Dr LAW Cheung-kwok drew Members attention to the fact that the name of Mr Bruce LIU Sing-lee had been omitted from the list of Members joining the delegation to Geneva (page 9 of the minutes refers). Subject to an amendment in this regard, the minutes were confirmed.

(2) Matters arising

(a) Delegation to observe the hearings of the United Nations Human Rights Committee

The Chairman advised Members that, of the eight Members who had joined the delegation at the last meeting, three Members had subsequently withdrawn. The delegation now comprised five Members : Ms Emily LAU (Leader of the delegation), Mr Howard YOUNG, Ms Christine LOH, Mr Andrew CHENG Kar-foo and Mr Bruce LIU Sing-lee.

(b) Seating arrangement in LegCo Chamber

Mr Edward HO said that his original proposal would need to be modified in the light of Mr Eric LIs comments. Members noted that the arrangement of seats for some other Members would be re-adjusted.

(3) Legal Advisers report on the subsidiary legislation tabled in the Legislative Council on 18.10.95

(LegCo Paper No. LS 6/95-96)

Members agreed to support the subsidiary legislation except the Land Survey (Fees) Regulation, which was related to another item being examined by the Subcommittee set up to study the subsidiary legislation gazetted from 30 June to 6 October 1995, i.e. the Land Survey Ordinance (28 of 1995) (Commencement) Notice 1995. Mr Edward HO said that he would consult the industry. Members agreed to defer decision on this item.

(4) Position report on Bills Committees and Subcommittees

(LegCo Paper No. HB 38/95-96)

Members noted the position report.

(5) Legal Advisers report on bills referred to the House Committee under Standing Order No. 42(3A)

(a) Air Passenger Departure Tax (Amendment) Bill 1995

(LegCo Paper No. LS 7/95-96)

Mr James TIEN would like to know whether the arrangement for purchasing tax coupons at hotels would also apply to Hong Kong residents. Mr Ronald ARCULLI was concerned about the possibility of forgery of the tax coupons if they could be purchased in large number in advance. Mr James TO asked if the Administration intended to extend similar collection arrangement to other types of tax. The Legal Adviser agreed to seek information from the Administration and submit a further report.

(b) Legal Aid Services Council (No. 2) Bill

(LegCo Paper No. LS 2/95-96)

The Legal Adviser reported and recommended setting up a Bills Committee to study the Bill. Miss Margaret NG concurred and said that the Bill had wide policy implications as to the future of legal aid services. The legal profession considered that the principles in this matter should be considered.

Members agreed to set up a Bills Committee. The following Members agreed to join: Mrs Miriam LAU, Mr James TO, Mr Albert HO Chun-yan, Mr Ambrose LAU Hon-chuen, Dr LAW Cheung-kwok, Miss Margaret NG and Mrs Elizabeth WONG.

(c) Prevention of Bribery (Miscellaneous Provisions) (No. 2) Bill 1995

(LegCo Paper No. LS 5/95-96)

The Legal Adviser recommended and Members agreed to set up a Bills Committee. The following Members agreed to join: Mrs Selina CHOW, Mr James TO, Mr Zachary WONG, Miss CHAN Yuen-han, Mr CHEUNG Hon-chung, Mr Albert HO Chun-yan and Mr Lawrence YUM Sin-ling.

(d) Tax Reserve Certificates (Amendment) Bill 1995

(LegCo Paper No. LS 10/95-96)

In response to Mr Edward HO, the Legal Adviser said that any certificates used to pay tax would bear interest.

Members agreed to support the Bill.

(e) Gas Safety (Amendment) (No. 2) Bill 1995

(LegCo Paper No. LS 4/95-96)

The Legal Adviser said that the Bill was in order from the legal and drafting point of view. The Bill was identical to a Bill introduced in the last session but lapsed on dissolution of the Council. Some Members of the last House Committee had expressed concern about certain aspects of the Bill.

Mr Ronald ARCULLI said that the construction industry was concerned about the Bill. He suggested and Members agreed to set up a Bill Committee. The following Members agreed to join: Mr Ronald ARCULLI, Mr James TO, Dr Samuel WONG, Mr Zachary WONG, Mr IP Kwok-him, Mr NGAN Kam-chuen and Mr TSANG Kin-shing.

