(4) of the Hong 
Kong Court of Final Appeal Ordinance 
(Cap. 484) is required to be filed; or STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPIN/IIHKGID/2/ AddA 
IPINIlIHKG/P/3/Add.5 
IPINIlIHKG/T/4/Add.1 
Page 77 
Ord. No. 10 of 2005 A299 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
116. Removal of name from the register 
Section 19(3) is amended by adding "the Court of Final Appeal," before 
"the Court of Appeal". 
117. Service of orders of inquiry committee 
Section 26(2) is amended-
(a) by repealing "28 days" and substituting "3 months"; 
(b) by repealing ", and in the event of an appeal under section 28 or 
until the time therefor has expired shall await the decision of the 
Court of Appeal" and substituting "or, in the case of an appeal 
made to the Court of Appeal against the order under section 28, 
before the appeal is finally determined". 
118. Publication of disciplinary orders 
Section 27(1) is amended-
(a) by repealing "an appeal under section 28 against an order of an 
inquiry committee under section 23(1)(a) to (e) may be made, or 
where in the case of an appeal the order is affirmed or varied or 
the appeal is abandoned" and substituting "an appeal may be 
made to the Court of Appeal under section 28 against an order 
of an inquiry committee made under section 23(1)(a), (b), (c), (d) 
or (e) or, if such an appeal has been made, after the appeal is 
finally determined"; 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied'" , 
(c) in paragraph (b), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied". 
119. Appeal to Court of Appeal 
Section 28 is amended-
(a) in subsection (1), by adding "or order" after "decision"; IP /N/l/HKGID/2/ Add.4 
IP/N/l/HKG/P/3/ Add.5 
IP/N/l/HKGfT/4/ Add. 1 
Page 78 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A301 
(b) in subsection (2), by adding "or order" after "decision"; 
(c) in subsection (3), by repealing "a decision" and substituting "an 
order". 
Chinese Medicine Ordinance 
120. Appeals against orders of 
Practitioners Board 
Section 103(3) of the Chinese Medicine Ordinance (Cap. 549) is repealed. 
Related Amendments 
121. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 98(5)(b) and 104(4) 
and (5), an appeal to the Court of Appeal shall be deemed to 
be finally determined when the earliest of the following 
,events occurs, whichever is applicable in the circumstances­
(a) when the appeal to the Court of Appeal is 
withdrawn or abattdoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIlIHKGID121 Add.4 
IPINI 1 IHKGIP13 I Add.5 
IPINIlIHKGIT/41 Add. 1 
Page 79 
Ord. No. 10 of 2005 A303 
(d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (...t~JF~rpJ$~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
"specified period" (flit Fljj ~Wn-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii), the period of 
28 days within which the notice of motion 
referred to in section 24(2) of the Hong 
Kong Court of Final Appeal Ordinance 
(Cap. 484) is required to be filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the pei-iod as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii) , the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". IPINIl/HKG/D/2/ AddA 
IPINIl/HKG/P/3/ Add.5 
IPINIl/HKG/T/4/Add.1 
Page 80 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
122. Disciplinary powers of Practitioners Board Ord. No. 10 of 2005 A305 
Section 98(5)(b) is amended by repealing "after a decision of the Court of 
Appeal has been made" and substituting "after the appeal is finally determined". 
123. Publication of orders 
Section 104 is amended­
(a) in subsection (4)-
(i) by repealing "after a decision affirming or varying the order 
has been made by the Court of Appeal" and substituting 
"after the appeal is finally determined"; 
(ii) 'by repealing "the order as affirmed or varied on appeal" 
and substituting "the order or, if the order is varied on 
appeal, the order as so varied"; 
(b) in subsection (5)-
(i) by repealing "after a decision affirming or varying the order 
has been made by the Court of Appeal" and substituting 
"after the appeal is finally determined"; 
(ii) 'by repealing "the order as affirmed or varied on appeal" 
and substituting "the order or, if the order is varied on 
appeal, the order as so varied". 
Housing Managers Registration Ordinance 
124. Appeal to Court of Appeal 
Section 28(5) of the Housing Managers Registration Ordinance (Cap. 
550) is repealed. 
Related Amendments 
125. Interpretation 
Section 2 is amended-
(a) by renumbering it as section 2(1); 
(b) by adding-
"(2) For the purposes of sections 26(2) and 27(1), an 
appeal to the Court of Appeal shall be deemed to be finally 
determined when the earliest of the following events occurs, 
, whichever is applicable in the circumstances-STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP/N/1/HK.G/D/2/ Add.4 
IP/N/1/HK.G/P/3/ Add.5 
IP/N/1/HK.G/T/4/ Add. I 
Page 81 
Ord. No. 10 of 2005 A307 
(a) when the appeal to the Court of Appeal is 
withdrawn or abandoned; 
(b) when the specified period expires without an 
application for leave to appeal having been 
made to the Court of Appeal; 
( c) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Appeal-
(i) when the application is withdrawn or 
abandoned; 
(ii) if the application is refused, when the 
specified period expires without an 
application for leave to appeal having 
been made to the Court of Final Appeal; 
or 
(iii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of; or 
( d) if, before the expiry of the specified period, an 
application for leave to appeal is made to the 
Court of Final Appeal-
(i) when the application is withdrawn, 
abandoned or refused; or 
(ii) if the application is granted, when the 
appeal to the Court of Final Appeal is 
withdrawn, abandoned or disposed of. 
(3) In subsection (2)-
"application for leave to appeal" (_..t ~JFm:PJ $ ~) means an 
application made to the Court of Appeal or the Court 
of Final Appeal under section 24 of the Hong Kong 
Court of Final Appeal Ordinance (Cap. 484) for leave 
to appeal to the Court of Final Appeal from a 
judgment of the Court of Appeal; 
'''specified period" (~~~AA)-
(a) in the case of an application for leave to 
appeal made to the Court of Appeal, means-
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(2) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or IP/N/1/HKG/D/2/ Add.4 
IP/N/1/HKG/P/3/ Add.5 
IP/N/1/HKG/T/4/Add.1 
Page 82 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE· Ord. No. 10 of 2005 A309 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Appeal extends that 
period, the period as so extended; or 
(b) in the case of an application for leave to 
appeal made to the Court of Final Appeal, 
means-
(i) subject to subparagraph (ii), the period 
of 28 days within which the notice of 
motion referred to in section 24(4) of the 
Hong Kong Court of Final Appeal 
Ordinance (Cap. 484) is required to be 
filed; or 
(ii) if, on an application made within the 28-
day period referred to in subparagraph 
(i), the Court of Final Appeal extends 
that period, the period as so extended.". 
126. Removal of name from the register 
Section 19(3) is amended by adding "the Court of Final Appeal," before 
"the Court of Appeal". 
127. Service of orders of inquiry committee 
Section 26(2) is amended-
( a) by repealing ", and in the event of' and substituting "or, in the 
case of'; 
(b) by repealing "shall await the decision of the Court of Appeal" 
and substituting "before the appeal is finally determined". 
128. Publication of disciplinary orders 
Section 27(1) is amended-
(a) by repealing "an appeal under section 28 against an order of an 
inquiry committee under section 23(1) may be made, or where in 
the .case of an appeal the order is affirmed or varied or the 
appeal is abandoned" and substituting "an appeal may be made 
to the Court of Appeal under section 28 against an order of an 
inquiry committee made under section 23(1) or, if such an appeal 
has been made, after the appeal is finally determined"; IP/N/l/HK.G/D/2/Add.4 
IP/N/l/HK.G/P/3/ Add.5 
IP /Nil/HK.GIT /4/ Add. I 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 Page 83 
A311 
(b) in paragraph (a), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied"· ' (c) in paragraph (b), by repealing "or the order as varied on appeal" 
and substituting "or, if the order is varied on appeal, the order as 
so varied". 
129. Appeal to Court of Appeal 
Section 28 is amended-
( a) in subsection (2), by adding "or order" after "decision"; 
(b) in subsection (3), by repealing "a decision" and substituting "an 
order". 
PART 4 
AMENDMENTS RELATING TO JUDICIAL OFFICERS 
Division 1-To require disclosure of interest in the selection 
process of judicial officers 
Judicial Officers Recommendation Commission Ordinance 
130. Judicial Officers Recommendation Commission 
Section 3( 5B) of the Judicial Officers Recommendation Commission 
Ordinance (Cap. 92) is amended by repealing "is exercising its functions under 
section 6(a) of this Ordinance in relation to the filling of vacancies under 
sections 7 and 8 of the Hong Kong Court of Final Appeal Ordinance (Cap. 
