2.The Chairman said that pursuant to the House Committees decision at the last meeting that LegCo should only scrutinize subsidiary legislation which had to be passed before 1 July 1997, the Administration had deleted two items from the previous list, leaving a total of 15 items which would be tabled in LegCo before 1 July 1997. The letter from the Director of Administration dated 5 June 1997 was tabled at the meeting (in Appendix I).

3.The Chairman said that given the limited time available, it was not possible for LegCo to give proper consideration to all the 15 items. He referred members to the new priority list and made the following suggestions for members consideration -

- Items 1,2,6,7,8 and 9 which had to be passed before 1 July 1997 should be scrutinized;

- Items 3-5 would be scrutinized provided that they were not too complex; and

- There was no urgency to scrutinize items 10-15.

4.In response to Mr Edward HO, the Legal Adviser said that item 6 was related to the Child Abduction and Custody Ordinance which sought to extend the Hague Convention on Civil Aspects of International Child Abduction to Hong Kong after 30 June 1997. As China was not a member state of the Hague Convention, there was urgency to pass the subsidiary legislation before 1 July 1997, and the Joint Liaison Group had agreed to the arrangement. Mr HO said that he was concerned whether there was sufficient time for scrutinizing the item as it would only be tabled in LegCo on 23 June 1997. The Legal Adviser responded that the Administration should be asked to gazette the item as early as possible so that members could have more time for scrutiny.1. 5.Referring to the Auxiliary Medical Service and Civil Aid Service Regulations (items 10 & 11), Mr Howard YOUNG expressed concern as to whether delay in enactment would affect the deployment of the two Services in handover-related activities. The Legal Adviser replied in the negative.

6.Mr James TO asked whether the legislative process was in order if the scrutiny period in respect of an item of subsidiary legislation fell short of 28 days. The Legal Adviser said that the Attorney Generals Chambers was of the opinion that it was legally in order for subsidiary legislation which did not require the positive resolution procedure in LegCo to take effect upon gazettal, although LegCo had not been given the 28-day vetting period as provided in section 34 of the Interpretation and General Clauses Ordinance (Cap.1). A High Court Judges ruling supported this view.

7.Mr TO said that he had reservations about the legal opinion. He pointed out that LegCo was given the power to scrutinize subsidiary legislation made under various ordinances and the scrutiny process could not be regarded as complete if the actual scrutiny period fell short of 28 days. He was concerned about the validity of any subsidiary legislation continued in force in such manner. He cautioned that controversial items such as the Government Rent (Assessment and Collection) Regulation might be subject to challenge in court if the Council did not have the full period for intervention under section 34 of Cap. 1, i.e. 28 days plus one sitting after the item had been tabled in LegCo. However, he would still prefer LegCo to deal with the subsidiary legislation in question than to leave them to the Provisional Legislative Council.

8.Members supported the Chairmans suggestion. The Chairman said that he would reflect the views of members and Mr TO to the Chief Secretary.	Chairman

(ii)Five resolutions under sections 113,114 and 36 of the Bankruptcy Ordinance (Cap. 6)

9.Referring members to the letter from the Secretary for Financial Services, the Chairman said that the Administration was of the view that the five motions should not be deferred. He invited members view on the subject.

10.In response to Dr YEUNG Sum, Mr Eric LI said that he had previously raised concerns about the resolutions, having regard to the views expressed by the relevant professional bodies. The Administration had subsequently consulted the Hong Kong Bar Association and the Hong Kong Society of Accountants (HKSA), and the HKSAs initial response was that the resolutions did not contain controversial issues and that it would not object to their introduction in the current session.

11.Given the complexity of the resolutions and the tight schedule, the Chairman suggested that the Administration be requested to withdraw them. Members agreed.	Clerk

(iii)Resolution under section 100A of the Interpretation and General Clauses Ordinance (Cap. 1)

12. The Chairman advised members that the Administration had agreed that the resolution could be deferred until after 1 July 1997.

