PLC Paper No. LS 110
Paper for the House Committee Meeting
of Provisional Legislative Council
on 27 February 1998
Legal Service Division Report on
Subsidiary Legislation Gazetted on 18 and 20 February 1998
| Date of Tabling in Provisional LegCo | : | 25 February 1998
|
| Amendment to be made by | : | 25 March 1998
(or 1 April 1998
if extended by resolution)
|
*Public Revenue Protection Ordinance (Cap. 120)
Public Revenue Protection (Dutiable Commodities) Order 1998 (L. N. 93)
This Order was made by the Chief Executive after consultation with the Executive Council under section 2 of the Public Revenue Protection Ordinance (Cap. 120) (the Ordinance) and had the full force and effect of law as from 2.30 p.m. on 18 February 1998, the day when the Financial Secretary made his Budget Speech in the Provisional Legislative Council. This Order is an interim measure to give effect to some of the Budget proposals.
Section 5(2) of the Ordinance provides that such Order shall expire and cease to be in force-
- upon the notification in the Gazette of either the rejection by the Provisional Legislative Council or the withdrawal of the bill in respect of which the Order was made, or
- upon enactment as law in the ordinary manner of the bill (with or without modification), or
- upon the expiration of 4 months from the day on which the Order came into force,
whichever event first happens.
Under section 6 of the Ordinance, any excess of duty, tax, fee, rate or other item of revenue paid under this Order over that payable immediately after the expiration of the Order shall be repaid to the person who paid the same.
The Order includes a Bill to amend the Dutiable Commodities Ordinance (Cap. 109) to give effect to the proposals in the 1998-99 Budget to increase the duty on tobacco, hydrocarbon oil and methyl alcohol by about 6% .
The Bill also makes ancillary amendments to the Ordinance and its subsidiary legislation to make it clear that a refund of the duty paid on light diesel oil may be granted in respect of the use of the oil by road vehicles operated by a franchised bus company, whether the road vehicles are hired or owned by the company.
Mutual Legal Assistance in Criminal Matters Ordinance (87 of 1997)
Mutual Legal Assistance in Criminal Matters Regulation (L.N. 94)
This Regulation is made under section 33 of the Mutual Legal Assistance in Criminal Matters Ordinance (87 of 1997) and provides for the practice and procedure in relation to the performance by magistrates of functions under that Ordinance, including -
- the issue of a summons to a witness (section 2 and Form 1 in the Schedule);
- the issue of warrant to bring before a magistrate a witness who has failed to attend (section 4 and Form 2 in the Schedule);
- the issue of a warrant to imprison a witness who, inter alia, refuses to answer a question when required to do so by a magistrate (section 5 and Form 3 in the Schedule); and
- the form of a search warrant that may be issued under section 12 of the Ordinance at the request of an appropriate authority of a place outside Hong Kong (section 7 and Form 4 in the Schedule).
According to the PLC Brief issued by the Security Bureau (File ref.: SBCR 3/5691/95(97)) dated 19 February 1998, the Regulation will come into effect upon gazetting.
*Tramway Ordinance (Cap. 107)
Tramway Ordinance (Alteration of Fares) (Amendment) Notice 1998 (L.N. 95)
This Notice increases the fares payable for travelling on the tramway. Hong Kong Tramways Limited has applied for an increase in adult fares from $1.60 to $2.00, child fares from 80 cents to $1.00, and the price of a monthly ticket from $135 to $170. The Chief Executive in Council on 17 February 1998 consented to such increases.
Under section 51(2) of the Tramway Ordinance (Cap.107), any alteration of fare shall come into force one month after its publication in the Gazette or within such shorter period after such publication as the Chief Executive in Council may order.
It is noted that in section 1 of this Notice, it is stated that the Notice shall come into operation on 21 March 1998. However, it is also stated in the Notice that the Chief Executive in Council has ordered that the alteration shall come into operation on 14 March 1998. It has been clarified with the Administration that the correct commencement date is 21 March 1998 and a rectification order will be issued as soon as possible.
