Legislative Council

LC Paper No. LS 1/98-99


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

Legal Service Division Reports on Subsidiary Legislation

Purpose of Paper

The purpose of this paper is to explain to Members the reason for the large volume of subsidiary legislation which is now presented to Members and to recommend that a Subcommittee be formed to study them.

Background

2. Under the Interpretation and General Clauses Ordinance (Cap. 1) items of subsidiary legislation made and gazetted after 11 March 1998 are still subject to the scrutiny of this Council. They include items of subsidiary legislation which had been tabled at a meeting of the Provisional Legislative Council and those which have not been tabled because there has been no meeting of the Provisional Legislative Council since they were gazetted.

Nature of subsidiary legislation

3. The explanation for the large volume (64 items as at 30 June 1998) lies in the nature of subsidiary legislation. For many years legislatures worldwide have recognised that it is not practical for them to spend legislative time enacting the detailed rules and regulations which are often necessary to implement a statute (ordinance).

4. Therefore the solution commonly adopted (as in Hong Kong) is that the legislature, by a specific provision in the statute, authorizes the executive to enact subsidiary rules and regulations to make the statute work in practice. These subsidiary rules have the force of law. Hence they are called "subsidiary legislation" (or "subordinate" or "delegated" legislation).

Role of the legislature

5. Because subsidiary legislation has the force of law (and is therefore capable of interfering with citizen's rights) it is essential that the legislature should retain supervisory control over it.

6. This supervisory control by the legislature is achieved by comprehensive statutory provisions which apply to all subsidiary legislation. In Hong Kong these provisions are contained in sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap. 1). The texts of these sections are annexed (Appendix I) to this paper for Members' ease of reference. In brief, they ensure the following :

  1. this Council has an opportunity to amend any subsidiary legislation, within certain time limits ("the section 34 procedure");

  2. some items of subsidiary legislation will not come into effect without the prior approval of this Council ("the section 35 procedure").

7. All the items of subsidiary legislation currently submitted to Members are subject to the section 34 procedure. Provisional Legislative Council Briefs issued by the Administration on items of subsidiary legislation are appended to the relevant reports on them. Members may also obtain copies of the gazetted version of these items of subsidiary legislation from the Legislative Council Library.

8. Items of subsidiary legislation listed at Appendix II were made and gazetted shortly before the last meeting of the Provisional Legislative Council on 7 April 1998. Under section 34(2) and (3) of the Interpretation and General Clauses Ordinance (Cap. 1), the scrutiny period of these items of subsidiary legislation by the Council is deemed to extend to and expire on the day after the second meeting (i.e. 8 July 1998) of this Council. The scrutiny period could be further extended under the Interpretation and General Clauses Ordinance (Cap. 1) by resolution of this Council to the next meeting (i.e. 15 July 1998).

9. Items of subsidiary legislation listed at Appendix III were made and gazetted after the last meeting of the Provisional Legislative Council on 7 April 1998. These items of subsidiary legislation were tabled at the meeting of this Council on 2 July 1998 and this Council may by resolution amend these items at the meeting of this Council to be held on 29 July 1998 or the next meeting of this Council if extended by resolution.

Suggested method of approach

10. In scrutinizing subsidiary legislation the principal tests are :

  1. lawfulness - are the provisions within the limits of the authority entrusted to the executive by the legislature in the principal ordinance?

  2. fairness/reasonableness - even if lawful, are the provisions acceptable on their merits?

  3. clarity - even if lawful, fair and reasonable, can improvements be made to the drafting to help citizens understand them?

11. It is the Legal Service Division's responsibility to advise Members on (a) and (c) above since legal issues are involved. Hence the Division scrutinizes all items when they are gazetted, normally on a Friday. A written report is then produced for the next House Committee meeting, held usually on the following Friday. The weekly report enables Members to monitor all items. Those which are of interest or concern to one or more Members will then be followed up, either by the Legal Service Division or the Secretariat, on request. If Members find there are issues that need to be further pursued, a subcommittee may be formed to study a particular item in detail. Alternatively, a subcommittee may be set up at the outset, if necessary.

Amendment of subsidiary legislation by LegCo resolution

12. If as a result of the scrutiny of an item of subsidiary legislation it is found that changes should be made, Members may amend it by passing a resolution in this Council within the prescribed time limits.

13. Any such amendment to a piece of subsidiary legislation by resolution takes effect only from the date of gazettal of the resolution. Therefore the amendment does not affect anything done before then under the subsidiary legislation although it might have already taken effect.

14. However, the power of the Council to amend cannot exceed the power to make the subsidiary legislation exercisable by the body which makes it.

Recommendation

15. To ensure proper scrutiny of the large number of items of subsidiary legislation, Members may consider it advisable to form a Subcommittee to study these items.

16. In relation to those items of subsidiary legislation referred to at Appendix II Members may consider extending the scrutiny period from 8 July to 15 July 1998 in order to allow the Subcommittee time to consider them.

Encl

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998


Appendix II(a)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 13 March 1998

Date of Tabling in Provisional LegCo:18 March 1998
Amendment to be made by: 8 July 1998 (or 15 July 1998 if extended by resolution)

Housing (Amendment) Ordinance 1997 (108 of 1997)
Housing (Amendment) Ordinance 1997 (108 of 1997) (Commencement) Notice 1998 (L.N. 180)

The Acting Secretary for Housing has appointed 13 March 1998 as the day on which the Ordinance is to come into operation. The Ordinance mainly provides that any adjustment in rent of residential units under the Housing Authority shall not commence within 3 years of the preceding adjustment.

