LegCo Paper No. CB(3) 744/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 26 of 1995/96

Minutes of the sitting held on Wednesday 1 May 1996 at 2.30 p.m.


Members present:

    President : The Honourable Andrew WONG Wang-fat, O.B.E., J.P.
    The Honourable Allen LEE Peng-fei, C.B.E., J.P.
    The Honourable Mrs Selina CHOW LIANG Shuk-yee, O.B.E., J.P.
    Dr the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.
    The Honourable NGAI Shiu-kit, O.B.E., J.P.
    The Honourable SZETO Wah
    The Honourable LAU Wong-fat, O.B.E., J.P.
    The Honourable Edward HO Sing-tin, O.B.E., J.P.
    The Honourable Ronald Joseph ARCULLI, O.B.E., J.P.
    The Honourable Mrs Miriam LAU Kin-yee, O.B.E., J.P.
    Dr the Honourable Edward LEONG Che-hung, O.B.E., J.P.
    The Honourable Albert CHAN Wai-yip
    The Honourable CHEUNG Man-kwong
    The Honourable CHIM Pui-chung
    The Honourable Frederick FUNG Kin-kee
    The Honourable Michael HO Mun-ka
    Dr the Honourable HUANG Chen-ya, M.B.E.
    The Honourable Emily LAU Wai-hing
    The Honourable LEE Wing-tat
    The Honourable Eric LI Ka-cheung, J.P.
    The Honourable Fred LI Wah-ming
    The Honourable Henry TANG Ying-yen, J.P.
    The Honourable James TO Kun-sun
    Dr the Honourable Samuel WONG Ping-wai, M.B.E., F.Eng., J.P.
    Dr the Honourable Philip WONG Yu-hong
    The Honourable Howard YOUNG, J.P.
    The Honourable Zachary WONG Wai-yin
    The Honourable Christine LOH Kung-wai
    The Honourable James TIEN Pei-chun, O.B.E., J.P.
    The Honourable CHAN Kam-lam
    The Honourable CHAN Wing-chan
    The Honourable CHAN Yuen-han
    The Honourable Andrew CHENG Kar-foo
    The Honourable Paul CHENG Ming-fun
    The Honourable CHENG Yiu-tong
    Dr the Honourable Anthony CHEUNG Bing-leung
    The Honourable CHEUNG Hon-chung
    The Honourable CHOY Kan-pui, J.P.
    The Honourable David CHU Yu-lin
    The Honourable Albert HO Chun-yan
    The Honourable IP Kwok-him
    The Honourable LAU Chin-shek
    The Honourable Ambrose LAU Hon-chuen, J.P.
    Dr the Honourable LAW Cheung-kwok
    The Honourable LAW Chi-kwong
    The Honourable LEE Kai-ming
    The Honourable LEUNG Yiu-chung
    The Honourable Bruce LIU Sing-lee
    The Honourable LO Suk-ching
    The Honourable MOK Ying-fan
    The Honourable Margaret NG
    The Honourable NGAN Kam-chuen
    The Honourable SIN Chung-kai
    The Honourable TSANG Kin-shing
    Dr the Honourable John TSE Wing-ling
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, C.B.E., I.S.O., J.P.
    The Honourable Lawrence YUM Sin-ling

Members absent:

    The Honourable Martin LEE Chu-ming, Q.C., J.P.
    Dr the Honourable YEUNG Sum
    The Honourable LEE Cheuk-yan

Public officers attending:

The Honourable Mrs Anson CHAN, C.B.E., J.P.
The Chief Secretary
The Honourable Donald TSANG Yam-kuen, O.B.E., J.P.
The Financial Secretary
The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
The Attorney General
Mr CHAU Tak-hay, C.B.E., J.P.
Secretary for Recreation and Culture
Mr Haider Hatim Tyebjee BARMA, I.S.O., J.P.
Secretary for Transport
Mr Gordon SIU Kwing-chue, J.P.
Secretary for Economic Services
Mr Dominic WONG Shing-wah, O.B.E., J.P.
Secretary for Housing
Mrs Katherine FOK LO Shiu-ching, O.B.E., J.P.
Secretary for Health and Welfare
Mr Joseph WONG Wing-ping, J.P.
Secretary for Education and Manpower
Mr Peter LAI Hing-ling, J.P.
Secretary for Security
Miss Denise YUE Chung-yee, J.P.
Secretary for Trade and Industry
Mr Bowen LEUNG Po-wing, J.P.
Secretary for Planning, Environment and Lands
Mr LAM Woon-kwong, J.P.
Secretary for the Civil Service
Mr Alan LAI Nin, J.P.
Secretary for the Treasury

