XN000022-1995-07-24 — Page 5

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Approval of subsidiary legislation

Government has always agreed that there should be full consultation with LegCo Members when drawing up subsidiary legislation. To reflect this, the Administration will move CSAs to the effect that all subsidiary legislation made under clauses 44-45 and notice made under clause 46 should be made by positive resolution of LegCo in accordance with s. 35 of Cap. 1 until such time as clause 6 of the Bill, which requires employers to arrange registered schemes for their employees and the self-employed to make parallel arrangements, is brought into operation in its entirety.

Exemption for administrative purposes

The Administration has always been aware that certain classes of employee or self-employed person will be difficult administratively to bring into the MPF, at least initially. Even at this stage, the Administrative believe that:

(a)

(b)

domestic employees, irrespective of their place of origin; and

self-employed hawkers,

should be provided exemption under Part II of schedule 1 of the Bill, and we shall move an amendment to that effect. Where a domestic employee opts to contribute, however, he or she will be able to do so, and the employer must then pay the matching part of the contribution.

Amendments to be moved by Hon Henry Tang

The Chairman of the Bills Committee, the Hon Henry Tang will move amendments to clauses 1(2), 6(7), 44, 45 and 46 to the effect that all subsidiary legislation, the commencement of the Ordinance, and the appointed day for the coming into operation of particular provisions of this Ordinance will be subject to the approval of the Legislative Council. The Administration urges LegCo members to vote against these amendments because:

Government will in any case be moving amendments to clauses 44 to 46 of the Bill that all subsidiary legislation made under clauses 44 and 45, and notices under clause 46, prior to the commencement of clause 6 in its entirety, will be subject to the approval of the Legislative Council.