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(1)Confirmation of the minutes of the last meeting held on 14.6.96

(LegCo Paper No. CB(2) 1623/95-96)

The minutes were confirmed.

(2)Matters arising

(a) Report on Chairman's meeting with the Chief Secretary

(i) Review of advisory and statutory bodies

The Chairman referred members to the Acting Chief Secretary's reply on the subject tabled at the meeting (Appendix). The Panel on Home Affairs would follow up the matter.

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(ii) Briefing by the Chief Secretary

The Chairman said that as agreed with the Chief Secretary, he had sought the President's permission for him to raise an urgent oral question under SO 17(4) on the Chief Secretary's recent visit to North America at the LegCo sitting on 26.6.96.

Members noted that Dr YEUNG Sum had given notice to ask an oral question on a similar subject at the LegCo sitting on 3.7.96, and that he could change his question before the deadline of 25.6.96 for giving notice of questions.

(iii) Progress of Bills Committees

The Chairman said that the Chief Secretary was concerned about the progress of the work of the Bills Committees on Buildings (Amendment) (No 3) Bill 1995, Prevention of Bribery (Miscellaneous Provisions) (No 2) Bill 1995 and Factories and Industrial Undertakings (Amendment) Bill 1996, and hoped that Members concerned could expedite their scrutiny work.

(Post-meeting note : The first two Bills Committees will report to the House Committee on 28.6.96.)

(b) House of Commons debate on Hong Kong

The Chairman said that according to the latest information from the LegCo London Office, both the Conservative Party and the Labour Party had no objection to holding such a debate. In response to Miss Emily LAU, he said that he had already written to the Foreign Secretary conveying members' wish that a debate on Hong Kong should be held before the summer recess.

Members agreed that the LegCo London Office be requested to watch the development and keep members informed.

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(c) Dangerous Drugs (Amendment) Regulation 1996

(LegCo Paper No. LS 175/95-96)

Members agreed to support the Regulation, subject to the proposed amendment to be moved by the Administration.

(3)Legal Adviser's report on the subsidiary legislation to be tabled in the Legislative Council on 26.6.96 (gazetted on 14.6.96)

(LegCo Paper No. LS 171/95-96)

Members agreed to support the subsidiary legislation.

(4)Position report on Bills Committees and Subcommittees

(LegCo Paper No. CB(2) 1625/95-96)

Members noted the report and that two Subcommittees would be reporting to this meeting.

(5)Further business for the LegCo sitting on 26.6.96

Motions

(a) Resolution under section 34(4) of the Interpretation and General Clauses Ordinance (Cap 1) in relation to the Sewage Services (Sewage Charge) (Amendment) Regulation 1996 and Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 1996 - to be moved by Dr John TSE Wing-ling

Dr John TSE Wing-ling, chairman of the Subcommittee, said that the resolution sought to extend the scrutiny period of the Regulations from 26.6.96 to 3.7.96.

The Chairman advised that if the motion was passed, the deadline for giving notice of motions to amend the Regulations, if any, was 26.6.96.

(b) Resolution under section 34(4) of the Interpretation and General Clauses Ordinance (Cap 1) in relation to the Hotel and Guesthouse Accommodation (Fees) (Amendment) Regulation 1996 - to be moved by Mrs Selina CHOW

Mrs Selina CHOW, chairman of the Subcommittee, said that the motion sought to extend the scrutiny period of the Regulation from 3.7.96 to 10.7.96. The Subcommittee was still awaiting comments from the hotel industry and further information from the Administration.

The Chairman advised members that if the motion was carried, the deadline for giving notice of motions to amend the Regulation, if any, was 3.7.96.

(c) Resolution under section 34(2) of the Interpretation and General Clauses Ordinance (Cap 1) in relation to the Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 1996 - to be moved by Mr James TIEN Pei-chun

Members noted that the Subcommittee had reported its deliberations at the last meeting, and that Mr James TIEN would move a motion to reduce the rate of increase of the charges on the disposal of chemical waste from the proposed 35% to 20%.

