Following is a speech by the Secretary for Planning and Lands, Mr Gordon Siu, in moving the committee stage amendments to the Adaptation of Laws (No. 11) Bill 1998 in the Legislative Council today (June 26):
I move that Schedule 1 be amended, as set out in the paper circulated to Members.
Under Article 56 para 2 of the Basic Law, the Chief Executive shall consult the Executive Council before making subsidiary legislation. In light of this provision of the Basic Law, the Government's original proposal was that where there is mention of the Governor being empowered by any section of the principal ordinance to make subsidiary legislation, all references to "Governor" should be replaced by "Chief Executive in Council".
However, this amendment may give rise to disputes which are difficult to be resolved for it may not be possible to clearly define whether or not some documents are subsidiary legislation. For this reason, we propose that all references to "Governor" be adapted as "Chief Executive", regardless of whether the making of subsidiary legislation is involved. But when the Chief Executive exercises his power to make subsidiary legislation, it should be explicitly stated in the title of the subsidiary legislation that the subsidiary legislation is made by the Chief Executive in consultation with the Executive Council in compliance with Article 56 para 2 of the Basic Law.
The Bills Committees on the Adaptation of Laws Bill 1998 and the Adaptation of Laws (No. 2) Bill 1998 have agreed to this approach of adaptation. Accordingly, section 1(c) of Schedule 1 is amended to the effect that the reference to "Governor" will be adapted to "Chief Executive", instead of "Chief Executive in Council".
Section 10(a) of Schedule 1 seeks to adapt references to "Crown" to references to "State" in a non-immunity provision. In pursuance of the approach agreed by the Bills Committee on the Adaptation of Laws (No. 16) Bill 1999, the Government will revise the references to "Crown" in non-immunity provisions to "Government" by a separate legislative exercise in the coming session in 2000-2001. Accordingly, section 10(a) of Schedule 1 is now deleted.
Madam Chairman, I beg to move.
Following is a speech by the Secretary for Planning and Lands, Mr Gordon Siu, in moving the third reading of the Adaptation of Laws (No. 11) Bill 1998 in the Legislative Council today (June 26):
The Adaptation of Laws (No. 11) Bill 1998 has passed through Committee with amendments. I move that this Bill be read the third time and do pass.
End/Monday, June 26, 2000