LegCo Paper No. CB(3) 456/96-97

THE LEGISLATIVE COUNCIL

MINUTES
No. 14 of 1996-97
Minutes of the sitting held on Wednesday 8 January 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
    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 Michael HO Mun-ka
    Dr the Honourable HUANG Chen-ya, MBE
    The Honourable Emily LAU Wai-hing
    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 Samuel WONG Ping-wai, OBE, FEng, JP
    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
    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
    The Honourable LAW Chi-kwong
    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 Martin LEE Chu-ming, QC, JP
    The Honourable Frederick FUNG Kin-kee
    Dr the Honourable Philip WONG Yu-hong
    Dr the Honourable Anthony CHEUNG Bing-leung
    Dr the Honourable LAW Cheung-kwok
    The Honourable LEE Kai-ming

Public officers attending:

The Honourable Mrs Anson CHAN, CBE, JP
The Chief Secretary
The Honourable Donald TSANG Yam-kuen, OBE, JP
The Financial Secretary
The Honourable Jeremy Fell MATHEWS, CMG, JP
The Attorney General
Mr Michael SUEN Ming-yeung, CBE, JP
Secretary for Home Affairs
Mr Gordon SIU Kwing-chue, JP
Secretary for Transport
Mr Rafael HUI Si-yan, JP
Secretary for Financial Services
Mr Joseph WONG Wing-ping, JP
Secretary for Education and Manpower
Mr Peter LAI Hing-ling, JP
Secretary for Security
Mr Bowen LEUNG Po-wing, JP
Secretary for Planning, Environment and Lands
Mr KWONG Ki-chi, JP
Secretary for the Treasury
Mr Keith KWOK Ka-keung, JP
Secretary for Housing
Mr Leo KWAN Wing-wah, JP
Secretary for Economic Services

Clerks in attendance:

Mr Ricky FUNG Choi-cheung 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)

Papers

The following papers were laid on the table pursuant to Standing Order No. 14(2):

Subsidiary Legislation

L.N. NO.

1. Tramway Ordinance (Alteration of Fares) (Amendment) (No.2) Notice 1996

537/96

2. Dangerous Goods (Consignment by Air) (Safety) Regulations (Amendment of Schedule) Order 1996

542/96

3. Official Languages (Alteration of Text) (Merchant Shipping Ordinance) Order 1996

543/96

4. Travel Industry Compensation Fund (Amount of Ex Gratia Payments and Financial Penalty) (Amendment) (No.2) Rules 1996

544/96

5. Food Business (Urban Council) (Amendment) (No.4) Bylaw 1996

545/96

6. Official Languages (Amendment) Ordinance 1995 (51 of 1995) (Commencement) Notice 1996

546/96

7. Intellectual Property (World Trade Organization Amendments) Ordinance 1996 (11 of 1996) (Commencement) (No.2) Notice 1996

547/96

8. Employees' Compensation (Amendment) (No.2) Ordinance 1996 (67 of 1996) (Commencement) Notice 1996 548/96


9. Post-Release Supervision of Prisoners (Amendment) Ordinance 1996 (73 of 1996) (Commencement) Notice 1996

549/96

10. Labour Tribunal (General) (Amendment) Rules 1996 (L.N.237 of 1996) (Commencement) Notice 1996

550/96

11. Trade Marks (Amendment) Rules 1996 (L.N.299 of 1996) (Commencement) Notice 1996

551/96

12. Copyright (Application to Other Countries, Territories or Areas) Regulation (L.N.312 of 1996) (Commencement) Notice 1996

552/96

13. Copyright (Designation of Qualifying Countries, Territories or Areas) Regulation (L.N.313 of 1996) (Commencement) Notice 1996

553/96

14. Trade Marks Ordinance (Amendment of Schedule) Order 1996 (L.N.314 of 1996) (Commencement) Notice 1996

554/96

15. Layout-Design (Topography) of Integrated Circuits (Designation of Qualifying Countries, Territories or Areas) Regulation (L.N.315 of 1996) (Commencement) Notice 1996

555/96

16. Sex Discrimination Ordinance (Cap.480) (Commencement) (No.3) Notice 1996

556/96

17. Sex Discrimination (Proceedings by Equal Opportunities Commission) Regulation (L.N.539 of 1996) (Commencement) Notice 1996

