2. The Chairman said that the Chief Secretary had undertaken to look into the time taken by the Administration to comment on possible charging effect of Members Bills. As regards the Housing (Amendment) (No. 3) Bill 1996, he understood that the Administration had given an interim reply to the President. A copy of the reply was passed to Mr LEUNG Yiu-chung for information.

3. In response to Mr LEUNG Yiu-chung, the Chairman said that he would continue pursuing with the Chief Secretary the progress of Members Bills awaiting the Law Draftsmans certificates (under SO 39(1A)) and the Administrations comments on charging effect.

(ii) Legislative Programme

(Appendices I and II of LegCo Paper No. CB(2) 216/96-97)

4. Referring members to Appendices I and II of LegCo Paper No CB(2) 216/96-97, the Chairman said that the Administration had advised that there were a total of 41 Bills which had to be enacted before 1 July 1997. The Chief Secretary had also advised that the list might need to be adjusted in the light of developments.

(b) Size, membership and chairmanship of the Select Committee to inquire into the circumstances surrounding the departure of Mr LEUNG Ming-yin, former Director of Immigration, from the Government and related issues

5. Dr LAW Cheung-kwok indicated at the meeting that he would like to join the Select Committee.

6. Members agreed to recommend to the President the following membership and chairmanship of the Select Committee-

7. The Chairman said that he would write to the President regarding the House Committees recommendations.

(Post-meeting note : Letter issued on 25 October 1996.)

(c) Further report of the Legal Service Division - Resolution under section 30(1) of the Public Finance Ordinance (Cap 2)

(LegCo Paper No. LS 19/96-97)

8. Members noted the report and agreed to support the resolution.

III Legal Advisers report on the subsidiary legislation tabled in the Legislative Council on 23 October 1996 (gazetted on 18 October 1996)

(LegCo Paper No. LS 14/96-97)

9. In response to the Chairman, the Deputy Secretary General said that Mr Zachary WONG had given notice to move a motion to repeal the Tates Cairn Tunnel Ordinance (Amendment of Schedule) Notice 1996 (L.N. 429). The President was of the opinion that Mr WONGs motion was out of order and had returned it to Mr WONG.

10. Members noted the report on the subsidiary legislation.

ALA5

11. The Legal Adviser advised members of the position of the Rabies (Amendment) Regulation 1996 (L.N. 401) which was tabled in LegCo on 2 October 1996. Members were advised at the House Committee meeting on 4 October 1996 that the Administrations comments on certain aspects were still being awaited. The Administration had subsequently agreed to introduce amendments to the Regulation, and had given notice to move a motion at the sitting on 30 October 1996 to extend the scrutiny period of the Regulation to 6 November 1996. Members would be advised of the details of the proposed amendments.

IV Position report on Bills Committees and Subcommittees

(LegCo Paper No. CB(2) 195/96-97)

12. The Chairman said that as Mr Zachary WONG, chairman of the Bills Committee on Public Bus Services (Amendment) Bill 1996 had agreed to hold consideration of the Bill in abeyance, the Bills Committee on the Patents Bill had been activated.

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

(a) The Discovery Bay Tunnel Link Bill

(LegCo Paper No. LS 16/96-97)

13. The Chairman said that the Legal Service Division was still waiting for the Administrations reply on some drafting points raised and would make a further report to members.

14. Mrs Miriam LAU informed members that the Panel on Transport did not have time to consider the policy implications of the Bill at its last meeting on 23 October 1996. The Panel suggested that the Bill be scrutinized by a Bills Committee.

15. Mr IP Kwok-him objected to the setting up of a Bills Committee, pointing out that members of the Island District Board had already supported the proposed Bill. He was also concerned about the large number of Bills Committees currently on the waiting list.

16. The matter was put to vote. There were 8 votes for and three votes against the proposal to set up a Bills Committee. The Chairman declared the proposal was carried. The following members agreed to join the Bills Committee : Mrs Miriam LAU Kin-yee, Mr LEE Wing-tat (as advised by Mr Albert CHAN Wai-yip), Mr Zachary WONG Wai-yin, Mr CHAN Kam-lam, Mr CHEUNG Hon-chung and Mr LEE Kai-ming.

(b) Occupational Deafness (Compensation) (Amendment) Bill 1996

(LegCo Paper No. LS 6/96-97)

17. The Legal Adviser said that the Bill was in order.

18. Mr LEUNG Yiu-chung said that the proposal was discussed by the Panel on Manpower on 12 March 1996. Members had then requested that the deadline of 30 June 1996 for submitting applications for compensation under the Ordinance be extended for one year on the assumption that the Bill would have been enacted before expiry of the deadline. Since this was not the case, he asked whether the extension of one year could be counted from the commencement of the enactment of the Bill.

19. In response to Mr James TIEN, the Legal Adviser said that according to the Administration, the Labour Advisory Board had been consulted and supported the proposal. Mr LEE Kai-ming added that the Administration would step up publicity of the compensation scheme so as to enable those who had missed the deadline to apply.

ALA1

20. Members generally agreed that a Bills Committee was not necessary. They agreed to defer a decision on the Bill, pending the Administrations feedback on Mr LEUNGs suggestion.

(c) Employment (Amendment) (No 4) Bill 1996 - Members Bill introduced by Mr LEUNG Yiu-chung

(LegCo Paper No. LS 15/96-97)

21. The Legal Adviser said that the legal and drafting aspects of the Bill were in order.

22. Mr James TIEN said that as the Bill was not discussed by the Labour Advisory Board, and in view of the implications involved, he proposed that a Bills Committee be set up. Mr LEUNG Yiu-chung objected.

