Bills in Progress 13 May 2016

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Bills in Progress gives you a quick summary of where various pieces of legislation are in moving to a vote, enactment – or abandonment. Consultations too.


*This will be the last issue of BiP until the LegCo session resumes in September

Bills gazetted

(1st Reading will take or took place at Wednesday Council. Bill Committees not formed yet.)

Nil

 

Passed 1st reading, Adjourned 2nd reading pending discussion

 

Private Columbaria Bill

To establish a licensing regime to regulate private columbaria operation.

Last Meeting: 29th meeting on 11th May

Next Meeting: 30th meeting on 16th May

 

Patents (Amendment) Bill 2015

To provide for standard patents by original grant; to provide for substantive examination of short term patents; to prohibit the use of certain titles and descriptions in providing patent agency services; and to make technical and miscellaneous amendments to improve the operation and presentation of the Ordinance.

Last Meeting: 8th meeting on 25th April

Next Meeting: TBA

Financial Institutions (Resolution) Bill

To establish a regime for the orderly resolution of financial institutions with a view to avoiding or mitigating the risks otherwise posed by their non-viability to the stability and effective working of the financial system of Hong Kong, including to the continued performance of critical financial functions; for that purpose to confer powers on the Insurance Authority, the Monetary Authority and the Securities and Futures Commission; to make consequential and related amendments to certain enactments; and to provide for incidental and related matters.

Last Meeting: 11th meeting on 9th May

Next Meeting: 12th meeting on 16th May

Fire Services (Amendment) Bill 2015

To empower the Chief Executive in Council to make regulations for a scheme for fire safety risk assessment, and certification on compliance with fire safety requirements, by registered fire engineers for certain premises and for regulating registered fire. engineers.

Last Meeting: 3rd meeting on 29th February

Next Meeting: 4th meeting on 24th May

Inland Revenue (Amendment) Bill 2016

To enable Hong Kong to comply with the international standard for automatic exchange of financial account information regarding tax matters

Last Meeting: 5th meeting on 26th April

Next Meeting: 6th meeting on 17th May

Employment (Amendment) Bill 2016

To amend Parts VIA and IXB of the Employment Ordinance so that, for a dismissal in any of the circumstances mentioned in its section 32A(1)(c), the employer’s agreement is not a pre-requisite for ordering reinstatement or re-engagement, a failure to comply with the order entails an additional liability to pay a further sum and a failure to pay the sum is covered by the offence under its section 43P; and to clarify, and supplement as necessary, provisions on engagement by the employer’s successor or associated company under an order for re-engagement.

Last Meeting: 4th meeting on 9th May

Next Meeting: TBA

Medical Registration (Amendment) Bill 2016

To amend the Medical Registration Ordinance to increase the number of lay persons on the Medical Council of Hong Kong and its committees; to enable the Council to establish more than one Preliminary Investigation Committee; to extend the term of registration of medical practitioners with limited registration; to change the quorum for disciplinary inquiries and increase the number of assessors; to enable solicitor or counsel to be appointed to carry out the Secretary’s duties in respect of inquiries; and to increase the number of legal advisers to the Council.

Last Meeting: 6th meeting on 9th May

Next Meeting: 7th meeting on 16th May

Bank of Communications (Hong Kong) Limited (Merger) Bill

To provide for the vesting in Bank of Communications (Hong Kong) Limited of the undertakings of the Hong Kong branch of Bank of Communications Co., Ltd. and for other related purposes.

Next Meeting: TBA

 

Bills pending resumption of 2nd reading

(Bill Committees have finished scrutinising the bills and members will vote for 2nd reading, the amendments to the Bills and then third reading during the Council meeting.)

 

Property Management Services Bill

Mandatory licensing regime which sets a minimum qualification requirement for property management companies and property management practitioners.

Kowloon Tong Church of the Chinese Christian and Missionary Alliance Incorporation (Amendment) Bill 2014

To allow the corporation to borrow or raise money with or without security.

Clearing and Settlement Systems (Amendment) Bill 2015

To establish a regulatory regime for stored value facilities and retail payment systems.

Interception of Communications and Surveillance (Amendment) Bill 2015

To provide for the revocation of device retrieval warrants, partial revocation of prescribed authorisations and additional grounds for revoking prescribed authorisations.

Human Reproductive Technology (Amendment) Bill 2015

Banning the publication or distribution of advertisements purporting to promote sex selection services through human reproductive technology procedures, whether or not the services are provided in Hong Kong.

Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Bill 2015

To include air conditioners, refrigerators, washing machines, television sets, computers, printers, scanners and monitors as regulated electrical equipments under the polluter pays principle. Manufacturers and importers of regulated electrical equipments will be required to register and pay a recycling fee.