484) or to the extension of the term of office of the Chief Justice under section 
14 of that Ordinance, a member" and substituting-
"is exercising its functions-
( a) in relation to the filling of vacancies in judicial offices under 
section 6(a); or 
( b) in relation to the extension of the term of office of the Chief 
Justice under section 14 of the Hong Kong Court of Final 
· Appeal Ordinance (Cap. 484), 
a member". IP/N/l/HK.G/D/2/Add.4 
IP/N/l/HK.G/P/3/ Add.5 
IP/N/l/HK.G/T/4/Add.l 
Page 84 
STATUTE LAW. (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 
Division 2-To update the list of judicial offices in the Judicial Officers 
Recommendation Commission Ordinance 
Judicial Officers Recommendation Commission Ordinance 
131. Judicial office A313 
Schedule 1 to the Judicial Officers Recommendation Commission 
Ordinance (Cap. 92) is amended-
( a) by repealing-
"Member of the Lands Tribunal 
(being a member who is in the full-time service of the 
Government)" 
and· substituting-
"Member of the Lands Tribunal appointed under section 
4(1)(c) of the Lands Tribunal Ordinance (Cap. 17)"; 
(b) by adding-
"Registrar of the Court of Final Appeal" 
after 
"Adjudicator, Small Claims Tribunal"; 
( C) by adding-
"Senior Deputy Registrar, High Court" 
after-
"Registrar of the High Court". 
Division 3--To make provisions or further provisions for the 
prof ~ssional qualifications of certain judicial officers 
High Court Ordinance 
132. Professional qualifications of judges 
Section 9 of the High Court Ordinance (Cap. 4) is amended­
(a) in subsection (1)-
(i) in paragraph (a), by repealing "as an advocate" and 
substituting "as a barrister or advocate"; 
(ii) by repealing "as an advocate or solicitor" and substituting 
"as a barrister, solicitor or advocate"; STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
(b) in subsection (2)-IP/N/1/HKG/D/2/ Add.4 
IP/N/1/HKG/P/3/ Add.5 
IP/N/1/HKG/T/4/Add.l 
Page 85 
Ord. No. 10 of 2005 A315 
(i) in paragraph (a), by repealing "as an advocate" and 
substituting "as a barrister or advocate"; 
(ii) . by adding-
"(iv a) been the Registrar of the Hong Kong Court of 
Final Appeal appointed in accordance with 
section 42 of the Hong Kong Court of Final 
Appeal Ordinance (Cap. 484); 
(ivb) been the Registrar or a senior deputy registrar, 
deputy registrar or assistant registrar appointed in 
accordance with section 37; 
(ivc) been the Registrar of the District Court or a 
deputy registrar or assistant registrar of the 
District Court, appointed in accordance with 
section 14 of the District Court Ordinance (Cap. 
336)·"· ' ' (iii) in paragraph (v), by repealing "by warrant under" and 
substituting "in accordance with"; 
(iv) 'by adding-
"(va) been a coroner appointed in accordance with 
section 3 of the Coroners Ordinance (Cap. 504); 
(vb) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
(vc) been a presiding o{ficer appointed in accordance 
with section 4 of the Labour Tribunal Ordinance 
(Cap. 25);"; 
(v) in paragraph (viii), by repealing "a Director, Deputy 
Director, Assistant Director of Legal Aid or Legal Aid 
Officer" and substituting "the Director of Legal Aid or a 
Deputy Director of Legal Aid, Assistant Director of Legal 
Aid or Legal Aid Officer,"; 
(vi) · in paragraph (ix), by repealing "an Official Receiver," and 
substituting "the Official Receiver or an"; 
(vii) in paragraph (x), by repealing "a Director, Deputy Director 
or Assistant Director of Intellectual Property or a Senior 
Solicitor," and substituting "the Director of Intellectual 
Property or a Deputy Director of Intellectual Property, 
Assistant Director of Intellectual Property, Senior Solicitor 
. or Solicitor,"; IP/N/1/HKG/D/2/ Add.4 
IP/N/1/HKG/P/3/ Add.5 
IP/N/1/HKG/T /4/ Add.1 
Page 86 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A317 
(c) in subsection (2A)(c)(i), by repealing "as an advocate or 
solicitor" and substituting "as a barrister, solicitor or advocate"; 
(d) in subsection (3), by repealing "as an advocate or solicitor" and 
substituting "as a barrister, solicitor or advocate"; 
(e) in subsection (5), by adding "Part I of the First Schedule to" 
after "specified in". 
133. Registrar of High Court 
Section 3 7 is amended-
( a) in subsection (1), by adding "senior deputy registrars," before 
"deputy registrars"; 
(b) in subsection (2), by adding "senior deputy registrars," before 
"deputy registrars". 
134. Sections added 
The following are added immediately after section 37-
"37 AA. Professional qualifications of Registrar, 
senior deputy registrars, deputy 
registrars and assistant registrars 
(1) A person shall be eligible to be appointed as the Registrar if-
(a) · he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a senior deputy registrar, deputy registrar or 
assistant registrar appointed in accordance with section 
37; 
(iii) been a District Judge appointed in accordance with 
section 4 or 7 of the District Court Ordinance (Cap. 
336); 
(iv) been the Registrar of the District Court or a deputy 
registrar or assistant registrar of the District Court, 
appointed in accordance with section 14 of the District 
Court Ordinance (Cap. 336); STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP/N/1/HKG/D/2/ Add.4 
IP/N/1/HKG/P/3/Add.5 
IP/N/1/HKG/T/4/ Add. I 
Page 87 
Ord. No. 10 of 2005 A319 
(v) been a permanent magistrate appointed in accordance 
with section 5 of the Magistrates Ordinance (Cap. 227); 
(vi) been a coroner appointed in accordance with section 3 
of the Coroners Ordinance (Cap. 504); 
(vii) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
(viii) been a presiding officer appointed in accordance with 
section 4 of the Labour Tribunal Ordinance (Cap. 25); 
(ix) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(x) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
· (xi) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(xii) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) A person shall be eligible to be appointed as a senior deputy 
registrar if- ' 
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a deputy registrar or assistant registrar appointed 
in accordance with section 37; 
· (iii) been a District Judge appointed in accordance with 
section 4 or 7 of the District Court Ordinance (Cap. 336); 
(iv) been the Registrar of the District Court or a deputy 
registrar or assistant registrar of the District Court, 
appointed in accordance with section 14 of the District 
Court Ordinance (Cap. 336); IP/N/1/HKG/D/2/ Add.4 
IP/N/1/HKG/P/3/ Add.5 
IP/N/1/HKG/T/4/ Add.1 
Page 88 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A321 
(v) been a permanent magistrate appointed in accordance 
with section 5 of the Magistrates Ordinance (Cap. 227); 
(vi) been a coroner appointed in accordance with section 3 
of the Coroners Ordinance (Cap. 504); 
(vii) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
(viii) been a presiding officer appointed in accordance with 
section 4 of the Labour Tribunal Ordinance (Cap. 25); 
(ix) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(x) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(xi) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(xii) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(3) A person shall be eligible to be app9inted as a deputy registrar 
if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
, in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
. (ii) been an assistant registrar appointed in accordance 
with section 37; 
(iii) been a District Judge appointed in accordance with 
section 4 or 7 of the District Court Ordinance (Cap. 336); 
(iv) been the Registrar of the District Court or a deputy 
registrar or assistant registrar of the District Court, 
appointed in accordance with section 14 of the District 
Court Ordinance (Cap. 336); STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIlIHKGID/2/ Add A 
IPIN/IIHKG/P/3/ Add.S 
IPIN/IIHKG/T/4/Add.l 
Page 89 
Ord. No. 10 of 2005 A323 
(v) been a permanent magistrate appointed in accordance 
with section 5 of the Magistrates Ordinance (Cap. 227); 
(vi) been a coroner appointed in accordance with section 3 
of the Coroners Ordinance (Cap. 504); 
{vii) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
(viii) been a presiding officer appointed in accordance with 
section 4 of the Labour Tribunal Ordinance (Cap. 25); 
(ix) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(x) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(xi) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(xii) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(4) A person shall be eligible to be appointed as an assistant 
registrar if-, 
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a District Judge appointed in accordance with 
section 4 or 7 of the District Court Ordinance (Cap. 