(b)Visit to London

13.Mr James TO made a verbal report on his visit to London. He said that he had reflected members concerns about late applications for BN(O) passports and resettlement opportunities for Vietnamese refugees to the Foreign Secretary on 28 May 1997. The Foreign Secretarys stance on the BN(O) passport issue was the same as that of the British Trade Commission, i.e. the British Government had dealt with late BN(O) applications in a fair and just manner within the legal and practical constraints before 30 June 1997. The Foreign Secretary suggested that if members were aware of any specific cases of unfair rejection of late applications, he should be provided with the details. Mr TO asked the LegCo Secretariat to follow up. He hoped that in the light of these cases, the British Government would review its policy in handling late applications. Members agreed.

Clerk

14.On the Vietnamese refugee issue, Mr TO said that the Foreign Secretary had responded that the United Kingdom had already accepted her fair share of refugees. Mr TO opined that such an attitude was highly irresponsible and the British Government could not claim that its withdrawal from Hong Kong was honourable. The Chairman said that he would write to the British Government to reiterate members position on the matter.

Chairman

15.Mr TO said that he had also discussed the issue of British citizenship for non-Chinese ethnic minorities with the Minister of State in his personal capacity. He had urged the British Government to give sympathetic consideration to granting British citizenship to non-Chinese ethnic minorities on a family basis, instead of on an individual basis.

III.Legal Service Division report on the subsidiary legislation tabled in the Legislative Council on 4 June 1997 (gazetted on 30 May 1997)

(LegCo Paper No. LS 227/96-97)

16.Members raised no queries on the subsidiary legislation.

IV.Further reports by the Legal Service Division on outstanding bills

(a)Labour Relations (Amendment) Bill 1997

Trade Unions (Amendment) (No. 2) Bill 1997

Employment (Amendment) (No. 2) Bill 1997

(LegCo Paper No. LS 213/96-97)

17.The Legal Adviser said that in response to concerns raised by the Legal Service Division, the Administration had agreed to move Committee stage amendments (CSAs) to the Employment (Amendment) (No. 2) Bill 1997 to improve clarity and the drafting of the Bill. The Division was satisfied that the legal and drafting aspects of the three Bills were in order. He informed members that the Administration had given notice to resume Second Reading debates on the Bills at the sitting on 17 June 1997.

18.The Legal Adviser informed members that the Unfair Dismissal Bill introduced by Mr LEUNG Yiu-chung and the Employment (Amendment) Bill 1997 introduced by Hon LEE Cheuk-yan covered similar areas as the Employment (Amendment) (No. 2) Bill 1997. He drew members attention to Standing Order 39(3A)(a) which stipulated that "a bill which, in the opinion of the President, contains substantially the same provisions as another bill on which the Council has already taken a decision at second reading shall not be further proceeded with in the same session and shall be withdrawn". He added that it was a matter for the President to rule.

(b)Trustee (Amendment) Bill 1997

(LegCo Paper No. LS 228/96-97)

19.The Legal Adviser said that in response to the Hong Kong Bar Associations comments as advised by Miss Margaret NG, the Administration had agreed to move CSAs to the Bill. Both Miss NG and the Association were satisfied with the proposed amendments.

20.Members agreed that the Second Reading debate on the Bill be resumed.

(c)Weapons of Mass Destruction (Control of Provision of Services) Bill

(LegCo Paper No. LS 231/96-97)

21.The Chairman said that although a Bills Committee had been formed to study the Bill, it would not be activated as agreed by members at the last meeting.

22.The Legal Adviser said that the Administrations reply to certain policy issues identified by the Legal Service Division had been circulated to the three Members who had agreed to join the Bills Committee. He added that the Administration would propose some CSAs and that the legal and drafting aspects of the Bill were now in order.

23.Mr James TO said that he and the other two members had studied the Bill in great detail and had held two informal meetings with the Administration. They were satisfied with the CSAs. He suggested and members agreed that a Bills Committee was no longer necessary and that the Second Reading debate on the Bill be resumed.