Housing (Amendment) Ordinance 1998 (3 of 1998)
Housing (Amendment) Ordinance 1998 (3 of 1998) (Commencement) Notice 1998 (L. N. 181)

The Acting Secretary for Housing has appointed 13 March 1998 as the day on which the Ordinance is to come into operation. The Ordinance makes some technical amendments to facilitate the implementation of the above first mentioned Ordinance.

Consumer Goods Safety Ordinance (Cap. 456)
Consumer Goods Safety Regulation (L.N. 110 of 1997) (Commencement) Notice 1998 (L.N. 182)

The Secretary for Trade and Industry has appointed 1 April 1998 as the day on which the Regulation is to come into operation. The Regulation requires any warning or caution with respect to the safekeeping, use, consumption or disposal of consumer goods to be in both English and Chinese languages.

Toys and Children's Products Safety Ordinance (Cap. 424)
Toys and Children's Products Safety Regulation (L.N. 111 of 1997) (Commencement) Notice 1998(L. N. 183)

The Secretary for Trade and Industry has appointed 1 April 1998 as the day on which the Regulation is to come into operation. Similar to the above Regulation, this Regulation requires any warning or caution with respect to the safekeeping, use, consumption or disposal of toys and children's products to be in both English and Chinese languages.


Prepared by

HO Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998


Appendix II(b)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 20 March 1998

Date of Tabling in Provisional LegCo: 25 March 1998
Amendment to be made by: 8 July 1998 (or 15 July 1998 if extended by resolution)

Public Health and Municipal Services Ordinance (Cap. 132)
Designation of Libraries (Urban Council Area) Order 1998 (L.N. 188)

This Order designates No. 702, 7/F., Tsz Wan Shan Shopping Centre, Kowloon as a library.

The effect of this Order is to vest the management and control of the Tsz Wan Shan Public Library in the Provisional Urban Council and thus enable the Provisional Urban Council to exercise its statutory functions in respect of this library under the Public Health and Municipal Services Ordinance (Cap. 132).

Public Health and Municipal Services Ordinance (Cap. 132)
Declaration of Markets in the Urban Council Area (Amendment) Declaration 1998 (L.N. 189)
Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1998 (L.N. 190)

By the two Orders, Tai Shing Street Temporary Market ceases to be designated as a public market. According to the Administration, it has been closed since 1 January 1998.

Banking Ordinance (Cap. 155)
Banking Ordinance (Declaration under Section 2(14)(d)) (No. 3) Notice 1997 (Amendment) Notice 1998(L.N. 191)

This Amendment Notice amends the Banking Ordinance (Declaration under Section 2(14)(d)) (No. 3) Notice 1997 (L.N. 617 of 1997) ("the Original Notice") so that the Original Notice shall expire on 26 June 1999.

The Original Notice declares the common stored value tickets issued by the Mass Transit Railway Corporation are not stored value cards for the purposes of the definition of "multi-purpose card" in the Banking Ordinance (Cap. 155). Under the Banking (Amendment) Ordinance 1997 (4 of 1997), no person shall issue or facilitate the issue of a multi-purpose card except an approved authorized institution. The effect of the Original Notice is to exempt the common stored value tickets from the approval requirements until 26 June 1998. The Amendment Notice extends this exemption for a period of one year.

Members may refer to the PLC Brief File Ref. G4/16C issued by the Financial Services Bureau dated 19 March 1998 for background information.

Interpretation and General Clauses Ordinance (Cap. 1)
Declaration of Change of Title (Secretary for Broadcasting, Culture and Sport) Notice 1998 (L.N. 192)

By this Notice, the title of the Secretary for Broadcasting, Culture and Sport is declared to be changed to the Secretary for Information Technology and Broadcasting. The Notice will come into operation on 9 April 1998.

Consequential amendments of reference of that title are made to specific enactments relating to broadcasting and generally to any instrument, contract or legal proceedings made or commenced before the date on which the Notice takes effect. Members may refer to PLC Brief File Ref. BCSB(CR) 1/1/128(98) issued by the Broadcasting, Culture and Sport Bureau dated 18 March 1998 for details of the proposed re-organisation.

Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998
Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69 of 1998) (Commencement) Notice 1998 (L.N. 193)

By this Notice, the Secretary for Economic Services appoints 20 March 1998 as the day on which the Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69 of 1998) shall come into operation.

The Notice amends the Schedules to the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) to include animals and plants listed in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. A person is required to hold a licence to import, export or possess any species listed.


Prepared by

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

Appendix II(c)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 27 March 1998

Date of Tabling in Provisional LegCo: 1 April 1998
Amendment to be made by: 8 July 1998 (15 July 1998 if extended by resolution)

Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1998
Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1998 (L.N. 96 of 1998) (Commencement) Notice 1998 (L.N. 196)

This Notice appoints 1 April 1998 as the day on which the amending regulation came into operation.

The amending regulation, gazetted on 20 February 1998, imposes -

  1. a more stringent vehicle design standard for emission of air pollutants for private cars equipped with a compression-ignition engine and first registered on or after 1 April 1998; and

  2. more stringent vehicle design standards for emission of air pollutants applicable to certain motor vehicles first registered on or after 1 October 1998.


