HKROI!!!
28.2
REC
25 JUN 1986
225
12
T
Taken
разва
FRIDAY, JUNE 13, 1986
GREATER FLEXIBILITY SOUGHT CONCERNING SUBSIDIARY LEGISLATION
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THE GOVERNMENT PROPOSES TO PROVIDE GREATER FLEXIBILITY IN THE PROCEDURES FOR AMENDING NEWLY MADE SUBSIDIARY LEGISLATION AFTER IT HAS BEEN LAID IN THE LEGISLATIVE COUNCIL.
DETAILS OF THE PROPOSAL WERE CONTAINED IN THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 2) BILL GAZETTED TODAY (FRIDAY).
EXPLAINING THE PURPOSE OF THE BILL, A GOVERNMENT SPOKESMAN SAID SUBSIDIARY LEGISLATION IS LEGISLATION MADE UNDER AUTHORITY DELEGATED IN AN ORDINANCE TO VARIOUS BODIES AND INDIVIDUALS SUCH AS THE EXECUTIVE COUNCIL, URBAN COUNCIL, REGIONAL COUNCIL AND THE CHIEF JUSTICE.
EXAMPLES ARE REGULATIONS MADE BY THE EXECUTIVE COUNCIL, BY-LAWS BY URBAN COUNCIL AND REGIONAL COUNCIL, RULES MADE BY THE CHIEF JUSTICE, NOTICES AND ORDERS.
THE PRESENT PROCEDURES REQUIRE SUCH LEGISLATION TO BE LAID ON THE TABLE IN THE LEGISLATIVE COUNCIL, IN CERTAIN CASES IT REQUIRES THE POSITIVE APPROVAL OF THE COUNCIL BEFORE IT TAKES EFFECT. IN OTHER CASES THE LEGISLATION WILL TAKE EFFECT ALTHOUGH THE LEGISLATIVE COUNCIL CAN INTERVENE TO AMEND IT.
THE SPOKESMAN SAID THAT THE PROCEDURES IN THESE LATTER CASES HAVE BEEN FOUND UNDULY RIGID SINCE THEY ALLOW THE LEGISLATIVE COUNCIL ONE OPPORTUNITY ONLY TO INTERVENE TO AMEND THE LEGISLATION: IT HAS TO BE DONE AT THE FIRST SITTING OF THE COUNCIL HELD NOT LESS THAN 27 DAYS AFTER THE SUBSIDIARY LEGISLATION IS LAID.
THE BILL THEREFORE PROVIDES THAT AN AMENDMENT MAY BE MADE AT ANY SITTING WITHIN 28 DAYS OF IT BEING MADE AND, IF MORE TIME IS DESIRED, FOR THE LEGISLATIVE COUNCIL BY RESOLUTION TO EXTEND THIS PERIOD BY A FURTHER 21 DAYS. THE NET EFFECT IS TO PROVIDE A PROCEDURE WHEREBY AMENDMENTS MAY BE MOVED WITHIN 49 DAYS OF LAYING.
THE SPOKESMAN EMPHASISED THAT THE AMENDMENT HAS BEEN PROPOSED ON PURELY PRACTICAL GROUNDS. IT MAKES NO CHANGE IN THE EXISTING RELATIONSHIP BETWEEN THE LEGISLATIVE COUNCIL AND THOSE BODIES AND INDIVIDUALS TO WHOM POWERS TO MAKE SUBSIDIARY LEGISLATION HAVE BEEN DELEGATED UNDER VARIOUS ORDINANCES.
THE SPOKESMAN ADDED THAT IN THE NEAR FUTURE IT IS ALSO INTENDED TO MOVE A RESOLUTION TO AMEND THE STANDING ORDERS OF THE LEGISLATIVE COUNCIL SO AS TO PROVIDE GREATER OPPORTUNITIES FOR MEMBERS OF THE COUNCIL TO SPEAK ON SUBSIDIARY LEGISLATION.
AT PRESENT THEY CAN DO SO ONLY WHEN AN AMENDMENT IS TO BE MADE THE AMENDMENT WILL ALLOW A MEMBER TO SPEAK ON ANY ITEM OF SUBSIDIARU LEGISLATION LAID BEFORE THE COUNCIL WHETHER IT IS TO BE AMENDED OR
NOT.
THE SPOKESMAN
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