LC Paper No. LS 80/98-99
Paper for the House Committee MeetingDate of Tabling in LegCo :
of the Legislative Council
on 18 December 1998
Legal Service Division Report on
Subsidiary Legislation Gazetted on 11 December 1998
16 December 1998Amendment to be made by :
13 January 1999 (or 20 January 1999 if extended by resolution)Import and Export Ordinance (Cap. 60)
Import and Export (Removal of Articles) (Amendment) Regulation 1998 (L.N. 370)
This Amendment Regulation prescribes facsimile transmission as a mode of service of notices under sections 20A and 20B of the Import and Export Ordinance (Cap. 60). Section 20A of the Ordinance empowers an officer of the Customs and Excise Service to serve notice prohibiting the removal of article of cargo from a vessel, aircraft or vehicle for importation into Hong Kong for the purpose of establishing the identity of the consignee of the article. Section 20B of the Ordinance empowers such officer to serve notice requiring the removal of such article to specified premises for examination.
The Amendment Regulation also provides that such notices, if served by personal delivery or fascimile transmission, will be deemed to have been duly served in the absence of evidence to the contrary. Members may refer to LegCo Brief Ref. TIB CR 15/18/3/1 issued by the Trade and Industry Bureau in December 1998 for background information.
Air Pollution Control Ordinance (Cap. 311)
Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation (L.N. 379)
This Regulation requires every regulated vehicle and every petrol storage tank installed at petrol filling station to be equipped with a vapour recovery system so as to recover petrol vapour displaced from the petrol storage tanks during petrol unloading from a regulated vehicle. The Regulation sets out the testing and maintenance requirements and certification procedures. Failure to comply with the above requirements will be an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months.
Members may refer to LegCo Brief issued by the Planning, Environment and Lands Bureau in December 1998 for background information. According to the Brief, the Administration intends to implement the Regulation on 1 April 1999. The Regulation shall not apply to existing regulated vehicle or existing petrol filling station until the expiration of 12 months immediately following the date of commencement.
Import and Export Ordinance (Cap. 60)
Import and Export Ordinance (Amendment of Schedule 3) Notice 1998 (L.N. 380)
This Notice adds five bodies to the list of specified agents in Schedule 3 to the Import and Export Ordinance (Cap. 60). The duty of a specified agent is to provide information technology services for the transmission of information to and from the Commissioner of Customs and Excise or the Director-General of Trade under the Ordinance.
The Notice shall come into operation on 1 January 1999.
Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
14 December 1998
Under section 26(c) of the Ordinance, any person who fails to comply with a notice under sections 20A or 20B shall be guilty of an offence and liable on conviction to a fine of $10,000 and to imprisonment for 6 months.