Revised version

OP 95/96-33(1) (Issued at 11.00 a.m. on 26.6.96)

THE LEGISLATIVE COUNCIL
ORDER PAPER

Wednesday, 26 June 1996 at 2.30 p.m.



I. PAPERS

Subsidiary Legislation

L.N. NO.

1. Specification of Arrangements (Government of the Republic of Korea Concerning Air Services)(Double Taxation) Order

248/96

2. Employees Retraining Ordinance (Amendment of Schedule 2) (No.2) Notice 1996

257/96

3. Specification of Public Office

258/96

4. Official Languages (Authentic Chinese Text)(Prevention of Cruelty to Animals Ordinance)Order

(C) 61/96

5. Official Languages (Authentic Chinese Text)(Marine Insurance Ordinance) Order

(C) 62/96

6. Schedule of Routes (New Lantao Bus Company)Order 1996

259/96

7. Registration of Persons (Amendment) (No.2)Regulation 1996

260/96

8. Telecommunication (APSTAR-IA) (Exemption from Licensing) Order

261/96

9. Road Traffic (Safety Equipment) (Amendment)Regulation 1996

262/96

10. Official Languages (Alteration of Text) (Public Officers (Assignment of Emoluments) Ordinance) Order 1996

263/96

11. Sai Kung West Country Park (Wan Tsai Extension)(Designation) Order 1996

264/96

12. Antiquities and Monuments (Declaration of Historical Building) (No.2) Notice 1996

265/96

13. Road Traffic (Amendment) Ordinance 1996 (13 of 1996) (Commencement) Notice 1996

266/96

14. Employees' Compensation (Amendment) Ordinance 1996 (36 of 1996) (Commencement) Notice 1996

267/96

15. Official Languages (Authentic Chinese Text)(Hang Lung Bank (Acquisition) Ordinance) Order

(C) 63/96

16. Official Languages (Authentic Chinese Text)(Electricity Networks (Statutory Easements)Ordinance) Order

(C) 64/96

17. Official Languages (Authentic Chinese Text)(Public Officers (Assignment of Emoluments)Ordinance) Order

(C) 65/96

18. Official Languages (Authentic Chinese Text)(Overseas Trust Bank (Acquisition) Ordinance)Order

(C) 66/96

19. Official Languages (Authentic Chinese Text)(Basel Evangelical Missionary Society Incorporation Ordinance) Order

(C) 67/96

20. Official Languages (Authentic Chinese Text)(Dominican Missions Ordinance) Order

(C) 68/96

21. Gas Safety (Gasholders Examination) Regulation

268/96

22. Dangerous Goods (General) (Amendment) Regulation 1996

269/96

23. Dangerous Goods (Government Explosives Depots)(Amendment) Regulation 1996

270/96

24. Mining (General) (Amendment) Regulation 1996

271/96

25. Mines (Safety) (Amendment) Regulation 1996

272/96

26. Public Cemeteries (Urban Council) (Amendment)Bylaw 1996

273/96

27. Food Business (Urban Council) (Amendment) Bylaw 1996

274/96

28. Abattoirs (Urban Council) (Amendment) Bylaw 1996

275/96

29. Slaughterhouses (Urban Council) (Amendment)(No.2) Bylaw 1996

276/96

30. Matrimonial Causes (Amendment) Ordinance 1995(29 of 1995) (Commencement) Notice 1996

277/96

31. Matrimonial Causes (Amendment) Rules 1996(L.N. 172 of 1996) (Commencement) Notice 1996

278/96

32. Matrimonial Causes (Fees) (Amendment) Rules 1996(L.N. 251 of 1996) (Commencement) Notice 1996

279/96

33. Official Languages (Authentic Chinese Text)(Aliens (Rights of Property) Ordinance) Order

(C) 69/96

34. Official Languages (Authentic Chinese Text)(Po Leung Kuk Ordinance) Order

(C) 70/96

35. Official Languages (Authentic Chinese Text)(Pentecostal Holiness Church Incorporation Ordinance) Order

(C) 71/96

36. Official Languages (Authentic Chinese Text)(Hong Kong Christian Council Incorporation Ordinance) Order

(C) 72/96

37. Official Languages (Authentic Chinese Text)(Director of Social Welfare Incorporation Ordinance) Order

(C) 73/96

38. Official Languages (Authentic Chinese Text)(The St. Stephen's Girls' College Council Incorporation Ordinance) Order

(C) 74/96

39. Official Languages (Authentic Chinese Text)(Public Order Ordinance) Order

(C) 75/96

Sessional Papers 1995/96

