PLC Paper No. LS 84
Paper for the House Committee Meeting
of the Provisional Legislative Council on 23 January 1998
Legal Service Division Report on
Roads (Works, Use and Compensation) (Amendment) Bill 1998
Object of the Bill
To amend the Roads (Works, Use and Compensation) Ordinance (Cap. 370) to impose a statutory time limit of nine months after the expiration of the period for lodging objections within which the Secretary for Transport is required to submit a plan and scheme in relation to road works and all objections to the Chief Executive in Council for consideration.
Provisional LegCo Brief Reference
2. PLC Brief File Ref. L/M(2) Pt.2 to TBCR 3/5/581/97 Pt.2 issued by the Transport Bureau in January 1998.
Date of First Reading
3. 21 January 1998.
Comments
4. The amendment follows the statutory time limit for dealing with objections in the Railways Ordinance (59 of 1997). This proposal has been discussed by the Bills Committee of the Railways Bill and introduced into that bill by way of Committee stage amendments by the Secretary for Transport.
5. The nine months period may be extended if the Chief Executive allows, having regard to the circumstances of the case. It will also run differently in relation to plans and schemes covered by notices published before commencement of the Bill.
6. Members may refer to paragraphs 6 and 7 of the PLC Brief for reasons put forward by the Administration justifying why it is essential for the Bill to be introduced during this session.
Public Consultation
7. The PLC Brief does not mention whether public consultation has been carried out.
Consultation with the Provisional LegCo Panel
8. No consultation with any PLC Panel has been carried out.
Conclusion
9. The legal and drafting aspects of the Bill are in order. Subject to members views, the Bill is ready for resumption of the Second Reading debate.
Prepared by
Wong Sze-man, Bernice
Assistant Legal Adviser
Provisional Legislative Council Secretariat
20 January 1998
