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Following is the speech by the Acting Secretary for the Environment and Food, Mr Paul Tang, in moving the motion of the Provision of Municipal Services (Reorganisation) Order in the Legislative Council today (May 17).

Madam President,

I move that the Provision of Municipal Services (Reorganization) Order stated on the Order Paper be approved.

The Order makes further consequential amendments to a number of enactments and subsidiary legislation that are necessary for the better implementation of the provisions of the Provision of Municipal Services (Reorganization) Ordinance (PMS(R)O). The Order also provides for the government to draw up and audit the financial statements of the Provisional Municipal Councils (PMCs) for the period from 1 April 1999 to 31 December 1999 and cause the audited statements and reports to be tabled before the Legislative Council.

The PMS(R)O came into operation on 1 January 2000. Upon review, we find that some further consequential amendments are necessary for the better implementation of the provisions of the PMS(R)O. Under Section 11 of the PMS(R)O, the Chief Executive in Council may, by order published in the Gazette, make consequential amendments to any enactment or provisions of a transitional or savings nature as are necessary for the better carrying out of the provisions of the PMS(R)O. Therefore, we propose to make an order under Section 11 to make the consequential amendments. The amendments are set out in the Schedule to the Order. The purposes and details of individual amendments are described in the annexes to the Legislative Council Brief issued on 19 April 2000.

Briefly, the consequential amendments mainly involve the following four aspects:

(a) the rectification of inadvertent omissions from the consequential amendments under the PMS (R )O;

(b) the alignment of the English and Chinese texts of a few provisions;

(c) the transfer of certain powers from the then Secretary for Planning, Environment and Lands to the Secretary for the Environment and Food; and

(d) the transfer of certain exemptions applied to the contractors of the former PMCs to the contractors of the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department.

All these amendments are technical in nature. In order to ensure continuity in the performance of duties and functions, we propose that the consequential amendments should take effect retrospectively on 1 January 2000. I would like to stress that the retrospective effect of the amendments will not affect in a prejudicial manner the rights of any person or impose liabilities on any person in respect of anything done before the publication of the order.

Besides, the former legislation governing the operation of the PMCs provided that the financial statements of the PMCs should be audited by the Director of Audit and tabled before the Legislative Council. The PMCs were dissolved and their financial statements in respect of the period from 1 April 1999 to 31 December 1999 have not been prepared. On grounds of public accountability and transparency, we consider it desirable for the Order to provide for the financial statements for the aforesaid nine-month period to be prepared by the Director of Accounting Services. The statements will then be audited by the Director of Audit and caused to be laid before the Legislative Council by the Chief Executive.

For the better implementation of the provisions of the PMS(R)O, I beg Members to approve the Provision of Municipal Services (Reorganization) Order.

Thank you.

End/Wednesday May 17, 2000

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