As for the background and argument for this fare increase, Members may refer to the PLC Brief issued by the Transport Bureau (File ref.: TBCR 46/5591/74) dated 17 February 1998.
Air Pollution Control Ordinance (Cap. 311)
Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1998 (L.N. 96)
This Regulation amends the Air Pollution Control (Vehicle Design Standards) (Emission) Regulations (Cap. 311 sub. leg.) by -
- imposing a more stringent vehicle design standard for emission of air pollutants for private cars equipped with a compression-ignition engine and first registered on or after 1 April 1998; and
- imposing more stringent vehicle design standards (Euro II standards) for emission of air pollutants applicable to certain motor vehicles first registered on or after 1 October 1998.
This Regulation will come into operation on a day to be appointed by the Secretary for Planning, Environment and Lands by notice in the Gazette. According to the Brief (no reference number provided) issued by the Planning, Environment and Lands Bureau in February 1998, the Administration intends to implement the new emission standards for private diesel cars on 1 April 1998. To allow sufficient lead time for vehicle suppliers to make necessary arrangements, the Administration will implement the Euro II standards for light duty diesel vehicles on 1 October 1998.
It is also stated in the Brief that the Motor Traders Association, the Hong Kong Automobile Association and the Hong Kong Hotel Association (whose members are main users of diesel private cars) have been consulted on these proposals and have not raised any objections.
The Environmental Affairs Panel of this Council was consulted in September 1997 on the integrated motor vehicle emissions strategy which included these proposals. The Advisory Council on the Environment endorsed this Amendment Regulation.
Mental Health Ordinance (Cap. 136)
Mental Health Guardianship Board Rules (L. N. 97)
The Mental Health (Amendment) Ordinance 1997 was enacted in June 1997 to provide better legal safeguards for mentally incapacitated person. Subsidiary legislation has to be made to better carry into effect of the Ordinance.
Under the new section 59Z of the Mental Health Ordinance (Cap. 136), the Secretary for Health and Welfare is empowered to make rules with respect to the making of guardianship applications for a mentally incapacitated person to the Guardianship Board and with respect to its proceedings and matters incidental thereto.
These rules mainly set out the procedural rules for the operation of the Guardianship Board in processing applications for guardianship, review of Guardianship orders and requests for directions to appointed guardians, etc.
An information paper (Ref: CB(2)946) on these Rules and the following three pieces of subsidiary legislation dated 4 February 1998 was circulated to Members of the PLC Panel on Welfare Services.
These rules and the following three subsidiary legislation (L.N.s 98, 99 & 100) will come into operation on a day to be appointed by the Secretary for Health and Welfare by notice in the Gazette.
Mental Health Ordinance (Cap. 136)
Mental Health (Specification of Special Treatment) Notice 1998 (L. N. 98)
This Notice is made under section 59ZC(1) of the Mental Health Ordinance (Cap. 136) in consultation with the Hospital Authority, the Department of Health, the Hong Kong Medical Association, the Hong Kong Dental Association, the Hong Kong Academy of Medicine, the Medical Council of Hong Kong and the Dental Council of Hong Kong.
This Notice specifies sterilization operations (except for operations that are intended primarily to treat other diseases of the reproductive system but having the effect of sterilization) as special treatment for the purposes of Part IVC of the Mental Health Ordinance (Cap. 136) (MHO).
Under Part IVC of the MHO, a medical doctor or a dentist is empowered to administer treatment without consent on a mentally disordered or mentally handicapped adult, who is incapable of giving valid consent himself/herself, in the event of an emergency or where it is necessary and in the best interests of that person to receive the treatment. However, if special treatment is to be administered on such a person, prior approval from the Court of First Instance is always required.
