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

6. Express saving of certain property of the Councils
Without limiting sections 4 and 5, the following as they existed immediately before the appointed day are expressly saved and transferred from the Councils to the Government—
(a) land allocated to a Council by the Government for its use;
(b) insurance policies held by a Council;
(c) the benefit of trade marks, copyright and other intellectual property rights held by a Council;
(d) the right to collect fees and other charges, and rates under any statutory or contractual authority held by a Council.

7. Repeal, amendment and renaming of enactments
(1) An enactment mentioned in column 2 of Schedule 1 is to be known by the title specified opposite to it in column 3 of that Schedule and accordingly the titles of subsidiary legislation made under the Public Health and Municipal Services Ordinance (Cap. 132) specified in that column 2 are repealed and the titles specified opposite to them in that column 3 substituted therefor.
(2) The subsidiary legislation made under the Public Health and Municipal Services Ordinance (Cap. 132) mentioned in column 2 of Schedule 2 are repealed.
(3) Any enactment mentioned in column 3 of Schedule 2 in relation to an enactment repealed under subsection (2) applies to and in relation to matters to which the repealed enactment applied immediately before the repeal and is taken to have replaced the repealed enactment.
(4) The Public Health and Municipal Services Ordinance (Cap. 132) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 3.
(5) The Municipal Services Appeals Boards Ordinance (Cap. 220) is amended to the extent and in the manner set out in Schedule 4.
(6) The Dutiable Commodities Ordinance (Cap. 109) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 5.
(7) The Places of Public Entertainment Ordinance (Cap. 172) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 6.
(8) The enactments mentioned in Schedule 7 are amended to the extent and in the manner set out in that Schedule.

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

9. Saving of subsidiary legislation, fees, etc.
(1) Where this Ordinance operates to—
(a) transfer the power to make subsidiary legislation on any matter; or
(b) substitute a new provision for a provision under which subsidiary legislation may be made,
subsidiary legislation (including an enactment replaced under section 7(3)) made or deemed to be made by the former authority in the exercise of that power or under that provision and in force immediately before the commencement date continues to be in force subject to the amendments made by this Ordinance (if a new title is given by this Ordinance to the subsidiary legislation, by that title), and to the extent that it is consistent with this Ordinance, as if made by the new authority in the exercise of the power conferred on the new authority to make subsidiary legislation on that matter or under that new provision, as the case may be, and may be amended, repealed or replaced by the new authority or under that new provision.
(2) Where this Ordinance—
(a) operates to transfer the power to determine or prescribe fees or charges (by way of subsidiary legislation or otherwise) for any matter; or
(b) substitutes a new provision for a provision under which the fees or charges in force immediately before the commencement date were determined or prescribed,
the fees or charges in force immediately before that date continue to be in force as if—
(i) made by the new authority in the exercise of the power conferred on that authority; or
(ii) made under that new provision,
and may be varied, amended, revoked or replaced by the new authority or under that new provision.
(3) For the avoidance of doubt it is stated that the validity of a fee or charge continued in force under subsection (2) as a prescribed fee is not affected by it not being in the required form, until it is varied, amended or replaced by the new authority or under the new provision referred to in that subsection.

10. Transitional provisions with respect to offences
(1) All proceedings in respect of offences committed or alleged to be committed against an enactment repealed by this Ordinance (including an enactment mentioned in column 2 of Schedule 2), before the repeal came into effect, may be commenced or continued as if this Ordinance had not been enacted.
(2) Where an offence, for the continuance of which a penalty was provided under any enactment repealed by this Ordinance (including an enactment mentioned in column 2 of Schedule 2), proceedings may be commenced under the enactment which corresponds to it, if any, in respect of the continuance of that offence in the same manner as if the offence had been committed under the corresponding enactment.

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

11. Chief Executive in Council to make consequential, transitional and savings provisions
(1) The Chief Executive in Council may, by order published in the Gazette, make such consequential amendments to any enactment or provisions of a transitional or savings nature as are necessary for the better carrying out of the provisions of this Ordinance.
(2) An order under subsection (1) may be made before or after the appointed day and provide for any provision of the order to take effect on a date earlier than the date of publication of the order but not earlier than the appointed day.
(3) To the extent to which a provision in an order under this section takes effect on a date earlier than the date of publication of the order, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the Government or a public body), the rights of that person before the date of its publication; or
(b) to impose liabilities on a person (other than the Government or a public body) in respect of anything done, or omitted to be done, before the date of its publication.
(4) An order under this section is subject to the approval of the Legislative Council.

12. Ordinance to be construed as continuing only valid and lawful acts
For the avoidance of doubt it is stated that nothing in this Ordinance is to be construed as giving validity, continuing in force or giving effect to—
(a) anything which could not have validly been done or given effect to under an enactment amended or repealed by this Ordinance; or
(b) anything done otherwise than in the lawful exercise of a power or performance of a duty.

13. Provisions of Ordinance not to derogate from section 23 of Interpretation and General Clauses Ordinance
The provisions of this Ordinance relating to repeal and amendment of enactments are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).