(f) Bank Notes Issue (Amendment) Bill 1995

(LegCo Paper No. LS 13/95-96)

The Legal Adviser introduced the Paper. Members agreed to support the Bill which was technical in nature.

(g) Buildings (Amendment) (No. 3) Bill 1995

(LegCo Paper No. LS 8/95-96)

Referring Members to the Paper, the Legal Adviser said that the Bill had been introduced into LegCo but lapsed on dissolution of the last Council. According to the LegCo Brief issued by the Administration in October 1995, the Administration had consulted the relevant professional and other concerned bodies in the past few months and had made refinements to the Bill. However, the refinements would not address the concern of some Members of the last House Committee about the proposal to impose criminal liability on building professionals.

Mr Edward HO suggested and Members agreed to set up a Bills Committee to study the Bill. The following Members agreed to join: Mr Edward HO, Mr Ronald ARCULLI, Mr Albert CHAN Wai-yip, Dr Samuel WONG and Mr TSANG Kin-shing.

(h) Intellectual Property (World Trade Organization Amendments) Bill 1995

(LegCo Paper No. LS 12/95-96)

The Legal Adviser referred Members to the Paper and suggested setting up a Bills Committee to study the Bill which would have wide implications on the industry as well as the

public. Members agreed. The following Members agreed to join: Mrs Selina CHOW, Mr Martin LEE, Mr NGAI Shiu-kit, Dr HUANG Chen-ya, Mr James TIEN, Mr Paul CHENG Ming-fun, Mr Anthony CHEUNG Bing-leung, Mr Ambrose LAU Hon-chuen, Mr LO Suk-ching, Mr MOK Ying-fan, Miss Margaret NG and Mrs Elizabeth WONG.

(6) Business for the LegCo sitting on 2.11.95

(a) Questions

(LegCo Paper No. CB 63/95-96)

The Chairman said that 15 written questions had been tentatively scheduled. The revised questions were tabled at the meeting.

(b) Government Motions

(i) Resolution under section 29I (2) of the Stamp Duty Ordinance (Cap. 117) - to be moved by the Secretary for the Treasury

(LegCo Paper No. LS 9/95-96)

The Legal Adviser said that the purpose of the resolution was to extend for two years to 31.12.1997, the expiry date of the measure requiring payment of stamp duty upon agreement on the sale of residential property.

Mr Ronald ARCULLI was concerned whether the temporary measure introduced in December 1993 to curb speculation in residential property would become a permanent one. He suggested and Members agreed to set up a Subcommittee to study the resolution.

Having noted the advice of the Legal Adviser, Members also agreed that the Administration should be requested to defer the motion which was scheduled to be moved at the sitting on 2.11.1995 to a later date so as to allow sufficient time for the Subcommittee to consider the matter.

(ii) Resolution under sections 9 and 9A of the Criminal Procedure Ordinance (Cap. 221)

Resolution under section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) - to be moved by the Chief Secretary

(LegCo Paper No. LS 11/95-96)

Members agreed to support the resolutions.

(c) Bills - 1st and 2nd Readings

(i) Lands Tribunal (Amendment) Bill 1995

(ii) Employment (Amendment) (No. 4) Bill 1995

(iii) Costs in Criminal Cases Bill

The Chairman said that the above Bills would be introduced into LegCo on 2.11.95 and considered at the House Committee meeting on 3.11.95.

(d) Debate on Motion of Thanks

The Chairman advised that the Administration would respond to Members speeches on the Policy Address, made at the sitting to be held on 25 and 26 October 1995.

(7) Advance information on motion debates for the LegCo sitting on 8.11.95

(a) Motion debate on "Hong Kongs economy"

Members noted the wording of the motion to be moved by Mr Allen LEE.

(b) Motion debate on "Reduction of taxes"

Members noted the wording of the motion to be moved by Mr James TIEN. In response to Mr NGAN Kam-chuen, Mr TIEN said that the proposed 1.5% cut for income tax rate was meant to apply to the standard rate.

