Legislative Council

LC Paper No. LS172/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 7 May 1999

Legal Service Division Report on
Subsidiary Legislation Gazetted on 30 April 1999

Date of Tabling in LegCo :5 May 1999
Amendment to be made by :2 June 1999 (or 9 June 1999 if extended by resolution)

Waterworks Ordinance (Cap. 102)
Waterworks (Amendment) Regulation 1999 (L.N. 106)

The amendments made by this Regulation will come into operation on 10 June 1999 and relate to 3 separate areas -

  1. removing the Water Authority's control on the electrical parts of unvented electric water heaters as they have already been placed under the control of the Electrical Products (Safety) Regulation since 29 May 1998;

  2. reducing the minimum flush for flushing cisterns for water-closet fitments and slop sinks from 9 to 7.5 litres; and

  3. updating some of the British Standard Specifications currently in force.

Members may refer to LegCo Brief WB(W) 266/32/28(99)VI issued by the Works Bureau in April 1999 for more background information.

There is an incorrect reference to "section 2" of the Waterworks (Amendment) Regulation 1999 in the proposed new Regulation 19(6). The correct reference should be "section 3". The Administration has been informed and has indicated that an amendment for rectification will be included in a miscellaneous amendments bill to be introduced in June 1999 (see attached letter from Secretary for Works dated 4 May 1999).

Child Abduction and Custody Ordinance (Cap. 512)
Child Abduction and Custody (Parties to Convention) (Amendment) Order 1999 (L.N. 108)

This Order republishes, in their official names, the list of contracting states (and their declared territories) to the Convention on the Civil Aspects of International Child Abduction as between which and Hong Kong the Convention applies.

It also updates the list by adding 4 more contracting states and 2 more United Kingdom territories which have acceded to the Convention and have their accession accepted by Hong Kong through the Chinese People's Government since the making of the principal order.

Under section 4(2)(b) of the principal ordinance, the Convention shall apply as between Hong Kong and a contracting state (or its declared territory) only in relation to wrongful removals or retentions occurring on or after the date specified in the order of the coming into force of the Convention as between Hong Kong and that state (or territory).

Members may refer to LegCo Brief HW CR 1/3281/86 issued by the Health and Welfare Bureau in April 1999.

Official Languages Ordinance (Cap. 5)
Official Languages (Alteration of Text Under Section 4D) Order 1999 (L.N. 109)

This Order replaces with in the Chinese text of Waterworks Regulations for the sake of consistency with how "water heater" is expressed in the Chinese text of the Electrical Products (Safety) Regulation.

Employees Retraining Ordinance (Cap. 423)
Employees Retraining Ordinance (Amendment of Schedule 2) (No. 3) Notice 1999 (L.N. 110)

This Notice removes 4 organisations from the list of training bodies capable of providing or conducting retraining courses for the purpose of the Ordinance.

Tax Reserve Certificates (Fourth Series) Rules (Cap. 289 sub. leg.)
Tax Reserve Certificates (Rate of Interest) (No. 3) Notice 1999 (L.N. 111)

This Notices fixes at 4.7083% per annum (down from 5.4583%) the rate of interest payable on tax reserve certificates issued on or after 3 May 1999.

Banking Ordinance (Cap. 155)
Banking Ordinance (Amendment of Schedule) Notice 1999 (L.N. 112)

Section 102 of the Banking Ordinance requires every authorised institutions (generally speaking, meaning banks) to maintain a liquidity ratio of not less than 25%, calculated in accordance with the provisions in its Fourth Schedule.

This Notice amends the Fourth Schedule so that an authorised institution may treat its residential mortgage loans as liquefiable assets for the purpose of calculating its liquidity ratio if the Hong Kong Mortgage Corporation Ltd. has issued in respect of those loans an irrevocable commitment to purchase which is approved by the Monetary Authority.

To avoid double counting, monthly instalment repayments from such residential mortgage loans will be excluded consequentially from "eligible loan payment" as a type of liquefiable assets.

Members may refer to LegCo Brief G4/16C(99)XII issued by the Financial Services Bureau in April 1999.

Prepared by

CHEUNG Ping-Kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
3 May 1999