Legislative Council

LC Paper No. LS19/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 4 September 1998

Legal Service Division Report on
Subsidiary Legislation Gazetted on 24 July 1998



Date of Tabling in LegCo:29 July 1998

Amendment to be made by:9 September 1998 (as extended by resolution)


Census and Statistics Ordinance (Cap. 316)
Census and Statistics (Monthly Survey of Retail Sales) (Amendment) Order 1998 (L.N. 289)
Census and Statistics (Quarterly Survey of Service Industries) (Amendment) Order 1998(L.N. 290)


By these two Orders, the Secretary for Financial Services expands the scope of data collection in carrying out statistical survey relating to monthly retail sales (L.N. 289) and the service industries (L.N. 290).

Members may refer to two LegCo Briefs File Ref : FSB EAD 8/5141/87 III issued by the Financial Services Bureau on 20 July 1998 for background information.

Public Health and Municipal Services Ordinance (Cap. 132)
Designation of Libraries (Urban Council Area) (No. 2) Order 1998 (L.N. 291)

This Order cancels the designation of T111, Third Floor, Lok Fu Shopping Centre, Junction Road, Kowloon as a library and designates Shop No. 112, Third Floor, Lok Fu Shopping Centre I, Junction Road, Kowloon in its place.

The effect of the Order is to vest the management and control of the relocated Lok Fu Public Library in the Provisional Urban Council and thus enable the Provisional Urban Council to exercise its statutory functions in relation to the same under the Public Health Municipal Services Ordinance (Cap. 132).

Mandatory Provident Fund Schemes Ordinance
Mandatory Provident Fund Schemes Ordinance (Cap. 485) (Commencement) Notice 1998 (L.N. 292)

Provident Fund Schemes Legislation (Amendment) Ordinance 1998
Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998) (Commencement) Notice 1998(L.N. 293)

Mandatory Provident Fund Schemes (General) Regulation
Mandatory Provident Fund Schemes (General) Regulation (L.N. 201 of 1998) (Commencement) Notice 1998 (L.N. 294)

These three notices appoint 24 July 1998 as the day on which certain provisions of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), the Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998) and the Mandatory Provident Fund Schemes (General) Regulation (L.N. 201 of 1998) shall come into operation.

These provisions relate to :

  1. the establishment of the Mandatory Provident Fund Schemes Authority (MPFA), its membership, functions, directors, power to appoint staff and consultants, procedure at meetings and delegation of functions;

  2. the establishment of the Mandatory Provident Fund Schemes Advisory Committee, its meetings and functions;

  3. the addition of MPFA to the list of public bodies under the Prevention of Bribery Ordinance (Cap. 201), so that its employees cannot solicit or accept any advantages without lawful authority or reasonable excuse in circumstances specified in that Ordinance; and

  4. the power of MPFA to issue guidelines for approval of certain overseas financial institutions and technical terms defined in the Mandatory Provident Fund Schemes (General) Regulation. Such guidelines are not subsidiary legislation, but they shall be published in the Gazette or in some other publication determined by MPFA.

Members may refer to the LegCo Brief File Ref. MPFO/AP/7/3 Pt. 56 issued by the Mandatory Provident Fund Office of the Financial Services Bureau on 21 July 1998 for background information.


Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
28 July 1998