Legislative Council

LC Paper No. LS 135/98-99

Date of Tabling in LegCo	:	24 March 1999
Amendment to be made by	:	21 April 1999 (or 28 April 1999 if extended by resolution)

Port Control (Cargo Working Areas) Ordinance (Cap. 81)
Port Control (Cargo Working Areas) (Amendment) Regulation 1999 (L.N. 71)

The main purposes of the Amendment Regulation are to -

1. introduce the operation area permit system, under which the holder of an operation area permit is entitled to carry out certain activities in a public cargo working area ("PCWA") or public water-front without the need to make separate applications for a permit for each of the activities;
   
   
2. simplify the fee structure for vehicles entering a PCWA to perform cargo loading or unloading activities by replacing both working area tickets and parking area tickets by vehicle entry tickets; and
   
   
3. delete the references to "cargo transfer permit", "crane barge" and "crane barge permit", which have become obsolete.

According to the LegCo Brief (Ref : ECON 6/5061/95(99)XIII(TC27/96 XI) dated 16 March 1999 issued by the Economic Services Bureau, operators in PCWAs are currently required to pay up to seven fees, including the storage of cargoes, the use of forklift truck, etc. within the PCWAs. The effect of the proposed amendments is that each operator will be given the option of renting a small area behind his berth for carrying out permitted cargo handling related activities by paying a fixed rental for an operation area permit instead of paying individual fees. The proposed fee for an operation area permit is $10 per m2 of area per month. According to the Administration, the new operation area permit system will give the operators more control and flexibility in carrying out their business but will result in a revenue forgone of about $12.3 million per annum.

Among the fees intended to be covered by the new operation area permit are the fees for the issue of any permission in writing not otherwise specified and the issue of a permit to van or devan containers not across a seawall as specified in the Schedule to the Port Control (Cargo Working Areas) Regulations (Cap. 81 sub. leg.) ("the Regulations"). However, the necessary legal basis for the issue of such permission and such permit appears to be lacking as the power to issue the same has not been expressly provided in the Regulations. Moreover, the new provision on operation area permits (new regulation 7D), as presently drafted, does not appear to cover the above two fees as intended by the Administration.

Having acknowledged the above technical problems, the Administration agreed to amend the Regulations. However, in order not to delay the implementation of the new system, the Administration has proposed to resolve the above technical problems by way of a further amendment regulation, through which an appeal mechanism for the issue of permits under the Regulations will also be introduced. According to the Administration, the above further amendments to the Regulations are scheduled to be tabled in the Legislative Council in late June/early July 1999. In the interim period, we are informed that PCWA operators will not be charged the above two fees as far as the practical implementation of the operation area permit is concerned.

The Amendment Regulation also seeks to replace working area tickets and parking area tickets by vehicle entry tickets. A comparison between the current system and the proposed amendments is set out below:

Current System			Proposed amendments
	Tickets required	Fees		Tickets required	Fees
(1)	Working Area Ticket	$33 per hour	(1)	Vehicle Entry Ticket -
(2)	Parking Area Ticket -
	(a) from 8:00 a.m. to 6:00 p.m.	$33 per hour up to a maximum of $135		(a) from 8:00 a.m. to 6:00 p.m.	$33 per hour up to a maximum of $85
	(b) from 6:00 p.m. to 8:00 a.m.	$85		(b) from 6:00 p.m. to 8:00 a.m.	$33 per hour up to a maximum of $85

According to the LegCo Brief, the Administration has consulted the PCWA operators extensively through the relevant trade associations and the proposal has received their support.

The Amendment Regulation will come into operation on a day to be appointed by the Secretary for Economic Services by notice in the Gazette.

Occupational Retirement Schemes Ordinance (Cap. 426)
Occupational Retirement Schemes (Notices of Changes) Rules (L.N. 360 of 1998) (Commencement) Notice 1999 (L.N. 72)

This Notice appoints 30 April 1999 as the day on which the Occupational Retirement Schemes (Notices of Changes) Rules (L.N. 360 of 1998) will come into operation.

The Rules provide for the details and matters to be supplied in notices to the Registrar of Occupational Retirement Schemes required under the Occupational Retirement Schemes Ordinance (Cap. 426) in respect of changes of certain particulars, including the name of a registered or exempted scheme, relevant employer of a registered or exempted scheme, name or address of the relevant employer of a registered or exempted scheme, etc.

Occupational Retirement Schemes Ordinance (Cap. 426)
Occupational Retirement Schemes (Authentication and Certification of Documents) (Amendment) Rules (L.N. 361 of 1998) (Commencement) Notice 1999 (L.N. 73)

This Notice appoints 30 April 1999 as the day on which the Occupational Retirement Schemes (Authentication and Certification of Documents) (Amendment) Rules 1998 (L.N. 361 of 1998) will come into operation.

The Rules amend the Occupational Retirement Schemes (Authentication and Certification of Documents) Rules (Cap. 426 sub. leg.) to require to be certified certain documents required to be submitted under the Occupational Retirement Schemes (Notices of Changes) Rules (L.N. 360 of 1998).

Occupational Retirement Schemes Ordinance (Cap. 426)
Occupational Retirement Schemes (Fees) (Amendment) Rules 1998 (L.N. 362 of 1998) (Commencement) Notice 1999 (L.N. 74)

This Notice appoints 30 April 1999 as the day on which the Occupational Retirement Schemes (Fees) (Amendment) Rules 1998 (L.N. 362 of 1998) will come into operation.

The Rules amend the Occupational Retirement Schemes (Fees) Rules (Cap. 426 sub. leg.) to prescribe fees payable on various notices of changes to occupational retirement schemes under the Occupational Retirement Schemes Ordinance (Cap. 426) as "nil".

Business Registration Ordinance (Cap. 310)
Business Registration (Amendment) Ordinance 1999 (3 of 1999) (Commencement) Notice 1999 (L.N. 75)

This Notice appoints 1 April 1999 as the day on which the Business Registration (Amendment) Ordinance 1999 (3 of 1999) will come into operation.

The Amendment Ordinance amends the Business Registration Ordinance (Cap. 310) to introduce changes to the business registration system and to streamline the operation of the system.

District Councils Ordinance (8 of 1999)
District Councils Ordinance (8 of 1999) (Commencement) Notice 1999 (L.N. 77)

This Notice appoints 19 March 1999 as the day on which certain provisions of the District Councils Ordinance (8 of 1999) ("the Ordinance") will come into operation. Those provisions deal with the establishment of District Councils, composition and membership of a District Council, conduct of elections, etc.

The provisions that have not yet come into operation relate to the repeal of the Provisional District Boards Ordinance (Cap. 366) and certain consequential amendments set out in Schedule 6 to the Ordinance.

Prepared by


Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
22 March 1999

LS/S/30/98-99