LegCo Paper No. CB(3) 842/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 29 of 1995/96

Minutes of the sitting held on Wednesday 22 May 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 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.
    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 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 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 NGAI Shiu-kit, O.B.E., J.P.
    The Honourable James TO Kun-sun
    The Honourable Paul CHENG Ming-fun

Public officers attending:

Mr Rafael HUI Si-yan, 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 Gordon SIU Kwing-chue, J.P.
Secretary for Economic Services
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 Peter LAI Hing-ling, J.P.
Secretary for Security
Miss Denise YUE Chung-yee, J.P.
Secretary for Trade and Industry
Mr LAM Woon-kwong, J.P.
Secretary for the Civil Service
Mrs Lessie WEI CHUI Kit-yee, J.P.
Secretary for Financial Services

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)



PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Dangerous Drugs (Amendment) Regulation 1996

191/96

2. Building (Oil Storage Installations) (Amendment) Regulation 1996

192/96

3. Places of Public Entertainment (Amendment) Regulation 1996

193/96

4. Building (Planning) (Amendment) Regulation 1996

194/96

5. Building (Construction) (Amendment) Regulation 1996

193/96

6. Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) (Amendment) Regulation 1996

196/96

7. Inland Revenue (Amendment) Ordinance 1996 (19 of 1996) (Commencement) Notice 1996

197/96

8. Official Languages (Authentic Chinese Text) (Apportionment Ordinance) Order

(C) 45/96

9. Official Languages (Authentic Chinese Text) (Crown Leases Ordinance) Order

(C) 46/96

10. Official Languages (Authentic Chinese Text) (Crown Lease (Pok Fu Lam) Ordinance) Order

(C) 47/96

11. Official Languages (Authentic Chinese Text (Crown Rent and Premium (Apportionment) Ordinance) Order

(C) 48/96

12. Official Languages (Authentic Chinese Text) (Civil Aviation (Births, Deaths and Missing Persons) Ordinance) Order

(C) 49/96

13. Official Languages (Authentic Chinese Text (Dangerous Goods (Consignment by Air) (Safety) Ordinance) Order

(C) 50/96

Sessional Paper 1995/96

No. 82

- Report of the Independent Police Complaints Council 1995

Address

Dr C H LEONG presented the "Report of the Independent Police Complaints Council 1995" and addressed the Council.

QUESTIONS

1. Mr CHIM Pui-chung asked Question 1.

The Secretary for Trade and Industry replied.

Two Members asked supplementaries and the Secretary for Trade and Industry replied.

2. Mrs Elizabeth WONG asked Question 2.

The Secretary for Trade and Industry replied.

A Member asked supplementaries and the Secretary for Trade and Industry replied.

3. Dr LAW Cheung-kwok asked Question 3.

The Secretary for Financial Services replied.

A Member asked a supplementary and the Secretary for Financial Services replied.

4. Mr WONG Wai-yin asked Question 4.

The Secretary for Security replied.

Six Members asked supplementaries and the Secretary for Security replied.

5. Mrs Selina CHOW asked Question 5.

The Secretary for Trade and Industry replied.

Three Members asked supplementaries and the Secretary for Trade and Industry replied.

6. Mr TSANG Kin-shing asked Question 6.

The Secretary for the Civil Service replied.

Seven Members asked supplementaries and the Secretary for the Civil Service and the Secretary for Constitutional Affairs replied.

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

MOTION

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

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

That -

(a) the Dangerous Drugs Ordinance (Cap. 134) be amended in section 51(2), by repealing "$50,000" and substituting "$450,000";

(b) the Dangerous Drugs Regulations (Cap. 134 sub. leg.) be amended in regulation 5(7), by repealing "fifty thousand dollars" and substituting "$450,000".

Question on the motion proposed.

A Member spoke on the motion.

The Secretary for Security replied.

Question on the motion put and agreed to.

BILLS

FIRST READING

Dogs and Cats (Amendment) Bill 1996

Telecommunication (Amendment) Bill 1996

Factories and Industrial Undertakings (Amendment) bill 1996

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

SECOND READING

Dogs and Cats (Amendment) Bill 1996

Telecommunication (Amendment) Bill 1996

The Secretary for Economic Services moved the second reading and addressed the Council on each of the above two 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.

Factories and Industrial Undertakings (Amendment) bill 1996

The Secretary for Education and Manpower 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.

Immigration (Amendment) Bill 1996

Resumption of debate on second reading which had been moved on 24 April 1996.

16 Members spoke on the motion.

The Secretary for Security replied.

Question on second reading put. The President stated that he thought the motion had been negatived.

