Legislative Council

LC Paper No. LS 6/99-00

Paper for the House Committee Meeting
of the Legislative Council
on 8 October 1999

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

Date of Tabling in LegCo :6 October 1999
Amendment to be made by: 3 November 1999 (or 10 November 1999 if extended by resolution)

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Civic Centres) (Amendment of Thirteenth Schedule) Order 1999 (L.N. 241)

The Order sets aside the Kwai Tsing Theatre at Hing Ning Road, Kwai Chung as a civic centre in the Regional Council area and makes consequential amendment to the Thirteenth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132).

Reformatory Schools Ordinance (Cap. 225)
Reformatory School (Establishment) (Consolidation) (Amendment) Order 1999 (L.N. 242)

The Order amends the Reformatory School (Establishment)(Consolidation) Order (Cap. 225 sub. leg.) so that the Country House of the Brothers of St. Joseph's College ceases to be a reformatory school established for the reformation of youthful offenders under the Reformatory Schools Ordinance (Cap. 225).

Juvenile Offenders Ordinance (Cap. 226)
Places of Detention (Juvenile Offenders) Appointment (Consolidation) (Amendment) Order 1999 (L.N. 243)
Remand Home (Amendment) Rules 1999 (L.N. 245)

Protection of Children and Juveniles Ordinance (Cap. 213)
Protection of Children and Juveniles (Places of Refuge) (Amendment) Order 1999 (L.N. 244)

L.N. 243 amends the name and address of Begonia Road Boys' Home to Begonia Road Juvenile Home situate at 62 Begonia Road, Yau Yat Chuen, Kowloon, and removes Ma Tau Wei Girls' Home and Pui Yin Juvenile Home from the list of places of detention appointed under the Juvenile Offenders Ordinance (Cap. 226) for the detention of children (under the age of 14) and young persons (aged 14-16) who are found guilty of an offence punishable in the case of adults with imprisonment, or who would be liable if they were adults to be imprisoned in default of payment of any fine, damages or costs.

L.N. 244 removes Begonia Road Boys' Home and Pui Yin Juvenile Home from the list of places of refuge declared under the Protection of Children and Juveniles Ordinance (Cap. 213) for children (under the age of 14 years) and juvenile (aged 14-18) in need of care or protection to take refuge until he is brought before a juvenile court.

The effect of L.N. 245 is such that the Remand Home Rules (Cap. 226 sub. leg.) would cease to apply to the remand sections of Ma Tau Wei Girls' Home and the Pui Yin Juvenile Home. The Rules provide for inspection of places of detention, the classification, treatment, employment and control of children (under the age of 14) and young persons (aged 14-16) detained in custody such places, and for visits during detention. The name of the Begonia Road Boys' Home is also amended to Begonia Road Juvenile Home.

Members may refer to LegCo Brief File Ref. HW W27/1 Pt1 99 issued by the Health and Welfare Bureau in September 1999 for background information.

Tax Reserve Certificates (Fourth Series) Rules (Cap. 289 sub. leg.)
Tax Reserve Certificates (Rate of Interest) (No. 6) Notice 1999 (L.N. 246)

The Notice fixes at 4.6250% per annum the rate of interest payable on tax reserve certificates issued on or after 4 October 1999.

Midwives Registration (Amendment) Ordinance 1997
Midwives Registration (Amendment) Ordinance 1997 (61 of 1997) (Commencement) Notice 1999 (L.N. 247)

This Notice appoints 30 September 1999 as the day on which the Midwives Registration (Amendment) Ordinance 1997 (except sections 11(a)(ii), (iii) and(iv), 22, 23 and 29) shall come into operation.

The Amendment Ordinance makes amendments to the Midwives Registration Ordinance (Cap. 162) by establishing the Midwives Council of Hong Kong to replace the Midwives Board of Hong Kong, imposing penalty for the unlawful use of the title of registered midwife, prohibiting persons other than a medical practitioner or registered midwife from attending women in childbirth and making other miscellaneous amendments.

The excepted sections relate to the prohibition to practise as a registered midwife without a current practising certificate, the recovery of prescribed fee for a practising certificate and the repeal of the Midwives (Registration and Disciplinary Procedure) Regulations.

Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
5 October 1999