PLC Paper No. LS 67

Ref : CB2/SS/2/97

Paper for the House Committee Meeting
of the Provisional Legislative Council
on 2 January 1998

Legal Service Division Report on
Subsidiary Legislation Gazetted on
19 December 1997

Date of Tabling in Provisional LegCo : 7 January 1998
Amendment to be made by : 21 January 1998 (or 11 February 1998 if extended by resolution)

Legislative Council Ordinance (134 of 1997)
Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (L.N. 603)

This Regulation sets out -

  1. the number and qualifications of subscribers;

  2. the amount of election deposit required for nomination; and

  3. the threshold for forfeiture of the election deposit,

for the 1998 LegCo elections in respect of the geographical constituencies (GCs), functional constituencies (FCs), Election Committee (EC) and EC subsectors (in this Regulation, the reference to an EC subsector includes a sub-subsector of the sports, performing arts, culture and publication subsector).

In respect of the GC elections -

  1. the number of subscribers required for nomination by each GC list is at least 100 electors registered in respect of the GC in respect of which the nominees on that nomination list are seeking nomination;

  2. the amount of deposit required for each nomination list is $50,000; and

  3. the threshold for forfeiture of election deposit is where the total number of votes received by any nomination list which has no successful candidate is less than 5% of the total number of valid votes cast in that GC.

In respect of the FC elections -

  1. the number of subscribers required for nomination in relation to -

    1. the Urban Council FC or the Regional Council FC is at least 5 persons; and

    2. other FCs is at least 10 persons,

      each being an elector registered in respect of the relevant FC;

  2. the amount of deposit required for nomination for each candidate is $25,000; and

  3. the threshold for forfeiture of election deposit is where the total number of votes received by any unsuccessful candidate is less than 5% of the total number of valid votes cast in that FC.

In respect of the EC election -

  1. the number of subscribers required for nomination is at least 10 persons each being a member registered in respect of the EC;

  2. the amount of deposit required for nomination for each candidate is $25,000; and

  3. the threshold for forfeiture of election deposit is where the total number of votes received by any unsuccessful candidate is less than 2.5% of the total number of valid votes cast in the EC.

In respect of the EC subsector elections -

  1. the number of subscribers required for nomination is at least 5 persons each being a voter registered in respect of the relevant subsector;

  2. the amount of deposit required for nomination for each candidate is $5,000; and

  3. the threshold for forfeiture of election deposit is where the total number of votes received by any unsuccessful candidate is less than 2.5% of the total number of valid votes cast in that EC subsector.

The Regulation also specifies the circumstances in which the deposit is returnable and provides for the disposal of deposit in case of death of a candidate or person who lodges the deposit on behalf of a candidate or the nominees on a nomination list.

Members may refer to PLC Brief File Ref. : CAB C1/30/11 of 18 December 1997 from Constitutional Affairs Bureau for background information.

Legislative Council Ordinance (134 of 1997)
Distribution of Number of Members Among Designated Bodies (Election Committee) (Legislative Council) Order 1997 (L.N. 604)

This Order specifies the number of members allocated to the religious subsector to be distributed among the designated bodies which may nominate a number of persons selected by them as members representing the religious subsector on the Election Committee.

Members may refer to PLC Brief File Ref. : CAB1/30/4 of 18 December 1997 from Constitutional Affairs Bureau for background information.

Corrupt and Illegal Practices Ordinance (Cap. 288)
Maximum Scale of Election Expenses (Legislative Council) Order 1997 (L.N. 605)

This Order sets out the election expenses limits for the 1998 LegCo elections in respect of the geographical constituencies (GCs), functional constitutional constituencies (FCs), Election Committee (EC) and the EC subsectors.

In respect of the GC elections, the maximum scale of election expenses that may be incurred by or on behalf of all the candidates on a nomination list is -

  1. in relation to any GC which has 3 seats, $1,500,000;

  2. in relation to any GC which has 4 seats, $2,000,000; and

  3. in relation to any GC which has 5 seats, $2,500,000.

In respect of the FC elections, the maximum scale of election expenses that may be incurred by or on behalf of a candidate is -

  1. in relation to Urban Council, Regional Council, Heung Yee Kuk, Agriculture and fisheries, insurance and transport FCs, $100,000; and

  2. in relation to the remaining FCs, between $160,000 and $480,000, depending on the number of electors registered in the respective constituency.

In respect of the EC election, the maximum scale of election expenses that may be incurred by or on behalf of a candidate is $160,000.

