LegCo Paper No. CB(3) 1130/96-97
THE LEGISLATIVE COUNCIL
MINUTES No. 34 of 1996-97
Minutes of the sitting held on Wednesday 4 June 1997 at 2:30 pm
Members present:
President --The Honourable Andrew WONG Wang-fat, OBE, JP
The Honourable Allen LEE Peng-fei, CBE, JP
The Honourable Mrs Selina CHOW LIANG Shuk-yee, OBE, JP
The Honourable Martin LEE Chu-ming, QC, JP
Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
The Honourable NGAI Shiu-kit, OBE, JP
The Honourable SZETO Wah
The Honourable LAU Wong-fat, OBE, JP
The Honourable Edward HO Sing-tin, OBE, JP
The Honourable Ronald Joseph ARCULLI, OBE, JP
The Honourable Mrs Miriam LAU Kin-yee, OBE, JP
Dr the Honourable Edward LEONG Che-hung, OBE, JP
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, MBE
The Honourable LEE Wing-tat
The Honourable Eric LI Ka-cheung, OBE, JP
The Honourable Fred LI Wah-ming
The Honourable Henry TANG Ying-yen, JP
The Honourable James TO Kun-sun
Dr the Honourable Philip WONG Yu-hong
Dr the Honourable YEUNG Sum
The Honourable Howard YOUNG, JP
The Honourable Zachary WONG Wai-yin
The Honourable Christine LOH Kung-wai
The Honourable James TIEN Pei-chun, OBE, JP
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, JP
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, JP
Dr the Honourable LAW Cheung-kwok
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, CBE, ISO, JP
The Honourable Lawrence YUM Sin-ling
Members absent:
The Honourable Emily LAU Wai-hing
The Honourable LAW Chi-kwong
Public officers attending:
-
The Honourable Mrs Anson CHAN, CBE, JP
- The Chief Secretary
-
Mr Rafael HUI Si-yan, JP
- The Financial Secretary
-
The Honourable Jeremy Fell MATHEWS, CMG, JP
- The Attorney General
-
Mr CHAU Tak-hay, CBE, JP
- Secretary for Broadcasting, Culture and Sport
-
Mr Gordon SIU Kwing-chue, JP
- Secretary for Transport
-
Mr Dominic WONG Shing-wah, OBE, JP
- Secretary for Housing
-
Mrs Katherine FOK LO Shiu-ching, OBE, JP
- Secretary for Health and Welfare
-
Mr Joseph WONG Wing-ping, JP
- Secretary for Education and Manpower
-
Mr Peter LAI Hing-ling, JP
- Secretary for Security
-
Mr KWONG Ki-chi, JP
- Secretary for the Treasury
-
Miss Denise YUE Chung-yee, JP
- Secretary for Trade and Industry
-
Mr Stephen IP Shu-kwan, JP
- Secretary for Economic Services
Clerks in attendance:
-
Mr Ricky FUNG Choi-cheung,
- Secretary General
-
Mr LAW Kam-sang,
- Deputy Secretary General
-
Mrs Justina LAM CHENG Bo-ling,
- Assistant Secretary General (2)
-
Mr Ray CHAN Yum-mou,
- Assistant Secretary General (3)
Obituary
The President, 11 Members and the Chief Secretary paid tributes to the late Dr Samuel WONG Ping-wai who had died earlier in the morning.
The Council then observed one minute's silence in memory of Dr WONG.
