LegCo Paper No. CB(2) 1342/95-96
Ref : CB2/H/5
Legislative Council House Committee
(1995/96 Session)
Minutes of 27th meeting held in the LegCo Chamber
of the Legislative Council Building
on Friday, 17 May 1996 at 4:00 p.m.
Present :
Dr Hon LEONG Che-hung, OBE, JP (Chairman)
Hon Ronald ARCULLI, OBE, JP (Deputy Chairman)
Hon Mrs Selina CHOW, OBE, JP
Hon Martin LEE, QC, JP
Hon SZETO Wah
Hon Edward S T HO, OBE, JP
Hon Mrs Miriam LAU Kin-yee, OBE, JP
Hon CHEUNG Man-kwong
Hon Frederick FUNG Kin-kee
Hon Michael HO Mun-ka
Dr Hon HUANG Chen-ya, MBE
Hon Emily LAU Wai-hing
Hon LEE Wing-tat
Hon Fred LI Wah-ming
Hon Henry TANG Ying-yen, JP
Dr Hon YEUNG Sum
Hon Christine LOH Kung-wai
Hon James TIEN Pei-chun, OBE, JP
Hon LEE Cheuk-yan
Hon CHAN Yuen-han
Hon Paul CHENG Ming-fun
Hon CHENG Yiu-tong
Dr Hon Anthony CHEUNG Bing-leung
Hon CHEUNG Hon-chung
Hon CHOY Kan-pui, JP
Hon IP Kwok-him
Hon LAU Chin-shek
Hon Ambrose LAU Hon-chuen, JP
Dr Hon LAW Cheung-kwok
Hon LAW Chi-kwong
Hon LEUNG Yiu-chung
Hon Bruce LIU Sing-lee
Hon LO Suk-ching
Hon MOK Ying-fan
Hon Margaret NG
Hon NGAN Kam-chuen
Hon SIN Chung-kai
Dr Hon John TSE Wing-ling
Hon Mrs Elizabeth WONG, CBE, ISO, JP
Absent :
Hon Allen LEE, CBE, JP
Dr Hon David K P LI, OBE, LLD (Cantab), JP
Hon NGAI Shiu-kit, OBE, JP
Hon LAU Wong-fat, OBE, JP
Hon Albert CHAN Wai-yip
Hon CHIM Pui-chung
Hon Eric LI Ka-cheung, JP
Hon James TO Kun-sun
Dr Hon Samuel WONG Ping-wai, MBE, FEng, JP
Dr Hon Philip WONG Yu-hong
Hon Howard YOUNG, JP
Hon Zachary WONG Wai-yin
Hon CHAN Kam-lam
Hon CHAN Wing-chan
Hon Andrew CHENG Kar-foo
Hon David CHU Yu-lin
Hon Albert HO Chun-yan
Hon LEE Kai-ming
Hon TSANG Kin-shing
Hon Lawrence YUM Sin-ling
In attendance :
ASG2 (Clerk to the House Committee)
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(1) Confirmation of the minutes of the last meeting held on 10.5.96
(LegCo Paper No. CB(2) 1288/95-96)
The Chairman said that under item 6(a), one of the four members who agreed to join the Bills Committee to study the Companies (Amendment) Bill 1996 should be Mr Eric LI Ka-cheung, not Mr Fred LI Wah-ming. Subject to this amendment, the minutes were confirmed.
(2) Matters arising
(a) Report on Chairmans meeting with the Chief Secretary (CS)
(i) British citizenship for wives and widows of ex-servicemen
Mr Ronald ARCULLI, deputy chairman, said that he had conveyed to CS Members shock that the Private Members Bill had been rejected in the House of Commons on 10.5.96. CS replied that the Administration had taken up the matter with the Foreign Affairs Office and Members would be kept informed of developments.
Miss Emily LAU said that according to the latest information as contained in LegCo Paper No.
CB(2) 1309/95-96, Lord Willoughby de Broke would introduce a Private Members Bill in the House of Lords in early June and then the Bill would go to the House of Commons in the middle of July. She had no objection to the arrangement, but suggested that the British Government be urged to deal with the matter as expeditiously as possible. She had also spoken to the Governor, who had written to the Foreign Secretary on Wednesday, 15.5.96.