(d)Law Reform (Miscellaneous Provisions and Minor Amendments) Bill 1996

(LegCo Paper No. LS 232/96-97, Chinese version of Annex B to the paper tabled and attached in Appendix II )

24.The Legal Adviser said that the Administration had proposed some CSAs which did not involve policy changes. The Legal Service Division was satisfied that the Bill was legally in order.

25.Members agreed that the Second Reading debate on the Bill be resumed.

(e)Hong Kong St. John Ambulance Incorporation Bill - Members Bill introduced by Dr LEONG Che-hung

(LegCo Paper No. LS 230/96-97)

26.The Legal Adviser said that in response to the Legal Service Division, the Member in charge would move some CSAs to the Bill. The Bill was legally in order. Members agreed that the Second Reading debate on the Bill be resumed.

V.Legal Service Division report on bills referred to the House Committee under Standing Order 42(3A)

Supplementary Appropriation (1996-97) Bill 1997

(LegCo Paper No. LS 229/96-97)

27.The Legal Adviser said that the object of the Bill was to seek LegCos approval of the heads of expenditure of the financial year which ended on 31 March 1997. The Bill was legally in order.

28.The Chairman said that the Administration had proposed that the Second Reading debate on the Bill be resumed at the next sitting on 11 June 1997. Members agreed to make a recommendation to the President.	ASG3

VI.Business for the LegCo sitting on 17 June 1997

(a)Questions

(LegCo Paper No. CB(3) 1098/96-97)

29.20 questions (six oral and 14 written) had been tentatively scheduled.

(b)Statement

30.No statement had been notified.

(c)Government Motion

(i)Resolution under section 42 of the Occupational Safety and Health Ordinance (39 of 1997) - to be moved by the Secretary for Education and Manpower

(LegCo Paper No. LS 233/96-97, Chinese version tabled and attached in Appendix III)

31.The Legal Adviser said that the resolution had been scrutinized by the Bills Committee on the Occupational Safety and Health Bill and had since been amended to take into account views of the Bills Committee. The legal and drafting aspects of the resolution were in order.

32.Members raised no queries on the resolution.

(ii)Resolution under section 158 of the Patents Ordinance (52 of 1997) - to be moved by the Secretary for Trade and Industry

33.The Chairman informed members that as the notice of the motion was submitted after the deadline for the sitting on 17 June 1997, the President had agreed to dispense with the notice requirement.

34.The Legal Adviser made a verbal report on the resolution which sought to make transitional arrangements to facilitate patents that were registered in the United Kingdom to be protected after 30 June 1997. He alerted members that the deadline for giving notice of amendments, if any, was the following Tuesday, 10 June 1997. He was concerned about the limited time available for members to scrutinize the resolution. As the Patents Ordinance was scheduled to come into effect on 27 June 1997, it would be undesirable to request the Administration to defer moving the resolution to a later sitting. While the Legal Service Division would make the best effort to scrutinize the resolution, which was rather lengthy, he suggested that members who had comments on the resolution should advise the Division at the earliest time possible so that clarifications, if necessary, could be sought from the Administration. Members agreed that the President should be requested to dispense with the notice requirement for proposing amendments, if necessary.

35.Mrs Selina CHOW informed members that many of the issues had already been discussed and resolved by the Bills Committee on Patents Bill, and it was unlikely that the resolution contained any controversial proposals.

(d)Bills - resumption of debate on 2nd Reading, Committee Stage and 3rd Reading

(i)Judicial Service Commission (Special Provisions) Bill 1997

36.The Chairman said that the Bill was referred to the Panel on Administration of Justice and Legal Services. The Panel had recommended that a Bills Committee should be set up. The Panel would report under agenda item VIII.

(ii)Supreme Court (Amendment) Bill 1997

37.The Chairman said that the Bills Committee would report under agenda item VIII. The Administration had decided to defer the date of resumption of Second Reading debate to 23 June 1997.

(iii)Nurses Registration (Amendment) Bill 1997

38.The Chairman said that the Bill was referred to the Panel on Health Services. The Panel reported to the House Committee on 16 May 1997 and recommended that the Second Reading debate on the Bill be resumed, subject to Legal Service Divisions advice that the drafting aspects of the Bill were in order.

