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Following is the speech by the Chief Secretary for Administration, Mrs Anson Chan, in resuming the second reading debate of the International Organizations (Privileges and Immunities) Bill in the Legislative Council today (Wednesday):

Madam President,

The International Organizations (Privileges and Immunities) Bill aims at providing a more flexible framework under which privileges and immunities conferred on an international organization may be given the force of law in Hong Kong by way of an order to be made by the Chief Executive in Council under the enabling provisions contained in the Bill.

I am grateful to the Honourable James To, Chairman of the Bills Committee, and to the members of the Committee, for their thorough consideration of the Bill. We have carefully considered the views of the Committee and have incorporated their valuable suggestions into the Committee Stage amendments which I shall move and explain in detail later this afternoon. I hope Members will support the Bill and the amendments.

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Following is the speech by the Chief Secretary for Administration, Mrs Anson Chan, in moving the committee stage amendments to the International Organizations (Privileges and Immunities) Bill in the Legislative Council today (Wednesday):

Madam Chairman,

I move that clauses 3, 4, 5, 8 and 15 of the Bill be amended as set out in the paper circulated to Members.

When the Bills Committee scrutinized the International Organizations (Privileges and Immunities) Bill, the Administration and the Bills Committee discussed clause 3(2) of the Bill, which provided that section 34 of the Interpretation and General Clauses Ordinance would not apply to the orders to be made by the Chief Executive in Council under clause 3(1) of the Bill. The purpose of clause 3(2) was to ensure that the privileges and immunities conferred upon international organizations by those orders were consistent with the international rights and obligations of the Central People's Government. However, after taking into account the opinion of the Bills Committee, the Administration's considered view is that section 34(2) of the Interpretation and General Clauses Ordinance already provides that the Legislative Council may amend subsidiary legislation only "in any manner whatsoever consistent with the power to make such subsidiary legislation". We believe that the Legislative Council would not act in any way that is ultra vires.

On this basis, the Administration agrees that clause 3(2) of the Bill is not necessary, and should be repealed, consequential amendments to clauses 4, 5 and 8.

Furthermore, since the Cross-Harbour Tunnel (Passage Tax) Ordinance has been repealed subsequent to the introduction of this Bill, the proposed Committee Stage amendments will also repeal clause 15 of this Bill which provides for consequential amendments to the Ordinance.

Thank you, Madam Chairman.

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Following is the speech by the Chief Secretary for Administration, Mrs Anson Chan, in moving the third reading of the International Organizations (Privileges and Immunities) Bill in the Legislative Council today (Wednesday):

Madam President,

The International Organizations (Privileges and Immunities) Bill has passed through Committee with amendments. I move that this Bill be read the Third time and do pass.

End/Wednesday, March 1, 2000

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