LegCo Paper No. CB 292/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 11 of 1995/96

Minutes of the sitting held on Wednesday 13 December 1995 at 2.30 p.m.

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.
    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
    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 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

In attendance:

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. Nicholas NG Wing-fui, J.P.
Secretary for Constitutional Affairs
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. Bowen LEUNG Po-wing, J.P.
Secretary for Planning, Environment and Lands
Mr. KWONG Ki-chi, J.P.
Secretary for the Treasury
Mr. FUNG Tung, O.B.E., J.P.
Secretary for Housing

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)

PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Road Traffic (Public Service Vehicles) (Amendment) (No.5) Regulation 1995

562/95

2. Hong Kong Airport (Restricted Areas and Tenant Restricted Areas) Order

563/95

3. Road Traffic (Breath Analysing Instruments and Screening Devices) Notice

564/95

4. Toys and Children's Products Safety (Safety Standards) Notice

565/95

5. Official Languages (Authentic Chinese Text) (Road Tunnels (Government) Ordinance) Order

(C) 118/95

6. Official Languages (Authentic Chinese Text) (Tate's Cairn Tunnel Ordinance) Order

(C) 119/95

Sessional Papers 1995/96

No. 37

-

The Prince Philip Dental Hospital Hong Kong Report by the Board of Governors for the period 1 April 1994 -31 March 1995

No. 38

-

Ocean Park Corporation Annual Report 1994/95

No. 39

-

Emergency Relief Fund Annual Report by the Trustee for the year ending on 31 March 1995

No. 40

-

Social Work Training Fund Thirty-fourth Annual Report by the Trustee for the year ending on 31 March 1995

No. 41

-

Chinese Temples Fund Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1995

No. 42

-

General Chinese Charities Fund Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1995

No. 43

-

Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 1995

No. 44

-

Grantham Scholarships Fund Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 August 1995

No. 45

-

Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 1994-95

No. 46

-

The Accounts of the Lotteries Fund 1994-95

No. 47

-

Hong Kong Housing Authority1994/95 Annual Report

No. 48

-

Hong Kong Housing Authority Annual Accounts for the year ended 31 March 1995 and Balance Sheet as at that date

QUESTIONS

1. Mr. IP Kwok-him asked Question 1.

The Secretary for Education and Manpower replied.

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

2. Mr. CHAN Wing-chan asked Question 2.

The Secretary for Health and Welfare replied.

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

3. Mr. LEE Wing-tat asked Question 3.

The Secretary for Constitutional Affairs replied.

Six Members asked supplementaries and the Secretary for Constitutional Affairs replied.

4. Mr. Eric LI asked Question 4.

The Secretary for Housing replied.

Four Members asked supplementaries and the Secretary for Housing replied.

5. Mr. Andrew CHENG asked Question 5.

The Secretary for Recreation and Culture replied.

Two Members asked supplementaries and the Secretary for Recreation and Culture replied.

Written replies to Questions 6 to 19 were tabled for Members’ information.

Address

Mr. Ronald ARCULLI addressed the Council on the "Ocean Park Corporation Annual Report 1994/95" which he presented.

MOTIONS

EMPLOYEES' COMPENSATION ORDINANCE

The Secretary for Education and Manpower moved the following motion and addressed the Council:

(See Resolution at Annex I)

Question on the motion proposed.

One Member spoke on the motion.

The Secretary for Education and Manpower replied.

Question on the motion put and agreed to.

PNEUMOCONIOSIS (COMPENSATION) ORDINANCE

The Secretary for Education and Manpower moved the following motion and addressed the Council:

That, with effect from 1 January 1996, the Pneumoconiosis (Compensation) Ordinance be amended as follows -

  1. in the First Schedule -
    1. in paragraph 1 of Part II, by repealing "$2,100" and substituting "$2,570";
    2. in Part IV, by repealing "$3,500" and substituting "$4,050";
    3. in Part VI, by repealing "$12,000" and substituting "$14,000";
  2. in the Second Schedule, in paragraphs 1(b), 2(b) and 3 of Part I, by repealing "$120" and substituting $160".

Question on the motion proposed, put and agreed to.

STAMP DUTY ORDINANCE

The Secretary for the Treasury moved the following motion and addressed the Council:

That section 29I(1) of the Stamp Duty Ordinance be amended by repealing "31 December 1995" and substituting "31 December 1997".

Question on the motion proposed.

Mr. Ronald ARCULLI moved the following amendment to the Secretary for the Treasury's motion and addressed the Council:

To delete "31 December 1997" and to substitute "31 December 1996".

Question on Mr. Ronald ARCULLI's amendment to the Secretary for the Treasury's motion proposed.

Seven Members spoke on the motion and the amendment.

The Secretary for the Treasury spoke on the amendment.

Question on Mr. Ronald ARCULLI's amendment to the Secretary for the Treasury's motion put. The President stated that he thought the amendment had been negatived.

Mr. Ronald ARCULLI claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 21 votes for the amendment and 33 votes against it (Voting record in Annex II.) He declared that Mr. Ronald ARCULLI's amendment to the Secretary for the Treasury's motion was negatived.

