LC Paper No. LS 8/99-00
Paper for the House Committee Meeting
of the Legislative Council
on 15 October 1999
Legal Service Division Report on
Industrial Training (Construction Industry) (Amendment) Bill 1999
Object of the Bill
This Bill seeks to expand the functions of the Construction Industry Training Authority (the Authority) and to effect a minor change to the constitution of the Authority.
LegCo Brief Reference
2. EMB15/3231/75 V issued by the Education and Manpower Bureau dated 29 September 1999.
Date of First Reading
3. 13 October 1999.
4. The Authority is a statutory body to provide training for persons employed in the construction industry. Its functions are prescribed in section 5 of the Industrial Training (Construction Industry) Ordinance (Cap. 317).
5. Clause 4 of this Bill seeks to amend that section. The functions of the Authority are expanded to cover two additional activities, i.e. to assess the standards of skills achieved by anyone in respect of work in connection with the construction industry, and to assist in the placement of persons completing training courses by way of financial provisions.
6. In the LegCo Brief, the Administration states that these two activities have been carried out by the Authority for some time. The Department of Justice has raised doubts whether the existing provisions give adequate legal authorisation to the Authority to carry out these two activities. The Administration therefore proposes to amend the Ordinance so as to provide a clear legal basis to enable the Authority to continue to carry out these two activities. Yet the Bill does not contain any validation provision to accord the Authority with legal basis for such past activities. We have raised queries with the Administration on this point and are awaiting their reply.
7. As for the other amendment on the change of constitution of the Authority, the Administration proposes that a person nominated by the Hong Kong branch of the Royal Institution of Chartered Surveyors should be replaced by a person nominated by the Hong Kong Institute of Surveyors. According to the LegCo Brief, the former Institute was dissolved on 31 August 1997. The latter has since played exactly the same role as the former Institute.
8. The Administration states in the LegCo Brief that the above proposals have the support of the Construction Advisory Board, the Hong Kong Construction Association and the Real Estate Developers Association of Hong Kong.
Consultation with the LegCo Panel
9. No consultation with any LegCo Panel on the details of the Bill has been carried out.
10. Apart from paragraph 6 above, the legal and drafting aspects of this Bill are in order. We would make a further report once a reply on paragraph 6 is received. Members are recommended to defer decision on the Bill pending our further report.
HO Ying-chu, Anita
Assistant Legal Adviser
Legislative Council Secretariat
8 October 1999