PLC Paper No. LS 107
Paper for the House Committee Meeting
of the Provisional Legislative Council
on 20 February 1998
Legal Service Division Report on
Subsidiary Legislation Gazetted on 13 February 1998
|Date of Tabling in Provisional LegCo || :||18 February 1998
| Amendment to be made by || : ||18 March 1998 (or 25 March 1998 if extended by resolution) |
Airport Authority Ordinance (Cap. 483)
Airport Authority (Automated People Mover) (Safety) Regulation (L.N. 74)
The Regulation provides for the safe and proper maintenance of the Automated People Mover ("APM") at the new airport. The APM is a driverless transit system consisting of trains for carrying passengers between stations within the Airport. Although the APM serves as a passenger conveyance facility to support the operation of the new airport rather than as a mode of public transport like the railways operated by the Mass Transit Railway Corporation ("MTRC") or the Kowloon-Canton Railway Corporation ("KCRC"), the operation of the APM is similar to that of a railway in many respects. Hence, the Regulation contains provisions similar to those in the MTRC Ordinance (Cap. 270) and the KCRC Ordinance (Cap. 372) and their subsidiary legislation insofar as they relate to safety matters.
Under the Regulation, the Chief Executive may in writing appoint any person to be an inspector who is empowered to enter the automated people mover premises and premises of contractor who is carrying out or has carried out work on the APM; conduct tests or inspection on such premises, or on any plant and equipment on those premises; conduct tests and inspections on trains and other maintenance vehicles running on the track; require employees of the Airport Authority and employees of contractors to assist in the tests and inspection and furnish any necessary information and documents; and to summon witnesses for the purpose of investigating accidents.
The Regulation also seeks to ensure the safe operation of the APM by:
- requiring the Authority to give notice to the Secretary for Transport of every accident and occurrence on the APM and empowering the Secretary to direct an inspector to investigate the accident or occurrence;
- requiring the Authority to issue, and prepare manuals of instructions setting out the practices and procedures to be observed to ensure the safe operation of the APM;
- ensuring that every person who is engaged in the operation of the APM is made fully aware of the functions and duties imposed on him by the manuals of instructions; and
- making it an offence in circumstances where a person wilfully does or omits to do anything in relation to the APM thereby endangering the safety of any person travelling or being upon the APM. The maximum penalty for such an offence is a fine at level 4 ($25,000) and imprisonment for 6 months.
Members may refer to PLC Brief Reference : TRAN 2/13/47 Pt. 3 dated 10 February 1998 issued by the Transport Bureau for background information.
Road Traffic Ordinance (Cap. 374)
Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulation 1998 (L. N. 75)
This Regulation amends Schedule 5 to the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg.) to increase with effect from 1 June 1998 the fares for hiring taxis licensed to operate in Hong Kong and Kowloon from $14.50 for the first 2 kilometres to $15.00 and from $1.30 for every 200 metres to $1.40. Taxi fares were last revised in April 1997.
According to PLC Brief Reference: TBCR 3/5591/71 dated 10 February 1998 issued by the Transport Bureau, the proposed increase is intended to cover the operating costs of urban taxis which are forecast to increase by 5.4% since the date of the last increase.
Mass Transit Railway Corporation Ordinance (Cap. 270)
Mass Transit Railway (Transport Interchange) Regulation (L. N. 89)
This Regulation together with the Mass Transit Railway Corporation (Amendment)
Ordinance 1998 (1 of 1998) and the Mass Transit Railway (Transport Interchange) Bylaw provide the legal framework for the operation and control of transport interchanges for the railway.
The Regulation, provides for, inter alia, the following matters :
- requiring the Mass Transit Railway Corporation ("the Corporation") to provide roads and transport facilities for transport interchanges and giving the Corporation the requisite powers to perform its functions under the Regulation;
- empowering the Commissioner for Transport to exercise control over the operation of transport interchanges by requiring the Corporation to obtain the prior approval of the Commissioner before the Corporation may erect or display or place any prescribed traffic signs, prescribed light signals, or prescribed road markings; designate areas within a transport interchange as parking spaces, car parks, taxi ranks, bus stops, public light bus stands, prohibited zones and restricted zones ; and
- empowering the Commissioner for Transport to give directions to the Corporation with which the Corporation shall comply, failing which the Commissioner can take the appropriate action and recover the costs therefor from the Corporation.
Member may refer to PLC Brief Reference : TBCR 53/5/581/87 issued by the Transport Bureau in February 1998 for background information.
Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474)
Tai Lam Tunnel and Yuen Long Approach Road Regulation (L. N. 90)
This Regulation sets out the duties and powers of the Route 3 (CPS) Company Limited ("the Company") in relation to the passage of motor vehicles through, and the safety of persons in, the Tai Lam Tunnel and Yuen Long Approach Road ("the toll area").
Under the Regulation, the Company has the obligations to provide in the toll area adequate traffic signs, light signals and road markings, a control centre, telecommunication links, emergency communication system and power systems, service vehicles, equipment to measure certain gases, fire extinguishing equipment, illumination and ventilation, and first aid equipment.
The Regulation also sets out the power of a toll area control officer to stop vehicles and to search vehicles for the purpose of preventing or detecting any contravention of bylaws made under the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474). Any person who fails to comply with any order, signal or requirement given or made by a toll area control officer, or who obstructs or interferes with a toll area control officer in performing his duties under the Regulation commits an offence and is liable to a fine at level 2 ($5,000) and to imprisonment for 6 months.
The Regulation is similar to the Eastern Harbour Crossing Road Tunnel Regulations (Cap. 215 sub. leg.), the Tates Cairn Tunnel Regulations (Cap. 393 sub. leg.) and the Western Harbour Crossing Regulation (Cap. 436 sub. leg.). Members may refer to PLC Brief Reference : TBCR 7/3/5591/91 issued by the Transport Bureau in February 1998 for background information.
Hong Kong Special Administrative Region Passports Ordinance (127 of 1997)
Hong Kong Special Administrative Region Passports (Appeal Board) Regulation (L. N. 91)
This Regulation, which is made under the Hong Kong Special Administrative Region Passports Ordinance (127 of 1997) ("the Ordinance"), provides for the establishment and operation of an appeal mechanism to deal with appeals against the decisions of the Director of Immigration in respect of the issue, validity, amendment and cancellation of HKSAR passports made under the Ordinance.
The Regulation provides for, inter alia, the following matters :
- the establishment of the Hong Kong Special Administrative Region Appeal Board;
- the appointment of suitably qualified persons by the Secretary for Security to serve as members of the Appeal Board;
- each Appeal Board to consist of a Chairman or Deputy Chairman appointed from among persons who are qualified for appointment as District Judges and two members selected from the panel of suitably qualified persons appointed by the Secretary for Security;
- the procedures for lodging and hearing of appeals; and
- power of the Appeal Board to confirm the decision under appeal, dismiss the appeal; or direct the Director of Immigration to reverse, vary or substitute the decision under appeal and to give reasons in writing for its decisions.
The Regulation would come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette. However, section 25 of the Regulation preserves a right of appeal against decisions of the Director of Immigration made before the commencement of this Regulation.
For Members information, the practice and procedures on appeals to the Appeal Board under the Regulation are similar to those applicable to appeals to the Immigration Tribunal under the Immigration Ordinance (Cap. 115) and the Registration of Persons Tribunal under the Registration of Persons Ordinance (Cap. 177).
Members may also refer to PLC Brief (no reference number provided) dated 12 February 1998 issued by the Security Bureau for background information. At the meeting of the PLC Panel on Security held on 22 January 1998, the Administration briefed members on the proposed appeal mechanism.
Banking Ordinance (Cap. 155)
Banking Ordinance (Declaration Under Section 2(14)(b)) Notice 1998 (L.N. 92)
This Notice declares that a person who carries on a business of leveraged foreign exchange trading in Hong Kong and licensed under section 7(1) of the Leveraged Foreign Exchange Trading Ordinance (Cap. 451) as a leveraged foreign exchange trader is not a money broker for the purposes of the Banking Ordinance (Cap. 155).
The effect of this Notice is to ensure that the provisions of the Banking Ordinance (Cap. 155) applicable to money broker do not apply to a leveraged foreign exchange trader licensed by the Securities and Futures Commission ("SFC"). This would avoid dual supervision by the SFC and the Hong Kong Monetary Authority ("HKMA") of licensed leveraged foreign exchange traders whose activities, such as acting as agent for making swap deposits, may be caught by the definition of "money broker" under the Banking Ordinance which requires the approval of the HKMA.
This Notice would come into operation on 1 April 1998. Members may refer to PLC Brief (no reference number provided) dated 12 February 1998 issued by the Financial Services Bureau for background information.
Fung Sau-kuen, Connie
Assistant Legal Adviser
Provisional Legislative Council Secretariat
17 February 1998