8
WEDNESDAY, NOVEMBER 20, 1985
THE GROUP HOWEVER RECOGNISED THE NEED FOR FLEXIBILITY, HE ADDED.
+ IN ORDER THAT THE SCOPE OF DELEGATION MAY BE EXTENDED, IF AND WHEN NECESSARY IN FUTURE, WITHOUT GOING THROUGH THE ELABORATE PROCEDURE INVOLVED IN AMENDING AN ORDINANCE, THE GROUP HAS PROPOSED THAT THE SPECIFICATION BE IN THE FORM OF A SCHEDULE TO THE BUILDINGS ORDINANCE AND THAT THE SCHEDULE MAY BE REVISED BY RESOLUTION OF THE LEGISLATIVE COUNCIL, HE SAID. MR CHENG NOTED THAT THE OTHER POINT OF CONCERN RELATED TO THE EFFECT CLAUSE 3 MIGHT HAVE ON CASES DUE TO BE HEARD IN COURT.
THE CLAUSE SOUGHT TO VALIDATE RETROSPECTIVELY THE DELEGATIONS PREVIOUSLY MADE TO OFFICERS OUTSIDE THE BUILDING DEVELOPMENT DEPARTMENT.
THE GROUP IN ITS MEETING WITH THE ADMINISTRATION WAS ASSURED THAT THERE WAS NO PENDING LITIGATION AND IT ACCEPTED THAT THE RETROSPECTIVE PROVISION WAS NECESSARY TO PUT BEYOND DOUBT THE BUILDING AUTHORITY'S POWER TO RECOVER COSTS OF WORKS WHICH HAD BEEN CARRIED OUT BY, FOR EXAMPLE, THE ENGINEERING DEVELOPMENT DEPARTMENT, ON BEHALF OF PRIVATE DEVELOPERS.
THE RELEVANT AMENDMENTS WERE MOVED BY THE HON HO SAI-CHU AT THE COMMITTEE STAGE.
DURING THE SECOND READING OF THE BILL, THE SECRETARY FOR LANDS AND WORKS, THE HON NICKY CHAN, SAID THAT IT WOULD BE INCONCEIVABLE THAT THE DIRECTOR OF BUILDING DEVELOPMENT WOULD DELEGATE HIS STATUTORY POWERS AND RESPONSIBILITIES TO A PUBLIC OFFICER WHO WAS NOT COMPETENT NOR QUALIFIED FOR THAT PURPOSE.
HE ADDED, HOWEVER, THAT HE AGREED THAT SUCH A DELEGATION SHOULD BE WRITTEN INTO THE LAW BY WAY OF A SCHEDULE, LISTING THE SPECIFIC DEPARTMENTS TO WHICH POWERS MIGHT BE DELEGATED.
PLAN TO REMOVE DIFFICULT SUBSECTION IN ORDINANCE
*****
A BILL AIMED AT REMOVING A POTENTIAL DIFFICULTY IN A SUBSECTION OF THE ARBITRATION ORDINANCE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
SAID
MOVING THE SECOND READING OF THE ARBITRATION (AMENDMENT)(NO.2) BILL 1985, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS SECTION 6B EMPOWERED THE COURT TO CONSOLIDATE TWO OR MORE ARBITRATION PROCEEDINGS ON ANY OF THE GROUNDS SPECIFIED IN SUBSECTION (1).
/+THE DIFFICULTY
Page 10Page 11