Legislative Council
LC Paper No. LS14/98-99
Ref :CB(3)/SC/Airport/98
Paper for the House Committee Meeting
of the Legislative Council
on 17 July 1998
Legal Service Division Report on
Subsidiary Legislation Gazetted on 10 July 1998
| Date of Tabling in LegCo | : 15 July 1998
|
| Amendment to be made by | : 29 July 1998 (or 9 September 1998 if extended by resolution)
|
Director of Intellectual Property (Establishment) Ordinance (Cap. 412)
Director of Intellectual Property (Establishment) Ordinance (Amendment of Schedule 1) Order 1998 (L.N. 272)
This Order adds the office of Solicitor to the list of officers which are appointed by the Chief Executive to assist the Director of Intellectual Property in the performance of his duties.
Members may refer to LegCo Brief TIB 80/18/1 issued by the Trade and Industry Bureau and dated 9 July 1998 for more information.
Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 2) Order 1998(L.N. 273)
This Order sets aside 6 places as public pleasure grounds in the Regional Council area.
High Court Ordinance (Cap. 4)
High Court Suitors�Funds (Amendment) Rules 1998 (L.N. 274)
These Rules provide that interest shall be credited in respect of money paid into court as security for costs etc. only after 14 days and increase the threshold at which interest becomes payable from $2,500 to $7,500.
High Court Ordinance (Cap. 4)
Rules of the High Court (Amendment) (No. 2) Rules 1998 (L.N. 275)
These Rules amend the Rules of the High Court in 3 areas -
- to allow for storage of the cause book by other means other than in the form of a book;
- to increase the amount up to which a bill of costs may be provisionally taxed from $50,000 to $100,000; and
- to provide that the notice of motion in relation to an appeal against any order made by the Solicitors Disciplinary Tribunal must be served within 21 days from the date of pronouncement of the relevant order.
Road Traffic Ordinance (Cap. 374)
Hire Car Permits (Limitation on Numbers) (Amendment) Notice 1998 (L.N. 276)
This Notice increases with effect from 15 August 1998 the number of permits which may be issued for tour hire car service from 300 to 400.
Road Traffic Ordinance (Cap. 374)
Road Traffic (Safety Equipment) (Amendment) Regulation 1998 (L.N. 114 of 1998) (Commencement) Notice 1998 (L.N. 277)
This Notice appoints 1 August 1998 as the day on which the amending regulation shall come into operation.
The amending regulation updates the standards for seat belts and empowers the Commissioner for Transport to approve seat belts affording a degree of protection no less than the types specified in the principal regulation.
Hong Kong Airport (Control of Obstructions) Ordinance (Cap. 301)
Hong Kong Airport (Control of Obstructions) (Repeal) Order 1998 (L.N. 116 of 1998) (Commencement) Notice 1998 (L.N. 278)
This Notice appoints 10 July 1998 as the day on which the repealing order shall come into operation.
The order repeals the height restriction provisions applicable to Kai Tak Airport following its decommissioning.
Dangerous Drugs Ordinance (Cap. 134)
Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 (63 of 1994) (Commencement) Notice 1997 - Corrigendum (L.N. 279)
Please see item below.
Dangerous Drugs Ordinance (Cap. 134)
Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 (63 of 1994) (Commencement) Notice 1998 (L.N. 280)
This appoints 14 August 1998 as the day on which the amending Ordinance shall come into operation.
A previous notice has been made and gazetted in July 1997 to appoint 28 July 1997 as the commencement date of the amending ordinance. However, it is now acknowledged by the Administration in a Corrigendum (the previous item) that the previous notice was not made after consultation with the Executive Council.
In the LegCo Brief NCR 2/1/8 XIV issued by the Security Bureau on 8 July 1998, it is explained that the failure to consult the Executive Council beforehand as required under Article 56 of the Basic Law has thrown doubt on the validity of that notice. This new commencement notice is therefore made to put the matter beyond doubt.
A letter (copy attached) has been written to the Administration to seek clarification on whether any thing has been done in reliance on, and the effect of, the first notice.
The object of the amending ordinance is to add a new part to the principal ordinance to implement provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances relating to suppression of illicit drug traffic by sea.
Prepared by
CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
15 July 1998
LS/S/3/98-99
2869 9283
2877 5029
By Fax (2810 1790) and Post
13 July 1998
Secretary for Security
Security Bureau
Narcotics Division
23/F, High Block
Queensway Government Offices
66 Queensway
Hong Kong
(Attn: Miss Cathy Chu, PAS(N))
Dear Sir,
Commencement of the Dangerous Drugs (Amendment) (No. 2) Ordinance 1994
I refer to the Corrigendum published as L.N. 279 of 1998 in the Gazette on 10 July 1998 and the related L.N. 280 of 1998 gazetted on the same day.
It is stated in paragraph 5 of the Legislative Council Brief issued by your Bureau on 8 July 1998 on the Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 (63 of 1994) (Commencement) Notice 1998 (ref. NCR 2/1/8 XIV) that because of the failure to consult the Executive Council in accordance with Article 56 of the Basic Law, it is arguable whether the commencement notice gazetted on 25 July 1997 as L.N. 405 of 1997, appointing 28 July 1997 as the day on which the Dangerous Drugs (Amendment) (No. 2) Ordinance 1994 (the amending ordinance) came into operation, is valid or not. A fresh commencement notice appointing 14 August 1998 as the commencement date (L.N. 280 of 1998) is therefore made to put the matter beyond doubt.
I would like to seek clarification from the Administration on the following issues relating to the legal effect of the respective commencement notices :-
- Has anything been done under the amending ordinance since 28 July 1997 in reliance on the first commencement notice and if so, whether the legality of anything so done would now be called into question in view of the dubious validity of that commencement notice?
- If nothing has been done so far under the amending ordinance in reliance on the first commencement notice, is there any need that the notice given its dubious validity should remain unrepealed after the second commencement notice has been made?
- Would the second commencement notice have the effect of repealing the first commencement notice by implication?
In view of the time constraint on Members in their scrutiny of subsidiary legislation, I would be grateful for your prompt response.
Yours faithfully
(Arthur CHEUNG)
Assistant Legal Adviser
