| LC: Speech by SCMA in moving the resumption of second reading of the Adaptation of Laws Bill 2009 |
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Following is the speech (English translation) by the Secretary for Constitutional and Mainland Affairs, Mr Stephen Lam, in moving the resumption of the second reading of the Adaptation of Laws Bill 2009 in the Legislative Council today (April 29): Acting Madam President, The Administration introduced the Adaptation of Laws Bill 2009 (the Bill) into the Legislative Council on February 11, 2009. The Bills Committee has completed its scrutiny of the Bill. I would like to express my heartfelt thanks to Mr Wong Ting-kwong, Chairman of the Bills Committee, Mr Ip Wai-ming, Vice-Chairman, all Members of the Bills Committee and colleagues of the Legislative Council Secretariat.
Purpose and content of the Bill The Bill seeks to amend four ordinances, namely, the Legislative Council Commission Ordinance, the Plant Varieties Protection Ordinance, the Patents Ordinance and the Registered Designs Ordinance, to provide that these four ordinances will, apart from the Hong Kong Special Administrative Region (HKSAR) Government, also apply to the three offices set up by the Central People's Government (CPG) in the HKSAR. These three offices are, namely, the Liaison Office of the Central People's Government in the HKSAR; the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the HKSAR; and the Hong Kong Garrison of the Chinese People's Liberation Army. Moreover, the Bill also seeks to provide in the Interpretation and General Clauses Ordinance a definition for "Offices set up by the Central People's Government in the Hong Kong Special Administrative Region", which means the three offices I just mentioned.
Policy Intention There are provisions in the Basic Law which make it clear that the offices set up by the CPG in the HKSAR and their personnel must abide by the laws of the HKSAR. According to Article 22(3), "[a]ll offices set up in the Hong Kong Special Administrative Region by departments of the Central Government, or by provinces, autonomous regions, or municipalities directly under the Central Government, and the personnel of these offices shall abide by the laws of the Region." Article 14(4) of the Basic Law also stipulates that "[i]n addition to abiding by national laws, members of the garrison shall abide by the laws of the Hong Kong Special Administrative Region." It is, therefore, very clear that the offices set up by the CPG in the HKSAR and their personnel must abide by the laws of the HKSAR. The Bill seeks to amend four ordinances, which at present expressly bind the Government but are silent on their applicability to these CPG offices. After the Bill has been enacted and come into operation, the four ordinances will expressly apply to the HKSAR Government and the offices set up by the CPG in the HKSAR. The applicability of the four ordinances to the offices set up by the CPG in the HKSAR can then be clearly affirmed pursuant to section 66(1) of the Interpretation and General Clauses Ordinance.
Discussion of the Bills Committee At the Bills Committee meeting, some Members asked whether the use of the term "offices set up by the CPG in the HKSAR" in the Bill was appropriate. At present, the CPG has set up only three offices, as I mentioned earlier, in the HKSAR. These three offices fall within the definition of "State" under the Interpretation and General Clauses Ordinance. As such, the proposed amendment sets out in the Bill is adequate to address the present situation.
Way forward As I said when moving the Second Reading, the Bill was introduced as a start. Regarding 12 other ordinances which expressly bind the Government but are silent on their applicability to the offices set up by the CPG in the HKSAR, the Government will continue to study and discuss with the relevant authorities of the CPG as to whether and how these ordinances can be made applicable to these offices. Upon reaching consensus, we will deal with the remaining ordinances in phases as appropriate.
Conclusion President, I would like to appeal to Members to support the Second Reading of the Bill. Thank you, President. Ends/Wednesday, April 29, 2009 |