LegCo Paper No. CB(3) 1036/95-96
THE LEGISLATIVE COUNCIL
MINUTES
No. 34 of 1995/96
Minutes of the sitting held on Wednesday 3 July 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.
The Honourable Martin LEE Chu-ming, Q.C., 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 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, O.B.E., 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
Dr the Honourable YEUNG Sum
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 LEE Cheuk-yan
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
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:
Dr the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.
The Honourable Ronald Joseph ARCULLI, O.B.E., J.P.
Dr the Honourable Anthony CHEUNG Bing-leung
Public officers attending:
- The Honourable Donald TSANG Yam-kuen, O.B.E., J.P.
- The Chief Secretary
- Mr Rafael HUI Si-yan, J.P.
- The Financial Secretary
- The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
- The Attorney General
- Mr Gordon SIU Kwing-chue, J.P.
- Secretary for Transport
- Mr Nicholas NG Wing-fui, J.P.
- Secretary for Constitutional Affairs
- 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
- Mr Bowen LEUNG Po-wing, J.P.
- Secretary for Planning, Environment and Lands
- Mr KWONG Ki-chi, J.P.
- Secretary for the Treasury
- Mr KWONG Hon-sang, J.P.
- Secretary for Works
- Mrs Lessie WEI CHUI Kit-yee, J.P.
- Secretary for Financial Services
- Mr Francis HO Suen-wai, J.P.
- Secretary for Trade and Industry
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)
The following papers were laid on the table pursuant to Standing Order 14(2):
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1. Medical Practitioners (Registration and Disciplinary Procedure) (Amendment) Regulation 1996
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280/96
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2. Inland Revenue (Qualifying Debt Instruments) Order
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293/96
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3. General Holidays Order 1996
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294/96
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4. Matrimonial Causes (Amendment) (No.2) Rules 1996
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295/96
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5. Rules of the Supreme Court (Amendment) (No.2) Rules 1996
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296/96
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6. Criminal Procedure (Amendment) Ordinance 1996 (37 of 1996) (Commencement) Notice 1996
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297/96 |
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No. 93
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Revisions to the Estimate of Expenditure on Capital Projects approved by the Urban Council as at end of March 1996
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No. 94
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Regional Council Revised Estimates of Expenditure 1995/96
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No. 95
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Audited Statement of Accounts of the Hong Kong Rotary Club Students' Loan Fund for the year ending 31 August 1995
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No. 96
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Audited Statement of Accounts for the Sing Tao Foundation Students' Loan Fund for the year ending 31 August 1995
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No. 97
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Hospital Authority Annual Report 1994-1995
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No. 98
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Statement of Accounts of the Samaritan Fund for the year ended 31 March 1995
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No. 99
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Hong Kong Export Credit Insurance Corporation Annual Report for 1995-96
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No. 100
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J.E. Joseph Trust Fund Report for the period 1 April 1995 to 31 March 1996
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No. 101
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Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 1995 to 31 March 1996
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No. 102
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Report by the Commissioner of Correctional Services on the Administration of the Prisoners' Welfare Fund for the year ended 31 March 1995
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No. 103
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Report on the Administration of the Immigration Service Welfare Fund from 1 April 1995 to 31 March 1996 prepared by the Director of Immigration
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No. 104
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Securities and Futures Commission Annual Report 1995/1996
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No. 105
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Pneumoconiosis Compensation Fund Board 1995 Annual Report |
1. Dr YEUNG Sum asked Question 1.
The Secretary for Health and Welfare replied.
Five Members asked supplementaries and the Secretary for Health and Welfare replied.
2. Mr CHIM Pui-chung asked Question 2.
The Secretary for Planning, Environment and Lands replied.
Three Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
3. Mr CHAN Wing-chan asked Question 3.
The Secretary for Education and Manpower replied.
Three Members asked supplementaries and the Secretary for Education and Manpower replied.
4. Mr Fred LI asked Question 4.
The Secretary for Trade and Industry replied.
Three Members asked supplementaries and the Secretary for Trade and Industry replied.
5. Mr NGAN Kam-chuen asked Question 5.
The Secretary for Planning, Environment and Lands replied.
Four Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
6. Mr LO Suk-ching asked Question 6.
The Secretary for Housing replied.
A Member asked supplementaries and the Secretary for Housing replied.
