LC Paper No. LS 105/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 29 January 1999
Legal Service Division Report on
Subsidiary Legislation Gazetted on 22 January 1999
|Date of Tabling in LegCo
||:||27 January 1999
|Amendment to be made by
||10 February 1999 (or 3 March 1999 if extended by resolution)
Fisheries Protection Ordinance (Cap. 171)
Fisheries Protection (Amendment) Regulation 1999 (L.N. 15)
This Amendment Regulation, made pursuant to the powers conferred under the Fisheries Protection (Amendment) Ordinance (36 of 1998), provides for :
- the prohibition of use of the class or description of apparatus specified by the Director of Agriculture and Fisheries by notice in the Gazette for the purpose of fishing; and
- the increase of fines from $10,000 to $200,000 for use or possession of explosives or toxic substance or for use of the apparatus mentioned in (a) for the purpose of fishing.
The Amendment Regulation shall come into operation on 27 February 1999. Members may refer to LegCo Brief File Ref. ESB 2755/45 Pt.3 issued by the Economic Services Bureau on 21 January 1999 for background information.
Prevention of Bribery Ordinance (Cap. 201)
Prevention of Bribery Ordinance (Amendment of Schedule) Order 1999 (L.N. 16)
This Order amends the Schedule to the Prevention of Bribery Ordinance (Cap. 201) to specify Exchange Fund Investment Limited as a public body under the Ordinance. The legal effect of the Order is to apply certain provisions of the Ordinance to govern the company, its employees and members.
Members may refer to LegCo Brief File Ref. G6/157C II issued by the Financial Services Bureau on 22 January 1999 for background information.
Electricity Ordinance (Cap. 406)
Electricity Ordinance (Cap. 406) (Commencement) Notice 1999 (L.N. 19)
Electrical Products (Safety) Regulation (Cap. 406 sub. leg)
Electrical Products (Safety) Regulation (Cap. 406 sub. leg.) (Commencement) Notice 1999 (L.N. 20)
These two notices respectively appoint 25 February 1999 as the day on which (i) section 29(1)(b) of the Electricity Ordinance (Cap. 406) and (ii) sections 7 and 8 of the Electrical Products (Safety) Regulation (Cap. 406 sub. leg.) shall come into operation.
Section 29(1)(b) of the Ordinance provides that no person shall supply an electrical product for which no certificate of safety compliance has been issued as required by regulations respecting electrical product safety. Section 7 of the Regulation prohibits the supply in Hong Kong of electrical products designed for household use unless a certificate of safety compliance has been issued. Section 8 of the Regulation lists out the various forms that the certificate may take. Failure to comply with these requirements is an offence punishable by a fine of $10,000.
Members may refer to LegCo Brief File Ref. ECON 5/3231/85 issued by the Economic Services Bureau on 21 January 1999. Paragraph 11 of the LegCo Brief mentions that the progress of consultation with the trade has been reported to the LegCo Panel on Economic Services. The report summarises the transitional arrangements in relation to parallel imports, second-hand electrical products and locally fabricated personal computers to be adopted for a period of one year following commencement of the relevant sections. The report has been circulated to the LegCo Panel Members on 31 December 1998 and is attached at the Annex. At the Panel meeting on 25 January 1999, Members have decided not to follow up the matter.
Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
25 January 1999