The Chairman advised Members that the deadline for giving notice of the motions and of amendments to the motions, if any, would be 23.10.95 and 31.10.95 respectively.

(8) Reports by Panels/Bills Committees/Subcommittees

Interim report by the Subcommittee to study subsidiary legislation gazetted from 30 June to 6 October 1995

(LegCo Paper No. HB 40/95-96)

Mr Ronald ARCULLI, Chairman of the Subcommittee, referred Members to the Paper and said that the Subcommittee recommended repealing the Port Control (Cargo Working Areas) (Amendment) Regulation which sought to increase PWCA fees by 20%. The Subcommittee had considered the reasons advanced by the Administration for the increases in fees and charges referred to in the 11 items of subsidiary legislation at Appendix I to the Paper and recommended freezing such fees and charges at their existing levels. These items sought to increase various fees and charges by about 18%.

The Legal Adviser supplemented that the Road Traffic Ordinance (Amendment of Schedule 8) Order 1995, one of the 11 items of subsidiary legislation, sought to increase the fees to be charged by Car Testing Centres (CTCs) i.e. private garages for inspection of private cars and light goods vehicles, and the fee charged by Government for the supply of forms of certificates of roadworthiness in respect of private cars and light goods vehicles. Of these two proposals, the Subcommittee only agreed to support the increases for the CTCs to bring them on par with those charged by Government Vehicle Examination Centres, which had been revised in June 1995.

In response to Members, Mr ARCULLI said that the Subcommittee had examined the new fees and fee increase items carefully and had supported those relating to fees payable under the Gambling Ordinance and Film Censorship Ordinance. As regards the two Municipal Councils, LegCo had previously agreed that the two Councils were autonomous in the determination of fees. The Subcommittee felt that the proposed freeze on fees and charges would help towards fighting inflation in the present state of economy and that the Government could well afford the revenue lost in view of its sound fiscal condition. He clarified that the Subcommittees recommendation was not meant to be a challenge to the cost recovery principle. There was no decision reached as regards the duration of the "freeze" and it was hoped that the Government would wait until the economy improved before it raised fees and charges.

Members who expressed their views during the discussion generally supported the recommendations of the Subcommittee.

Mr ARCULLI said that he would, in his capacity as the Chairman of the Subcommittee, move motions to repeal the regulations/orders referred to earlier on. As regards the remaining items of subsidiary legislation, some of the members of the Subcommittee had reservations on three of them and the Subcommittee would make a further report to the House Committee.

(9) Any Other Business

(a) Updating of House Rules

(LegCo Paper No. HB 9/95-96)

Members endorsed the Paper.

[The Chairman ordered that the meeting be suspended for five minutes to allow Members to consider nominations under the following items.

The meeting was re-convened at 3:48 p.m.]

(b) Subcommittees of the House Committee

(LegCo Paper No. HB 11/95-96)

Members endorsed the Paper. The Legal Adviser suggested and Members agreed that the Subcommittee on Authentic Chinese Texts be re-named as the Subcommittee on Authentic Chinese Texts of Existing Legislation to reflect its work more accurately.

The Members nominated to sit on the following Subcommittees were:

(i) Subcommittee on Procedural Matters

Ex-officio chairman : Dr LEONG Che-hung - Chairman of the House Committee

Ex-officio member : Mr Ronald ARCULLI - Deputy Chairman of the House Committee

Mr Martin LEE

Ms Emily LAU

Miss CHAN Yuen-han

Mr Anthony CHEUNG Bing-leung

Mr Ambrose LAU Hon-chuen

Mr Bruce LIU Sing-lee

(ii) Subcommittee on Authentic of Chinese Texts of Existing Legislation

Dr Philip WONG Yu-hong

Mr Ambrose LAU Hon-chuen

Miss Margaret NG

Mrs Elizabeth WONG

(iii) Subcommittee on Matters Relating to the Formation of Parliamentary Friendship Groups

Mr Allen LEE

Mr Ronald ARCULLI

Mr LI Wah-ming

Mr Paul CHENG Ming-fun

Mr Ronald ARCULLI suggested and Members agreed that circulars be issued by the Secretariat to invite other interested Members to join the Subcommittees at (ii) and (iii) above.