Clerks in attendance:

    Mr Ricky FUNG Choi-cheung, Secretary General
    Mr LAW Kam-sang, Deputy Secretary General
    Miss Pauline NG Man-wah, Assistant Secretary General (1)
    Mr Ray CHAN Yum-mou, Assistant Secretary General (3)



PAPERS

The following papers were laid on the table pursuant to Standing Order 14(2):

Subsidiary Legislation

L.N. NO.

1. Grant Schools Provident Fund (Amendment) Rules 1996

162/96

2. Subsidized Schools Provident Fund (Amendment) Rules 1996

163/96

3. Official Languages (Alteration of Text) (Public Health and Municipal Services Ordinance) Order 1996

164/96

4. Air Pollution Control (Amendment) Ordinance 1993 (13 of 1993) (Commencement) Notice 1996

165/96

5. Air Pollution Control (Asbestos) (Administration) Regulation (L.N. 128 of 1996) (Commencement) Notice 1996

166/96

6. Official Languages (Authentic Chinese Text) (Public Health and Municipal Services Ordinance) Order

(C)36/96

7. Official Languages (Authentic Chinese Text) (Registrar General (Establishment) (Transfer of Functions and Repeal) Ordinance) Order

(C)37/96

Sessional Papers 1995/96

No. 79

-

Hong Kong Examinations AuthorityFinancial Statements with Programme of Activities for the year ended 31st August 1995

No. 80

-

The Government Minute in Response to the Report No. 25 of the Public Accounts Committee dated January 1996

Address

The Chief Secretary presented "The Government Minute in Response to Report No. 25 of the Public Accounts Committee dated January 1996", and addressed the Council.

QUESTIONS

Questions permitted by the President under Standing Order No. 17(4).

Dr C H LEONG asked a question concerning the Chief Secretary's recent visit to Beijing.

The Chief Secretary replied.

22 Members asked supplementaries and the Chief Secretary replied.

1. Mr LEE Wing-tat asked Question 1.

The Secretary for the Civil Service replied.

Three Members asked supplementaries and the Secretary for the Civil Service replied.

2. Mr Paul CHENG asked Question 2.

The Secretary for Trade and Industry replied.

One Member asked a supplementary and the Secretary for Trade and Industry replied.

3. Mr James TIEN asked Question 3.

The Secretary for Education and Manpower replied.

Four Members asked supplementaries and the Secretary for Education and Manpower replied.

4. Mr Allen LEE asked Question 4.

The Secretary for Security replied.

One Member asked a supplementary and the Secretary for Security replied.

5. Mr MOK Ying-fan asked Question 5.

The Secretary for Health and Welfare replied.

Four Members asked supplementaries and the Secretary for Health and Welfare replied.

6. Dr Samuel WONG asked Question 6.

The Secretary for Transport replied.

Three Members asked supplementaries and the Secretary for Transport replied.

Written replies to Questions 7 to 20 were tabled for Members’ information.

BILLS

FIRST READING

Gas Safety (Amendment) Bill 1996

Inland Revenue (Amendment) Bill 1996

Inland Revenue (Amendment) (No.2) Bill 1996

Inland Revenue (Amendment) (No.3) Bill 1996

Business Registration (Amendment) Bill 1996

Estate Duty (Amendment) Bill 1996

Stamp Duty (Amendment) Bill 1996

Motor Vehicles (First Registration Tax) (Amendment) Bill 1996 Air Passenger Departure Tax (Amendment) Bill 1996

Betting Duty (Amendment) Bill 1996

Dutiable Commodities (Amendment) (No.2) Bill 1996

The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).

SECOND READING

Gas Safety (Amendment) Bill 1996

The Secretary for Economic Services moved the second reading and addressed the Council.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debate was adjourned and the bill was referred to the House Committee.

