PLC Paper No. LS 78
Paper for the House Committee Meeting
of Provisional Legislative Council on 23 January 1998
Legal Service Division Report on
Subsidiary Legislation Gazetted on 16 January 1998
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Date of Tabling in Provisional LegCo
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21 January 1998
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Amendment to be made by
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18 February 1998 (or 25 February 1998 if extended by resolution)
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Smoking (Public Health) Ordinance (Cap. 371)
Smoking (Public Health) (Amendment) Regulation 1998(L. N. 13)
Consequential upon the enactment of the Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997) on 26 June 1997 introducing new anti-smoking measures, the Smoking (Public Health) Regulations (Cap. 371 sub. leg.) has to be amended. This Amendment Regulation sets out the requirements relating to tar and nicotine yields. The maximum tar yield in cigarettes is now lowered from 20 milligrams to 17 milligrams.
A new provision (Regulation 6A) is also added to specify more detailed requirements as to how tobacco advertisements in printed publications should be shown until they are banned in late 1999.
The Amendment Regulation will come into operation on a day to be appointed by the Secretary for Health and Welfare by notice in the Gazette.
Members may refer to the PLC Brief (File Ref.: HW CR 52/581/89 Pt. 30) dated 16 January 1998 issued by the Health and Welfare Bureau for more details and background information.
Waste Disposal Ordinance (Cap. 354)
Waste Disposal (Refuse Transfer Station) Regulation(L. N. 14)
Under section 33 of the Waste Disposal Ordinance (Cap. 354), the Chief Executive in Council may, after consultation with the Advisory Council on the Environment, the Provisional Urban Council, and the Provisional Regional Council, make regulations to provide for the transfer of any waste including the arrangements to be made and the procedure to be observed in relation to such activities.
Before mid-1997, there were only three refuse transfer stations coping with the waste collected and delivered by the Provisional Urban Council and the Provisional Regional Council. Upon the commissioning of 2 more refuse transfer stations, the Government can now extend the waste transfer service to the private sector in respect of commercial, non-hazardous industrial and household wastes.
This Regulation requires any registered owner of a vehicle who wants to use the Island East Transfer Station and the West Kowloon Transfer Station to have his name and vehicle registered with the Director of Environmental Protection. The Regulation makes provisions for such registration, its revocation and the deposit payable as security for charges and surcharges incurred for use of a refuse transfer station. It also provides for the determination and payment of such charges, levy of surcharge and for appointment of a designated officer for collection of charges, surcharges and deposits. The amount of charges payable for the use of the refuse transfer station are provided in the Schedule to the Regulation.
According to the PLC Brief issued by the Planning, Environment and Lands Bureau in January 1998 (File Ref.: PELB(E) 55/03/128), the Provisional Legislative Council Panel on Environmental Affairs, the private waste collectors associations, the Advisory Council on the Environment, the Provisional Urban Council Public Health Select Committee and the Provisional Regional Council Environmental Hygiene Select Committee have all been consulted on the proposed Regulation recently. Whilst expressing a range of views, they supported the proposed Regulation in general.
The Regulation will be brought into operation on 25 February 1998, a date which is appointed by the Secretary for Planning, Environment and Lands, by a Notice in the Gazette. (Please see L.N. 40 of 1998).
*Road Traffic Ordinance (Cap. 374)
Road Traffic (Public Service Vehicles) (Amendment) Regulation 1998 (L.N. 15)
This Regulation amends Schedule 5 to the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg.) to increase the fares for hiring taxis licensed to operate within Lantau.
*Denotes fee increase
The current flagfall for the first 2 km. is $11.00 and each subsequent 0.2 km. is $1.1. This Amendment Regulation increases the fare to $12.00 for the first 2 km. and each subsequent 0.2 km to $1.2. This represents a fare increase of 9.1%.
According to the PLC Brief issued by the Transport Bureau dated 13 January 1998 (File Ref.: TBCR 1/5581/87), the Transport Advisory Committee was consulted in November 1997 and supported the proposal. The Provisional Legislative Council Panel on Transport was also briefed on 12 December 1997.
This Regulation shall come into operation on 2 March 1998.
**Securities and Futures Commission Ordinance (Cap. 24)
Securities and Futures Commission (Levy) (Securities) (Amendment) Order 1998 (L. N. 16)
This Order reduces the rate of levy payable under section 52(1) of the Securities and Futures Commission Ordinance in respect of every purchase and sale of securities recorded on the Unified Exchange or notified to it under its rules from 0.013% to 0.011%. It also increases the proportion of levy to be retained by the Stock Exchange Company from 54% to 63.64%.
