PLC Paper No. LS 76
Paper for the House Committee Meeting
of the Provisional Legislative Council
on 9 January 1998
Legal Service Division Report on
Resolution under Section 2(3) of the
Legislative Provisions (Suspension of Operation)
Ordinance 1997 (126 of 1997)
The Secretary for Home Affairs ( " the Secretary " ) has given notice to move the above motion at the meeting of the Council on 21 January 1998.
2.Members will recall that in July 1997, the Legislative Provisions (Suspension of Operation) Ordinance 1997 (126 of 1997) ( " the Ordinance " ) was enacted to suspend, among other things, the operation of the amendments made by the Hong Kong Bill of Rights (Amendment) Ordinance 1997 (107 of 1997) ( " the Amendment Ordinance " ) to its principal Ordinance.
3.Under the Ordinance, the suspension will cease to have effect on 31 October 1997, unless it is extended by resolution of the Council under section 2(3) of the Ordinance. At the meeting of the Council on 29 October 1997, the Administration sought and the Council approved to extend the period of suspension to 31 January 1998 for the Administration to examine the implications of the Amendment Ordinance.
4.The Administration now seeks the Council's approval to further extend the period of suspension to 28 February 1998. According to the Secretary's draft speech attached to the motion, the Administration is about to submit its proposal on the way forward for the Amendment Ordinance. To allow Members sufficient time to consider its proposal, the Administration therefore seeks a further extension of the period of suspension. The Legal Service Division sought to clarify with the Administration about the form of the proposal, for example, whether it would be in the form of Amendment Bill, and the time of introducing the Amendment Bill into the Council (Appendix I). In reply, the Administration says that it is still considering how to deal with the Amendment Ordinance (Appendix II).
5.The legal and drafting aspects of the resolution are in order.
Prepared by
Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
6 January 1998
By Fax No. 2591 6002
LS/S/26
2869 9216
2877 5029
2 January 1998
Ms. Winnie So
Assistant Secretary for Home Affairs
Home Affairs Bureau
31/F Southorn Centre
130 Hennessy Road, Wai Chai
Hong Kong
Dear Winnie,
Resolution under section 2(3) of the
Legislative Provisions (Suspension of Operation)
Ordinance 1997 (126 of 1997)
The Secretary for Home Affairs intends to move a motion at the Provisional Legislative Council meeting on 21 January 1998 to seek Members' approval to further extend the suspension of the Hong Kong Bill of Rights (Amendment) Ordinance 1997 until 28 February 1998. In the course of our scrutiny of the legal and drafting aspects of the resolution, it is noted, in the speech by the Secretary attached to the motion, that the Administration is about to submit its proposal on the way forward for the Amendment Ordinance. We should be grateful for your advice as to -
- will the proposal be in a form of Amendment Bill?
- if yes, when will the Amendment Bill be gazetted and introduced into the PLC?
It is highly appreciated that your reply could reach us by 5 February 1998.
Yours sincerely,
(Stephen LAM)
Assistant Legal Adviser
