LC Paper No. LS 236/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 9 July 1999
Legal Service Division Report on
Subsidiary Legislation Gazetted on 2 July 1999
Human Organ Transplant Ordinance (Cap. 465)
|Date of Tabling in LegCo
||14 July 1999
|Amendment to be made by
||the second sitting in the next session (or the third sitting if extended by resolution)
Human Organ Transplant (Amendment) (No. 2) Regulation 1999 (L.N. 168)
Section 2(a) of the Human Organ Transplant (Amendment) Ordinance 1999 adds a new subsection (2A) to section 5 of the Ordinance. By virtue of this new provision, the Human Organ Transplant Board is empowered to prescribe regulation stipulating the means of establishing the marriage relationship between the donor and the recipient and its subsistence. The Board makes this Regulation which provides that marital relationship between 2 persons can be established by:
- registration documents issued under the Marriage Ordinance (Cap. 181) or the Marriage Reform Ordinance (Cap. 178);
- any document equivalent to any document issued under the above two Ordinances which shows that the 2 persons are the parties to a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed; and
- a statutory declaration by either of the 2 persons that the marriage has subsisted for not less than 3 years.
Members may refer to the LegCo Brief (Ref. HWCR/1/3231/98(99) issued by the Health and Welfare Bureau in July 1999 for details.
Human Organ Transplant (Amendment) Ordinance 1999
Human Organ Transplant (Amendment) Ordinance 1999 (7 of 1999) (Commencement) Notice 1999 (L.N. 169)
The Secretary for Health and Welfare has appointed 2 July 1999 as the day on which section 2(a) of the Ordinance (see the above) is to come into operation.
Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 5) Order 1999 (L.N. 170)
This Order sets aside the Sheung Ning Playground as a public pleasure ground in the Regional Council area. This Order is made by the Provisional Regional Council under section 106 of the Public Health and Municipal Services Ordinance (Cap. 132).
Legal Practitioners Ordinance (Cap. 159)
Trainee Solicitors (Amendment) Rules 1999 (L.N. 171)
These Rules are made by the Council of The Law Society of Hong Kong under section 73 of the Legal Practitioners Ordinance (Cap. 159) and the Council had obtained the prior approval of the Chief Justice on these Rules. Rules 2, 9 and 9A of the Trainee Solicitors Rules (Cap. 159 sub. leg.) are amended -
- subject to certain conditions, to allow The Law Society of Hong Kong to approve a period of secondment to a company in Hong Kong as effective employment under a trainee solicitor contract; and
- to cease to recognize a period of employment as a trainee solicitor in England or Wales prior to entering into a trainee solicitor contract in Hong Kong be relevant working experience.
Rule 23 is added as a saving provision. Any person who has entered into a trainee solicitor contract in England or Wales as at the date on which the amending Rules come into operation (i.e. 2 July 1999) may apply for approval that the period of employment be relevant working experience.
The Legal Service Division is seeking clarification from The Law Society of Hong Kong on a drafting point and will make a further report if necessary.
Administration of Justice (Miscellaneous Provisions) Ordinance 1999
Administration of Justice (Miscellaneous Provisions) Ordinance 1999 (21 of 1999) (Commencement) Notice 1999 (L.N. 172)
The Chief Justice appoints 5 July 1999 as the day on which Parts II and III of the Administration of Justice (Miscellaneous Provisions) Ordinance (21 of 1999) is to come into operation. Part II removes the requirement that judicial proceedings should be adjourned when a red rainstorm warning is in force while Part III is to enable temporary judicial appointments in court-related enactments.
Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
5 July 1999