Legislative Council
LC Paper No. LS 113/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 26 February 1999
Legal Service Division Report on
Subsidiary Legislation Gazetted on 5 February 1999
| Date of Tabling in LegCo | : | 10 February 1999
|
| Amendment to be made by | : | 10 March 1999 (or 24 March 1999 if extended by resolution)
|
Air Pollution Control Ordinance (Cap. 311)
Air Pollution Control (Motor Vehicle Fuel) (Amendment) Regulation 1999 (L.N. 35)
This Regulation amends the Air Pollution Control (Motor Vehicle Fuel) Regulation (Cap. 311 sub. leg.) to :-
- prohibit the supply or sale of leaded petrol; and
- prohibit the supply or sale or dispensing of fuel additives containing lead.
Under the Regulation, any petrol supplier who knowingly supplies or any petrol retailer who knowingly sells leaded petrol commits an offence and is liable to a fine at level 5 ($50,000). Any person who knowingly supplies, sells or dispense fuel additives containing lead also commits an offence and is liable to a fine at level 5 ($50,000). However, a petrol retailer or a person selling or dispensing a lead-containing fuel additive does not commit an offence if he can prove that the petrol or the additive was obtained or purchased with a warranty or other written evidence from the supplier that the petrol was unleaded or the additive was lead-free.
This Regulation will come into operation on 1 April 1999.
Members may refer to the LegCo Brief (Ref : PELB(E) 55/01/123(98)) issued by the Planning, Environment and Lands Bureau in February 1999 for background information. According to the LegCo Brief, the Administration has consulted the oil companies, the Motor Traders Association, the Hong Kong Automobile Association, fleet managers, utility companies and those associations with interest in classic cars. They generally supported the proposed amendments although some classic car clubs expressed doubt on the efficacy of lead-free additives. Moreover, the Advisory Council on the Environment discussed and endorsed the proposed amendments at its meeting on 26 January 1999.
Census and Statistics Ordinance (Cap. 316)
Census and Statistics (Survey of External Claims, Liabilities and Income) Order (L.N. 36)
This Order directs the Commissioner for Census and Statistics to carry out statistical surveys relating to the external claims, external liabilities and external factor income flows of local individuals and local undertakings. It sets out, among other things, the purposes of the survey, the matters in respect of which information is required to be given, the manner of data collection and the subsequent disposal of the data.
This Order repeals the Census and Statistics (Annual Survey of External Investments in Non-manufacturing Undertakings) Order (Cap. 316 sub. leg.) and the Census and Statistics (Annual Survey of External Factor Income Flows) Order (Cap. 316 sub. leg.).
Members may refer to the LegCo Brief (Ref: FSB EAD 8/5141/87 Pt.3) dated 1 February 1999 issued by the Financial Services Bureau for background information. According to the LegCo Brief, the data collected on external claims, liabilities and income of local individuals and local undertakings will facilitate the Hong Kong Special Administrative Region to compile comprehensive and systematic statistical information on external transactions (i.e. Balance of Payments statistics) in accordance with the standards and requirements stipulated by the International Monetary Fund.
Paragraph 8 of the LegCo Brief states that the Statistics Advisory Board and the Economic Advisory Committee supported the collection of the relevant data and the Administration has taken into account the comments and feedback from prospective data suppliers, business associations and academic institutions in the formulation of the data compilation methodology.
Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187)
Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) Order 1999 (L.N. 37)
Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187)
Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1999 (L.N. 38)
L.N. 37 amends the Animals and Plants (Protection of Endangered Species) (Exemption) Order (Cap. 187 sub. leg.) to exempt certain species from the restriction imposed by the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) on the possession or control of scheduled species.
L.N. 38 amends the Schedules to the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) to give effect to the changes made in June 1997 to the listings of endangered species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Convention extends to Hong Kong Special Administrative Region through the ratification made by the People*s Republic of China. It requires that the import and export of certain species listed in its Appendices be subject to control.
L.N. 38 will come into operation on a day to be appointed by the Secretary for Economic Services by notice in the Gazette. L.N. 37, on the other hand, will come into operation on the day appointed for the commencement of L.N. 38.
Members may refer to two LegCo Briefs (Ref: ECON 19/3231/73) dated 4 February 1999 issued by the Economic Services Bureau for background information. According to the LegCo Brief, the Endangered Species Advisory Committee, which comprises representatives from the scientific community and the trade, has been consulted and has no objection to the proposals.
High Court Ordinance (Cap. 4)
Rules of the High Court (Amendment) Rules 1999 (L.N. 39)
The purpose of these Rules is to amend the Rules of the High Court (Cap. 4 sub. leg.) so as to provide for -
- the service of writs in the Mainland of China through the judicial authorities of the Mainland of China;
- the service in Hong Kong of judicial documents from the Mainland of China where the Registrar receives a request for service from the judicial authorities of the Mainland of China; and
- the rectification of certain minor drafting irregularities of the Rules of the High Court (Cap. 4 sub. leg.).
The amendments relating to service of writs in the Mainland of China and service in Hong Kong of judicial documents from the Mainland of China will come into operation on a day to be appointed by the Chief Justice by notice in the Gazette.
Members may refer to the LegCo Brief (Ref: CSO/ADM CR 1/3221/87(99)Pt.8) dated 3 February 1999 issued by the Chief Secretary for Administration*s Office for background information. According to the LegCo Brief, the Administration briefed the LegCo Panel on Administration of Justice and Legal Services on 15 December 1998 on the proposed amendments. Members of the Panel generally welcomed the amendments.
Pharmacy and Poisons Ordinance (Cap. 138)
Pharmacy and Poisons (Amendment) (No. 2) Regulation 1998 (L.N. 22 of 1999) (Commencement) Notice 1999 (L.N. 40)
Pharmacy and Poisons Ordinance (Cap. 138)
Poisons List (Amendment) (No. 2) Regulation 1998 (L.N. 23 of 1999) (Commencement) Notice 1999 (L.N. 41)
These two Notices appoint 5 February 1999 as the day on which the relevant provisions in the Pharmacy and Poisons (Amendment) (No. 2) Regulation 1998 (L.N. 22 of 1999) and the Poisons List (Amendment) (No. 2) Regulation 1998 (L.N. 23 of 1999) imposing control on Sildenafil (commonly known as Viagra) will come into operation.
These two Notices also appoint 1 April 1999 as the day on which the remaining provisions of the two Regulations that have not come into operation will come into operation. Those provisions impose control on other substances.
Census and Statistics Ordinance (Cap. 316)
Census and Statistics (Quarterly Survey of Employment and Vacancies) (Amendment) Order 1999 (L.N. 42)
This Order amends the Census and Statistics (Quarterly Survey of Employment and Vacancies) Order (Cap. 316 sub. leg.) to alter the information required to be given to the Commissioner for Census and Statistics starting from the survey period of the first quarter of 1999.
This Order will come into operation on 31 March 1999.
Members may refer to the LegCo Brief (Ref: FSB CR4/5141/68) dated 4 February 1999 issued by the Financial Services Bureau for background information.
Prepared by
Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
22 February 1999
LS/S/30/98-99
