PLC Paper No. LS 65

Paper for the House Committee Meeting of the Provisional Legislative Council
on 19 December 1997

Legal Service Division Report on
Subsidiary Legislation Gazetted on 5 December 1997

*Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413)
Merchant Shipping (Prevention and Control of Pollution) (Charges for Discharge of Pollution Waste) (Amendment) Regulation 1997 (L.N. 569)

The Regulation will increase, with effect from 16 January 1998, the charges payable to the Director of Marine for using the reception facilities at the Chemical Waste Treatment Centre for collecting and disposing polluting wastes from sea going ships.

The increases range from 21% to 31%. They are intended to raise the rate of recovery of the variable operating cost of the Centre to 31% and at the same time to reflect inflationary movement of the Consumer Price Index (B).

Members may refer to PLC Brief PELB(E) 55/03/107(96)VI issued by the Planning, Environment and Lands Bureau in December 1997 for more details on the increases and cost analysis.

*Waste Disposal Ordinance (Cap. 354)
Waste Disposal (Permits and Licences) (Forms and Fees) (Amendment) Regulation 1997 (L.N. 570)
Waste Disposal (Chemical Waste) (General) (Amendment) Regulation 1997 (L.N. 571)
*Water Pollution Control Ordinance (Cap. 358)
Water Pollution Control (General) (Amendment) Regulation 1997 (L.N. 572)

The 3 sets of Regulations will increase, with effect from 16 January 1998, the fees for permits and licences for the import, export, collection and disposal of waste, registration of a waste producer and certified copy of an entry in the register and various fees payable under the Water Pollution Control (General) Regulations.

The increases are intended to reflect movement of the Government Consumption Expenditure Deflator (GCED) and, for subsidised fees, to raise their cost recovery rate.

Members may refer to PLC Brief PELB(E)20/01/82(97) issued by the Planning, Environment and Lands Bureau in December 1997 for comparison of the existing and proposed fees and cost computation.

Electoral Affairs Commission Ordinance (129 of 1997)
Electoral Affairs Commission (Registration of Electors) (Geographical Constituencies) (Legislative Council) (Amendment) Regulation 1997 (L.N. 574)

Electoral Affairs Commission Ordinance (129 of 1997)
Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors)
(Members of Election Committee) (Legislative Council) (Amendment) Regulation 1997 (L.N. 575)

The Electoral Affairs Commission (Registration of Electors) (Geographical Constituencies) (Legislative Council) (Amendment) Regulation 1997 (L.N. 574) amends the Electoral Affairs Commission (Registration of Electors) (Geographical Constituencies) (Legislative Council) Regulation (L.N. 499 of 1997) by deleting 2 redundant words in section 15(8).

The Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) (Amendment) Regulation 1997 (L.N. 575) makes some technical amendments to the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation (L.N. 534 of 1997) for purposes of clarity.

The above amendments are made in response to the recommendation of the Subcommittee on subsidiary legislation relating to the Legislative Council election which studied the 2 principal Regulations (L.N.s 499 and 534 of 1997).

*Employment Ordinance (Cap. 57)
Employment Agency (Amendment) Regulation 1997 (L.N. 576)

This Regulation will increase, with effect from 17 January 1998, the fees for the issue and renewal of an employment agency licence and for the issue of a duplicate licence.

The proposed increases are intended to reflect the cost of services at 1997-98 prices and amount to a rise of 7% over the existing fees.

Members may refer to PLC Brief EMB 1/3051/82 V issued by the Education and Manpower Bureau in December 1997 for the cost computation and more background information.

*Air Pollution Control Ordinance (Cap. 311)
Air Pollution Control (Specified Processes) (Amendment) Regulation 1997 (L.N. 577)
Air Pollution Control (Open Burning) (Amendment) Regulation 1997 (L.N. 578)
Air Pollution Control (Asbestos) (Administration) (Amendment) Regulation 1997 (L.N. 579)

The 3 sets of Regulations will increase, with effect from 16 January 1998, various fees payable under the respective principal regulations.

The increases are intended to reflect the movement of GCED and in the case of subsidised fees, to raise the cost recovery rate.

Members may refer to PLC Brief PELB(E)20/01/82(97) issued by the Planning, Environment and Lands Bureau in December 1997 for details of the existing and proposed fees and cost computation.

*Ozone Layer Protection Ordinance (Cap. 403)
Ozone Layer Protection (Fees) (Amendment) Regulation 1997 (L.N. 580)

The Regulation will increase, with effect from 16 January 1998, the fees for importing/exporting scheduled substances and registration as an importer/exporter of such substances.

The increases are intended to reflect the movement of GCED and also, in the case of the registration fee, to raise the cost recovery rate to 100%.