Papers
The following papers were laid on the table pursuant to Standing Order No. 14(2):
| Subsidiary Legislation | L.N. NO.
|
|---|
| 1. Employees Retraining Ordinance (Amendment of Schedule 2) (No.2) Notice 1997 | 287/97
|
| 2. Leveraged Foreign Exchange Trading Ordinance (Cap.451) (Commencement) Notice 1997 | 288/97
|
| 3. Television (Amendment) Ordinance 1997 (21 of 1997) (Commencement) Notice 1997 | 289/97
|
| 4. Television (Advertising) Regulation (L.N.277 of 1997) (Commencement) Notice 1997 | 290/97
|
| 5. Television (Programmes) Regulation (L.N.278 of 1997) (Commencement) Notice 1997 | 291/97P
|
| 6. Traffic Accident Victims (Assistance Fund) (Amendment) Ordinance 1997 (45 of 1997) (Commencement) Notice 1997 | 292/97
|
| 7. Road Traffic (Driving Licences) (Amendment) (No.2) Regulation 1997 (L.N.183 of 1997) (Commencement) Notice 1997 | 293/97
|
| 8. Justices of the Peace Ordinance (47 of 1997) (Commencement) Notice 1997 | 294/97
|
| 9. The Open Learning Institute of Hong Kong (Amendment) Ordinance 1997 (50 of 1997) (Commencement) Notice 1997 | 295/97 |
Sessional Papers 1996-97
| No.103
| -
| Report of changes to the approved Estimates of Expenditure approved during the final quarter of 1996-97 Public Finance Ordinance : Section 8
|
| No.104
| -
| 1996 Annual Report by the Commissioner of the Independent Commission Against Corruption
|
| No.105
| -
| The Independent Commission Against Corruption Complaints Committee
1996 Annual Report |
Addresses
Mr Eric LI presented the "1996 Annual Report by the Commissioner of the Independent Commission Against Corruption" and addressed the Council.
Mr Howard YOUNG presented the "The Independent Commission Against Corruption Complaints Committee 1996 Annual Report" and addressed the Council.
Mr Ronald Arculli addressed the Council on the Housing Ordinance (Amendment of Schedule) Order 1997, which was laid on the table of the Council at the sitting on 7 May 1997.
Questions
1. Dr LEONG Che-hung asked Question 1.
The Secretary for the Treasury replied.
Two Members asked supplementaries and the Secretary for the Treasury replied.
2. Mr LEE Cheuk-yan asked Question 2.
The Secretary for Education and Manpower replied.
Six Members asked supplementaries and the Secretary for Education and Manpower replied.
3. Mrs Selina CHOW asked Question 3.
The Secretary for Security replied.
Two Members asked supplementaries and the Secretary for Security replied.
4. Mr Albert CHAN asked Question 4.
The Secretary for Broadcasting, Culture and Sport replied.
Four Members asked supplementaries and the Secretary for Broadcasting, Culture and Sport and the Secretary for the Treasury replied.
5. Mr Howard YOUNG asked Question 5.
The Secretary for Security replied.
Two Members asked supplementaries and the Secretary for Security replied.
6. Mr FUNG Kin-kee asked Question 6.
The Secretary for Housing replied.
Four Members asked supplementaries and the Secretary for Housing replied.
Written replies to Questions 7 to 20 were tabled for Members information.
Government Motions
Coroners Ordinance
The Chief Secretary moved the following motion and addressed the Council:
That the Coroners (Witnesses' Allowances) Rules, made by the Acting Chief Justice on 12 May 1997, be approved.
Question on the motion proposed, put and agreed to.
Government Bills
First Reading
Supplementary Appropriation (1996-97) Bill 1997
The Bill was read the first time and ordered to be set down for Second Reading pursuant to Standing Order No. 41(3).
Second Reading
Supplementary Appropriation (1996-97) Bill 1997
The Secretary for the Treasury 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.
Railways Bill
Resumption of debate on Second Reading which had been moved on 18 December 1996.
Five Members spoke on the motion.
At 5:05 pm, the President's Deputy took the chair during the temporary absence of the President.
The Secretary for Transport replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Discovery Bay Tunnel Link Bill
Resumption of debate on Second Reading which had been moved on 23 October 1996.
Two Members spoke on the motion.
The Secretary for Transport replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Midwives Registration (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 19 February 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Volunteer and Naval Volunteer Pensions (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 5 March 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Auxiliary Medical Service Bill
Resumption of debate on Second Reading which had been moved on 9 April 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Civil Aid Service Bill
Resumption of debate on Second Reading which had been moved on 9 April 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Official Secrets Bill
Resumption of debate on Second Reading which had been moved on 18 December 1996.