The reduced rate of levy is to come into effect on 1 April 1998 to coincide with the commencement of the Securities and Futures Commissions 1998-99 financial year. Members may refer to the PLC Brief (File Ref.: SU D10/97) issued by the Financial Services Bureau in January 1998 for details.
*Aerial Ropeways (Safety) Ordinance (Cap. 211)
Aerial Ropeways (Fees) (Amendment) Regulation 1998 (L. N. 17)
This Regulation increases by 7%, with effect from 9 March 1998, the fees payable on an application under the Aerial Ropeways (Operation and Maintenance) Regulations for the approval of any person as a surveyor, competent person, controller or operator and for the amendment of an operators limited certificate of approval.
The fees were last revised in March 1997 and the increase of 7% reflects the Government Consumption Expenditure Deflator (GCED) movement from 1996-97 to 1997-98.
The Ocean Park Corporation, which is the only establishment with aerial ropeways operation has been consulted. Members may refer to the PLC Brief issued by the Planning, Environment and Lands Bureau in January 1998 (File Ref.: PELB(L)30/30/32(97)) for details.
*Amusement Rides (Safety) Ordinance (Cap. 449)
Amusement Rides (Safety) (Fees) (Amendment) Regulation 1998(L. N. 18)
This Regulation increases, with effect from 9 March 1998, the fees payable under the Amusement Rides (Safety) Ordinance and the Amusement Rides (Safety) (Operation and Maintenance) Regulation by about 7% in accordance with the GCED movement.
Members may refer to the PLC Brief issued by the Broadcasting, Culture and Sport Bureau in January 1998 (File Ref.: BCSB/B 3231/121(97) III) for details of the existing and proposed fees and cost computation.
Electoral Affairs Commission Ordinance (Ordinance 129 of 1997)
Electoral Affairs Commission (Nominations Advisory Committees) Regulation (L. N. 19 )
This Regulation provides for the appointment by the Electoral Affairs Commission ("the Commission") of one or more committees each to be known as a Nominations Advisory Committee ("committee") to advise -
(a) prospective candidates in respect of an election as to whether they are eligible to be or disqualified from being nominated in respect of a geographical constituency (GC), a functional constituency (FC), the Election Committee (EC), an EC subsector or an EC sub-subsector, as may be appropriate;
(b) prospective nominees for nomination for the religious subsector of the EC, and designated bodies selecting nominees, as to whether
the prospective nominees are eligible to be or disqualified from being nominated as members representing the religious subsector on the EC; and
(c) Returning Officers as to whether -
(i) a candidate for an election or by-election who has submitted a nomination form is eligible to be or disqualified from being nominated in respect of a GC, a FC, the EC, an EC subsector or an EC sub-subsector, as may be appropriate; and
(ii) a nominee who has been nominated for the religious subsector by a designated body by submitting a nomination form is eligible to be or disqualified from being nominated to be a member representing the religious subsector on the EC.
Members may refer to PLC Brief (File Ref.: REO 14/20/8 II(CR) of January 1998 from Registration and Electoral Office for background information.
The Subcommittee on subsidiary legislation relating to LegCo election is studying this item in detail.
Electoral Affairs Commission Ordinance (No. 129 of 1997)
Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (L. N. 20)
This Regulation (other than Schedule 1) sets out the procedure for conducting an election to elect Members of the LegCo. It applies to a general election and a by-election. Schedule 1 sets out the procedure for nominating members to represent the religious subsector on the Election Committee and for conducting an election to elect the members of the Election Committee who, under Schedule 2 to the Legislative Council Ordinance (134 of 1997), are required to be elected by the relevant subsectors.
Members may refer to PLC Brief File Ref.: REO 14/30/4 (CR) of January 1998 from Registration and Electoral Office for background information.
The Subcommittee on subsidiary legislation relating to LegCo election is studying this item in detail.
*Electricity Ordinance (Cap. 406)
Electricity (Registration) (Amendment) Regulation 1998(L. N. 21)
This Regulation amends the Electricity (Registration) Regulations to increase the fees payable -
(a) for a separate application for additional certification under section 30(3) of the Electricity Ordinance (Cap. 406) from $350 to $365;
(b) for an application for registration of a generating facility under regulation 14 of the Regulations from $775 to $ 830;
(c) for a copy of certificate of registration under regulation 11(2) or 16(2) of the Regulations from $350 to $365.
The fee increases are between 4% to 7% and are set for full cost recovery. Members may refer to the PLC Brief issued by the Economics Services Bureau in January 1998 (File Ref.: ECON 6/3231/85(93) Pt. 11) for details including cost computation. The Regulation is to come into operation on 9 March 1998.
