LegCo Paper No. CB(3) 859/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 30 of 1995/96

Minutes of the sitting held on Wednesday 29 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 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
    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

Member absent:

    The Honourable Mrs Selina CHOW LIANG Shuk-yee, O.B.E., J.P.

Public officers attending:

Mr Michael SUEN Ming-yeung, C.B.E., J.P.
The Chief Secretary
Mr Rafael HUI Si-yan, J.P.
The Financial Secretary
The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
The Attorney General
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
Mr Leo KWAN Wing-wah, J.P.
Secretary for Economic Services
Mrs Rita LAU NG Wai-lan, J.P.
Secretary for Recreation and Culture
Mrs Stella HUNG KWOK Wai-ching, J.P.
Secretary for Home Affairs

Clerks in attendance:

    Mr Ricky FUNG Choi-cheung, 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. Residential Care Homes (Elderly Persons) (Appeal Board) (Amendment) Regulation 1996

198/96

2. Sewage Services (Sewage Charge) (Amendment) Regulation 1996

199/96

3. Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 1996

200/96

4. Import and Export (Fees) (Amendment) Regulation 1996

202/96

5. Pounds Fees (Amendment) Regulation 1996

203/96

6. Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedule 4) Order 1996

204/96

7. Plant (Importation and Pest Control) (Fees) (Amendment) Regulation 1996

205/96

8. Public Health (Animals and Birds) (Amendment) Regulation 1996

206/96

9. Dairies (Amendment) Regulation 1996

207/96

10. Public Health (Animals and Birds) (Exhibitions) (Amendment) Regulation 1996

208/96

11. Public Health (Animals) (Boarding Establishment) (Amendment) Regulation 1996

209/96

12. Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 1996

210/96

13. Public Health (Animals) (Riding Establishment) (Amendment) Regulation 1996

211/96

14. Official Languages (Alteration of Text) (Air Pollution Control Ordinance) Order 1996

212/96

15. Designation of Museums (Amendment) Order 1996

213/96

16. Public Health and Municipal Services Ordinance (Civic Centres) (Amendment of Thirteenth Schedule) Order 1996

214/96

17. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No.2) Order 1996

215/96

18. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.3) Order 1996

216/96

19. Hawker (Urban Council) (Amendment) Bylaw 1996

217/96

20. Slaughterhouses (Urban Council) (Amendment) Bylaw 1996

218/96

21. Declaration of Markets in the Urban Council Area (Amendment) (No.2) Declaration 1996

219/96

22. Chinese Permanent Cemeteries (Amendment) Rules 1996

220/96

23. Shipping and Port Control Regulations (Amendment of Seventh Schedule) (No.2) Notice 1996

221/96

24. Medical Registration (Amendment) Ordinance 1996 (7 of 1996) (Commencement) Notice 1996

222/96

25. Merchant Shipping (Safety) (Amendment) Ordinance 1996 (20 of 1996) (Commencement) Notice 1996

223/96

26. Official Languages (Authentic Chinese Text) (Hong Kong Treasury Bills (Local) Ordinance) Order

(C) 51/96

27. Official Languages (Authentic Chinese Text) (Hong Kong Treasury Bills (London) Ordinance) Order

(C) 52/96

28. Official Languages (Authentic Chinese Text) (Air Pollution Control Ordinance) Order

(C) 53/96

Sessional Papers 1995/96

No. 83

-

Revisions of the 1995/96 Estimates approved by the Urban Council during the fourth quarter of the 1995/96 financial year

No. 84

-

Regional Council Revised list of works annexed to the Regional Council's Revised Estimates of Revenue and Expenditure for 1995/96

QUESTIONS

1. Miss Christine LOH asked Question 1.

The Secretary for Economic Services replied.

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

2. Mr Howard YOUNG asked Question 2.

The Secretary for Security replied.

Four Members asked supplementaries and the Secretary for Security replied.

3. Mrs Elizabeth WONG asked Question 3.

The Secretary for Recreation and Culture replied.

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

4. Mr CHEUNG Hon-chung asked Question 4.

The Secretary for Education and Manpower replied.

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

5. Miss CHAN Yuen-han asked Question 5.

The Secretary for Security replied.

Four Members asked supplementaries and the Secretary for Security replied.

Written replies to Questions 6 to 18 were tabled for Members’ information.