336); 
(iii) been the Registrar of the District Court or a deputy 
registrar or assistant registrar of the District Court, 
appointed in accordance with section 14 of the District 
Court Ordinance (Cap. 336); IP/N/IIHKGID/2/ Add.4 
IP /N/IIHKG/P/3/ Add.5 
IP/N/IIHKGIT/4/Add.1 
Page 90 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A325 
(iv) been a permanent magistrate appointed in accordance 
with section 5 of the Magistrates Ordinance (Cap. 227); 
, (v) been a coroner appointed in accordance with section 3 
of the Coroners Ordinance (Cap. 504); 
(vi) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
(vii) been a presiding officer appointed in accordance with 
section 4 of the Labour Tribunal Ordinance (Cap. 25); 
(viii) been a legal officer as defined in section 2 of the Legal 
, Officers Ordinance (Cap. 87); 
(ix) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(x) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
. (xi) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
. (Cap. 412). 
(5) For the purposes of calculating the period of 5 years referred to 
in subsections (l)(b), (2)(b), (3)(b) and (4)(b)-
(a) periods of less than 5 years falling within any of the 
subparagraphs of subsection (l)(b), (2)(b), (3)(b) or (4) (b) , 
as the case may be, may be combined; 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
'Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance. 
37 AB. Appointment of temporary registrar 
(1) The Chief Justice may appoint a person who is eligible under 
section 37AA(l) to be appointed as the Registrar to be a temporary 
registrar if-
(a) . the office of the Registrar becomes vacant for any reason; 
or STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIlIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/ Add. 1 
Page 91 
Ord. No. 10 of 2005 A327 
(b) he considers that the interest of the administration of justice 
requires that a temporary registrar should be appointed. 
(2) Without prejudice to the generality of the power conferred on 
him by subsection (1), the Chief Justice may appoint a temporary registrar 
for a specified period only. 
(3) The Chief Justice may terminate the appointment of a 
temporary registrar at any time. 
(4) In this section and section 40A, "temporary registrar" (!T~RJ1! 
1Ir~'§) means a person appointed under subsection (1) to be a temporary 
registrar. 
37 AC. Appointment of temporary senior 
deputy registrars 
(1) The Chief Justice may appoint a person who is eligible under 
section 37 AA(2) to be appointed as a senior deputy registrar to be a 
temporary senior deputy registrar if-
(a) the office of any senior deputy registrar becomes vacant for 
any reason; or 
(b) he considers that the interest of the administration of justice 
requires that a temporary senior deputy registrar should be 
appointed. 
(2) Without prejudice to the generality of the power conferred on 
him by subsection (1), the Chief Justice may appoint a temporary senior 
deputy registrar for a specified period only. 
(3) The Chief Justice may terminatt; the appointment of a 
temporary senior deputy registrar at any time. 
(4) A temporary senior deputy registrar may be called Master. 
(5) In this section and section 40A, "temporary senior deputy 
registrar" (!T~[Wjt.&IURJ1!1jt~'§) means a person appointed under 
subsection (1) to be a temporary senior deputy registrar.". 
135. Appointment of temporary deputy registrars 
Section 37A(1) is amended by adding "who is eligible under section 
37 AA(3) to be appointed as a deputy registrar" after "a person". 
136. Appointment of temporary assistant registrars 
Section 37B(1) is amended by adding "who is eligible under section 
37AA(4) to be appointed as an assistant registrar" after "a person". IPINIlIHKGID121 Add.4 
IPINI 1 IHKG/P/31 Add.5 
IPINIIIHKG/T/4/Add.1 
Page 92 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
137. Powers of temporary registrar, etc. in case which 
is part-heard on termination of appointment 
Section 40A is amended-Ord. No. 10 of 2005 A329 
(a) in subsection (1), by repealing "temporary deputy registrar" 
wherever it appears and substituting "temporary registrar"; 
(b) in subsection (2), by repealing "apply to a temporary assistant 
registrar as it applies to a temporary deputy registrar" and 
substituting "apply to a temporary senior deputy registrar, 
temporary deputy registrar or temporary assistant registrar as it 
applies to a temporary registrar". 
Lands Tribunal Ordinance 
138. Section substituted 
Section 4 of the Lands Tribunal Ordinance (Cap. 17) is repealed and the 
following substituted-
"4. Constitution of Tribunal 
(1) The,Tribunal shall consist of the following members-
(a) the President, who shall be one of the Judges of the High 
Court and shall be appointed by the Chief Executive; 
(b) the presiding officers referred to in subsection (2); 
(c) such members as may be appointed by the Chief Executive 
and who are eligible under subsection (3) or (4) for 
appointment; and 
(d) the temporary members. 
(2) Every District Judge and deputy District Judge shall by virtue of 
his office be a presiding officer. 
(3) A person shall be eligible to be appointed under subsection (l)(c) 
as a member of the Tribunal if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
,criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPINIIIHKGID121 Add.4 
IPINIlIHKGIP13/Add.5 
IP INI1 IHKG/T 141 Add. 1 
Page 93 
Ord. No. 10 of 2005 A331 
(ii) been the registrar or a deputy registrar or assistant 
registrar of the District Court appointed in accordance 
with section 14 of the District Court Ordinance (Cap. 
336); 
(iii) been a permanent magistrate appointed in accordance 
with section 5 of the Magistrates Ordinance (Cap. 227); 
(iv) been a coroner appointed in accordance with section 3 
of the Coroners Ordinance (Cap. 504); 
(v) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
(vi) been a presiding officer appointed in accordance with 
section 4 of the Labour Tribunal Ordinance (Cap. 25); 
(vii) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(viii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
,(ix) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(x) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(4) Notwithstanding subsection (3), a person shall also be eligible to 
be appointed under subsection (l)(c) as a member of the Tribunal if he is 
a Corporate Member in the General Practice Division of The Hong Kong 
Institute of Surveyors incorporated by The Hong Kong Institute of 
Surveyors Ordinance (Cap. 1148), or a holder of an equivalent 
professional qualification, with at least 5 years' experience in the practice 
of land valuation. 
(5) For the purposes of calculating the period of 5 years referred to 
in subsection (3)(b)-
(a) periods of less than 5 years falling within any of the 
subparagraphs of that subsection may be combined; IPINIlIHKGID/2/ Add.4 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/ Add.1 
Page 94 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A333 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance.". 
139. Appointment and powers of temporary members 
Section 6A(1) is repealed and the following substituted-
"(1) The Chief Justice may appoint a person who is eligible under 
section 4(3) or (4) to be appointed as a member of the Tribunal under 
section 4(1)( c) to be a temporary member of the Tribunal for such period 
and on such terms as he may think fit.". 
Labour Tribunal Ordinance 
140. Section added 
The Labour Tribunal Ordinance (Cap. 25) is amended by adding-
"4A. Professional qualifications 
of -presiding officers 
(1) A person shall be eligible to be appointed as a presiding officer 
if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
,in a court in Hong Kong o~ any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(iii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(iv) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP IN/l/HKGID/2/ AddA 
IPINIl/HKG/P/3/ Add. 5 
IPINIl/HKG/T/4/Add.l 
Page 95 
Ord. No. 10 of 2005 A335 
(v) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) For the purposes of calculating the period of 5 years referred to 
in subsection (1)(b)-
(a) periods of less than 5 years falling within any of the 
, subparagraphs of that subsection may be combined; 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance.". 
141. Appointmen~ of deputy presiding officers 
Section 5A(1) is amended by adding "who is eligible under section 4A to 
be appointed as a presiding officer" after "any person". 
Magistrates Ordinance 
142. Sections add,ed 
The Magistrates Ordinance (Cap. 227) is amended by adding immediately 
after section 5- . 
"SAA. Professional qualifications of 
permanent magistrates 
(1) A person shall be eligible to be appointed as a permanent 
magistrate if-' 
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
, (i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a legal officer; IP INIlIHKGID/2/ Add A 
IPINIlIHKG/P/3/ Add.S 
IPIN/IIHKG/T/4/Add.l 
Page 96 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A337 
(iii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(iv) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(v) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) Notwithstanding subsection (1), a person shall also be eligible to 
be appointed as a permanent magistrate if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) whether before or since becoming so qualified, he has for a 
period of or periods totalling not less than 5 years been a 
'special magistrate appointed in accordance with section 5. 