Prepared by

CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix II(d)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 3 April 1998

Date of Tabling in Provisional LegCo:7 April 1998
Amendment to be made by: 8 July 1998 (or 15 July 1998 if extended by resolution)

Marriage and Children (Miscellaneous Amendments) Ordinance 1997
Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) (Commencement) Notice 1998 (L.N. 199)

By this Notice, the Secretary for Home Affairs appoints 3 April 1998 as the day on which sections 6, 14, part of 18, 30 and 34 of the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) shall come into operation. These provisions relate to the power of the court to make an order for the attachment of income of the defaulting maintenance payer. The remaining provisions of the Ordinance have come into operation on 4 July 1997.

The Attachment of Income Order Rules, published as Legal Notice No. 118 of 1998 and laid on the table of the Provisional Legislative Council on 25 February 1998, shall also come into operation on 3 April 1998. These Rules have been amended by a Resolution made and passed by the Provisional Legislative Council on 1 April 1998 and published as Legal Notice No. 197 of 1998.


Prepared by

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


Appendix III(a)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 9 April 1998

Date of Tabling in LegCo: 2 July 1998
Amendment to be made by:29 July 1998 (or the next meeting if extended by resolution)

Town Planning (Amendment) Ordinance 1998
Town Planning (Amendment) Ordinance 1998 (16 of 1998) (Commencement) Notice 1998 (L. N. 208)

This Notice appoints 14 April 1998 as the day on which the Town Planning (Amendment) Ordinance 1998 (16 of 1998) will come into operation.

The Ordinance amends the Town Planning Ordinance (Cap. 131) to -

  1. impose a statutory time limit of 9 months from the expiration of the 2 months' period exhibiting a drafting plan for the lay-out of any area of Hong Kong (or an additional 3 weeks if an amendment is made) within which the Town Planning Board ("the Board") is required to submit such draft plan, with or without amendments, and all objections thereto to the Chief Executive in Council for consideration;

  2. empower the Board to appoint committees to exercise certain powers of the Board in considering objections; and

  3. empower the Board to proceed with the meeting and deal with the objection where the objector or his authorized representative does not attend the meeting.

Members may wish to note that the Roads (Works, Use and Compensation) (Amendment) Ordinance 1998 (14 of 1998) and the Foreshore and Sea-bed (Reclamations) (Amendment) Ordinance 1998 (17 of 1998), which were studied by the same Bills Committee as the Town Planning (Amendment) Ordinance 1998, have come into operation on 3 April 1998.


Prepared by

Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(b)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 17 April 1998

Date of Tabling in LegCo: 2 July 1998
Amendment to be made by:29 July 1998 (or the next meeting if extended by resolution)

Coinage Ordinance (Cap. 454)
Coinage (Commemorative Gold Coin) Order 1998 (L. N. 209)

Under section 2 of the Coinage Ordinance (Cap. 454), the Chief Executive in Council may, by order, authorize the issue of coins with the design and of the denomination, composition, standard weight and remedy allowance specified in the order. The authorization has the effect of making the coin legal tender.

By this Order, the Chief Executive in Council authorizes the issue of the 1998 commemorative gold coin which has a face value of $ 1,000. The particulars of the coin and its design are specified in the Schedule to the Order.

Veterinary Surgeons Registration Ordinance
Veterinary Surgeons Registration Ordinance (96 of 1997) (Commencement) Notice 1998 (L. N. 210)

By this Notice, the Secretary for Economic Services appoints 17 April 1998 as the day on which section 25(1)(c), (d), (e), (f), (g), (i) and (j) of the Veterinary Surgeons Registration Ordinance shall come into operation. The relevant provisions create various offences in relation to fraudulent representations in the application for registration and unauthorized use of the title of registered veterinary surgeon.

The Ordinance was enacted on 29 June 1997. By L.N. 391 of 1997, certain parts of the Ordinance have already been in operation.


Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(c)

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

Date of Tabling in LegCo:2 July 1998
Amendment to be made by:29 July 1998 (or the next meeting if extended by resolution)

Coroners Ordinance (27 of 1997) (Commencement) Notice 1998 (L.N. 211)

This Notice specifies 4 May 1998 as the day on which the Coroners Ordinance (27 of 1997) ("the Ordinance") will come into operation. The object of the Ordinance is to repeal and replace the existing Coroners Ordinance (Cap. 14) in order to give effect to the majority of the recommendations contained in the Report on Coroners (Topic 14) issued by the Law Reform Commission of Hong Kong.

Housing (Amendment) (No. 2) Ordinance 1998 (27 of 1998) (Commencement) Notice 1998(L.N. 212)

This Notice specifies 24 April 1998 as the day on which the Housing (Amendment) (No. 2) Ordinance 1998 (24 of 1998) ("the Amendment Ordinance") came into operation. The main object of the Amendment Ordinance is to provide that the Housing Authority may require tenants to pay different rents based on their total household income or total household income and assets.

