XCC(86)99
Page
2
(c)
revenue
that words should be substituted for "public in paragraph 14(e) of the memorandum to make it clear that taxes, rates and duties were referred to but not fees and charges.
The guidelines
3
The draft guidelines have now been discussed with the Legislative Council ad hoc group under the Chairmanship of Miss Tam. The ad hoc group is content that they should be adopted.
4
It is therefore recommended that the guidelines be adopted with the following amendments:
(a)
paragrah 14(e): delete "public revenue" > insert "taxation, rates and duties, other than fees and charges";
(b) paragraph 15:
"legislation".
insert "primary" before
The Bill
5
The ad hoc group has however referred to particular difficulties in connection with the making of subsidiary legislation.
6
The Interpretation and General Clauses Ordinance (Chapter 1) provides in section 34 that all subsidiary legislation be laid on the table of
the table of the Legislative Council, who may at the first sitting of the Council held not less than 27 days after the legislation was laid, by resolution amend such legislation. This is the negative resolution procedure.
7
the power to
In addition the legislation granting make subsidiary legislation may require that the legislation be approved by the Legislative Council in which event section 35 (positive resolution) of the Interpretation and General Clauses Ordinance applies.
8
It is the negative resolution caused the ad hoc
group difficulty. Ordinance provides no flexibility over
procedure which has Section 34 of the the date on which
intervention can take place: it has to be done at the first
sitting of the Council legislation was laid. rigidity may, at one
held not less than 27 days than 27 days The group has pointed out extreme, not allow adequate
after the that this time for
No comments yet.
Private notes are available after approval.