557/96

18. Disability Discrimination Ordinance (Cap.487) (Commencement) (No.3) Notice 1996

558/96

19. Official Languages (Authentic Chinese Text) (Merchant Shipping (Liability and Compensation for Oil Pollution) (Compulsory Insurance) Regulations) Order

(C) 131/96

20. Official Languages (Authentic Chinese Text) (Merchant Shipping (Registration) (Fees and Charges) Regulations, Merchant Shipping (Registration) (Ships' Names) Regulations and Merchant Shipping (Registration) (Tonnage) Regulations) Order

(C) 132/96

21. Official Languages (Authentic Chinese Text) (Merchant Shipping (Prevention of Oil Pollution) Regulation, Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations, Merchant Shipping (Reporting of Pollution Incidents) Regulations, Merchant Shipping (BCH Code) Regulations, Merchant Shipping (IBC Code) Regulations and Merchant Shipping (Prevention of Oil Pollution) Regulations (Exemption) Notice) Order

(C) 133/96

22. Official Languages (Authentic Chinese Text) (Merchant Shipping Ordinance) Order

(C) 134/96

23. Official Languages (Alteration of Text Under Section 4D) (No.3) Order 1996

559/96

24. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.8) Order 1996 560/96


25. Food Business (Regional Council) (Amendment) (No.2) Bylaw 1996

561/96

26. The Orthodox Metropolitanate of Hong Kong and South East Asia Ordinance (64 of 1996) (Commencement) Notice 1996

562/96

27. Medical Laboratory Technologists (Registration and Disciplinary Procedure) (Amendment) (No.2) Regulation 1996 (L.N.435 of 1996) (Commencement) Notice 1996

563/96

28. Occupational Therapists (Registration and Disciplinary Procedure) (Amendment) (No.2) Regulation 1996 (L.N.436 of 1996) (Commencement) Notice 1996

564/96

29. Import and Export (Fees) (Amendment) (No.2) Regulation 1996 (L.N.484 of 1996) (Commencement) Notice 1996

565/96

30. Official Languages (Authentic Chinese Text) (Hong Kong Airport (Control of Obstructions) Ordinance) Order

(C)135/96

31. Official Languages (Authentic Chinese Text) (Kowloon-Canton Railway Corporation Ordinance) Order

(C) 136/96

32. Boilers and Pressure Vessels (Amendment) Regulation 1997

1/97

33. Supplementary Medical Professions Ordinance (Application to Physiotherapists) Order 1997

2/97

34. Immigration (Vietnamese Migrants) (Detention Centres) (Designation) (Amendment) Order 1997

3/97

35. Immigration (Vietnamese Migrants) (Tai A Chau Detention Centre) (Repeal) Rules 1997

4/97

36. Copyright (Performing Right Tribunal) (Amendment) Rules 1997

5/97

37. Buildings (Amendment) Ordinance 1996 (54 of 1996) (Commencement) Notice 1997

6/97

38. Physiotherapists (Registration and Disciplinary Procedure) Regulation (L.N.437 of 1996) (Commencement) Notice 1997 7/97


Sessional Papers 1996-97

No. 58 - Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 1996

No. 59 - Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1996-97 Public Finance Ordinance: Section 8

Addresses

Mr Ronald ARCULLI, Chairman of the Subcommittee appointed by the House Committee to study ten items of subsidiary legislation which were gazetted on 29 November 1996 and tabled in this Council on 4 December 1996, addressed the Council on the subsidiary legislation.

Questions

1. Mr TSANG Kin-shing asked Question 1.

The Secretary for Transport replied.

Six Members asked supplementaries and the Secretary for Transport replied.

2. Mr LAW Chi-kwong asked Question 2.

The Secretary for Security replied.

Four Members asked supplementaries and the Secretary for Security replied.

3. Dr John TSE asked Question 3.

The Secretary for Planning, Environment and Lands replied.

Five Members asked supplementaries and the Secretary for Planning, Environment and Lands and the Secretary for Transport replied.

4. Mr NGAN Kam-chuen asked Question 4.

The Secretary for Planning, Environment and Lands replied.

Four Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.

5. Mr IP Kwok-him asked Question 5.

The Secretary for Housing replied.

Seven Members asked supplementaries and the Secretary for Housing replied.

Written replies to Questions 6 to 19 were tabled for Members’ information.

Government Motions

Costs in Criminal Cases Ordinance

The Attorney General moved the following motion and addressed the Council:

That the Costs in Criminal Cases Rules, made by the Acting Chief Justice on 25 November 1996, be approved.

