XN000022-1988-07-20 — Page 36

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WEDNESDAY, JULY 20, 1988

EFFECT.

THE BILL, WHEN PASSED INTO LAW, WOULD HAVE

RETROSPECTIVE

MR LEE NOTED THAT IF THE AMENDMENT WERE NOT TO BE RETROSPECTIVE, IT WOULD ENABLE PERSONS WIIO HAVE ENGAGED LARGE AND RESPECTABLE FIRMS OF SOLICITORS, ACCOUNTANTS, OR STOCK BROKERS то DO WORK FOR THEM TO EVADE PAYMENT OF PROFESSIONAL FEES OR CHARGES AFTER THE WORK WAS DONE AND SATISFACTORILY DONE, ON THE GROUND THAT THE PARTNERSHIP IN QUESTION IS ILLEGAL, WITH A POSSIBLE RESULT THAT ANY CLAIM FOR SUCH FEES OR CHARGES BY THESE LARGE FIRMS WILL NOT BE ENTERTAINED BY A COURT OF LAW.

"I SUBMIT THAT IN THESE CIRCUMSTANCES IT WOULD NOT BE UNJUST OR UNFAIR TO THESE NON-PAYERS IF THE BILL WAS GIVEN RETROSPECTIVE EFFECT.

INDEED, IF WE LOOK AT THE OTHER SIDE OF THE COIN, IT WOULD MOST CERTAINLY BE UNJUST TO THESE LARGE AND RESPECTABLE FIRMS IF THE AMENDMENT WERE NOT TO BE RETROSPECTIVE, FOR THAT MIGHT PREVENT THEM FROM GETTING WHAT IS CLEARLY DUE TO THEN, BUT FOR AN UNFORTUNATE OVERSIGHT MANY YEARS AGO," MR LEE POINTED OUT.

HE FURTHER NOTED THAT SUBSECTION (3) OF CLAUSE 1 OF THE BILL MEANT THAT IF A DEFENDANT IN A LEGAL ACTION HAD ALREADY PLEADED IN HIS DEFENCE ON OR BEFORE JUNE 21 THIS YEAR THE POINT OF ILLEGALITY ON THE GROUND THAT THE PLAINTIFF PARTNERSHIP CONSIST OF MORE THAN 20 PARTNERS BUT HAD NOT REGISTERED THEMSELVES UNDER

SOCIETIES ORDINANCE, THEN THE ISSUE WOULD BE DETERMINED BY A COURT, AND THE AMENDMENT CONTAINED IN THE BILL WOULD NOT AFFECT THE DEFENDANT'S POINT OF LAW.

Eןןיך

THE AMENDMENT WOULD NOT ENABLE OTHER DEFENDANTS TO OTHER LEGAL ACTIONS TO TAKE THE SAME POINT AFTER JUNE 21.

AS

THE

IS

NOT

OF

OUR

"

LEE

'IN THE CIRCUMSTANCES, I AM SATISFIED THAT RETROSPECTIVE ASPECT OF THIS BILL IS RESTRICTED, IT UNREASONABLE AND DOES NOT ENCROACH UPON THE INDEPENDENCE JUDICIARY OR THE RULE OF LAW OR CAUSE INJUSTICE TO ANYBODY, MR CONCLUDED.

HIGHER STANDARDS OF WORKER SAFETY, HEALTH

•

THE PROPOSED OCCUPATIONAL SAFETY AND HEALTH COUNCIL WILL BRING ABOUT HIGHER STANDARDS OF SAFETY AND HEALTH FOR PEOPLE AT WORK, THE ACTING SECRETARY FOR EDUCATION AND MANPOWER, THE HON DOMINIC WONG, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

OCCUPATIONAL SAFETY

SPEAKING DURING THE RESUMED DEBATE ON THE AND HEALTH COUNCIL BILL 1988, MR WONG STRESSED THE COUNCIL WOULD BE AN INDEPENDENT BODY AND WOULD ENJOY THE ADVANTAGES OF SUCH INDEPENDENCE IN MATTERS SPECIFIED IN THE BILL.

THIS WOULD