PLC Paper No. LS 39
Paper for the
House Committee Meeting
of the Provisional Legislative Council on
24 October 1997
Legal Service Division Report on
Subsidiary Legislation Gazetted on 17 October 1997
| Date of Tabling in Provisional LegCo | : | 22 October 1997
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| Amendment to be made by | : | 19 November 1997 (or 26 November 1997 if extended by resolution)
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Railways Ordinance (59 of 1997)
Railways (Exemption) Order (L.N. 466)
This Order is made consequential upon the enactment of the Railways Ordinance (59 of 1997). The Ordinance establishes a legal framework for the implementation of new railway projects and a system for acquiring land for the construction of future railways, including those to be constructed by the Mass Transit Railway Corporation. Accordingly, the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) would, in time, have to be repealed.
Section 45 of the Railways Ordinance contains transitional provisions relating to railways implemented under Cap. 276 and the ultimate repeal of Cap. 276. This Order is made under section 45 to exempt specified parts of the Mass Transit Railway ("MTR"), which are regulated under Cap. 276, namely, the existing completed MTR lines, the Airport Railway which is under construction, and the Quarry Bay Congestion Relief Works ("QBR"), the railway area plan of which was gazetted under Cap. 276 in May 1997.
The Order shall as from the appointed date cease to have effect in respect of the specified parts of the MTR, unless that part of the railway is immediately before the appointed date, an existing railway. The appointed date will be appointed by the Secretary for Transport in a notice published in the Gazette. According to the PLC Brief Reference: TBCR 2/4/2/1016/89(97) dated 8 October 1997 issued by the Transport Bureau, the Administration intends to publish an appointed date in the Gazette after the completion of the QBR in December 2000.
*Country Parks Ordinance (Cap. 208)
Country Parks and Special Areas (Amendment) Regulation 1997 (L.N. 473)
This Regulation increases the permit fees payable in connection with the use of country parks or special areas under the Country Parks and Special Areas Regulations (Cap. 208 sub. leg.). The fees, which were last revised in June 1996, will be increased by 2% to 24% to reflect the full cost of issuing the permits by the Agriculture and Fisheries Department.
The Regulation will come into operation on 28 November 1997.
For further information, Members may refer to PLC Brief Reference: PELB (P) 50/04/33 (96) Pt.2 dated 15 October 1997 issued by the Planning, Environment and Lands Bureau. A table of comparison between the level of existing fees and the proposed fees is at Annex C to the Brief.
*Marine Parks Ordinance (Cap. 476)
Marine Parks and Marine Reserves (Amendment) Regulation 1997 (L.N. 474)
This Regulation increases the fees charged for the first issue and renewal of various permits in connection with the use of marine parks and marine reserve under the Marine Parks and Marine Reserves Regulation (Cap. 476 sub. leg.). The fees, which were last revised in July 1996, will be increased by about 5.8% to reflect the full cost of issuing the permits at 1997-98 prices.
The Regulation will come into operation on 28 November 1997.
For further details, Members may refer to PLC Brief Reference: PELB(P)50/04/33(96) Pt.2 dated 15 October 1997 issued by the Planning, Environment and Lands Bureau. A table of comparison between the level of existing fees and the proposed fees is at Annex C to the Brief.
*Dangerous Goods Ordinance (Cap. 295)
Dangerous Goods (General) (Amendment) Regulation 1997 (L.N. 475)
" Dangerous Goods Ordinance (Cap. 295)
Dangerous Goods (Government Explosives Depots) (Amendment) Regulation 1997 (L.N. 476)
" Mining Ordinance (Cap. 285)
Mines (Safety) (Amendment) Regulation 1997 (L.N. 477)
" Mining Ordinance (Cap. 285)
Mines (General) (Amendment) Regulation 1997 (L.N. 478)
L.N. 475 increases the fees payable for (a) the grant or renewal of licences or permits relating to the manufacture, storage, movement and discharge of certain dangerous goods in category l (explosives); and (b) the issue of a duplicate of and the making of an alteration or addition to, or endorsement on, such licences or permits.
L.N. 476 increases the fees payable for storage of explosives or explosive accessories in Government Explosive Depots and for delivery of explosives or explosive accessories from such depots.
L.N. 477 increases the fees payable for the issue, renewal and endorsement of mine blasting certificates.
L.N. 478 increases various rents, premiums and fees in relation to prospecting licences, mining licences and mining leases and charges for permission or licences relating to purchase and disposal of minerals
The proposed increase is about 14% and will come into operation on 28 November 1997. The above fees and charges were last revised in November 1996.
Members may refer to PLC Brief Reference: WB 276/32/34 dated 17 October 1997 issued by the Works Bureau for background information. According to paragraph 14 of the Brief, the Administration has consulted the Dangerous Goods Standing Committee, which has about 50% of its membership from the private sector, including representatives from the chemical, shipping, petroleum and godown industries. The Committee had no objection to the proposed increases.
*Dutiable Commodities Ordinance (Cap. 109)
Dutiable Commodities (Amendment) Regulation 1997 (L.N. 479)
This Regulation revises the fees for the issue of certain licences and services provided under the Dutiable Commodities Regulations (Cap. 109 sub. leg.).
The fees were last revised in December 1996. The proposed increase represents the second year of the five-year-phased programme to achieve full cost recovery.
Members may refer to PLC Brief Reference: FIN R2/73 issued by the Finance Bureau in October 1997 for background information. According to paragraph 15 of the Brief, the Administration has briefed the Dutiable Commodities Customers Liaison Group of the Customs and Excise Department, which comprises representatives from the dutiable commodities trade. Members of the Group have not raised objection to the proposed fee revision. A table of comparison between the level of existing fees and the proposed fees is at Annex B to the Brief.
This Regulation will come into operation on 1 December 1997.
*Pesticides Ordinance (Cap. 133)
Pesticides (Amendment) Regulation 1997 (L.N. 480)
This Regulation increases the fees specified in the Schedule to the Pesticides Regulations (Cap. 133 sub. leg.). Those fees are charged by the Director of Agriculture and Fisheries for registration of pesticides; issuing licences or permits to import, manufacture, sell and/or supply and possess any pesticide.
The fees were last revised on 28 June 1996. The Administration now proposes to increase the fees by 7% to 15% in order to achieve full cost recovery at 1997-98 prices. Members may refer to PLC Brief Reference: HWB/M/16/6 Pt. 1 (96) issued by the Health and Welfare Bureau in October 1997 for background information. A table of comparison between the level of existing fees and the proposed fees is at Annex C to the Brief.
The Regulation will come into operation on 28 November 1997
The Chinese University of Hong Kong Ordinance (Cap. 1109)
Statutes of The Chinese University of Hong Kong (Amendment) Statutes 1997 (L.N. 481)
These amendments to the Statutes of The Chinese University of Hong Kong provide for -
- changes in the categories of Council membership by removing from the Council members from universities or education organizations outside Hong Kong and increasing the number of members nominated by the Chancellor and members who are elected by the Council and are normally resident in Hong Kong;
- greater flexibility in the nomination and election of members of the Council; and
- the new Master of Accountancy (M.Acc.), Master of Clinical Pharmacy (M.Clin.Pharm.) and Doctor of Education (Ed.D.) degrees.
*Denotes fee increase
Prepared by
Fung Sau-kuen, Connie
Assistant Legal Adviser
Provisional Legislative Council Secretariat
21 October 1997
