PLC Paper No. LS 100


Paper for the House Committee Meeting
of the Provisional Legislative Council
on 13 February 1998

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

Date of Tabling in Provisional LegCo : 11 February 1998
Amendment to be made by : 11 March 1997 (or 18 March 1998
if extended by resolution)

Telecommunication Ordinance (Cap. 106)
Telecommunication (Amendment) Regulation 1998 (L.N. 52)

The Amendment Regulation introduces a new licence known as the Public Radiocommunication Service Licence (for services other than land mobile services). It is part of a series of arrangements for the surrender of licence with exclusive rights for certain external circuits and telephone services by the Hong Kong Telecom International Limited (HKTI). Members may refer to the PLC Brief and a Supplementary Brief respectively dated 20 January 1998 and 27 January 1998 both issued by the Economic Services Bureau for background information and details of the said arrangements. The policy has been discussed at the joint meeting of the Economic Services Panel and the Information Policy Panel on 9 February 1998.

The new licence would enable HKTI to continue to provide aeronautical and maritime mobile services after the surrender of its existing licence. It is modelled on the Public Radiocommunication Service Licence and is valid for 10 years, subject to an extension for a further period of up to 3 years. According to the Brief, the annual fees have been set to cover the costs of the Office of the Telecommunications Authority Trading Fund.

Air Navigation (Hong Kong) Order 1995 (L.N. 561 of 1995)
Hong Kong Air Navigation (Fees) (Amendment) Regulation 1998 (L.N. 53)

The Amendment Regulation revises the maximum fee payable for the issue of an aerodrome licence. The licence fee shall be an amount equal to the costs of the investigations required by the Chief Executive into the adequacy of the operational and safety facilities provided. The licence will remain in force for one year and the revised fee will take effect on 20 March 1998.

Members may refer to PLC Brief File Ref. Econ 19/3231/30(97)IV issued by the Economic Services Bureau on 26 January 1998 for background information, in particular Annex B for cost computation. Unlike the Kai Tak Airport which is a government aerodrome, the Chep Lap Kok Airport is run by the Airport Authority and must be licensed under the Air Navigation (Hong Kong) Order 1995.

Port Control (Cargo Working Areas) Ordinance (Cap. 81)
Port Control (Public Cargo Working Area) Order 1998 (L.N. 54)
Port Control (Public Cargo Working Area) (No. 2) Order 1998 (L.N. 55)
Port Control (Public Cargo Working Area) (No. 3) Order 1998 (L.N. 56)
Port Control (Public Cargo Working Area) (No. 4) Order 1998 (L.N. 57)
Port Control (Public Cargo Working Area) (No. 5) Order 1998 (L.N. 58)
Port Control (Public Cargo Working Area) (No. 6) Order 1998 (L.N. 59)
Port Control (Public Cargo Working Area) (No. 7) Order 1998 (L.N. 60)
Port Control (Public Cargo Working Area) (No. 8) Order 1998 (L.N. 61)
Port Control (Public Cargo Working Area) (No. 9) Order 1998 (L.N. 62)

These nine Orders repeal earlier Orders in respect of ten public cargo working areas and declare new boundaries for eight of such working areas. All of the Orders have come into operation on 1 February 1998.

Section 5 of the Port Control (Cargo Working Areas) Ordinance empowers the Director of Marine to seize, sell or otherwise dispose of any cargo or cargo container that is, in his opinion, left or abandoned in such working area. Furthermore, every public cargo working area shall be a public place for the purposes of the Summary Offences Ordinance (Cap. 228).

Immigration (Amendment) (No. 2) Regulation 1997 (L.N. 593 of 1997)
Immigration (Amendment) (No. 2) Regulation 1997 (L.N. 593 of 1997) (Commencement) Notice 1998 (L.N. 63)

By this Notice, the Secretary for Security appoints 27 January 1998 as the day on which the Regulation shall come into operation.

The Regulation provides for the issue of :

  1. APEC business travel cards to enable Hong Kong residents to go without a visa to places which are members of the Asia Pacific Economic Co-operation; and

  2. travel passes to frequent visitors to Hong Kong.


Prepared by

Wong Sze-man, Bernice

Assistant Legal Adviser

Provisional Legislative Council Secretariat
11 February 1998