Electricity (Amendment) Bill 1999

Amend the Electricity Ordinance.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Electricity (Amendment) Ordinance 1999.

2. Long title amended

The long title to the Electricity Ordinance (Cap. 406) is amended---

(a) by repealing "and" after "products,";

(b) by repealing the full stop and substituting---

", and to provide for measures designed to ensure that activities carried out in the vicinity of electricity supply lines owned by electricity suppliers do not prejudice safety or the continuity of the electricity supply.".

3. Interpretation

Section 2 is amended---

(a) by repealing the definition of "supply" and substituting---

""supply" (供應), in relation to the supply of an electrical product, means---

(a) to sell or hire out the electrical product;

(b) to offer, keep or exhibit the electrical product for sale or for hiring out;

(d) to transmit, convey or deliver the electrical product in pursuance of---

(i) a sale;

(ii) a hiring out; or

(iii) an exchange or disposal for any consideration; or

(e) for commercial purposes, to give the electrical product as a prize or to make a gift of such a product;";

(b) by adding---

""electricity supply line" (供電電纜) means---

(a) a conductor used for the purpose of conveying, transmitting or distributing electricity and any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting such conductor, or any part of it;

(b) any apparatus connected with such conductor or other thing mentioned in paragraph (a) for the purpose of conveying, transmitting or distributing electricity;

(c) any cable used in conjunction with such conductor mentioned in paragraph (a) or apparatus mentioned in paragraph (b) for the purpose of transmitting control signals,

and in paragraph (a), reference to a conductor used for the purpose of conveying, transmitting or distributing electricity includes reference to a wire or wires or other means used for that purpose;".

4. Regulations

Section 59 is amended---

(a) in subsection (1), by adding---

"(ia) measures designed to ensure that activities performed in the vicinity of electricity supply lines owned by electricity suppliers are performed without risk of electrical accident or interruption to the supply of electricity;";

(b) in subsection (4), by repealing "subsection (5)" and substituting "subsections (5) and (8)";

"(8) Regulations made for the purposes of subsection (1)(ia)---

(a) may provide for the approval by the Director of a person as competent to ascertain the position of electricity supply lines which are not above ground or readily visible;

(b) may empower the Director to direct a person to remedy a contravention of such a regulation, and may provide for measures designed to enforce such a direction or otherwise to give effect to it or to prevent a continuation or repetition of the contravention;

(c) may vary, modify or limit Part IX ("APPEALS") in its application to a decision or action of the Director made or performed under those regulations and, in particular, may shorten the period within which an appeal against such a decision or action may be brought or may provide that an appeal board appointed for the purpose of hearing such an appeal shall be of a composition different to that otherwise provided for under Part IX;

(d) may confer on the Director the power to enter and inspect any place or premises for the purpose of giving effect to the object specified in that subsection;

(e) may provide for the establishment by the Director of codes of practice for the purpose of providing practical guidance in respect of any of the requirements under such a regulation, and for the use of such codes in criminal proceedings;

(f) if a contravention of such a Regulation is declared to constitute an offence, may in respect of such contravention specify a penalty of a fine not exceeding $200,000 or a term of imprisonment not exceeding 12 months or both such fine and imprisonment and, in the case of a continuing offence, a daily penalty not exceeding $10,000.". Explanatory Memorandum

The main purpose of this Bill is to amend the Electricity Ordinance (Cap. 406) ("the Ordinance") to make provision for measures designed to ensure that persons performing activities in the vicinity of electricity supply lines owned by electricity suppliers do so without prejudice to safety or to the continuity of the electricity supply.

2. The opportunity is taken to clarify the definition of "supply" in section 2 of the Ordinance as applying to the supply of an electrical product only.