LC Paper No. CB(1)1371/98-99

Ref : CB1/SS/5/98

Purpose

This paper reports on the Administration's proposed legislative means for resolving the problem of non-tabling of certain subsidiary legislation.

Background

2. The Subcommittee reported to the House Committee on 7 May 1999 its deliberations on issues relating to the tabling of subsidiary legislation in Legislative Council (LegCo). As the Administration was then considering the desirability of enacting validation legislation in respect of the subsidiary legislation which had not been tabled in LegCo, the Subcommittee undertook to monitor the outcome of the matter and report further to the House Committee in due course.

Latest position

3. The Subcommittee was subsequently notified by the Administration of its decision to introduce the Statute Law (Miscellaneous Provisions) Bill 1999 and to include in it a scheme of validation in respect of the 19 items of subsidiary legislation gazetted on 27 June 1997 (L.N.s 359 to 376 of 1997) and 30 June 1997 (L.N.s 377 and 378 of 1997) and the Commencement Notice in respect of the Ozone Layer Protection (Controlled Refrigerants) Regulation (General Notice 4794 of 1993) which had not been tabled in LegCo. The Subcommittee notes that under the proposed scheme, the subsidiary legislation in question "shall be deemed to have been duly laid on the table of the Legislative Council in accordance with the requirements of section 34(1) of the Interpretation and General Clauses Ordinance (Cap. 1)". For the purpose of removing the confusion caused by the publication of two Commencement Notices in respect of the Ozone Layer Protection (Controlled Refrigerants) Regulation, i.e. G.N. 4794 of 1993 and L.N. 391 of 1998, the Subcommittee notes that the Bill will declare the latter Commencement Notice which appoints 1 January 1999 as the day on which the Regulation is to come into operation "to be and always to have been of no force and effect".

4. The Subcommittee notes that the Statute Law (Miscellaneous Provisions) Bill 1999 will be dealt with in accordance with the normal procedures for introducing bills into LegCo. The Administration has informed the Subcommittee that it will consult the LegCo Panel on Administration of Justice and Legal Services before introducing the Bill into LegCo.

Advice sought

5. Members are requested to note the information in the foregoing paragraphs.


Legislative Council Secretariat
26 May 1999