Written replies to Questions 7 to 20 were tabled for Members information.
The Secretary for Financial Services moved the motion in Annex I and addressed the Council.
Question on the motion proposed, put and agreed to.
The Secretary for Education and Manpower moved the following motion and addressed the Council:
That the Factories and Industrial Undertakings (Amendment) Regulation 1996, made by the Commissioner for Labour on 31 May 1996, be approved.
Question on the motion proposed.
A Member spoke on the motion.
The Secretary for Education and Manpower replied.
Question on the motion put and agreed to.
The Secretary for Education and Manpower moved the following motion and addressed the Council:
That the Construction Sites (Safety) (Amendment) Regulation 1996, made by the Commissioner for Labour on 31 May 1996, be approved.
Question on the motion proposed, put and agreed to.
The Secretary for Education and Manpower moved the following motion and addressed the Council:
That section 57(3) of the Sex Discrimination Ordinance be amended by repealing "1st" and substituting "2nd".
Question on the motion proposed.
Five Members spoke on the motion.
The Secretary for Education and Manpower replied.
Question on the motion put and agreed to.
The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
The Secretary for Security 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.
The Secretary for Planning, Environment and Lands 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.
Resumption of debate on second reading which had been moved on 29 May 1996.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
The Council went into Committee and considered the NURSES REGISTRATION (AMENDMENT) BILL 1996.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 2 and 3 put and agreed to.
The Council then resumed.
The Secretary for Health and Welfare reported that
had passed through Committee without amendment. 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 President suspended the sitting at 4:15 p.m.
The Council resumed at 4:20 p.m.
Dr John TSE moved the following motion and addressed the Council:
That the Sewage Services (Sewage Charge) (Amendment) Regulation 1996, published as Legal Notice No. 199 of 1996 and laid on the table of the Legislative Council on 29 May 1996, be repealed.
Question on the motion proposed.
Four Members, the Secretary for Works and the Secretary for the Treasury spoke on the motion.
Dr John TSE replied.
Question on the motion put and agreed to.
Dr John TSE moved the following motion and addressed the Council:
That the Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 1996, published as Legal Notice No. 200 of 1996 and laid on the table of the Legislative Council on 29 May 1996, be repealed.
Question on the motion proposed.
A Member and the Secretary for Works spoke on the motion.
Dr John TSE replied.
Question on the motion put and agreed to.
Mr LEE Cheuk-yan moved the following motion and addressed the Council:
That the District Court Equal Opportunities Rules, published as Legal Notice No.236 of 1996 and laid on the table of the Legislative Council on 5 June 1996, be amended by adding after rule 2 -
"2A. Application
These Rules shall apply to any proceedings by or against the Crown.".
The President suspended the sitting at 5:32 p.m.
The Council resumed at 5:40 p.m.
Question on Mr LEE Cheuk-yan's motion proposed, put and agreed to.
Mr NGAN Kam-chuen moved the following motion and addressed the Council:
That, in view of the exorbitant construction and land resumption costs of HK$80 billion for the Western Corridor Railway (WCR) as announced by the Kowloon Canton Railway Corporation, this Council urges the Government to actively strive for the early completion of the WCR; step up discussions with the Chinese Government on matters relating to the project; and adopt a highly responsible attitude in prudently handling the compilation of the construction cost, so as to ensure that the scheme would be cost-effective without incurring any unreasonable expenditure, and that the public would not have to pay high fares in future.
Question on Mr NGAN Kam-chuen's motion proposed. The President stated that Mr WONG Wai-yin had given notice to move an amendment to the motion. He proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together in a joint debate.
Mr WONG Wai-yin moved the following amendment to Mr NGAN Kam-chuen's motion and addressed the Council:
To delete everything after "That" and substitute with the following:
"this Council strongly reproves the Government for delaying the construction of the Western Corridor Railway and disregarding the long-standing traffic congestion problem suffered by more than 800 000 residents in north-western New Territories; and urges that the Government expeditiously construct the Railway and fully consult and respect the views of this Council in regard to the planning, costing and financial arrangements of the project, and that the fares of the future Railway should also be subject to the monitoring of this Council, so as to ensure that they would be reasonable and acceptable to the public".
Question on Mr WONG Wai-yin's amendment to Mr NGAN Kam-chuen's motion proposed.
