Legislative Council

LC Paper No. LS 69/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 27 November 1998

Legal Service Division Report on
Subsidiary Legislation Gazetted on 20 November 1998


Date of Tabling in LegCo :2 December 1998

Amendment to be made by :16 December 1998 (or 6 January 1999 if extended by resolution)



Public Health and Municipal Services Ordinance (Cap. 132)
Designation of Libraries (Urban Council Area) (No. 4) Order 1998 (L.N. 354)


This Order designates the fifth floor of Urban Council Ap Lei Chau Complex, 8 Hung Shing Street, Ap Lei Chau, Hong Kong as a library.

The effect of this Order is to vest the management and control of the Ap Lei Chau Public Library in the Provisional Urban Council and to enable the Provisional Urban Council to exercise its statutory functions in respect of this library under the Public Health and Municipal Services Ordinance (Cap. 132).

Public Health and Municipal Services Ordinance (Cap. 132)
Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 5) Order 1998 (L.N. 355)


This Order sets aside Nam Cheong Park and Yee On Street Market Rest Gorden as public pleasure grounds and provides that Cloud View Road Amenity Plot and Sham Shui Po Ferry Concourse Amenity Plot will cease to be public pleasure grounds.

Public Health and Municipal Services Ordinance (Cap. 132)
Food Business (Urban Council) (Amendment) (No. 2) Bylaw 1998 (L.N. 356)


This Bylaw amends the Food Business (Urban Council) By-laws (Cap. 132 sub. leg.) by extending the provisional licence system for restaurants to other food businesses, namely, any food factory, not being a milk factory or a frozen confection factory; any factory canteen; any siu mei or lo mei shop; any fresh provision shop or any cold store.

The effect of this Bylaw is that the Provisional Urban Council may grant a provisional licence permitting the carrying on of any of the above food businesses on any premises where the premises satisfy certain sanitary and fire safety requirements and the holder of such licence may commence business pending the issue of a full licence. Such provisional licence is valid for a period of 6 months and may be renewed on only one occasion for a period of 6 months.

Similar amendments have been made to the Food Business (Regional Council) Bylaws (Cap. 132 sub. leg.) by the Food Business (Regional Council) (Amendment) (No. 2) Bylaw 1998 (L.N. 349 of 1998) which was published in the gazette on 13 November 1998.

Public Health and Municipal Services Ordinance (Cap. 132)
Frozen Confections (Urban Council) (Amendment) Bylaw 1998 (L.N. 357)
Public Health and Municipal Services Ordinance (Cap. 132)
Milk (Urban Council) (Amendment) Bylaw 1998 (L.N. 358)


These 2 Bylaws introduce a new provisional licence system for frozen confection factories and milk factories respectively. The new system is modelled on the system adopted for food business under the Food Business (Urban Council) (Amendment) (No. 2) Bylaw 1998 (L.N. 356 of 1998).

The effect of these Bylaws is that the Provisional Urban Council may grant a provisional licence permitting any person to manufacture any frozen confection and permitting the carrying on of a business as a milk factory on any premises where the premises satisfy certain sanitary and fire safety requirements and the holder of such licence may commence business pending the issue of a full licence. Such provisional licence is valid for a period of 6 months and may be renewed on only one occasion for a period of 6 months.

Similar amendments have been made to the Frozen Confections (Regional Council) By-laws (Cap. 132 sub. leg.) and Milk (Regional Council) Bylaws (Cap. 132 sub. leg.) by the Frozen Confections (Regional Council) (Amendment) Bylaw 1998 (L.N. 350 of 1998) and Milk (Regional Council) (Amendment) Bylaw 1998 (L.N. 351 of 1998) respectively; both of which were published in the gazette on 13 November 1998.


Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
25 November 1998

LS/S/18/98-99