Legislative Council

LC Paper No. LS 17/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 24 July 1998

Legal Service Division Report on
Resolution under section 31(4) of the
Import and Export Ordinance (Cap. 60)

On 21 July 1998, the Secretary for Trade and Industry gave notice to move a motion under section 31(4) of the Import and Export Ordinance (Cap. 60) (the Ordinance) at the Legislative Council meeting to be held on 29 July 1998.

2. Section 31(aa) of the Ordinance provides that the Chief Executive in Council may make regulations for the levying of a charge on persons who furnish particulars pursuant to any regulation made under that section. Section 31(4) provides that no such regulation shall come into operation until it has been approved by resolution of the Legislative Council.

3. The motion is to seek the Council's approval of Import and Export (Registration) (Amendment) Regulation 1998. The purpose of the Amendment Regulation is to reduce declaration charges for imports and domestic exports. The Government now proposes that for imports of non-food items over $46,000 (instead of over $33,000), the rate of trade declaration charges is to be reduced from 0.035% to 0.025% of value. For domestic exports over $46,000, it is to be reduced from 0.05% to 0.025% of value. The proposed reductions are to take effect on 1 August 1998. This is one of the Government's measures to provide relief to business and community. For more background information of this Amendment Regulation, Members may refer to the Legislative Council Brief ref. TIBCR 26/39/3 recently issued by the Trade and Industry Bureau.

4. The legal and drafting aspects of the draft resolution are in order.

Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
22 July 1998