The Chairman said that he had already written to the Prime Minister and the Shadow Foreign Secretary, pointing out that the British Government should introduce a Government Bill as soon as possible, and in the event that a Private Members Bill be introduced instead, the British Government should make every effort to facilitate its passage within this session.
(ii) Long Term Housing Strategy Review
Mr Ronald ARCULLI said that pursuant to the decision of the House Committee on 1.3.96, a letter was sent by the Chairman to CS requesting copies of papers to be considered by the Long Term Housing Strategy Review Steering Group be provided to the Panel on Housing. CS had now replied.
Mr LEE Wing-tat, chairman of the Panel on Housing, said that the Secretary for Housing had proposed a number of arrangements to address the Panels concern. These included providing the Panel with more information relevant to the review and briefing the Panel in more detail on certain topics and on the Administrations proposals before releasing a document for public consultation. The proposed arrangements would be discussed by the Panel meeting on 27.5.96.
(iii) Statements made by public officers under SO 20
In response to Miss Emily LAU, the Chairman said that he had conveyed to CS members request that in future, the Administration should, as a standard practice, make statements on matters of importance at Council sittings under SO 20 at the earliest opportunity possible. CS had replied that she would consider the matter.
(b) Inland Revenue (Amendment) (No 3) Bill 1996
The Chairman informed members that subsequent to the submission of the Law Society of Hong Kong on the Bill on 10.5.96, the Administration had withdrawn its notice to resume Second Reading debate of the Bill on 15.5.96.
The Acting Legal Adviser supplemented that the Legal Service Division would submit a further report to Members when the Administration had commented on the submission.
(c) Security and Guarding Services (Amendment) Bill 1996
The Chairman advised members that Mr CHAN Kam-lam had decided not to proceed with his Members Bill.
(3) Legal Advisers report on the subsidiary legislation tabled in the Legislative Council on 15.5.96 (gazetted on 10.5.96)
(LegCo Paper No. LS 143/95-96)
Referring members to the paper, the Acting Legal Adviser said that items 1-3 involved fee increases.
Mr Fred LI Wah-ming suggested setting up a Subcommittee to study item 1, which proposed increases in various water charges with effect from 1 July 1996.
The Chairman suggested that a Subcommittee, if set up, should study items 1-3 together. Members agreed. The following members agreed to join the Subcommittee : Mrs Selina CHOW, Mr Fred LI Wah-ming, Miss CHAN Yuen-han, Mr CHEUNG Hon-chung, Dr LAW Cheung-kwok, Mr Bruce LIU Sing-lee and Mr SIN Chung-kai.
(4) Position report on Bills Committees and Subcommittees
(LegCo Paper No. CB(2) 1299/95-96)
Members noted the report. The Chairman advised that the Bills Committee to study the Costs in Criminal Cases Bill was reactivated and would most likely need to hold only one meeting.
(5) Further business for the LegCo sitting on 22.5.96
(a) Questions
(LegCo Paper No. CB(3) 789/95-96)
20 questions (six oral and 14 written) had been tentatively scheduled.
The Chairman reminded members that Mrs Selina CHOW had taken up the question slot vacated by Mr Howard YOUNG, while Mr TSANG Kin-shing had revised the wording of his question. The Administration had been given the requisite notice to prepare replies to these questions.
(b) Bill - resumption of debate on 2nd Reading, Committee Stage and 3rd Reading
Immigration (Amendment) Bill 1996
The Chairman said that members had agreed to support resumption of the Second Reading debate on the Bill at the LegCo sitting on 22.5.96.
Miss Margaret NG said that she would seek to move an amendment to the Administrations Committee Stage amendments (CSA) to clause 2 (1AB) to clarify an ambiguity. However, the deadline for giving notice of CSA to the Bill (i.e. 7 clear days under SO 45(2)) had expired on 13.5.96, while that for
amendments to an amendment to a motion (i.e. 3 clear days as provided in the House Rules) was 17.5.96. She would have to seek the Presidents leave to waive the required notice in the former case.
Miss NG said that she had discussed the case with the President and submitted her proposed amendments in both formats for the Presidents consideration.
The Acting Legal Adviser advised members that the provision of 3 clear days notice for amendments to an amendment was intended only for motions, not CSA to a bill.