Inland Revenue (Amendment) Bill 1996

Inland Revenue (Amendment) (No.2) Bill 1996

Inland Revenue (Amendment) (No.3) Bill 1996

Business Registration (Amendment) Bill 1996

Estate Duty (Amendment) Bill 1996

Stamp Duty (Amendment) Bill 1996

Motor Vehicles (First Registration Tax) (Amendment) Bill 1996 Air Passenger Departure Tax (Amendment) Bill 1996

The Secretary for the Treasury moved the second reading and addressed the Council on each of the above eight bills.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debates on the above bills were adjourned and the bills were referred to the House Committee.

At 4:40 p.m., the President's Deputy took the chair during the temporary absence of the President.

Betting Duty (Amendment) Bill 1996

Dutiable Commodities (Amendment) (No.2) Bill 1996

The Secretary for the Treasury moved the second reading and addressed the Council on each of the above two bills.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debates on the above bills were adjourned and the bills were referred to the House Committee.

LEGAL AID SERVICES COUNCIL (NO.2) BILL

Resumption of debate on second reading which had been moved on 18 October 1995.

Three Members spoke on the motion.

At 5:05 p.m., the President resumed the chair.

Another three Members spoke on the motion.

The Chief Secretary replied.

Question on second reading put. Mrs Miriam LAU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 33 votes for the motion and 12 votes against it. (Voting record in the Annex.) He declared that the motion on second reading was carried.

Bill read the second time and committed to a Committee of the whole Council.

KADOORIE AGRICULTURAL AID LOAN FUND (AMENDMENT) BILL 1996

Resumption of debate on second reading which had been moved on 13 March 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

INLAND REVENUE (AMENDMENT) (NO.3) BILL 1995

Resumption of debate on second reading which had been moved on 29 November 1995.

Three Members spoke on the motion.

The Secretary for the Treasury replied.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

COMMITTEE STAGE

The Council went into Committee and considered the following bills:

LEGAL AID SERVICES COUNCIL (NO.2) BILL

Question that the following clauses stand part of the bill proposed.

Question on clauses 1, 6, 7, 8, 11, 12 and 13 put and agreed to.

Mrs Miriam LAU moved amendments to clauses 2 and 4 and addressed the Committee.

Question on the amendments proposed.

The Chairman stated that the Chief Secretary had also given notice to move an amendment to clause 4. He proposed that the amendments to clauses 2 and 4 moved by Mrs LAU and the amendment to clause 4 proposed by the Chief Secretary be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the amendments moved by Mrs LAU and the amendment proposed by the Chief Secretary be debated together in a joint debate.

The Chief Secretary spoke on the amendments moved by Mrs Miriam LAU as well as her own amendment.

Mrs Miriam LAU replied.

Question on Mrs Miriam LAU's amendments to clauses 2 and 4 put and agreed to.

The Chairman stated that the Chief Secretary might not move her amendment to clause 4 since her proposed amendment was inconsistent with the decision already taken.

Question that clauses 2 and 4, as amended, stand part of the bill put and agreed to.

The Chief Secretary moved amendments to clauses 3, 5, 9 and 10 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 3, 5, 9 and 10, as amended, stand part of the bill put and agreed to.

Mrs Miriam LAU moved an amendment to clause 14 and addressed the Committee.

Question on the amendment proposed.

The Chairman stated that the Chief Secretary had also given notice to move an amendment to clause 14. He proposed that the amendment to clause 14 moved by Mrs LAU and the amendment to the same clause proposed by the Chief Secretary be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the amendment moved by Mrs LAU and the amendment proposed by the Chief Secretary be debated together in a joint debate.

The Chief Secretary spoke on the amendment moved by Mrs Miriam LAU as well as her own amendment.

The Chairman invited the Chief Secretary to speak for the second time.

Mrs Miriam LAU replied.

Question on Mrs Miriam LAU's amendment put and agreed to.

The Chairman stated that the Chief Secretary might not move her amendment to clause 14 since her proposed amendment was inconsistent with the decision already taken.

Question that clause 14, as amended, stand part of the bill put and agreed to.

KADOORIE AGRICULTURAL AID LOAN FUND (AMENDMENT) BILL 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 5 put and agreed to.

INLAND REVENUE (AMENDMENT) (NO.3) BILL 1995

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 5 and 7 to 14 put and agreed to.

The Secretary for the Treasury moved an amendment to clause 6 and addressed the Committee.

Question on the amendment proposed, put and agreed to.

Question that clause 6, as amended, stand part of the bill put and agreed to.

