Legislative Council

LC Paper No. LS 232/98-99

Objects of the Bill

To amend the Hong Kong Arts Development Council Ordinance (Cap. 472) ("the Ordinance") by expanding the membership of the Hong Kong Arts Development Council ("the Council") by -

1. adding the Director of Leisure and Cultural Services or his representative;
   
   
2. adding one representative nominated by the organisations of Chinese opera (Xiqu); and
   
   
3. increasing other members from 16 to 22.

LegCo Brief Reference

2. HAB/CS/TF.CR 24(99) issued by the Home Affairs Bureau in June 1999.

Date of First Reading

3. 7 July 1999.

Comments

4. The existing Council consists of-

1. a Chairman, a Vice-chairman and 16 other members, each of whom shall be appointed by the Chief Executive for a term not exceeding 3 years;
   
   
2. the Chairman of the Provisional Urban Council or his representative;
   
   
3. the Chairman of the Provisional Regional Council or his representative;
   
   
4. the Secretary for Home Affairs or his representative; and
   
   
5. the Director of Education or his representative.

5. The Bill proposes to expand the membership of the Board by -

1. adding the Director of Leisure and Cultural Services or his representative;
   
   
2. adding one representative nominated by the organisations of Chinese opera (Xiqu); and
   
   
3. increasing other members from 16 to 22.

6. The proposed deletion of the membership of chairmen of the 2 provisional municipal councils from the Council has been included in the Provision of Municipal Services (Reorganisation) Bill.

7. We are given to understand that the post of Director of Leisure and Cultural Services is to be created upon the dissolution of the 2 provisional municipal councils as proposed in the Provision of Municipal Services (Reorganisation) Bill. We have sought clarification from the Administration concerning the appropriateness of including the proposed change in the Provision of Municipal Services (Reorganisation) Bill as a consequential amendment to the Ordinance. In reply, the Administration acknowledges that technically it is possible to include the amendment in the Provision of Municipal Services (Reorganisation) Bill but it would mix up the purposes of the 2 exercises being pursued separately in the 2 Bills. Further, the Administration points out that the addition of "Director of Leisure Services or his representative" is closer in nature to the purpose and ambit of the Bill. The Administration also states that it will make suitable arrangement for the commencement of this Ordinance, upon its enactment and the Provision of Municipal Services (Reorganisation) Ordinance, upon its enactment. We are of the view that the inclusion of "Director of Leisure Services or his representative" is legally in order except that another amendment is required to take out the reference to the Director and his representative in case the Provision of Municipal Services (Reorganisation) Bill or its material part is not passed by the LegCo. Copies of the correspondence between the Legal Service Division and the Administration are annexed for members' reference.

Public Consultation

8. Paragraph 10 of the LegCo Brief states that the legislative amendments are based on a Consultant's Report which was published for public information in March 1999. The arts community generally accepted the proposed expanded membership for the Council.

Consultation with the LegCo Panel

9. The LegCo Panel on Home Affairs was briefed about the Consultant's Report containing the proposals at its meeting on 29 March 1999.

Conclusion

10. Subject to members' view on policy, the legal and drafting aspects of the Bill are in order.


Encl


Prepared by


Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
6 July 1999

Bill/LS/B/107/98-99

LS/B/107/98-99
2869 9468
2877 5029

Dear William,




We are scrutinising the legal and drafting aspects of the Bill. It has come to our attention that the Bill proposes to add the Director of Leisure and Cultural Services or his representative as a member to the Hong Kong Arts Development Council. We are given to understand that the Directorate post is to be created upon the reorganisation of the municipal services. The proposals to reorganise municipal services are contained in the Provision of Municipal Services (Reorganisation) Bill which is now being studied by a LegCo Bills Committee. Does the Administration consider it appropriate to include the proposal to add the Director of Leisure and Cultural Services or his representative to the Council as a consequential amendment in the Provision of Municipal Services (Reorganisation) Bill?

In facilitating us to report on this Bill to the House Committee meeting to be held on 9 July 1999, it is appreciated that your reply, in both languages, could reach us by the morning of 6 July 1999.

Yours sincerely,


(Stephen Lam)
Assistant Legal Adviser

Our Ref: HAB/CS/TF/CR 24(99)	Tel No. 2594 6602
Your Ref: LS/B/107/98-99	Fax No. 2802 0252

5 July 1999

Mr Stephen Lam
Assistant Legal Advisor
Legislative Council Secretariat
8 Jackson Road
Hong Kong
(Fax:2877 5029)

Dear Mr Lam,

Technically it is possible to secure the inclusion of 'Director of Leisure and Cultural Service or his representative' in the membership of HKADC under the Municipal Services (Reorganization) Bill but this arrangement will unavoidably link up the two exercises which are being pursued separately. You will appreciate that in the context of the reorganization bill and with respect to the membership of HKADC (see clause 104 under C2009); we are proposing the straightforward repeal of the subsection providing for representation of the two municipal councils. If, at this stage, we add in 'Director of Leisure Services or his representative', it will give the impression that on ADC the Director will replace the representatives of the two councils, which is not exactly the case and which will complicate matters.

Also, we would wish to point out that the addition of 'Director of Leisure Services or his representative' is closer in nature to the purpose and ambit of the HKADC (Amendment) Bill than the reorganization bill. As stated in the Legco Brief, this Bill, though arising our of the overall reorganization exercise, can be considered independently. In this regard I would like to draw your attention to the fact that the commencement date of this Bill will be a date appointed by SHA, which will be tailored to suit the implementation date of the reorganization proposal.

I hope the above answers your question. It is regretted that in the time available, we are not able to provide a Chinese version of this reply but one should follow very soon.

Thank you very much.

Yours sincerely,


(P T Cheung)
for Secretary for Home Affairs