PLC Paper No. LS 103

Paper for the House Committee Meeting
of Provisional Legislative Council
on 13 February 1998

Legal Service Division Report on
Subsidiary Legislation Gazetted on 6 February 1998

Date of Tabling in Provisional LegCo	:	11 February 1998
Amendment to be made by	:	11 March 1997 (or 18 March 1998 if extended by resolution)

*Lifts and Escalators (Safety) Ordinance (Cap. 327)
Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1998 (L.N. 64)

Fees are payable for inclusion of persons in the registers of lift engineers, escalator engineers, lift contractors and escalator contractors, and on delivery of certificates of examination and testing of lifts and escalators under the Lifts and Escalators (Safety) Ordinance (Cap. 327). The fees are set out in the Lifts and Escalators (Safety) (Fees) Regulations (Cap. 327 sub. leg.) (懀he principal Regulations�.

This Regulation increases the fees payable under the principal Regulations. Details of existing and proposed fees are set out at Annex C to the PLC Brief file reference : PELB(L)30/30/75(97) of February 1998 from Planning, Environment and Lands Bureau. The fees were last increased in March 1997 (L.N. 31 of 1997).

The Administration intends this Regulation to come into operation on 20 March 1998.

Road Traffic Ordinance (Cap. 374)
Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 1998 (L.N. 65)

This Regulation amends the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) (懀he principal Regulations� by replacing Schedule 7 to the principal Regulations with a new schedule which delineates the existing and the new permitted area for NT taxis. The latter extends the permitted area for NT taxis to include certain roads and facilities in Tsuen Wan, Kwai Tsing and Islands Districts. It allows the NT taxis to serve the Air Passenger Terminal of the new airport and the Tsing Yi Station of the Airport Railway.

Members may refer to PLC Brief file reference : LM to TBCR 3/5591/71 of 5 February 1998 from Transport Bureau for background information.

As Ting Kau Bridge, Tai Lam Tunnel, the AR and the relevant roads on the new airport will be opened for use by NT taxis on different dates, different sections of the Regulation will come into operation on dates to be appointed by the Secretary for Transport.

Telephone Ordinance (Cap. 269)
Telephone (Repeal) Regulation 1998 (L.N. 66)

This Regulation repeals the Telephone Regulation (Cap. 269 sub. leg.) made under the Telephone Ordinance (Cap. 269). The Telephone Regulation provides for price control arrangements in relation to the Hong Kong Telephone Company Limited (HKTC) for the revision of any charge which the HKTC may make and collect for the provision of any service.

Members were informed on 20 January 1998 in the PLC Brief esolution of the Licence of Hong Kong Telecom International Limited�file reference : ESB CR 9/1056/93(98) of the terms and conditions under which Hong Kong Telecom International Limited (HKTI) would surrender its licence. One condition of this Agreement was that the statutory price control arrangements in place on HKTC would be lifted, and in its place HKTC would be permitted a phased increase in its residential exchange lines tariffs, increases in business exchange line tariffs and would maintain (subject to a review in early 2000) the CPI(A) - 4% cap on the other services currently so restricted.

It is a condition precedent for the surrender of the HKTI licence on 31 March 1998 that legislation necessary to repeal the price control arrangements from 1 July 1998 be in place by 31 March 1998.

Members may refer to PLC Brief file reference : ESB CR 9/1056/93(98) Pt. 16 for background information.

The Administration has briefed members of the Panel on Economic Services and Panel on Information Policy about the proposals at their joint meeting held on 9 February 1998.

The Regulation will come into operation on 1 July 1998.

Coroners Ordinance (27 of 1997)
Places for Autopsies (Amendment) Order 1998 (L.N. 67)

This Order adds North District Hospital Mortuary to the Schedule to the Places for Autopsies Order (L.N. 260 of 1997) as a mortuary for the reception of dead bodies for the purpose of autopsy.

The Order will come into operation on the day appointed for the commencement of the Coroners Ordinance (27 of 1997).

Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187)
Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) Order 1998 (L.N. 68)
Animals and Plants (Protection of Endangered of Species) Ordinance (Cap. 187)
Animals and Plants (Protection of Endangered of Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69)

The Animals and Plants (Protection of Endangered of Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69) amends the Schedules to the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) (懀he Ordinance� to include animals and plants listed in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It requires a person to hold a licence to import, export and possess any species listed in Appendix III.

The Animals and Plants (Protection of Endangered Species) (Exemption) Order (Cap. 187 sub. leg.) (懀he Order� exempts from licensing control certain species in the Schedules to the Ordinance. The Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) Order 1998 (L.N. 68) amends the Order to grant exemption in respect of the possession or control of species listed in Appendix III of CITES, grant exemption in respect of the import of species listed in Appendix III of CITES subject to the production of certain documentation and update the list of controlled products.

Members may refer to PLC Briefs file reference : ECON 19/3231/73 of February 1998 from Economic Services Bureau for background information.

The Administration intends these items to come into operation in March 1998.

Environmental Impact Assessment Ordinance
Environmental Impact Assessment Ordinance (9 of 1997) (Commencement) Notice 1998 (L.N. 70)

This Notice specifies 1 April 1998 as the day on which the Environmental Impact Assessment Ordinance (9 of 1997) (懀he Ordinance� will come into operation. The Ordinance provides the framework for the assessment of the environmental impact of projects that are likely to have a significant effect on the environment.

Environmental Impact Assessment Ordinance
Environmental Impact Assessment (Appeal Board) Regulation (L.N. 455 of 1997) (Commencement) Notice 1998 (L.N. 71)

This Notice specifies 1 April 1998 as the day on which the Environmental Impact Assessment (Appeal Board) Regulation (L.N. 455 of 1997) (懀he Regulation� will come into operation. The Regulation provides for the regulation of appeals under Part VI of the Environmental Impact Assessment Ordinance and the practice and procedure of the Appeal Board.

Environmental Impact Assessment Ordinance
Environmental Impact Assessment (Fees) Regulation (L.N. 456 of 1997) (Commencement) Notice 1998 (L.N. 72)

This Notice specifies 1 April 1998 as the day on which the Environmental Impact Assessment (Fees) Regulation (L.N. 456 of 1997) (懀he Regulation� will come into operation. The Regulation prescribes the various fees payable under the Environmental Impact Assessment Ordinance.

Inland Revenue Ordinance (Cap. 112)
Inland Revenue (Qualifying Debt Instruments) (Amendment) Order 1998 (L.N. 73)

Under section 14A of the Inland Revenue Ordinance (Cap. 112) assessable profits on qualifying debt instruments are chargeable to profits tax at one-half of the standard rate. This Order declares that for the purpose of the definition of debt instrument in section 14A the provisions of that section relating to a credit rating do not apply and fixes a different minimum denomination, in relation to debt instruments issued by The Hong Kong Mortgage Corporation Limited.

Members may refer to PLC Brief file reference : FIN CR 2/2306/76 of February 1998 from Finance Bureau for background information.

Prepared by

Lam Ping-man, Stephen

Assistant Legal Adviser

Provisional Legislative Council Secretariat
10 February 1998

* denotes fee increase