(3) For the purposes of calculating the period of 5 years referred to 
in subsection (l)(b)-
(a) periods of less than 5 years falling within any of the 
subparagraphs of that subsection may be combined; 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
,Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance. 
SAB. Professional qualifications 
of special magistrates 
(1) A person shall be eligible to be appointed as a special magistrate 
if-
(a) ,he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-STATUTE LAW' (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP/NIl/HKGIDI2/ Add.4 
IP/NIl/HKG/P/3/ Add.S 
IP /N1l/HKG/T /4/ Add. 1 
Page 97 
Ord. No. 10 of 2005 A339 
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a legal officer; 
(iii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(iv) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(v) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) Notwithstanding subsection (1), a person shall also be eligible to 
be appointed as a special magistrate if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
. in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) whether before or since becoming so qualified, he has for a 
period of or periods totalling not less than 5 years served in 
the grade of Court Prosecutor, Court Interpreter or Judicial 
Clerk in the Government. 
(3) For-the purposes of calculating the period of 5 years referred to 
in subsection (1)(b)-
(a) periods of less than 5 years falling within any of the 
subparagraphs of that subsection may be combined; 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance.". 
143. Appointment of deputy magistrates 
Section 5A(1) is amended by adding "who is eligible under section 5AA to 
be appointed as a permanent magistrate or under section 5AB to be appointed 
as a special magistrate" after "any person". IPINIlIHKGID121 Add.4 
IPINIlIHKG/P/31 Add.5 
IF INIllHKGIT 141 Add.l 
Page 98 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A341 
District Court Ordinance 
144. Professional qualifications of District Judges 
Section 5 of the District Court Ordinance (Cap. 336) is amended­
(a) in subsection (1)-
(i) in paragraph (a), by repealing "as an advocate or as a 
solicitor" and substituting "as a barrister, solicitor or 
advocate" ; 
(ii) in paragraph (b)-
,(A) in subparagraph (i), by repealing "as an advocate or 
solicitor" and substituting "as a barrister, solicitor or 
advocate"· , 
(B) by adding-
"(ia) been the Registrar of the High Court or a 
senior deputy registrar, deputy registrar or 
assistant registrar of the High Court, 
appointed in accordance with section 37 of 
the High Court Ordinance (Cap. 4); or 
(ib) been the Registrar or a deputy registrar or 
assistant registrar appointed in accordance 
with section 14· or"· , , 
(C) in subparagraph (v), by repealing "by warrant under" 
and substituting "in accordance with"; 
,(D) by adding-
"(va) been a coroner appointed in accordance with 
section 3 of the Coroners Ordinance (Cap. 
504); or 
(vb) been an adjudicator appointed in accordance 
with section 4 of the Small Claims Tribunal 
Ordinance (Cap. 338); or 
(ve) been a presiding officer appointed in 
accordance with section 4 of the Labour 
Tribunal Ordinance (Cap. 25); or"; 
(E) in subparagraph (viii), by repealing "a Director, 
Deputy Director, Assistant Director of Legal Aid or 
Legal Aid Officer" and substituting "the Director of 
Legal Aid or a Deputy Director of Legal Aid, Assistant 
Director of Legal Aid or Legal Aid Officer,"; 
'(F) in subparagraph (ix), by repealing "an Official Receiver," 
and substituting "the Official Receiver or an"; . STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IP /N/lIHKGID/2/ AddA 
IP/N/lIHKG/P/3/ Add.5 
IP/N/lIHKG/T/4/ Add.l 
Page 99 
Ord. No. 10 of 2005 A343 
(G) in subparagraph (x), by repealing "a Director, Deputy 
Director or Assistant Director of Intellectual Property 
or a Senior Solicitor," and substituting "the Director of 
Intellectual Property or a Deputy Director of 
Intellectual Property, Assistant Director of Intellectual 
Property, Senior Solicitor or Solicitor,"; 
(b) in subsection (3), by repealing "in the repealed Registrar General 
(Establishment) Ordinance (Cap. 100) appointment to which 
was restricted to legally qualified persons" and substituting "in 
Part I of the First Schedule to the repealed Registrar General 
(Establishment) Ordinance (Cap. 100)". 
145. Appointment of deputy District Judges 
Section 7 is amended-
(a) in subsection (1)-
(i) by repealing ", who is eligible to be appointed to be a 
judge," and substituting "who is eligible under section 5 to 
be appointed as a District Judge"; 
(ii) in paragraph (a), by repealing "any judge" and substituting 
"any District Judge"; 
(b) in subsection (2), by repealing "a judge" and substituting "a 
District Judge". 
146. Officers of the Court 
Section 14(4) is amended by adding "temporary registrar, senior deputy 
registrar, temporary senior deputy registrar," before "deputy registrar, 
temporary deputy registrar," where it twice appears. 
147. Sections added 
The following are added immediately after section 14-
"14AA. Professional qualifications of 
Registrar, deputy registrars 
and assistant registrars 
(1) A person shall be eligible to be appointed as the Registrar, a 
deputy registrar or an assistant registrar if-IPINI1IHKGID121 AddA 
IPINI1IHKGIP131 Add.5 
IPINI1 IHKG/T 141 Add.l 
Page 100 
STATUTE LAW (MISCELLANEOUS P,ROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A345 
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a permanent magistrate appointed in accordance 
with section 5 of the Magistrates Ordinance (Cap. 227); 
(iii) been a coroner appointed in accordance with section 3 
of the Coroners Ordinance (Cap. 504); 
(iv) been an adjudicator appointed in accordance with 
section 4 of the Small Claims Tribunal Ordinance 
(Cap. 338); 
. (v) been a presiding officer appointed in accordance with 
section 4 of the Labour Tribunal Ordinance (Cap. 25); 
(vi) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(vii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(viii) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(ix) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) For the purposes of calculating the period of 5 years referred to 
in subsection (1 ) (b)-
(a) periods of less than 5 years falling within any of the 
subparagraphs of that subsection may be combined; 
(b) . periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance. STATUTE LAW (MISCELLANEOUS PROVISIONS) 
. ORDINANCE 
14AB. Appointment of temporary registrar IPINI1 IHKGID121 Add.4 
IPINIIIHKGIP13/Add.5 
IPINIlIHKG/T/4/Add.1 
Page 101 
Ord. No. 10 of 2005 A347 
(1) The Chief Justice may appoint a person who is eligible under 
section l4AA to be appointed as the Registrar to be a temporary registrar 
if-
(a) the office of the Registrar becomes vacant for any reason; 
.or 
(b) he considers that the interest of the administration of justice 
requires that a temporary registrar should be appointed. 
(2) Without prejudice to the generality of the power conferred on 
him by subsection (1), the Chief Justice may appoint a temporary registrar 
for a specified period only. 
(3) The Chief Justice may terminate the appointment of a 
temporary registrar at any time. 
(4) In this section and section 14C, "temporary registrar" (g~"RJl* 
#r1f§') means a person appointed under subsection (1) to be a temporary 
registrar." . 
148. Appointment of temporary deputy registrars 
Section 14A(1) is amended by adding "who is eligible under section 14AA 
to be appointed as a deputy registrar" after "a person". 
149. Appointment of temporary assistant registrars 
Section 14B(1) is amended by adding "who is eligible under section 14AA 
to be appointed as an assistant registrar" after "a person". 
150. Powers of temporary registrar, etc. in case 
which is part-heard on termination of 
appointment 
Section 14C is amended-
(a) in subsection (1), by repealing "temporary deputy registrar" 
wherever it appears and substituting "temporary registrar"; 
(b) in subsection (2), by repealing "apply to a temporary assistant 
registrar as it applies to a temporary deputy registrar" and 
substituting "apply to a temporary deputy registrar or 
temporary assistant registrar as it applies to a temporary 
registrar" . IPINIlIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 102 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A349 
ORDINANCE 
Small Claims Tribunal Ordinance 
151. Appointment of adjudicators 
Section 4(2)' of the Small Claims Tribunal Ordinance (Cap. 338) IS 
repealed. 
