The Administration will move a motion in November 1997 to amend the bylaws made under the Cross-Harbour Tunnel Ordinance (Cap. 203), Eastern Harbour Crossing Ordinance (Cap. 215), Tate Cairn Tunnel Ordinance (Cap. 393) and Western Harbour Crossing Ordinance (Cap. 436), so as to allow the LPG taxi to use tunnels governed by those Ordinances as well. According to the Administration, the trial run of LPG taxi will not be launched until all the legislative amendments to allow the use of LPG propelled vehicles have come into operation.

Members may refer to Provisional LegCo Brief : TRAN 3/10/28 of 22 October 1997 issued by Transport Branch for background information.

Employees�Compensation Insurance Levies Ordinance (Cap. 411)
Employees�Compensation Insurance Levy (Rate of Levy) (Amendment) Order 1997 (L.N. 483)

Employees�Compensation Insurance Levies Ordinance (Cap. 411)
Employees�Compensation Insurance Levies Ordinance (Amendment of Schedule 2) Notice 1997 (L.N. 484)

Under the Employees�Compensation Insurance Levies Ordinance (Cap. 411) (懀he ECILO�, a levy is payable on the insurance premium of all employees�compensation insurance policies which employers are required to take out under the Employees�Compensation Ordinance(Cap. 282). The current rate of the levy is, under paragraph 2 of the Employees�Compensation Insurance Levy (Rate of Levy) Order (Cap. 411 sub. leg.), set at 3.5 percent on the insurance premium, and apportioned in Schedule 2 to the ECILO, as follows -

1. two sevenths (i.e. one percent) to the Occupational Safety and Health Council (懀he OSHC�;
2. two sevenths (i.e. one percent) to the Employees Compensation Assistance Fund Board; and
3. three sevenths (i.e. 1.5 percent) to the Occupational Deafness Compensation Board.

The Employees�Compensation Insurance Levy (Rate of Levy) (Amendment) Order 1997 (L.N. 483) amends paragraph 2 of the Employees�Compensation Insurance Levy (Rate of Levy) Order by increasing the rate of the Employees�Compensation Insurance Levy by 1% to 4.5%.

The Employees�Compensation Insurance Levies Ordinance (Amendment of Schedule 2) Notice 1997 (L.N. 484) revises the proportion of the net resources of the Employees�Compensation Levies Management Board to be distributed to the specified bodies as follows -

1. four ninths (i.e. two percent) to the OSHC;
2. two ninths (i.e. one percent) to the Employees Compensation Assistance Fund Board; and
3. three ninths (i.e. 1.5 percent) to the Occupational Deafness Compensation Board.

Members may refer to Provisional LegCo Brief : EMB 2/7/3051/85 of 24 October 1997 from Educational and Manpower Bureau for background information.

The Employees�Compensation Insurance Levy (Rate of Levy) (Amendment) Order 1997 (L.N. 483) will come into operation on 1 January 1998.

Members may note that a Bills Committee has been formed to study the Occupational Deafness (Compensation) (Amendment) (No. 2) Bill 1997 which was introduced into the PLC on 15 October 1997. The Bill proposes, inter alia, to increase the rate of levy on employees compensation insurance premium by 0.8 percent from 1.5% to 2.3% payable to the Occupational Deafness Compensation Board. The Bills Committee had one meeting on 24 October 1997 and will have the next meeting on 4 November 1997. If Members support the Employees�Compensation Insurance Levy (Rate of Levy) (Amendment) Order 1997 (L.N. 483) and the Employees�Compensation Insurance Levies Ordinance (Amendment of Schedule 2) Notice 1997 (L.N. 484), at the Committee Stage of the Occupational Deafness (Compensation) (Amendment) (No. 2) Bill 1997 an amendment is needed to revise the proportions.

Protected Places (Safety) Ordinance (Cap. 260)
Protected Places (Declaration) Order 1997 (L.N. 485)

This Order declares Kau Shat Wan in the Lantau Island to be a protected place for the use as the Government explosives depot and makes consequential amendment to the Schedule to the Protected Places Order (Cap. 260 sub. leg.).

Members may refer to Provisional LegCo Brief : SBCR 23/1476/59 Pt. 7 from Security Bureau for background information.

Inland Revenue Ordinance (Cap. 112)
Specification of Arrangements (Government of the Federal Republic of Germany Concerning Air Services) (Double Taxation) Order (L.N. 486)

This Order specifies Article 8A of the Agreement made between the Government of Hong Kong and the Government of the Federal Republic of Germany, in Hong Kong, on 5 May 1995 concerning Air Services and amended by an Agreed Amendment to the Agreement on 8 May 1997 as a double taxation relief arrangement under section 49 of the Inland Revenue Ordinance (Cap. 112).

