LegCo Paper No. CB 414/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 15 of 1995/96

Minutes of the sitting held on Wednesday 24 January 1996 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 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 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 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 Lawrence YUM Sin-ling

Absent:

    The Honourable NGAI Shiu-kit, O.B.E., J.P.
    The Honourable LEE Cheuk-yan
    The Honourable Paul CHENG Ming-fun
    The Honourable LEUNG Yiu-chung
    The Honourable Mrs. Elizabeth WONG CHIEN Chi-lien, C.B.E., I.S.O., 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
The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
The Attorney General
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. Peter LAI Hing-ling, J.P.
Secretary for Security
Mr. KWONG Ki-chi, J.P.
Secretary for the Treasury
Miss Denise YUE Chung-yee, J.P.
Secretary for Trade and Industry

Clerks to the Legislative Council:

    Mr. Ricky FUNG Choi-cheung, 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. Land Registration Fees (Amendment) Regulation 1995

35/96

2. Land Registration (New Territories) Fees (Repeal) Regulation 1995

36/96

3. Land Registration Fees (Amendment) Regulation 1995 (Amendment) Regulation 1996

37/96

4. Land Registration (New Territories) Fees (Repeal) Regulation 1995 (Amendment) Regulation 1996

38/96

5. Land Registration (Amendment) Regulation 1996

39/96

6. Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1996

40/96

7. Aerial Ropeways (Fees) (Amendment) Regulation 1996

41/96

8. Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1996

42/96

9. Designation of Libraries (Urban Council Area) Order 1996

43/96

10. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1996

44/96

11. Declaration of Markets in the Urban Council Area (Amendment) Declaration 1996

45/96

12. Banking (Specification of Public Sector Entities in Hong Kong) (Amendment) Notice 1996

46/96

13. Air Passenger Departure Tax (Amendment) Ordinance 1995 (100 of 1995) (Commencement) Notice 1996

47/96

Sessional Paper 1995/96

No. 53

-

The Hong Kong Institute of Education Annual Report 1994-95 with Financial Report 1994-95

QUESTIONS

1. Mr. SIN Chung-kai asked Question 1.

The Secretary for Security replied.

Seven Members asked supplementaries and the Secretary for Security replied.

2. Mr. Fred LI asked Question 3.

The Secretary for Trade and Industry replied.

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

3. Mr. CHEUNG Hon-chung asked Question 4.

The Secretary for Security replied.

Four Members asked supplementaries and the Secretary for Security replied.

4. Mr. CHOY Kan-pui asked Question 5.

The Secretary for Housing replied.

Two Members asked supplementaries and the Secretary for Housing replied.

5. Mr. Howard YOUNG asked Question 6.

The Secretary for the Treasury replied.

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

6. Mr. NGAN Kam-chuen asked Question 2.

The Secretary for Financial Services replied.

Six Members asked supplementaries and the Secretary for Financial Services replied.

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

MOTIONS

CRIMINAL PROCEDURE ORDINANCE

The Chief Secretary moved the following motion and addressed the Council:

That the Criminal Appeal (Amendment) Rules 1995, made by the Chief Justice on 15 December 1995, be approved.

Question on the motion proposed, put and agreed to.

CRIMINAL PROCEDURE ORDINANCE

The Chief Secretary moved the following motion and addressed the Council:

That the Criminal Procedure (Appeal against Discharge) (Amendment) Rules 1995, made by the Chief Justice on 15 December 1995, be approved.

Question on the motion proposed, put and agreed to.

CRIMINAL PROCEDURE ORDINANCE

The Chief Secretary moved the following motion and addressed the Council:

That the Criminal Procedure (Applications under Section 16) (Amendment) Rules 1995, made by the Chief Justice on 15 December 1995, be approved.

Question on the motion proposed, put and agreed to.

CRIMINAL PROCEDURE ORDINANCE

The Chief Secretary moved the following motion and addressed the Council:

That the Criminal Procedure (Reference of Questions of Law) (Amendment) Rules 1995, made by the Chief Justice on 15 December 1995, be approved.

Question on the motion proposed, put and agreed to.

CRIMINAL PROCEDURE ORDINANCE

The Attorney General moved the following motion and addressed the Council:

That the Criminal Procedure (Witnesses' Allowances) (Amendment) Rules 1996, made by the Chief Justice on 9 December 1995, be approved.

Question on the motion proposed, put and agreed to.

CORONERS ORDINANCE

The Attorney General moved the following motion and addressed the Council:

That the Coroners (Witnesses' Allowances) (Amendment) Rules 1996, made by the Chief Justice on 9 December 1995, be approved.

