PLC Paper No. LS 71
Ref : CB2/SS/2/97
Paper for the House Committee Meeting
of Provisional Legislative Council
on 2 January 1998
Legal Service Division Report on Subsidiary Legislation Gazetted on
24 December 1997
| Date of Tabling in Provisional LegCo | : | 7 January 998
|
| Amendment to be made by | : | 21 January 1998 (or 11 February 1998 if extended by resolution)
|
Aviation Security Ordinance (Cap. 494)
Aviation Security Regulation (L.N. 622)
The purpose of this Regulation is to establish a system of issuing permits for individuals and vehicles to enter an airport restricted area or a tenant restricted area where one is identified as such on a plan of a restricted area established by the Aviation Security Authority under the power given to him by section 35 of the Aviation Security Ordinance (Cap. 494).
The Regulation also establishes a number of offences, including entering or remaining in a restricted area without a valid permit, driving a vehicle into or within an airport restricted area or using a vehicle within an airport restricted area without a valid vehicle permit, entering or attempting to enter a restricted area by any means other than those permitted by the Regulation. The maximum penalty for offences under the Regulation ranges from a fine at level 2 to level 5 and/or imprisonment for 3 months to 2 years.
The Regulation is modelled on the Hong Kong Airport (Restricted Areas) Regulations (Cap. 292 sub. leg.) which applies to Kai Tak. It will come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette.
According to paragraph 9 of the PLC Brief Reference: SBCR 1/1476/96 dated December 1997 issued by the Security Bureau, the Regulation has been circulated to the Airport Authority, the airlines and airport tenants. They have expressed general support for the Regulation.
Hospital Authority Ordinance (Cap. 113)
Hospital Authority Ordinance (Amendment of Schedule 1) Order 1997 (L. N. 623)
This Order amends Schedule l to the Hospital Authority Ordinance (Cap. 113) by adding North District Hospital to the list of hospitals under the management and control of the Hospital Authority.
Coroners Ordinance (Cap. 14)
Places for Post-Mortem Examination (Amendment) (No. 3) Order 1997 (L. N. 624)
This Order adds North District Hospital Mortuary to the Schedule to the Places for Post-Mortem Examination Order (Cap. 14 sub. leg.) as a place for post-mortem examination.
Prisons Ordinance (Cap. 234)
Prisons (Amendment) (No. 3) Order 1997 (L. N. 625)
This Order sets apart Chi Ma Wan Drug Addiction Treatment Centre as a prison with effect from 2 January 1998.
Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 7) Order 1997 (L. N. 626)
This Order sets aside 5 places, namely, Chung Nga Road Children's Playground, Kam Shek New Village Garden, Pak Tin Pa Garden, Pik Uk Garden and Tsuen Wan Park as public pleasure grounds in the Regional Council area and amends the Chinese name of Pak Shek Terrace Garden 
to 
.
The effect of the Order is that the Public Health and Municipal Services Ordinance (Cap. 132) will apply to those places.
Legal Practitioners Ordinance (Cap. 159)
Admission and Registration (Amendment) Rules 1997 (L. N. 627)
These Rules amend Forms 2 and 4 in the Schedule to the Admission and Registration Rules (Cap. 159 sub. leg.) consequent upon the repeal of the Continuing Legal Education Rules (Cap. 159 sub. leg.) and the implementation of the Continuing Professional Development Rules (L.N. 628 of 1997).
These Rules will come into operation on 1 January 1998.
Legal Practitioners Ordinance (Cap. 159)
Continuing Professional Development Rules (L. N. 628)
These Rules repeal and replace the Continuing Legal Education Rules (Cap. 159 sub. leg.) and implement with effect from 1 January 1998 a scheme of mandatory continuing professional development which will apply to all trainee solicitors and will gradually apply to all solicitors and enable them to satisfy the requirements by a broad range of activities.
On 1 January 1998, all solicitors holding current practising certificates admitted after 31 December 1993 are required to undergo continuing professional development and this requirement will apply to all solicitors holding current practising certificates from 1 January 2003. However, suspension from the application of these Rules will be granted to solicitors and trainee solicitors who are not in practice or employment in Hong Kong.
