WEDNESDAY, JULY 9, 1986
43
GREATER FLEXIBILITY CALL FOR SUBSIDIARY LAW SUPERVISION ******
WHILE THE PRESENT PROCEDURE FOR THE SUPERVISION OF SUBSIDIARY LEGISLATION IS ACCEPTABLE IN MOST CASES, THERE ARE OCCASIONS WHEN A GREATER DEGREE OF FLEXIBILITY IS NEEDED.
THIS WAS STATED BY THE HON MARIA TAM WHEN SHE SPOKE AT THE RESUMED DEBATE ON THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 2) BILL 1986 IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
SHE SAID THE BILL HAD BEEN INTRODUCED AS A RESULT OF RECOMMENDATIONS OF A LEGISLATIVE COUNCIL AD HOC GROUP SET UP TO STUDY GUIDELINES FOR THE MAKING OF SUBSIDIARY LEGISLATION AND TO REVIEW THE PRESENT PROCEDURE FOR THE SUPERVISION OF SUBSIDIARY LEGISLATION.
MISS TAM SAID IT SOUGHT TO AMEND THE PRINCIPAL ORDINANCE TO ALLOW THE LEGISLATIVE COUNCIL TO EXTEND BY RESOLUTION THE PERIOD IN WHICH IT MIGHT INTERVENE TO AMEND A SUBSIDIARY LEGISLATION TABLED IN THE COUNCIL BY UP TO 21 DAYS AND TO INTERVENE AT ANY TIME WITHIN THE FIRST 28 DAYS AFTER A SUBSIDIARY LEGISLATION WAS TABLED.
+
SHE NOTED THAT UNDER THE CURRENT PRACTICE, A DIFFICULT SITUATION WOULD ARISE WHEN THE POTENTIAL IMPACT OF AN ITEM OF SUBSIDIARY LEGISLATION COULD NOT BE ASSESSED FULLY WITHIN THE STIPULATED TIME LIMIT OF 28 DAYS OR WHEN A LARGE NUMBER OF PUBLIC REPRESENTATIONS WERE RECEIVED AND DETAILED DISCUSSION WITH THE ADMINISTRATION HAD TO TAKE PLACE.
MISS TAM SAID: +TO GIVE THE LEGISLATIVE COUNCIL A GREATER DEGREE OF FLEXIBILITY. THE AD HOC GROUP RECOMMENDS THAT A PROVISION BE MADE TO ENABLE AN EXTENSION, IF NECESSARY, OF THE PERIOD DURING WHICH AMENDMENTS MAY BE MADE.
+NEVERTHELESS, CONSCIOUS OF THE NEED TO CONFINE THE EXTENSION TO A REASONABLE PERIOD, THE GROUP HAS AGREED TO A MAXIMUM OF 21 DAYS.
+THIS PERIOD, IN ADDITION TO THE 28 DAYS ALREADY PROVIDED FOR, SHOULD BE SUFFICIENT FOR PROPER CONSIDERATION TO BE GIVEN TO EVEN COMPLEX OR CONTROVERSIAL ITEMS.+
ON THE OTHER HAND, THE AD HOC GROUP FOUND THAT THERE WAS AN UNDESIRABLE POSSIBILITY FOR SUBSIDIARY LEGISLATION TO HAVE TAKEN EFFECT BEFORE THE LEGISLATIVE COUNCIL COULD EXERCISE ITS POWERS TO INTERVENE.
/MISS TAM ...........