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The amendment to clause 44(2) is to remove a typing error.

A previous amendment to add a new clause 4A makes it necessary to move a consequential amendment to clause 44(1)(j). Another amendment to clause 44(1)(j) is made to make good the omission of reference to clause 26 in the Bill as drafted.

Clauses 45(1) and 45(1A)

Rules

Mr Chairman, I move the amendment as set out in para. (a) of my amendments to clause 45(1) and the addition of sub-clause (1A) to clause 45 indicated under my name in the paper circulated to Members.

Similar to my previous amendments to clause 44, I propose to make amendment as set out in para. (a) of my amendments to 45(1) and add clause 45(1A) to the Bill to the effect that all subsidiary legislation made under clause 45 should be made by positive resolution of the Legislative Council in accordance with clause 35 of the Interpretation and General Clauses Ordinance until such time as clause 6 of this 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. I repeat, it would not be possible for the Ordinance to be brought into effect until relevant items of subsidiary legislation, after being approved by the Legislative Council, are in place nor would we choose to do so.

Mr President,

As I have already indicated when moving the amendment to this clause indicated under my name, we are happy to submit all rules made under clause 45, prior to the commencement of clause 6 in its entirety, for the approval of this Council by resolution. I believe it would be superfluous to extend that power beyond that time. The Official Members will therefore vote against the amendment proposed by Mr Henry Tang.