Legal Practitioners (Amendment) Ordinance 1998 (27 of 1998) (Commencement) Notice 1998 (L.N. 213)

This Notice specifies 24 April 1998 as the day on which section 7 of the Legal Practitioners (Amendment) Ordinance 1998 (27 of 1998) ("the Amendment Ordinance") came into operation. The main purpose of the Amendment Ordinance is to provide for the appointment in Hong Kong of notaries public. Section 7 of the Amendment Ordinance also provides for amendments to the Principal Ordinance consequent upon the bringing into operation of the Bankruptcy (Amendment) Ordinance 1996 (76 of 1996) on 1 April 1998, which affects the practice of a solicitor in the event of his bankruptcy.

Instead of synchronizing the commencement dates of the Amendment Ordinance and the Bankruptcy (Amendment) Ordinance 1996, it is noted that there is a time gap between the commencement dates of the 2 Amendment Ordinances. We have asked the Administration to comment on possible legal or practical difficulties that may arise from such gap.

The Administration's replies are summarised as follows :

  1. The Bankruptcy (Amendment) Ordinance 1996 failed to pick up the consequential amendments required to be made to the Legal Practitioners Ordinance. The need for such amendments were subsequently included in the Legal Practitioners (Amendment) Ordinance as the next most suitable vehicle.

  2. Despite the time gap between the commencement dates of the 2 Amendment Ordinances, the Official Receiver confirms that no solicitor has had a receiving or bankruptcy order made against him or entered into a voluntary arrangement during the time gap. The Administration is of the view that the time gap problem is only a theoretical one.

In the light of the factual situation that no solicitor has had a receiving or bankruptcy order made against him or entered into a voluntary arrangement during the time gap, we agree with the Administration that the problem is a theoretical one without causing any practical difficulties to the enforcement of the bankruptcy law in relation to a bankrupt solicitor during the material period.

Stamp Duty (Amendment) (No. 2) Ordinance 1998 (33 of 1998) (Commencement) Notice 1998 (L.N. 214)

This Notice specifies 1 May 1998 as the day on which sections 2, 3, 4, 6(a) and (b), 7, 8, 9, 10, 11(b) and 12 of the Stamp Duty (Amendment) (No. 2) Ordinance 1998 (33 of 1998) ("the Amendment Ordinance") will come into operation. The main purpose of the Amendment Ordinance is to amend the Stamp Duty Ordinance (Cap. 117) to give effect to the proposals in the 1998-99 Budget. Provisions which have not come into operation are related to rounding up payment of fraction of $1 as $1 and automation of stock borrowing and lending.


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(d)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 1 May 1998

Date of Tabling in LegCo:2 July 1998
Amendment to be made by:29 July 1998 (or the next meeting if extended by resolution)

Merchant Shipping (Safety) Ordinance (Cap. 369)
Merchant Shipping (Safety) (Safety Management) Regulation(L.N. 215)

This Regulation gives effect to the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization.

The Regulation introduces a system of certification to ensure that the Code is complied with by ships registered in Hong Kong and other ships while they are in Hong Kong waters.

Members may refer to PLC Brief ECON 2/3231/96(98)II issued by the Economic Services Bureau in May 1998 for more details.

Legal Practitioners Ordinance (Cap. 159)
Foreign Lawyers Registration (Fees) (Amendment) Rules 1998(L.N. 216)

These Rules increase the fee for the first registration of a new firm of foreign lawyers from $30,000 to $35,000 and the fee for the renewal of registration from $10,000 to $12,000.

The new fees has taken effect from 1 July 1998.

Shipping and Port Control Ordinance (Cap. 313)
Shipping and Port Control (Amendment) Regulation 1997 (L.N. 228 of 1997) (Commencement) (No.2) Notice 1998(L.N. 217)

This Notice re-appoints 4 May and 6 July 1998 as the commencement dates for the provisions of section 2 (relating to entry into restricted areas, etc.) of the amending regulation. It also appoints 6 July 1998 as the day on which section 5(a) (which repeals certain existing provisions relating to restricted areas, etc.) of the same is to come into operation.

Pharmacy and Poisons Ordinance (Cap. 138)
Pharmacy and Poisons (Amendment) Regulation 1998 (L.N. 130 of 1998) (Commencement) Notice 1998(L.N. 218)

This Notice appoints 1 May 1998 as the day on which the amending regulation came into operation. The amending regulation updates the First and Third Schedules (containing lists of substances for various purposes) to the principal regulations.

Poisons List Ordinance (Cap. 138)
Poisons List (Amendment) Regulation 1998 (L.N. 131 of 1998) (Commencement) Notice 1998(L.N. 219)

This Notice appoints 1 May 1998 as the day on which the amending regulation came into operation. The amending regulation updates the Schedule to the principal regulations by adding a total of 43 new substances.


Prepared by

CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(e)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 8 May 1998

Date of Tabling in LegCo: 2 July 1998
Amendment to be made by: 29 July 1998 (or the next meeting if extended by resolution)

Legal Practitioners Ordinance (Cap. 159)
Trainee Solicitors (Amendment) Rules 1998 (L.N. 220)

The Amendment Rules enable a trainee solicitor to apply for approval from The Law Society of Hong Kong that his secondment to a law firm in a jurisdiction outside Hong Kong is effective employment under his trainee solicitor contract. Under the original Trainee Solicitors Rules (Cap. 159 sub. leg.)("the Original Rules"), such approval could only be given in respect of secondment to a firm of solicitors in England or Wales.

