LegCo Paper No. CB 196/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 6 of 1995/96

Minutes of the sitting held on Wednesday 15 November 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.
    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

Absent:

    Dr. the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.

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
Mr. Lan WINGFIELD, J.P.
The Attorney General
Mr. Michael SUEN Ming-yeung, C.B.E., J.P.
Secretary for Home Affairs
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. 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. KWONG Ki-chi, J.P.
Secretary for the Treasury
Mr. Stephen LAM Sui-lung
Secretary for Constitutional Affairs

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)

PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Banking (Amendment) Ordinance 1995 (49 of 1995) (Commencement) Notice 1995

515/95

2. Official Languages (Authentic Chinese Text) (Customs and Excise Service Ordinance) Order

(C) 96/95

3. Official Languages (Authentic Chinese Text) (Insurance Companies Ordinance) Order

(C) 97/95

Sessional Papers 1995/96

No. 24

-

Report of Changes to the Approved Estimates of Expenditure Approved during the First Quarter of 1995-96 Public Finance Ordinance : Section 8

No. 25

-

Open Learning Institute of Hong Kong Annual Report 1994-1995

Addresses

Mr. Michael HO addressed the Council on the "Open Learning Institute of Hong Kong Annual Report 1994-1995" which he presented.

Dr. HUANG Chen-ya and the Secretary for Financial Servies addressed the Council on the Leveraged Foreign Exchange Trading (Calls) Rules which were laid on the table of the Council at the sitting on 11 October 1995.

QUESTIONS

1. Miss Emily LAU asked Question 1.

The Secretary for Home Affairs replied.

Four Members asked supplementaries and the Secretary for Home Affairs and the Secretary for Constitutional Affairs replied.

2. Mrs. Selina CHOW asked Question 2.

The Secretary for the Treasury replied.

Three Members asked supplementaries and the Secretary for the Treasury replied.

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

The Secretary for Housing replied.

Six Members asked supplementaries and the Secretary for Housing replied.

4. Mr. LAU Chin-shek asked Question 4.

The Secretary for Transport replied.

Five Members asked supplementaries and the Secretary for Transport replied.

5. Mrs. Miriam LAU asked Question 5.

The Secretary for Planning, Environment and Lands replied.

Five Members asked supplementaries and the Secretary for Planning, Environment and Lands and the Secretary for Transport replied.

6. Mr. CHEUNG Hon-chung asked Question 6.

The Secretary for Health and Welfare replied.

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

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

BILLS

FIRST READING

Merchant Shipping (Registration) (Amendment) Bill 1995

Land Registration (Amendment) Bill 1995

Town Planning (Amendment) Bill 1995

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

SECOND READING

Merchant Shipping (Registration) (Amendment) Bill 1995

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

Land Registration (Amendment) Bill 1995

Town Planning (Amendment) Bill 1995

The Secretary for Planning, Environment and Lands moved the second reading and addressed the Council on each of the above two bills.

Air Passenger Departure Tax (Amendment) Bill 1995

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

Question on second reading proposed.

One Member spoke on the motion and 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 Air Passenger Departure Tax (Amendment) Bill 1995

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

Question on clauses 1 to 6 put and agreed to.

The Council then resumed.

THIRD READING

The Secretary for the Treasury reported that the

Air Passenger Departure Tax (Amendment) Bill 1995

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.

PRIVATE MEMBER'S MOTIONS

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Edward HO moved the following motion and addressed the Council:

That the Marine Fish Culture (Amendment) Regulation 1995, published as Legal Notice No. 467 of 1995 and laid on the table of the Legislative Council on 25 October 1995, be repealed.

Question on the motion proposed.

The Secretary for Economic Services, one Member and the Secretary for the Treasury spoke on the motion.

Question on the motion put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Edward HO moved the following motion and addressed the Council:

That in relation to the Building (Administration) (Amendment)

(No. 3) Regulation 1995, published as Legal Notice No. 466 of 1995 and laid on the table of the Legislative Council on 25 October 1995, 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 29 November 1995.

Question on the motion proposed, put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Edward HO moved the following motion and addressed the Council:

That the Building (Administration) (Amendment)(No. 3) Regulation 1995, published as Legal Notice No. 466 of 1995 and laid on the table of the Legislative Council on 25 October 1995, be amended in section 1 by repealing “23 November 1995” and substituting “1 December 1995”.

Question on the motion proposed, put and agreed to.