*Electricity Ordinance (Cap. 406)
Electricity (Wiring) (Amendment) Regulation 1998 (L. N. 22)
This Regulation increases the fee payable for the endorsement by the Director of Electrical and Mechanical Services of certificates of periodic inspection relating to fixed electrical installation from $650 to $695.
Members may refer to the above PLC Brief mentioned in the previous item for details of the cost computation. The Regulation shall also come into operation on 9 March 1998.
*Gas Safety Ordinance (Cap. 51)
Gas Safety (Gas Supply) (Amendment) Regulation 1998 (L. N. 23)
*Gas Safety Ordinance (Cap. 51)
Gas Safety (Registration of Gas Installers and Gas Contractors) (Amendment) Regulation 1998 (L. N. 24)
*Gas Safety Ordinance (Cap. 51)
Gas Safety (Registration of Gas Supply Companies) (Amendment) Regulation 1998 (L. N. 25)
The 3 sets of Amendment Regulations will increase, with effect from 9 March 1998, various fees payable under the respective Regulations.
The last costing review for the fees was conducted in 1996-97. These Amendment Regulations increase the fees by about 7 % (except for the fee for renewal of a permit for a cylinder wagon which is increased by 23% to recover 87% of the full cost).
The LPG industry and the Gas Safety Advisory Committee have been consulted and according to the PLC Brief issued by The Economic Services Bureau (File Ref.: ECON 6/3231/88 V), no objection to the fee proposals was raised.
*Ferry Services Ordinance (Cap. 104)
Ferry Services (Amendment) Regulation 1998(L. N. 26)
This Regulation increases the fee for the issue of a ferry service licence from $175 to $187. According to paragraph 7 of the PLC Brief issued by the Transport Bureau in January 1998 (File Ref.: TBCR 25/5591/79 (95) pt.9), the existing fee is only adequate to recover about 2% of the full cost. The fee has been set at a nominal level to avoid imposing a heavy financial burden on the kaito operators. The Regulation shall come into operation on l March 1998.
*Road Traffic Ordinance (Cap. 374)
Road Traffic (Parking) (Amendment) Regulation 1998(L. N. 27)
*Road Traffic Ordinance (Cap. 374)
Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 1998 (L. N. 28)
*Road Tunnels (Government) Ordinance (Cap. 368)
Road Tunnels (Government) (Amendment) Regulation 1998 (L. N. 29)
*Road Traffic Ordinance (Cap. 374)
Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1998 (L. N. 30)
*Road Traffic Ordinance (Cap. 374)
Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulation 1998 (L. N. 31)
*Road Traffic Ordinance (Cap. 374)
Road Traffic (Parking on Private Roads) (Amendment) Regulation 1998(L. N. 32)
*Road Traffic Ordinance (Cap. 374)
Road Traffic Ordinance (Amendment of Schedule 3) Order 1998 (L.N. 33)
*Road Traffic Ordinance (Cap. 374)
Road Traffic Ordinance (Amendment of Schedule 5) Order 1998 (L. N. 34)
*Road Traffic Ordinance (Cap. 374)
Road Traffic Ordinance (Amendment of Schedule 8) Order 1998 (L. N. 35)
The above Amendment Regulations increase the various transport-related fees. Most of the fees were last revised in February 1997. The new fees will come into operation on 1 March 1998. The increases are generally 7%, based on the GCED movement from 1996-97 to 1997-98.
In relation to L.N. 34 which increases the vehicle storage fee charged for storage in a police pound of a vehicle found to have parked illegally and towed away, the existing daily fee of $35 has not been revised since 1980. The increase to $175 achieves full cost recovery.
The Provisional Legislative Council Panel on Transport was consulted on 12 December 1997.
For further information, Members may refer to the PLC Brief (File Ref.: TBCR 25/5591/79 (95) pt. 9) issued by the Transport Bureau in January 1998. A table of comparison between the level of existing fees and the proposed fees is at Annex L to the Brief and is now attached for Members easy reference.
Child Abduction and Custody Ordinance (49 of 1997)
Child Abduction and Custody (Parties to Convention) Order (L. N. 36)
The Child Abduction and Custody Ordinance was enacted in May 1997 to implement the Convention on the Civil Aspects of International Child Abduction (the Convention) after its extension to Hong Kong in June 1997. The Convention provides an international mechanism for arranging the return of children wrongfully removed or retained in violation of custody rights to their place of habitual residence.