Question on the Secretary for the Treasury's original motion put and agreed to.

PRIVATE MEMBER'S MOTIONS

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

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

(See Resolution at Annex III)

Question on the motion proposed, put and agreed to.

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE

Mr. LAU Chin-shek moved the following motion and addressed the Council:

That for the purposes of enquiring into the circumstances surrounding the recent labour disputes involving imported workers under the Special Labour Importation Scheme for the Airport Core Programme Projects and related issues, the Legislative Council Panel on Manpower be authorised under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance Cap 382 to exercise the powers conferred by section 9(1) of that Ordinance.

Question on the motion proposed.

The Secretary for Education and Manpower and one Member spoke on the motion.

Dr. Philip WONG declared an interest.

Another six Members spoke on the motion.

Mr. LAU Chin-shek replied.

Question on Mr. LAU Chin-shek's motion put. The President stated that he thought the motion had been carried.

Dr. Philip WONG claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 42 votes for the motion and six votes against it. (Voting record in Annex IV.) He declared that Mr. LAU Chin-shek's motion was carried.

REDUCTION OF EMISSIONS FROM DIESEL VEHICLES

Mrs. Miriam LAU moved the following motion and addressed the Council:

That this Council supports that measures be taken to reduce emissions from diesel vehicles, but as both petrol and diesel vehicles attribute to air pollution and before it can be confirmed which one of the two types of vehicle is more environment-friendly, urges the Government to review the mandatory scheme of phasing out diesel vehicles of four tonnes or below in the consultation paper "Further Proposals to Reduce Emissions from Diesel Vehicles" and to replace the proposed scheme with incentive measures to attract owners of diesel vehicles to change to petrol vehicles on a voluntarily basis, as well as to expeditiously explore other measures which are more effective and generally accepted by the public, in order to improve the air quality in the territory.

Question on the motion proposed.

Miss Christine LOH moved the following amendment to Mrs. Miriam LAU's motion and addressed the Council :

To delete "but as both petrol and diesel vehicles attribute to air pollution and before it can be confirmed which one of the two types of vehicle is more environment-friendly," and substitute with "and"; to insert "public response to" after "the Administration to review"; to delete the word "mandatory"; to delete "replace" and substitute with "amend"; to delete "with incentive measures to attract owners of diesel vehicles to change to petrol vehicles on a voluntarily basis, as well as to expeditiously" and subsitute with "to make it as widely acceptable as possible to the public and owners of diesel vehicles, including reconsideration of the proposed principle of revenue neutrality by agreeing to plough back any possible revenue so acquired into health care development and, to continue to"; and to delete "which are more effective and generally accepted by the public,".

Question on Miss Christine LOH's amendment to Mrs. Miriam LAU's motion proposed.

Four Members spoke on the motion and the amendment.

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.

Another five Members spoke on the motion and the amendment.

At 6:35 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another Member spoke on the motion and the amendment.

Mr. Paul CHENG declared an interest and spoke on the motion and the amendment.

Four further Members spoke on the motion and the amendment.

At 7:10 p.m., the President resumed the chair.

One further Member spoke on the motion and the amendment.

Mrs. Miriam LAU spoke on the amendment.

The Secretary for Planning, Environment and Lands spoke on the motion and the amendment.

Question on Miss Christine LOH's amendment to Mrs. Miriam LAU's motion put. The President stated that he thought the amendment had been negatived.

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 four votes for the amendment and 44 votes against it. (Voting record in Annex V.) He declared that Miss Christine LOH's amendment to Mrs. Miriam LAU's motion was negatived.

Mrs. Miriam LAU replied.

Question on Mrs. Miriam LAU's original motion put. The President stated that he thought the amendment had been agreed.

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 46 votes for the motion and three votes against it. (Voting record in Annex VI.) He declared that Mrs. Miriam LAU's motion was carried.

OLD AGE PENSION SCHEME

Mr. LEE Cheuk-yan moved the following motion and addressed the Council:

That, as the Mandatory Provident Fund Scheme to be implemented by the Government is not expected to meet the basic needs of the elderly immediately or within the next few decades, this Council urges the Government to expeditiously introduce the Old Age Pension Scheme, so as to safeguard the livelihood of 600 000 elderly persons after their retirement.

Question on Mr. LEE Cheuk-yan's motion proposed.

13 Members and the Secretary for Education and Manpower spoke on the motion.

At 9:30 p.m., the President's Deputy took the chair during the temporary absence of the President.

At 9:35 p.m., the President resumed the chair.

Mr. LEE Cheuk-yan replied.

Question on the motion put. The President stated that he thought the motion had been carried.

Mr. James TIEN 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 13 votes against it. (Voting record in Annex VII.) He declared that Mr. LEE Cheuk-yan's motion was carried.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Thursday, 14 December 1995.

Adjourned accordingly at fifteen minutes to ten o'clock.

Last Updated on 29 July 1999