BILLS

FIRST READING

Hotel Accommodation (Miscellaneous Provisions) Bill 1996

Dentists Registration (Amendment) Bill 1996

Nurses Registration (Amendment) Bill 1996

Employment (Amendment) Bill 1996

Employment (Amendment) (No.2) Bill 1996

Immigration (Amendment) (No.2) Bill 1996

Fire Safety (Commercial Premises) Bill

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

SECOND READING

Hotel Accommodation (Miscellaneous Provisions) Bill 1996

The Secretary for Home Affairs 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.

Dentists Registration (Amendment) Bill 1996

Nurses Registration (Amendment) Bill 1996

The Secretary for Health and Welfare 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.

Employment (Amendment) Bill 1996

Employment (Amendment) (No.2) Bill 1996

The Secretary for Education and Manpower 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.

Immigration (Amendment) (No.2) Bill 1996

Fire Safety (Commercial Premises) Bill

The Secretary for Security 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.

public health and municipal services (amendment) bill 1996

Resumption of debate on second reading which had been moved on 15 May 1996.

A Member spoke on the motion.

The Secretary for Recreation and Culture replied.

Question on second reading put and agreed to.

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

Insurance Companies (Amendment) Bill 1996

Resumption of debate on second reading which had been moved on 14 February 1996.

Question on second reading put and agreed to.

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

Employees' compensation (amendment) bill 1996

Resumption of debate on second reading which had been moved on 8 May 1996.

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 following bills:

public health and municipal services (amendment) bill 1996

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

Question on clauses 1 and 2 put and agreed to.

Insurance Companies (Amendment) Bill 1996

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

Question on clauses 1 to 35 put and agreed to.

Employees' compensation (amendment) bill 1996

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

Question on clauses 1 to 34 put and agreed to.

The Council then resumed.

THIRD READING

The Secretary for Recreation and Culture reported that

the public health and municipal services (amendment) bill 1996

had passed through Committee without amendment. She 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.

The Secretary for Financial Services reported that

the Insurance Companies (Amendment) Bill 1996

had passed through Committee without amendment. She 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.

The Secretary for Education and Manpower reported that

the Employees' compensation (amendment) bill 1996

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.

MEMBER'S MOTIONS

DECLARATION OF POLITICAL STANCE BY CIVIL SERVANTS

Mr SZETO Wah moved the following motion and addressed the Council:

That this Council considers that Hong Kong’s civil service system is the key element in maintaining the social stability, economic prosperity and smooth transition of the community, and opposes any person or organisation requiring, directly or indirectly, civil servants, especially principal policy secretaries, to declare their political stance and using such declaration as the criterion to examine their eligibility for transition to the new Government.

Question on Mr SZETO Wah's motion proposed. The President stated that Miss Emily LAU 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.

Miss Emily LAU moved the following amendment to Mr SZETO Wah's motion and addressed the Council:

To add "; this Council also opposes the secondment of civil servants to the 'Provisional Legislature' as this is equivalent to declaration of political stance" after "transition to the new Government".

Question on Miss Emily LAU's amendment to Mr SZETO Wah's motion proposed.

18 Members spoke on the motion and the amendment.

Mr SZETO Wah spoke on the amendment.

The Secretary for the Civil Service spoke on the motion and the amendment.

Question on Miss Emily LAU's amendment to Mr SZETO Wah's motion put. The President stated that he thought the amendment had been agreed.

Miss Emily LAU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 28 votes for the amendment and 19 votes against it. (Voting record in Annex I.) He declared that Miss Emily LAU's amendment to Mr SZETO Wah's motion was agreed.

Mr SZETO Wah replied.

Question on Mr SZETO Wah's motion as amended by Miss Emily LAU put. The President stated that he thought the amended motion had been carried.

Mr TSANG Kin-shing and Miss Emily LAU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 28 votes for the amended motion and 19 votes against it. (Voting record in Annex II.) He declared that Mr SZETO Wah's motion as amended by Miss Emily LAU was carried.

LEGISLATION ON FAIR TRADE

Dr LAW Cheung-kwok moved the following motion and addressed the Council:

That the Government should enact legislation on fair trade and set up a Fair Trade Commission to enforce such legislation, so as to promote fair competition in various trades and industries and safeguard the interests of consumers.

At 6:36 p.m., the President's Deputy took the chair during the temporary absence of the President.

Question on Dr LAW Cheung-kwok's motion proposed.

Four Members spoke on the motion.

At 7:05 p.m., the President resumed the chair.

Another nine Members and the Secretary for Trade and Industry spoke on the motion.

Dr LAW Cheung-kwok replied.

Question on the motion put and agreed to.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Thursday, 30 May 1996.

Adjourned accordingly at eighteen minutes past eight o’clock.


Last Updated on 29 July 1999