(Post-meeting note : Members have been advised on 20.5.96 vide LegCo Paper No. CB(3) 817/95-96 that the President has given leave under SO 45(2) for Miss Margaret NG to move CSA to the Bill.)
(6) Legal Advisers report on bills referred to the House Committee under Standing Order No. 42(3A)
(a) Veterinary Surgeons Registration Bill
(LegCo Paper No. LS 145/95-96)
The Acting Legal Adviser briefed members on the objects of the Bill. He also drew members attention to the concern raised by a concerned organisation on the issue of qualifications to practise. He suggested and members agreed to set up a Bills Committee to study the Bill in detail. The following members agreed to join the Bills Committee : Dr LEONG Che-hung, Dr HUANG Chen-ya, Miss CHAN Yuen-han, Mr IP Kwok-him, Mr LAW Chi-kwong, Mr MOK Ying-fan, Mr NGAN Kam-chuen and Mrs Elizabeth WONG.
(b) Public Health and Municipal Services (Amendment) Bill 1996
(LegCo Paper No. LS 146/95-96)
Members noted the Acting Legal Advisers report and agreed to support the resumption of the Second Reading debate on the Bill.
The Chairman said that should the resumption of the Second Reading debate of the Bill take place at the LegCo sitting on 29.5.96, the deadline for giving notice of Committee Stage
amendments, if any, was Monday, 20.5.96. He would discuss with the Chief Secretary the question of notice for resumption of Second Reading debate on bills.
(7) Business for the LegCo sitting on 29.5.96
(a) Questions
(LegCo Paper No. CB(3) 790/95-96)
20 questions (six oral and 14 written) had been tentatively scheduled.
(b) Statement
No statement had been notified.
(c) Government Motion
No motion had been notified.
(d) Bills - 1st and 2nd Readings
(i) Immigration (Amendment) (No 2) Bill 1996
(ii) Fire Safety (Commercial Premises) Bill
(iii) Dentists Registration (Amendment) Bill 1996
(iv) Nurses Registration (Amendment) Bill 1996
(v) Hotel Accommodation (Miscellaneous Provisions) Bill 1996
(vi) Employment (Amendment) Bill 1996
(vii) Employment (Amendment) (No 2) Bill 1996
The Chairman said that the above Bills would be introduced into LegCo on 29.5.96 and considered by the House Committee on 31.5.96.
(e) Bills - resumption of debate on 2nd Reading, Committee Stage and 3rd Reading
(i) Insurance Companies (Amendment) Bill 1996
(ii) Employees Compensation (Amendment) Bill 1996
The Chairman said that members had agreed at the last meeting to support the above Bills.
(f) Motion debate on "Political neutrality of civil servants"- to be moved by Mr SZETO Wah
Mr SZETO Wah said that he had revised the heading which did not accurately reflect the wording of his motion.
(g) Motion debate on "Legislation on fair trade"- to be moved by
Dr LAW Cheung-kwok
Dr LAW Cheung-kwok said that he had revised the wording of his motion.
The Chairman said that the deadline for giving notice of amendments to the motions, if any, was 22.5.96 and that the usual speaking arrangement should apply.
(8) Advance information on motion debates for the LegCo sitting on 5.6.96
(a) Motion debate on "Slope safety"
Mr IP Kwok-him said that he had revised the wording of his motion.
(b) Motion debate on "Increase funding for education"
Mr CHEUNG Man-kwong said that he had revised the wording of his motion.
The Chairman said that the deadlines for giving notice of, and amendments to, the above motion were 21.5.96 and 29.5.96 respectively.
(9) Reports by Panels/Bills Committees/Subcommittees
Report by the Panel on Environmental Affairs - Waste reduction
(LegCo Paper No. CB(1) 1409/95-96)
Dr John TSE Wing-ling, deputy chairman of the Panel, introduced the paper.
Members agreed to support the Panels recommendation as set out in paragraph 7 of the paper. The Chairman would raise the matter with the Chief Secretary.
(10) Any Other Business
(a) 42nd Commonwealth Parliamentary Conference in Kuala Lumpur, Malaysia between 17-25 August 1996
The Chairman said that only Mr Fred LI Wah-ming had indicated interest in attending the above conference in response to a circular issued by the Secretariat. As there were three places available, any other Members who were interested to attend should inform the Secretariat by 20.5.96.