Two Members spoke on the motion and the amendment.
At 6:20 p.m., the President's Deputy took the chair during the temporary absence of the President.
Another 12 Members spoke on the motion and the amendment.
Mr NGAN Kam-chuen spoke on the amendment.
The Secretary for Transport spoke on the motion and the amendment.
At 7:50 p.m., the President resumed the chair.
Question on Mr WONG Wai-yin's amendment to Mr NGAN Kam-chuen's motion put. The President stated that he thought the amendment had been negatived.
Mr CHEUNG Hon-chung and Mr Albert HO claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 25 votes for the amendment and 27 votes against it. (Voting record in Annex II.) He declared that Mr WONG Wai-yin's amendment to Mr NGAN Kam-chuen's motion was negatived.
Mr NGAN Kam-chuen replied.
Question on Mr NGAN Kam-chuen's original motion put and agreed to.
Dr YEUNG Sum moved the following motion and addressed the Council:
That this Council urges the Chinese Government to amend the Basic Law as follows:
- the removal of the restriction that members of the Legislative Council may not introduce bills relating to government policies except with the written consent of the Chief Executive, as stipulated in Article 74 of the Basic Law; and
- the removal of the restriction that the passage of bills and motions introduced by any individual members of the Legislative Council shall require a simple majority vote of each of the two groups of members present, as stipulated in Annex II of the Basic Law,
so as to achieve the target that the executive authorities shall abide by the law and shall be accountable to the legislature, as stipulated in the Joint Declaration.
Question on Dr YEUNG Sum's motion proposed. The President stated that Mr Bruce LIU and Mr David CHU had separately given notices to move amendments to the motion. He 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.
Mr Bruce LIU and Mr David CHU addressed the Council on the motion and their proposed amendments respectively.
Seven Members spoke on the motion and the amendments.
In response to a point of order raised by a Member regarding whether a Member could query the integrity of another Member, the President stated that he would make a ruling at the next sitting.
Another 12 Members spoke on the motion and the amendments.
Dr YEUNG Sum spoke on the amendments.
The Secretary for Constitutional Affairs spoke on the motion and the amendments.
Mr Bruce LIU moved the following amendment to Dr YEUNG Sum's motion:
To delete "this Council urges the Chinese Government to amend the Basic Law as follows:" and substitute with the following :
",since the procedures for amending the Basic Law will only take effect after 1997 and in order to uphold the spirit of 'one country two systems' and 'Hong Kong people ruling Hong Kong', this Council considers that amendments to the Basic Law should be made after 1997 and that amendment proposals should be made by the Hong Kong Special Administrative Region; this Council also proposes the following amendments to the Basic Law after 1997:".
Question on Mr Bruce LIU's amendment to Dr YEUNG Sum's motion proposed and put. The President stated that he thought the amendment had been negatived.
Mr K K FUNG and Mr Bruce LIU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were seven votes for the amendment and 43 votes against it. (Voting record in Annex III.) He declared that Mr Bruce LIU's amendment to Dr YEUNG Sum's motion was negatived.
Mr David CHU moved the following amendment to Dr YEUNG Sum's motion:
To delete everything after "That this Council" and substitute with the following:
"endorses the Basic Law in its entirety, including the provision permitting future changes to this living document after its implementation and through extensive consultations with the Hong Kong people and the Chinese Government according to the prevailing circumstances and as the modern Hong Kong Special Administrative Region continues to advance".
Question on Mr David CHU's amendment to Dr YEUNG Sum's motion proposed and put. The President stated that he thought the amendment had been negatived.
Mr CHAN Kam-lam claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 25 votes for the amendment and 27 votes against it. (Voting record in Annex IV.) He declared that Mr David CHU's amendment to Dr YEUNG Sum's motion was negatived.
Dr YEUNG Sum replied.
Question on Dr YEUNG Sum's original motion put. The President stated that he thought the motion had been carried.
Dr YEUNG Sum and Mr TSANG Kin-shing claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 23 votes for the motion and 30 votes against it. (Voting record in Annex V.) He declared that Dr YEUNG Sum's original motion was negatived.
In accordance with Standing Orders, the President adjourned the Council until Thursday, 4 July 1996.
Adjourned accordingly at twenty-two minutes to eleven oclock.
Last Updated on 29 July 1999
