XN000022-1985-07-24 — Page 17

WEDNESDAY, JULY 24, 1985

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THE ATTORNEY GENERAL RECALLED THAT NEW REMEDIES WHICH ASSISTED LITIGANTS WERE DEVELOPED IN THE MID-SEVENTIES BY THE COURTS IN ENGLAND SO THAT THEIR ACTION IN COURT WOULD NOT BE FRUITLESS.

+SINCE OUR LAW IN MATTERS OF HIGH COURT JURISDICTION, PRACTICE AND PROCEDURE IS LARGELY BASED ON THE LAW IN ENGLAND, IT IS DESIRABLE THAT THOSE PROVISIONS IN THE 1981 ACT SHOULD BE FOLLOWED HERE, AS THIS BILL PROPOSES.

*THE EFFECT ON THE BILL WILL BE TO GIVE STATUTORY AUTHORITY TO THESE POWERS EVOLVED BY THE COURTS. IT SUBSTANTIALLY STATES THE EXISTING LAW AND PRACTICE, HE SAID.

MR MATHEWS POINTED OUT THAT THE BILL ALSO MADE IT CLEAR THAT AN ORDER TO PREVENT THE REMOVAL OF ASSETS MAY BE MADE AGAINST PERSONS WHETHER THEY WERE IN HONG KONG OR NOT.

+THE BAR ASSOCIATION, THE LAW SOCIETY, THE LAW DEPARTMENT OF THE UNIVERSITY OF HONG KONG AND THE JUDICIARY HAVE ALL BEEN CONSULTED OVER THIS BILL AND IT HAS THE IR SUPPORT, HE NOTED.

DEBATE ON THE BILL WAS ADJOURNED.

MOVE TO BAN SALE OF HARMFUL LIVE POULTRY

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THE PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) (NO. 2) BILL 1985 WAS NECESSARY BECAUSE OF THE NEED TO MAKE REGULATIONS TO PROHIBIT THE SALE BY RETAIL OF LIVE POULTRY CONTAINING HARMFUL HORMONE RESIDUES, THE SECRETARY FOR HEALTH AND WELFARE, THE HON CHAU TAK-HAY, SAID TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE BILL, MR CHAU SAID THAT UNDER THE PUBLIC HEALTH AND URBAN SERVICES ORDINANCE, THE DEFINITION OF FOOD EXCLUDES LIVE ANIMALS, LIVE BIRDS OR LIVE FISH. IT WAS THEREFORE NOT POSSIBLE TO MAKE REGULATIONS RELATING TO THE COMPOSITION OF FOOD UNDER SECTION 55 OF THE ORDINANCE TO COVER LIVE ANIMALS, LIVE BIRDS OR LIVE FISH.

+IN SPITE OF THE DEFINITION OF FOOD', HOWEVER, SECTION 57 OF THE ORDINANCE PROVIDES THE NECESSARY ENABLING POWER FOR REGULATIONS RELATING TO FOOD HYGIENE TO BE MADE UNDER SECTION 56 TO COVER LIVE POULTRY, LIVE REPTILES AND LIVE FISH AS IF THEY WERE FOOD, HE SAID.

THE BILL SOUGHT TO EXTEND THE COVERAGE OF SECTION 57 SO THAT THE GOVERNOR IN COUNCIL MIGHT MAKE REGULATIONS RELATING TO THE COMPOSITION OF FOOD UNDER SECTION 55 TO COVER LIVE POULTRY, LIVE REPTILES AND LIVE FISH AS IF THEY WERE FOOD.

IF THE BILL WAS APPROVED, HE ADDED, IT WAS PROPOSED TO MAKE SUCH REGULATIONS SHORTLY.

DEBATE ON THE BILL WAS ADJOURNED.

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