A Member spoke on the motion.
At 5:34 pm, the President resumed the chair.
Another three Members spoke on the motion.
The Secretary for Security replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Inland Revenue (Amendment) (No.2) Bill 1997
Resumption of debate on Second Reading which had been moved on 30 April 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Registered Designs Bill
Resumption of debate on Second Reading which had been moved on 19 March 1997.
A Member spoke on the motion.
The Secretary for Trade and Industry replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Outer Space Bill
Resumption of debate on Second Reading which had been moved on 14 May 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Civil Aviation (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 28 May 1997.
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:
Railways Bill
Question that the following clauses and schedule stand part of the Bill proposed.
Question on clauses 1, 3, 4, 6, 8, 12, 13, 14, 17 to 22, 28, 29, 30, 34 to 40, 42 and 43 put and agreed to.
The Secretary for Transport moved amendments to clauses 2, 5, 7, 9, 10, 11, 15, 16, 23 to 27, 31, 32, 33, 41, 44, 45 and 46 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 2, 5, 7, 9, 10, 11, 15, 16, 23 to 27, 31, 32, 33, 41, 44, 45 and 46, as amended, stand part of the Bill put and agreed to.
Heading before new clause 46A and new clause 46A read the first time.
The Secretary for Transport moved the Second Reading of heading before new clause 46A and new clause 46A and addressed the Committee. Question on the Second Reading of heading before new clause 46A and new clause 46A proposed, put and agreed to.
Heading before new clause 46A and new clause 46A read the second time.
The Secretary for Transport moved the addition of heading before new clause 46A and new clause 46A to the Bill. Question on the addition proposed, put and agreed to.
The Secretary for Transport moved amendments to the schedule and addressed the Committee.
Question on the amendments put and agreed to.
Question that the schedule, as amended, stand part of the Bill put and agreed to.
Discovery Bay Tunnel Link Bill
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1, 3 to 6, 10, 11, 12, 14, 18, 20, 22, 23, 31 to 34 put and agreed to.
The Secretary for Transport moved amendments to 2, 8, 9, 13, 15, 16, 17, 19, 21, 24 to 30, 35, 36 and 37 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 2, 8, 9, 13, 15, 16, 17, 19, 21, 24 to 30, 35, 36 and 37, as amended, stand part of the Bill put and agreed to.
Mr LEE Wing-tat moved an amendment to clause 7 and addressed the Committee.
The Secretary for Transport spoke on the amendment.
Question on the amendment put and agreed to.
The Secretary for Transport moved a further amendment to clause 7 and addressed the Committee.
Question on the amendment put and agreed to.
Question that clause 7, as amended, stand part of the Bill put and agreed to.
Midwives Registration (Amendment) Bill 1997
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1 to 28 put and agreed to.
Heading before new clause 29 and new clause 29 read the first time.
The Secretary for Health and Welfare moved the Second Reading of heading before new clause 29 and new clause 29 and addressed the Committee. Question on the Second Reading of heading before new clause 29 and new clause 29 proposed, put and agreed to.
Heading before new clause 29 and new clause 29 read the second time.
The Secretary for Health and Welfare moved the addition of heading before new clause 29 and new clause 29 to the Bill. Question on the addition proposed, put and agreed to.
Volunteer and Naval Volunteer Pensions (Amendment) Bill 1997
Question that the following clauses stand part of the Bill proposed.
The Secretary for Health and Welfare moved amendments to clauses 1 to 7 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 1 to 7, as amended, stand part of the Bill put and agreed to.
The Secretary for Health and Welfare moved an amendment to the long title and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Auxiliary Medical Service Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question on clauses 1 to 27, 29, 31 and 34 put and agreed to.