The conditions for granting approval are similar to those in the Original Rules. Factors for consideration by the Society as to whether a firm is able to provide suitable training are now set out in the Amendment Rules. The Law Society has advised that all applications for secondment to solicitor firms in England or Wales received before 8 May 1998 have been processed.


Prepared by

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

Appendix III(f)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 15 May 1998

Date of Tabling in LegCo: 2 July 1998
Amendment to be made by: 29 July 1998 (or the next meeting if extended by resolution)

Pensions (Increase) Ordinance (Cap. 305)
Declaration of Increase in Pensions Notice 1998(L. N. 221)

This Notice is made by the Chief Executive in Council under section 4(1B) of the Pensions (Increase) Ordinance (Cap. 305). It declares that with effect from 1 April 1998, the basic pension provided under section 4(1A) of the Ordinance will be increased by 5.4%.

Widows and Orphans Pension (Increase) Ordinance (Cap. 205)
Widows and Orphans Pension (Increase) Notice 1998 (L. N. 222)

This Notice specifies that as from 1 April 1998, the increase in respect of pensions provided under the Widows and Orphans Pension (Increase) Ordinance (Cap. 205) is 5.4%.

Electricity Ordinance (Cap. 406)
Electricity (Amendment) Ordinance 1997 (12 of 1997) (Commencement) Notice 1998 (L. N. 223)

Under section 1(2) of the Electricity (Amendment) Ordinance 1997, the Secretary for Economic Services appoints 29 May 1998 as the day on which the Ordinance shall come into operation. The Amendment Ordinance seeks to improve the Electricity Ordinance (Cap. 406) to ensure effective and equitable enforcement of some provisions relating to electrical products in Hong Kong.

Electricity Ordinance (Cap. 406)
Electrical Products (Safety) Regulation (L.N. 187 of 1997) (Commencement) Notice 1998 (L. N. 224)

This Notice appoints 29 May 1998 as the day on which the Regulation (other than sections 2, 7, 8, 9 and 10 and Schedules 4 and 5) is to come into operation. The provisions relate mainly to safety requirements for prescribed electrical products.


Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(g)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 22 May 1998

Date of Tabling in LegCo:2 July 1998
Amendment to be made by:29 July 1998 (or the next meeting if extended by resolution)

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 1998 (L. N. 225)

This Order sets aside the place specified in Schedule 1 to the Order, namely, Hong Ning Road Park, as a public pleasure ground in the Urban Council area and provides that the places specified in Schedule 2 to the Order, namely, Possession Street Sitting-out Area and Fortune Street Playground, shall cease to be public pleasure grounds.

The effect of the Order is that the Public Health and Municipal Services Ordinance (Cap. 132) will apply to the new public pleasure ground.

Legal Practitioners Ordinance (Cap. 159)
Solicitors' Practice (Amendment) Rules 1998 (L. N. 226)
Legal Practitioners Ordinance (Cap. 159)
Solicitors' Practice (Amendment) (No. 2) Rules 1998 (L. N. 227)

L.N. 226 and L.N. 227, which are made by the Council of The Law Society of Hong Kong with the prior approval of the Chief Justice, amend the Solicitors' Practice Rules (Cap. 159 sub. leg.) ("the Rules") as follows :

  1. L.N. 226 amends rule 2B of the Rules to provide that particulars of a solicitors' firm to be stated on the letterheads of all letters issued in connection with the firm's practice will not apply to letters issued by electronic transmission; and

  2. L.N. 227 amends rule 5C of the Rules to provide that the upper limit of the consideration within which legal representation for both the vendor and the purchaser in conveyancing transactions is allowed will be increased from $250,000 to $1,000,000.

Road Traffic Ordinance (Cap. 374)
Road Traffic (Breath Analysing Instruments and Screening Devices) (Amendment) Notice 1998 (L. N. 228)

This Notice amends Schedule 2 to the Road Traffic (Breath Analysing Instruments and Screening Devices) Notice (Cap. 374 sub. leg.) by adding an approved screening device for the purpose of indicating whether the proportion of alcohol in a person's breath is likely to exceed the prescribed limit.

Crimes (Amendment) Ordinance 1997 (31 of 1997)
Crimes (Amendment) Ordinance (31 of 1997) (Commencement) Notice 1998 (L.N. 229)

This Notice specifies 22 May 1998 as the day on which the Crimes (Amendment) Ordinance 1997 (31 of 1997) will come into operation. The Amendment Ordinance increases the maximum term of imprisonment of certain sexual offences and offences relating to vice establishments as provided in the Crimes Ordinance (Cap. 200).

Occupational Safety and Health Ordinance (39 of 1997)
Occupational Safety and Health Ordinance (39 of 1997) (Commencement) Notice 1998 (L. N. 230)

This Notice specifies 1 June 1998 as the day on which the remaining provisions of the Occupational Safety and Health Ordinance (39 of 1997) that have not come into operation will come into operation. Those provisions relate to the responsibility of employers and occupiers of premises to ensure safety and health of employees or persons employed at the premises.

Other provisions of the Ordinance, which provide for the enforcement powers of the Commissioner for Labour and proceedings for offences under the Ordinance, have come into operation on 23 May 1997.

