WEDNESDAY, MAY 11, 1994

IN ADDITION, THE BILL PROPOSED THE

REPEAL OF EXISTING REQUIREMENTS FOR THE LICENSING OF AUCTIONEERS, MARINE STORE DEALERS, MARINE HAWKERS AND TALLYCLERKS, AND THE REPEAL OF THE VENEREAL DISEASE ORDINANCE AND THE SCHOOL MEDICAL SERVICE BOARD INCORPORATION ORDINANCE, HE NOTED.

MR MATHEWS SAID ANOTHER PART OF THE BILL DEALT WITH THE REPEAL OF SIX PROVISIONS WHICH WERE CONSIDERED TO BE INCONSISTENT WITH THE BILL OF RIGHTS.

THESE RELATED TO THE POWER OF THE POLICE ΤΟ SEARCH CERTAIN PREMISES FOR STOLEN GOODS; PRESUMPTIONS OF DISHONESTY AGAINST THE DRAWERS OF DISHONOURED CHEQUES; THE AWARD OF COSTS TO AN APPELLANT WHEN AN APPEAL COURT ORDERED A RETRIAL; OFFENCES OF UNLAWFUL POSSESSION AND ASSEMBLY AT NIGHT-TIME; AND THE POWER ΤΟ IMPOSE AN ENHANCED PENALTY ON AN OFFENDER CONVICTED OF OPERATING OR MANAGING AN UNLICENSED MASSAGE ESTABLISHMENT.

THE ATTORNEY GENERAL ADDED THAT THIS BILL WAS PART OF A CONTINUOUS PROCESS OF REVIEW,

"I WILL, FROM TIME TO TIME, BE BRINGING FORWARD BILLS OF A SIMILAR NATURE IN ORDER TO IMPROVE OUR LEGAL SYSTEM AND то REPEAL OBSOLETE PROVISIONS, HE SAID.

11

DEBATE ON THE BILL WAS ADJOURNED.

0

BILL MAKING A PROHIBITION ORDER A JUDICIAL FUNCTION

*

A BILL SEEKING TO STRIKE A BALANCE BETWEEN THE PROTECTION OF OUTBOUND TRAVELLERS AND THE NEED FOR THE TRAVEL AGENTS ORDINANCE TO BE COMPATIBLE WITH THE BILL OF RIGHTS ORDINANCE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE TRAVEL AGENTS (AMENDMENT) BILL 1994, THE ACTING SECRETARY FOR TRADE AND INDUSTRY, MRS REGINA IP, TOLD THE COUNCIL THE AMENDMENT BILL SOUGHT TO ACHIEVE SO BY TRANSFERRING THE POWER TO PROHIBIT A TRAVEL AGENT FROM LEAVING HONG KONG FROM THE REGISTRAR OF TRAVEL AGENTS TO THE MAGISTRATE.

TO

THE EXISTING TRAVEL AGENTS ORDINANCE EMPOWERS THE REGISTRAR CONDUCT AN INVESTIGATION INTO THE BUSINESS OF A TRAVEL AGENT IF HE SUSPECTS THE BUSINESS OF THE TRAVEL AGENT IS BEING CARRIED AGAINST THE PUBLIC INTEREST.

HAVING DECIDED TO CONDUCT AN INVESTIGATION, THE REGISTRAR MAY REQUIRE THE MAGISTRATE TO ISSUE A PROHIBITION ORDER TO THE TRAVEL AGENT TO PROHIBIT HIM FROM LEAVING HONG KONG.

HOWEVER, MRS IP SAID THE LEGAL ADVICE HAD INDICATED THAT THE PRESENT ORDINANCE COULD BE HELD TO CONTRAVENE THE RIGHT TO LEAVE HONG KONG AND THE RIGHT TO A FAIR HEARING LAID DOWN IN THE BILL OF RIGHTS ORDINANCE.

/"THE BILL

Page 10Page 11

Share This Page