PLC Paper No. LS 1/97-98

Paper for the House Committee Meeting
on 11 July 1997

Legal Service Division Report on
Subsidiary Legislation Gazetted on 1 and 4 July 1997

Date of Tabling in Provisional LegCo : 9 July 1997

Amendment to be made by : 23 July 1997 (or 20 August 1997
if extended by resolution)

Rules of the Supreme Court (Amendment) (No. 3) Rules 1997 (L.N. 313 of 1997) Rules of the Supreme Court (Amendment) (No. 3) Rules 1997 (L.N. 313 of 1997) (Commencement) Notice 1997 (L. N. 380)

By this Notice, the Chief Justice appoints 1 July 1997 as the day on which the Amendment Rules shall come into operation.

These Amendment Rules amend various forms in the Appendices of the Rules of the Supreme Court (Cap. 4 sub. leg.) to allow a defence to be written in the Chinese language and to repeal expressions which carry colonial connotations.

District Court Civil Procedure (Forms) (Amendment) Rules 1997 (L.N. 314 of 1997) District Court Civil Procedure (Forms) (Amendment) Rules 1997 (L.N. 314 of 1997) (Commencement) Notice 1997 (L. N. 381)

By this Notice, the Chief Justice appoints 1 July 1997 as the day on which the Amendment Rules shall come into operation.

These Amendment Rules amend various forms in the District Court Civil Procedure (Forms) Rules (Cap. 336 sub. leg.) to allow any defence or counterclaim to be written in Chinese and to remove references to the old District Courts.

Coroners (Forms) (Amendment) Rules 1997 (L.N. 315 of 1997) Coroners (Forms) (Amendment) Rules 1997 (L.N. 315 of 1997) /Commencement) Notice 1997 (L. N. 382)

By this Notice, the Chief Justice appoints 1 July 1997 as the day on which the Amendment Rules shall come into operation.

These Amendment Rules amend the Schedule to the Coroners (Forms) Rules (Cap. 14 sub. leg.) by repealing expressions which carry colonial connotations.

Magistrates (Forms) (Amendment) Rules 1997 (L.N. 355 of 1997) Magistrates (Forms) (Amendment) Rules 1997 (L.N. 355 of 1997) (Commencement) Notice 1997 (L. N. 383)

By this Notice, the Chief Justice appoints 1 July 1997 as the day on which the Amendment Rules shall come into operation.

These Amendment Rules amend various forms in the Schedule to the Magistrates (Forms) Rules (Cap. 227 sub. leg.) to remove expressions which carry colonial connotations.

Hong Kong Court of Final Appeal Ordinance (Cap. 484) Hong Kong Court of Final Appeal Rules (L. N. 384) Hong Kong Court of Final Appeal Ordinance (Cap. 484) Hong Kong Court of Final Appeal Fees Rules (L. N. 385)

These 2 sets of rules are made by the Court of Final Appeal Rules Committee to tie in with the coming into operation on 1 July 1997 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484). Their purposes are to prescribe respectively the procedures and the fees payable for appeals in the Hong Kong Court of Final Appeal.

The first set of rules contains detailed procedural rules and will be scrutinised in the usual manner. Members may refer to the Explanatory Note at the end of the rules for a summary of the matters dealt with by the rules.

Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) (Commencement) Notice 1997 (L.N. 387)

This Notice appoints 4 July 1997 as the day on which the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (other than sections 6, 14, part of 18, 30 and 34) shall come into operation. The Ordinance improves existing provisions on recovery of maintenance, disposal of property and custody of children in the Guardianship of Minors Ordinance (Cap. 13), the Separation and Maintenance Orders Ordinance (Cap. 16), the Matrimonial Causes Ordinance (Cap. 179) and the Matrimonial Proceedings and Property Ordinance (Cap. 192).

The sections that have not come into operation relate to the power of the court to make an order for the attachment of income of the defaulting maintenance payer. They will take effect after the Chief Justice of the Court of Final Appeal makes such rules of court as he considers necessary or expedient under section 9A(6) of the Separation and Maintenance Orders Ordinance (Cap.16).

Prepared by

Wong Sze-man, Bernice
Cheung Ping-kam, Arthur
Assistant Legal Advisers
Provisional Legislative Council Secretariat
8 July 1997