Members may refer to Provisional LegCo Brief : FIN CR L/M 211/94 of October 1997 from Financial Bureau for background information.

Inland Revenue Ordinance (Cap. 112)
Specification of Arrangements (Government of the United Kingdom of Great Britain and Northern Ireland Concerning Air Services) (Double Taxation) Order (L.N. 487)

This Order specifies Article 14 of the Agreement between the Government of the Hong Kong Special Administrative Region of the People Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services done at Hong Kong on 25 July 1997 as a double taxation relief arrangement under section 49 of the Inland Revenue Ordinance (Cap. 112).

Members may refer to Provisional LegCo Brief : FIN CR L/M 201/94 of October 1997 from Financial Bureau for background information.

Volunteer and Naval Volunteer Pensions Ordinance (Cap. 202)
Volunteer and Naval Volunteer Pensions Ordinance (Amendment of Schedules) Order 1997 (L.N. 489)

This Order increases the rates for the payment of pensions, gratuities and other allowances in connection with the disablement or death of the officers and volunteers of the Hong Kong Volunteer Defence Corps and members of the Hong Kong Naval Volunteer Force who fought in defence of Hong Kong during the Second World War.

In previous years, beneficiaries received pension increase normally in early April according to the UK Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order (懀he UK Order�, as amended in the UK. The UK Order has been replaced by the Volunteer and Naval Volunteer Pensions Ordinance (Cap. 202) (懀he Ordinance� which came into operation on 20 June 1997. Beneficiaries have therefore not received any inflation adjustment for the period between early April and 19 June. The Administration proposes to pay beneficiaries a supplement to make up for the adjustment which they would otherwise have received under the UK Order in the material period. The adjustment period 20 June 1997 to 31 March 1998 payable by the HKSARG is therefore 7.2% which equates to a 6% increase over a 12 month period. A 6% increase in pension rates for the beneficiaries is in line with that for retired civil servants for 1997/98.

Members may refer to Provisional LegCo Brief : HW CR 8/3231/92 Pt. 8 of October 1997 from Health and Wealth Bureau for background information.

This Order shall apply to the payment of any grant under the Ordinance on or after 20 June 1997.

University of Hong Kong Ordinance (Cap. 1053)
Statutes of the University of Hong Kong (Amendment) (No. 2) Statues 1997 (L.N. 490)

These Statutes amend the Statutes of the University of Hong Kong in the Schedule to the University of Hong Kong Ordinance (Cap. 1953) to -

1. change the Chinese titles of certain bachelor degrees;
2. add certain new degrees and postgraduate diplomas to be awarded by the University;
3. provide that only full-time teachers who are members of the Board of a Faculty are eligible for election as the Dean of the Faculty;
4. increase the number of Council members to be appointed by the Chancellor and Council members to be appointed by the Council not being officers or teachers from 6 to 10 persons in each case; and
5. revise the composition of the Honorary Degrees Committee.

Electrical Products (Safety) Regulation
Electrical Products (Safety) Regulation (L.N. 187 of 1997) (Commencement) Notice 1997 (L.N. 491)

This Notice specifies 24 October 1997 as the day on which sections 2 (the interpretation section), 9 (recognised certification bodies) and 10 (recognised manufacturers) and Schedules 4 (organisations qualified to apply for recognition as recognised certification bodies) and 5 (requirements for recognition as recognised manufacturers) of the Electrical Products (Safety) Regulation (L.N. 187 of 1997) will come into operation.

Plant Varieties Protection Ordinance Plant Varieties Protection Ordinance (Cap. 490) (Commencement) Notice 1997 (L.N. 492)

This Notice specifies 24 October 1997 as the date on which the Plant Varieties Protection Ordinance (Cap. 490) will come into operation. The object of the Ordinance is to provide for the protection of rights to plant varieties so as to enable Hong Kong to meet its obligations in this regard under the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Plant Varieties Protection Regulation
Plant Varieties Protection Regulation (L.N. 279 of 1997) (Commencement) Notice 1997 (L.N. 493)

This Notice specifies 24 October 1997 as the date on which the Plant Varieties Protection Regulation (L.N. 279 of 1997) will come into operation. The Regulation provides for, inter alia, the manner in which the Register of Plant Variety Rights will be maintained and the procedure for objections before grant of plant variety rights.

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
29 October 1997