PLC Paper No. LS 55

Paper for the House Committee Meeting of the Provisional Legislative Council on 5 December 1997

Legal Service Division Report on Subsidiary Legislation Gazetted on 28 November 1997

Date of Tabling in Provisional LegCo : 3 December 1997

Amendment to be made by : 17 December 1997 (or 7 January 1998 if extended by resolution)

Dangerous Drugs Ordinance (Cap. 134) Dangerous Drugs (Amendment) Regulation 1997 (L.N. 556)

Regulation 3 of the Dangerous Drugs Regulations (Cap. 134 sub. leg.) (懀he principal Regulations� requires an approved veterinary surgeon to comply with certain specified conditions when he issues a prescription. Regulation 5 of the principal Regulations requires an approved veterinary surgeon to keep certain records.

The Veterinary Surgeons Registration Ordinance (96 of 1997) provides for the registration of veterinary surgeons. The term egistered veterinary surgeon�is defined to mean a person whose name is currently entered in the register. Section 16 of the Ordinance prohibits any person from practising veterinary surgery in Hong Kong unless he is registered or he is holder of a valid practising certificate.

This Regulation amends regulations 3 and 5 of the principal Regulations by repealing the references to 弌pproved�veterinary surgeons and substituting egistered�veterinary surgeons.

The Regulation will come into operation on the day section 16 of the Veterinary Surgeons Registration Ordinance comes into operation. It is expected that section 16 will come into operation early next year.

Supplementary Medical Professions Ordinance (Cap. 359) Medical Laboratory Technologists (Registration and Disciplinary Procedure) (Amendment) Regulation 1997 (L.N. 557) Physiotherapists (Registration and Disciplinary Procedure) (Amendment) Regulation 1997 (L.N. 558) Radiographers (Registration and Disciplinary Procedure) (Amendment) Regulation 1997 (L.N. 559)

The Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations, the Physiotherapists (Registration and Disciplinary Procedure) Regulation and the Radiographers (Registration and Disciplinary Procedure) Regulation (懀he principal Regulations� are subsidiary legislation made under the Supplementary Medical Professions Ordinance (Cap. 359). These principal Regulations exempt, among other persons, a duly qualified veterinary surgeon in relation to specified treatment by him of an animal, from the operation of the Supplementary Medical Professions Ordinance.

These Regulations (L.N.s 557 - 559) amend the principal Regulations by repealing the references to uly qualified�veterinary surgeons and substituting egistered�veterinary surgeons as provided for in the Veterinary Surgeons Registration Ordinance.

These Regulations will come into operation on the day section 16 of the Veterinary Surgeons Registration Ordinance comes into operation.

Civil Aviation Ordinance (Cap. 448) Air Navigation (Hong Kong) (Amendment) Order 1997 (L.N. 560)

This Order amends the Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995) to require aircraft registered in Hong Kong to use the nationality mark of the People Republic of China.

Members may refer to PLC Brief Ref : ESB CR 5/3231/91 of 27 November 1997 from Economic Services Bureau for background information.

The Order will come into operation on 1 January 1998.

Veterinary Surgeons Registration Ordinance (96 of 1997) Veterinary Surgeons Registration (Fees) Regulation (L.N. 563)

This Regulation prescribes the fees that are payable for the application for registration as a registered veterinary surgeon, application for issuance of a practising certificate, application for renewal of a practising certificate, extension of time for renewal of a practising certificate, and for issuance of a certificate of registration under the Veterinary Surgeons Registration Ordinance (96 of 1997).

The Regulation will come into operation on a day to be appointed by the Secretary for Economic Services by notice in the Gazette.

Tax Reserve Certificates (Fourth Series) Rules (Cap. 289 sub. leg.) Tax Reserve Certificates (Rate of Interest) (No. 3) Notice 1997 (L.N. 564)

This Notice fixes at 6.24% per annum the rate of interest payable on tax reserve certificates issued on or after 1 December 1997.

Public Health and Municipal Services Ordinance (Cap. 132) Hawker (Permitted Place) Declaration 1997 (L.N. 565)

This Declaration declares the pavement in front of House No. 3 of Sugar Street, Hong Kong, a hawker permitted place and makes a consequential amendment to the Hawker (Permitted Place) (Urban Council) (Consolidation) Declaration (Cap. 132 sub. leg.).

Non-Local Higher and Professional Education (Regulation) Ordinance Non-Local Higher and Professional Education (Regulation) Ordinance (Cap. 493) (Commencement) (No. 2) Notice 1997 (L.N. 566)

This Notices specifies 1 December 1997 as the day on which certain provisions of the Non-Local Higher and Professional Education (Regulation) Ordinance (Cap. 493) will come into operation. Those provisions are related to the appeals against the decision of the Registrar of Non-local Higher and Professional Education Courses, in relation to registration. The other provisions of the Ordinance have come into operation in June 1997.

Non-Local Higher and Professional Education (Appeal Board) Rules Non-Local Higher and Professional Education (Appeal Board) Rules (L.N. 264 of 1997) (Commencement) Notice 1997 (L.N. 567)

This Notice specifies 1 December 1997 as the day on which the Non-Local Higher and Professional Education (Appeal Board) Rules (L.N. 264 of 1997) will come into operation. The Rules provide for the procedure for appeals under the Non-Local Higher and Professional Education (Regulation) Ordinance (Cap. 493).

Non-Local Higher and Professional Education (Regulation) Rules Non-Local Higher and Professional Education (Regulation) Rules (L.N. 265 of 1997) (Commencement) (No. 2) Notice 1997 (L.N. 568)

This Notice specifies 1 December 1997 as the day on which section 5(3)(a) and (4) of the Non-Local Higher and Professional Education (Regulation) Rules (L.N. 265 of 1997) will come into operation. The Rules provide for the procedure for appeals under the Non-Local Higher and Professional Education (Regulation) Ordinance (Cap. 493). Those provisions are related to requirement for obtaining the approval of the Registrar of Non-local Higher and Professional Education Courses to operate a registered course or an exempted course on premises. The other provisions of the Non-Local Higher and Professional Education (Regulation) Rules have come into operation in June 1997.

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
2 December 1997

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