Road Traffic Ordinance (Cap. 374)
Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 1998 (L.N. 65 of 1998) (Commencement) Notice 1998 (L. N. 231)

Road Traffic Ordinance (Cap. 374)
Road Traffic (Public Service Vehicles) (Amendment) (No. 7) Regulation 1997 (L.N. 512 of 1997) (Commencement) Notice 1998 (L. N. 232)

In view of the opening of the Tai Lam Tunnel to traffic on 25 May 1998, the Secretary for Transport has appointed 25 May 1998 as the day on which certain provisions of the Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 1998 (L.N. 65 of 1998) and the Road Traffic (Public Service Vehicles) (Amendment) (No. 7) Regulation 1997 (L.N. 512 of 1997) will come into operation.

The effect of those provisions is that New Territories taxis will be allowed to use the Tai Lam Tunnel with effect from 25 May 1998 and all taxi passengers using the Tai Lam Tunnel will have to pay an additional fare of $15 (being the toll charge for taxis using the tunnel) from the same date.


Prepared by

Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(h)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 29 May 1998

Date of Tabling in LegCo :2 July 1998

Amendment to be made by : 29 July 1998 (or the next meeting if extended by resolution)

Tax Reserve Certificates (Fourth Series) Rules (Cap. 289 sub. leg.)
Tax Reserve Certificates (Rate of Interest) (No. 2) Notice 1998 (L.N. 233)

This Notice fixes at 8.28% per annum the rate of interest payable on tax reserve certificates issued on or after 1 June 1998.

Fire Safety (Commercial Premises) (Amendment) Ordinance 1998
Fire Safety (Commercial Premises) (Amendment) Ordinance 1998 (15 of 1998) (Commencement) Notice 1998 (L.N. 234)

This Notice specifies 1 June 1998 as the day on which the Fire Safety (Commercial Premises) (Amendment) Ordinance (15 of 1998) ("the Amendment Ordinance") came into operation.

The main purpose of the Amendment Ordinance is to extend the application of the Principal Ordinance to specified commercial buildings as listed in new Schedule 4 to the Principal Ordinance.

Prevention of Copyright Piracy Ordinance
Prevention of Copyright Piracy Ordinance (22 of 1998) (Commencement) Notice 1998 (L.N. 235)

This Notice specifies -

  1. 29 May 1998 as the day on which the Prevention of Copyright Piracy Ordinance (22 of 1998) ("the Ordinance") (other than sections 21 and 22); and

  2. 29 August 1998 as the day on which sections 21 and 22 relating to offences for manufacturing optical discs without licence and applying false manufacturer's code,

will come into operation.

The Ordinance seeks to introduce a licensing scheme for the manufacture of optical discs in Hong Kong and to require optical discs produced in Hong Kong (but not on imported ones) to be permanently embossed or marked with a code indicating their source of manufacture. Sections 21 and 22 will come into operation three months later so as to give a grace period to the optical disc manufacturers to apply for licences and comply with the source identification coding requirement.

Fugitive Offenders (Singapore) Order
Fugitive Offenders (Singapore) Order (L.N. 594 of 1997) (Commencement) Notice 1998 (L.N. 236)

This Notice specifies 11 June 1998 as the day on which the Fugitive Offenders (Singapore) Order (L.N. 594 of 1997) ("the Order") will 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 the Republic of Singapore.

Stamp Duty (Amendment) (No. 2) Ordinance 1998
Stamp Duty (Amendment) (No. 2) Ordinance 1998 (33 of 1998) (Commencement) (No. 2) Notice 1998 (L.N. 237)

This Notice specifies 1 July 1998 as the day on which sections 5 and 11(a) of the Stamp Duty (Amendment) (No. 2) Ordinance 1998 (33 of 1998) ("the Amendment Ordinance") will come into operation.

The main purpose of the Amendment Ordinance is to amend the Stamp Duty Ordinance (Cap. 117) to give effect to the proposals in the 1998-99 Budget. Sections 5 and 11(a) are related to rounding up payment of fraction of $1 as $1 and automation of stock borrowing and lending. The other provisions of the Amendment Ordinance have already come into operation on 1 May 1998.


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

subleg\29may98

Appendix III(i)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 5 June 1998

Date of Tabling in LegCo :2 July 1998

Amendment to be made by :29 July 1998 (or the next meeting if extended by resolution)

Public Bus Services Ordinance (Cap. 230)
Schedule of Routes (New World First Bus Services Limited) Order 1998 (L.N. 238)

This Order specifies the 59 Hong Kong Island bus routes and 29 cross harbour bus routes to be operated by the New World First Bus Services Limited.

The Order will come into operation on 1 September 1998.

Prevention of Bribery Ordinance (Cap. 201)
Prevention of Bribery Ordinance (Amendment of Schedule) (No. 2) Order 1998 (L.N. 239)

This Order amends the Schedule to the Prevention of Bribery Ordinance (Cap. 201) ("the Ordinance") to specify the New World First Bus Services Limited as a public body under the Ordinance. The legal effect of which is to apply certain provisions of the Ordinance to govern those public bodies and their employees.

The Order will come into operation on 1 September 1998.


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

subleg\5june98

Appendix III(j)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 12 June 1998

Date of Tabling in LegCo :2 July 1998

Amendment to be made by :29 July 1998 (or the next meeting if extended by resolution)

Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap.434)
Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Rate of Interest) Order 1998 (L.N. 240)

This Order prescribes 9.91% as the new rate of interest to be applied to a limitation fund constituted under Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976, as set out under Schedule 2 to the principal ordinance.