1. No. 87 - Report of changes to the approved Estimates of Expenditure approved during the final quarter of 1995-96 Public Finance Ordinance : Section 8

(to be presented by the Secretary for the Treasury)

2. No. 88 - Director of Social Welfare Incorporated Statement of Accounts for the year ended 31 March 1995

(to be presented by the Secretary for Health and Welfare)

3. No. 89 - Report by Commissioner of Correctional Services on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 1995

(to be presented by the Secretary for Security)

4. No. 90 - 1995 Annual Report by the Commissioner of the Independent Commission Against Corruption

(to be presented by Mr. Ronald ARCULLI who will address the Council)

5. No. 91 - Report on the Administration of the Fire Services Welfare Fund for the year ended 31st March, 1995

(to be presented by the Secretary for Security)

6. No. 92 - 1995 Annual Report of the Independent Commission Against Corruption Complaints Committee

(to be presented by Mr. Allen LEE who will address the Council)

Miscellaneous

Supplementary Report by the United Kingdom of Great Britain and Northern Ireland in respect of Hong Kong under the International Covenant on Civil and Political Rights

(to be presented by the Secretary for Home Affairs)


II. QUESTIONS

Questions permitted by the President under Standing Order No. 17(4)

Dr. C.H. LEONG to ask :

Will the Chief Secretary give a full account to this Council of her recent visit to North America?

Public Officer to reply : Chief Secretary

1. Miss Margaret NG to ask :

It is learnt that in a recent criminal court case, the Chief Secretary signed two "public interest immunity certificates" claiming that certain documents should not be disclosed on the ground that it was in the interest of the public to protect the identity of the informant concerned. The presiding Judge dealt with the certificates by ordering some of the documents in question to be disclosed, and it was subsequently held that there was no case to answer. In this connection, will the Government inform this Council:

  1. who decides that a public interest immunity certificate is necessary in any given case; and what guidelines will be taken into consideration before a decision is made to request the Chief Secretary to sign a public interest immunity certificate;
  2. of the number of public interest immunity certificates signed by the Chief Secretary in the past three years; and
  3. whether the Chief Secretary has ever refused to sign any public interest immunity certificate in the past three years; and if so, in how many cases?

Public Officer to reply : Attorney General

2. Mr. LO Suk-ching to ask : (Translation)

The use of pagers by teenage students is becoming increasingly common and is causing concern among schools as well as parents. In view of this, will the Government inform this Council whether, in respect of those rental and service contracts entered into with persons below the age of 18, any guideline has been issued to the paging service operators requesting them to seek the consent and countersigning of the parents or guardians of such persons; if not, whether consideration will be given to formulating such guidelines?

Public Officer to reply : Secretary for Economic Services

3. Mr. James TO to ask : (Translation)

The Standing Committee of the National People's Congress of the People's Republic of China (PRC) has passed a draft document clarifying how the PRC's Nationality Law would apply in the Hong Kong Special Administrative Region (SAR) from 1 July 1997. It is stated in the document that Hong Kong residents with foreign nationality may declare their foreign nationality to the relevant authorities of the SAR by producing valid documents. In this connection, will the Government inform this Council of its stance on such an arrangement and whether it has sought clarification from the Chinese officials concerned regarding the following:

