LegCo Paper No. CB 505/95-96
THE LEGISLATIVE COUNCIL
MINUTES
No. 19 of 1995/96
Minutes of the sitting held on Wednesday 14 February 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 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 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
Dr. the Honourable Anthony CHEUNG Bing-leung
The Honourable CHEUNG Hon-chung
The Honourable CHOY Kan-pui, J.P.
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 LEUNG Yiu-chung
The Honourable Bruce LIU Sing-lee
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
Absent:
The Honourable Allen LEE Peng-fei, C.B.E., J.P.
The Honourable NGAI Shiu-kit, O.B.E., J.P.
The Honourable LAU Wong-fat, O.B.E., J.P.
The Honourable Frederick FUNG Kin-kee
The Honourable CHENG Yiu-tong
The Honourable David CHU Yu-lin
The Honourable LEE Kai-ming
The Honourable LO Suk-ching
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. 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
- Mr. Rafael HUI Si-yan, J.P.
- Secretary for Financial Services
- 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. LAM Woon-kwong, J.P.
- Secretary for the Civil Service
- Mr. KWONG Ki-chi, J.P.
- Secretary for the Treasury
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. Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) (No.2) Order 1996
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68/96
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2. Tramway Ordinance (Alteration of Fares) (Amendment) Notice 1996
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69/96
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3. Banking Ordinance (Amendment of Seventh Schedule) Notice 1996
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70/96
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4. Hong Kong Airport (Traffic) (Amendment) Regulation 1996
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72/96
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5. Official Languages (Alteration of Text) (Boilers and Pressure Vessels Ordinance) Order 1996
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73/96
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6. Immigration (Vietnamese Refugee Centres) (Designation) (Consolidation) (Amendment) Order 1996
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74/96
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7. Immigration (Vietnamese Refugee Centres) (Open Centre) (Amendment) Rules 1996
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75/96
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8. Administration of Justice (Miscellaneous Provisions) (No.2) Ordinance 1995 (68 of 1995) (Commencement) Notice 1996
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76/96
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9. Human Organ Transplant Ordinance (Cap.465) (Commencement) Notice 1996
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77/96
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10. Statutes of the Chinese University of Hong Kong (Amendment) (No.3) Statute 1995
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78/96
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11. Official Languages (Authentic Chinese Text) (Boilers and Pressure Vessels Ordinance) Order
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(C) 13/96
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12. Official Languages (Authentic Chinese Text) (Commodity Exchanges (Prohibition) Ordinance) Order
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(C) 14/96 |
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No. 57
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Urban Council Estimates of Revenue and Expenditure for the Financial Year 1996/97
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No. 58
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Regional Council Estimates of Revenue and Expenditure 1996/97
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No. 59
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Revisions of the 1995/96 Estimates approved by the Urban Council during the third quarter of the 1995/96 financial year
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No. 60
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The Hong Kong Academy for Performing Arts Annual Report July 1994 to June 1995
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No. 61
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Li Po Chun Charitable Trust Fund Annual Report for the period 1st September 1994 to 31st August 1995
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No. 62
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Trustee's Report on the Administration of the Education Scholarships Fund for the year ended 31 August 1995 |
Amendment to the Technical Memorandum on Noise from Construction Work in Designated Areas
Third Periodic Report in respect of Hong Kong under Articles 2-16 of the International Covenant on Economic, Social and Cultural Rights
The President stated that he had turned down a request from a Member that this Council should observe silence in memory of those who had been killed in the hill fire at Pat Sin Range on 10 February 1996.
He went on to say that observing silence in memory of the dead was done in the Council concomitantly when obituary speeches were made. There were provisions in the Standing Orders of the Council for obituary speeches to be made at the sittings of the Council but parliamentary practice dictated that such speeches were made only on the occasion of the death of a Member of the Council or a distinguished statesman. He further said that while he had the greatest sympathy for those who had died, and the highest respect for the teachers who had sacrificed their own lives when trying to save the lives of their pupils, he could not order the observance of silence in their memory at a sitting of the Council.
1. Mr. IP Kwok-him asked Question 1.
The Secretary for the Civil Service replied.
Three Members asked supplementaries and the Secretary for the Civil Service replied.
2. Mr. Andrew CHENG asked Question 2.
The Secretary for Transport replied.
Three Members asked supplementaries and the Secretary for Transport replied.
3. Mr. WONG Wai-yin asked Question 3.
The Secretary for Transport replied.
Two Members asked supplementaries and the Secretary for Transport replied.
4. Miss Emily LAU asked Question 4.
The Secretary for Security replied.
Three Members asked supplementaries and the Secretary for Security replied.
5. Mrs. Miriam LAU asked Question 5.
The Secretary for Economic Services replied.
Three Members asked supplementaries and the Secretary for Economic Services replied.
6. Dr. John TSE asked Question 6.
The Secretary for Planning, Environment and Lands replied.
Two Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
Written replies to Questions 7 to 20 were tabled for Members information.
