Provisional Legislative Council
PLC Paper No.324/96-97
Ref: PLC/BC/05
Paper for the House Committee
Meeting on 31 May 1997
Legal Adviser's Report on The Legislative Council Commission (Amendment) Bill 1997
Objects of the Bill
The objects of the Bill are -
- to adapt the Legislative Council Commission Ordinance (Cap. 443) (the principal ordinance) for continuing application after 30 June 1997; and
- to make transitional arrangements arising from the establishment of the Provisional Legislative Council and its supporting structure.
Provisional Legislative Council Brief Reference
2.Brief issued by the Chief Executive's Office and dated 28 May 1997.
Date of First Reading
3.31 May 1997.
Comments
4.At its meeting on 17 May 1997, the Council passed a resolution asking the Chief Executive's Office to introduce legislation to amend the principal ordinance so as to provide a statutory basis for the administrative support structure for the Council after 30 June 1997 and the Legislative Council of the Hong Kong Special Administrative Region thereafter.
5.The effect of the Bill will be as follows. The existing Legislative Council Commission (the Commission) established under the principal ordinance will carry on with the same functions after 30 June 1997, although it will be serving the Provisional Legislative Council in the interim and the subsequent Legislative Council thereafter. There will also be the following changes -
- all references to "立法局" will be replaced by "立法會";
- during the existence of the Provisional Legislative Council after 30 June 1997, the Commission may also be known as The Provisional Legislative Council Commission and the Legislative Council Secretariat shall be known as the Provisional Legislative Council Secretariat;
- apart from the ex officio members (i.e. the President and the Chairman and Deputy Chairman of the House Committee), the Commission will, as a transitional arrangement, consist of all the existing members of the Working Group on Administrative Matters, who will be replaced in due course by elected members;
- the number of elected members of the Commission will accordingly be increased from 8 to 10; and
- adaptation of some existing references will be made, such as changing "Crown" to "Government", 'standing orders" to "rules of procedure" etc.
6.Some necessary transitional provisions are also made to enable the Commission to take over all the assets and liabilities (including equipment, staff contracts etc.) acquired or incurred during, or arising from, the operations of the Provisional Legislative Council before 1 July 1997.
Recommendation
7.The principal ordinance has been given clearance by the National People's Congress as not being incompatible with the Basic Law and could therefore continue to be in force after 30 June 1997. The changes proposed merely relate to the internal administration of the Council. Members have already given support to these proposals.
8.Both the legal and drafting aspects of the Bill are in order. It is recommended that the Bill be supported.
Prepared by
CHEUNG Ping-kam, Arthur
Legal Adviser
Provisional Legislative Council Secretariat
29 May 1997
