PLC Paper No. LS 49

Paper for the House Committee Meeting of Provisional Legislative Council on 28 November 1997

Legal Service Division Report on Subsidiary Legislation Gazetted on 21 November 1997

Date of Tabling in Provisional LegCo : 26 November 1997

Amendment to be made by : 17 December 1997 (or 7 January 1998 if extended by resolution)

Legislative Ordinance (134 of 1997) Legislative Council (Registration of Electors) (Appeals) Regulation (L.N. 541)

The object of this Regulation is to provide the procedure for the exercise of the right of appeal to the Revising Officer (RO) from any decision made by the Electoral Registration Officer (ERO) to which a notice of claim or a notice of objection or a notice of appeal relates.

Under the Electoral Affairs Commission (Registration of Electors) (Geographical Constituencies) (Legislative Council) Regulation (L.N. 499 of 1997), a person may lodge a notice of objection to the registration of registered person in the geographical constituencies provisional register or lodge a notice of claim against the decision of the ERO made in respect of such person.

Under the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation (L.N. 534 of 1997), a person may lodge a notice of objection to the registration of registered person in the functional constituencies or subsector provisional register or lodge a notice of claim against the ERO decision in respect of such person. Under the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation, a corporate elector or corporate voter may appeal against the decision of the ERO in relation to a replacement or substitute for its authorized representative.

Under the Regulation, the RO is required to fix a date, time and place for holding a hearing as regards the claim or the objection or the appeal. The Regulation also provides for the period within which the hearing is to be conducted. At the hearing, the appellant or any person concerned in the appeal is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person. The determination of the RO is final.

The provisions of the Regulation are similar to those of the former Legislative Council (Electoral Provisions) (Registration of Electors) (Functional Constituencies and Election Committee Constituency) (Appeals) Regulation (Cap. 381 sub. leg.).

Members may refer to PLC Brief Reference: CAB C1/30/5/1 of 20 November 1997 from Constitutional Affairs Bureau for background information.

Human Organ Transplant Ordinance (Cap. 465) Human Organ Transplant Regulation (L.N. 551)

This Regulation is made by the Human Organ Transplant Board established by section 3 of the Human Organ Transplant Ordinance (Cap. 465). The Ordinance prohibits commercial dealings in human organs intended for transplanting, restricts the transplanting of human organs between persons who are not genetically related and regulates the importing of human organs intended for transplanting.

The purpose of this Regulation is to�

1. establish the means by which genetic relationship may be established for the purposes of section 5 of the Human Organ Transplant Ordinance (Cap. 465);

2. specify the information that must be supplied and the person who must supply it for�
   1. the removal of an organ from a donor;

   2. the transplant of an organ into a recipient;

   3. the disposal of an organ;

3. specify the additional information that must be supplied in a certificate accompanying an imported organ.

The Regulation will come into operation on a day to be appointed by the Secretary for Health and Welfare by notice in the Gazette. According to the PLC Brief Ref. HWB/M/1/1 Pt.5 (95) dated 20 November 1997 issued by the Health and Welfare Bureau, the Administration intends to bring the Regulation into operation on 1 April 1998.

Family Status Discrimination Ordinance Family Status Discrimination Ordinance (91 of 1997) (Commencement) Notice 1997 (L. N. 552)

This Notice appoints 21 November 1997 as the day on which the Family Status Discrimination Ordinance (91 of 1997) shall come into operation.

The Ordinance renders unlawful discrimination against persons on the ground of family status, extends the jurisdiction of the Equal Opportunities Commission to include such discrimination and provides for remedies in civil proceedings brought under the Ordinance.

Family Status Discrimination (Proceedings by Equal Opportunities Commission) Regulation Family Status Discrimination (Proceedings by Equal Opportunities Commission) Regulation (L.N. 497 of 1997) (Commencement) Notice 1997 (L. N. 553)

By this Notice, 21 November 1997 is appointed as the day on which the Family Status Discrimination (Proceedings by Equal Opportunities Commission) Regulation (L.N. 497 of 1997) shall come into operation.

The Regulation sets out the circumstances under which the Equal Opportunities Commission (懀he EOC� may bring civil proceedings if a person who is entitled to bring proceedings under the Family Status Discrimination Ordinance (91 of 1997) does not do so and the remedies which the EOC may claim in such proceedings.

District Court Equal Opportunities (Amendment) Rules 1997 District Court Equal Opportunities (Amendment) Rules 1997 (L.N. 464 of 1997) (Commencement) Notice 1997 (L. N. 554)

This Notice appoints 21 November 1997 as the day on which the District Court Equal Opportunities (Amendment) Rules 1997 (L.N. 464 of 1997) shall come into operation.

These Rules seek to expand the scope of the existing District Court Equal Opportunities Rules (Cap. 336 sub. leg.) such that the special arrangements in the District Court in respect of cases brought under the Sex Discrimination Ordinance (Cap. 480) and the Disability Discrimination Ordinance (Cap. 487) will also apply to cases brought under the Family Status Discrimination Ordinance (91 of 1997).

Labour Tribunal (General) (Amendment) Rules 1997 Labour Tribunal (General) (Amendment) Rules 1997 (L.N. 465 of 1997) (Commencement) Notice 1997 (L. N. 555)

This Notice appoints 21 November 1997 as the day on which the Labour Tribunal (General) (Amendment) Rules 1997 (L.N. 465 of 1997) shall come into operation.

These Rules amend the Labour Tribunal (General) Rules (Cap. 25 sub. leg.) by providing for the transfer to the Labour Tribunal claims which are brought under the Family Status Discrimination Ordinance (91 of 1997) but the District Court determines that those claims are beyond its jurisdiction under the Ordinance and within the jurisdiction of the Labour Tribunal.

Prepared by
Lam Ping-man, Stephen (L.N. 541)
Fung Sau-kuen, Connie (L.N.s 551 - 555)
Assistant Legal Advisers
Provisional Legislative Council Secretariat
24 November 1997

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