Legislative Council

LC Paper No. LS257/98-99

Date of Tabling in LegCo :	6 October 1999
Amendment to be made by :	3 November 1999 (or 10 November 1999 if extended by resolution)

Import and Export Ordinance (Cap. 60)
Import and Export (General) (Amendment) Regulation 1999 (L.N. 193)

Import and Export Ordinance (Cap. 60)
Export (Certificates of Origin) (Amendment) Regulation 1999 (L.N. 194)

Import and Export Ordinance (Cap. 60)
Import and Export (Fees) (Amendment) Regulation 1999 (L.N. 195)

These 3 sets of amending regulations are made to implement the arrangements introduced by the Import and Export (Amendment) Ordinance 1999 (37 of 1999) and Protection of Non-Government Certificates of Origin (Amendment) Ordinance 1999 (38 of 1999).

Members may recall that those 2 amending ordinances were passed on 7 July 1999 and provide for the statutory implementation of the production notification (PN) system, the submission of the relevant documents via Electronic Data Interchange (EDI) and the handling by approved bodies of EDI applications for certificates of origin (CO). Both are due to come into operation on 23 July 1999 (see next 2 items).

L.N. 193 supplements the principal ordinance on the PN arrangement. It prescribes the types of garments, their manufacturing processes and destination countries that are subject to the PN requirements and empowers the setting up of a register containing the particulars of persons to be issued with or required to lodge statutory documents in respect of textiles exports and re-exports.

L.N. 194 provides for the issue of CO using EDI. L.N. 195 prescribes the fee levels for applications for CO and PN on paper and via EDI.

LegCo Brief TIB CR 14/46/3/1 issued by the Trade and Industry Bureau in June 1999 is relevant.

Import and Export Ordinance (Cap. 60)
Import and Export (Amendment) Ordinance 1999 (37 of 1999) (Commencement) Notice 1999 (L.N. 196)

Protection of Non-Government Certificates of Origin Ordinance (Cap. 324)
Protection of Non-Government Certificates of Origin (Amendment) Ordinance 1999 (38 of 1999) (Commencement) Notice 1999 (L.N. 197)

These 2 Notices appoint 23 July 1999 as the day on which the 2 amending ordinances shall come into operation.

Revenue Ordinance (44 of 1999)
Repeal of Cross-Harbour Tunnel Ordinance and Cross-Harbour Tunnel (Passage Tax) Ordinance (Savings, Transitional and Consequential Provisions) Regulation (L.N. 198)

This Regulation saves certain rights and obligations consequential upon the repeal of the Cross-Harbour Tunnel Ordinance (Cap. 203) and the Cross-Harbour Tunnel (Passage Tax) Ordinance (Cap. 274), with effect from 1 September 1999, by the Revenue Ordinance (44 of 1999)

It provides that payments payable immediately before the repeal of those ordinances will still be payable and enforceable, and investigation and legal proceedings in respect of offences under them may be continued and driving-offence points recorded. The defendant's right to plead guilty by letter will also be preserved in respect of those offences.

The Regulation also provides that existing traffic signs at the Cross Harbour Tunnel Area will continue to be used. References that will be rendered inapplicable by the repeal are also to be removed.

Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413)
Merchant Shipping (Prevention and Control of Pollution) (Specification of Substances) (Amendment) Order 1999 (L.N. 199)

This Order updates the list of substances other than oil as a result of the amendments made to the Annex to the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil 1973. The amendments went into force internationally on 19 December 1997.

Under the principal ordinance, the Director of Marine is empowered, for the purpose of preventing or reducing pollution from oil or any specified substance other than oil, to give directions as respects a ship or its cargo.

LegCo Brief ECON 28/5061/89(99) issued by the Economic Services Bureau on 20 July 1999 is relevant.

Industrial Training (Clothing Industry) Ordinance (Cap. 318)
Industrial Training (Clothing Industry) Ordinance (Amendment of Schedule 2) Order 1999 (L.N. 200)

This Order changes the statutory composition of the Clothing Industry Training Authority by substituting 2 members nominated by the Textile and Clothing Training Board for 2 members nominated by the Clothing Industry Training Board.

The change is made consequent upon the merger of the Clothing Industry Training Board with the Textile Industry Training Board to form the new Textile and Clothing Training Board as from 1 January 1998.

LegCo Brief EMB 3/3037/70 VIII issued by the Education and Manpower Bureau on 23 July 1999 is relevant.

Prepared by

CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
11 August 1999