PLC Paper No. LS 38

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

Legal Service Division Report on a motion under sections 3(3), 4(4) and 5(4) of the Legislative Provisions (Suspension of Operation) Ordinance 1997 (126 of 1997)

The Secretary for Education and Manpower has given notice to move the above motion at the meeting of the Council on 29 October 1997.

2.Members will recall that in July 1997, the Legislative Provisions (Suspension of Operation) Ordinance 1997 (126 of 1997) (the Ordinance) was enacted suspending, among other things, the operation of the Employee's Rights to Representation, Consultation and Collective Bargaining Ordinance (101 of 1997) and the amendments made by the Trade Unions (Amendment) (No. 2) Ordinance 1997 (102 of 1997) and the Employment (Amendment) (No. 4) Ordinance 1997 (98 of 1997) to their respective principal ordinances.

3.The suspension will cease to have effect on 31 October 1997, unless it is extended by resolution of the Council under sections 4(4), 3(3) and 5(4) respectively of the Ordinance. The motion now proposes that the period of suspension be extended until 30 November 1997.

4.Members will note that the Administration has already prepared the Employment and Labour Relations (Miscellaneous Amendments) Bill 1997 to deal with the legislative provisions covered by the above suspension. It is scheduled for first reading on 15 October 1997 (subject of another report PLC Paper LS 35). An advance draft of it is being scrutinised by a Subcommittee set up by the House Committee. In order to allow sufficient time for the Bill to be properly scrutinised, the Subcommittee has suggested to the Administration to extend the suspension for an appropriate period.

5.It is noted that under the Ordinance, further extension of the suspension by resolution of the Council is possible if necessary. On the other hand, if the suspension period proves to be longer than is needed, the Secretary for Education and Manpower is empowered to appoint a date for the earlier termination of the suspension.

6The legal and drafting aspects of the draft resolution are in order.

Prepared by

CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Provisional Legislative Council Secretariat
14 October 1997