TNAG-2736-FCO40-3944-Hong-Kong-role-of-the-Legislative-Council-(LEGCO)-1994 — Page 82

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

59

HONG KONG LEGISLATIVE COUNCIL

13 October 1993

香港立法局

一九九三年十月十三日

59

We propose that the Commissioner for Labour be empowered to issue codes of practice under the Factories and Industrial Undertakings Ordinance. Failure to observe a provision of the codes of practice shall not by itself render a person liable to criminal proceedings, but in any criminal proceedings, the court or magistrate may take into account any provision of a code of practice which appears to be relevant to any liability in question.

At present, the power to amend the Schedules of the Factories and Industrial Undertakings Ordinance rests with the Governor in Council. As these schedules deal only with matters of a technical nature, we propose to transfer the power to the Commissioner for Labour in order to reduce the workload of the Governor in Council.

Bill referred to the House Committee pursu

MKB 012/3

Standing Order 42(3A).

CAR

BOILERS AND PRESSURE VESSELSIN (AMENDMENT) BILL 1993

THE SECRETARY FOR EDUCATION AND MANPOWER moved the Second Reading of: "A Bill to amend the Boilers and Pressure Vessels Ordinance."

He said: Mr President, I move the Second Reading of the Boilers and Pressure Vessels (Amendment) Bill 1993.

The Bill seeks to transfer the power of making regulations under 65(1) of the Boilers and Pressure Vessels Ordinance, relating to the safety standards, numbering of boilers and pressure vessels, control of their operation and fees, from the Governor in Council to the Boilers and Pressure Vessels Authority, who is at present the Commissioner for Labour.

The Authority is already given the power to make other subsidiary legislation under the existing Ordinance, namely, to prescribe the form of a certificate of fitness and a certificate of competency and of any other relevant document under section 67 of the Ordinance. The Bill, if approved, would reduce the Executive Council's workload in making subsidiary legislation of a technical nature. Any proposed amendment to the subsidiary legislation under this Ordinance in future will continue to be laid on the table of this Council, which may by resolution amend it.

Bill referred to the House Committee pursuant to Standing Order 42(3A).

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