PLC Paper No. LS 32
Paper for the House Committee Meeting of the
Provisional Legislative Council
on 17 October 1997
Legal Service Division Report on Subsidiary
Legislation Gazetted on
9 October 1997
| Date of Tabling in Provisional LegCo: | 15 October 1997
|
| Amendment to be made by : | 12 November 1997
(or 19 November 1997
if extended by resolution)
|
Environmental Impact Assessment Ordinance (9 of 1997)
Environmental Impact Assessment (Appeal Board) Regulation (L.N. 455)
The Environmental Impact Assessment Ordinance (9 of 1997) was enacted in February 1997. No date has been appointed by the Secretary for Planning, Environment and Lands for its coming into operation.
Under section 32 of the Ordinance, the Secretary for Planning, Environment and Lands may, after consultation with the Advisory Council on the Environment, make regulations on appeals under Part VI and on the practice and procedure of the Appeal Board. This Regulation is similar to other relevant appeal board regulations such as the regulation in Waste Disposal Ordinance (Cap. 354) with some minor modifications. Members may refer to the Provisional Legislative Council Brief Ref: PELB(E)55/18/24(97) and PELB(E)55/18/25(97) issued by the Planning, Environment and Lands Bureau in October 1997 for background information.
The legal and drafting aspects of this regulation are in order. It shall come into operation on a day to be appointed by the Secretary for Planning, Environment and Lands.
Environmental Impact Assessment Ordinance (9 of 1997)
Environmental Impact Assessment (Fees) Regulation (L.N. 456
Under the Environmental Impact Assessment Ordinance (9 of 1997), the Secretary for Planning, Environment and Lands has the power to prescribe fees. This Regulation prescribes the fees to be charged for various applications made under the Ordinance. The proposed fees are as follows:
| Type of Application | Proposed Fee
|
|---|
| (a) | An environmental impact assessment study brief
| $15,400
|
| (b) | Approval to apply for an environmental permit directly
| $17,700
|
| (c) | Approval of an environmental impact assessment report
| $39,800
|
| (d) | Environmental permit
| $15,600
|
| (e) | Further environmental permit
| $5,690
|
| (f) | Variation of the conditions of an environmental permit
| $7,780
|
According to the Administration, the proposed fees are in line with the "polluter pays principle" and are set at levels adequate to recover the full costs of providing the services. The Ordinance will be implemented in early 1998. The Regulation shall come into operation on a day to be appointed by the Secretary.
* Companies Ordinance (Cap. 32)
Companies Ordinance (Amendment of Eighth Schedule) Order 1997 (L.N. 457)
The Financial Secretary proposes to amend more than 40 fees items payable to the Registrar of Companies contained in the Eighth Schedule of the Companies Ordinance (Cap. 32). With the exception of four fees items, the amending legislation increases fees by, on average, 9% in line with the rate of inflation as measured by the movement in the Government Consumption Expenditure Deflator. The fees were last reviewed in March 1996. Members may refer to the Provisional Legislative Council Brief (Ref: C1/6/3(97) Part VII) for the reasons for imposing a much higher rate of increase for those four items (paragraphs 9 and 10 of the Provisional Legislative Council Brief). The revised fees will come into effect on 1 December 1997.
*Limited Partnerships Ordinance (Cap. 37)
Limited Partnerships Ordinance (Amendment of Schedule) Order 1997 (L.N. 458)
Section 16(2) of the Limited Partnerships Ordinance provides that the Chief Executive in Council may by order amend the Schedule. The Interpretation and General Clauses Ordinance (Cap. 1) empowers the Financial Secretary (which means the Secretary for the Treasury by virtue of section 3 of Cap. 1) to vary fees previously set by subsidiary legislation made by the Chief Executive in Council. This Order amends the Schedule to the Limited Partnerships Ordinance (Cap. 37) to increase the fees payable to the Registrar of Companies in respect of limited partnerships by about 9%. The new fees will come into effect on 1 December 1997.