Section 4 of the Ordinance empowers the Chief Executive to specify by an order published in the Gazette states which are Contracting States to the Convention.
By this Order, the Chief Executive specifies certain countries as Contracting States to the Convention and lists the territories specified in declarations made under Article 39 or 40 of the Convention. He also specifies 1 September 1997 as the date of coming into force of the Convention as between the HKSAR and the Contracting States.
For background information, please refer to the PLC Brief issued by the Health and Welfare Bureau dated 15 January 1998 (File Ref.: HW CR 1/3281/86 Part 13).
Coroners Ordinance (27 of 1997)
Medical Practitioners (Fees) Order(L. N. 37)
By virtue of section 52 of the Coroners Ordinance (27 of 1997), the Judiciary Administrator has made an Order prescribing a fee of $1,260 to be payable to a registered medical practitioner, not being a public officer or an employee of the Hospital Authority, who has performed an autopsy. The Order shall come into operation on the day appointed for the commencement of that Ordinance.
For further information, Members may refer to the PLC Brief (File Ref.: CSO/ADM CR14/3231/92(97)Pt.16) issued by the Administration Wing , Chief Secretary for Administrations Office dated 15 January 1998.
Airport Authority Ordinance (Cap. 483)
Airport Authority Ordinance (Map of Airport Area) Order (L. N. 38)
Section 37 of the Airport Authority Ordinance (Cap. 483) provides that the Director of Civil Aviation, after consultation with the Airport Authority, may by an Order describe and delineate by reference to a map the Airport Area in respect of the new airport at Chek Lap Kok.
This Order specifies the boundaries of the Airport Area. The indicative scope of the Airport Area is shown on the map at Annex B to the PLC Brief issued by the Economic Services Bureau dated 15 January 1998 (File Ref.: ESBCR 2/935/95 (98).
Antiquities and Monuments Ordinance (Cap. 53)
Antiquities and Monuments (Declaration of Historical Building) (No. 2) Notice 1997 (L. N. 39)
This Notice declares Cheung Shang Tsz, commonly known as Cheung Shan Kwu Tsz at Wo Keng Shan, Ping Che, Fanling, New Territories, to be a historical building for the purposes of the Antiquities and Monuments Ordinance (Cap. 53).
Waste Disposal (Refuse Transfer Station) Regulation
Waste Disposal (Refuse Transfer Station) Regulation (L.N. 14 of 1998) (Commencement) Notice 1998 (L. N. 40)
By this Notice, the Secretary for Planning, Environment and Lands appoints 25 February 1998 as the day on which the Regulation shall come into operation.
Airport Authority Bylaw
Airport Authority Bylaw (L.N. 10 of 1998) (Commencement) Notice 1998 (L. N. 41)
By this Notice, the Secretary for Economic Services appoints 16 January 1998 as the day on which Parts I, II, III (other than section 11), IV, V, VI and XI and Schedules 3 and 4 of the Bylaw shall come into operation. The Bylaw was approved by a resolution of the Provisional Legislative Council in January 1998. The remaining provisions that have not come into effect relate mainly to the operations of the new Airport.
Fugitive Offenders (United States of America) Order
Fugitive Offenders (United States of America) Order (L.N. 203 of 1997) (Commencement) Notice 1998(L. N. 42)
The Secretary for Security appoints 21 January 1998 as the day on which this Order shall come into operation.
Legislative Council Ordinance (134 of 1997)
Legislative Council (Election Petition) Rules (L. N. 43)
Under the Legislative Council Ordinance (134 of 1997), an election petition in respect of a LegCo election may be lodged with the Court of First Instance of the High Court. An election petition may be lodged during a period of 2 months following the publication of the result of the election. The petition is triable in open court, and the Chief Justice of the Court of Final Appeal is empowered to make rules providing for the regulation of matters relating to, among other things, the practices and procedures for the lodgement, trial and termination of the election petition.
These Rules provide for matters relating to the preparation, lodgement, service, trial, withdrawal and costs of election petitions to the Court of First Instance of the High Court for the purpose of questioning the election of a person to the LegCo.
Members may refer to the PLC Brief (File Ref.: CAB C1/30/12) of 15 January 1998 from Constitutional Affairs Bureau for background information.
The Subcommittee on subsidiary legislation relating to LegCo election is studying this item in detail.
* Denotes fee increase
** Denotes fee decrease
Prepared by
HO Ying-chu, Anita (L.N. 13-18 & 21-42)
LAM Ping-man, Stephen (L.N. 19, 20 & 43)
Assistant Legal Advisers
Provisional Legislative Council Secretariat
20 January 1998
Encl.