23. The Chairman put the matter to vote. There were 18 votes for and one vote against the proposal to set up a Bills Committee. The Chairman declared that the proposal was carried. The following members agreed to join the Bills Committee: Mr Michael HO Mun-ka, Mr James TIEN Pei-chun, Miss CHAN Yuen-han, Mr LEUNG Yiu-chung and Mr MOK Ying-fan.

VI Business for the LegCo sitting on 6 November 1996

(a) Questions

(LegCo Paper No. CB(3) 107/96-97)

24. 20 questions (six oral and 14 written) had been tentatively scheduled.

(b) Statement

25. No statement had been notified.

(c) Government Motion

26. No motion had been notified.

(d) Bills - 1st and 2nd Readings

(i) Securities and Futures Commission (Amendment) (No 2) Bill 1996

(ii) Protection of Wages on Insolvency (Amendment) Bill 1996

(iii) Fugitive Offenders Bill

(iv) Education (Amendment) Bill 1996

(Members Bill to be introduced by Miss Christine LOH)

27. The Chairman said that the above Bills would be introduced into LegCo on 6 November 1996 and considered by the House Committee on 8 November 1996.

(e) Motion debate on "Strengthening the supervision of statutory public utilities companies"

28. The Chairman referred members to the wording of the motion to be moved by Mr SIN Chung-kai.

(f) Motion debate on "Release of WANG Dan"

29. The Chairman said that members had considered the wording of the motion to be moved by Mr Albert HO Chun-yan at the last meeting.

Chairman

30. In response to Mr Bruce LIU, the Chairman said that the President had ruled that Mr Albert HOs motion was in order. In response to Mr James TIEN, the Chairman agreed to request the President to explain the basis of his ruling for members information.

31. The Chairman advised members that the deadline for giving notice of amendments to the motions, if any, was 30.10.96 and that the normal speaking arrangement should apply.

VII Advance information on motion debates for the LegCo sitting on
13 November 1996

(a) Motion debate on "Election of the Chief Executive of the Special Administrative Region of Hong Kong"

32. The Chairman referred members to the subject of the motion to be moved by Miss Emily LAU.

(b) Motion to be moved by Mr LEE Cheuk-yan

33. The Chairman said that the subject and wording of the motion to be moved by Mr LEE Cheuk-yan had yet to be made available.

34. In response to Mr James TIEN, the Chairman said that the House Committee had previously agreed that an application for a debating slot might be submitted by a member with or without the subject or wording of the motion.

35. The Chairman advised members that the deadlines for giving notice of, and amendments to, the above motions, if any, were 29 October 1996 and 6 November 1996 respectively.

VIII Reports of Panels/Bills Committees/Subcommittees

(a) Report of the Subcommittee on subsidiary legislation gazetted from 5 July 1996 to 13 September 1996

(LegCo Paper No. CB(2) 205/96-97)

36. Referring to the report, Mr Ronald ARCULLI, chairman of the Subcommittee, briefly explained members concern on the Professional Accountants (Amendment) Ordinance 1995 (85 of 1995) (Commencement) Notice 1996. He said that he would move a motion on 30 October 1996 to extend the scrutiny period of the Dutiable Commodities (Liquor) (Amendment) Regulation 1996 and the Professional Accountants (Amendment) Ordinance 1995 (85 of 1995) (Commencement) Notice 1996 to 6 November 1996. A further meeting of the Subcommittee would be held on 29 October 1996.

37. Mr Eric LI said that the Administration had agreed with the Hong Kong Society of Accountants (HKSA) on the non-statutory status of the incorporation rules. The HKSA would explain its position to the Subcommittee at its forthcoming meeting.

(b) Report of the Panel on Administration of Justice and Legal Services - Terms of Reference

(LegCo Paper No. CB(2) 208/96-97)

38. Members endorsed the paper.

IX Any Other Business

House of Commons debate on Hong Kong

39. The Chairman advised members that the LegCo London Office had confirmed that a Motion for Adjournment of the House for a debate on Hong Kong would be introduced by Mr Malcolm Rifkind, the Secretary of State for Foreign and Commonwealth Affairs on 14 November 1996. As the House Committee had previously agreed that a delegation should be sent to London if such a debate was held, he sought members views on the arrangements.

40. After some discussion, members agreed that-

A House Committee delegation should be sent to convey Members concerns on important issues affecting Hong Kong to Members of the Parliament and to observe the debate.
A position paper of the delegation should be prepared. The House Committee should be united in its position on the issues covered in the paper. Subject to the view of the delegation to be formed, and on the basis of the issues covered in the House Committee Chairmans letter to the House of Lords regarding a debate on Hong Kong on 24 April 1996, the position paper should cover the following issues-
1. Vietnamese migrants;
2. Future reporting in respect of Hong Kong under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
3. British citizenship for Hong Kong British subjects; and
4. British citizenship for non-Chinese ethnic minorities.
The Secretariat would issue a circular to invite interested members to join the delegation. The delegation should have a meeting to discuss details such as timing of the trip, issues to be covered in the position paper etc., with a view to reporting back to the next House Committee meeting on 1 November 1996.
(Post-meeting note : LegCo Paper No. CB(2) 246/96-97 issued on 26 October 1996.)
The LegCo London Office should be requested to provide assistance to the delegation including meeting arrangements in London.

41. In response to members, the Chairman said that the House Committee had previously agreed that the budget for each Member joining the delegation should not exceed $40,000 and the ceiling for the entire delegation should be $160,000.

42. The meeting ended at 5.40 pm.

Legislative Council Secretariat
30 October 1996

Last Updated on 16 August 1999

House Committee

Minutes of 4th meeting held on Friday, 25 October 1996 at 4:45 pm in the Legislative Council Chamber

I Confirmation of minutes of meeting held on 18 October 1996

II Matters arising

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

(i) Members Bills