Legislative Council

LC Paper No. LS100/98-99

Date of Tabling in LegCo	:	20 January 1999
Amendment to be made by	:	10 February 1999 (or 3 March 1999 if extended by resolution)

Port Control (Cargo Working Areas) Ordinance (Cap. 81)
Port Control (Public Cargo Working Area) Order 1999 (L.N. 8)

In exercise of his powers under section 3(1) of the Port Control (Cargo Working Areas) Ordinance (Cap. 81), the Secretary for Economic Services by this Order declared that a portion of the area of unleased Government land situated at Stonecutters Island ("the Area") to be a public cargo working area. The Area was delineated and coloured pink on the plan numbered DM50 signed by the Deputy Director of Lands (Survey and Mapping) on behalf of the Director of Lands on 27 October 1998 and deposited in the Tsuen Wan New Territories Land Registry.

Consequentially, the Port Control (Public Cargo Working Area) (No. 3) Order 1998 (L.N. 56 of 1998) is repealed and the Port Control (Public Cargo Working Area) (Consolidation) Order (Cap. 81 sub. leg.) is amended by repealing paragraph 4 and adding a new paragraph 12 that gives the particulars of the Area ¹ .

This Order came into operation on 18 January 1998.

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 1999 (L.N. 9)

By virtue of section 106(1) of the Public Health and Municipal Services Ordinance (Cap. 132) ("Principal Ordinance"), the Provisional Regional Council has set aside the places specified in Schedule 1 of this Order ² ("the Places") for the use as public pleasure grounds. The Fourth Schedule to the Principal Ordinance is consequently amended to include the names of the Places.

The effect of this Order is to put the Places under the management and control of the Provisional Regional Council ³ and under the governance of the relevant bylaws ⁴ .

Public Health and Municipal Services Ordinance (Cap. 132)
Public Swimming Pools (Designation) Order 1999 (L.N. 10)

The Provisional Regional Council designated by this Order under section 42A of the Principal Ordinance the Tseung Kwan O Swimming Pool ("the Swimming Pool") as a public swimming pool. The Fourth Schedule of the Principal Ordinance is amended accordingly.

The designation puts the Swimming Pool under the management and control of the Provisional Regional Council ⁵ and under the governance of the relevant by-laws ⁶ .

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1999 (L.N. 11)

By this Order, the Provisional Regional Council designated under section 79(3) of the Principal Ordinance the Peng Chau Market ("the Market") as a public market and stipulated that the Peng Chau (South) Market ceased to be so designated. Simultaneously in this Order, the Tenth Schedule of the Principal Ordinance is amended in accordance with section 79(5) of the Principal Ordinance by repealing the Peng Chau (South) Market and adding the Market.

This Order shall come into effect on 1 February 1999.

Public Health and Municipal Services Ordinance (Cap. 132)
Declaration of Markets in the Regional Council Area (Amendment) Declaration 1999 (L.N. 12)

By this Declaration made under section 79(1) of the Principal Ordinance, the Provisional Regional Council declares the Peng Chau Market ("the Market") to be a market to which the Principal Ordinance would apply. It is also declared that the Principal Ordinance shall cease to apply to the Peng Chau (South) Market ⁷.

The Schedule to the Declaration of Markets in the Regional Council Area (Cap. 132 sub. leg.) was amended accordingly ⁸ .

This Declaration shall come into operation on 1 February 1999.

Hong Kong Court of Final Appeal Ordinance (Cap. 484)
Hong Kong Court of Final Appeal (Amendment) Rules 1999 (L.N. 13)

These Rules seek to amend the Hong Kong Court of Final Appeal Rules (Cap. 484 sub. leg.) ("Principal Rules") with the following effect :-

Rule No. of Amendment Rules	Rule No. of Principal Rules Amended/Added	Effect of Amendment
1	5(2) & (3)	The mistaken reference to "Notice of Appeal" is replaced by the correct expression "notice of application".
2	11(1)	The Notice to be given by the applicant withdrawing his application should from now on be in Form D in Schedule 1.
3	16	The appellant shall file an affidavit of service within 7 days after serving his Notice of Appeal on each of the other parties.
4	32	6 copies of the Part A Record as described in Rule 31(2) shall be filed in the Registry of the Court of Final Appeal ("the Court").
5	36	A copy of the proposed Part B Record as described in Rule 31(3) shall be submitted to the Registrar in any event not later than 45 days (instead of 35 days) before the date appointed for the hearing of the appeal.
6	37	Approved Part B Record shall be filed in any event not later than 28 days (instead of 21 days) before the date appointed for the hearing of the appeal.
7	42	List of authorities shall be filed not less than 21 days (instead of 14 days) before the date appointed for hearing of the appeal.
8	64A	A new Rule 64A is added enabling the Registrar and a single permanent judge of the Court to give directions after the appellant has filed his case.
9	65(1)	This Rule is made without prejudice to the new Rule 64A.
10	70(1) 70(3)	The Court may abridge or extend time prescribed under the Principal Rules without conducting a hearing. Extension of time by written consent of the parties is abolished.
11	72	An application for leave to appeal may be inspected, searched for and copied by any person upon payment of a prescribed fee.
12	77	Notice of the final determination of any appeal shall also be given to the party in custody if he has not been present at the final determination.
13	Schedule 1	Forms A, B, C, D, E, F, and G are amended to standardize the reference to the Hong Kong Special Administrative Region and, where applicable, the matter reference in the headings and titles thereof.

Road Traffic Ordinance (Cap. 374)
Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1999 (L.N. 14)

This Regulation seeks to amend paragraph (2) of Regulation 31 of and the Fourth Schedule to the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub. leg.) by removing the reference to a specific model of smokemeter originally described in the Fourth Schedule. In substitution, models of smoke measuring apparatus will be specified by the Commissioner of Transport by notice in the Gazette. Such notice is expressly stated in the added new paragraph (2A) not to be subsidiary legislation and consequently not subject to review by the Legislative Council. No change has been made to the permitted smoke level.

This Regulation will come into effect on 27 February 1999.

Members may refer to the LegCo Brief (File Ref: TRAN 1/12/132(98)) for further information and consider whether a subcommittee needs to be formed to study the new modus operandi in detail.


Prepared by

KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
19 January 1999


1. See section 4 of this Order.

2. Hong Kin Road Garden, Tseung Kwan O Indoor Recreation Centre, Tsing Yi Indoor Recreation Centre and Tui Min Hoi Garden.

3. Section 107 of the Principal Ordinance.

4. Pleasure Grounds (Regional Council) Bylaws (Cap. 132 sub. leg.).

5. Section 42B of the Principal Ordinance.

6. Public Swimming Pools (Regional Council) By-laws (Cap. 132 sub. leg.).

7. Section 3 of this Declaration.

8. Section 4 of this Declaration.