(iv)Public Bus Services (Amendment) Bill 1996 - Members Bill introduced by Mr LAU Chin-shek

39.The Chairman said that members had agreed at a previous meeting that the Second Reading debate on the Bill be resumed.

(v) Law Reform (Miscellaneous Provisions and Minor Amendments) Bill 1996

(vi)Trustee (Amendment) Bill 1997

(vii)Employment (Amendment) (No. 2) Bill 1997

(viii)Labour Relations (Amendment) Bill 1997

(ix)Trade Unions (Amendment) (No. 2) Bill 1997

(x)Hong Kong St. John Ambulance Incorporation Bill - Members Bill introduced by Dr LEONG Che-hung

40.The Chairman said that members had agreed earlier on that the Second Reading debates on the above six Bills be resumed.

(xi)Jury (Amendment) Bill 1997

(xii)Mental Health (Amendment) Bill 1997

(xiii)Employment (Amendment) Bill 1996

(xiv) Employment (Amendment) (No. 2) Bill 1996

(xv)Public Holiday (Special Holidays 1997) Bill

41.The Chairman said that the Bills Committees on the above five Bills would report under agenda item VIII.

42.The Chairman advised members that the deadline for giving notice of CSAs was 6 June 1997.

(e)Motion debate on "Report of the Select Committee to inquire into the circumstances surrounding the departure of Mr LEUNG Ming-yin from the Government and related issues"

43.Members noted the wording of the motion to be moved by Mr IP Kwok-him.

(f)Motion debate on "Settlement of bedspace apartment tenants"

44.Members noted the wording of the motion to be moved by Mr David CHU Yu-lin.

45.The Chairman advised members that the deadline for giving notice of amendments, if any, to the above motions was 10 June 1997 and that the normal speaking arrangements should apply.

VII.Advance information on business for the LegCo sitting on 23 June 1997

(a)Bills - resumption of debate on 2nd Reading, Committee Stage and 3rd Reading

46.The Chairman said that the Member or public officer in charge of the following 25 Bills had given notice for the Second Reading debates on the Bills to be resumed on 23 June 1997.

(i)Family Status Discrimination Bill

(ii)Veterinary Surgeons Registration Bill

(iii)Legal Services Legislation (Miscellaneous Amendments) Bill 1996

(iv)Legal Practitioners (Amendment) Bill 1996

(v)Supreme Court (Amendment) Bill 1997

(vi)Mutual Legal Assistance in Criminal Matters Bill

(vii)Immigration (Amendment) Bill 1997

(viii)Copyright Bill

(ix)Smoking (Public Health) (Amendment) Bill 1997 - Members Bill introduced by Dr LEONG Che-hung

(x)Employment (Amendment) Bill 1997 - Members Bill introduced by Mr LEE Cheuk-yan

(xi)Trade Unions (Amendment) Bill 1997 - Members Bill introduced by Mr LEE Cheuk-yan

(xii)Equal Opportunities (Family Responsibility, Sexuality and Age) Bill - Members Bill introduced by Mr LAU Chin-shek

(xiii)Equal Opportunities (Race) Bill 1996 - Members Bill introduced by Mrs Elizabeth WONG

47.The Chairman said that Bills Committees had been formed on the above 13 Bills. Some of the Bills Committees would report under agenda item VIII below.

(xiv)Weapons of Mass Destruction (Control of Provision of Services) Bill

48.The Chairman said that members had earlier agreed that the Second Reading debate on the Bill be resumed.

