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Following is the speech by the Secretary for Financial Services, Mr Rafael Hui, in moving the committee stage amendments to the Adaptation of Laws (No.10) Bill 1998 in the Legislative Council today (Wednesday):

Madam President,

I move to amend sections 3 and 4 of Schedule 2 as set out in the paper circulated to members. Under paragraph 2 of Article 56 of the Basic Law, the Chief Executive shall consult the Executive Council before making subordinate legislation. The original proposal of the Bill sets out that for any principal ordinance, all references to "Governor" in any provision empowering the "Governor" to make subordinate legislation be amended to "Chief Executive in Council". However, whether or not an instrument is a subordinate legislation cannot be clearly defined and the controversy so caused cannot be easily settled either. To enable the adaptation programme to proceed smoothly, the Government now proposes in the Amendment to adopt a relatively "mechanical" approach under which all references to "Governor" be adapted as "Chief Executive", whether or not an enactment of subordinate legislation is involved. When the Chief Executive exercises his power to make subordinate legislation, it will be clearly stated in the title of the subordinate legislation so enacted that the Executive Council has been consulted in compliance with paragraph 2 of Article 56 of the Basic Law.

End/Wednesday, June 2, 1999

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