URBAN RENEWAL POLICY

Mr. James TO moved the following motion and addressed the Council:

That this Council expresses deep regret at the failure of the Government to set out in its consultation paper on “Urban Renewal” a comprehensive policy in resolving the long-standing problems in urban renewal, and therefore requests the Government to expeditiously formulate a comprehensive policy to speed up the pace of urban renewal and improve the living standard of people residing in old urban districts, with due emphasis on tackling the problems relating to the acquisition of properties by developers and ensuring that residents affected will be rehoused in the same locality and reasonably compensated.

Question on Mr. James TO's motion proposed.

The President granted approval to Miss Christine LOH to change the terms of the Chinese version of her amendment to Mr. James TO's motion.

Miss Christine LOH and Mr. Edward HO addressed the Council on the motion and their proposed amendments respectively.

12 Members spoke on the motion and the amendments.

At 6:10 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 amendments.

At 6:35 p.m., the President resumed the chair.

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

Miss Christine LOH moved the following amendment to Mr. James TO's motion :

To delete “expeditiously formulate a comprehensive policy” and substitute with “take forward proposals to increase powers of land resumption in conjunction with measures to increase the transparency and accountability of the Town Planning Board, increase minimum levels of statutory compensation to tenants with the aim of increasing payments to the poorest tenants forced out by urban renewal, and increase the availability of public resources, especially land, in order” and to delete “with due emphasis on tackling the problems relating to the acquisition of properties by developers and ensuring” and substitute with “and to ensure”.

Question on Miss Christine LOH's amendment to Mr. James TO's motion proposed.

Mr. James TO spoke on the amendments.

Question on Miss Christine LOH's amendment to Mr. James TO's motion put and negatived.

Mr. Edward HO moved the following amendment to Mr. James TO's motion :

To delete “rehoused in the same locality and reasonably compensated.” and substitute with “fairly compensated, and rehoused according to the principle of equity as applied to all”.

Question on Mr. Edward HO's amendment to Mr. James TO's motion proposed and put. The President stated that he thought the amendment 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 19 votes for the amendment and 35 votes against it. (Voting record in Annex I.) He declared that Mr. Edward HO's amendment to Mr. James TO's motion was negatived. .

Mr. James TO replied.

Question on Mr. James TO's motion put. The President stated that he thought the motion had been carried.

Mr. James TIEN and 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 41 votes for the motion and two votes against it. (Voting record in Annex II.) He declared that Mr. James TO's motion was carried.

PROPOSALS OF THE LEGAL SUB-GROUP OF THE PRELIMINARY WORKING COMMITTEE

Mr. HO Chun-yan moved the following motion and addressed the Council:

That this Council strongly objects to the proposal by the Legal sub-group of the Preliminary Working Committee to repeal in 1997 certain provisions of the Bill of Rights Ordinance as well as to reinstate laws amended by this Council to comply with the Bill of Rights; and urges the Government to review immediately existing laws and present to this Council for amendment those laws which are in breach of the Bill of Rights, so as to enhance the protection of human rights in Hong Kong.

Question on the motion proposed.

Miss Christine LOH moved the following amendment to Mr. HO Chun-yan's motion and addressed the Council.

To add after “to comply with the Bill of Rights” the following: “, to repeal the New Territories Land (Exemption) Ordinance which has the effect of providing all indigenous inhabitants of the New Territories to enjoy equal inheritance rights to rural land, as well as to dissolve the Legislative Council Commission”.

Question on Miss Christine LOH's amendment to Mr. HO Chun-yan's motion proposed.

31 Members spoke on the motion and the amendment.

At 10:35 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another two Members spoke on the motion and the amendment.

At 10:50 p.m., the President resumed the chair.

One further Member and the Secretary for Home Affairs spoke on the motion and the amendment.

Mr. HO Chun-yan spoke on the amendment.

Question on Miss Christine LOH's amendment to Mr. HO Chun-yan's motion put. The President stated that he thought the amendment had been carried.

Miss Christine LOH 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 40 votes for the amendment and 15 votes against it. (Voting record in Annex III.) He declared that Miss Christine LOH's amendment to Mr. HO Chun-yan's motion was carried.

Mr. HO Chun-yan replied.

Question on Mr. HO Chun-yan's motion as amended by Miss Christine LOH put. The President stated that he thought the amended 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 amended motion and 15 votes against it. (Voting record in Annex IV.) He declared that Mr. HO Chun-yan's motion as amended by Miss Christine LOH was carried.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Thursday, 16 November 1995.

Adjourned accordingly at twenty-six minutes to twelve o'clock.

Last Updated on 29 July 1999