(xv)Interception of Communications Bill - Members Bill introduced by Mr James TO

(xvi)Employees Rights to Representation, Consultation and Collective Bargaining Bill - Members Bill introduced by Mr LEE Cheuk-yan

(xvii)Security and Guarding Services (Amendment) (No. 2) Bill 1997 - Members Bill introduced by Mr CHAN Wing-chan

(xviii)Cross-Harbour Tunnel (Cross-Habour Tunnel Regulations) (Amendment) Bill 1997 - Members Bill introduced by Mr IP Kwok-him

(xix)Eastern Harbour Crossing (Eastern Harbour Crossing Road Tunnel Regulations) (Amendment) Bill 1997 - Members Bill introduced by Mr IP Kwok-him

(xx)Tates Cairn Tunnel (Tates Cairn Tunnel Regulations) (Amendment) Bill 1997 - Members Bill introduced by Mr IP Kwok-him

(xxi)Hong Kong Bill of Rights (Amendment) Bill 1997 - Members Bill introduced by Mr LAU Chin-shek

(xxii)Employment (Amendment) (No. 3) Bill 1997 - Members Bill introduced by Mr LAU Chin-shek

(xxiii)Unfair Dismissal Bill - Members Bill introduced by Mr LEUNG Yiu-chung

(xxiv)Occupational Deafness (Compensation) (Amendment) Bill 1997 - Members Bill introduced by Mr LEUNG Yiu-chung

(xxv)Housing (Amendment) (No. 3) Bill 1996 - Members Bill introduced by Mr LEUNG Yiu-chung

49. The Chairman said that although Bills Committees had been set up for the above 11 Bills, members had decided at the last meeting that the Bills Committees would not be activated.

50.Mr James TO said that in view of the fact that the Bills Committee on the Interception of Communications Bill introduced by him could not be activated, he had arranged two briefing sessions for members of the public and Members from 9 am to 11 am on 7 June and 12 June. He invited interested Members and their assistants to attend.

51.The Chairman reminded members that the deadline for giving notice of CSAs to bills scheduled for resumption of Second Reading debates at the sitting on 23 June 1997 was 13 June 1997. As some of the Bills Committees had scheduled meetings in the following week, Mr James TO suggested that the President be requested to extend the deadline by a few days, say, to 17 June 1997. Mr Ronald ARCULLI cautioned that the suggestion might place undue pressure on both Members and the Secretariat. The Secretary General said that consideration should also be given to the fact that the President needed time to rule on possible charging effects in respect of certain CSAs. Assistant Secretary General 3 said the President had been consulted. The President did not consider a blanket approval necessary and had agreed to consider each request on its own merit.

(b)Debate on a motion to be moved by Mr Ambrose LAU

(c)Debate on a motion to be moved by Mr TSANG Kin-shing

52.The Chairman said that the Members concerned had yet to advise the Secretariat of the subject and wording of their motions. He said that the deadlines for giving notice of, and amendments to the above motions, if any, were 6 and 16 June 1997 respectively.

VIII.Reports of Panels/Bills Committees/Subcommittees

(a)Report of the Subcommittee on Four Buildings (Amendment) Regulations 1997

53.Mr Fred LI reported on behalf of the Chairman of the Subcommittee. He said that the Subcommittee had concluded deliberations and would submit a written report to the House Committee on 13 June 1997.

54.he Chairman said that the deadline for giving notice of amendments to be moved to the Regulations at the sitting on 17 June 1997 was 10 June 1997.

(b)Report of the Panel on Administration of Justice and Legal Services - Supreme Court Civil Procedure (Use of Language) Rules

55.Mr Andrew CHENG, Deputy Chairman of the Panel, said that the Panel recommended that the Rules be supported.

56.The Chairman advised members that the deadline for giving notice of amendments to be moved to the Rules at the sitting on 17 June 1997 was 10 June 1997.

(c)Report of the Panel on Administration of Justice and Legal Services - Judicial Service Commission (Special Provisions) Bill 1997

57.Mr Andrew CHENG, Deputy Chairman of the Panel, said that the Panel had discussed the Bill at its meeting on 2 June 1997. The Bill proposed a transitional arrangement whereby a person who served as a judge on 30 June 1997 could be appointed on 1 July 1977 to the Judicial Officers Recommendation Commission as a member who was a judge for the purpose of any meeting of the Commission to be held on that day. Mr Martin LEE had pointed out that the Bill was not necessary because Article 93 of the Basic Law stipulated that "judges and other members of the judiciary serving in Hong Kong before the establishment of the Hong Kong Special Administrative Region may all remain in employment...". In the light of Mr LEEs view, the Panel had recommended that a Bills Committee be set up to study the Bill.