The Secretary for Financial Services moved the following motion and addressed the Council:
That the Companies (Fees and Percentages) (Amendment) Order 1996, made by the Chief Justice on 23 January 1996, be approved.
Question on the motion proposed, put and agreed to.
The Secretary for Financial Services moved the following motion and addressed the Council:
That the Registered Trustees Incorporation Ordinance (Amendment of Second Schedule) Order 1996, made by the Secretary for the Treasury on 23 January 1996, be approved.
Question on the motion proposed, put and agreed to.
The Secretary for Financial Services moved the following motion and addressed the Council:
That the Bankruptcy (Fees and Percentages) (Amendment) Order 1996, made by the Chief Justice on 23 January 1996, be approved.
Question on the motion proposed, put and agreed to.
The Secretary for Financial Services moved the following motion and addressed the Council:
That the Bankruptcy (Amendment) Rules 1996, made by the Chief Justice on 23 January 1996, be approved.
Question on the motion proposed, put and agreed to.
The Secretary for Financial Services moved the following motion and addressed the Council:
That the Companies (Fees and Percentages) (Amendment) (No.2) Order 1996, made by the Chief Justice on 23 January 1996, be approved.
Question on the motion proposed, put and agreed to.
The Secretary for Financial Services moved the following motion and addressed the Council:
That the Companies (Winding-up) (Amendment) Rules 1996, made by the Chief Justice on 23 January 1996, be approved.
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 Financial 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 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.
The Secretary for the Treasury 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.
Mrs. Selina CHOW moved the motion in Annex I and addressed the Council.
Question on Mrs. Selina CHOW's motion proposed, put and agreed to.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Merchant Shipping (Seafarers) (Fees) Regulation, published as Legal Notice No. 9 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be amended -
- by repealing section 8;
- in the Schedule -
- in Part I, by repealing everything after "PART I";
- in Part II, by repealing items 1 to 5, 6(a) to (f) and (h), 7, 9, 10 and 11;
- by repealing Part III.
Question on the motion proposed.
The Secretary for Economic Services, four Members and the Secretary for the Treasury spoke on the motion.
Mrs. Selina CHOW replied.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been carried.
Mr. IP Kwok-him and 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 34 votes for the motion and 14 votes against it. (Voting record in Annex II.) He declared that Mrs. Selina CHOW's motion was carried.
With the consent of the President, Dr. C.H. LEONG rose to move the following motion without notice:
That in the event of further divisions being claimed in respect of the remaining motions to be moved under the Interpretation and General Clauses Ordinance at this sitting, Standing Order 36(4) be suspended so that the President may order that the Council do proceed to each of such divisions immediately after the division bell has been rung for one minute.
Question on the motion proposed, put and agreed to.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Merchant Shipping (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 10 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Economic Services spoke on the motion.
Question on Mrs. Selina CHOW'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 40 votes for the motion and six votes against it. (Voting record in Annex III.) He declared that Mrs. Selina CHOW's motion was carried.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Companies Ordinance (Amendment of Eighth Schedule) Order 1996, published as Legal Notice No. 11 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Financial Services and one Member spoke on the motion.
Mrs. Selina CHOW replied.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been negatived.
Dr. Philip WONG and Mrs. Selina CHOW claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were eight votes for the motion and 40 votes against it. (Voting record in Annex IV.) He declared that Mrs. Selina CHOW's motion was negatived.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Limited Partnerships Ordinance (Amendment of Schedule) Order 1996, published as Legal Notice No. 12 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Financial Services spoke on the motion.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been negatived.
Mrs. Selina CHOW and 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 seven votes for the motion and 39 votes against it. (Voting record in Annex V.) He declared that Mrs. Selina CHOW's motion was negatived.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Companies Ordinance (Fee for Taking Affidavit, Affirmation or Declaration) (Amendment) Notice 1996, published as Legal Notice No. 13 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Financial Services spoke on the motion.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been negatived.
Mrs. Selina CHOW 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 motion and 40 votes against it. (Voting record in Annex VI.) He declared that Mrs. Selina CHOW's motion was negatived.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Trustee Ordinance (Amendment of First Schedule) Notice 1996, published as Legal Notice No. 14 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be repealed.
Question on the motion proposed.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been negatived.
Mrs. Selina CHOW 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 motion and 40 votes against it. (Voting record in Annex VII.) He declared that Mrs. Selina CHOW's motion was negatived.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Clubs (Safety of Premises) (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 16 of 1996 and laid on the table of the Legislative Council on 10 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Home Affairs and one Member spoke on the motion.
Mrs. Selina CHOW replied.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been negatived.
Mrs. Selina CHOW 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 six votes for the motion and 40 votes against it. (Voting record in Annex VIII.) He declared that Mrs. Selina CHOW's motion was negatived.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Boilers and Pressure Vessels (Amendment) Regulation 1996, published as Legal Notice No. 33 of 1996 and laid on the table of the Legislative Council on 17 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Education and Manpower and one Member spoke on the motion.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been carried.
