LC Paper No. LS 210/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 11 June 1999
Legal Service Division Report on
Subsidiary Legislation Gazetted on 4 June 1999
Control of Chemicals Ordinance (Cap. 145)
|Date of Tabling in LegCo : ||9 June 1999
|Amendment to be made by :
||7 July 1999 (or 14 July 1999 if extended by resolution)
Control of Chemicals Ordinance (Amendment of Schedule 3) Order 1999 (L.N. 138)
Control of Chemicals Ordinance (Amendment of Schedule 2) Order 1999 (L.N. 144)
Control of Chemicals Ordinance (Amendment of Schedule 3) Order 1999 (L.N. 138) amends Schedule 3 to the Control of Chemicals Ordinance (Cap. 145) ("the Ordinance") by repealing the item potassium permanganate from the Schedule.
Control of Chemicals Ordinance (Amendment of Schedule 2) Order 1999 (L.N. 144) amends Schedule 2 to the Ordinance by adding potassium permanganate ("PP") to the Schedule.
PP is a chemical commonly used as a general oxidizing and bleaching agent. It is also an essential chemical for the manufacture of cocaine. PP is currently listed in Schedule 3 to the Ordinance. For substances listed in Schedule 3, no licence, permit or approval is required for their manufacture, import, supply, sale, possession, storage or transhipment. The only control in respect of substances listed in Schedule 3 is in section 3A of the Ordinance, which requires a licence for the export of such substances to the 11 Central and South American countries specified in Schedule 3. After a trader has been licensed to export, he still has to apply for an individual authorization each time he exports a Schedule 3 substance to a specified country.
The control of substances listed in Schedule 2 to the Ordinance is relatively strict compared to that for substances in Schedule 3. For example, a licence is required for the manufacture, import and export of the substances listed in Schedule 2; for each and every shipment to be imported or exported, a licensee has to apply for an individual import or export authorization.
In support of the United Nations' resolution made in June 1998 to prevent diversion of precursor chemicals for illicit use, the Administration considers it appropriate to upgrade the control on PP because of its crucial role in illicit cocaine production.
Members may refer to LegCo Brief File Ref.: NCR 10/1/10(A) VIII of 2 June 1999 from Security Branch for background information.
Both Orders will come into operation on 2 October 1999.
The Ombudsman Ordinance (Cap. 397)
The Ombudsman Ordinance (Amendment of Schedule 1) Order 1999 (L.N. 139)
This Order adds a further 4 organizations, namely Employees Retraining Board, The Hong Kong Examinations Authority, Hong Kong Sports Development Board and Mandatory Provident Fund Schemes Authority, to the list of organizations specified in Part I of Schedule 1 to The Ombudsman Ordinance (Cap. 397) ("the Ordinance") to which the Ordinance applies.
Members may refer to LegCo Brief File Ref.: CSO/ADM CR4/3231/92(98)Pt.5 of 3 June 1999 from Administration Wing, Chief Secretary for Administration's Office for background information.
Rehabilitation of Offenders Ordinance (Cap. 297)
Rehabilitation of Offenders Ordinance (Amendment of Schedule) Order 1999 (L.N. 140)
This Order amends Part 1 of the Schedule to the Rehabilitation of Offenders Ordinance (Cap. 297) ("the Ordinance"), which sets out the "prescribed offices" under the Ordinance, by-
- repealing the office of cadet because the Police Cadet School was closed in 1989;
- repealing the reference to "Any office in the Correctional Services Department to which a person is appointed under section 3 of the Prisons Ordinance (Cap. 234)" and substituting it with "Any office in the Correctional Services Department the holder of which is remunerated by reference to the General Disciplined Services Pay Scale" because the existing formulation does not cover officers from the rank of Assistant Officer II to Senior Superintendent appointed by the Commissioner of Correctional Services; and
- adding a new office of Senior Officer or Officer in the Government Flying Service to be in line with the arrangement for other disciplined service departments.
The main object of the Ordinance is to rehabilitate certain offenders who have not been reconvicted for 3 years by preventing unauthorized disclosure of their previous convictions. One of the statutory exceptions to the non-disclosure protection concerns proceedings relating to a person's suitability to be appointed to, or continue in, any prescribed office. Therefore, the effect of paragraphs (b) and (c) is that the non-disclosure protection would not apply to proceedings relating to a person's suitability to be appointed to, or continue in, any of those offices.
Members may refer to LegCo Brief File Ref.: SBCR 1/14/511/84(97)Pt.4 of 4 June 1999 from Security Bureau for background information.
Securities and Futures Commission Ordinance (Cap. 24)
Securities and Futures Commission (Fees) (Amendment) Rules 1999 (L.N. 141)
These Rules introduce a new category of fees payable under the Securities Ordinance (Cap. 333) for registration by an individual as an investment representative for the purposes of advising on securities incidental to the marketing of mandatory provident fund schemes only.
Members may refer to LegCo Brief File Ref.: G6/9/22C(99), with no date on it, from Financial Services Bureau for background information.
The Rules will come into operation on 3 August 1999.
Electoral Affairs Commission Ordinance (Cap. 541)
Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation (L.N. 142)
This Regulation sets out the procedure for conducting an election to elect elected members of the District Councils. It applies to an ordinary election and a by-election.
Part II provides for the stages of an election before the holding of the poll including requirement for the Electoral Registration Officer to compile and publish a register for the first ordinary election; requirement for the Chief Electoral Officer to publish a notice calling for nominations for the election; validity of nomination; and appointment of election agent.
Part III (Division 1) sets out the functions to be performed by the various electoral officers and what the candidates may do and what a person is prohibited from doing at or near a polling station. Part III (Division 2) deals with ballot boxes, ballot papers and voting procedure.
Part IV provides for the matters relating to the counting of the votes.
Part V sets out how documents relating to an election are to be disposed of. They are to be made into separate sealed packets under the heads specified in section 83 of the Regulation and given into the custody of the Chief Electoral Officer. That Officer is to retain custody of them for 6 months. That Officer is not to permit anyone to inspect them unless on a court order.
Part VI contains miscellaneous provisions relating to election.
Schedule 1 provides for postponement and adjournment of an election.
Schedule 2 contains the form for the ballot paper.
Schedule 3 contains the form for the notice of election result.
Members may refer to LegCo Brief, without file reference on it, of June 1999 from Registration and Electoral Office for background information.
The Regulation will come into operation on 1 August 1999.
District Councils Ordinance (8 of 1999)
District Councils (Election Petition) Rules (L.N. 143)
These Rules Provide for matters relating to the preparation, lodgement, service, trial, withdrawal and costs of election petitions to the High Court for the purpose of questioning the election of a person to a District Council.
Members may refer to LegCo Brief File Ref.: CAB C2/15 of 3 June 1999 from Constitutional Affairs Bureau for background information.
Tax Reserve Certificates (Fourth Series) Rules (Cap. 289 sub. leg.)
Tax Reserve Certificates (Rate of Interest) (No. 4) Notice 1999 (L.N. 145)
This Notice fixes at 4.5417% per annum the rate of interest payable on tax reserve certificates issued on or after 7 June 1999.
Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
8 June 1999