Legislative Council

LC Paper No. LS 132/98-99

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

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

Date of Tabling in LegCo: 24 March 1999
Amendment to be made by: 21 April 1999 (or 28 April 1999 if extended by resolution)

Housing Ordinance (Cap. 283)
Housing Ordinance (Amendment of Schedule) Order 1999 (L.N. 63)

Section 17AA of the Housing Ordinance (Cap. 283) provides that the Housing Authority may sell its land subject to the terms, covenants and conditions mentioned in the Schedule. This Order amends paragraphs 1, 2 and 4 of the Schedule to relax the resale restrictions for all subsidised flats sale schemes of the Housing Authority. Owners of these subsidised flats may sell their flats in the open market after 5 years (instead of 10 years) from first assignment, subject to payment of a premium proportionate to the original discount.

Owners may also sell their flats back to the Housing Authority after the first 2 years (instead of 3 years) from first assignment. The buy-back price will be assessed on the market value of the flat at the time of buy back and the discount that was enjoyed by the purchaser at the time the flat was purchased.

An information paper has been issued to the Legislative Council Panel on Housing on 29 January 1999.

This Order shall come into operation on a day to be appointed by the Secretary for Housing by notice in the Gazette. Members may refer to the LegCo Brief (File ref.: HB(CR)5/4/20) issued by the Housing Bureau in March 1999 for background information.

Human Organ Transplant Ordinance (Cap. 465)
Human Organ Transplant (Amendment) Regulation 1999 (L.N. 66)

Under section 6(1) of the Human Organ Transplant Ordinance (Cap. 465), the Human Organ Transplant Board may by regulation require certain persons to supply prescribed information to it with respect to transplant operations. This Regulation is made by the Board to amend forms in the Schedule to the Human Organ Transplant Regulation (Cap. 465 sub. leg.) to bring them into conformity with section 5 of the Ordinance as recently amended by the Human Organ Transplant (Amendment) Ordinance 1999 (7 of 1999).

Employees Retraining Ordinance (Cap. 423)
Employees Retraining Ordinance (Amendment of Schedule 2) (No. 2) Notice 1999 (L.N. 67)

This Notice adds 2 further organizations, i.e. the Hong Kong St. John Ambulance and the Hong Kong Society for Democracy and People's Livelihood to the list of training bodies capable of providing or conducting retraining courses for the purpose of the Employees Retraining Ordinance (Cap. 423).

Mandatory Provident Fund Schemes Ordinance (Cap. 485)
Mandatory Provident Fund Schemes Ordinance (80 of 1995) (Commencement) Notice 1999 (L.N. 68)
Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg.) (Commencement) Notice 1999 (L.N. 69)
Provident Fund Schemes Legislation (Amendment) Ordinance 1998 (4 of 1998) (Commencement) Notice 1999 (L.N. 70)

The Mandatory Provident Fund Schemes Authority (MPFA) was brought into operation on 24 July 1998 by virtue of the Mandatory Provident Fund Schemes Ordinance (Commencement) Notice 1998 (L.N. 292 of 1998).

The MPFA has drawn up a timetable to implement the scheme by stages. Commencement notices will be issued in batches to bring relevant provisions into force to tie in with the implementation table. By these three commencement notices, certain provisions are to commence operation on different dates. Sections 17 and 46 to 48 of the Mandatory Provident Fund Schemes Ordinance are to commence operation on 12 March 1999 to enable the MPFA to establish the Compensation Fund and draw down the grant from the Government within the current financial year and the making of regulations, rules and amendment of schedules. Other provisions relate mainly to the licensing process and the granting of exemption in respect of the existing Occupational Retirement Schemes. They are to commence operation on 3 August 1999 and 3 January 2000 respectively.

Some other provisions, in particular, Part III of the Ordinance on the collection of MPF contributions, the Residual Provident Fund Schemes (section 23) and on winding up of Schemes (section 34) are not yet in operation.

Members may refer to the LegCo Brief (File ref.: MPFO/AP/7/3 Pt. 57) issued by the Mandatory Provident Fund Office of the Financial Services Bureau dated 10 March 1999 for background information.

Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
22 March 1999