Legislative Council

LC Paper No. LS 118/98-99

Paper for the House Committee Meeting of the Legislative Council on 26 February 1999

Legal Service Division Report on Subsidiary Legislation Gazetted on 12 February 1999

Date of Tabling in LegCo :3 March 1999
Amendment to be made by :31 March 1999 (or 21 April 1999 if extended by resolution)

Inland Revenue Ordinance (Cap. 112)
Specification of Arrangements (Government of the Republic of Mauritius Concerning Air Services) (Double Taxation) Order (L.N. 43)

This Order specifies Article 9 of the Agreement between the Government of the Hong Kong Special Administrative Region of the People*s Republic of China and the Government of the Republic of Mauritius concerning Air Services done at Hong Kong on 3 July 1998 as a double taxation relief arrangement under section 49 of the Inland Revenue Ordinance (Cap. 112).

Members may refer to LegCo Brief : FIN CR 204/94 for background information.

Clubs (Safety of Premises) Ordinance (Cap. 376)
Clubs (Safety of Premises) (Exclusion) (Amendment) Order 1999 (L.N. 45)

This Order amends the Schedule to the Clubs (Safety of Premises) (Exclusion) Order (Cap. 376 sub. leg.) by -
  1. updating the names of the 2 vessels and one of the licence numbers;

  2. updating the names of certain clubs and the locations of certain club-houses;

  3. deleting "Police Sports and Recreation Clubs - Green Island Recreation Centre" and the location of its club-house from item 5; and

  4. adding 5 club-houses to item 5, namely Border District Police Officer's Mess, Immigration Officers' Mess, HKPF Tai Mei Tuk Activities Training Centre, Housing Authority Staff Club and Officers' Mess, Police Training School.
There is no LegCo Brief on this Order. Upon enquiry made by the Legal Service Division, the Administration replied that it did not have information on the commencement date of operation of these clubs and that the Licensing Authority had not received any application for certificate of compliance under the Clubs (Safety of Premises) Ordinance (Cap. 376) (*the Ordinance*) from these clubs before the making of this Order. The Administration has also explained that excluding the 5 Government staff clubs is in line with its policy of excluding those club-houses situated in Government premises from the application of the Ordinance.

Immigration (Amendment) Ordinance 1999
Immigration (Amendment) Ordinance 1999 (6 of 1999) (Commencement) Notice 1999 (L.N. 46)

This Notice specifies 12 February 1999 as the day on which the Immigration (Amendment) Ordinance 1999 (6 of 1999) ("the Amendment Ordinance") will come into operation. The objects of the Amendment Ordinance are -
  1. to extend to APEC Business Travel Card and Travel Pass the existing penal provisions in the Immigration Ordinance (Cap. 115) relating to false statements, forgery of documents and use and possession of forged documents; and

  2. to penalise the employment on a construction site of persons not lawfully employable.
Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation
Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation (L.N. 379 of 1998) (Commencement) Notice 1999 (L.N. 47)

This Notice specifies 1 April 1999 as the day on which the Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation (L.N. 379 of 1998) ("the Regulation") will come into operation. The Regulation provides that vapour recovery systems are to be installed to petrol storage tanks in petrol filling stations and to regulated vehicles so as to recover petrol vapour displaced from the petrol storage tanks during petrol unloading. The Regulation also specifies the certification procedures and the testing requirements to be complied with.

Prepared by
Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
24 February 1999