152. Section added 
The following is added immediately after section 4--
"4AA. Professional qualifications 
of adjudicators 
(1) A person shall be eligible to be appointed as an adjudicator if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and 
(b) 'since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
(iii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(iv) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(v) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) For the purposes of calculating the period of 5 years referred to 
in subsection (l)(b)-
(a) 'periods of less than 5 years falling within any of the 
subparagraphs of that subsection may be combined; STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE IPIN/1/HKGIDI2/ Add.4 
IPIN/1/HKG/P/3/ Add.5 
IPINIl/HKGfTI4/Add.1 
Page 103 
Ord. No. 10 of 2005 A351 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
. Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance.". 
153. Appointment and powers of 
deputy adjudicators 
Section 4A(1) is amended by repealing "qualified under section 4(2)," and 
substituting "eligible under section 4AA to be appointed as an adjudicator". 
Hong Kong Court of Final Appeal Ordinance 
154. Chief Justice 
Section 6(3) of the Hong Kong Court of Final Appeal Ordinance (Cap. 
484) is amended l;>y adding "permanent judge, a" before "Justice of Appeal" 
where it twice appears. 
155. Professional qualifications of judges 
Section 12 is amended-
(a) in subsection (1)-
(i) by repealing "or as a permanent judge"; 
, " 
(ii) by adding before paragraph (a)-
"(aa) a permanent judge;"; 
(b) by adding-
"(1 A) A person shall be eligible to be_ appointed as a 
permanent judge if he is-
(a) the Chief Judge of the High Court, a Justice 
of Appeal or a judge of the Court of First 
Instance; or 
(b) a barrister who has practised as a barrister or 
solicitor in Hong Kong for a period of at least 
10 years."; 
(c) by repealing subsection (2); 
(d) in subsection (5), by repealing "subsections (2) and (3)" and 
sub~tituting "subsection (3)". IPINI1 IHKGID121 Add A 
IPINI1IHKGIP131 Add.5 
IPINI1 IHKG/T 141 Add. 1 
Page 104 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
156. Tenure of office 
Section 14(2) is amended-Ord. No. 10 of 2005 A353 
(a) in paragraph (a), by repealing "paragraphs (b) and (c)" and 
substituting "paragraph (b)"; 
(b) in paragraph (b)-
(i) by repealing "subject to paragraph (c)"; 
(ii) by repealing the semicolon and substituting a full stop; 
(c) by repealing paragraph (c). 
157. The Registrar 
Section 42 is amended-
(a) in subsection (2), by adding "under section 37 AA(1) of the High 
Court Ordinance (Cap. 4)" after "required"; 
(b) in subsection (5), by repealing "aperson to act in his place" and 
substituting "a person who possesses the same qualifications as 
are required under section 37AA(1) of the High Court 
Ordinance (Cap. 4) for appointment as the Registrar of the High 
Court to act in the place of the Registrar". 
Coroners Ordinance 
158. Appointment of coroners 
Section 3 of the Coroners Ordinance (Cap. 504) is amended-
(a) in subsection (1), by repealing "Subject to subsection (2), the" 
and substituting "The"; 
(b) by repealing subsection (2). 
159. Section added 
The following is added immediately after section 3-
"3AA. Professional qualifications 
of coroners 
(1) A person shall be eligible to be appointed as a coroner if-
(a) he is qualified to practise as a barrister, solicitor or advocate 
in a court in Hong Kong or any other common law 
jurisdiction having unlimited jurisdiction either in civil or 
criminal matters; and STATUTE LAW (MISCELLANEOUS PROVISIONS) 
. ORDINANCE IPIN/lIHKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.S 
IPINIlIHKG/T/4/ Add. 1 
Page 105 
Ord. No. 10 of 2005 A3S5 
(b) since becoming so qualified, he has for a period of or 
periods totalling not less than 5 years-
(i) practised as a barrister, solicitor or advocate in such a 
court; 
(ii) been a legal officer as defined in section 2 of the Legal 
Officers Ordinance (Cap. 87); 
. (iii) been the Director of Legal Aid or a Deputy Director of 
Legal Aid, Assistant Director of Legal Aid or Legal 
Aid Officer, appointed in accordance with section 3 of 
the Legal Aid Ordinance (Cap. 91); 
(iv) been the Official Receiver or an Assistant Official 
Receiver (Legal), Assistant Principal Solicitor, Senior 
Solicitor or Solicitor, appointed in accordance with 
section 75 of the Bankruptcy Ordinance (Cap. 6); or 
(v) been the Director of Intellectual Property or a Deputy 
Director of Intellectual Property, Assistant Director of 
Intellectual Property, Senior Solicitor or Solicitor, 
appointed in accordance with section 3 of the Director 
of Intellectual Property (Establishment) Ordinance 
(Cap. 412). 
(2) For the purposes of calculating the period of 5 years referred to 
in subsection'(1)(b)-
(a) periods of less than 5 years falling within any of the 
subparagraphs of that subsection may be combined; 
(b) periods served in an office specified in Part I of the First 
Schedule to the repealed Registrar General (Establishment) 
Ordinance (Cap. 100) may be taken into account 
notwithstanding the repeal of that Ordinance.". 
160. Appointment of deputy coroners 
Section 3A(1) is amended by repealing "who meets the requirement in 
section 3(2)" and substituting "who is eligible under section 3AA to be 
appointed as a coroner". 
Saving Provisions 
161. Saving provisions 
For the avoidance of doubt-IPINIlIHKGID121 Add A 
IPINIlIHKG/P/3/Add.5 
IPINIlIHKG/T/4/Add.l 
Page 106 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A357 
(a) the amendments made by section 142 to the Magistrates 
Ordinance (Cap. 227) shall not affect the appointment of any 
person who has been appointed as a permanent magistrate or a 
special magistrate under section 5 of that Ordinance and who 
holds that office immediately before the date of commencement 
of section 142; and 
(b) where the person referred to in paragraph (a) is appointed for a 
specified term, the specified term may be renewed, extended, 
further renewed or further extended as if section 142 had not 
been enacted. 
Consequential Amendments 
Interpretation and General Clauses Ordinance 
162. Interpretation of words 
and expressions 
Section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) is 
amended, in the definition of "Registrar of the High Court", by repealing 
"Deputy or Assistant Registrar" and substituting "Senior Deputy Registrar, 
Deputy Registrar or Assistant Registrar". 
Jury Ordinance 
163. Exemptions from service 
Section 5 of the Jury Ordinance (Cap. 3) is amended-
(a) in subsection (l)(b)(i), by adding "Senior Deputy Registrar," 
before "Deputy Registrar"; 
(b) in subsection (2), by adding-
"(aa) "Senior Deputy Registrar" C~t.&IUPJ~1It~1r) means 
Senior Deputy Registrar of the High Court;". 
High Court Ordinance 
164. Interpretation 
Section 2 of the High Court Ordinance (Cap. 4) is amended, III the 
definition of "Master", by adding "37AC," after "sections 37,". STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
The Rules of the High Court 
165. Definitions . IPINIlIHKGID121 AddA 
IPINI1 IHKG/P/31 Add.5 
IP INI1 IHKG/T 141 Add. 1 
Page 107 
Ord. No. 10 of 2005 A359 
Order 1, rule 4(1) of the Rules of the High Court (Cap. 4 sub. leg. A) is 
amended-
(a) in the definition of "master", by repealing "the Registrar, and 
Deputy and Assistant Registrars" and substituting "the 
Registrar of the High Court and a Senior Deputy Registrar, 
Deputy Registrar or Assistant Registrar of the High Court"; , 
(b) in the definition of "Registrar", by repealing "a Deputy 
Registrar or an Assistant Registrar" and substituting "a Senior 
Deputy Registrar, Deputy Registrar or Assistant Registrar of 
the High Court". 
166. Interpretation 
Order 62, rule 1(1) is amended, in the definition of "contentious business", 
by repealing "as a solicitor or advocate" and substituting "as a barrister, 
solicitor or advocate". 
Bankruptcy Ordinance 
167. Interpretation 
Section 2 of the Bankruptcy Ordinance (Cap. 6)is amended, in the definition 
of "Registrar", by repealing "Deputy or Assistant Registrar" and substituting 
"Senior Deputy Registrar, Deputy Registrar or Assistant Registrar". 
168. Jurisdiction of Registrar 
Section 99A(7) is amended, in the definition of "Registrar", by adding­
"(aa) any Senior Deputy Registrar of the High Court;". 