In respect of the EC subsectors elections, section 2(3) of the Order prescribes the maximum scale of election expenses applicable to different groupings of subsectors.

Members may refer to PLC Brief File Ref. : CAB C 1/30/10 of 18 December 1997 from Constitutional Affairs Bureau for background information.

The Subcommittee on subsidiary legislation relating to LegCo election will study L.N.s 603 - 605 in detail.

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 6) Order 1997 (L.N. 616)

This Order sets aside as public pleasure grounds in the Urban Council area the places specified in Schedule 1 to the Order and provides that the places specified in Schedule 2 to the Order will cease to be public pleasure grounds.

Banking Ordinance (Cap. 155)
Banking Ordinance (Declaration under Section 2(14)(d)) (No. 3) Notice 1997 (L.N. 617)

This Notice declares the common stored value tickets issued by the Mass Transit Railway Corporation ( " the MTR stored value tickets') are not stored value cards for the purposes of the definition of " multi-purpose card " in the Banking Ordinance (Cap. 155). Such tickets would otherwise fall within the meaning of " multi-purpose card " because they can be used for fare payments on KCRC trains, feeder buses and for some very limited ancillary uses within the MTRC and KCRC stations.

The Banking (Amendment) Ordinance 1997 (4 of 1997) which provides the legal framework for the regulation of the issue of multi-purpose store value cards has come into operation on 15 May 1997. Under the Amendment Ordinance, no person shall issue or facilitate the issuance of a multi-purpose card except an approved authorized institution. The effect of this notice is to exempt the MTRC stored value tickets from the approval requirements for a period until 26 June 1998.

The Monetary Authority has published a similar Notice (L.N. 280 of 1997) on 23 May 1997 in the Gazette to exempt the MTRC stored value tickets from the approval requirements for a period until 26 December 1997.

Members may refer to PLC Brief (without file reference ) of 18 December 1997 from Financial Services Bureau for background information.

This Notice has come into operation on 27 December 1997.

Occupational Safety and Health Regulation (L.N. 332 of 1997) Occupational Safety and Health Regulation (L.N. 332 of 1997) (Commencement) Notice 1997 (L.N. 618)

This Notice specifies 1 January 1998 as the day on which the Occupation Safety and Health Regulation (L.N. 332 of 1997) (other than Part VII containing provisions which impose on employers and on occupiers of premises requirements with respect to manual handling operations undertaken at workplaces that are under their control) will come into operation.

Buildings (Amendment) Ordinance 1996 (54 of 1996)
Buildings (Amendment) Ordinance 1996 (54 of 1996) (Commencement) (No. 5) Notice 1997 (L.N. 619)

This Notice specifies 22 December 1997 as the day on which certain provisions of the Buildings (Amendment) Ordinance 1996 (54 of 1996) will come into operation. Those provisions are related to supervision plans system in relation to construction site safety. The remaining provisions of the Amendment Ordinance, relating to supervision plans system concerning specialist contractors and specialist contractors registration, are expected to come into operation in April 1998.

Members may note that the Technical Memorandum for Supervision Plans (Special Supplement No. 5 to the Gazette on 29 August 1997) (Commencement) Notice 1997 (published in Special Supplement No. 5 to the Gazette on 19 December 1997) specifies 22 December 1997 as the day on which the Technical Memorandum will come into operation.

Building (Administration) (Amendment) (No. 4) Regulation 1997 (L.N. 514 of 1997)
Building (Administration) (Amendment) (No. 4) Regulation 1997 (L.N. 514 of 1997) (Commencement) Notice 1997 (L.N. 620)

This Notice specifies 22 December 1997 as the day on which certain provisions of the Building (Administration) (Amendment) (No. 4) Regulation 1997 (L.N. 514 of 1997) will come into operation. Those provisions are related to general contractors registration and supervision plans systems. The remaining provisions of the Amendment Regulations, relating to specialist contractors registration system, are expected to come into operation in April 1998.

Building (Demolition Works) (Amendment) Regulation 1997 (L.N. 515 of 1997)
Building (Demolition Works) (Amendment) Regulation 1997 (L.N. 515 of 1997) (Commencement) Notice 1997 (L.N. 621)

This Notice specifies 22 December 1997 as the day on which certain provisions of the Building (Demolition Works) (Amendment) Regulation 1997 (L.N. 515 of 1997) will come into operation. Those provisions are related to supervision plans system. The remaining provisions of the Amendment Regulation, relating to demolition plans, are expected to come into operation in January 1998.


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
30 December 1998