Legislative Council

LC Paper No. LS 17/99-00

Paper for the House Committee Meeting
of the Legislative Council
on 22 October 1999

Legal Service Division Report on
Subsidiary Legislation Gazetted on 15 October 1999


Date of Tabling in LegCo : 20 October 1999
Amendment to be made by :17 November 1999 (or 24 November 1999 if extended by resolution)

Customs and Excise Service Ordinance (Cap. 342)
Customs and Excise Service (Welfare Fund) Regulation        (L.N. 250)

Fire Services Ordinance (Cap. 95)
Fire Services Department (Welfare Fund) Regulation        (L.N. 251)

Immigration Service Ordinance (Cap. 331)
Immigration Service (Welfare Fund) Regulation        (L.N. 252)

Police Force Ordinance (Cap. 232)
Police Force (Welfare Fund) Regulation        (L.N. 253)

Prisons Ordinance (Cap. 234)
Prison (Amendment) Rules 1999        (L.N. 254)


L.N. 250 - 254 repeal and re-enact the subsidiary legislation on welfare funds made under the Ordinances relating to five disciplined services, namely, the Customs and Excise Service, the Fire Services, the Immigration Service, the Police Force and the Correctional Services. L.N. 250 - 254 are made in consequence of the reconstitution of the welfare funds for members of those disciplined services following the enactment of the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 (58 of 1999) ("the Amendment Ordinance").

The above Regulations and the Prison (Amendment) Rules provide for various matters relating to the administration of the welfare funds concerned following the constitution of the heads of the respective disciplined services as corporations sole in whom the welfare funds are vested. Those matters include maintenance of the welfare funds concerned, investment of surplus funds, audit of annual statement of accounts of the funds by the Director of Audit and the requirement for the audited statement of accounts to be laid on the table of the Legislative Council.

L.N. 250-254 will come into operation on the commencement of the amendments relating to the respective Ordinances on the disciplined services as set out in the Amendment Ordinance.

For background information, Members may refer to LegCo Brief (Ref.: 2/2801/75) issued by the Security Bureau in October 1999. A copy of the LegCo Brief is at Annex A.

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 6) 1999 Order        (L.N. 255)


This Order sets aside Tin Shui Road Park as a public pleasure ground in the Regional Council area. The effect of this Order is that the Public Health and Municipal Services Ordinance will apply to the new public pleasure ground.

Labour Tribunal Ordinance (Cap. 25)
Labour Tribunal (Amendment) Ordinance 1999 (25 of 1999) (Commencement) Notice 1999        (L.N. 256)


This Notice appoints 19 October 1999 as the day on which the Labour Tribunal (Amendment) Ordinance 1999 (25 of 1999) will come into operation.

The Amendment Ordinance improves the scope and operation of the Labour Tribunal by providing for, among other things, the transfer of cases from the Labour Tribunal to the Small Claims Tribunal, legal representation in proceedings relating to insulting behaviour at the hearing of proceedings in the Labour Tribunal, etc.

Small Claims Tribunal Ordinance (Cap. 338)
Small Claims Tribunal (Amendment) Ordinance 1999 (28 of 1999) (Commencement) Notice 1999        (L.N. 257)


This Notice appoints 19 October 1999 as the day on which the Small Claims Tribunal (Amendment) Ordinance 1999 (28 of 1999) will come into operation.

The Amendment Ordinance improves the scope and operation of the Small Claims Tribunal by providing for, among other things, the adjustment of the Tribunal's jurisdiction from $15,000 to $50,000, legal representation in proceedings relating to insulting behaviour at the hearing of proceedings in the Tribunal, etc.

Telecommunication Ordinance (Cap. 106)
Telecommunication (Amendment) (No. 2) Regulation 1999 (L.N. 180 of 1999) Commencement) Notice 1999       (L.N. 258)


This Notice appoints 15 October 1999 as the day on which the Telecommunication (Amendment) (No. 2) Regulation 1999 (L.N. 180 of 1999) will come into operation.

The Regulation expands the scope of services permitted to be received and distributed by the Satellite Master Antenna Television systems. Members may recall that a Subcommittee has been formed to study the Regulation. The Subcommittee reported to the House Committee on the Regulation on 8 October 1999 and recommended that the Regulation be supported.


Encl.


Prepared by


Fung Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
19 October 1999

LS/S/4/99-00