Bankruptcy Rules 
169. Interpretation 
Rule 2 of the Bankruptcy Rules (Cap. 6 sub. leg. A) is amended, in the 
definition of "Registrar", by repealing "the Deputy or Assistant Registrar" 
and substituting "any Senior Deputy Registrar, Deputy Registrar or Assistant 
Registrar" . IPIN/1IHKG/D/2/ Add A 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 108 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 
Probate and Administration Ordinance 
170. Interpretation A36l 
Section 2 of the Probate and Administration Ordinance (Cap. 10) is 
amended, in the definition of "Registrar", by repealing "Deputy or Assistant 
Registrar" and substituting "Senior Deputy Registrar, Deputy Registrar or 
Assistant Registrar". 
171. Registrar to be Official 
Administrator 
Section 9(5) is amended-
(a) by repealing "include Deputy or Assistant Registrar" and 
substituting "include a Senior Deputy Registrar, Deputy 
Registrar or Assistant Registrar of the High Court"; 
(b) by repealing "a Deputy or Assistant Registrar" and substituting 
"a Senior Deputy Registrar, Deputy Registrar or Assistant 
Registrar of the High Court". 
Companies Ordinance 
172. Jurisdiction of Registrar 
Section 222A(7) of the Companies Ordinance (Cap. 32) is amended, in the 
definition of "Registrar", by adding-
"(aa) any Senior Deputy Registrar of the High Court;". 
Companies (Winding-up) Rules 
173. Interpretation of terms 
Rule 2 of the Companies (Winding-up) Rules (Cap. 32 sub. leg. H) is 
amended, in the definition of "Registrar"-
(a) by repealing "the court" and substituting "the High Court"; 
(b) by repealing "a deputy registrar or an assistant registrar" and 
substituting "a senior deputy registrar, deputy registrar or 
assistant registrar, of the High Court". IP/N/1IHKGID/2/ AddA 
IP/N/1IHKG/P/3/ Add.5 
IP/N/1IHKG/T /4/ Add.1 
Page 109 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A363 
Companies (Disqualification of Directors) 
Proceedings Rules 
174. Interpretation 
Rule 1 of the Companies (Disqualification of Directors) Proceedings 
Rules (Cap. 32 sub. leg. K) is amended, in the definition of "Registrar"-
(a) by repealing "the court" and substituting "the High Court"; 
(b) by repealing "a deputy registrar or an assistant registrar" and 
substituting "a senior deputy registrar, deputy registrar or 
assistant registrar of the High Court". 
Legal Practitioners Ordinance 
175. Interpretation 
Section 2(1) of the Legal Practitioners Ordinance (Cap. 159) is amended, 
in the definition of "Registrar", by adding "senior deputy registrar," before 
"deputy registrar". 
176. Costs Committee 
Section 74(1)(b) is amended by repealing "Registrar or a deputy registrar" 
and substituting "Registrar of the High Court or a senior deputy registrar or 
deputy registrar". 
177. Interpretation Maintenance Orders (Reciprocal 
Enforcement) Ordinance 
Section 2(1) of the Maintenance Orders (Reciprocal Enforcement) 
Ordinance (Cap. 188) is amended, in paragraph (a) of the definition of 
"Registrar", by adding "a Senior Deputy Registrar," before "a Deputy 
Registrar" . IPIN/l/HKG/D/2/ Add A 
IPIN/l/HKG/P/3/ Add.5 
IPIN/l/HKG/T/4/Add.l 
Page 110 
STATUTE LAW' (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 
ORDINANCE 
Criminal Procedure Ordinance 
178. Interpretation A365 
Section 2 of the Criminal Procedure Ordinance (Cap. 221) is amended, in 
the definition of "'Registrar", by repealing "the court" and substituting "the 
High Court". 
179. Rules and orders as to practice 
and procedure 
Section 9(1)(h) is amended by repealing "a Deputy Registrar" and 
substituting "a Senior Deputy Registrar or Deputy Registrar of the High 
Court". 
The Rules of the District Court 
180. Interpretation 
Order 62, rule 1(1) of the Rules of the District Court (Cap. 336 sub. leg. 
H) is amended, in the definition of "contentious business", by repealing "as a 
solicitor or advocate" and substituting "as a barrister, solicitor or advocate". 
Partition Ordinance 
181. Memorandum for stay of proceedings 
Section 3B(6) of the Partition Ordinance (Cap. 352) is amended, in the 
definition of "Registrar", by repealing "a deputy or assistant registrar" and 
substituting "a senior deputy registrar, deputy registrar or assistant registrar of 
the High Court". 
Pension Benefits (Judicial Officers) Ordinance 
182. Normal retirement age 
Section 6(1) of the Pension Benefits (Judicial Officers) Ordinance (Cap. 
401) is amended-
(a) in paragraph (a), by repealing "or (c)"; IPIN/lIHKGID121 Add.4 
IPIN111HKG1P13/Add.5 
IP INI1 IHKG/T 141 Add. 1 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 Page 111 
A367 
(b) in paragraph (b), by repealing "a Registrar or Deputy Registrar" 
and substituting "the Registrar of the High Court or a Senior 
Deputy Registrar or Deputy Registrar". 
Occupational Retirement Schemes Ordinance 
183. Exercise of the powers of the court 
Section 59 of the Occupational Retirement Schemes Ordinance (Cap. 426) 
is amended-
(a) by adding-
"(aa) any Senior Deputy Registrar of the High Court;"; 
(b) in paragraph (b), by repealing "the Deputy Registrar" and 
substituting "any Deputy Registrar". 
PART 5 
AMENDMENTS RELATING TO LEGAL EDUCATION 
AND LEGAL PRACTITIONERS 
Division I-To include representatives of The 
Chinese University of Hong Kong in the 
Standing Committee on Legal 
Education and Training 
Legal Practitioners Ordinance 
184. Standing Committee on Legal 
Education and Training 
Section 74A(3) of the Legal Practitioners Ordinance (Cap. 159) IS 
amended-
(a) in paragraph (a)-
(i) by repealing "15 members" and substituting "17 members"; 
(ii) by adding-
"(viia) 2 shall be persons nominated by the Vice­
Chancellor of The Chinese University of Hong 
Kong'''' , , 
(b) in paragraph (b), by repealing "(vii)" and substituting "(viia)". IP/N/1IHKG/D/2/ AddA 
IP/N/1IHKGIP/3/Add.5 
IP/N/1IHKG/T /4/ Add.1 
Page 112 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 
. Division 2-To clarify the power of the Council 
of The Law Society of Hong Kong to make 
. rules for solicitors 
Legal Practitioners Ordinance 
185. Power of the Council to make rules A369 
Section 73 of the Legal Practitioners Ordinance (Cap. 159) is amended by 
adding-
"(2A) For the avoidance of doubt, it is declared that in subsection 
(l)(a)(i), "professional practice" (.~¥tL~), in relation to a solicitor, 
means acting as a solicitor or the business of acting as a solicitor, whether 
as a partner, sole practitioner, assistant solicitor or consultant in a Hong 
Kong firm or as an employee of a non-solicitor employer.". 
186. Indemnity rules 
Section 73A is amended by adding-
"(8) For the avoidance of doubt, it is declared that in subsection 
(l)(a) and (b), "practice" (¥tL~~Jj}), in relation to a solicitor, means acting 
as a solicitor or the business of acting as a solicitor, whether as a partner, 
sole practitioner, assistant solicitor or consultant in a Hong Kong firm or 
as an employee of a non-solicitor employer.". 
PART 6 
MINOR AMENDMENTS 
Division I-To remove the references to certain 
amending provisions that are 
no longer necessary 
Securities (Margin Financing) (Amendment) 
Ordinance 2000 
187. Consequential amendment 
of other Ordinances 
Schedule 3 to the Securities (Margin Financing) (Amendment) Ordinance 
2000 (20 of 2000) is amended by repealing item 4. IPINIlIHKGID/2/ Add A 
IPIN/IIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
Page 113 
STATUTE LAW (MISCELLANEOUS PROVISIONS) Ord. No. 10 of 2005 A371 
ORDINANCE 
, Securities (Amendment) Ordinance 2000 
188. Regulations 
Section 5 of the Securities (Amendment) Ordinance 2000 (30 of 2000) is 
repealed. 