(b) Statement in relation to the attack on Mr LEUNG Tin-wai
With the agreement of the Chairman, Miss Emily LAU raised this item for discussion.
Miss Emily LAU said that in response to the request of the journalists, she would like to seek the House Committees agreement to make a statement in relation to the brutal attack on Mr LEUNG Tin-wai, a veteran journalist. The proposed wording of the statement was tabled at the meeting (version 1). However, having discussed with a few Members before the meeting, she would like to revise the wording to express concern about the adverse effect of the incident on press freedom and personal safety of journalists (version 2).
The Chairman sought members view on Miss LAUs proposal for the House Committee to make a statement and the proposed wording of the statement.
Miss Margaret NG supported Miss LAUs proposal and the wording of version 2, as she regarded the message about press freedom important. However, she would reserve her position on version 1 which merely referred to an individual criminal case, thus conveying a different message.
While Mrs Selina CHOW agreed that the community was obviously shocked and concerned about the incident, she cautioned that version 2 had implied that the motive of the attack, which had yet to be established, was related to the victims work and press freedom. She questioned the propriety for the statement to be made in the name of the House Committee and suggested that it might be more appropriate for the statement to be made by individual LegCo Members. Her view was shared by Mr Ambrose LAU Hon-chuen.
Mr LAW Chi-kwong said that notwithstanding the cause of the incident, which was still being investigated, the impact of the incident on journalists had been well demonstrated by their actions taken since the incident. He therefore supported the House Committee to make a statement as per version 2.
Members who were in support of the House Committee to make a statement in the form of version 2 concurred with the views of Miss NG and Mr LAW.
Mr Fred LI Wah-ming pointed out that the additional message contained in version 2 was harmless because it only expressed Members "concern" about the effect of the incident on press freedom and journalists, and carried no other implications.
Mr SZETO Wah suggested a minor amendment to refine version 2 (version 3).
Mr CHENG Yiu-tong supported Miss LAUs proposal in principle, but suggested further revising the proposed wording of the statement. The Acting Legal Adviser also suggested that the words "the Police" in the last sentence be deleted. The revised wording (as indicated in version 4) was agreed by members unanimously.
(Post-meeting note : - The wording of versions 1-4 of the statement is at Appendix.
- Version 4 was issued to News Editors in the name of the House Committee immediately after the meeting.)
The meeting ended at 5:05 p.m.
Legislative Council Secretariat
22 May 1996
(Translation)
A statement by the House Committee of the Legislative Council
in relation to the attack on Mr LEUNG Tin-wai
Version 1
The House Committee of the Legislative Council is deeply shocked at the recent brutal attack on veteran journalist Mr LEUNG Tin-wai and strongly condemns the assailants for their blatant and cruel attack. This Committee wishes Mr LEUNG an early recovery and urges the Government and the Police to take all effective action to thoroughly investigate the case and spare no efforts in bringing the assailants to justice.
Version 2
The House Committee of the Legislative Council is deeply shocked at the recent brutal attack on veteran journalist Mr LEUNG Tin-wai and concerned that this incident will have a serious adverse effect on freedom of the press and the personal safety of journalists. This Committee strongly condemns the assailants for their blatant and cruel attack, wishes Mr LEUNG an early recovery and urges the Government and the Police to take all effective action to thoroughly investigate the case and spare no efforts in bringing the assailants to justice.
Version 3
The House Committee of the Legislative Council is deeply shocked at the recent brutal attack on veteran journalist Mr LEUNG Tin-wai and concerned that this incident will pose a threat to freedom of the press and the personal safety of journalists. This Committee strongly condemns the assailants for their blatant and cruel attack, wishes Mr LEUNG an early recovery and urges the Government and the Police to take all effective action to thoroughly investigate the case and spare no efforts in bringing the assailants to justice.
Version 4
The House Committee of the Legislative Council is deeply shocked at the recent brutal attack on veteran journalist Mr LEUNG Tin-wai. This incident will undoubtedly pose a threat to journalists, and will cause concern that freedom of the press will be hindered. This Committee strongly condemns the assailants for their blatant and cruel attack. We wish Mr LEUNG an early recovery and urge the Government and the Police to take all effective action to thoroughly investigate the case and spare no efforts in bringing the assailants to justice.
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