Mental Health Ordinance (Cap. 136)
Mental Health (Guardianship) (Amendment) Regulation 1998 (L. N. 99)
This Regulation is made by the Secretary for Health and Welfare under section 72 of the Mental Health Ordinance to make amendments to the Mental Health (Guardianship) Regulations consequential to the enactment of the Mental Health (Amendment) Ordinance 1997 (81 of 1997). The amendments arise from the introduction of a new term "mentally incapacitated person" and new guardianship provisions to the Mental Health Ordinance.
Mental Health Ordinance (Cap. 136)
Mental Health Review Tribunal (Amendment) Rules 1998 (L. N. 100)
These Amendment Rules are made by the Chief Justice under section 59G of the Mental Health Ordinance consequential to the enactment of the Mental Health (Amendment) Ordinance 1996 (38 of 1996) and the Mental Health (Amendment) Ordinance 1997 (81 of 1997).
The Mental Health (Amendment) Ordinance 1996 introduced two additional options (i.e., guardianship orders and supervision and treatment orders under Parts IIIA and IIIB of the Mental Health (Amendment) Ordinance 1996 (38 of 1996) respectively) to courts and magistrates for dealing with persons who are found unfit to plead due to mental disability in criminal proceedings. The Mental Health (Amendment) Ordinance 1997 (81 of 1997) introduces a new term "mentally incapacitated person" and new guardianship provisions.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Certification and Watchkeeping) (Amendment) Regulation 1998 (L. N. 101)
This Regulation and the following 8 pieces of subsidiary legislation (L.N.s 102 -109) are made under the Merchant Shipping (Seafarers) Ordinance (Cap. 478) to give effect to the 1995 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (the Convention).
The Convention was extended to Hong Kong in 1984 and Hong Kong is under an international obligation to give effect to the 1995 amendments to the Convention which came into effect internationally on 1 February 1997.
These items of subsidiary legislation were gazetted on 20 February 1998 and have since come into operation. The Legal Service Division is still scrutinizing these subsidiary legislation and will report further to Members should any problem arise.
Members may refer to the PLC Brief issued by the Economic Services Bureau (File ref.: ECON 1/3051/48 (98)) dated 25 February 1998 for background information. In the Brief, it is stated that representatives of shipowners, seafarers and training institutes in Hong Kong have been advised of the 1995 amendments and no objections to the proposed legislative amendments have been raised.
This Regulation -
- imposes new duties on the master (section 1) and the chief engineer officer (section 2) respectively to ensure that the watchkeeping arrangements are adequate;
- updates the requirements in relation to the manning of a ship (section 4) and the qualifications of officers (section 5);
- provides for offences and penalties (section 8);
- revises the principles of watchkeeping arrangements for navigational watch and engine room watch;
- sets out the principles to be observed in keeping a radio watch and the watchkeeping arrangements in port.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Hours of Work) (Amendment) Regulation 1998 (L. N. 102)
The Regulation revises the application from all seagoing ships of not less than 500 GRT to all ships of any size (section 2).
It also revises the minimum hours of rest (section 3) and the period required for the maintenance of records (section 4).
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Navigational Watch Ratings) (Amendment) Regulation 1998 (L. N. 103)
This Amendment Regulation is to enable the Seafarers Authority to specify the training requirements for the navigational watch ratings on tankers, ro-ro passenger ships and other ships specified by the Authority.
It also imposes new requirements in relation to the qualifications of the issue of a Navigational Watch Rating Certificate.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Engine Room Watch Ratings) (Amendment) Regulation 1998 (L. N. 104)
This Amendment Regulation is to enable the Seafarers Authority to specify the training requirements for the engine room watch ratings on tankers, ro-ro passenger ships and other ships specified by the Authority.
It also imposes new requirements in relation to the qualifications for the issue of an Engine Room Watch Rating Certificate.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Certification of Officers) (Amendment) Regulation 1998 (L. N. 105)
This Amendment Regulation sets out the conditions for treating a person as a qualified deck officer or a qualified engineer officer. It also provides for the reduction of manning level of a ship.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft) (Amendment) Rules 1998 (L. N. 106)
These Amendment Rules set out the conditions for the grant of a certificate of proficiency in survival craft and rescue boats (which replaces the existing certificate of proficiency in survival craft).