Airport Authority Ordinance (Cap. 483)
Airport Authority Bylaw (L.N. 10 of 1998) (Commencement) (No. 2) Notice 1998 (L.N. 241)

This Notice appoints 15 and 19 June 1998 as the days on which :-

  1. section 11 (Restricted Area) and Part VIII (Airside Traffic); and

  2. the remaining provisions that have not yet commenced operation

of the Airport Authority Bylaw came into operation respectively.

The Bylaw regulates activities within the new airport at Chek Lap Kok.

Prepared by

CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(k)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 19 June 1998

Date of Tabling in LegCo :2 July 1998

Amendment to be made by :29 July 1998 (or the next meeting if extended by resolution)

Interpretation and General Clauses Ordinance (Cap. 1)
Declaration of Change of Titles (District Office, District Officer and Assistant District Officer) Notice 1998 (L.N. 242)

This Notice, which will be deemed to have come into operation on 1 July 1997, declares a change
in the Chinese titles of the District Offices to and the District Officers and the
Assistant District Officers to and
respectively, and amends references to those Chinese titles wherever occurring in any instrument,
contract or legal proceedings made or commenced before 1 July 1997.

The change is consequential upon the change of the Chinese title of the Home Affairs Department
from to with effect from 1 July 1997 (L.N. 362 of 1997
refers).

Mass Transit Railway Corporation Ordinance (Cap. 270)
Mass Transit Railway (Transport Interchange) (Deposit of Plans) Notice (L.N. 243)

The purpose of this Notice is to publish the fact that the plans which delineate the boundaries of the transport interchanges at the Tsing Yi Station, Kowloon Station and Hong Kong Station have been deposited by the Commissioner for Transport ("the Commissioner") in the Land Registry under the Mass Transit Railway Corporation Ordinance (Cap. 270). Those plans have been prepared by the Mass Transit Railway Corporation with the agreement of the Commissioner.

The effect of this Notice is that the Mass Transit Railway (Transport Interchange) Regulation (L.N. 89 of 1998) will apply to the 3 transport interchanges.

Mass Transit Railway (Transport Interchange) Regulation (L.N. 89 of 1998)
Mass Transit Railway (Transport Interchange) (Designation of Car Park) Notice (L.N. 244)

This Notice designates various places within the transport interchanges at the Tsing Yi Station, Kowloon Station and Hong Kong Station as car parks under the Mass Transit Railway (Transport Interchange) Regulation (L.N. 89 of 1998).

This Notice will come into operation on 6 July 1998.

Mass Transit Railway (Transport Interchange) Regulation (L.N. 89 of 1998)
Mass Transit Railway (Transport Interchange) (Designation of Prohibited and Restricted Zones) Notice (L.N. 245)

The purpose of this Notice is to publish the fact that various places within the Tsing Yi Station, Kowloon Station and Hong Kong Station transport interchanges have been designated as prohibited and restricted zones with the prior approval of the Commissioner for Transport under the Mass Transit Railway (Transport Interchange) Regulation (L.N. 89 of 1998).

The effect of this Notice is that : (1) certain vehicles or class of vehicles are prohibited from driving into or within the prohibited zones 24 hours daily and (2) drivers of all vehicles except franchised buses at designated bus stops or those vehicles issued with permits by the Mass Transit Railway Corporation are prohibited from picking up or setting down passengers or loading or unloading luggage or goods on any road within the restricted zones 24 hours daily.

The designation in respect of certain places as prohibited and restricted zones will become effective on 22 June 1998 when the Tung Chung Line of the Airport Railway is open for use. The designation in respect of other places will become effective when the Airport Express Line starts to operate on 6 July 1998.

Occupational Safety and Health Regulation (L.N. 332 of 1997)
Occupational Safety and Health Regulation (L.N. 332 of 1997) (Commencement) Notice 1998 (L.N. 246)

This Notice specifies 1 July 1998 as the day on which the provisions of the Occupational Safety and Health Regulation (L.N. 332 of 1997) that have not come into operation will come into operation. Those provisions impose on employers and on occupiers of premises requirements with respect to manual handling operations undertaken at workplaces that are under their control and impose certain responsibilities on employees who undertake manual handling operations which may create safety and health risks. Other provisions of the Regulation which deal with general safety and health measures at workplaces have come into operation on 1 January 1998.

Aviation Security Regulation (L.N. 622 of 1997)
Aviation Security Regulation (L.N. 622 of 1997) (Commencement) Notice 1998 (L.N. 247)

This Notice specifies 22 June 1998 as the day on which the Aviation Security Regulation (L.N. 622 of 1997) will come into operation. The Regulation contains provisions which govern the conduct of individuals and vehicles at a restricted area designated by the Aviation Security Authority under the Aviation Security Ordinance (Cap. 494).

Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 1998 (L.N. 65 of 1998)
Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 1998 (L.N. 65 of 1998) (Commencement) (No. 2) Notice 1998 (L.N. 248)

In view of the operation of the Tung Chung Line of the Airport Railway on 22 June 1998 and the opening of the new airport on 6 July 1998, the Secretary for Transport has appointed 22 June 1998 and 6 July 1998 as the days on which the provisions of the Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 1998 (L.N. 65 of 1998) that have not come into operation will come into operation.

