||Title:||DUMPING AT SEA ORDINANCE||Gazette Number:|
|Section:||14||Heading:||Tabling technical memorandum and commencement||Version Date:|
not yet in operation
(1) The Secretary shall publish a technical memorandum issued under this Ordinance in the Gazette and lay it on the table of the Legislative Council at the next sitting after publication.
(2) Where the Secretary has laid a technical memorandum on the table of the Legislative Council, the Legislative Council may, by resolution passed at a sitting of the legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that the technical memorandum be amended in a manner consistent with the power to issue the technical memorandum.
(3) If the period for passing a resolution would, but for this subsection, expire-
the period extends to and expires on the day after the second sitting.
(a) after the end of a session of the Legislative Council or after a dissolution of the Legislative Council, but
(b) on or before the day of the second sitting of the Legislative Council in the next following session of the Legislative Council,
(4) Before the expiry of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to a technical memorandum specified therein-
(5) A resolution passed by the Legislative Council under this section is to be published in the Gazette not later than 14 days after the resolution is passed or within such further period as the Chief Executive allows in a particular case. (Amended 34 of 2000 s. 3)
(a) in the case of the period referred to in subsection (2), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiry;
(b) in the case where the period referred to in subsection (2) has been extended by virtue of subsection (3), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next following session. (Replaced 8 of 2002 s. 17)
(6) A technical memorandum published under subsection (1) is not subsidiary legislation.
(7) A technical memorandum takes effect-
(a) if the Legislative Council does not pass a resolution amending the technical memorandum, upon the expiry of the period or the period as extended, as the case may be, for passing an amending resolution; and
(b) if the Legislative Council passes a resolution amending the technical memorandum, at the beginning of the day of the publication in the Gazette of the resolution.