LegCo Paper No. CB 582/95-96
THE LEGISLATIVE COUNCIL
MINUTES
No. 21 of 1995/96
Minutes of the sitting held on Wednesday 13 March 1996 at 2.30 p.m.
Present:
President : The Honourable Andrew WONG Wang-fat, O.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.
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 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
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
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 NGAN Kam-chuen
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
Absent:
The Honourable Allen LEE Peng-fei, C.B.E., J.P.
The Honourable LAU Wong-fat, O.B.E., J.P.
The Honourable Margaret NG
The Honourable SIN Chung-kai
In attendance:
- 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. Michael SUEN Ming-yeung, C.B.E., J.P.
- Secretary for Home Affairs
- Mr. CHAU Tak-hay, C.B.E., J.P.
- Secretary for Recreation and Culture
- Mr. Gordon SIU Kwing-chue, J.P.
- Secretary for Economic Services
- Mr. Nicholas NG Wing-fui, J.P.
- Secretary for Constitutional Affairs
- Mr. Rafael HUI Si-yan, J.P.
- Secretary for Financial Services
- Mr. Peter LAI Hing-ling, J.P.
- Secretary for Security
- 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. KWONG Ki-chi, J.P.
- Secretary for the Treasury
- Miss Jacqueline Ann WILLIS, J.P.
- Secretary for Education and Manpower
Clerks to the Legislative Council:
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 (2)
The following papers were laid on the table pursuant to Standing Order 14(2):
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1. Public Revenue Protection (Air Passenger Departure Tax) Order 1996
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122/96
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2. Public Revenue Protection (Business Registration Fees) Order 1996
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123/96
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3. Public Revenue Protection (Estate Duty) Order 1996
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124/96
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4. Public Revenue Protection (Stamp Duty) Order 1996
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125/96
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5. Public Revenue Protection (Dutiable Commodities) Order 1996
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126/96
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6. Air Pollution Control (Asbestos) (Administration) Regulation
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128/96
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7. Shipping and Port Control Regulations (Amendment of Seventh Schedule) Notice 1996
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129/96
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8. Criminal Jurisdiction Ordinance (Cap.461) (Commencement) Notice 1996
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130/96 |
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No. 65
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Revisions to the Estimate of Expenditure on Capital Projects approved by the Urban Council as at end of December 1995
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No. 66
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Report of the Public Accounts Committee on the Report of the Director of Audit on the Review of the Housing Benefits provided by the Hospital Authority to its Employees (February 1996 - P.A.C. Report No. 25A)
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No. 67
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Audited Statement of Accounts of the Language Fund for the year ending 31 August 1995 |
Mr. Eric LI addressed the Council on the " Report of the Public Accounts Committee on the Report of the Director of Audit on the Review of the Housing Benefits provided by the Hospital Authority to its Employees (February 1996 - P.A.C. Report No. 25A)" which he presented.
Arising from a Member asking a question for elucidation, the President stated that the question would not be allowed because under Standing Order 14 no debate might arise on the address. He further stated that he was considering whether or not to introduce a procedure in future whereby reports on matters referred by the Council to committees should be made on a motion which would be debatable.
1. Mr. LEE Cheuk-yan asked Question 1.
The Secretary for Home Affairs replied.
Five Members asked supplementaries and the Secretary for Home Affairs replied.
2. Mr. TSANG Kin-shing asked Question 2.
The Chief Secretary replied.
10 Members asked supplementaries and the Chief Secretary replied.
3. Mrs. Selina CHOW asked Question 3.
The Secretary for Security replied.
Two Members asked supplementaries and the Secretary for Security and the Secretary for the Civil Service replied.
4. Mr. CHEUNG Hon-chung asked Question 4.
The Secretary for Security replied.
Five Members asked supplementaries and the Secretary for Security replied.
5. Mr. CHAN Wing-chan asked Question 5.
The Secretary for Planning, Environment and Lands replied.
Seven Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
Written replies to Questions 6 to 20 were tabled for Members information.
The Secretary for the Treasury moved the motion in Annex I and addressed the Council.
Question on the motion proposed, 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 Attorney General 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 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.
The Secretary for Financial Services moved the second reading and addressed the Council on each of the above three 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.
Resumption of debate on second reading which was moved on 18 October 1995.
One Member and the Secretary for Economic Services spoke on the motion.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which was moved on 6 December 1995.
Four Members and the Secretary for Education and Manpower spoke on the motion.
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 following bills:
Question that the following clauses stand part of the bill proposed.
Question on Clauses 1 and 3 to 6 put and agreed to.
The Secretary for Economic Services moved an amendment to clause 2 and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Question that clause 2, as amended, stand part of the bill put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on Clauses 1 to 11, 13 and 14 put and agreed to.
The Secretary for Education and Manpower moved an amendment to clause 12 and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Question that clause 12, as amended, stand part of the bill put and agreed to.