New clause 1A read the first time.

The Secretary for the Treasury moved the second reading of new clause 1A and addressed the Committee. Question on the second reading of new clause 1A proposed, put and agreed to.

New clause 1A read the second time.

The Secretary for the Treasury moved the addition of new clause 1A to the bill. Question on the addition proposed, put and agreed to.

The Council then resumed.

THIRD READING

The Chief Secretary reported that

the LEGAL AID SERVICES COUNCIL (NO.2) BILL

had passed through Committee with amendments. She moved that the bill be read the third time and do pass.

Question on the third reading proposed, put and agreed to.

Bill read the third time and passed.

The Secretary for Economic Services reported that

the KADOORIE AGRICULTURAL AID LOAN FUND (AMENDMENT) BILL 1996

had passed through Committee without amendment. He moved that the bill be read the third time and do pass.

Question on the third reading proposed, put and agreed to.

Bill read the third time and passed.

The Secretary for the Treasury reported that

the INLAND REVENUE (AMENDMENT) (NO.3) BILL 1995

had passed through Committee with amendments. He moved that the bill be read the third time and do pass.

Question on the third reading proposed, put and agreed to.

Bill read the third time and passed.

MEMBER'S MOTIONS

INDEBTEDNESS OF POLICE OFFICERS

Mr Ambrose LAU moved the following motion and addressed the Council:

That this Council is deeply concerned about the increasing indebtedness of police officers in recent years and, as the burden of debts on police officers would affect them in performing their duties as well as the morale and clean and honest image of the Police Force, this Council urges the Government to expeditiously inquire in depth into the reasons for the increasing borrowing by police officers and to consider and formulate policies which can effectively solve the problem, in order to boost public confidence in the Police Force and uphold its image in maintaining public order and protecting citizens.

Question on Mr Ambrose LAU's motion proposed.

Five Members and the Secretary for Security spoke on the motion.

Mr Ambrose LAU replied.

Question on the motion put and agreed to.

ELDERLY POLICY

Dr C H LEONG moved the following motion and addressed the Council:

That this Council urges the Government to expeditiously come up with a comprehensive plan for the care of 'the elderly at risk', taking into consideration their health problems, financial needs, residential needs and the need for social support, in particular during crisis situations, so as to secure a dignified old age for this group of senior citizens.

Question on Dr C H LEONG's motion proposed. The President proposed that the motion and the two proposed amendments be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the two proposed amendments be debated together in a joint debate.

Miss CHAN Yuen-han and Mr LEUNG Yiu-chung addressed the Council on the motion and their proposed amendments respectively.

Three Members spoke on the motion and the amendments.

A Member drew the attention of the President to the absence of a quorum. The President directed that the Council be suspended and Members be summoned. A quorum was then present.

Nine further Members spoke on the motion and the amendments.

Dr C H LEONG spoke on the amendments.

The Secretary for Health and Welfare and the Secretary for Housing spoke on the motion and the amendments.

Miss CHAN Yuen-han moved the following amendment to Dr C H LEONG's motion:

To delete all the words after "That" and substitute with ", in order to secure a dignified old age for all senior citizens in Hong Kong, this Council is of the view that the Government should expeditiously come up with a proactive and forward-looking elderly policy; and also urges the Government to take into consideration the health, financial and housing needs of 'the elderly at risk' and establish a comprehensive community support network, including the development of outreach services for the elderly and the provision of free emergency alarm facilities for the needy elderly".

Question on Miss CHAN Yuen-han's amendment to Dr C H LEONG's motion proposed, put and agreed to.

The President granted leave for Mr LEUNG Yiu-chung to revise the terms of his amendment.

Mr LEUNG Yiu-chung moved the following amendment to Dr LEONG’s motion as amended by Miss CHAN:

To delete the full-stop at the end and substitute with”; and to set up an independent Committee on Elderly Affairs.”

Question on Mr LEUNG Yiu-chung's amendment to Dr C H LEONG's motion as amended by Miss CHAN Yuen-han proposed, put and agreed to.

Dr C H LEONG replied.

Question on Dr C H LEONG's motion as amended by Miss CHAN Yuen-han and further amendmed by Mr LEUNG Yiu-chung put and agreed to.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 8 May 1996.

Adjourned accordingly at ten minutes past nine o’clock.


Last Updated on 29 July 1999