The Secretary for Security moved amendments to clauses 28, 30, 32 and 33 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 28, 30, 32 and 33, as amended, stand part of the Bill put and agreed to.
Question on schedules 1 and 2 put and agreed to.
The Secretary for Security moved amendments to schedule 3 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedule 3, as amended, stand part of the Bill put and agreed to.
Civil Aid Service Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question on clauses 1 to 27, 29, 31 and 34 put and agreed to.
The Secretary for Security moved amendments to clauses 28, 30, 32 and 33 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 28, 30, 32 and 33, as amended, stand part of the Bill put and agreed to.
Question on schedule 1 put and agreed to.
The Secretary for Security moved amendments to schedule 2 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedule 2, as amended, stand part of the Bill put and agreed to.
Official Secrets Bill
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1, 4, 7, 10, 17, 19, 21 and 23 to 28 put and agreed to.
Miss Christine LOH moved amendments to Part II heading before clause 2, clauses 2, 3, 5, 6, 8, 9 and 11 and addressed the Committee.
Five Members and the Secretary for Security spoke on the amendments.
Miss Christine LOH replied.
Question on the amendments put. As the Chairman could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 36(4).
The Chairman announced that there were 21 votes for the amendments and 24 votes against it. (Voting record in Appendix I.) The Chairman declared that the amendments were negatived.
Question that Part II heading before clause 2, clauses 2, 3, 5, 6, 8, 9 and 11 stand part of the Bill put and agreed to.
Miss Christine LOH moved amendments to clauses 12 to 16, 18, 20 and 22 and addressed the Committee.
Question on the amendments put. As the Chairman could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 36(4).
The Chairman announced that there were 16 votes for the amendments and 24 votes against it. (Voting record in Appendix II.) The Chairman declared that the amendments were negatived.
Question that clauses 12 to 16, 18, 20 and 22 stand part of the Bill put and agreed to.
New clauses 21A and 21B read the first time.
Miss Christine LOH moved the Second Reading of new clauses 21A and 21B and addressed the Committee. Question on the Second Reading of new clauses 21A and 21B proposed.
Two Members spoke on the motion.
Question on the Second Reading of new clauses 21A and 21B put and negatived.
Inland Revenue (Amendment) (No.2) Bill 1997
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1 and 3 to 8 put and agreed to.
The Secretary for the Treasury moved an amendment to clause 2 and addressed the Committee.
A Member spoke on the amendment.
Question on the amendment proposed, put and agreed to.
Question that clause 2, as amended, stand part of the Bill put and agreed to.
Registered Designs Bill
Question that the following clauses and schedule stand part of the Bill proposed.
Question on clauses 1, 3 to 7, 9 to 12, 14 to 22, 24 to 27, 29, 33, 35, 36, 38, 39, 43, 44 to 47, 49, 50, 52 to 63, 65 to 69, 71 to 77, 79, 82, 84 to 90, 93, 95 and 96 put and agreed to.
The Secretary for Trade and Industry moved amendments to clauses 2, 8, 13, 23, 28, 30, Part III heading before clause 31, clauses 31, 32, 34, 37, 40, Part V heading before clause 41, clauses 41, 42, 48, 51, 64, 70, 78, 80, 81, 83, 91, 92 and 94 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 2, 8, 13, 23, 28, 30, Part III heading before clause 31, clauses 31, 32, 34, 37, 40, Part V heading before clause 41, clauses 41, 42, 48, 51, 64, 70, 78, 80, 81, 83, 91, 92 and 94, as amended, stand part of the Bill put and agreed to.
The Secretary for Trade and Industry moved amendments to the schedule and addressed the Committee.
Question on the amendments put and agreed to.
Question that the schedule, as amended, stand part of the Bill put and agreed to.
Outer Space Bill
Question that the following clauses stand part of the Bill proposed.
A member spoke on the motion.
The Secretary for Economic Services replied.
Question on clauses 1 to 15 put and agreed to.
The Secretary for Economic Services moved an amendment to clause 16 and addressed the Committee.