  1. whether returning Hong Kong residents with foreign nationality who do not declare their foreign nationality will be deemed to be Chinese nationals; if so, what the response of the Chinese officials is;
  2. whether returning Hong Kong residents with foreign nationality will automatically obtain the permanent SAR resident status after they have declared their foreign nationality, or whether they must go through certain procedures such as making an application or a declaration before they can obtain such status; if so, what the response of the Chinese officials is;
  3. the legal basis on which returning Hong Kong residents who have declared their foreign nationality can obtain the permanent SAR resident status and enjoy the rights and obligations pertaining to that status, such as political rights and the obligation to pay tax; if so, what the response of the Chinese officials is; and
  4. how the authorities concerned will deal with the question of the nationality and permanent SAR resident status of children born in Hong Kong to returning Hong Kong residents who have declared their foreign nationality; if so, what the response of the Chinese officials is?

Public Officer to reply : Secretary for Security

4. Mr. Ambrose LAU to ask : (Translation)

In regard to the proposed Western Corridor Railway project which straddles 1997, will the Government inform this Council:

  1. of the number of consultancy contracts expected to be awarded by the Kowloon-Canton Railway Corporation (KCRC) in addition to the consultancy contracts at a total cost of $434 million already awarded so far; what the areas of study and the costs of consultancy contracts expected to be awarded are and whether the Chinese side will be consulted before these consultancy contracts are awarded; and
  2. what preparatory or preliminary work, consultancy studies and design works of the project have been completed now; and whether the KCRC has notified, or obtained the agreement of, the Government before undertaking the consultancy studies and design works?

Public Officer to reply : Secretary for Transport

5. Mr. Eric LI to ask : (Translation)

The Kowloon-Canton Railway Corporation (the Corporation) recorded after-tax profits of around $1.1 billion and $0.9 billion in 1994 and 1995 respectively. However, the Government did not request the Corporation to pay to the Government a sum from the Corporation's net profit in these two years under section 9(1) of the Kowloon-Canton Railway Corporation Ordinance. In this connection, will the Government inform this Council:

  1. of the basis and considerations for the Government not asking the Corporation to make the above payment to the Government; and whether the Government's decision was related to the expenses which the Corporation will spend on consultancy studies concerning the proposed Western Corridor Railway project;
  2. whether it knows if the Corporation will seek to secure loans to pay for the expenses in connection with the above consultancy studies; and
  3. whether the Government has discussed with the Managing Board of the Corporation the question of the Corporation making payment to the Government for this year and thereafter; if so, what the outcome is?

Public Officers to reply : Secretary for Transport
Secretaryfor the Treasury

6. Mr. K.K. FUNG to ask : (Translation)

It is learnt that the Housing Authority spent about $2.72 million in 1995/96 on publicising the policy of "Safeguarding Rational Allocation of Public Housing Resources", of which $1.3 million was spent on publicity in newspapers and on radio and television. On the other hand, the accumulated expenses on publicising the "Rent Assistance Scheme" since its implementation in 1992/93 only amounted to some $580,000, averaging about $145,000 per year. In this connection, will the Government inform this Council if it is aware:

  1. of the reasons for such a disparity in the expenses on publicising the two housing policies; and
  2. whether additional provision will be made available for publicising the "Rent Assistance Scheme" so that regular publicity can be launched in newspapers and on radio and television; if so, when the additional provision will be forthcoming; if not, why not?

Public Officer to reply : Secretary for Housing

* 7. Mr. Edward HO to ask :

The sites surrounded by Kennedy Town New Praya, Catchick Street, Davis Street, Cadogan Street and Belcher's Street in Western District have been zoned as a Comprehensive Development Area for more than seven years, and there have not been plans by any public or private agencies to develop the sites comprehensively. In view of this, will the Government inform this Council whether it has any definite plan for a comprehensive development of these sites and if not, whether it will apply to the Town Planning Board to re-zone these sites for residential or commercial uses so that the private property owners concerned can develop the properties on their own?