Peak Tramway (Amendment) Bill 2015

To grant the Peak Tramways Company Limited a 10-year operating right commencing 2016.

Bankruptcy (Amendment) Bill 2015

To implement new arrangements to replace the existing abscondee regime which CFA has ruled unconstitutional previously.

Securities and Futures (Amendment) Bill 2015

To enable the Securities and Futures Commission to provide a narrow form of supervisory assistance to regulators outside Hong Kong upon request.

Inland Revenue (Amendment) (No. 3) Bill 2015

To enhance the tax appeal mechanism and improve the efficiency and effectiveness of the Board of Review (Inland Revenue Ordinance).

Chinese Permanent Cemeteries (Amendment) Bill 2015

To broaden the scope of eligible deceased persons to be interred, buried or deposited in a cemetery specified in the First Schedule to the Rules; to allow the burials of human ashes in an exhumable lot; to provide for the power to cremate unclaimed human remains; and to amend the purposes and powers of the Board of Management of the Chinese Permanent Cemeteries.

Kai Tak Cruise Terminal Bill

To provide for the designation of the Kai Tak Cruise Terminal, for its use, operation, management and control.

Promotion of Recycling and Proper Disposal (Product Container) (Amendment) Bill 2015

To provide for the collection of a recycling levy on the containers of certain products; to amend the Waste Disposal Ordinance to regulate the disposal of such containers.

Companies (Winding Up and Miscellaneous Provisions) (Amendment) Bill 2015

To increase protection of creditors; to streamline the winding up process; and to strengthen regulation under the winding up regime.

Mandatory Provident Fund Schemes (Amendment) Bill 2015

To require approved trustees to provide in the governing rules of registered schemes a default investment strategy and to invest scheme members’ accrued benefits according to the strategy in certain circumstances; to specify the requirements of the strategy; to provide for matters concerning the regulation of the strategy; to amend the publication requirement for the prescribed savings rate; to define specified working day for certain reporting obligations; to amend the offence of making a false or misleading statement; and to make consequential amendments.

Inland Revenue (Amendment) (No. 4) Bill 2015

To give profits tax concession to qualifying corporate treasury centres, to make provisions for profits tax purposes regarding interests on money borrowed from or lent to associated corporations, and to treat regulatory capital securities as debt securities; and to amend the Stamp Duty Ordinance to give stamp duty relief in relation to regulatory capital securities; and to make consequential amendments.

Eastern Harbour Crossing Legislation (Amendment) Bill 2015

To extend their application to the Eastern Harbour Crossing and incorporate the existing tolls chargeable under the Eastern Harbour Crossing Ordinance; to repeal the Eastern Harbour Crossing Ordinance and its subsidiary legislation; and to provide for transitional matters.

Electoral Legislation (Miscellaneous Amendments) (No. 2) Bill 2015

To change the period for lodging election returns; to make technical amendments concerning the lists of persons comprising certain Legislative Council functional constituencies and an Election Committee subsector, effect of inclement weather, documents relating to appointment of various agents, means of delivery of documents, postponement or adjournment of election, poll or counting, election agent’s authority and designation of polling and counting stations.

Securities and Futures (Amendment) Bill 2016

To provide for the incorporation, registration, management, operation and regulation of open-ended fund companies.

 

The Hong Kong Institute of Education (Amendment) Bill 2016

To amend The Hong Kong Institute of Education Ordinance to change the title of The Hong Kong Institute of Education; to provide for the continuation of the body corporate.

Judiciary (Five-day Week) (Miscellaneous Amendments) Bill 2016

To amend various legislation to complete implementation of a five-day week for the Judiciary of Hong Kong; and to revise certain provisions about the computation of time in relation to judicial proceedings or about the opening time of courts or court offices.

Inland Revenue (Amendment) (No. 2) Bill 2016

To amend the Inland Revenue Ordinance to give effect to the proposals concerning tax concessions in the Budget introduced by the Government for the 2016–2017 financial year; and to provide for transitional matters.

Consultations underway

Industry Consultation on Beauty Industry Draft Specifications of Competency Standards

Closing date: 15th May

Review of Statutory Minimum Wage Rate Public Consultation

Closing date: 22rd May

Hong Kong to Negotiate Free Trade Agreements with Georgia and Maldives

Closing date: 6th June

Public consultation on the Proposed Guidelines on Election-related Activities in respect of the Election Committee Subsector Elections

Closing date: 9th June

Consultation on the draft Code of Practice for Employment Agencies

Closing date: 17th June

Public Engagement Exercise on Retirement Protection

Closing date: 21st June

Public Consultation on the Development of Trade Single Window in Hong Kong

Closing date: 12th July

Consultation on Working Hours Policy Directions

Closing date: 24th July

 

Future planned consultations

Nil