The Council then resumed.
The Secretary for Economic Services reported that the
had passed through Committee with 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 Education and Manpower reported that the
had passed through Committee with 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.
Dr. C.H. LEONG moved the motion in Annex II and addressed the Council.
Question on the motion proposed, put and agreed to.
Mr. Ronald ARCULLI moved the following motion and addressed the Council:
That in relation to the Hong Kong Airport (Traffic) (Amendment) Regulation 1996, published as Legal Notice No. 72 of 1996 and laid on the table of the Legislative Council on 14 February 1996, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance for amending subsidiary legislation be extended under section 34(4) of that Ordinance until the sitting on 27 March 1996.
Question on the motion proposed, put and agreed to.
Mr. LEUNG Yiu-chung moved the following motion and addressed the Council:
That, considering that members of the Preparatory Committee (PC) of the Hong Kong Special Administrative Region (HKSAR) appointed by the Chinese authorities do not represent the people of Hong Kong, and that the PC, operating behind closed doors under the principle of 'we take the initiative' of the Chinese Government, is thus degenerating into an instrument under manipulation; this Council expresses its strong condemnation; furthermore, since the establishment of a provisional legislature being considered by the PC will throttle the democratic election of the Legislative Council, thereby enabling the Chinese Government to gain full control of the legislature, this Council firmly objects to the formation of the provisional legislature.
Question on Mr. LEUNG Yiu-chung's motion proposed. The President 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. Bruce LIU moved the following amendment to Mr. LEUNG Yiu-chung's motion and addressed the Council:
To delete all the words after "That, considering that" and substitute with "the Preparatory Committee (PC) of the Hong Kong Special Administrative Region (HKSAR) has been formed and has commenced work, this Council urges the PC to widely consult and listen to the people of Hong Kong, enhance the transparency of its operation and decision-making process and, in accordance with the provisions of the Basic Law, to set up a broadly representative Selection Committee for the selection of the first Chief Executive in a democratic way, as well as to form the first Government and the first Legislative Council of the HKSAR so that there is no need for the establishment of a provisional legislature; furthermore, this Council urges the Hong Kong Government to fully co-operate with the PC and provide it with the necessary assistance".
Question on Mr. Bruce LIU's amendment to Mr. LEUNG Yiu-chung's motion proposed.
13 Members spoke on the motion and the amendment. In the course of Miss Emily LAU's speech, the President instructed that reference to lying made by Miss Emily LAU be deleted from Hansard.
At 6:35 p.m., the President's Deputy took the chair during the temporary absence of the President.
Another four Members spoke on the motion and the amendment.
At 7:00 p.m., the President resumed the chair.
The President stated that as Hansard was a verbatim record of the proceedings of the Council, words said at the Council should best not be deleted. He therefore retracted his earlier instruction that Miss LAU's reference to lying be deleted from Hansard.
Four further Members spoke on the motion and the amendment.
Mr. LEUNG Yiu-chung spoke on the amendment.
The Secretary for Constitutional Affairs spoke on the motion and the amendment.
Question on Mr. Bruce LIU's amendment to Mr. LEUNG Yiu-chung's motion 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 five votes for the motion and 44 votes against it. (Voting record in Annex III.) He declared that Mr. Bruce LIU's amendment to Mr. LEUNG Yiu-chung's motion was negatived.
Mr. LEUNG Yiu-chung replied.
Question on Mr. LEUNG Yiu-chung's original motion put. The President stated that he thought the motion had been negatived.
Mr. LEUNG Yiu-chung 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 22 votes against it. (Voting record in Annex IV.) He declared that Mr. LEUNG Yiu-chung's original motion was carried.
Miss Christine LOH moved the following motion and addressed the Council:
That this Council recognises, and urges the Government to recognise, that Victoria Harbour is a unique and irreplaceable public asset, that excessive depletion of the harbour is irreversibly damaging both to the natural and human environment of Hong Kong, and that all Hong Kong people have a rightful interest in the harbour; and this Council further urges the Government to withdraw its grossly excessive plans for reclamation in the harbour and to take urgent measures instead to protect and preserve the harbour and to ensure that further development in the harbour, if any, will be strictly limited, openly planned and accountably carried out.
Question on Miss Christine LOH's motion proposed.
Nine Members and the Secretary for Planning, Environment and Lands spoke on the motion.
Miss Christine LOH replied.
Question on the motion put. The President stated that he thought the motion had been carried.
Miss Christine LOH claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 31 votes for the motion and none against it. (Voting record in Annex V.) He declared that Miss Christine LOH's motion was carried.
The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Mr. Bruce LIU 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.
Mr. Edward HO 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.
In accordance with Standing Orders, the President adjourned the Council until Wednesday, 27 March 1996.
Adjourned accordingly at twenty minutes to ten oclock.
Last Updated on 29 July 1999