Public Officer to reply : Secretary for Planning, Environment and Lands

* 8. Mr. CHEUNG Hon-chung to ask : (Translation)

Many vehicles (such as 7-seater private cars, light goods vehicles and light goods/passenger vans) are now installed with crashproof headframes after registration. According to overseas studies reported in the press, pedestrians who are hit by vehicles installed with this type of headframes may suffer serious injury or death. In view of this, will the Government inform this Council whether the installation of crashproof headframes on vehicles after registration is legal; if not, whether prosecution will be instituted against owners of such vehicles?

Public Officer to reply : Secretary for Transport

* 9. Mr. SIN Chung-kai to ask :

Regarding the proposal to set up a Mortgage Corporation, will the Government inform this Council:

  1. why, in addition to playing the role of an agency or a regulatory body in assessing the quality of mortgage pool, the Mortgage Corporation should take up the intermediary role which can be played by the private sector;
  2. of the benchmark which will be adopted by the Mortgage Corporation in setting the price of the mortgage-backed securities (MBS);
  3. of the difference in status between the MBS issued by the Mortgage Corporation and the Exchange Fund Notes issued by Hong Kong Monetary Authority;
  4. whether it knows of any government-owned mortgage corporation in other countries which is incorporated as a private limited company; and
  5. whether it knows of any central bank in other countries which runs profit-making businesses such as a mortgage corporation?

Public Officer to reply : Secretary for Financial Services

*10. Mr. Howard YOUNG to ask :

There has been an increase in the population in Tai Tam and its nearby areas as a result of the completion of a number of new residential projects in the area. This has led to an increase in traffic volume which will increase the risk of traffic accidents occurring along the narrow road on the Tai Tam Reservoir dam connecting the eastern and south-eastern parts of Kong Kong Island. In view of this, will the Government inform this Council whether it has any plan to widen the roads in the areas adjacent to Tai Tam, particularly the narrow road on the dam; if so, what the plans are; if not, why not?

Public Officer to reply : Secretary for Transport

*11. Miss Christine LOH to ask :

Before the abolition of capital punishment, persons who were under 18 years old convicted of murder were sentenced to be detained subject to Her Majesty's pleasure. Will the Government inform this Council whether any thought has been given to the arrangements which would be made concerning the status of such prisoners in Hong Kong after 1997, when Her Majesty will no longer be able to signify her pleasure through the Governor in respect of Hong Kong prisoners?

Public Officer to reply : Secretary for Security

*12. Mr. CHEUNG Man-kwong to ask : (Translation)

Since the implementation of the Amusement Game Centres Ordinance (the Ordinance) in December 1993, some amusement game centres are still found providing video games with obscene, gambling or violent contents and also allowing children to play these games in contravention of the licensing conditions for such centres. In this connection, will the Government inform this Council of:

  1. the number of inspections conducted on amusement game centres as well as the number of amusement game centres inspected by the Television and Entertainment Licensing Authority (TELA) in 1994 and 1995;
  2. the total number of written warnings issued by TELA to those amusement game centres providing video games with obscene, gambling or violent contents, and the number of amusement game centres whose licences have been revoked or which have been prosecuted for providing such games, since the implementation of the Ordinance; and
  3. the total number of amusement game centres licensed to admit persons of the age of 16 and above which have been warned or prosecuted, or whose licences have been suspended, for admitting children under the age of 16 or wearing school uniform since the implementation of the Ordinance?

Public Officer to reply : Secretary for Broadcasting, Culture and Sport

*13 Dr. CHEUNG Bing-leung to ask : (Translation)

At present, clusters of village houses and small houses built in close proximity to one another exist in certain areas of the New Territories, giving rise to concerns about the handling of emergencies in such areas. In view of this, will the Government inform this Council:

  1. whether the granting of approval for the construction of village houses or small houses in such areas is subject to sufficient clearance being provided for access of emergency vehicles (e.g. fire engines and ambulances);
  2. if the answer to (a) is in the negative, how it ensures that there is sufficient clearance in such areas for access of emergency vehicles in case of emergencies; and
  3. whether the authorities concerned have encountered any difficulty or delay in carrying out rescue operations in such areas in the past three years due to the above problem; if so, of the number of such cases?