The effect of those provisions is that New Territories taxis will be allowed to serve the Tsing Yi Station of the Airport Railway and the Air Passenger Terminal of the new airport with effect from 22 June 1998 and 6 July 1998 respectively.

Prepared by

Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
2 July 1998

Appendix III(l)

Legal Service Division Report on
Subsidiary Legislation Gazetted on 26 June 1998

Date of Tabling in LegCo :2 July 1998

Amendment to be made by :29 July 1998 (or the next meeting if extended by resolution)

Quarantine and Prevention of Disease Ordinance (Cap. 141)
Quarantine and Prevention of Disease Ordinance (Declaration under Section 2(1)) Notice 1998 (L.N. 250)

This Notice declares the Hong Kong International Airport at Chek Lap Kok to be, on and from 1 July 1998, an authorized aerodrome on which aircraft may make their first landing on entering Hong Kong and which they may make their place of departure on leaving Hong Kong.

Waste Disposal Ordinance (Cap. 354)
Waste Disposal (Refuse Transfer Station) (Amendment) Regulation 1998 (L.N. 251)

The purpose of this Amendment Regulation is to add the North Lantau Transfer Station as a refuse transfer station to which the Waste Disposal (Refuse Transfer Station) Regulation applies. That Regulation provides a basis for registering and charging private waste collectors who use refuse transfer stations for disposal of waste.

Members may refer to Provisional Legislative Council Brief File Ref.: PELB(E) 55/03/128 issued by the Planning, Environment and Lands Bureau dated 26 June 1998 for background information.

Legal Practitioners Ordinance (Cap. 159)
Accountant's Report (Amendment) Rules 1998 (L.N. 252)
Solicitors' Practice (Amendment) (No. 3) Rules 1998 (L.N. 253)

L.N. 252 amends the address of The Law Society of Hong Kong in the form of accountant's report consequential to the relocation of The Law Society of Hong Kong.

L.N. 253 requires the principals of a newly established solicitors' firm to advise The Law Society of Hong Kong in writing whether they and the solicitors are engaged by the firm full-time or part-time.

Shipping and Port Control Ordinance (Cap. 313)
Shipping and Port Control (Closure of Waters) Notice 1998 (L.N. 254)

By this Notice, the areas of the waters of Hong Kong being the seaward extension of the Hong Kong Convention and Exhibition Centre and the waters off the southeast seawall of the Harbour View Plaza Hotel shall be closed to specified class of vessel for the whole of the period between 6.00 a.m. on 30 June 1998 and 11.59 p.m. on 3 July 1998.

Quarantine and Prevention of Disease Ordinance (Cap. 141)
Quarantine and Prevention of Disease Ordinance (Sanitary Aerodrome) Declaration 1998 (L.N. 255)

By this Declaration, the Director of Health declares the Hong Kong International Airport at Chek Lap Kok to be a sanitary aerodrome on and from 1 July 1998, having been satisfied that it will at all times have at its disposal all the facilities specified in the definition of "sanitary aerodrome" in section 2(1) of the Quarantine and Prevention of Disease Ordinance (Cap. 141).

The Chinese University of Hong Kong Ordinance (Cap. 1109)
Statutes of the Chinese University of Hong Kong (Amendment) Statute 1998 (L.N. 256)

This Statute provides that the Council of The Chinese University of Hong Kong may transact business by circulation of papers and resolutions in writing.

Schedule of Routes (North Lantau and Chek Lap Kok Airport (Citybus Limited) Order 1996 (L.N. 439 of 1996)
Schedule of Routes (North Lantau and Chek Lap Kok Airport) (Citybus Limited) Order 1996 (L.N. 439 of 1996) (Commencement) Notice 1998 (L.N. 257)

Schedule of Routes (Long Win Holdings Limited) Order 1996 (L.N. 440 of 1996)
Schedule of Routes (Long Win Holdings Limited) Order 1996 (L.N. 440 of 1996) (Commencement) Notice 1998 (L.N. 258)

By these two Notices, the Commissioner for Transport appoints 6 July 1998 as the day on which the respective Orders (other than Part I of the Schedule to each Order) shall come into operation.

The two Orders specify the bus routes to be operated respectively by Citybus Limited and Long Win Holdings Limited for north Lantau and the new airport at Chek Lap Kok. The bus routes contained in Part I of the Schedule to each Order have come into operation on 1 June 1997.

Veterinary Surgeons Registration Ordinance (96 of 1997)
Veterinary Surgeons Registration Ordinance (96 of 1997) (Commencement) (No. 2) Notice 1998 (L.N. 259)

By this Notice, the Secretary for Economic Services appoints 26 June 1998 as the day on which Parts IV, V, VI and sections 25(1)(a) and (b), 25(2) and 26 of the Veterinary Surgeons Registration Ordinance shall come into operation. These provisions relate to disciplinary proceedings, appeals, use of title, evidence and certain offences in relation to an inquiry committee.

The remaining provisions of the Ordinance (other than sections 16 and 25(1)(h)) have come into operation on 14 July 1997 and 17 April 1998. Section 16 prohibits a person to practise as a veterinary surgeon or provide a veterinary service unless he is registered and is a holder of a valid practising certificate. Section 25(1)(h) creates an offence if section 16 is contravened.

Prepared by

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

subleg\26june98