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WEDNESDAY, NOVEMBER 30, 1994
OF WHETHER APPEALS
THE
THE THE
THERE WAS ALSO DISCUSSION IN THE BILLS "COMMITTEE APPEALS UNDER THE BILL COULD BE MADE TO THE ADMINISTRATIVE BOARD SET UP IN JULY THIS YEAR. WE CONSIDER THIS APPROPRIATE BECAUSE THE NATURE OF APPEALS UNDER THE BILL FALLS WITHIN THE SCOPE OF ADMINISTRATIVE APPEALS BOARD; BECAUSE THE MAJOR PROVISIONS FOR APPEAL BOARD UNDER THIS BILL ARE SIMILAR TO THOSE FOR ADMINISTRATIVE APPEALS BOARD; AND BECAUSE IT WILL BE MORE EFFICIENT IF THE ADMINISTRATIVE APPEALS BOARD HEARS THIS APPEAL AS IT HAS ALREADY BEEN ESTABLISHED AND IT IS NOT NECESSARY TO SET UP ANOTHER BOARD OF SIMILAR NATURE AND COMPOSITION. I AM PLEASED THAT THIS ALSO HAS THE SUPPORT OF THE BILLS COMMITTEE.
MR
PRESIDENT, I BELIEVE IT WILL BE HELPFUL IF I WILL AT THIS STAGE EXPLAIN BRIEFLY TO THE AMENDMENTS WHICH I WILL, MOVE AT THE COMMITTEE STAGE. THE FIRST AMENDMENT RELATES TO CLAUSE 2 OF THE BILL. SINCE APPEALS UNDER THE BILL WILL BE MADE TO THE ADMINISTRATIVE APPEALS BOARD, IT IS NOT NECESSARY TO SET UP AN APPEAL BOARD UNDER THIS BILL. WE THEREFORE PROPOSE TO DELETE THE DEFINITION OF 'APPEAL BOARD' IN CLAUSE 2. WE ALSO PROPOSE TO AMEND CLAUSE 26 (1) TO SPECIFY THAT APPEALS UNDER THE BILL WILL BE MADE TO THE ADMINISTRATIVE APPEALS BOARD; TO DELETE CLAUSES 26(2) AND 27 TO 30, WHICH PROVIDE FOR DETAILS OF THE APPEAL BOARD UNDER THE BILL; AND TO DELETE THE REFERENCE TO APPEAL BOARD AND ITS CHAIRMAN UNDER CLAUSE 35.
SUB-
THAT
MAY,
SOME
THE
CLAUSE 6 PROVIDES FOR THE FUNCTIONS OF THE AUTHORITY. CLAUSE 6(1) PROVIDES THAT THE AUTHORITY CAN SPECIFY THE CRITERIA MUST BE SATISFIED BY A PERSON BEFORE THE COMMISSIONER OF POLICE WITHOUT THE APPROVAL OF THE AUTHORITY, ISSUE A PERMIT TO HIM. MEMBERS CONSIDER IT NOT NECESSARY TO INCLUDE THE PHRASE WITHOUT APPROVAL OF THE AUTHORITY' IN THIS SUB-CLAUSE BECAUSE CLAUSE 14 HAS ALREADY PROVIDED THAT AN APPLICATION FOR A PERMIT SHALL BE MADE TO THE COMMISSIONER OF POLICE. I ACCEPT THESE POINTS AND WILL PROPOSE TO DELETE THE PHRASE. I WILL ALSO PROPOSE, AS I HAVE EARLIER EXPLAINED, TO CREATE A NEW SUB-CLAUSE 6(3) TO PROVIDE THAT THE CRITERIA FOR ISSUING PERMITS WILL BE SUBMITTED TO THIS COUNCIL, FOR APPROVAL. HOWEVER, TO ALLOW FLEXIBILITY FOR AMENDING THE CRITERIA, WE PROPOSE THAT THIS SHOULD NOT BE IN A FORM OF SUBSIDIARY LEGISLATION,
IN RESPECT OF CLAUSE 21(6), THE TERM OF "CONTROLLER" WILL BE REDEFINED TO AVOID UNCERTAINTY.
WE ALSO PROPOSE TO REPLACE THE AMOUNT OF FINES SPECIFIED IN CLAUSES 35(1), (2) AND (3) WITH THE EQUIVALENT FINE LEVELS AS SET OUT IN THE CRIMINAL PROCEDURE ORDINANCE.
THE LAST AMENDMENT, TO ITEM 1 OF SCHEDULE 3, MAKES A NUMBERING
CORRECTION.
MR PRESIDENT, WITH THESE REMARKS, I RECOMMEND THE
BILL
ΤΟ
MEMBERS.
THANK YOU, MR PRESIDENT.
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