Public Officer to reply : Secretary for Planning, Environment and Lands

*14. Mr. CHOY Kan-pui to ask : (Translation)

Will the Government inform this Council whether the Environmental Protection Department (EPD) is responsible for undertaking tests on the air quality inside all existing road tunnels in the territory to ascertain if the air quality therein meets the standard set by the EPD; if so, what measures does the EPD have for monitoring the air quality inside the road tunnels in order to safeguard the public's health?

Public Officer to reply : Secretary for Planning, Environment and Lands

*15. Mr. Albert CHAN to ask : (Translation)

Recently, I have received numerous complaints from residents in Tsuen Wan concerning drug addicts taking drugs by injection in the staircases of private buildings and leaving behind a lot of used syringes. Although I have referred such cases to the Police on a number of occasions, the residents making the complaints have claimed that the situation has not improved. In view of this, will the Government inform this Council:

  1. whether the Police will take action if members of the public who witness drug addicts taking drugs by injection in staircases report such cases through the '999' emergency hotline;
  2. what plans and measures are in place to tackle the problem of drug addicts taking drugs by injection in the staircases of private buildings; and
  3. of the effectiveness of the 'high-rise patrol programme' which the Police had carried out in buildings located in crime blackspots; and whether the programme is still in place, if so, whether it will consider extending the areas covered by the programme?

Public Officer to reply : Secretary for Security

*16. Mr. Eric LI to ask : (Translation)

In view of the large number of textbook publishers in the territory and the varied standards of the textbooks, will the Government inform this Council:

  1. of the measures in place to monitor the contents of textbooks;
  2. whether it will consider regulating the selling prices of textbooks; and
  3. whether it has any knowledge of the criteria adopted by schools in the selection of textbooks?

Public Officer to reply : Secretary for Education and Manpower

*17. Dr. Samuel WONG to ask : (Translation)

Will the Government inform this Council of:

  1. the respective numbers of students admitted to various Departments in the Engineering Faculty (including the Department of Computer Studies) in each of the tertiary institutions in the 1995/96 academic year; and the number of the above students who are already in possession of a Higher Diploma or Certificate in Engineering, as well as the number of such students who have been admitted directly to study in the second year of their programmes, in each of the tertiary institutions?

Public Officer to reply : Secretary for Education and Manpower

*18. Mr. Fred LI to ask : (Translation)

Under the existing legislation, the maximum penalty for rape is imprisonment for life, whereas the maximum penalty for incest is imprisonment for seven years with the exception of those cases where the victims are under the age of 13 years. In view of this, will the Government inform this Council:

  1. of the number of incest cases in each of the past three years;
  2. the reasons for such a disparity between the maximum penalty imposed for rape and that imposed for incest, having regard to the enormous trauma suffered by the incest victim; and
  3. whether it will review the penalties for rape and incest?

Public Officer to reply : Secretary for Security

*19. Dr. David LI to ask :

In view of the report that the Governments of Hong Kong and Singapore are exploring an exchange programme for civil servants of the two Governments, will the Government inform this Council:

  1. of the objective of this exchange programme;
  2. of the expected commencement date of the programme and its duration;
  3. of the criteria to be adopted in selecting civil servants to participate in the exchange programme; and
  4. whether the Hong Kong Government will consider expanding the exchange programme to include other countries?

Public Officer to reply : Secretary for the Civil Service

*20. Mr. LEUNG Yiu-chung to ask : (Translation)

Will the Government inform this Council:

  1. of the total number of applications for ex-gratia payment from the Protection of Wages on Insolvency Fund (the Fund) in 1995/96, together with a breakdown of the applicants by trade; and
  2. how the Labour Department determines the target set out in its performance pledge of completing the processing of an application for ex-gratia payment within four to ten weeks; and whether, in setting such a target, consideration has been given to the actual financial situation of the applicants?

