Legislative Council
LC Paper No. LS36/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 25 September 1998
Legal Service Division Further Report on
Fisheries Protection (Amendment) Bill 1998
Members may recall that the Legal Service Division made a report to the House Committee on 23 July 1998. At the meeting of the House Committee on 24 July 1998, we were instructed to follow up on (a) the Members' concern regarding the delegation to head of department level of the power of making subsidiary legislation involving criminal sanctions and (b) the clarification of aspects of the Bill that we were then seeking.
2. Pursuant to the aforesaid instructions, we wrote to the Administration on the outstanding matters on 27 July 1998. The first substantive reply of the Administration was received on 23 September 1998 and is attached to this report together with relevant correspondence from the Legal Service Division.
3. Having studied the clarifications on the technical aspects of the Bill, we are satisfied that the Bill is in order from the technical point of view. However, it would be a matter for Members to decide whether the justification put forward in point (f) of the letter from the Administration in answer to point (a) above is acceptable.
5. Subject to the Members' views, Second Reading debate of the Bill may be resumed.
Prepared by
KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
23 September 1998
Encl
LS/B/6/98-99
2869 9467
2877 5029
By Fax (2868 4679) and By Post
27 July 1998
Secretary for Economic Services
Economic Services Bureau
(Attn: Miss Dora Fu,
Principal Assistant Secretary
for Economic Services)
2/F, Main & East Wings
Central Government Offices
Dear Miss Fu
Fisheries Protection (Amendment) Bill 1998
At the meeting of House Committee on 23 July 1998, Members expressed concern whether it was appropriate, as a matter of principle, for a government official at head of department level to be given the powers to specify the prohibited apparatuses to be contained in the Fisheries Protection Ordinance (Cap.171) and be delegated the power to amend a schedule of an ordinance, especially where criminal sanctions were involved.
I would be grateful if you would kindly let me have your view on this issue and your proposal, if any, to address the concern, together with your reply to my earlier letter dated 10 July 1998.
Yours sincerely
(KAU Kin-wah)
Assistant Legal Adviser
LS/B/6/98-99
2869 9467
2877 5029
By Fax (2868 4679) and By Post
10 July 1998
The Secretary for Economic Services
2/F, Main & East Wings
Central Government Offices
11 Ice House Street
Central
Hong Kong
(Attn: Miss Jenny Chan,
Assistant Secretary (ES) 6)
Dear Miss Chan
Fisheries Protection (Amendment) Bill 1998
I refer to the telephone conversation between you and the undersigned earlier this week relating to the above Bill.
2. I would be grateful if you would clarify the following points :-
- Whether the amendments are intended to direct against the use of certain apparatuses only and not particular modes of destructive fishing;
- If the answer to point (a) is yes, please provide detail particulars of the class(es) or description(s) of apparatuses the use of which is intended to be prohibited (if there is a list of potential apparatuses, please specify for Members' consideration);
- If the answer to point (a) is no, please list the fishing methods intended to be covered and clarify how they may be prohibited by the provisions contained in the Bill;
- The present wording intends a blanket prohibition of the use of certain apparatuses for fishing. Please clarify whether there are certain apparatuses that may be lawfully used for fishing and unlawfully used for destructive fishing; and
- The offence as contemplated is the use of certain apparatus. Unless the offender is caught red-handed, in the majority of cases it might be difficult for the prosecution to prove a case. Has the Administration considered measures to assist the prosecution in future prosecutions?
3. I would be grateful if you would kindly let me have your reply before 16 July 1998.
Yours sincerely
(KAU Kin-wah)
Assistant Legal Adviser