(d) Three resolutions under section 34(2) of the Interpretation and General Clauses Ordinance (Cap 1) in relation to the Sex Discrimination Ordinance (67 of 1995) (Commencement) Notice 1996, Disability Discrimination Ordinance (86 of 1995) (Commencement) Notice 1996 and District Court Equal Opportunities Rules - to be moved by Mr LEE Cheuk-yan

Mr Albert HO Chun-yan said that a number of organizations had expressed concern about the implications of Mr LEE's resolutions. He asked whether members could be given another two weeks to receive public views on Mr LEE's proposal.

The Legal Adviser said that by virtue of the two Commencement Notices under the Sex Discrimination Ordinance (SDO) and the Disability Discrimination Ordinance (DDO), those provisions relating to the establishment of the Equal Opportunities Commission (EOC) had been brought into operation. The purpose of Mr LEE's resolutions was to bring all remaining provisions in the two Ordinances into operation on 2.9.96. As Mr LEE had already extended the scrutiny period of the subsidiary legislation to 26.6.96 under section 34 of Cap 1, the period for intervention by LegCo would therefore expire on 26.6.96.

In further response to members, the Legal Adviser made the following comments:

(a) The effect of Mr LEE's resolutions was to expand the subsidiary legislation tabled by the Administration. If nothing was done by LegCo on 26.6.96, the only other situation in which LegCo could intervene was when the Administration set a commencement date for the remaining provisions of the two Ordinances and had it gazetted as a Notice.

(b) While it was technically possible for a motion to be moved to repeal the two Commencement Notices of SDO and DDO so that the Administration could appoint another commencement date and, hence, members given more time for scrutiny, the Legal Adviser reminded members that the two Commencement Notices had taken effect, and that the Government had already carried out the necessary setting-up work of EOC, including appointing its chairperson.

(c) It was possible for a Member to seek the President's permission for him to move a motion without notice to delete part (b) from Mr LEE's two resolutions, the effect of which amounted to voting against Mr LEE's resolutions.

(d) He was aware that Mr LEE's proposed commencement date of 2.9.96 was decided on after consulting various official bodies affected. Mr LEE had earlier wished to set a date towards the end of this session.

Mrs Selina CHOW agreed that the views of the Administration and the affected organizations should be obtained to facilitate members' consideration of Mr LEE's resolutions. As members would have to make a decision at the LegCo sitting on 26.6.96, she suggested that a Subcommittee be set up with a view to meeting before 26.6.96. This was agreed. The following members agreed to join : Mrs Selina CHOW, Mrs Miriam LAU Kin-yee, Mr Albert HO Chun-yan, Mr Bruce LIU Sing-lee, Mr NGAN Kam-chuen and Dr John TSE Wing-ling. Mr LEE Cheuk-yan would be advised of members' decision.

The Legal Adviser also suggested that the Administration be requested to advise members of its position on Mr LEE's proposal in writing, before 26.6.96.

(e) Resolution under section 34(2) of the Interpretation and General Clauses Ordinance (Cap 1) in relation to the Waterworks (Amendment) Regulation 1996 - to be moved by Mr Fred LI Wah-ming

Members noted that the Subcommittee had reported its deliberations at the last meeting.

(f) Motion debate on "Industrial Safety" - to be moved by
Mr TSANG Kin-shing

The Chairman advised members that the President had agreed to dispense with the notice of Mr TSANG's motion, and to extend the deadline for giving notice of any proposed amendments to the motion to 5:00 p.m. on Friday, 21.6.96.

(6)Business for the LegCo sitting on 3.7.96

(a) Questions

(LegCo Paper No. CB(3) 927/95-96)

20 questions (six oral and 14 written) had been tentatively scheduled.

(b) Statement

No statement had been notified.

(c) Government Motion

Resolution under section 100A of the Interpretation and General Clauses Ordinance (Cap 1) - to be moved by the Secretary for Financial Services

(LegCo Paper No. LS 173/95-96)

Members agreed to support the resolution.