Public Officer to reply : Secretary for Education and Manpower

* For written reply.


III. MOTIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

Secretary for Education and Manpower:

(WITHDRAWN)

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

Secretary for Education and Manpower:

(WITHDRAWN)

SEX DISCRIMINATION ORDINANCE

Secretary for Education and Manpower:

(WITHDRAWN)

1. BIRTHS AND DEATHS REGISTRATION ORDINANCE

Secretary for Security:

(See Resolution at Annex I)

2. FOREIGN MARRIAGE ORDINANCE

Secretary for Security:

That with effect from 15 July 1996 the Foreign Marriage Ordinance be amended -

(a) in section 5, by repealing "$55" and substituting "$60";

(b) in section 6, by repealing "$540" and substituting "$590".

3. LEGITIMACY ORDINANCE

Secretary for Security:

That with effect from 15 July 1996 the Schedule to the Legitimacy Ordinance be amended -

(a) in paragraph 5, by repealing "$270" and substituting "$295";

(b) in paragraph 6(1), by repealing "$110" and substituting "$120".

4. DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE

Secretary for Security:

That the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) (Amendment) Order 1996, made by the Governor in Council on 4 June 1996, be approved.

5. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Secretary for Security:

That the Dangerous Drugs (Amendment) Regulation 1996, published as Legal Notice No. 191 of 1996 and laid on the table of the Legislative Council on 22 May 1996, be amended in section 4, by adding -

"(d) by adding -

"(8) It is a defence for a person charged with committing an offence under paragraph (7) in relation to paragraph (1) to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.".".

6. TRADING FUNDS ORDINANCE

Secretary for Works:

(See Resolution at Annex II)


IV. BILLS

FIRST READING

  1. Legal Services Legislation (Miscellaneous Amendments) Bill 1996
  2. Administration of Justice (Miscellaneous Provisions) Bill 1996
  3. Social Workers Registration Bill
  4. Child Care Centres (Amendment) Bill 1996
  5. Supplementary Appropriation (1995-96) Bill 1996

SECOND READING

Debates to be adjourned

1. Legal Services Legislation (Miscellaneous Amendments) Bill 1996

:

Attorney General

2. Administration of Justice (Miscellaneous Provisions) Bill 1996

:

Attorney General

3. Social Workers Registration Bill

:

Secretary for Health and Welfare

4. Child Care Centres
(Amendment) Bill 1996

:

Secretary for Health and Welfare

5. Supplementary Appropriation (1995-96) Bill 1996

:

Secretary for the Treasury

Debates to be resumed

6. Costs in Criminal Cases Bill

:

Attorney General

7. Criminal Procedure
(Amendment) Bill 1996

:

Secretary for Security

8. Mental Health (Amendment)
Bill 1996

:

Secretary for Security

9. Import and Export
(Amendment) Bill 1996

:

Secretary for Trade and Industry

10. Control of Chemicals
(Amendment) Bill 1996

:

Secretary for Trade and Industry

11. Reserved Commodities
(Amendment) Bill 1996

:

Secretary for Trade and Industry

12. Trade Descriptions
(Amendment) Bill 1996

:

Secretary for Trade and Industry

13. Toys and Children's Products Safety
(Amendment) Bill 1996

:

Secretary for Trade and Industry

14. Consumer Goods Safety
(Amendment) Bill 1996

:

Secretary for Trade and Industry

15. Dutiable Commodities
(Amendment) Bill 1996

:

Secretary for the Treasury

COMMITTEE STAGE AND THIRD READING

1. Costs in Criminal Cases Bill

:

Attorney General

2. Criminal Procedure
(Amendment) Bill 1996

:

Secretary for Security

3. Mental Health (Amendment) Bill 1996

:

Secretary for Security

4. Import and Export (Amendment) Bill 1996

:

Secretary for Trade and Industry

5. Control of Chemicals (Amendment) Bill 1996

:

Secretary for Trade and Industry

6. Reserved Commodities (Amendment) Bill 1996

:

