TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 19

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A200

Ord. No. 65/79

Amendment of

section 39.

Addition of new

5.

URBAN COUNCIL (AMENDMENT)

Section 39 of the principal Ordinance is amended by deleting subsection (4) and renumbering the subsection immediately preceding it as subsection (4).

6. (1) The principal Ordinance is amended by adding, after sec-

following section-

section 39A and tion 39, the

transitional provision.

Amendment of section 40.

Addition of new

"Council may revise estimates and list of works.

39A. (1) The Council may from time to time revise the estimates and list of works furnished by it under section 39(1).

(2) The Council shall, in respect of each period of 3 months commencing on the 1st days of January, April, July and October in each year, prepare and furnish to the Governor details of any estimates or list of works revised under subsection (1) during that period; and in so doing shall comply with such of the requirements of subsections (2) and (4) of section 39 as are applicable.

(3) The details mentioned in subsection (2) shall be furnished to the Governor within a period of 2 months after the expiration of the quarter to which they relate or within such further period as the Governor may allow.”.

(2) The obligation imposed on the Council by subsections (2) and (3) of section 39A (as inserted by subsection (1) of this section) shall com- mence with the details of estimates and the list of works revised during the quarter beginning on 1 July 1979.

7. Section 40 of the principal Ordinance is amended in subsections (1)(a) and (3)(b)(ii) by deleting "revenue and expenditure" and substituting the following--

"receipts and payments".

8. The principal Ordinance is amended by adding, after section 41,

sections 41A and the following sections-

41B.

"Fees for

official

signatures etc.

41A. (1) The Council may make by-laws prescribing fees, for a public officer's attending to the matters men- tioned in subsection (2), to be paid to the Council in cases where-

(a) by any enactment the Council is constituted as an

authority for the purposes of that enactment;

(b) any such matter is required or authorized by law and it is the function of a public officer on behalf of the Council to attend to it; and

(c) no fee therefor is otherwise payable to the Council and the enactment does not disallow the charging of a fee therefor.

(2) The matters referred to in subsection (1) are- (a) the signing of any certificate, authorization, consent, licence, permit or exemption, or any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, or any copy of the same; (b) the alteration, transfer, endorsement or addition to any certificate, authorization, consent, licence, permit or exemption;

(c) the certification of an extract of a document, book, record or instrument as a true extract thereof;

(d)

the issue of a duplicate of a document, as provided for in subsection (3).

Reduction etc. of fees and charges.

(Cap. 116.)

9.

URBAN COUNCIL (AMENDMENT)

Ord. No. 65/79

A201

(3) Where an enactment requires or authorizes the issue of a document by a public officer on behalf of the Council such officer may issue a duplicate thereof.

41B. (1) Without limiting any particular power of the Council in that behalf, any fee or charge payable to the Council under any enactment may be, in any particular case and on any special ground-

(a) reduced by the Council or varied by it (but not so as to cause the fee or charge as varied to exceed the original figure);

(b) remitted or refunded in whole or in part.

(2) The power in subsection (1) shall not be exercised

in respect of Urban Council rates payable under the Rating Ordinance.".

Section 49 of the principal Ordinance is amended by inserting Amendment of after paragraph (a) the following paragraph-

“(aa) any revised estimates and list of works of the Council furnished

under section 39A(2);”.

section 49.

10. Section 97 of the Interpretation and General Clauses Ordinance Consequential is amended by adding after subsection (4) the following subsection-

amendment of Interpretation

Clauses Ordinance. (Cap. 1.)

"(5) No fee shall be payable under this section for anything done and General by a public officer on behalf of the Urban Council.".

Passed by the Hong Kong Legislative Council this 1st day of August 1979.

LORNA LEUNG,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LORNA LEUNG,

Clerk to the Legislative Council.

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