The Rules also set out the conditions for the grant of a certificate of proficiency in fast rescue boats.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Tankers-Officers and Ratings) (Amendment) Regulation (L. N. 107)
This Amendment Regulation imposes new requirements for the training and qualifications of officers and ratings on tankers with immediate responsibility for loading, discharging and care in transit or handling of cargo.
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Safety Training) Regulation (L. N. 108)
This Regulation is newly made under the Merchant Shipping (Seafarers) Ordinance (Cap. 478).
The Regulation requires that an employer and the master of a ship shall ensure that all seafarers employed on a ship to which the Regulation applies shall receive safety training in accordance with the Regulation (section 3). The Regulation also provides for offences and penalties (section 5).
Merchant Shipping (Seafarers) Ordinance (Cap. 478)
Merchant Shipping (Seafarers) (Ro-Ro Passenger ShipsTraining) Regulation (L. N. 109)
This Regulation is also a new Regulation made under the Merchant Shipping (Seafarers) Ordinance (Cap. 478).
The Regulation applies to all ro-ro passenger ships which are Hong Kong ships and while they are engaged on international voyages (section 2). The Regulation provides that only seafarers who have received training in accordance with the Regulation may be assigned to any duties on board (section 3).
The training is to be appropriate to the seafarers capacities, and the duties and responsibilities assigned to them (section 4).
Under the Regulation, it is an offence for the employer or master to permit an unqualified seafarer to be assigned any duties on board.
Merchant Shipping (Safety) Ordinance (Cap. 369)
Merchant Shipping (Safety) (GMDSS Radio Installations) (Amendment) Regulation 1998 (L. N. 110)
Pursuant to sections 97 and 107 of the Merchant Shipping (Safety) Ordinance (Cap. 369), the Secretary for Economic Services has made this Amendment Regulation.
This Amendment Regulation is to take immediate effect. The purpose of this Amendment Regulation is to implement in Hong Kong the amendments made in 1995 to Chapter IV (Radiocommunications) of the International Convention for the Safety of Life at Sea, 1974 and to reflect the change in the title of International Maritime Satellite Organization (INMARSAT) to International Mobile Satellite Organization (Inmarsat).
According to the PLC Brief issued by the Economic Services Bureau (File ref.: ECON 11/3231/91 (97)) dated 25 February 1998, the proposed amendments have been presented to the Shipping Consultative Committee and no objections have been raised by the members of that Committee.
Merchant Shipping (Safety) Ordinance (Cap. 369)
Merchant Shipping (Safety) (High Speed Craft) Regulation (L. N. 111)
The main purpose of this Regulation is to require certain high speed craft to be constructed, equipped, operated and maintained in accordance with the requirements of the International Code of Safety for High Speed Craft (HSC Code).
The HSC Code was adopted by the Maritime Safety Committee of the International Maritime Organization (IMO), and has been included in the International Convention for the Safety of Life at Sea. As a party to that Convention and an Associate Member of IMO, Hong Kong is obliged to give effect to this Code.
According to the Brief issued by the Economic Services Bureau dated 25 February 1998 (File ref.: 14/3231/79 (97) VI, the Dynamically Supported Craft and Hi-Speed Ferry Consultative Committee had been consulted and did not object to the implementation of the HSC Code in Hong Kong.
This Regulation will come into operation on a day to be appointed by the Secretary for Economic Services by notice in the Gazette.
*Pilotage Ordinance (Cap. 84)
Pilotage (Dues) (Amendment) Order 1998 (L. N. 112)
This Order amends the Pilotage (Dues) Order (Cap. 84 sub. leg.) by increasing the standard pilotage dues, certain additional pilotage due and the dues for cancelling an engagement of a pilot.