58.Mr CHENG said that Mr LEE had just advised him that he would further discuss with the Administration on his interpretation of Article 93. If the matter could be satisfactorily resolved, a Bills Committee would not be necessary. Mr CHENG suggested that the House Committee defer a decision, pending the outcome of Mr LEEs discussion.

59.Members noted that the Administration had given notice for the Second Reading debate on the Bill to be resumed on 17 June 1997, and that deferring the decision to the next meeting on 13 June 1997 would leave very little time for scrutiny should members decide to form a Bills Committee. They agreed that a Bills Committee should be formed at this meeting, and dissolved if no longer required.

60.The following members agreed to join the Bills Committee: Mr Ronald ARCULLI, Mr Martin LEE and Mr Andrew CHENG.

(d)Report of the Bills Committee on Immigration (Amendment) Bill 1997

61.Mr James TO, Chairman of the Bills Committee, made a verbal report on the deliberations of the Committee, pending a written report to the House Committee meeting on 13 June 1997. His speaking note is in Appendix IV.

(e)Report of the Bills Committee on Protection of the Harbour Bill

62. Mr Albert CHAN, Chairman of the Bills Committee, made a verbal report on the deliberations of the Committee. He said that the Bills Committee could not reach any consensus on the Bill. Miss Christine LOH, Member in charge, would give notice for the Second Reading debate on the Bill be resumed on 23 June 1997. Some members of the Bills Committee had indicated that they would decide whether or not to support the Second Reading of the Bill after the policy secretary concerned had spoken at the resumption of the debate. If the Second Reading of the Bill was agreed to, Miss LOH intended to move CSAs to clauses 3 and 4 of the Bill. A written report would be made to the next meeting.

(f)Report of the Bills Committee on Copyright Bill

63.Mrs Selina CHOW, Chairman of the Bills Committee, said that members of the Bills Committee had divergent views on the subject of "parallel import", a controversial proposal of the Bill. Members of different political parties were considering moving CSAs to the Bill. A written report would be made to the next meeting.

(g)Report of the Bills Committee on Employment (Amendment) Bill 1996 and Employment (Amendment) (No. 2) Bill 1996

(LegCo Paper No. CB(1) 1784/96-97)

64. Mrs Miriam LAU, Chairman of the Bills Committee, said that majority of the members of the Bills Committee supported the two Bills. The Bills Committee had noted and discussed the strong objection of the Hong Kong Employers of Overseas Domestic Helpers Association (the Association) to the Employment (Amendment) Bill 1996 on the ground of possible abuse by foreign domestic helpers. Mrs Selina CHOW, a non-Bills Committee member, would move CSAs to address some of the concerns raised by the Association. In response to the Bills Committee, the Administration would move a number of CSAs to the Bills.

65.Members agreed that the Second Reading debate on the Bills be resumed on 17 June 1997.

(h)Report of the Bills Committee on Jury (Amendment) Bill 1997

(LegCo Paper No. CB(2) 2534/96-97)

66.In the absence of the Chairman of the Bills Committee, the Chairman referred members to the report and said that the Bills Committee had made a verbal report to the House Committee on 2 May 1997. The Administration would move a number of CSAs to address concerns raised by the Bills Committee.

67.Members agreed that the Second Reading debate on the Bill be resumed on 17 June 1997.

(i)Report of the Bills Committee on Supreme Court (Amendment) Bill 1997

(LegCo Paper No. CB(2) 2529/96-97)

68.In the absence of the Chairman of the Bills Committee, the Chairman said that the Bills Committee had made a verbal report to the House Committee on 23 May 1997. The Administration, the Bills Committee and Miss Margaret NG would move separate CSAs to the Bill.