(d) Bills - 1st and 2nd Readings

(i) Witness Protection Bill

(ii) Waste Disposal (Amendment) Bill 1996

(iii) Equal Opportunities (Family Responsibility, Sexuality and Age) Bill

(Member's Bill introduced by Mr LAU Chin-shek)

The Chairman said that the above Bills would be introduced into LegCo on 3.7.96 and considered by the House Committee on 5.7.96.

(e) Bill - resumption of debate on 2nd Reading, Committee Stage and 3rd Reading

Nurses Registration (Amendment) Bill 1996

The Chairman said that members had agreed at the last meeting to support resumption of the Second Reading debate on the above Bill.

(f) Motion debate on "Western Corridor Railway" - to be moved by Mr NGAN Kam-chuen

(g) Motion debate on "Amendments to the Basic Law" - to be moved by Dr YEUNG Sum

The Chairman said that the deadline for giving notice of amendments, if any, was 26.6.96 and that the usual speaking arrangement should apply.

(7)Advance information on motion debates for the LegCo sitting on 10.7.96

(a) Motion debate on "Review of Sewage Services Trading Fund"

Members noted the wording of Dr John TSE Wing-ling's motion.

(b) Motion debate on "Stationing of Chinese military forces in Hong Kong after 1997"

Members noted the wording of Dr Anthony CHEUNG Bing-leung's motion.

The Chairman advised members that the deadlines for giving notice of, and amendments to, the above motions were 25.6.96 and 3.7.96 respectively.

(8)Reports by Panels/Bills Committees/Subcommittees

(a) Report by the Subcommittee on Sewage Services (Sewage Charge) (Amendment) Regulation 1996 and Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 1996

Dr John TSE Wing-ling, chairman of the Subcommittee, reported that the Subcommittee had agreed unanimously not to support the Regulations because the proposed increases were too high. The Subcommittee would submit a written report to members.

Members noted that Dr TSE would move a motion at the sitting on 26.6.96 to extend the scrutiny period of the Regulations from 26.6.96 to 3.7.96.

(b) Report by the Subcommittee on two resolutions under section 7 of the Factories and Industrial Undertakings Ordinance (Cap 59) and one resolution under section 57(4) of the Sex Discrimination Ordinance (Cap 480)

Miss CHAN Yuen-han, chairman of the Subcommittee, reported on the deliberations of the Subcommittee as follows :

(i) The Subcommittee agreed to support the two resolutions under section 7 of the Factories and Industrial Undertakings Ordinance.

(ii) With the removal of statutory exceptions to prohibit the employment of women to clean any dangerous part of any machinery which was in motion in a workplace or in a construction site, the Subcommittee urged the Administration to provide adequate training to women on such work processes in order to ensure industrial safety.

(iii) On the resolution under section 57(4) of the Sex Discrimination Ordinance, although the Subcommittee was dissatisfied with the explanation given by the Administration for the slow progress on the review of the Women and Young Persons (Industry) Regulations in the past year, it reluctantly agreed to support the resolution to extend the grace period of the Regulations for another year, having regard to the legal advice that if the proposed extension was not approved by LegCo, the Regulations would be inconsistent with the Sex Discrimination Ordinance.

(iv) The Subcommittee had requested the Administration to report progress on the review of the Regulations to the Panel on Manpower on a monthly basis.

Mr LEUNG Yiu-chung supplemented that the Subcommittee had also requested the Administration to set up a working group for the review.

(9)Any Other Business

Chinese version of Standing Orders of the Legislative Council

(LegCo Papers Nos. CB(3) 881/95-96 and CB(2) 1635/95-96)

Referring to the papers, the Chairman said that the President had appointed a Working Group to translate the Standing Orders into Chinese, and that the Subcommittee on Procedural Matters had been consulted on 4.6.96.

Members did not have any comment on the draft Chinese version of Standing Orders.