LC Paper No. LS 7/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 10 July 1998
Legal Service Division Report on
Subsidiary Legislation Gazetted on 3 & 6 July 1998
|Date of Tabling in LegCo : ||8 July 1998
|Amendment to be made by : ||29 July 1998 (or 9 September 1998 if extended by resolution)
Waste Disposal Ordinance (Cap. 354)
Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 1998 (L.N. 260)
The Waste Disposal (Designated Waste Disposal Facility) Regulation (L.N. 197 of 1997) ("the principal Regulation") provides for the maintenance of orderly conduct within sites used for waste disposal activities; measures to counteract the evasion of charges payable in connection with the provision of waste disposal at such sites; and proof of matters in proceedings before a court in relation to the provision of waste disposal activities at such sites. Sites subject to the above control are set out in the Schedule to the principal Regulation.
This Regulation adds nine refuse transfer stations to the Schedule.
Members may refer to LegCo Brief File Ref. : PELB(E) 55/03/142 of 3 July 1998 from Planning, Environment and Lands Bureau for background information.
Shipping and Port Control Ordinance (Cap. 313)
Merchant Shipping (Launches and Ferry Vessels) (Amendment) Regulation 1998 (L.N. 261)
Shipping and Port Control Ordinance (Cap. 313)
Merchant Shipping (Miscellaneous Craft) (Amendment) Regulation 1998(L.N. 262)
Both the Merchant Shipping (Launches and Ferry Vessels) (Amendment) Regulation 1998 (L.N. 261) and Merchant Shipping (Miscellaneous Craft) (Amendment) Regulation 1998 (L.N. 262) amend their respective principal Regulations by repealing various prescribed forms currently in use for issue of licences or permits. It enables the Director of Marine to determine administratively the form of the licences or permits concerned and the conditions upon which they are issued. The Merchant Shipping (Miscellaneous Craft) (Amendment) Regulation 1998 (L.N. 262) also removes the requirement for Class II vessels leaving Hong Kong to obtain a special permit by repealing regulation 43 of and the Sixth Schedule to the principal Regulations.
Members may refer to LegCo Brief File Ref. : ECON 1/3231/80(94) VII of July 1998 from Economic Services Bureau for background information.
Fugitive Offenders Ordinance (23 of 1997)
Fugitive Offenders (New Zealand) Order (L.N. 263)
This Order applies the procedures for the surrender of fugitive offenders set out in the Fugitive Offenders Ordinance (23 of 1997) to Hong Kong and New Zealand. The Order is made in consequence of the arrangements for the surrender of fugitive offenders entered into by Hong Kong and New Zealand and signed in Hong Kong on 3 April 1998. Those arrangements are recited in the Schedule to the Order. It should be noted that those procedures are subject to the limitations, restrictions, exceptions and qualifications contained in those arrangements.
Members may refer to LegCo Brief File Ref. : SBCR 9/1/2716/80(98) Pt. 4 of July 1998 from Security Bureau 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.
Inland Revenue Ordinance (Cap. 112)
Exemption From Profits Tax (Interest Income) Order (L.N. 264)
This Order exempts from the payment of profits tax interest income received by all businesses, except financial institutions, as defined under the Inland Revenue Ordinance (Cap. 112), which are derived from deposits (including certificates of deposits) placed in Hong Kong with authorized institutions under the Banking Ordinance (Cap. 155), regardless of their currency denominations. The term �authorized institution�is defined under the Banking Ordinance to mean a bank, a restricted licence bank or a deposit-taking company. The term financial institution�is defined under the Inland Revenue Ordinance to mean an authorized institution within the meaning of the Banking Ordinance or any exempt associated corporation of such an authorized institution. The exemption would apply to the whole of the interest paid on all new deposits or renewals of existing deposits which were made on or after 22 June 1998. As for deposits which were placed or renewed before 22 June 1998, the exemption would apply to the whole of the interest accrued on or after such date until the deposits mature.
The Order further provides that under the circumstances where there are interest expenses incurred in the production of the interest income which is now exempt from the payment of tax, the amount of tax exempted should be calculated based on the interest received after deduction of all outgoings and expenses, including interest expenses, incurred in the production of such interest. The exemption does not apply to interest accrued to deposits which are used to secure or guarantee back to back loans while the interest expenses arising from such loans will continue to be deductible under sections 16(1)(a) and 16(2)(d) of the Inland Revenue Ordinance.
Members may refer to LegCo Brief File Ref. : FIN CR L/M 54/98 (with no date on the Brief) from Finance Bureau for background information.
Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.)
Road Traffic (Traffic Control) (Designation of Prohibited and Restricted Zones) Notice (L.N. 266)
This Notice designates with the approval of the Commissioner for Transport, certain areas as prohibited zones or restricted zones under regulation 14(1) of the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.), as modified by section 1 of Part V of Schedule 2 to the Airport Authority Bylaw (L.N. 10 of 1998).
Air Passenger Departure Tax (Amendment) Ordinance 1998
Air Passenger Departure Tax (Amendment) Ordinance 1998 (20 of 1998) (Commencement) Notice 1998(L.N. 267)
This Notice specifies 6 July 1998 as the day on which the Air Passenger Departure Tax (Amendment) Ordinance 1998 ( the amendment Ordinance ) to come into operation. The amendment Ordinance reduces the air passenger departure tax from $100 to $50.
Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
7 July 1998