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Full implementation of Buildings Energy Efficiency Ordinance hailed
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The following is issued on behalf of the Business Facilitation Advisory Committee Secretariat:

     The Administration today (July 19) briefed the Business Facilitation Advisory Committee on the latest progress in preparation for the full implementation of the Buildings Energy Efficiency Ordinance from September 21, 2012. The committee complimented the Administration for conducting a Business Impact Assessment (BIA) to help refine the regulatory proposals and reduce regulatory burden and compliance costs for businesses, especially SMEs, and engaging stakeholders concerned in thrashing out the implementation details.

     The Administration briefed the committee on the key elements of the Competition Ordinance. The committee welcomed the implementation of the legislation in phases so that the public and the business sector could familiarise themselves with the new legal requirements during the transitional period and make necessary adjustments.

     The committee reviewed the work of its three task forces. Some notable progress/developments are:

(a) The Wholesale and Retail Task Force (WRTF) noted the progress of implementation of the Nutrition Labelling Scheme. The WRTF requested the Administration to complete the review of the Small Volume Exemption (SVE) fees and effect the reduction in SVE fees for online applications as soon as possible;

(b) The WRTF welcomed the passing of the Pesticide Residues in Food Regulation, which would commence on August 1, 2014, after a two-year grace period. The WRTF appreciated the Administration's efforts to refine the regulatory regime and address the trade's concerns such as the potential impact on food supply. The Administration has agreed to continue engaging the trade in formulating the trade guidelines and provide necessary support to help food traders better understand the regulatory requirements;

(c) The provisions related to the control of health claims for orally consumed products under the Undesirable Medical Advertisements (Amendment) Ordinance 2005 have taken effect since June 1, 2012. The Administration has provided necessary assistance to facilitate the trade's understanding of the regulatory requirements and compliance;

(d) The WRTF noted that the Pharmacy and Poisons Board of Hong Kong had launched a three-month consultation exercise from July 1, 2012, to September 30, 2012, to collect views from stakeholders on the draft revised Code of Practice for Authorised Seller of Poisons with a view to ensuring that the draft Code was practicable and effective in assuring the standard of practice for all authorised sellers of poisons;

(e) The Food Business and Related Services Task Force (FRSTF) appreciated that with the adoption of measures to shorten the waiting time of hearings for liquor licensing appeals, the Municipal Services Appeals Board has generally been able to keep up with fixing the hearings on a date within 45 working days after the receipt of the appeals despite the rise in caseload and the implementation of the five-day week;

(f) The Administration's extension of e-application services from liquor licence applications to applications for other food business licences is in progress. The planned implementation will start in early 2013;

(g) The Administration briefed the FRSTF on the proposed new measures to enhance the fire safety of food premises including General Restaurants, Light Refreshment Restaurants and Factory Canteens in response to the recommendations of the Ombudsman's investigation into the Cornwall Court fire and the Efficiency Unit's Management Study on Fire Safety Control and Related Issues. To address the trade's concerns about the potential business impact of the proposed measures, the Administration will conduct a BIA in August 2012. The FRSTF suggested that the Administration should thoroughly consult the food trade and other relevant stakeholder groups about the implementation details of the proposals and fully consider their views and concerns on the likely impacts, especially on small food businesses, before finalising the proposed measures;

(h) The Task Force on Business Liaison Groups (BLGTF) welcomed the Administration's implementation of a trial scheme to relax traffic restrictions on coaches accessing the Ma Wan Park in response to the trade's request. The BLGTF requested the Administration to consider applying the relaxation on a long-term basis in its review of the trial scheme;

(i) The BLGTF welcomed the Administration's efforts to remind recreational clubs of the need to apply for restricted food permits for selling restricted food items for consumption by the club members on club premises. To facilitate the trade's application for restricted food permits, the Administration has beefed up the licensing guide;

(j) The BLGTF welcomed the Administration's clarification with the trade that it is a requirement for each food factory licensee to exhibit the licence and a related label at a conspicuous place near the entrance of a kiosk inside a cinema premises. To assist the trade, the Administration has reviewed and redesigned the application forms to allow the trade to make applications for both the nomination and cancellation of managers for food business licences on one single form instead of two separate forms; and

(k) The BLGTF welcomed the Administration's facilitation approach in processing the trade's application for exemption from the installation of a metal hood and an air-duct over electric cooking units with built-in exhaust/air cleaning features in open food counters or food rooms of licensed restaurants.

     The committee was pleased that bureaux and departments had sustained momentum in enhancing their business licensing services to assist different trades in doing business under the "Be the Smart Regulator" Programme. Major progress is highlighted below:

(a) The Social Welfare Department has enhanced the Case Management-cum-Tracking Facility to support e-processing and tracking of applications for the new disabled home licence to tie in with the commencement of the Residential Care Homes (Persons with Disabilities) Ordinance;

(b) The Companies Registry has enhanced its e-Registry (www.eregistry.gov.hk) to enable company secretarial service providers to submit electronic applications for company incorporation and filings of changes of company names, registered office addresses, directors or company secretaries and share capital information through the use of a Third Party Software Interface to save data entry efforts. The enhanced service also supports bulk submission of these electronic applications and notifications; and

(c) The Travel Agents Registry has carried out periodic site visits and inspections to travel agents to better understand their operations and financial positions. Relation Officers are engaged to carry out goodwill visits for gaining better insights into the trade's needs and concerns, which will be useful for setting up a statutory regulatory body, tentatively named the Travel Industry Authority, in a few years' time.

     Papers for the committee meeting will be available at www.gov.hk/en/business/supportenterprises/bf/advisory/index.htm for public access.

Ends/Thursday, July 19, 2012
Issued at HKT 13:41

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