69.Members agreed that the Second Reading debate on the Bill be resumed on 23 June 1997.

(j)Report of the Bills Committee on Public Holiday (Special Holidays 1997) Bill

(LegCo Paper No. CB(1) 1771/96-97)

70.Mr CHAN Kam-lam, Deputy Chairman of the Bills Committee, said that the Bills Committee had not reached any consensus as to whether the Bill should be supported for resumption of Second Reading debate.

71.The Chairman said that the Administration had given notice for the Second Reading debate on the Bill to be resumed on 17 June 1997.

(k)Report of the Bills Committee on Mental Health (Amendment) Bill 1997

(LegCo Paper No. CB(2) 2563/96-97)

72.Mr Fred LI reported on behalf of Dr LAW Chi-kwong, Chairman of the Bills Committee. He said that in response to the Bills Committee and deputations, the Administration had agreed to move a number of CSAs. The more significant ones were to widen the scope of "relative" defined under the Bill to provide sufficient flexibility for eligible persons to act in the interest of mentally incapacitated persons, and to include social workers as eligible persons for making guardianship applications.

73.Members agreed that the Second Reading debate on the Bill be resumed on 17 June 1997.

(l)Report of the Subcommittee on Women and Young Persons (Industry) (Amendment) Regulation 1997

74.Mr LAU Chin-shek, Chairman of the Subcommittee, made a verbal report on the deliberations of the Subcommittee, pending a written report to the next meeting. His speaking note is in Appendix V.

(m)Report of the Bills Committee on Mutual Legal Assistance in Criminal Matters Bill

75.Mr James TO, Chairman of the Bills Committee, made a verbal report to members, pending a written report of the Committee to the next meeting. A copy of his speaking note is in Appendix VI.

76.Mr TO added that that most of the issues had been resolved with the exception of the proposal relating to investigation into tax offences which was a major concern of both Mr Eric LI and the Hong Kong Society of Accountants (HKSA). As advised by Mr Eric LI recently, some other organizations had expressed similar concerns. The Bills Committee had scheduled a further meeting on 11 June 1997 to continue discussion with the Administration. Nevertheless, in view of the legislative timetable, the Bills Committee recommended that the Second Reading debate on the Bill be resumed on 23 June 1997.

77.Mr Ronald ARCULLI said that he shared Mr Eric LIs concern about the implications of the proposal. He hoped that agreement could be reached by HKSA and the Administration.

(n)Report of the Bills Committee on Legal Practitioners (Amendment) Bill 1996

78.Mr Ronald ARCULLI reported on behalf of Miss Margaret NG, Chairman of the Bills Committee. He said that the Administration had previously objected to the Bills Committees proposal to include a statutory provision to the effect that a notary public should be a member of the Hong Kong Society of Notaries (HKSN) on the ground that it would contravene the International Covenant on Civil and Political Rights (ICCPR). The Administration had advised that it would not proceed with the Bill if LegCo supported the proposed CSA on mandatory membership.

79.He added that the Administration had also rejected his revised proposal to give the Chief Justice the discretionary power to delegate to the Society the power to make rules requiring all notaries public to be members of the Society. As he and Miss Margaret NG were inclined to support the position of the HKSN, a CSA to effect his revised proposal would likely be moved. However, he had yet to discuss with the Legal Service Division as to whether the Administration could withdraw the Bill on the ground that the proposed CSA, which was different from the previous one on mandatory membership requirement, contravened ICCPR.

80..The Chairman said that the Administration had given notice for the Second Reading debate on the Bill to be resumed on 23 June 1997.

(o)Report of the Bills Committee on Dogs and Cats (Amendment) Bill 1996

81.Mr Michael HO, Chairman of the Bills Committee, made a verbal report to members, pending a written report of the Committee to the next meeting.

