LC Paper No. LS 142/98-99

Object(s) of the Bill

To adapt certain Ordinances and subsidiary legislation to bring them into conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.

LegCo Brief Reference

2. LegCo Brief issued by the Planning, Environment and Lands Bureau in March 1999.

Date of First Reading

3. 31 March 1999.

Comments

4. A list of the Ordinances and subsidiary legislation affected by the Bill and a summary of the proposed amendments in the Bill are at Annexes A and B respectively. Members may note that all of the Ordinances and subsidiary legislation set out at Annex A deal with environment.

5. The Bill does not seek to introduce any change in policy. The proposed amendments are essentially technical drafting changes to individual ordinances.

6. If enacted, the Bill will take retrospective effect from 1 July 1997 to ensure that there is consistency in the interpretation of all laws on and after 1 July 1997. The retrospective effect will not apply to provisions involving criminal offences or penalties.

Public Consultation

7. There has not been any public consultation on the Bill.

Consultation with the LegCo Panel

8. No consultation with any LegCo Panel on the details of the Bill has been carried out.

Conclusion

9. We are satisfied that the proposed amendments are all technical in nature. Subject to Members' view, the Bill is ready for resumption of Second Reading debate.


Encl

Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
12 April 1999

LS/B/57/98-99

Annex A

Item No.	Ordinances and subsidiary legislation
1.	Forests and Countryside Ordinance (Cap. 96)
2.	Wild Animals Protection Ordinance (Cap. 170)
3.	Country Parks Ordinance (Cap. 208) and Country Parks and Special Areas Regulations (Cap. 208 sub. leg.)
4.	Oil Pollution (Land Use and requisition) Ordinance (Cap. 247)
5.	Ozone Layer Protection Ordinance (Cap. 403)
6.	Environment and Conservation Fund Ordinance (Cap. 450)
7.	Sewage Services Ordinance (Cap. 463)
8.	Dumping at Sea Ordinance (Cap. 466)
9.	Marine Parks Ordinance (Cap. 476)
10.	Environmental Impact Assessment Ordinance (Cap. 499)

Annex B

Notes

1 The amendment follows the principle laid down by the Adaptation of Laws (No. 3) Ordinance 1999 (13 of 1999) i.e. where the provision relates to the power to make subsidiary legislation, the term will not be adapted to "Chief Executive in Council" notwithstanding Article 56 of the Basic Law.

2 Sections 18(2) and 19(1) of the Country Parks Ordinance (Cap. 208) relate to legal proceedings against the Crown and the right to claim compensation from the Crown.

3 The amendment seeks to correct a typographical error in Regulation 8(2) of the Country Parks and Special Areas Regulations (Cap. 208 sub. leg.).