XN000022-1994-05-11 — Page 11

WEDNESDAY, MAY 11, 1994

"THE BILL SEEKS TO MAKE THE ISSUE OF A PROHIBITION ORDER A JUDICIAL FUNCTION.

"THE

A

DISCRETION TO ISSUE SUCH AN ORDER WILL BE EXERCISED BY MAGISTRATE IF HE IS SATISFIED THAT THE TRAVEL AGENT UNDER INVESTIGATION IS LIKELY то BE ABLE ΤΟ ASSIST THE REGISTRAR IN CONNECTION WITH THE INVESTIGATION; IF THERE ARE REASONABLE GROUNDS FOR BELIEVING THAT THE TRAVEL AGENT INTENDS TO LEAVE HONG KONG; AND IF IT IS IN THE PUBLIC INTEREST TO STOP THE AGENT FROM LEAVING HONG KONG SQ THAT HE CAN ASSIST IN THE INVESTIGATION, MRS IP SAID.

THE BILL ALSO PROVIDES FOR AN APPEAL TO THE HIGH COURT AGAINST THE DECISION OF THE MAGISTRATE TO MAKE THE PROHIBITION ORDER.

"THE PROPOSED PROCEDURE FOLLOWS CLOSELY A SIMILAR PRECEDENT IN THE INLAND REVENUE (AMENDMENT) ORDINANCE WHICH WAS PASSED BY THIS COUNCIL LAST JULY,' SHE ADDED.

DEBATE ON THE BILL WAS ADJOURNED.

0

ROAD TRAFFIC ORDINANCE TO BE STREAMLINED AND UPDATED

A BILL AIMED AT STREAMLINING AND UPDATING THE ROAD TRAFFIC ORDINANCE WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY

(WEDNESDAY).

SPEAKING AT THE SECOND READING OF THE ROAD TRAFFIC (AMENDMENT} BILL 1994, THE SECRETARY FOR TRANSPORT, MR HAIDER BARMA, SAID THE BILL SOUGHT TO DELEGATE CERTAIN MINOR POWERS UNDER THE ORDINANCE FROM THE GOVERNOR-IN-COUNCIL TO THE SECRETARY FOR TRANSPORT.

HE SAID THE BILL ALSO PROVIDED FOR THE TRANSFER TO THE SECRETARY FOR TRANSPORT OF SOME OF THE GOVERNOR'S POWERS NOW CONTAINED IN THE REGULATIONS.

"AS PART OF AN ON GOING PROCESS TO SIMPLIFY PROCEDURES AND SPEED-UP ACTION, THE ADMINISTRATION HAS BEEN EXAMINING EXISTING LEGISLATION TO IDENTIFY POWERS, FOR EXAMPLE THOSE RELATING то TECHNICAL, OPERATIONAL OR OTHER ROUTINE MATTERS, TO BE DELEGATED FROM THE GOVERNOR-IN-COUNCIL TO THE RELEVANT BRANCH SECRETARY.

"IN THE ROAD TRAFFIC ORDINANCE, POWERS TO AMEND THE ROAD USERS' CODE AND MOST SUBSIDIARY ROAD TRAFFIC LEGISLATION FALL WITHIN THIS CATEGORY, MR BARMA SAID.

P

THAT

WILL

"NOTWITHSTANDING THESE DELEGATIONS, I SHOULD EMPHASISE SUBSIDIARY LEGISLATION MADE BY THE SECRETARY FOR TRANSPORT CONTINUE, AS AT PRESENT, TO BE SUBJECT TO CONSIDERATION BY THE LEGISLATIVE COUNCIL," HE SAID.

/THE RILL