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Legal Aid (Amendment) Bill 1996

Enduring Powers of Attorney Bill

Powers of Attorney (Amendment) Bill 1996

Freight Containers (Safety) Bill

The Bills were read the first time and ordered to be set down for Second Reading pursuant to Standing Order No. 41(3).

Second Reading

Legal Aid (Amendment) Bill 1996

The Chief Secretary 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.

Enduring Powers of Attorney Bill

Powers of Attorney (Amendment) Bill 1996

The Attorney General moved the Second Reading and addressed the Council on each of the above two Bills.

A Member 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 Second Reading proposed. The President stated that in accordance with Standing Orders, the debates on the above Bills were adjourned and the Bills were referred to the House Committee.

Freight Containers (Safety) Bill

The Secretary for Economic Services 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.

Administration of Justice (Miscellaneous Provisions) Bill 1996

Resumption of debate on Second Reading which had been moved on 26 June 1996.

Question on Second Reading put and agreed to.

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

Tsing Ma Control Area Bill

Resumption of debate on Second Reading which had been moved on 30 October 1996.

A Member 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.

Companies (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 8 May 1996.

A Member spoke on the motion.

The Secretary for Financial Services replied.

Question on Second Reading put and agreed to.

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

Banking (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 5 June 1996.

Two Members spoke on the motion.

The Secretary for Financial Services replied.

Question on Second Reading put and agreed to.

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

Employees Retraining (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 18 December 1996.

Four Members spoke on the motion.

The Secretary for Education and Manpower replied.

Question on Second Reading put and agreed to.

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

Ozone Layer Protection (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 18 December 1996.

A Member spoke on the motion.

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:

Administration of Justice (Miscellaneous Provisions) Bill 1996

Question that the following clauses and schedule stand part of the Bill proposed.

Question on clauses 1 to 27 put and agreed to.

Question on schedule put and agreed to.

Tsing Ma Control Area Bill

Question that the following clauses and schedule stand part of the Bill proposed.

Question on clauses 1, 3 to 12, 16 to 26, 29, 30 and 31 put and agreed to.

The Secretary for Transport moved amendments to clauses 2, 13, 14, 15, 27 and 28 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 2, 13, 14, 15, 27 and 28, as amended, stand part of the Bill put and agreed to.

New clause 32 read the first time.

The Secretary for Transport moved the Second Reading of new clause 32 and addressed the Committee. Question on the Second Reading of new clause 32 proposed, put and agreed to.

New clause 32 read the second time.

The Secretary for Transport moved the addition of new clause 32 to the Bill. Question on the addition proposed, put and agreed to.

Question on schedule put and agreed to.

The Secretary for Transport moved an amendment to the long title and addressed the Committee.

Question on the amendment proposed, put and agreed to.

Companies (Amendment) Bill 1996

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

Question on clauses 1, 2, 3, 5, 7 to 30, 32 to 42, 44 to 55, and 57 to 67 put and agreed to.

The Secretary for Financial Services moved amendments to clauses 4, 6, 31, 43 and 56 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 4, 6, 31, 43 and 56, as amended, stand part of the Bill put and agreed to.

Banking (Amendment) Bill 1996

Question that the following clauses and schedule stand part of the Bill proposed.

The Secretary for Financial Services moved amendments to clauses 1 to 25 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 1 to 25, as amended, stand part of the Bill put and agreed to.

New clauses 12A and 13A read the first time.

The Secretary for Financial Services moved the Second Reading of new clauses 12A and 13A and addressed the Committee. Question on the Second Reading of new clauses 12A and 13A proposed, put and agreed to.

New clauses 12A and 13A read the second time.

The Secretary for Financial Services moved the addition of new clauses 12A and 13A to the Bill. Question on the addition proposed, put and agreed to.

The Secretary for Financial Services moved an amendment to the schedule and addressed the Committee.

Question on the amendment put and agreed to.

Question that the schedule, as amended, stand part of the Bill put and agreed to.

The Secretary for Financial Services moved an amendment to the long title and addressed the Committee.

Question on the amendment proposed, put and agreed to.

Employees Retraining (Amendment) Bill 1996

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

Question on clauses 1 to 7 put and agreed to.

Ozone Layer Protection (Amendment) Bill 1996

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

Question on clauses 1 to 10 put and agreed to.

The Council then resumed.

