PLC Paper No. LS 15

Paper for the House Committee Meeting
of the Provisional Legislative Council
on 15 August 1997

Legal Service Division Report on
i) a motion under section 31 of the
Births and Deaths Registration
Ordinance (Cap 174) and
ii) a motion under section 3(4) of the
Legitimacy Ordinance (Cap. 184)

The Secretary for Security has given notice to move the above motions at the PLC meeting on 27 August 1997. The two motions propose increase in fees collected by the Immigration Department under the Births and Deaths Registration Ordinance and the Legitimacy Ordinance.

2. The fee increases are intended to achieve full cost recovery in respect of the services rendered. The fees affected include fees prescribed under the Births and Deaths Registration Ordinance for -

1. late registration of birth under section 9;
2. registration of name of child or of alteration of name under section 13;
3. for searches on entries and certified copies under section 22;
4. for a shortened form of birth certificate under section 23; and
5. correction of errors in register under section 27.

The increases are about 15% and, in dollar terms, range from $10 to $90. All the increases will take effect from 3 October 1997.

3. The fees which will be increased under the Legitimacy Ordinance are the fees for the re-registration of the birth of a legitimated person and for a certified copy of an entry of the birth of a re-registered legitimated person. The increases will be from $295 to $340 and from $120 to $140 respectively. The effective date will also be 3 October 1997.

4. Under the two Ordinances, the legislature may by resolution vary the amount of the respective fees. The two draft resolutions are legally in order.

Prepared by

CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Provisional Legislative Council Secretariat
11 August 1997