(c) Election of Members for appointment to the Public Accounts Committee and the Committee on Members Interests

(LegCo Paper No. CB 4/95-96)

Members endorsed the Paper. The following Members were nominated for appointment by the President to serve on these two Committees:

Public Accounts Committee

Mr Ronald ARCULLI

Mr Albert CHAN Wai-yip

Ms Emily LAU

Mr Eric LI Ka-cheung

Mr CHAN Kam-lam

Dr LAW Cheung-kwok

Mr SIN Chung-kai

Committee on Members Interests

Mrs Miriam LAU

Mr Michael Ho

Ms Emily LAU

Ms Christine LOH

Mr MOK Ying-fan

Mr NGAN Kam-chuen

Mrs Elizabeth WONG

(d) Disaster Relief Fund Advisory Committee

(LegCo Paper No. HB 13/95-96)

Mr CHEUNG Hon-chung and Mr LAU Chin-shek were nominated.

(e) Bilingual Laws Advisory Committee

(LegCo Paper No. HB 7/95-96)

Dr Philip WONG Yu-hong and Miss Margaret NG were nominated.

(f) British National (Overseas) Late Registration Appeals Advisory Committee

(LegCo Paper No. HB 24/95-96)

Ms Emily LAU and Mr James TO were nominated.

(g) Court of the University of Hong Kong

Council of the Chinese University of Hong Kong

The English Schools Foundation

(LegCo Paper No. HB 8/95-96)

Mrs Selina CHOW, Mr IP Kwok-him and LAU Chin-shek were nominated to serve on the Court of the University of Hong Kong.

Mr CHAN Kam-lam, Dr LAW Cheung-kwok and Dr John TSE Wing-ling were nominated to serve on the Council of the Chinese University of Hong Kong.

Mr Paul CHENG Ming-fun and Mr Anthony CHEUNG Bing-leung were nominated to serve on The English Schools Foundation.

(h) Tung Wah Group of Hospitals Advisory Board

Po Leung Kuk Advisory Board

(LegCo Paper No. HB 12/95-96)

Mr LI Wah-ming was nominated to serve on the Tung Wah Group of Hospitals Advisory Board. Mr David CHU Yu-lin was nominated to serve on the Po Leung Kuk Advisory Board.

(i) Processing of bills

(LegCo Paper No. HB 39/95-96)

The Chairman referred Members to the Paper. He suggested and Members agreed that the Subcommittee on

Procedural Matters be asked to consider the issues, including making recommendations to the House Committee on the priority of any bills committees on the waiting list. The recommendations of the Subcommittee would then be considered by the House Committee.

(j) Briefings by the Chief Secretary

The Chairman informed Members that in the last LegCo, briefings by the Chief Secretary had been arranged at bi-monthly intervals and open to public. At his last meeting with the Chief Secretary on 16.10.95, the Chief Secretary had said that she would like future briefings to be behind closed doors and once every quarter. Members raised no objection to the proposed arrangement.

(k) Salaries and allowances for LegCo Members

The Chairman said that since the commencement of this Council, some Members had made various comments on the use of Members operating expenses reimbursement and allowances. He invited Members view on how the matter should be further pursued.

Mr LI Wah-ming suggested setting up a working group to review the matter. Mrs Selina CHOW said that the meetings of the working group should be open to the public. The Legal Adviser suggested and Members agreed that a Subcommittee of the House Committee should be set up.

Dr YEUNG Sum said that the size of the Subcommittee should not be too large. He suggested that the membership should be representative of the groupings of Members.

Members also agreed that the Subcommittee should complete the review in one months time. To facilitate deliberation of the Subcommittee, Members should let the Subcommittee have their views on the subject in writing as soon as possible.

(l) LegCo Fun Day

(LegCo Paper No. AS 25/95-96)

Members agreed that a LegCo Fun Day should be held on 9.12.95 and that the Secretariat would take necessary follow-up action.

