11
THE ONLY SERIOUS RESERVATION ABOUT THE BILL RELATES TO CLAUSE 11, MR WONG SAID,
THIS CLAUSE ENABLES THE FINANCIAL SECRETARY TO MAKE REGULATIONS AND TO GIVE DIRECTIONS AND INSTRUCTIONS FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE BILL.
HOWEVER, SUB-CLAUSE 2 OF THIS CLAUSE STATES THAT IT IS NOT NECESSARY TO PUBLISH THEM IN THE GAZETTE OR TO TABLE THEM IN THE COUNCIL.
THIS, MR WONG POINTED OUT, IS CONTRARY TO THE STATUTORY REQUIREMENT SET OUT IN SECTIONS 20 AND 34 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE.
HE SAID THE GOVERNMENT HAD EXPLAINED THAT SUCH REGULATIONS, DIRECTIONS AND INSTRUCTIONS WERE MEANT FOR INTERNAL USE AND NOT INTENDED TO FORM PART OF SUBSIDIARY LEGISLATION.
IT WAS THEREFORE AGREED TO AMEND CLAUSE 11 (1) TO REFLECT THEIR ADMINISTRATIVE NATURE AND TO DELETE CLAUSE 11 (2) WHICH WOULD NO LONGER BE NECESSARY, MR WONG POINTED OUT.
BOTH MR BROWN AND MR WONG SUPPORTED THE MOTION OF THE BILL, SUBJECT TO THE AGREED AMENDMENT.
THE FINANCIAL SECRETARY, THE HON JOHN BREMRIDGE THANKED UNOFFICIAL MEMBERS FOR THEIR COMMENTS AND CONFIRMED THAT THE AMENDMENT WAS ENTIRELY ACCEPTABLE.+
HE ALSO EXPRESSED APPRECIATION FOR THE +EXPEDITIOUS AND CAREFUL WORK WITH WHICH THE SPECIAL COMMITTEE OF UNOFFICIALS HAD EXAMINED THE TECHNICAL AND HIGHLY COMPLICATED+ BILL.
CIVIL DEBTORS SUBSIDISED IN PRISON
****
THERE ARE CURRENTLY 49 CIVIL DEBTORS IN JAIL UNDER PRISON RULES 188 TO 208, THE SECRETARY FOR SECURITY, THE HON D.G. JEAFFRESON, SAID IN THE LEGISLATIVE COUNCIL TODAY.
FORTY-SIX ARE BEING HELD IN TAI LAM CORRECTIONAL INSTITUTION, AND THREE IN TAI LAM CENTRE FOR WOMEN, MR JEAFFRESON SAID IN REPLY TO A QUESTION BY THE HON PETER C. WONG.
THE COMMISSIONER OF CORRECTIONAL SERVICES ESTIMATES THE FULL COST OF SUPPORTING AND MAINTAINING A CIVIL DEBTOR IN PRISON AT $92 A DAY, HE REPORTED.
+ IN CONTRAST, THE PRESENT RULES OF THE SUPREME COURT REQUIRE THE COURTS TO FIX WHATEVER MONTHLY ALLOWANCE THEY THINK SUFFICIENT FOR SUPPORTING AND MAINTAINING A JUDGEMENT DEBTOR, UP TO A MAXIMUM OF $50 A DAY.
+THE PERSON AT WHOSE INSTANCE THE JUDGEMENT IS BEING EXECUTED THEN HAS TO PAY THIS AMOUNT TO THE COMMISSIONER OF CORRECTIONAL SERVICES, MR JEAFFRESON EXPLAINED.
THE GOVERNMENT IS THUS SUBSIDISING EACH DEBTOR WITH AT LEAST $42 A DAY, HE ADDED.
/12