Secretary for Trade and Industry

7. Trade Descriptions
(Amendment) Bill 1996

:

Secretary for Trade and Industry

8. Toys and Children's Products Safety
(Amendment) Bill 1996

:

Secretary for Trade and Industry

9. Consumer Goods Safety
(Amendment) Bill 1996

:

Secretary for Trade and Industry

10. Dutiable Commodities
(Amendment) Bill 1996

:

Secretary for the Treasury


V. MEMBER'S MOTIONS

1. HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)

Dr. C.H. LEONG :

That the Standing Orders of the Legislative Council of Hong Kong be amended in Standing Order No. 19 -

  1. by repealing paragraph (6) and substituting -

    "(6) If a Member is not present to ask his question when his name is called the question may with his consent be asked by another Member, but otherwise shall be treated as a question for which a written answer has been sought.";

  2. be repealing paragraph (8) and substituting -

    "(8) A Member who has given notice of a question may withdraw the question by giving notice to the Clerk before 1.00 p.m. on the day of the sitting at which the question is to be asked.".

2. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Fred LI :

That the Waterworks (Amendment) Regulation 1996, published as Legal Notice No. 176 of 1996 and laid on the table of the Legislative Council on 15 May 1996, be amended in section 4, in new Part III -

  1. in item 1(a), by repealing "$7.77" and substituting "$7.11";
  2. in item 1(e), by repealing "$5.01" and substituting "$4.58";
  3. in item 1(f), by repealing "$5.01" and substituting "$4.58";
  4. in item 1(g), by repealing "$5.01" and substituting "$4.58".

Public Officers to reply : Secretary for Works
Secretaryfor the Treasury

3. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Fred LI :

That the Waterworks (Amendment) Regulation 1996, published as Legal Notice No. 176 of 1996 and laid on the table of the Legislative Council on 15 May 1996, be amended in section 4, in new Part III -

  1. in item 1(b) -
    1. in paragraph (ii) by repealing "$4.51" and substituting "$4.16";
    2. in paragraph (iii) by repealing "$7.00" and substituting "$6.45";
    3. in paragraph (iv) by repealing "$9.82" and substituting "$9.05";
  2. in item 1(c)(ii) by repealing "$5.01" and substituting "$4.58".

Public Officers to reply : Secretary for Works
Secretary for the Treasury

4. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Dr. John TSE :

That in relation to the Sewage Services (Sewage Charge) (Amendment) Regulation 1996 and Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 1996, published as Legal Notices Nos. 199 and 200 of 1996 respectively and laid on the table of the Legislative Council on 29 May 1996, 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 3 July 1996.

5. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW :

That in relation to the Hotel and Guesthouse Accommodation (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 224 of 1996 and laid on the table of the Legislative Council on 5 June 1996, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of the Ordinance until 10 July 1996.

6. INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. James TIEN :

That the Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 1996, published as Legal Notice No. 167 of 1996 and laid on the table of the Legislative Council on 8 May 1996, be amended by repealing section 2 and substituting :

"2. Charges for disposal of chemical waste other than special chemical waste

Schedule 1 to the Waste Disposal (Charges for Disposal of Chemical Waste) Regulation (Cap.354 sub. leg.) is amended in column 3 by repealing "1,589", "97", "30", "500", "773", "26", "389", "779", "1,391" where it twice appears, "573", "194", "4,051", "11,344" where it twice appears, "581", "4,862" and "430" and substituting "1,907", "116", "36", "600", "928", "31", "467", "935", "1,669", "688", "233", "4,861", "13,613", "697", "5,834" and "516" respectively.".

Public Officers to reply : Secretary for Planning, Environment and Lands
Secretary for the Treasury

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. LEE Cheuk-yan :

(WITHDRAWN)

7. INDUSTRIAL SAFETY

Mr. TSANG Kin-shing : (Translation)

That this Council is extremely concerned about the recent occurrence of a number of serious industrial accidents in the territory which resulted in casualties among workers and urges the Government:

  1. to take emergency measures to prevent the recurrence of serious industrial accidents;
  2. to provide all the necessary assistance to the families of the victims of industrial accidents; and
  3. to step up law enforcement and impose heavy penalties on persons who fail to comply with the industrial safety legislation, so as to achieve a deterrent effect.