Intellectual Property (Miscellaneous 
Amendments) Ordinance 2001 
189. "official journal" substituted for "Gazette" 
Section 19 of the Intellectual Property (Miscellaneous Amendments) 
Ordinance 2001 (2 of 2001) is amended by repealing ", 88(1)(c)(iii) and 93(2)" 
and substituting "and 88(1)(c)(iii)". 
190. "official journal" substituted for "Gazette" 
Section 27(1) IS amended-
(a) by repealing "37(2)(b ),"; 
(b) by repealing", 60(3)". 
Securities and Futures Ordinance 
191. Savings, transitional, consequential and 
related provisions, etc. 
Schedule 1 0 to the Securities and Futures Ordinance (5 of 2002) IS 
amended, in Part 2, by repealing item 16(d). 
Division 2-To achieve internal consistency in terminology 
and consistency between the Chinese and 
English texts of certain Ordinances 
Landlord and Tenant (Consolidation) Ordinance 
192. Fraudulent removal of property by tenant 
Section 111 of the Landlord and Tenant (Consolidation) Ordinance (Cap. 
7) is amended by repealing "f%ij$)Wff" and substituting "0~JfWrr". IPINIlIHKGID121 AddA 
IPINI 1 IHKG/P/31 Add.5 
IPINIIIHKG/T/4/Add.l 
Page 114 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
, ORDINANCE 
Import and Export Ordinance 
193. Restriction on carriage, etc. 
of prescribed articles in 
Hong Kong waters Ord. No. 10 of 2005 A373 
The Import and Export Ordinance (Cap. 60) is amended, in the Chinese 
text, by repealing section 6E( 4) and substituting-
"(4) fffilJA~Q~itr!mM, ~1~f:EWm7Jd~~ , {~}IHYd-~~jJnlfz~~f:EJj­
f.Yd-~Ls~nl~WI&.J ~ 0 ". 
Pensions Ordinance 
194. Pension or allowance may be suspended 
on certain post-retirement 
employment 
Section 16(1) and (2) of the Pensions Ordinance (Cap. 89) is amended by 
repealing "for the Civil Service". 
Pensions Regulations 
195. Additional pension in respect 
of war service 
Regulation 17 A(2)(a) (ii) of the Pensions Regulations (Cap. 89 sub. leg. A) 
is amended by repealing "for the Civil Service". 
Immigration (Refugee Status Review Boards) 
(procedure) Regulations 
196. The representative of the applicant 
Regulation 6(2) of the Immigration (Refugee Status Review Boards) 
(Procedure) Regulations (Cap. 115 sub. leg. L) is amended-
(a) by repealing "ttL~1tmp C~~1tmp~~tlf:EWmttL~~1tmp)" and 
substituting "~tif:EWmttL~s~r!1tttL~~"; 
(b) by repealing "~1t~rp" and substituting "r!1tttL~~". IPINIlIHKGID/2/ Add.4 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKG/T/4/Add.1 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
Summary Offences Ordinance 
197. Nuisances committed in 
public place~, etc. Page 115 
Ord. No. 10 of 2005 A375 
Section 4(28) of the Summary Offences Ordinance (Cap. 228) is amended 
by repealing "lI~~lZ§rm" and substituting "lZ§mrPJlI~~Jft~PJ". 
International Organizations (privileges 
and Immunities) Ordinance 
198. Application of national laws 
Section 5(2) of the International Organizations (Privileges and 
Immunities) Ordinance (Cap. 558) is amended-
(a) in paragraph (b), by repealing "1[f§TJW"~mMJ"; 
(b) by adding "1[;f§TJW"~mMJ ' " before "JtU~f~)(". 
Securities and Futures Ordinance 
199. Rules by Commission 
Section 100(2)(b) of the Securities and Futures Ordinance (Cap. 571) is 
amended by repealing "ff"Jt~~ijltrE-" and substituting "ff"JtftJtj ~~f~~BOCr1r'. 
200. Circumstances in which duty 
of disclosure arises 
Section 313(7)(b )(i) is amended by adding "it ...t -iJ\." after "it;". 
201. Notification of family and corporate 
interests and short positions by 
director and chief executive 
Section 344(5) is amended-
(a) in paragraph (b), by adding "(:;fmfij~~s¥:ff{ilJ{~{4mJ~)" after "~ 
rJ}"; 
(b) by repealing "(~Jt.{ilJt~~rmJE)". IPINIl/HKGID/2/ AddA 
IPINIlIHKG/P/3/ Add.5 
IPINIlIHKGrr/4/ Add. 1 
Page 116 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
202. Notification to be given by director 
and chief executive 
Section 347(2) is amended by repealing "~jJ~". 
203. Interpretation and general provisions Ord. No. 10 of 2005 A377 
Schedule I is amended, in Part 3, in item 12, by repealing" § j}]fIHlm~" 
and substituting "m~-§jljfIHjf*jjf.". 
204. Exchange companies, clearing houses 
and exchange controllers 
Schedule 3 is amended, in Part 6, in section 3(7)-
(a) by repealing "::ffit~~" and substituting "j;1P1t~~"; 
(b) by repealing "~B". 
Division 3-To replace the English title of the Shipping 
and Port Control Regulations in an Ordinance 
with its Chinese title 
Merchant Shipping (Seafarers) Ordinance 
205. Interpretatio.n 
Section 2(1) of the Merchant Shipping (Seafarers) Ordinance (Cap. 478) is 
amended, in the definition of "ttl m -m", by repealing "{Shipping and Port 
Control Regulations}" and substituting "(mg.~s1k m l=Iifffium 19u} ". 
Division 4-To rectify errors in the references in 
certain provisions to other provisions 
Air Transport (Licensing of Air Services) Regulations 
206. Public and private inquiries 
Regulation 9 of the Air Transport (Licensing of Air Services) Regulations 
(Cap. 448 sub. leg. A) is amended-
(a) by repealing "Form 4" where it first appears and substituting 
"Form 3"· , 
(b) by repealing "the said". IP/N/l/HKGID121 AddA 
IP/N/l/HKG/P/31 Add.S 
IP/N/l/HKG/T/4/Add.l 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
207. Forms Ord. No. 10 of 2005 Page 117 
A379 
The Schedule is amended, m Form 3, by repealing "[reg. 8]" and 
substituting "[regs. 8 & 9]". 
Division 5-To update the references in certain Ordinances 
to the title of a set of regulations made under the 
Dangerous Goods Ordinance 
Pilotage Ordinance 
208. Ships subject to compulsory pilotage 
Schedule 1 to the Pilotage Ordinance (Cap. 84) is amended, in item 3, by 
repealing "Dangerous Goods (Classification) Regulations (Cap. 295 sub. leg.)" 
and substituting "Dangerous Goods (Application and Exemption) Regulations 
(Cap. 295 sub. leg>. A)". 
Eastern Harbour Crossing Road Tunnel By-laws 
209 . Vehicles prohibited 
By-law 17(1)(r), (s), (t), (u) and (v) of the Eastern Harbour Crossing Road 
Tunnel By-laws (Cap. 215 sub. leg. E) is amended by repealing "Dangerous 
Goods (Classification) Regulations (Cap. 295 sub. leg.)" and substituting 
"Dangerous Goods (Application and Exemption) Regulations (Cap. 295 sub. 
leg. A)". 
210. Vehicles conveying dangerous goods 
By-law 19(3)(a) is amended by repealing "Dangerous Goods 
(Classification) Regulations (Cap. 295 sub. leg.)" and substituting "Dangerous 
Goods (Application and Exemption) Regulations (Cap. 295 sub. leg. A)". 
Radiation (Control of Radioactive 
Substances) Regulations 
211. Conveyance of radioactive substances 
on vehicles or vessels 
Regulation 7(7) of the Radiation (Control of Radioactive Substances) 
Regulations (Cap. 303 sub. leg. A) is amended by repealing "Dangerous Goods 
(Classification) Regulations (Cap. 295 sub. leg.)" and substituting "Dangerous 
Goods (Application and Exemption) Regulations (Cap. 295 sub. leg. A)". IPINIlIHKGIDI2/ AddA 
IPINIlIHKG/P/3/ Add.S 
IPINIlIHKG/T/4/Add.1 
Page 118 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
, ORDINANCE Ord. No. 10 of 2005 
Road Tunnels (Government) Regulations 
212. Prohibition against vehicles 
conveying dangerous goods A381 
Regulation 11(1)(a), (b), (c), (d) and (e) of the Road Tunnels 
(Government) Regulations (Cap. 368 sub. leg. A) is amended by repealing 
"Dangerous Goods (Classification) Regulations (Cap. 295 sub. leg., 1983 R. 
