PLC Paper No. LS 11

Paper for the House Committee Meeting
of the Provisional Legislative Council
on 8 August 1997

Legal Service Division Report on
Subsidiary Legislation Gazetted on 25 July 1997

Date of Tabling in Provisional LegCo : 20 August 1997

Amendment to be made by : 10 September 1997 (or 24 September 1997
if extended by resolution)

Prisons Ordinance (Cap. 234) Prisons (Amendment) Order 1997 (L.N. 400) Drug Addiction Treatment Centres Ordinance (Cap. 244) Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) (Amendment) Order 1997 (L.N. 401)

The Prisons (Amendment) Order 1997 (L.N. 400) discontinues the use of the Special Unit Block of Hei Ling Chau Addiction Treatment Centre as a prison for the purposes of the Prisons Ordinance (Cap. 234).

The Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) (Amendment) Order 1997 (L.N. 401) amends the Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) Order (Cap. 244 sub. leg.) to include the Special Unit Block as part of the Hei Ling Chau Addiction Treatment Centre.

Both Orders will come into operation on 25 July 1997.

Patents Ordinance (52 of 1997) Patents (General) (Amendment) Rules 1997 (L.N. 402)

These Rules make a number of minor textual amendments to the Patents (General) Rules (L.N. 339 of 1997).

Public Health and Municipal Services Ordinance (Cap. 132) Pleasure Grounds (Urban Council) (Amendment) Bylaw 1997 (L.N. 403)

This Bylaw prohibits any person, in any pleasure ground in the Urban Council area, from melting or burning wax, or sprinkling or pouring any liquid onto hot wax, in such a manner as to cause or as to be likely to cause a risk of injury to anyone or damage to any property. A person guilty of the offence is punishable with a fine at Level 1 ($2,000) and imprisonment for 14 days.

Interpretation and General Clauses Ordinance (Cap. 1) Declaration of Change of Titles (Principal Government Town Planner and Government Town Planner) Notice 1997 (L.N. 404)

This Notice declares a change in the title of -

1. the Principal Government Town Planner to the Deputy Director of Planning; and
2. the Government Town Planner to the Assistant Director of Planning, and consequently amends references to those titles whenever occurring in any instrument, contract or legal proceedings made or commenced before 1 July 1997.

The Notice is deemed to have come into operation on 1 July 1997.

Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 (63 of 1994) (Commencement) Notice 1997 (L.N. 405)

This Notice specifies 28 July 1997 as the day on which the Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 (63 of 1994) will come into operation. The Ordinance provides for offences in relation to ships used for illicit trafficking in dangerous drugs and the enforcement powers of the relevant authority. The provisions apply to, inter alia, a ship registered in a jurisdiction other than Hong Kong which is a party to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which was only extended to Hong Kong in May 1997.

Copyright Ordinance Copyright Ordinance (92 of 1997) (Commencement) Notice 1997 (L.N. 406)

This Notice specifies 25 July 1997 as the day on which sections 142, 143 and 144 of the Copyright Ordinance (92 of 1997) will come into operation. Section 142 empowers the Commissioner of Customs and Excise to assess the costs incurred by the Government in connection with the carrying out of a detention order to seize an article which is suspected to be an infringing copy. Section 143 provides for compensation, in certain circumstances, to be payable to an importer whose article has been seized under a detention order. Section 144 empowers the court to make rules. The majority provisions in the Ordinance have already come into operation upon its enactment.

Import and Export (Fees) (Amendment) Regulation 1997 Import and Export (Fees) (Amendment) Regulation 1997 (L.N. 245 of 1997) (Commencement) Notice 1997 (L.N. 407)

This Notice specifies different dates for certain fees increase provisions in the Import and Export (Fees) (Amendment) Regulation 1997 (L.N. 245 of 1997) to come into operation. The rest of the provisions in the Regulation have already come into operation.

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
29 July 1997