Question on the motion proposed, put and agreed to.

MEMBER'S MOTIONS

VISA-FREE ENTRY TO UK

Mr. Howard YOUNG moved the following motion and addressed the Council:

That this Council urges the British Government to grant visa-free entry privileges to Hong Kong Special Administrative Region passport holders after 1st July 1997 as well as to continue granting such treatment to British National (Overseas) passport holders from Hong Kong and to make an announcement to this effect as soon as possible.

Question on Mr. Howard YOUNG's motion proposed.

Fifteen Members and the Secretary for Security spoke on the motion.

Mr. Howard YOUNG replied.

Question on the motion put and agreed to.

FREEZING OF GOVERNMENT, PUBLIC UTILITY CORPORATIONS’ FEES AND CHARGES, AND PUBLIC HOUSING RENTALS

Mr. SIN Chung-kai moved the following motion and addressed the Council:

That, in view of the current high inflation, the rising unemployment rate and the Government’s huge surplus and reserve, this Council urges the Government to freeze various fees and charges relating to the people’s livelihood as well as public housing rentals, and also requests all major public utility corporations in the public and private sectors to freeze their fares and charges voluntarily at the present level for one year, in order to alleviate the heavy burden on the livelihood of the general public.

Question on Mr. SIN Chung-kai's motion proposed.

Mr. James TIEN addressed the Council on the motion and his proposed amendment.

At 5:46 p.m., the President's Deputy took the chair during the temporary absence of the President.

Miss CHAN Yuen-han and Mr. YUM Sin-ling addressed the Council on the motion and their proposed amendments respectively.

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

At 6:37 p.m., the President resumed the chair.

Another three Members spoke on the motion and the amendments.

The Financial Secretary 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.

One further Member spoke on the motion and the amendments.

The Financial Secretary 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.

Five other Members spoke on the motion and the amendments.

Mr. SIN Chung-kai spoke on the amendments.

The Financial Secretary spoke on the motion and the amendments.

Mr. James TIEN moved the following amendment to Mr. SIN Chung-kai's motion:

To delete "high inflation, the rising unemployment rate" and substitute with "economic slowdown, high inflation and unemployment rates"; to delete "surplus and"; to delete "various fees and charges relating to the people’s livelihood as well as public housing rentals, and also requests all major public utility corporations in the public and private sectors to freeze their fares and charges voluntarily at the present level" and substitute with "government fees and charges"; to delete "livelihood of the general"; and to add ",stimulate the economy and increase employment opportunities" at the end.

Question on Mr. James TIEN's amendment to Mr. SIN Chung-kai's motion proposed and put. The President stated that he thought the amendment had been negatived.

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 amendment and 38 votes against it. (Voting record in Annex I.) He declared that Mr. James TIEN's amendment to Mr. SIN Chung-kai's motion was negatived.

Miss CHAN Yuen-han moved the following amendment to Mr. SIN Chung-kai's motion:

To delete "various fees and charges relating to the people’s livelihood as well as"; to add "as well as government fees and charges which are directly related to the people’s livelihood" after "public housing rentals"; to delete "all major"; to add "which are operating with surplus" after "public and private sectors"; and to delete "at the present level".

Question on Miss CHAN Yuen-han's amendment to Mr. SIN Chung-kai's motion proposed and put. The President stated that he thought the amendment had been negatived.

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 nine votes for the amendment and 20 votes against it. (Voting record in Annex II.) He declared that Miss CHAN Yuen-han's amendment to Mr. SIN Chung-kai's motion was negatived.

Mr. YUM Sin-ling moved the following amendment to Mr. SIN Chung-kai's motion:

To delete "and private sectors" and substitute with "sector"; to delete "at the present level"; and to insert "(1 April 1996 to 31 March 1997)" after "for one year".

Question on Mr. YUM Sin-ling's amendment to Mr. SIN Chung-kai's motion proposed and put. The President stated that he thought the amendment had been negatived.

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 one vote for the amendment and 45 votes against it. (Voting record in Annex III.) He declared that Mr. YUM Sin-ling's amendment to Mr. SIN Chung-kai's motion was negatived.

Mr. SIN Chung-kai replied.

Question on Mr. SIN Chung-kai's original 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 25 votes for the motion and 19 votes against it. (Voting record in Annex IV.) He declared that Mr. SIN Chung-kai's original motion was carried.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 31 January 1996.

Adjourned accordingly at twelve minutes past eight o’clock.

Last Updated on 29 July 1999