Ed.)" and substituting "Dangerous Goods (Application and Exemption) 
Regulations (Cap. 295 sub. leg. A)". 
Electricity (Wiring) Regulations 
213. Periodic inspection, testing 
and certification 
Regulation 20(l)(b) of the Electricity (Wiring) Regulations (Cap. 406 sub. 
leg. E) is amended by repealing "Dangerous Goods (Classification) 
Regulations (Cap. 295 sub. leg.)" and substituting "Dangerous Goods 
(Application and Exemption) Regulations (Cap. 295 sub. leg. A)". 
Division 6-To update the references in certain Ordinances to 
the title of a notice given for the purposes of the 
Prevention of Bribery Ordinance 
Fire Services Ordinance 
214. What the Fund consists of 
Section 19B(h) of the Fire Services Ordinance (Cap. 95) is amended by 
repealing "Acceptance of Advantages (Governor's Permission) Notice 1992" 
and substituting "Acceptance of Advantages (Chief Executive's Permission) 
Notice 2004". 
Police Force Ordinance 
215. What the Police Welfare Fund 
consists of 
Section 39C(i) of the Police Force Ordinance (Cap. 232) is amended by 
repealing "Acceptance of Advantages (Governor's Permission) Notice 1992" 
and substituting "Acceptance of Advantages (Chief Executive's Permission) 
Notice 2004". IPfN/lIHKGID121 Add A 
IPfN/l1HKG/P/31 Add.S 
IPfN/lIHKGfTI41 Add.l 
Page 119 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A383 
Prisons Ordinance 
216. What the Fund consists of 
Section 24F(g) of the Prisons Ordinance (Cap. 234) is amended by 
repealing "Acceptance of Advantages (Governor's Permission) Notice 1992" 
and substituting "Acceptance of Advantages (Chief Executive's Permission) 
Notice 2004". 
Government Flying Service Ordinance 
217. Establishment of the fund 
Section 15(c) of the Government Flying Service Ordinance (Cap. 322) is 
amended by repealing "Acceptance of Advantages (Governor's Permission) 
Notice 1981" and substituting "Acceptance of Advantages (Chief Executive's 
Permission) Notice 2004". 
Immigration Service Ordinance 
218. What the Fund consists of 
Section 16B(f) of the Immigration Service Ordinance (Cap. 331) is 
amended by repealing "Acceptance of Advantages (Governor's Permission) 
Notice 1992" and substituting "Acceptance of Advantages (Chief Executive's 
Permission) Notice 2004". 
Customs and Excise Service Ordinance 
219. What the Fund consists of 
Section 19B(h) of the Customs and Excise Service Ordinance (Cap. 342) is 
amended by repealing "Acceptance of Advantages (Governor's Permission) 
Notice 1992" and'substituting "Acceptance of Advantages (Chief Executive's 
Permission) Notice 2004". IPINIlIHK.GID/2/ AddA 
IPINIlIHK.G/P/3/ Add.5 
IPINIlIHK.G/T/4/ Add. 1 
Page 120 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 
Division 7-To update the references in certain Ordinances 
to the title of a regulation made under the 
Customs and Excise Service Ordinance 
Specification of Public Offices 
220. Schedule amended A385 
The Schedule to the Specification of Public Offices (Cap. 1 sub. leg. C) is 
amended, in the entry relating to "Financial Secretary", by repealing "Customs 
and Excise Service (Welfare Fund) Regulations (Chapter 342 subsidiary 
legislation), regulation 8" and substituting "Customs and Excise Service 
(Welfare Fund) Regulation (Chapter 342 subsidiary legislation C), section 8". 
Customs and Excise Service Ordinance 
221. Amendment of references to Preventive 
Service in Ordinances and documents 
Section 25 of the Customs and Excise Service Ordinance (Cap. 342) is 
amended by repealing "Customs and Excise Service (Welfare Fund) 
Regulations (Cap. 342 sub. leg.)" and substituting "Customs and Excise 
Service (Welfare Fund) Regulation (Cap. 342 sub. leg. C)". 
Division 8--To provide for consequential amendments that 
were omitted in previous amendment exercises 
Labour Tribunal Ordinance 
222. Interest on claims and awards 
Section 39(4) of the Labour Tribunal Ordinance (Cap. 25) is amended by 
repealing "the rate fixed by the Chief Justice by notice in the Gazette" and 
substituting "the rate from time to time applicable to judgment debts". 
Companies Ordinance 
223. Submission of certified copies 
Section 39C(h)(ii) of the Companies Ordinance (Cap. 32) is amended by 
repealing "professional accountant" and substituting "certified public 
accountant" . STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE 
224. Submission of certified copies IPINIlIHKGID121 AddA 
IPINIlIHKG/P/31 Add.S 
IPINIlIHKG/T/4/Add.1 
Page 121 
Ord. No. 10 of 2005 A387 
Section 342CC(b ) (iv) is amended by repealing "professional accountant" 
and substituting "certified public accountant". 
Companies (Amendment) Ordinance 2004 
225. Amendments to the Companies Ordinance 
relating to oyersea companies and 
incorporation procedures 
Schedule 2 to the Companies (Amendment) Ordinance 2004 (30 of 2004) 
is amended-
(a) in section 28, in the new section 333(5)(c), by repealing 
"professional accountants" and substituting "certified public 
accountants (practising)"; 
(b) in section 44, by repealing the new section 341 (2)(b) and 
substituting-
"(b) the expression "certified public accountant 
(practising)" (m~'jt@"1ftmp) has the meaning assigned to it 
by the Professional Accountants Ordinance (Cap. 50);". 
226. Consequential and other amendments 
Schedule 4 is 'amended, in Part 2-
(a) in section 2, in the new paragraph 3 (2) (b) (iii) , by repealing 
"professional accountant practising in Hong Kong" and 
substituting "certified public accountant (practising) within the 
meaning of section 2 of the Professional Accountants Ordinance 
(Cap. 50)"; 
(b) in section 4, in the new paragraph 6(2)(b )(iii), by repealing 
"professional accountant practising in Hong Kong" and 
substituting "certified public accountant (practising) within the 
meaning of section 2 of the Professional Accountants Ordinance 
(Cap. 50)". 
Frozen Confections Regulation 
227. Offences and penalties 
Section 41(l)(e) and (j) of the Frozen Confections Regulation (Cap. 132 
sub. leg. AC) is amended by repealing "Governor in Council" and substituting 
"Municipal Services Appeals Board". IP/N/IIHKGID/2/ AddA 
IP/N/IIHKG/P/3/ Add. 5 
IP /N/IIHKG/T /4/ Add. 1 
Page 122 
STATUTE LAW (MISCELLANEOUS PROVISIONS) 
ORDINANCE Ord. No. 10 of 2005 A389 
Milk Regulation 
228. Offences and penalties 
Section 40(1)(e) and (j) of the Milk Regulation (Cap. 132 sub. leg. AQ) is 
amended by repealing "Governor in Council" and substituting "Municipal 
Services Appeals Board". 
Small Claims Tribunal Ordinance 
229. Interest on awards 
Section 33(4) of the Small Claims Tribunal Ordinance (Cap. 338) is 
amended by repealing "the rate fixed by the Chief Justice by notice in the 
Gazette" and substituting "the rate from time to time applicable to judgment 
debts". ' 
Administrative Appeals Board Ordinance 
230. Schedule amended 
The Schedule to the Administrative Appeals Board Ordinance (Cap. 442) 
is amended by adding­
"59. Marine Fish 
Culture Ordinance 
(Cap. 353) A decision of the Director of Agriculture, 
Fisheries and Conservation-
(a) to refuse to grant or renew a 
licence under section 8(6); 
(b) to refuse to ~pprove the transfer of 
a licence under section 8A(3)(b); 
( c) to cancel a licence under section 
9(1); 
(d) to refuse to grant a permit under 
section 14(1); 
(e) to cancel or refuse to renew a 
permit under section 14(2).". 
Legislative Council Ordinance 
231. Interpretation: Part VIA 
Section 60A(1) of the Legislative Council Ordinance (Cap. 542) is 
amended, in the definition of "auditor", by repealing "a professional 
accountant registered and holding a practising certificate under" and 
substituting "a certified public accountant (practising) as defined in".