Miss Emily LAU 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 29 votes for the motion and 26 votes against it. (Voting record in Annex I.) He declared that the motion on second reading was carried.

Bill read the second time and committed to a Committee of the whole Council.

COMMITTEE STAGE

The Council went into Committee and considered the IMMIGRATION (AMENDMENT) BILL 1996.

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

Question on clause 1 put and agreed to.

The Secretary for Security moved an amendment to clause 2 and addressed the Committee.

Question on the amendment proposed.

The Chairman stated that Miss Margaret NG had also given notice to move an amendment to clause 2. He proposed that the amendment to clause 2 moved by the Secretary for Security and the amendment to the same clause proposed by Miss Margaret NG be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the amendment moved by the Secretary for Security and the amendment proposed by Miss Margaret NG be debated together in a joint debate.

Miss Margaret NG spoke on the amendment moved by the Secretary for Security as well as her own amendment.

A Member spoke on the amendments.

The Chairman invited Miss Margaret NG to speak for the second time.

Another Member spoke on the amendments.

The Secretary for Security replied.

Question on the Secretary for Security’s amendment put. The Chairman stated that he thought the amendment had been negatived. Mr Ronald ARCULLI and Mr IP Kwok-him claimed a division. The Chairman then ordered the Committee to divide under Standing Order 36(4).

The Chairman announced that there were 29 votes for the amendment and 26 votes against it. (Voting record in Annex II.) He declared that the Secretary for Security's amendment was agreed.

The Chairman stated that Miss Margaret NG might not move her amendment to clause 2 since her proposed amendment was inconsistent with the decision already taken.

Question that clause 2, as amended, stand part of the bill put and ageed to.

The Council then resumed.

THIRD READING

The Secretary for Security reported that

the Immigration (Amendment) Bill 1996

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.

MEMBER'S MOTIONS

STRENGTHENING OF CIVIC EDUCATION FOR YOUTH

Mr LO Suk-ching moved the following motion and addressed the Council:

That, to cast off the shadow of colonial education, this Council urges the Government to expedite the formulation of a clear and comprehensive policy on civic education and to adopt corresponding measures to actively promote civic education to the youth in Hong Kong in an orderly and progressive manner; so as to nurture our younger generation to be citizens with national pride and awareness; social responsibility; a positive and enterprising outlook on life; the ability to think independently; cosmopolitan vision; respect for the spirit of democracy and the rule of law; high ethical and moral values and readiness to shoulder responsibilities for national and community affairs. Question on Mr LO Suk-ching's motion proposed. The President stated that Mr LAU Chin-shek 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 LAU Chin-shek moved the following amendment to Mr LO Suk-ching's motion and addressed the Council:

To delete "to adopt corresponding measures" and "in an orderly and progressive manner"; to insert "awareness to uphold human rights;" after "to be citizens with"; to delete "respect for the spirit of democracy and the rule of law;" and substitute with "the courage to strive for full-scale popular election for the realization of democracy, maintaining judicial independence and sustaining the rule of law;"; and to insert ", thus genuinely relinquishing the colonial rule" after "national and community affairs".

At 7:00 p.m., the President's Deputy took the chair during the temporary absence of the President.

Question on Mr LAU Chin-shek's amendment to Mr LO Suk-ching's motion proposed.

Eight Members spoke on the motion and the amendment.

At 7:50 p.m., the President resumed the chair.

Another three Members spoke on the motion and the amendment.

Mr LO Suk-ching spoke on the amendment.

The Secretary for Home Affairs spoke on the motion and the amendment.

Question on Mr LAU Chin-shek's amendment to Mr LO Suk-ching's motion put. The President stated that he thought the amendment had been agreed.

Mr IP Kwok-him 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 amendment and 16 votes against it. (Voting record in Annex III.) He declared that Mr LAU Chin-shek's amendment to Mr LO Suk-ching's motion was agreed.

Mr LO Suk-ching replied.

Question on Mr LO Suk-ching's motion as amended by Mr. LAU Chin-shek put and agreed to.

PROVISION OF GENERAL PUBLIC MEDICAL SERVICES AT HALF THE NORMAL FEES AND CHARGES TO PERSONS WITH DISABILITY AND THE ELDERLY

Mr Fred LI moved the following motion and addressed the Council:

That this Council urges the Government to provide half-fee concession to persons with disability and the elderly aged 60 and above when charging them for general public medical services.

Question on Mr Fred LI's motion proposed.

12 Members and the Secretary for Health and Welfare spoke on the motion.

Mr Fred LI replied.

Question on the motion put and agreed to.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 29 May 1996.

Adjourned accordingly at six minutes past ten o’clock.


Last Updated on 29 July 1999