Question on the amendment put and agreed to.
Question that clause 16, as amended, stand part of the Bill put and agreed to.
Civil Aviation (Amendment) Bill 1997
Question that the following clauses stand part of the Bill proposed.
The Secretary for Economic Services moved amendments to clauses 1, 3 and 18 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 1, 3 and 18, as amended, stand part of the Bill put and agreed to.
Question on clauses 2 and 4 to 17 put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Transport reported that
had passed through Committee with amendments. He moved that these two Bills be read the third time and do pass.
Question on the Third Reading of the two Bills proposed, put and agreed to.
Bills read the third time and passed.
The Secretary for Health and Welfare reported that
the Midwives Registration (Amendment) Bill 1997
and the Volunteer and Naval Volunteer Pensions (Amendment) Bill 1997
had passed through Committee with amendments. She moved that these two Bills be read the third time and do pass.
Question on the Third Reading of the two Bills proposed, put and agreed to.
Bills read the third time and passed.
The Secretary for Security reported that
had passed through Committee with amendments. He moved that these two Bills be read the third time and do pass.
Question on the Third Reading of the two Bills proposed, put and agreed to.
Bills read the third time and passed.
The Secretary for Security reported that
had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.
At 7:50 pm, Mr James TO drew the attention of the President to the absence of a quorum. The President directed that the Council be suspended and Members be summoned. A quorum was then present.
Question on the Third Reading of the the Bill proposed, put and agreed to.
Bill read the third time and passed.
The Secretary for the Treasury reported that
had passed through Committee with amendments. 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.
The Secretary for Trade and Industry reported that
had passed through Committee with amendments. 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 Economic Services reported that
had passed through Committee with amendments. He moved that these two Bills be read the third time and do pass.
Question on the Third Reading of the two Bills proposed, put and agreed to.
Bills read the third time and passed.
Members' Motions
Measures against infectious diseases
Mr CHAN Kam-lam moved the following motion and addressed the Council:
That this Council expresses concern about the recent outbreak of infectious diseases, and urges the Government to expeditiously review the existing preventive measures against diseases and plug loopholes in the relevant legislation, and to strengthen the cooperation between the Department of Health and the two municipal services departments to enhance the territory's responsiveness in monitoring and containing infectious diseases as well as in preparing for contingencies; furthermore, with regard to the sources of the recent cholera cases, this Council also urges the Government to step up the inspection of food processing factories and restaurants, provide in-service training to restaurant workers, improve the existing licensing system and demerit points system and carry out wide-ranging publicity and educational campaigns, so as to safeguard public health.
Question on the motion proposed.
At 7:52 pm, the President's Deputy took the chair during the temporary absence of the President.
A Member spoke on the Motion.
At 8:14 pm, the President resumed the chair.
Another four Members and the Secretary for Health and Welfare spoke on the motion.
Mr CHAN Kam-lam replied.
Question on the motion put and agreed to.
Long term policy to meet the needs arising from population growth
Mr CHEUNG Hon-chung moved the following motion and addressed the Council:
That, as the latest population projection released by the Government shows that the population of Hong Kong will grow rapidly at a rate of almost 30% to over eight million in the next ten odd years, this Council urges the Government to expeditiously make corresponding adjustments to the policies on housing, education, medical care, transport, human resources, etc., and better utilise the fiscal reserve so as to satisfy the needs of the people in their daily lives and to make preparations for the social pressures brought about by the population growth.
Question on the motion proposed.
Seven Members, the Secretary for Housing, the Secretary for Education and Manpower, the Secretary fr Health and Welfare and the Secretary for Transport spoke on the motion.
Mr CHEUNG Hon-chung replied.
Question on the motion put and agreed to.
Next sitting
In accordance with Standing Orders, the President adjourned the Council until Wednesday 11 June 1997.
Adjourned accordingly at twenty-eight minutes past ten oclock.
(Andrew WONG)
President
Council Chamber
Hong Kong
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