According to the Brief issued by the Economic Services Bureau dated 25 February 1998 (File ref.: ECON 20/5061/67 (89) IV), the Pilotage Advisory Committee has been consulted and has endorsed the revised pilotage dues for 1998. The Hong Kong Liner Shipping Association, members of which are mostly shipping agents who will pay the fees, have agreed to the revision. The fees are payable to The Hong Kong Pilots Association.
This Order will come into operation on 1 April 1998.
Road Traffic Ordinance (Cap. 374)
Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No. 2) Regulation 1998 (L. N. 113)
This Regulation amends the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub. leg.) to require buses, light buses, goods vehicles, special purpose vehicles and trailers registered on or after 1 June 1998 to be equipped with mudflaps, in addition to mudguards required under the Regulations.
Members may refer to PLC Brief TRAN 1/12/101(94) II issued by the Transport Bureau and dated 18 February 1998 for more background information.
Road Traffic Ordinance (Cap. 374)
Road Traffic (Safety Equipment) (Amendment) Regulation 1998 (L. N. 114)
The aim of this Regulation is to bring the standards for seat belts including restraining devices up-to-date and to empower the Commissioner to approve seat belts of the type capable of affording persons in a motor vehicle a degree of protection from injury equal to or greater than that provided by seat belts of the type specified in paragraph 1 of Part I of Schedule 2 to the Road Traffic (Safety Equipment) Regulations (Cap. 374 sub. leg.).
Members may refer to PLC Brief TRAN 3/09/13 issued by the Transport Bureau in February 1998 for more background information.
The Regulation will commence on a date to be appointed by the Commissioner for Transport.
Airport Authority Ordinance (Cap. 483)
Airport Authority Ordinance (Map of Restricted Area) Order (L. N. 115)
This Order describes and delineates the Restricted Area of the new airport at Chek Lap Kok, which includes the runways, taxiways, apron and those parts of the Passages Terminal Building which are airside.
Members may refer to PLC Brief ESBCR 2/935/95(98) and dated 19 February 1998 for more background information.
Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301)
Hong Kong Airport (Control of Obstructions) (Repeal) Order 1998 (L. N. 116)
This Order repeals the Hong Kong Airport (Control of Obstructions) Order 1997 (L.N. 16 of 1997 as amended by L.N. 217 of 1997) and section 4 of the Hong Kong Airport (Control of Obstructions) (No. 2) Order 1997 (L.N. 218 of 1997), all made under the Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301).
Members may refer to PLC Brief PELB(L) 35/19/21(97) issued by the Planning, Environment and Lands Bureau and dated 19 February 1998 for more background information.
The Order shall come into operation on a day to be appointed by the Secretary for Planning, Environment and Lands by notice in the Gazette.
Interpretation and General Clauses Ordinance (Cap. 1)
Rectification of Errors Order 1998 (L. N. 117)
This Order is made by the Secretary for Justice under section 98A of the Interpretation and General Clauses Ordinance (Cap. 1) to rectify some clerical errors in earlier enactments.
Under section 98A(2) of the Interpretation and General Clauses Ordinance (Cap. 1), the Order may only be annulled by the legislature and the annulment must be made not less than 27 days after the Order is tabled.
Guardianship of Minors Ordinance (Cap. 13)
Separation and Maintenance Orders Ordinance (Cap. 16)
Matrimonial Proceedings and Property Ordinance (Cap. 192)
Attachment of Income Order Rules (L. N. 118)
These Rules are made by the Chief Justice to specify the procedure for the recovery of arrears of maintenance due under the Guardianship of Minors Ordinance (Cap. 13), the Separation and Maintenance Orders Ordinance (Cap. 16) and the Matrimonial Proceedings and Property Ordinance (Cap. 192).
Rules 3 to 10 provide for the application, issue and enforcement of an order by the court for the attachment of the income of the defaulting maintenance payer and for other related matters.