Amendment to Mr. TSANG Kin-shing's motion

Miss CHAN Yuen-han : (Translation)

To delete everything after the words "casualties among workers" and substitute with the following:

",which was obviously due to the Government's lack of a systematic and comprehensive monitoring policy on preventing industrial accidents and to the absence of a statutory body to co-ordinate all matters pertaining to occupational safety and health, and urges that, in the long run, the Government should set up a statutory body with authoritative power and to immediately adopt the following measures, so as to improve the current situation:

  1. to convene, on a regular basis, the inter-departmental meetings which were held recently in response to industrial safety issues;
  2. to deploy staff from the Occupational Safety and Health Council and the Labour Department to inspect work places throughout the territory;
  3. to expeditiously implement all the recommendations contained in the 'Consultation Paper on the Review of Industrial Safety in Hong Kong', including the early completion of drafting work on bills amending the existing legislation;
  4. to impose substantial penalties for non-compliance with industrial safety legislation; and
  5. to introduce a point-deduction and license suspension scheme for contractors as well as to require contractors to submit periodic safety records, and

    to provide the necessary assistance to the families of victims of industrial accidents."

Public Officer to attend : Secretary for Education and Manpower

8. IMPLEMENTATION OF 'ONE COUNTRY TWO SYSTEMS'

Mr. Martin LEE : (Translation)

That this Council urges the Chinese Government to fully adhere to the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy" and to refrain from interfering in Hong Kong’s internal affairs; and appeals to Hong Kong people to safeguard democracy, the rule of law, human rights, freedom and our way of life.

Amendments to Mr. Martin LEE's motion

1. Mr. IP Kwok-him : (Translation)

To delete "this Council urges the Chinese Government to fully adhere" and substitute with ", for the smooth establishment of the Hong Kong Special Administrative Region and for giving effect"; to delete "and to refrain from interfering in Hong Kong's internal affairs; and" and substitute with ", this Council"; and to delete "safeguard democracy, the rule of law, human rights, freedom and our way of life" and substitute with "unite and make concerted efforts to uphold the Joint Declaration and the Basic Law, and to support the work of the Preparatory Committee for the Special Administrative Region".

2. Mr. David CHU : (Translation)

To delete "urges the Chinese Government to fully adhere to the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy" and to refrain from interfering in Hong Kong's internal affairs; and appeals to Hong Kong people to safeguard democracy, the rule of law, human rights, freedom and our way of life" and substitute with "is pleased to acknowledge the undertaking by the Chinese Government that it will fully practise the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy"; welcomes the assurance made recently by the Chinese Government through its Director of the Hong Kong and Macau Affairs Office that any departments of the central government or provincial government will be prohibited from interfering in Hong Kong's internal affairs; and appeals to the Hong Kong people to cooperate with China in the further development of democracy, the rule of law, human rights, freedom and our way of life as clearly stipulated in the Basic Law".

3. Mr. LEUNG Yiu-chung : (Translation)

To delete "urges the Chinese Government" and substitute with "is of the view that"; to delete "fully" from "to fully adhere"; to add ", the Court of Final Appeal in considering cases should have the right to interpret all the provisions contained in the Basic Law; the election of the Chief Executive and all members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) and any national law which has a bearing on the rights of HKSAR's citizens must not be in contravention of the international human rights standards; this Council further urges the Chinese Government not to indiscriminately interfere" after ""Hong Kong people ruling Hong Kong with a high degree of autonomy""; to delete "and to refrain from interfering" and "; and appeals to Hong Kong people"; and to add "and that Hong Kong should have the courage" before "to safeguard".

Public Officer to attend : Secretary for Constitutional Affairs


Last Updated on 29 July 1999