PLC Paper No. LS 30

Paper for the House Committee Meeting of the
Provisional Legislative Council
on 17 October 1997

Legal Service Division Report on Subsidiary
Legislation Gazetted on
3 October 1997

Date of Tabling in Provisional LegCo : 8 October 1997
Amendment to be made by : 5 November 1997
(or 12 November 1997
if extended by resolution)

Fugitive Offenders Ordinance (23 of 1997)
Fugitive Offenders (India) Order (L.N. 450)

This Order applies the procedures for the surrender of fugitive offenders set out in the Fugitive Offenders Ordinance (23 of 1997) to the Hong Kong Special Administrative Region and the Republic of India. The purpose of the Order is to enable the implementation of the Agreement for the Surrender of Fugitive Offenders made between the Government of Hong Kong and the Government of the Republic of India on 28 June 1997 (the Agreement). The procedures in the Ordinance shall apply as between the HKSAR and the Republic of India subject to the terms of the Agreement annexed in the Schedule.

Members may refer to PLC Brief File Ref. : SBCR 8/1/2716/80 (96) issued by the Security Bureau on 4 July 1997 for background information. The Order will come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette. According to the Administration, the proposed commencement date is 14 November 1997.

Under section 3(3) of the Ordinance, the Provisional Legislative Council may, by resolution, repeal (but not amend) this Order.

Telecommunication Ordinance (Cap. 106)
Telecommunication (APSTAR-IIR) (Exemption from Licensing) Order (L.N. 451)

By this Order, the APT Satellite Company Limited ("the Licensee") is exempted from the obligation to hold a licence under section 8(1) of the Telecommunication Ordinance (Cap. 106) for the operation of radio stations on the satellite APSTAR-IIR. The Order is part of an arrangement approved by the Chief Executive in Council for the grant of a Space Radiocommunication Telemetry, Tracking, Control and Monitoring Station Licence ("Telecommunication Licence") and for amendments to be made to similar licences previously granted for other satellites.

Members may refer to PLC Brief File Ref. : ESBCR 5/1036/94(97) IV issued by the Economic Services Bureau on 3 October 1997 for background information. The Licensee intends to launch the satellite APSTAR-IIR in October 1997 to provide telecommunications and broadcasting transmission services for the Asia-Pacific Region. The Order is made because the responsibility to register radio frequencies with the International Telecommunication Union and to handle complaints about interference rests with the Central People's Government of the PRC and not the HKSAR Government, hence it is not necessary to regulate the Licensee through a licence.

The Telecommunication Licence set out in Annex A to the PLC Brief enables the Licensee to monitor and control APSTAR-IIR through the operation of a TTC&M station in the Tai Po Industrial Estate. It has been granted shortly after publication of the Order in the Gazette. Since the Telecommunication Licence allows subsidiaries of the Licencee to use the facilities to uplink to APSTAR-IIR as well, amendments have been made to previous licences granted for other satellites to provide for similar flexibility.

Prepared by

Wong Sze-man, Bernice
Assistant Legal Adviser
Provisional Legislative Council Secretariat
13 October 1997