I General Issues

Some members consider that the scope of the Adaptation of Laws Programme will inevitably involve interpretation of the Basic Law as well as policy change to enable the provisions of the Ordinances to be consistent with the Basic Law. The Administration is requested to review the principles of the Adaptation of Laws Programme, and should consider dealing merely with technical adaptation of terms under the Programme and proposing amendments where policy changes are expected when adaptation is to be carried out.

II Section 13 of Schedule 1 (By-law 4(1), Cross-Harbour Tunnel By-laws (Cap. 203 sub. leg.))
Section 14 of Schedule 2 (By-laws 4(1), Eastern Harbour Crossing Road Tunnel By-laws (Cap. 215 sub. leg.))
Section 12 of Schedule 10 (By-laws 4(1), Tate's Cairn Tunnel By-laws (Cap. 393 sub. leg.))

Members are of the view that the reference to "Crown" in these provisions should be adapted to "Government" to enhance consistency in all tunnel legislation. The Administration should consider proposing amendments to the five tunnel ordinances for policy change.

III Section 62 of Schedule 8 (Regulation 2(1), Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.))
Section 64 of Schedule 8 (Regulation 41(2)(a), Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.))

By adapting "Crown" in the definition of "person in the public service of the Crown" to "State", the Administration should provide further information on all provisions containing the reference to the definition and the effect after the adaptation.

IV Section 2 of Schedule 9 (Section 17, Road Traffic (Driving-Offence Points) Ordinance (Cap. 375))

The Administration should provide detailed information on the existing legislation governing persons and vehicles in the public service of the Crown in respect of the issue of driving permit, vehicle licence and registration, exemption provisions from law binding, traffic penalties such as recording of driving-offence points and disqualification from driving, etc.

V Clause 3 of Schedule 5 - Section 4(4) of the Motor Vehicle Insurance (Third Party Risks) Ordinance

1. The Administration should provide the basis upon which the Administration established her interpretation that "Her Majesty" does not only infer the Queen herself and therefore should be adapted to "State"; and
   
   
2. The Administration should explain in detail the exact categories of vehicles which can be exempted from the requirement of undertaking third party insurance. Members have expressed grave concern that the scope could be too wide to have included properties of state organs in Hong Kong.

Legislative Council Secretariat
14 June 1999