82.Mr HO said that although the Bills Committee had three members, Mr Henry TANG of the Liberal Party, Dr LAW Cheung-kwok of the Association for Democracy and Peoples Livelihood, Members of other political parties and groups had also been kept informed of the deliberations of the Bills Committee. In response to the Bills Committee, the Administration would move some CSAs, which were agreed to by Mr TANG. However, he had yet to ascertain the views of Dr LAW on the CSAs. In addition, in view of the controversial nature of the subsidiary legislation to be introduced, the Bills Committee had requested the Administration to adopt the positive vetting procedure for the subsidiary legislation. While the Administration had no objection to the proposal, it had suggested that the Bills Committee should introduce the relevant amendments.

(p)Report of the Bills Committee on Equal Opportunities (Family Responsibility, Sexuality and Age) Bill, Equal Opportunities (Race) Bill; Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996 and Family Status Discrimination Bill

83.The Chairman, in his capacity as the Chairman of the Bills Committee, made a verbal report on the deliberations on the Equal Opportunities (Family Responsibility, Sexuality and Age) Bill introduced by Mr LAU Chin-shek. He said that the Administration objected to the proposals relating to sexuality and age on the ground that any changes to these aspects should be made after the comprehensive review on the implementation of the Sex Discrimination Ordinance and Disability Discrimination Ordinance to be conducted by the Equal Opportunities Commission. He added that the Bills Committee had divergent views on the proposals. Regarding the proposals relating to family responsibility which covered similar areas as the Family Status Discrimination Bill introduced by the Administration, the Chairman said that Mr LAU had yet to decide on how to proceed. A written report of the Bills Committee would be made to the next meeting.

(q)Report of the Subcommittee on Mandatory Provident Fund System

84.Mr Ronald ARCULLI, Chairman of the Subcommittee, advised members that a report of the Subcommittee would be issued to members before the end of the session.

IX.Position reports on Bills Committees and Subcommittees and Bills which must be passed before 1 July 1997

(LegCo Papers Nos. CB(2) 2535 & 2538/96-97)

85.Members noted the report.

X.Any Other Business

(a)Places of Public Entertainment (Amendment) Bill 1997

(Letter dated 30 May 1997 from the Director of Urban Services)

86.Mrs Selina CHOW said that in response to her request, the Administration had met with the Hong Kong Theatres Association and had agreed to set up a provisional licensing system for cinemas, similar to the one for restaurants. She had further discussed with the relevant authorities the concern of the Association about the timing of implementation. Subject to the Administration agreeing to have the provisional licensing system in place before the Bill was passed, she would recommend that the Second Reading debate on the Bill be resumed. She was still waiting for the Administrations confirmation on this.

87.The Chairman said that according to SO 30(6), the Administration was required to give five clear days notice for the Second Reading debate on the Bill to be resumed.

(b)Arrangements for the last two sittings

88.The Chairman advised members that the President had decided that at the last two sittings, after a bill had received its Second Reading, it would proceed immediately to Committee Stage and Third Reading.

89.In view of the large number of bills resuming Second Reading debates at the last two sittings, members agreed that the Chairman should move a motion without notice for the purpose of shortening the duration of the division bell to one minute, if necessary.

90.Referring to the arrangement for motion debates at the last sitting, Assistant Secretary General 3 said that the President considered it more appropriate for business to be dealt with in the order as stipulated in the Standing Orders, i.e. Government items ahead of Members items, and motions ahead of bills. The President had however agreed to give leave for the valedictory motion debate to be held after all Members Bills had been dealt with. Members noted that the order in respect of motions and bills would be as follows -

Government motions;
Government Bills;
Members motions (those with legislative effect to be dealt with ahead of those without);
Members Bills; and
Debate on valedictory motion to be moved by Chairman of the House Committee.

91.The meeting ended at 4.30 pm.

Legislative Council Secretariat

11 June 1997

Last Updated on 16 August 1999

Legislative Council House Committee

Minutes of 29th meeting held on Friday, 6 June 1997 at 2:30 pm in the Legislative Council Chamber

I.Confirmation of minutes of meeting held on 30 May 1997

II.Matters arising

(a)Report on Chairmans meeting with the Chief Secretary

(i)Subsidiary legislation to be tabled in LegCo after 4 June 1997