Rule 11 sets out the offences and penalty relating to these Rules.
The Schedule to these Rules specifies the forms of the documents which are to be filed or served in the proceedings relating to attachment to income orders.
Members may refer to Information Notes HAB/II/4/7 XIII issued by the Home Affairs Bureau and dated 18 February 1998 for more background information.
The Rules will come into operation at the same time as the relevant provisions of the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997).
Supreme Court Ordinance (Cap. 4)
Rules of the Supreme Court (Amendment) Rules 1998 (L. N. 119)
These Rules, in relation to the implementation of the Convention on Civil Aspects of International Child Abduction in Hong Kong by virtue of the Child Abduction and Custody Ordinance (49 of 1997), amend the Rules of the Supreme Court (Cap. 4 sub. leg.) so as to provide for -
- in respect of an application for the return of a child -
- the procedure for the filing of an application;
- the documents and information to be furnished;
- the application for interim directions;
- the procedure for giving notice that there has been a wrongful removal or retention of a child who is the subject of proceedings relating to the merits of right of custody; and
- the procedure for obtaining an authenticated copy of a Court decision relating to the custody of a child.
Members may refer to PLC Brief HW CR1/3281/86 Pt.14 issued by the Health and Welfare Bureau and dated 18 February 1998 for more background information.
Banking Ordinance (Cap. 155)
Banking Ordinance (Declaration under Section 2(14)(d)) (No. 2) Notice 1997 (Amendment) Notice 1998 (L. N. 120)
This Notice amends the Banking Ordinance (Declaration under section 2(14) (d))(No.2) Notice 1997 (L.N. 395 0f 1997) by extending the non-core use of the "Octopus" card to services for the carriage of passengers provided by any operator of transport services other than those referred to in Part 1 of the Schedule.
Members may refer to PLC Brief issued by the Financial Services Bureau and dated 20 February 1998 for more background information.
This Notice shall come into operation on 1 April 1998.
Human Organ Transplant Ordinance (Cap. 465)
Human Organ Transplant Ordinance (Cap. 465) (Commencement) Notice 1998 (L. N. 121)
By this Notice, the Chief Executive, after consultation with the Executive Council, has appointed 1 April 1998 as the day on which the Ordinance (other than section 3) is to come into operation.
Section 3 establishes the Human Organ Transplant Board and has come into operation on 15 February 1996.
Human Organ Transplant Ordinance (Cap. 465)
Human Organ Transplant Regulation (L.N. 551 of 1997) (Commencement) Notice 1998 (L. N. 122)
The Secretary for Health and Welfare has appointed 1 April 1998 as the day on which the Regulation is to come into operation in conjunction with the principal ordinance.
Mutual Legal Assistance in Criminal Matters Ordinance (87 of 1997)
Mutual Legal Assistance in Criminal Matters Ordinance (87 of 1997) (Commencement) Notice 1998 (L. N. 123)
The Secretary for Security has appointed 20 February 1998 as the day on which sections 10 (Requests to Hong Kong for taking of evidence, etc.) and 12 (Requests to Hong Kong for search and seizure) of the Ordinance came into operation.
Most of the other provisions of the Ordinance have already come into operation.
Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997)
Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997) (Commencement) Notice 1998 (L. N. 124)
The Secretary for Health and Welfare has appointed 1 April 1998
as the day on which some sections of the Ordinance and 1 July 1998 as the day on which most other provisions of the Ordinance are to come into operation.
Among the few provisions which have yet to commence are sections 11 (Tobacco advertisements in printed publications) and 22 (Evidence of tar and nicotine yields) of the amending ordinance.
Prepared by
HO Ying-chu, Anita (L.N. 93, 101-111)
CHEUNG Ping-kam, Arthur (L.N. 94-100, 112-124)
Assistant Legal Advisers
Provisional Legislative Council Secretariat
23 February 1998
*Denotes duty increase