Members may refer to PLC Brief PELB(E)20/01/82(97) issued by the Planning, Environment and Lands Bureau in December 1997 for details on the increases and cost computation.

*Noise Control Ordinance (Cap. 400)
Noise Control (General) (Amendment) Regulation 1997 (L.N. 581)
Noise Control (Air Compressors) (Amendment) Regulation 1997 (L.N. 582)
Noise Control (Hand Held Percussive Breakers) (Amendment) Regulation 1997 (L.N. 583)

The 3 sets of Regulations will increase, with effect from 16 January 1998, the fees for applying for construction noise permits and noise emission labels.

The increases are intended to reflect movement of the GCED and to increase cost recovery from 10% to 20% in respect of construction noise permits and 40% to 60% in respect of noise emission labels.

Members may refer to PLC Brief PELB(E)20/01/82(97) issued by the Planning, Environment and Lands Bureau in December 1997 for a comparison of the existing and proposed fees and details on cost computation.

*Dumping at Sea Ordinance (Cap. 466)
Dumping at Sea (Fees) (Amendment) Regulation 1997 (L.N. 584)

The Regulation will increase, with effect from 16 January 1998, the fees payable for permits for loading/dumping spoil and other substances and for a copy of an entry in the register of permits issued. The proposed increases are intended to reflect movement of the GCED.

Members may refer to PLC Brief PELB(E)20/01/82(97) issued by the Planning, Environment and Lands Bureau in December 1997 for details of the increase and cost computation.

*Road Traffic Ordinance (Cap. 374)
Road Traffic Ordinance (Amendment of Schedule 10) Order 1997 (L.N. 585)

The Order will increase, with effect from 16 January 1998, the fees for designation of a vehicle emission testing centre, in respect of a test of a motor vehicle and for the supply of a certificate of compliance under the principal ordinance.

The increases are intended to raise the cost recovery rate variously to 80% and 100% on the basis of current price level based on the movement of the GCED.

Members may refer to PLC Brief PELB(E)20/01/82(97) issued by the Planning, Environment and Lands Bureau in December 1997 for details of the increases and cost computation.

Import and Export Ordinance (Cap. 60) Import and Export Ordinance (Amendment of Schedule 2) Notice 1997 (L.N. 586)
Import and Export Ordinance (Amendment of Schedule 3) Notice 1997 (L.N. 587)

The 2 Notices amend with effect from 1 January 1998 the relevant references in the principal ordinance consequent upon Tradelink Electronic Document Services Limited changing its name to Tradelink Electronic Commerce Limited.

Public Health and Municipal Services Ordinance (Cap. 132)
Hawker (Permitted Place) (No. 2) Declaration 1997 (L.N. 588)

The Declaration specifies a portion of the pavement in King's Road as a permitted hawking pitch.

Import and Export (Amendment) Ordinance 1995
Import and Export (Amendment) Ordinance 1995 (30 of 1995) (Commencement) (No. 2) Notice 1997 (L.N. 589)

The Notice appoints 1 January 1998 as the day on which some further provisions of the amending ordinance are to come into operation.

The object of the amending ordinance is to provide the necessary legal framework for the use of information technology such as electronic data interchange in transactions performed under the principal ordinance.

Buildings (Amendment) Ordinance 1996
Buildings (Amendment) Ordinance 1996 (54 of 1996) (Commencement) (No. 4) Notice 1997 (L.N. 590)

The Notice appoints 5 December 1997 as the day on which some further provisions of the amending ordinance came into operation.

The amending ordinance, passed in July 1996 at the end of a LegCo session, sought among other things to improve the registration of authorised persons and registered structural engineers.

The provisions coming into operation by virtue of the Notice are quite minor and relate to the composition and operational aspects of the disciplinary board in respect of registered contractors.

Buildings (Amendment) Ordinance 1997
Buildings (Amendment) Ordinance 1997 (36 of 1997) (Commencement) Notice 1997 (L.N. 591)

The Notice appoints 5 December 1997 as the day on which the amending ordinance (with the exception of only some minor provisions) came into operation.

The amending ordinance makes changes to the composition of the disciplinary boards in order to enhance their independence and impartiality.

Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No. 3) Regulation 1997
Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No. 3) Regulation 1997 (L.N. 243 of 1997) (Commencement) Notice 1997 (L.N. 592)

The Notice appoints 15 December 1997 as the day on which the amending regulation came into operation.

The amending regulation abolishes the requirement to mark on a public light bus or goods vehicle the personal particulars of its owner.

Prepared by

CHEUNG Ping-kam, Arthur (L.N. 569-572 & 576-592)
LAM Ping-man, Stephen (L.N. 574-575)
Assistant Legal Advisers
Provisional Legislative Council Secretariat
15 December 1997