Legislative Council

LC Paper No. LS 129/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 12 March 1999

Legal Service Division Report on
Subsidiary Legislation Gazetted on 5 and 9 March 1999

Date of Tabling in LegCo :10 March 1999
Amendment to be made by :31 March 1999 (or 21 April 1999 if extended by resolution)

Telecommunication Ordinance (Cap. 106)
Telecommunication (Amendment) Regulation 1999 (L.N. 58)

The Amendment Regulation reduces the annual fee payable on the grant and on the anniversary of the grant of a public radiocommunication service licence. The fee for the first 200 mobile stations or less used by customers of the service is reduced from $15,000 to $11,000, and that for every additional 100 mobile stations or less, from $7,500 to $5,500.

Members may refer to LegCo Brief File Ref. ITBB(CR)7/5/1(99) issued by the Information Technology and Broadcasting Bureau on 5 March 1999 for background information. The annual fee has remained the same since December 1990 and the proposed reduction will take effect on 1 May 1999.

Dangerous Drugs Ordinance (Cap. 134)
Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 1999 (L.N. 59)

This Order amends the Second Schedule to the Dangerous Drugs Ordinance (Cap. 134) by adding six institutions to and deleting an institution from the list of prescribed hospitals and institutions in that Schedule. The Order also updates and rectifies the names of several prescribed hospitals and institutions. It will come into operation on 22 April 1999.

Under sections 22 and 23 of that Ordinance, (a) a registered pharmacist or a person approved by the Director of Health who is employed or engaged at a prescribed hospital for dispensing or supply of medicine, or (b) a sister in charge of a ward or matron in a prescribed hospital is authorized to be in possession of and to supply dangerous drugs in accordance with a prescription lawfully given by a registered medical practitioner.

Under section 52(6) of that Ordinance, any public officer authorized in writing by the Director of Health may (a) enter, inspect and search a prescribed hospital, (b) require the production of and inspect records relating to the dealings of dangerous drugs, and (c) inspect any stocks of dangerous drugs.

Dangerous Goods (Consignment by Air) (Safety) Ordinance (Cap. 384)
Dangerous Goods (Consignment by Air) (Safety) Regulations (Amendment of Schedule) Order 1999 (L.N. 60)

The Order updates the Schedule to the Dangerous Goods (Consignment by Air) (Safety) Regulations (Cap. 384 sub. leg.) in respect of certain references to the International Civil Aviation Organization Technical Instructions by substituting the 1999-2000 Edition for the old edition.

Stamp Duty (Amendment) (No. 2) Ordinance 1998
Stamp Duty (Amendment) (No. 2) Ordinance 1998 (33 of 1998) (Commencement) Notice 1999 (L. N. 61)

This Notice appoints 5 March 1999 as the day on which section 6(c), (d) and (e) of the Stamp Duty (Amendment) (No. 2) Ordinance 1998 (33 of 1998) shall come into operation.

These provisions amend the definitions of certain expressions in section 19 of the Stamp Duty Ordinance (Cap. 117) so as to cater for stock borrowing and lending under an automated and mechanized clearing system. The remaining provisions of the Ordinance have come into operation on 1 May 1998 and 1 July 1998 respectively.

Inland Revenue Ordinance (Cap. 112)
Tax Exemption (1997 Tax Year) Order (L.N. 62)

This Order provides for exemption of payment of 10% of the amount of tax chargeable by way of property tax, salaries tax or profits tax under the Inland Revenue Ordinance (Cap. 112) for the year of assessment 1997/98. The Order also provides for calculation of the exempted amount where election for personal assessment has been made by a person and his or her spouse.

The Order was made to give effect to the proposal contained in paragraphs 140 and 141 of the Budget Speech made by the Financial Secretary in the Legislative Council on 3 March 1999. Members may refer to LegCo Brief File Ref. FIN CR 7/2201/98 (undated) issued by the Finance Bureau for more information.

The Order shall come into operation on 10 March 1999. The Administration intends to effect refund of the exempted amount in the latter part of March 1999.

Prepared by
Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
9 March 1999