Mrs. Selina CHOW and 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 41 votes for the motion and six votes against it. (Voting record in Annex IX.) He declared that Mrs. Selina CHOW's motion was carried.
Mrs. Selina CHOW moved the following motion and addressed the Council:
That the Employment Agency (Amendment) Regulation 1996, published as Legal Notice No. 34 of 1996 and laid on the table of the Legislative Council on 17 January 1996, be repealed.
Question on the motion proposed.
The Secretary for Education and Manpower and two Members spoke on the motion.
Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been carried.
Mrs. Selina CHOW claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 34 votes for the motion and 11 votes against it. (Voting record in Annex X.) He declared that Mrs. Selina CHOW's motion was carried.
Mr. LEE Wing-tat moved the following motion and addressed the Council:
That this Council opposes the proposal made by the Housing Authoritys Ad hoc Committee on Private Domestic Property Ownership by Public Rental Housing Tenants that public housing tenants be required to declare their assets.
Question on Mr. LEE Wing-tat's motion proposed.
Mr. Edward HO moved the following amendment to Mr. LEE Wing-tat's motion and addressed the Council:
To delete "opposes" and substitute with "supports that the allocation of public housing resources should be based on needs, and urges the Housing Authority to amend"; to delete "the Housing Authoritys" and substitute with "its"; and to delete "that public housing tenants be required to declare their assets" and substitute with "in order to enhance cost effectiveness and minimize the extent of disturbance to tenants".
Question on Mr. Edward HO's amendment to Mr. LEE Wing-tat's motion proposed.
Three Members spoke on the motion and the amendment.
At 5:45 p.m., the President's Deputy took the chair during the temporary absence of the President.
Another six Members spoke on the motion and the amendment.
At 6:20 p.m., the President resumed the chair.
10 further Members spoke on the motion and the amendment.
Mr. LEE Wing-tat spoke on the amendment.
Mr. CHAN Wing-chan declared an interest. The President ruled that being a tenant in a public housing estate was not a pecuniary interest that ought to be declared because it was something which was shared with members of the community in general.
The Secretary for Housing spoke on the motion and the amendment.
Question on Mr. Edward HO's amendment to Mr. LEE Wing-tat's motion put. The President stated that he thought the amendment had been negatived.
Mr. Edward HO claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 13 votes for the amendment and 31 votes against it. (Voting record in Annex XI.) He declared that Mr. Edward HO's amendment to Mr. LEE Wing-tat's motion was negatived.
Mr. LEE Wing-tat replied.
Question on Mr. LEE Wing-tat's original motion put. The President stated that he thought the motion had been carried.
Mr. Edward HO 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 31 votes for the motion and 11 votes against it. (Voting record in Annex XII.) He declared that Mr. LEE Wing-tat's original motion was carried.
The bill was read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Mr. LAU Chin-shek 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 was moved on 10 January 1996.
13 Members, the Secretary for Security and the Secretary for Education and Manpower spoke on the motion.
Mr. Michael HO replied.
Question on second reading put. The President stated that he thought the motion had been negatived.
Mr. Michael HO claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there were 18 votes for the motion and 29 votes against it. (Voting record in Annex XIII.) He declared that the motion was negatived and stated that no further proceedings should be taken on the bill.
Resumption of debate on second reading which was moved on 10 January 1996.
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 10 January 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 following bills:
Question that the following clauses stand part of the bill proposed.
Question on clauses 1 to 5, 7, 10, 13, 15, 17 and 18 put and agreed to.
Dr. David LI moved amendments to clauses 6, 8, 9, 11, 12, 14 and 16 and addressed the Committee.
Question on the amendments proposed, put and agreed to.
Question that clauses 6, 8, 9, 11, 12, 14 and 16, as amended, stand part of the bill put and agreed to.
The President ordered the Council to resume and granted leave to Dr. David LI to move a motion to suspend Standing Order 46(8) to enable the Committee of the whole Council to consider an amendment to the Chinese text of the preamble to the bill.
Question on the motion proposed, put and agree to.
The Council went into Committee.
Dr. David LI moved an amendment to the preamble and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Question that the preamble as amended be the preamble to the bill put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 3, 4, 6, 8, 9, 12, 13, 15 and 19 put and agreed to.
Dr. David LI moved amendments to clauses 2, 5, 7, 10, 11, 14, 16, 17, 18 and 20 and addressed the Committee.
Question on the amendments proposed, put and agreed to.
Question that clauses 2, 5, 7, 10, 11, 14, 16, 17, 18 and 20, as amended, stand part of the bill put and agreed to.
The Council then resumed.
Dr. David LI reported that the
had passed through Committee with amendments. He moved that the bills be read the third time and do pass.
Question on the third reading proposed, put and agreed to.
Bills read the third time and passed.
In accordance with Standing Orders, the President adjourned the Council until Wednesday, 6 March 1996.
Adjourned accordingly at ten oclock.
Last Updated on 29 July 1999
