PLC Paper No. LS 66

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

Legal Service Division Report on
Subsidiary Legislation Gazetted on 12 December 1997

Immigration Ordinance (Cap. 115)
Immigration (Amendment) (No. 2) Regulation 1997 (L.N. 593)

The Regulation provides for the issue of :

1. APEC business travel cards to enable residents of HKSAR and residents of places outside HKSAR which are members of the organization known as the Asia Pacific Economic Co-operation to go to each other's jurisdiction without a visa on a reciprocal basis; and

2. travel passes to frequent visitors to HKSAR for speedy immigration clearance.

Members may refer to the PLC Brief File Ref. : SBCR 2/2071/96 Pt. 5 issued by the Security Bureau on 12 December 1997. Annexes B and C to the Brief set out the key features of the two schemes and Annex D contains the cost computation. The Regulation will come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette. The Administration intends that the Regulation will take effect by the end of January 1998.

The Legal Service Division has asked the Administration to clarify certain drafting points and will report to Members if necessary.

Fugitive Offenders Ordinance (23 of 1997)
Fugitive Offenders (Singapore) Order (L.N. 594)
Fugitive Offenders (United Kingdom) Order (L.N. 595)

These two Orders apply the procedures for the surrender of fugitive offenders set out in the Fugitive Offenders Ordinance (23 of 1997) to the Hong Kong Special Administrative Region ( " HKSAR ") and the United Kingdom and to Singapore. The purpose of the Orders are to enable the implementation of the Agreements for the Surrender of Fugitive Offenders made by the HKSAR Government with the Government of the United Kingdom on 5 November 1997 and with the Government of Singapore on 11 November 1997. The procedures in the Ordinance shall apply as between the HKSAR and the two countries subject to the terms of the relevant Agreement recited in the Schedule to each Order.

Members may refer to PLC Brief File Ref. : SBCR 10&14/1/2716/80 (96) issued by the Security Bureau in December 1997 for background information. The Orders will come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette to coincide with the day the relevant Agreement enters into force. In accordance with section 3(9) of the Ordinance, the arrangements for the surrender of fugitive offenders to which the Orders relate are substantially in conformity with the provisions of the Ordinance.

Under section 3(3) of the Ordinance, the Provisional Legislative Council may, by resolution, repeal (but not amend) these Orders.

Dangerous Drugs Ordinance (Cap. 134)
Dangerous Drugs Ordinance (Amendment of Second Schedule) (No. 3) Order 1997 (L.N. 599)

This Order adds a further hospital to the list of prescribed hospitals and institutions in the Second Schedule to the Dangerous Drugs Ordinance (Cap. 134). It will come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette.

Under sections 22 and 23 of that Ordinance, (a) a registered pharmacist or a person approved by the Director of Health who is employed or engaged at a prescribed hospital for dispensing or supply of medicine, or (b) a sister in charge of a ward or a matron in a prescribed hospital is authorized to be in possession of and to supply dangerous drugs in accordance with a prescription lawfully given by a registered medical practitioner.

Under section 52(6) of the Ordinance, any public officer authorized in writing by the Director of Health may (a) enter, inspect and search a prescribed hospital, (b) require the production of and inspect records relating to the dealings of dangerous drugs, and (c) inspect any stocks of dangerous drugs.

Kowloon-Canton Railway Corporation By-laws (Cap. 372 sub. leg.)
Kowloon-Canton Railway (Restricted Area) (No. 2) Notice 1997 (L.N. 600)

By this Notice, certain areas of Hung Hom Station are declared to be restricted areas as a result of the relocation of Immigration Halls. No person shall enter or remain in any of these areas during the hours specified unless he has on him a valid permit issued to him in respect of that area. The Notice will come into effect on 15 December 1997.

Shipping and Port Control Regulations (Cap. 313 sub. leg.)
Shipping and Port Control Regulations (Amendment of Third Schedule) Notice 1997 (L.N. 601)

This Notice amends the description of principal fairways in the Third Schedule to the Shipping and Port Control Regulations (Cap. 313 sub. leg.). Regulation 41 prohibits a vessel to anchor or lie in any principal fairway and Regulation 68 prohibits fishing by purse net, seine net, drift net, trawl, cage trap, hand line or long line in any principal fairway.

Shipping and Port Control Regulations (Cap. 313 sub. leg.)
Shipping and Port Control Regulations (Amendment of Fifth Schedule) Notice 1997 (L.N. 602)

This Notice amends the description of the Tung Chung Bridges Area in the Fifth Schedule to the Shipping and Port Control Regulations (Cap. 313 sub. leg.). Under Regulation 23B, no vessel which has a height exceeding 8 metres above sea level shall enter or pass through that area except with the permission of the Director of Marine.

Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Provisional Legislative Council Secretariat
16 December 1997