Legislative Council

LC Paper No. LS 108/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 5 February 1999

Legal Service Division Report on
Subsidiary Legislation Gazetted on 29 January 1999

Date of Tabling in LegCo : 3 February 1999

Amendment to be made by : 3 March 1999 (or 10 March 1999 if extended by resolution)

Probation of Offenders Ordinance (Cap. 298)
Probation of Offenders (Approved Institution) (Consolidation) (Amendment) Order 1999 (L.N. 25)

Under section 11 of the Probation of Offenders Ordinance (Cap. 298), the Chief Executive may by order approve premises for the reception of persons who are under probation orders. This Order amends the Schedule to the Probation of Offenders (Approved Institution) (Consolidation) Order (Cap. 298 sub. leg.) by -

  1. adding the new Shatin Boys' Home as an approved institution in the Schedule as from 1 February 1999; and.

  2. removing the Begonia Road Boys Home, the Ma Tau Wei Girls' Home, Pui Chi Boys' Home and O Pui Shan Boys' Home from the Schedule as from 4 February 1999.

This Order is to give effect to part of a reprovisioning and service rationalisation exercise of the Social Welfare Department with the opening of the Shatin Boys' Home. Members may refer to Legislative Council Brief (File ref.: HW W 11/14 Pt 1 98) issued by the Health and Welfare Bureau in January 1999 for further details.

Travel Agents Ordinance (Cap. 218)
Travel Industry Compensation Fund (Procedure for Ex gratia Payments) (Amendment) Rules 1999 (L.N. 26)

Members may recall that under L.N. 394 of 1998, the above Rules were amended to allow not more than two relatives or a former spouse of a deceased outbound traveller residing outside Hong Kong to claim for expenses reasonably incurred in visiting Hong Kong for a purpose connected with the traveller's death. We had raised queries with the Administration that consequential amendment should be made to the relevant form. The Administration had agreed to do so and these Rules now amend such application form prescribed in the Rules.

Employees Retraining Ordinance (Cap. 423)
Employees Retraining Ordinance (Amendment of Schedule 2) Notice 1999 (L.N. 27)

Under section 31(2) of the Employees Retraining Ordinance (Cap. 423), the Employees Retraining Board may amend Schedule 2 which is a Schedule of training bodies that are capable of providing or conducting retraining courses for the purpose of the Ordinance. This Notice adds 3 further organizations, i.e. The Hong Kong Management Association, The Federation of Hong Kong Industries and Sheng Kung Hui Diocesan Welfare Council to the list of training bodies.

Tax Reserve Certificates (Fourth Series) Rules (Cap. 289 sub. leg.)
Tax Reserve Certificates (Rate of Interest) Notice 1999 (L.N. 28)

This Notice fixes at 5.4583% per annum the rate of interest payable on tax reserve certificates issued on or after 1 February 1999.

Mental Health Ordinance (Cap. 136)
Mental Health (Amendment) Ordinance 1997 (81 of 1997) (Commencement) Notice 1999 (L. N. 29)
Mental Health (Specification of Special Treatment Notice 1998 (Cap. 136 sub. leg.) (Commencement) Notice 1999 (L.N. 30)
Mental Health Review Tribunal (Amendment) Rules 1998 (LN. 100 of 1998) (Commencement) Notice 1999 (L.N. 31)
Mental Health (Guardianship) (Amendment) Regulation 1998 (L.N. 99 of 1998) (Commencement) Notice 1999 (L.N. 32)
Mental Health Guardianship Board Rules (Cap. 136 sub. leg.) (Commencement) Notice 1999 (L.N. 33)

The Mental Health (Amendment) Ordinance 1997 enacted in June 1997 aims to amend and consolidate the law relating to mental incapacity and the care and supervision of mentally incapacitated persons. Section 1(2) of the Amendment Ordinance provides that the Ordinance shall come into operation on a day to be appointed by the Secretary for Health and Welfare by notice in the Gazette.

To provide for a set of operational rules, the Administration published the above 4 items of subsidiary legislation as L.N.s 97 to 100 of 1997 in February 1998. A Subcommittee was formed to scrutinize the subsidiary legislation and Members recommended that the subsidiary legislation be supported (Please refer to PLC Paper No. CB(2) 1233).

By these Notices, the Secretary for Health and Welfare appoints 1 February 1999 as the day on which the 4 items of subsidiary legislation as well as the remaining provisions of the Ordinance that have not come into operation shall come into operation. (Sections 55(1)(a), 59(1) (as affects item 3(b) of Schedule 2) and item 3(b) of Schedule 2 of the Ordinance had already come into operation on 15 August 1997 (see L.N. 412 of 1997)).

Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
1 February 1999