Third Reading

The Attorney General reported that

the Administration of Justice (Miscellaneous Provisions) Bill 1996

had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

The Secretary for Transport reported that

the Tsing Ma Control Area Bill

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 Financial Services reported that

the Companies (Amendment) Bill 1996 and

the Banking (Amendment) Bill 1996

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 Education and Manpower reported that

the Employees Retraining (Amendment) Bill 1996

had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

The Secretary for Planning, Environment and Lands reported that

the Ozone Layer Protection (Amendment) Bill 1996

had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

Members' Motions

Improvement to building management

Mr IP Kwok-him moved the following motion and addressed the Council:

That, in view of the fact that at present a lot of commercial/residential buildings and private buildings encounter severe difficulties in dealing with maintenance coordination and management matters, this Council urges the Home Affairs Branch to consider enhancing the existing power given to Owners’ Corporations so as to improve the efficiency in building management, and requests the Home Affairs Branch to provide substantial and active support to enable the setting up of Owners’ Corporations in all buildings in the territory as early as possible.

Question on Mr IP Kwok-him's motion proposed. The President stated that Mr James TO had given notice to move an amendment to the motion. He proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together in a joint debate.

Mr James TO moved the following amendment to Mr IP Kwok-him's motion and addressed the Council:

To delete "in view of the fact that at present a lot of commercial/residential buildings and private buildings encounter severe difficulties in dealing with maintenance coordination and management matters" and substitute with "despite the passing of amendments to the Building Management Ordinance by this Council in 1993, some private commercial/residential buildings still encounter difficulties in dealing with inspection, maintenance and management matters"; to delete "consider enhancing the existing power given to Owners' Corporations so as to improve the efficiency in building management" and substitute with "conduct a comprehensive review of the existing formation method, power and operation of Owners' Corporations, the mechanism for monitoring the quality and work of management companies, and the relevant legislation, so as to improve the efficiency of building management and safeguard the interests of property owners"; and to delete "to enable the setting up of Owners' Corporations in all buildings in the territory as early as possible" and substitute with "in encouraging the setting up of more Owners' Corporations and to set up a standing consultative committee for discussing building management matters".

Question on Mr James TO's amendment to Mr IP Kwok-him's motion proposed.

At 6:25 p.m., the President's Deputy took the chair during the temporary absence of the President.

Nine Members spoke on the motion and the amendment.

Mr IP Kwok-him spoke on the amendment.

The Secretary for Home Affairs spoke on the motion and the amendment.

At 7:30 p.m., the President resumed the chair.

Another Member spoke on the motion and the amendment.

Question on Mr James TO's amendment to Mr IP Kwok-him's motion put and agreed to.

Mr IP Kwok-him replied.

Question on Mr IP Kwok-him's motion as amended by Mr James TO put and agreed to.

Comprehensive review of fire safety measures

Mrs Selina CHOW moved the following motion and addressed the Council:

That, although the Governor has appointed an independent commission with extensive legal powers to inquire into the fifth alarm fire which broke out recently at Garley Building in Yau Ma Tei and caused serious casualties, and the interim and final reports on the inquiry are expected to take half a year and a year to complete, this Council therefore strongly demands that the Fire Services Department, the Buildings Department, the Labour Department and the other departments concerned should, in accordance with the internal investigation report and the recommendations made by the public, take immediate corresponding actions, so as to eliminate as far as possible any potential danger that may trigger similar incidents and prevent the recurrence of such tragedies before the completion of the inquiry, and that the respective departments concerned should brief this Council on the immediate actions they plan to take and report the progress of such actions on a regular basis.

Question on the motion proposed.

Eight Members and the Secretary for Security spoke on the motion.

Mrs Selina CHOW replied.

Question on the motion put and agreed to.

Members' Bills

First Reading

Trade Unions (Amendment) 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

Trade Unions (Amendment) Bill 1997

Mr LEE Cheuk-yan 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.

The Methodist Church, Hong Kong, Incorporation (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 4 December 1996.

Question on Second Reading put and agreed to.

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

Committee Stage

The Council went into Committee and considered The Methodist Church, Hong Kong, Incorporation (Amendment) Bill 1996

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

Question on clauses 1 to 6 put and agreed to.

The Council then resumed.

Third Reading

Mr LAU Chin-shek reported that

The Methodist Church, Hong Kong, Incorporation (Amendment) Bill 1996

had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 15 January 1997.

Adjourned accordingly at eighteen minutes past nine o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong

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