For discussion
on 18 February 1986
ANNEX A TO XCC(86)99
XCC(86) 25 Copy No.
MEMORANDUM FOR EXECUTIVE COUNCIL
GUIDELINES FOR THE MAKING OF SUBSIDIARY LEGISLATION
A
Introduction
The purpose of this memorandum is to
to seek Members' endorsement of guidelines that should be followed in deciding where the power to make or amend subsidiary legislation should lie. These guidelines were requested by the now defunct General Services Working Group of the Legislative Council.
Background
2
of
These guidelines were first requested in the summer 1985 when the General Services Working Group were considering a proposal to amend the Dangerous Goods Ordinance SO as to empower certain Heads of Departments to amend the schedules to regulations made under the Ordinance. Proposed guidelines were first put to the Council on 6 August 1985 when having considered memorandum XCC (85) 109 (Annex A), the Council advised and the Governor ordered, inter alia, that "the guidelines described in paragraph 10 of the memorandum should be reconsidered by the Attorney General' Chambers following which a further submission should be made to the Council".
3
In Hong Kong the various types of subsidiary legislation are:
(a)
regulations
subsidiary legislation of general application usually containing the working provisions of a legislative scheme. Over the past five years nearly all new regulations have been made by the Governor in Council. The exceptions to this include regulations made by the Financial Secretary, the Governor, the Commissioner for Labour (with the approval of the Legislative Council) and the Kowloon and Canton Railway (with the approval of the Governor in Council).
Common jurisdictions, the power to make regulations is vested in
in Ministers (the UK) or in the Governor in Council (Australia and Zealand);
In
other
Law
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