Provisional Legislative Council
PLC Paper No. 282/96-97
Ref: PLC/BC/03

Paper for the House Committee Meeting
on 24 May 1997

Legal Adviser Report on
Urban Council (Amendment) Bill 1997,
Regional Council (Amendment) Bill 1997 and
District Boards (Amendment) Bill 1997

Object of the Bills

To establish the Provisional Urban Council, Provisional Regional Council and Provisional District Boards for the transitional period between 1 July 1997 and 31 December 1999.

Provisional Legislative Council Brief Reference

2. Brief issued by the Chief Executive Office and dated 16 May 1997.

Date of First Reading

3. 17 May 1997.

Comments

4. These 3 Bills, like the Societies (Amendment) Bill 1997 and Public Order (Amendment) Bill 1997, are made necessary to replace legislative provisions declared to be in contravention of the Basic Law on the authority of the National People Congress. Without these 3 Bills, there would be a vacuum in the local district organisations as the Urban Council, Regional Council and the District Boards will cease to function by 30 June 1997.

5. The main provisions of the Bills are therefore to reconstitute, temporarily until 31 December 1999, those district organisations so as to serve as interim bodies until more permanent arrangements could be made for the constitution of these district organisations. The temporary constitution will be appointment-based and will expand the existing membership by about 25%, subject however to a ceiling figure.

6. Many of the existing provisions which do not relate to membership and constitution will not be amended by the Bills. Hence, provisions relating to the functions and powers, practice and procedure of these district organisations will be retained.

7. However, some necessary and similar transitional provisions will be made by each of the Bills. These include the transfer of property, rights, duties, obligations and liabilities, saving of things done by the soon-to-be-dissolved bodies and election of their respective Chairman and Vice-Chairman.

8. Except for the difference in their new constitution, many of the amending provisions are common to each of the Bills.

9. Since all the amendments are aimed at putting in place provisional district organisations, there would be a need to re-amend the relevant legislation when they are to be re-constituted on a more permanent basis in future.

Public Consultation

10. Paragraph 27 of the Brief refers to public consultation that have been carried out by the Chief Executive Office on these Bills. However, the Bills Committee set up to study these Bills will still welcome public views, particularly from affected persons.

Bills Committee

11. Members will recall that at the last House Committee meeting on 17 May 1997, a Bills Committee was set up to study the Bills. Its first meeting to study the Bills will be held on the morning of 25 May 1997.

Prepared by

CHEUNG Ping-kam, Arthur
Legal Adviser
Provisional Legislative Council Secretariat
21 May 1997