LC Paper No. LS 193/98-99

Date of Tabling in LegCo :	26 May 1999
Amendment to be made by :	23 June 1999 (or 30 June 1999 if extended by resolution)

Inland Revenue Ordinance (Cap. 112)
Specification of Arrangements (Government of the Russian Federation Concerning Air Services) (Double Taxation) Order (L.N. 123)

This Order specifies the arrangement contained in Article 12 of the Air Services Agreement between the Government of the Hong Kong Special Administration Region of the People's Republic of China and the Government of the Russian Federation done at Hong Kong on 22 January 1999, as set out in the Schedule, as a double taxation relief arrangement under section 49 of the Inland Revenue Ordinance (Cap. 112).

Members may refer to the LegCo Brief (Ref: FIN CR 212/94) issued by the Finance Bureau in May 1999 for background information.

Estate Agents Ordinance (Cap. 511)
Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (L.N. 124)

This Practice Regulation is made by the Estate Agents Authority, with the approval of the Secretary for Housing, under the Estate Agents Ordinance (Cap. 511). It imposes certain general duties upon licensed estate agents and licensed salespersons and specifies the conduct and practices to be observed by licensed estate agents and licensed salespersons in carrying out their activities as such in relation to local residential properties. Commercial and industrial properties are not to be covered under this Regulation. This Regulation also prescribes a number of standard forms, in particular in relation to estate agency agreements for the vendor, purchaser, landlord and tenant of residential properties. A failure to comply with a provision of the Regulation may give rise to disciplinary action under Part IV of the Ordinance.

Members may refer to the LegCo Brief (Ref: HB9/7/42 IV) issued by the Housing Bureau in May 1999 for background information.

Estate Agents Ordinance (Cap. 511)
Estate Agents (Determination of Commission Disputes) Regulation (L.N. 125)

This Regulation provides for the determination by the Estate Agents Authority ("the Authority") of a commission dispute referred to it under section 49 of the Estate Agents Ordinance (Cap. 511).

The Authority shall have jurisdiction over disputes as regards a commission or other fee not exceeding $300,000. A legally qualified officer of the Authority will be appointed as adjudicator to determine a dispute. The Regulation also provides for the procedure to be adopted in determination proceedings, the form and effect of determination, and the payment of costs. A determination fee shall be payable to the Authority for providing the service of an adjudicator, the amount of which shall be -

1. 10% of the total amount of commission and other fee in dispute; or
   
   
2. $2,000,

whichever is the higher.

According to the LegCo Brief (Ref: HB9/7/42 IV), the Authority proposed that this Regulation as well as the above Practice Regulation should be brought into force on 1 November 1999.

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No. 2) Order 1999 (L.N. 126)

By this Order, the Provisional Urban Council designates Sai Ying Pun Market as a public market and cancels the designation of Ap Lei Chau Market as a public market.

This Order should be read in conjunction with the Declaration of Markets in the Urban Council Area (Amendment) Declaration 1999.

Public Health and Municipal Services Ordinance (Cap. 132)
Declaration of Markets in the Urban Council Area (Amendment) Declaration 1999 (L.N. 127)

Under this Declaration -

1. the Sai Ying Pun Market is declared to be a market to which the Public Health and Municipal Services Ordinance (Cap. 132) ("the principal Ordinance") applies; and
   
   
2. the principal Ordinance ceases to apply to Ap Le Chau Market.

This Declaration should be read in conjunction with the Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No. 2) Order 1999.

Public Health and Municipal Services Ordinance (Cap. 132)
Hawker (Permitted Place) Declaration 1999 (L.N. 128)

This Declaration is made by the Commissioner for Transport under section 83B(4) of the Public Health and Municipal Services Ordinance (Cap. 132) after consultation with the Provisional Urban Council and the Commissioner of Police. It declares the extent of the streets (i.e. Chiu Lung Street (East Side) and Findlay Road) specified in the Table in section 1 as hawker permitted places and makes a consequential amendment to the Hawker (Permitted Place) (Urban Council) (Consolidation) Declaration (Cap. 132 sub. leg.).

Housing Ordinance (Cap. 283)
Housing Ordinance (Amendment of Schedule) Order 1999 (L.N. 63 of 1999) (Commencement) Notice 1999 (L.N. 129)

This Notice appoints 1 June 1999 as the day on which the Housing Ordinance (Amendment of Schedule) Order 1999 (L.N. 63 of 1999) will come into operation. The resale restrictions of the Home Ownership Scheme and Private Sector Participation Scheme flats are to be relaxed.


Prepared by


Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
24 May 1999

LS/S/46/98-99