Legislative Council

LC Paper No. LS 51/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 6 November 1998

Legal Service Division Report on
Subsidiary Legislation Gazetted on 23 October 1998

Date of Tabling in LegCo	:	4 November 1998
Amendment to be made by	:	2 December 1998 (or 9 December 1998 if extended by resolution)

Import and Export Ordinance (Cap. 60)
Import and Export (Registration) (Amendment) (No. 2) Regulation 1998 (L.N. 334)

Under this Regulation, postal lodgement ceases to be one of the methods for lodging with the Commissioner of Customs and Excise import and export declarations relating to any article which is not exempted under the Import and Export Ordinance (Cap. 60).

The Regulation shall come into operation on a day to be appointed by the Commissioner of Customs and Excise by notice in the Gazette.

Inland Revenue Ordinance (Cap. 112)
Specification of Arrangements (Government of the Kingdom of Belgium
Concerning Air Services) (Double Taxation) Order (L.N. 335)
Specification of Arrangements (Government of the State of Israel Concerning Air Services) (Double Taxation) Order (L.N. 336)

The two Orders respectively specify (a) Article 9 of the Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of the Kingdom of Belgium concerning Air Services signed on 6 April 1998 and (b) Article 9 of the Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of the State of Israel concerning Air Services signed on 19 March 1998, as a double taxation relief arrangement under section 49 of the Inland Revenue Ordinance (Cap. 112).

The first Order shall apply in the HKSAR for any year of assessment beginning on or after 1 April 1998 and the second Order, for any year of assessment beginning on or after 1 April 1999.

Members may refer to the two LegCo Briefs File Ref. FIN CR 76/96 and FIN CR 33/96 issued by the Finance Bureau (undated) for background information.

Public Health and Municipal Services Ordinance (Cap. 132)
Designation of Libraries (Urban Council Area) (No. 3) Order 1998(L.N. 337)

This Order designates Units No. 1 to 6, ground floor, Commercial Centre, Pak Tin Estate, Kowloon as a library and provides that Units No. 5 and 6, ground floor, Commercial Centre, Pak Tin Estate, Kowloon shall cease to be a library. The effect of the Order is to vest the management and control of the expanded Pak Tin Public Library in the Provisional Urban Council.

Adaptation of Laws (Nationality Related Matters) Ordinance
Adaptation of Laws (Nationality Related Matters) Ordinance (28 of 1998) (Commencement) Notice 1998 (L.N. 338)

This Notice appoints 23 October 1998 as the day on which section 2 (in relation to items 4 and 5 in Schedule 1) of the Adaptation of Laws (Nationality Related Matters) Ordinance (28 of 1998) shall come into operation. The remaining provisions in the Ordinance are deemed to have come into operation on 1 July 1997.

Items 4 and 5 in Schedule 1 of that Ordinance amends the Registration of Persons Ordinance (Cap. 177) and its subsidiary legislation by repealing references to British National (Overseas) passport in provisions relating to the application for the issue of a permanent identity card by a person who enjoys the right of abode in Hong Kong where such permanent identity card is required by the applicant for, amongst other things, a British National (Overseas) passport. According to the Administration, all outstanding applications for British National (Overseas) passports, including those made overseas, have been processed.

Fugitive Offenders (New Zealand) Order
Fugitive Offenders (New Zealand) Order (L.N. 263 of 1998) (Commencement) Notice 1998 (L.N. 339)

This Notice appoints 23 October 1998 as the day on which the Fugitive Offenders (New Zealand) Order (L.N. 263 of 1998) shall come into operation.

The Order applies the procedures for the surrender of fugitive offenders set out in the Fugitive Offenders Ordinance (23 of 1997) to Hong Kong and New Zealand. The Order is made in consequence of the arrangements for the surrender of fugitive offenders entered into by Hong Kong and New Zealand on 3 April 1998.


Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
26 October 1998

13Oct/LS/S/15/98-99