Sex Discrimination Ordinance (Cap. 480)
Sex Discrimination (Investigation and Conciliation) (Amendment) Rules 1997 (L. N. 629)
Disability Discrimination Ordinance (Cap. 487)
Disability Discrimination (Investigation and Conciliation) (Amendment) Rules 1997 (L. N. 630)
L.N. 629 and L.N. 630 amend section 3(2) of the Sex Discrimination (Investigation and Conciliation) Rules (L.N. 473 of 1996) and of the Disability Discrimination (Investigation and Conciliation Rules) (L.N. 475 of 1996) respectively to specify separately the conditions required to be met to enable a representative complaint to be lodged under the Sex Discrimination Ordinance (Cap. 480) and the Disability Discrimination Ordinance (Cap. 487) on behalf of a class consisting of one member and on behalf of a class consisting of more than one member.
The effect of the new provision is that a representative complaint may be lodged only with the consent of the class member(s). However, where there is more than one class member, the following additional conditions have to be complied with before a representative complaint may be lodged:
- where the class members have complaints against the same person;
- where all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
- where all the complaints give rise to a substantial common issue of law or fact.
Both Rules will come into operation on 6 March 1998.
The Legal Service Division has raised some queries with the Equal Opportunities Commission relating to the Chinese text of both Rules. A further report will be made if necessary.
Interpretation and General Clauses Ordinance (Cap. 1)
Declaration of Change of Title (Advisory Council on the Environment) Notice 1997 (L. N. 631)
This Notice declares a change in the Chinese title of the Advisory Council on the Environment 
to 
with effect from 1 January 1998 and consequently amends references to that title in certain enactments and in any instrument, contract or legal proceedings made or commenced before 1 January 1998.
Import and Export (General) Regulations (Amendment of Schedules) (No. 2) Order 1997
Import and Export (General) Regulations (Amendment of Schedules) (No. 2) Order 1997 (L.N. 529 of 1997) (Commencement) Notice 1997 L. N. 632)
By this Notice, 29 December 1997 is appointed as the day on which the Import and Export (General) Regulations (Amendment of Schedules) (No. 2) Order 1997 (L.N. 529 of 1997) will come into operation.
The Order amends the First and Second Schedules to the Import and Export (General) Regulations (Cap. 60 sub. leg.) in order to prevent the import or export of optical disc mastering and replication equipment without an appropriate licence issued under section 3 of the Import and Export Ordinance (Cap. 60).
Long-term Prison Sentences Review Regulation
Long-term Prison Sentences Review Regulation (L.N. 607 of 1997) (Commencement) Notice 1997 (L. N. 633)
By this Notice, 24 December 1997 is appointed as the day on which the Long-term Prison Sentences Review Regulation (L.N. 607 of 1997) will come into operation.
The Regulation deals with matters necessary to enable the Long-term Prison Sentences Review Ordinance (86 of 1997) to be brought into operation.
Public Finance Ordinance (Cap. 2)
Resolution of the Provisional Legislative Council (L. N. 610 of 1997) (Commencement) Notice 1997 (L. N. 634)
By this Notice, 1 January 1998 is appointed as the day on which the Resolution of the Provisional Legislative Council (L.N. 610 of 1997) made and passed by the Provisional Legislative Council under section 29(1) of the Public Finance Ordinance (Cap. 2) on 17 December 1997 will come into operation.
The Resolution provides for, inter alia, (i) the removal of the land premia sharing arrangements in the Capital Works Reserve Fund ( " the CWRF " ) between the former Hong Kong Government and the Hong Kong Special Administrative Region ( " HKSAR " ) as those arrangements have become obsolete with the establishment of the HKSAR Government on 1 July 1997 and (ii) the crediting of income from land transactions into the CWRF to ensure that the CWRF will have regular income to finance capital works programme.
Prepared by
Fung Sau-kuen, Connie
Assistant Legal Adviser
Provisional Legislative Council Secretariat
29 December 1997