*Companies Ordinance (Cap. 32)
Companies Ordinance (Fee for Taking Affidavit, Affirmation or Declaration) (Amendment) Notice 1997 (L.N. 459)
This Notice increases the fees chargeable by the Registrar of Companies for the taking of an affidavit, an affirmation or a declaration from $60 to $65 and signing on an exhibit, an affirmation or a declaration from $6 to $7. The increase will come into effect on 1 December 1997.
Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 5) Order 1997 (L.N. 460)
This Order sets aside the Ma On Shan Pavilion, Pak Shek Terrace Garden and Yau Yue Wan Children's Playground as public pleasure grounds in the Regional Council area and provides that the San Hui Tennis Court shall cease to be set aside as a public pleasure ground.
It also amends the Fourth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132) by substituting-
- "The Jockey Club Kwai Shing Public Squash Courts' for "The Royal Hong Kong Jockey Club Public Squash Court", and
- "The Jockey Club Tuen Mun Butterfly Beach Indoor Recreation Centre" for "Royal Hong Kong Jockey Club Tuen Mun Butterfly Beach Indoor Recreation Centre".
Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Swimming Pools) (Amendment of Fourteenth Schedule) Order 1997 (L.N. 461)
This Order amends the Fourteenth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132) by substituting "The Jockey Club Yan Oi Tong Swimming Pool" for "The Royal Hong Kong Jockey Club Yan Oi Tong Swimming Pool".
Family Status Discrimination Ordinance (91 of 1997)
Family Status Discrimination (Investigation and Conciliation) Rules (L.N. 462)
Under section 66 of the Family Status Discrimination Ordinance (91 of 1997), the Equal Opportunities Commission ("the EOC") is empowered to make rules for investigating into complaints and providing conciliation to effect a settlement. The EOC has already prescribed rules for the Sex Discrimination Ordinance and the Disability Discrimination Ordinance (L.N. 473 and L.N. 475 of 1996). These Rules modelled on those previously prescribed and shall come into operation on 21 November 1997. The Home Affairs Bureau has indicated that the Ordinance would commence on the same date.
Family Status Discrimination Ordinance (91 of 1997)
Family Status Discrimination (Formal Investigations) Rules (L.N. 463)
The Family Status Discrimination Ordinance (91 of 1997) provides that a notice of the holding of a formal investigation under section 49, notice for requiring information under section 50 and an enforcement notice under section 55 must be given in a form and the manner prescribed by the Equal Opportunities Commission ("the EOC"). Accordingly, the EOC has prescribed the forms as specified in these Rules which shall come into operation on 21 November 1997.
In the course of our scrutiny of the Rules, we have noted the inappropriate reference to section 55(1) in Schedule 1 to the Rules which should be section 50(1) instead. The EOC has been informed and appropriate legislative measure would be introduced to rectify the error in order to avoid any confusion when the Rules come into effect.
District Court Ordinance (Cap. 336)
District Court Equal Opportunities (Amendment) Rules 1997 (L.N. 464)
These Rules seek to expand the scope of the existing District Court Equal Opportunities Rules (Cap. 336 sub. leg.) such that the special arrangements in the District Court in respect of cases brought under the Sex Discrimination Ordinance and the Disability Discrimination Ordinance will also apply to cases brought under the Family Status Discrimination Ordinance.
Member may refer to the Information Note for the Provisional Legislative Council (File Ref: HAB/CR/1/2/35) issued by the Home Affairs Bureau dated 7 October 1997 for background information.
These Rules shall come into operation on a day to be appointed by the Chief Justice by notice in the Gazette.
Labour Tribunal Ordinance (Cap. 25)
Labour Tribunal (General) (Amendment) Rules 1997 (L.N. 465)
The District Court can under certain circumstances transfer cases under the Sex Discrimination Ordinance and the Disability Discrimination Ordinance to the Labour Tribunal. Consequential upon the enactment of the Family Status Discrimination Ordinance, Rule 7A of the Labour Tribunal (General) Rules is now amended so as to ensure that any claims in respect of the Family Status Discrimination Ordinance can also be transferred to the Labour Tribunal.
These Rules shall also come into operation on a day to be appointed by the Chief Justice by notice in the Gazette.
*Denotes fee increase
Prepared by
Ho Ying-chu, Anita
Assistant Legal Adviser
Provisional Legislative Council Secretariat
13 October 1997