(m) Neighbourhood Level Community Development Projects

Mr LI Wah-ming referred Members to the Paper which set out the background. He said that following the issue of the Paper, he had received a reply from the Administration the day before. The Administration advised that the views conveyed by the former LegCo Panel on Welfare Services and House Committee would be taken into account by the Executive Council. He understood that the issue would be discussed by the Executive Council the following Tuesday, and asked the House Committee to re-affirm its previous decision to endorse the resolution of the Panel. Members agreed.

(Post-meeting note: The decision of the House Committee was conveyed by the Chairman to the Secretary for Home Affairs in writing on 21.10.95)

The meeting was adjourned at 4:28 p.m.

Legislative Council Secretariat
25 October 1995

Last Updated on {{PUBLISH AUTO[[DATE("d mmm, yyyy")]]}}

Legislative Council House Committee (1995/96 Session)

Minutes of 3rd meeting held in the LegCo Chamber of the Legislative Council Building on Friday, 20 October 1995 at 2:30 p.m.

(1) Confirmation of the minutes of the last meeting held on 13.10.95

(2) Matters arising

(a) Delegation to observe the hearings of the United Nations Human Rights Committee

(b) Seating arrangement in LegCo Chamber

(3) Legal Advisers report on the subsidiary legislation tabled in the Legislative Council on 18.10.95

(4) Position report on Bills Committees and Subcommittees

(5) Legal Advisers report on bills referred to the House Committee under Standing Order No. 42(3A)

(a) Air Passenger Departure Tax (Amendment) Bill 1995

(b) Legal Aid Services Council (No. 2) Bill

(c) Prevention of Bribery (Miscellaneous Provisions) (No. 2) Bill 1995

(d) Tax Reserve Certificates (Amendment) Bill 1995

(e) Gas Safety (Amendment) (No. 2) Bill 1995

(f) Bank Notes Issue (Amendment) Bill 1995

(g) Buildings (Amendment) (No. 3) Bill 1995

(h) Intellectual Property (World Trade Organization Amendments) Bill 1995

(6) Business for the LegCo sitting on 2.11.95

(a) Questions

(b) Government Motions

(i) Resolution under section 29I (2) of the Stamp Duty Ordinance (Cap. 117) - to be moved by the Secretary for the Treasury

(ii) Resolution under sections 9 and 9A of the Criminal Procedure Ordinance (Cap. 221)

Resolution under section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) - to be moved by the Chief Secretary

(c) Bills - 1st and 2nd Readings

(d) Debate on Motion of Thanks

(7) Advance information on motion debates for the LegCo sitting on 8.11.95

(a) Motion debate on "Hong Kongs economy"

(b) Motion debate on "Reduction of taxes"

(8) Reports by Panels/Bills Committees/Subcommittees

Interim report by the Subcommittee to study subsidiary legislation gazetted from 30 June to 6 October 1995

(9) Any Other Business

(a) Updating of House Rules

(b) Subcommittees of the House Committee

(c) Election of Members for appointment to the Public Accounts Committee and the Committee on Members Interests

(d) Disaster Relief Fund Advisory Committee

(e) Bilingual Laws Advisory Committee

(f) British National (Overseas) Late Registration Appeals Advisory Committee

(g) Court of the University of Hong Kong

Council of the Chinese University of Hong Kong

The English Schools Foundation

(h) Tung Wah Group of Hospitals Advisory Board

Po Leung Kuk Advisory Board

(i) Processing of bills

(j) Briefings by the Chief Secretary

(k) Salaries and allowances for LegCo Members

(l) LegCo Fun Day

(m) Neighbourhood Level Community Development Projects

Legislative Council House Committee
(1995/96 Session)

Minutes of 3rd meeting held in the LegCo Chamber
of the Legislative Council Building
on Friday, 20 October 1995 at 2:30 p.m.

(3) Legal Advisers report on the subsidiary legislation tabled in the Legislative Council on 18.10.95

(5) Legal Advisers report on bills referred to the House Committee under Standing Order No. 42(3A)

(a) Motion debate on "Hong Kongs economy"

(c) Election of Members for appointment to the Public Accounts Committee and the Committee on Members Interests