PLC Paper No. LS 24
Paper for the
House Committee Meeting
of the Provisional Legislative Council on
12 September 1997
Legal Service Division Report on
i) a motion under section 31 of the Births and Deaths Registration Ordinance (Cap 174) and
ii) a motion under section 3(4) of the Legitimacy Ordinance (Cap. 184)
The Secretary for Security has given notice to move the above motions at the PLC meeting on 24 September 1997. The two motions propose increase in fees collected by the Immigration Department under the Births and Deaths Registration Ordinance and the Legitimacy Ordinance.
2. The fee increases are intended to achieve full cost recovery in respect of the services rendered. The fees affected include fees prescribed under the Births and Deaths Registration Ordinance for -
- late registration of birth under section 9;
- registration of name of child or of alteration of name under section 13;
- for searches on entries and certified copies under section 22;
- for a shortened form of birth certificate under section 23; and
- correction of errors in register under section 27.
The increases are about 15% and, in dollar terms, range from $10 to $90. All the increases will take effect from 31 October 1997.
3. The fees which will be increased under the Legitimacy Ordinance are the fees for the re-registration of the birth of a legitimated person and for a certified copy of an entry of the birth of a re-registered legitimated person. The increases will be from $295 to $340 and from $120 to $140 respectively. The effective date will also be 31 October 1997.
4. Under the two Ordinances, the legislature may by resolution vary the amount of the respective fees. The two draft resolutions are legally in order.
5. Other fees collected by the Immigration Department will also be increased in the same exercise. These other increases will be effected other than by resolution of the Council (reported separately under L.N. 432 - 437 in PLC Paper No. LS 25). Members may refer to PLC Brief SBCR 3/3231/66 Pt. 17 issued by the Security Bureau and dated 3 September 1997 for details on cost computation, summary of existing and proposed fees and other background information in respect of all the increases.
CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Provisional Legislative Council Secretariat
8 September 1997