TNAG-1582-FCO40-2156-Hong-Kong-law-amendment-and-reform-1986 — Page 31

HONG KONG

LEGAL REPORT

Enclosure No.

THE INTERPRETATION AND GENERAL CLAUSES

(AMENDMENT)(NO. 2) ORDINANCE 1986

(No. 39 of 1986)

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This Ordinance amends section 34 of the principal Ordinance, which provides for subsidiary legislation to be laid on the table of the Legislative Council and gives the Council power to amend legislation so laid.

2. Section 34 previously provided that the

Legislative Council could by resolution amend any subsidiary legislation at the first sitting of the Council held at least 27 days after the legislation had been laid on the table. This provision proved too inflexible. At one extreme the period of 27 days proved on occasion to be insufficient to enable the legislation to be fully considered by the Council. At the other extreme, the Council was prevented from intervening at as early a time as it might wish, particularly where subsidiary legislation achieved its whole purpose within 27 days.

3. This Ordinance enables the Legislative Council to amend subsidiary legislation at any time from the time when it is laid until one month thereafter. Power is also given to extend this period by resolution for a further 21 days.

4.

The opportunity has also been taken to clarify a number of matters -

(a) any amendments by the Legislative Council to

any subsidiary législation must be consistent with the power to make that subsidiary legislation;

(b)

subsidiary legislation that is laid near the end of a session or close to a dissolution may be amended at the first or second sitting of the next session; and