Legislative Council

LC Paper No. LS 127/98-99

Members may recall that the Legal Service Division made a report to the House Committee on 29 January 1999 on the Bill (LegCo Paper No. LS 89/98-99 refers). To recap, the Bill adapts certain Ordinances relating to the incorporation of hospitals, charities and certain private bodies to bring them into conformity with the Basic Law and with the status of Hong Kong as a Special Administrative Region of the People's Republic of China.

2. At the House Committee meeting, we informed Members that we were seeking clarification from the Administration on whether it had consulted the organizations concerned on the proposed amendments.

3. The Administration has now confirmed that the organizations affected by the Bill have been consulted and they raised no objection to the proposed amendments.

4. The amendments proposed by the Bill are along the same lines as some amendments proposed in the Adaptation of Laws Bill 1998. Members agreed at the House Committee meeting on 29 January 1999 to defer consideration of this Bill until the Bill Committee on that Bill had completed work.

5. The Adaptation of Laws Bill 1998 was passed by the Legislative Council with amendments on 28 April 1999. Prior to its passage, the Administration agreed with the Bills Committee on that Bill that the provision on saving the rights of Her Majesty, etc. should be adapted to saving the rights of "the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws ...". Accordingly, Committee Stage amendments have been made to that effect to the Bill.

6. The Administration has now proposed to make similar amendments to the savings provision in this Bill. A copy of the draft Committee Stage amendments is at Annex A.

7. With the proposed Committee Stage amendments, we are satisfied that the legal and drafting aspects of the Bill are in order. Subject to Members' views, the Bill is ready for resumption of Second Reading debate.


Encl


Prepared by


FUNG Sau-kuen, Connie
Assistant Legal Adviser
Legislative Council Secretariat
7 June 1999