PLC Paper No. LS 7/97-98

Paper for the House Committee Meeting
of Provisional Legislative Council
on 18 July 1997

Legal Service Division Report on
Subsidiary Legislation Gazetted on 11 July 1997

Date of Tabling in Provisional LegCo : 16 July 1997

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

Dangerous Drugs Ordinance (Cap. 134) Dangerous Drugs Ordinance (Amendment of Second Schedule) (No. 2) Order 1997 (L. N. 388)

This Order amends the Second Schedule to the Dangerous Drugs Ordinance (Cap. 134) (懀he Ordinance� by adding a further institution,孏he Lookout� to the list of prescribed hospitals and institutions in that Schedule.

Under sections 22 and 23 of the Ordinance, persons such as a matron or a sister of a department in a prescribed hospital are authorized to be in possession of and to supply dangerous drug for the practice or exercise of his profession in accordance with a prescription lawfully given by a registered medical practitioner.

Further, under section 52(6) of the Ordinance, any public officer authorized in writing by the Director of Health may enter, inspect and search an institution in that Schedule relating to dealings in a dangerous drug for the purposes of such institution.

Public Health and Municipal Services Ordinance (Cap. 132) Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 3) Order 1997 (L. N. 389)

The Order was made by the Provisional Regional Council under section 106 of the Public Health and Municipal Services Ordinance (Cap. 132) to set aside the places specified in Schedule 1 to the Order for use as public pleasure grounds. It also provides that the Tai Po Promenade shall cease to be set aside as a public pleasure ground.

Railways Ordinance Railways Ordinance (59 of 1997) (Commencement) Notice 1997 (L. N. 390)

This Notice appoints 11 July 1997 as the day on which the Railways Ordinance (59 of 1997) shall come into operation.

The Ordinance provides for matters relating to the resumption of land, creation of easements or rights and the exercise of other powers by the Government for the construction of railways and provides for compensation for losses caused by the exercise of the powers.

Veterinary Surgeons Registration Ordinance Veterinary Surgeons Registration Ordinance (96 of 1997) (Commencement) Notice 1997 (L. N. 391)

By this Notice, the Secretary for Economic Services appoints 14 July 1997 the day on which Parts I, II, III (other than section 16), and VIII, and Schedules 1 and 2 of the Veterinary Surgeons Registration Ordinance shall come into operation.

The Ordinance provides for the regulation of the practice of veterinary surgery, the registration of veterinary surgeons, the disciplinary control of the professional activities of registered veterinary surgeons and for matters related to such registration and disciplinary control.

The Parts that have not come into operation relate to disciplinary proceedings, appeals, offence and evidence. These Parts will only come into operation following the registration of the veterinary surgeons and the set up of the Veterinary Surgeons Board.

Shipping and Port Control (Amendment) Regulation 1997 Shipping and Port Control (Amendment) Regulation 1997 (L.N. 228 of 1997) (Commencement) Notice 1997 (L. N. 392)

By this Notice, the Secretary for Economic Services appoints 14 July 1997 as the day on which sections 3, 4 and 5(b) (insofar as it relates to the addition of new paragraphs 13 to 15 in the Fifth Schedule), shall come into operation.

The relevant sections provides that no vessels exceeding certain height limits shall enter the water areas adjacent to the Tung Chung Bridges, Kap Shui Mun Bridge and Tsing Ma Bridge.

The sections that have not come into operation relate to controlling the movement of vessels in the Chek Lap Kok Airport Approach Areas. The new airport is scheduled to commence operations in April 1998.

Women and Young Persons (Industry) (Amendment) Regulation 1997 Women and Young Persons (Industry) (Amendment) Regulation 1997 (L.N. 229 of 1997) (Commencement) Notice 1997 (L. N. 393)

By this Notice, the Secretary for Education and Manpower appoints 14 July 1997 as the day on which the Women and Young Persons (Industry) (Amendment) Regulation 1997 as the day on which the Regulation shall come into operation. The Regulation amends the principal Regulations by removing all references to women since they are considered to be discriminatory under the Sex Discrimination Ordinance (Cap. 480). Women are now allowed to be employed in industrial areas, even in dangerous trades.

Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Provisional Legislative Council Secretariat
15 July 1997