PLC Paper No. LS 47

Paper for the House Committee Meeting
of Provisional Legislative Council
on 21 November 1997

Legal Service Division Report on
Subsidiary Legislation Gazetted on 14 November 1997

Date of Tabling in Provisional LegCo

: 19 November 1997
Amendment to be made by: 17 December 1997 (or 7 January 1998 if extended by resolution)

Legislative Council Ordinance (No. 134 of 1997)
Declaration of Constituencies (Legislative Council) Order 1997 (L.N. 535)

This Order declares five areas of Hong Kong to be constituencies for the purpose of the first general election of persons to act as Members of the Legislative Council. Each constituency is to return 3 to 5 Members, making a total of 20 Members to be returned through geographical constituencies. The demarcation of each constituency boundary is shown in the approved maps as mentioned in the Order. Such demarcation is proposed by the Electoral Affairs Commission, which has acted in accordance with the statutory criteria as set out in the Electoral Affairs Commission Ordinance (No. 129 of 1997) and the Legislative Council Ordinance (No. 134 of 1997) following a wide public consultation exercise. The demarcation has been accepted by the Chief Executive in Council and is now promulgated by way of an order under section 18(2) of the Legislative Council Ordinance. This Order shall come into operation on 1 January 1998.

Members may refer to the Provisional Legislative Council Brief (File Ref. : CAB C1/30/8) issued by the Constitutional Affairs Bureau dated 11 November 1997 for more background information. A Subcommittee has already been set up to examine all relevant subsidiary legislation on electoral affairs.

Immigration Service Ordinance (Cap. 331)
Immigration Service (Treatment of Detained Persons) Order (L.N. 536)

Under section 13A(8) of the Immigration Service Ordinance, the Chief Executive may by order make such provision with respect to the treatment of persons being detained, whether under subsection (2)(a) of that section or pursuant to an order of a magistrate under section 20(3) or 79(1) of the Magistrates Ordinance (Cap. 227).

According to the PLC Brief (Ref. : SEC 4/8/4 Pt. 2 issued by the Security Bureau on 12 November 1997), these rules are modelled on the Independent Commission Against Corruption (Treatment of Detained Persons) Order (Cap. 204 sub. leg. A) implemented since 1976. The Department of Justice has confirmed that these rules are consistent with the human rights provisions of the Basic Law. These rules have taken effect on 14 November 1997 when they were published in the gazette. Some typographical errors have been identified and will be raised with the Administration.

Immigration Service Ordinance (Cap. 331)
Immigration Service (Designated Places) (Amendment) Order 1997 (L.N. 537)

Immigration Ordinance (Cap. 115)
Immigration (Places of Detention) (Amendment) (No. 2) Order 1997 (L.N. 538)

By virtue of the amendments made to the Immigration Service Ordinance in October 1996, a person who is arrested by a member of the Immigration Service for offences such as possession of forged identity cards, making false statements as to births and deaths as listed in Part I, Schedule 2 of the Ordinance, or for any offence under the Immigration Ordinance (Cap. 115), may be taken to an office of the Immigration Service or to a police station for further enquiries.

Under the new section 13A(9) of the Immigration Service Ordinance, the Secretary for Security may, by order published in the Gazette, designate any place as a designated place for the purpose of detaining such arrested person. The Immigration Service (Designated Places) Order (Cap. 311 sub. leg.) contains nine such places.

By these Orders, the Secretary for Security adds the first and second floors of No.1 Ma Tau Kok Road, Kowloon as a designated place for the purposes of the Immigration Service Ordinance and a designated place of detention under the provisions of the Immigration Ordinance respectively.

The Orders have taken effect as from 14 November 1997. Members may refer to the Provisional Legislative Council Brief (File Ref. : SEC 4/8/4 Pt. 2) issued by the Security Bureau on 12 November 1997 for details. In the Brief, it is stated that Members of the Kowloon City Provisional District Board have been informed of the establishment of the detention centre. There has been no adverse reaction.

*Legal Practitioners Ordinance (Cap. 159)
Practising Certificate (Solicitors) (Amendment) (No. 2) Rules 1997(L.N. 539)

These Rules amend the Practising Certificate (Solicitors) Rules (Cap. 159 sub. leg.) by increasing the fee payable for a solicitor's practising certificate from $8,000 to $8,400. The last increase of fees was made in September 1996. (See L.N. 392 of 1996)

Fugitive Offenders (India) Order
Fugitive Offenders (India) Order (L.N. 450 of 1997) (Commencement) Notice 1997 (L.N. 540)

By this Order, the Secretary for Security appoints 14 November 1997 as the day on which the Order is to come into operation. For details, Members may refer to L.N. 450 of 1997 and our Division's report (PLC Paper No. LS 30) on 13 October 1997.

Prepared by

Ho Ying-chu, Anita
Assistant Legal Adviser
Provisional Legislative Council Secretariat
18 November 1997

*Denotes fee increase