Subsidiary Legislation	L.N. NO.
1. Merchant Shipping (Prevention and Control of Pollution) (Charges for Discharge of Polluting Waste) (Amendment) Regulation 1996	465/96
2. Builders' Lifts and Tower Working Platforms (Safety) (Fees) (Amendment) Regulation 1996	468/96
3. Employees' Compensation (Amendment) Regulation 1996	469/96
4. Shipping and Port Control Regulations (Amendment of Fifth Schedule) Notice 1996	470/96
5. Specification of Public Office	471/96
6. Official Languages (Authentic Chinese Text) (Affiliation Proceedings Ordinance) Order	(C) 111/96
7. Official Languages (Authentic Chinese Text) (Occupiers Liability Ordinance) Order	(C) 112/96
8. Official Languages (Authentic Chinese Text) (British Nationality Act 1981 (Consequential Amendments) Ordinance) Order	(C) 113/96
9. Official Languages (Authentic Chinese Text) (British Nationality (Miscellaneous Provisions) Ordinance) Order	(C) 114/96
10. Official Languages (Authentic Chinese Text) (Undesirable Medical Advertisements Ordinance) Order	(C) 115/96

Sessional Papers 1996-97

No. 32 - The Audited Statement of Assets and Liabilities and Statement of Receipts and Payments of the Urban Council for the year ended 31 March 1996

No. 33 - Urban Council Annual Report 1995/96

No. 34 - Revisions to the 1996/97 Estimates approved by the Urban Council during the second quarter of the 1996/97 financial year

Questions

1. Mr Andrew CHENG asked Question 1.

The Secretary for Broadcasting, Culture and Sport replied.

Two Members asked supplementaries and the Secretary for Broadcasting, Culture and Sport replied.

2. Mr Paul CHENG asked Question 2.

The Secretary for Works replied.

Five Members asked supplementaries and the Secretary for Works replied.

3. Mr Edward HO asked Question 4.

The Secretary for Health and Welfare replied.

Seven Members asked supplementaries and the Secretary for Health and Welfare replied.

4. Miss CHAN Yuen-han asked Question 3.

The Secretary for Education and Manpower replied.

Four Members asked supplementaries and the Secretary for Education and Manpower replied.

5. Mr LO Suk-ching asked Question 5.

The Secretary for Trade and Industry replied.

Three Members asked supplementaries and the Secretary for Trade and Industry replied.

Written replies to Questions 6 to 20 were tabled for Members information.

Government Bills

First Reading

Wild Animals Protection (Amendment) Bill 1996

Motor Vehicles (First Registration Tax) (Amendment) (No.2) Bill 1996

Architects, Engineers, Surveyors and Planners Registration (Miscellaneous Amendments) Bill 1996

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

Wild Animals Protection (Amendment) Bill 1996

The Secretary for Planning, Environment and Lands 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.

Motor Vehicles (First Registration Tax) (Amendment) (No.2) Bill 1996

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.

Architects, Engineers, Surveyors and Planners Registration (Miscellaneous Amendments) Bill 1996

The Secretary for Works 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.

Members' Motions

Election platforms of the SAR Chief Executive candidates

Before calling on Mr LEE Cheuk-yan to move his motion, the President stated that Mr IP Kwok-him had given notice to move an amendment to Mr LEE's motion and that Mr Bruce LIU had also given notice to move an amendment to Mr IP's proposed amendment. The amendment to Mr LEE's motion proposed by Mr IP involved leaving out all the effective words of Mr LEE's motion and adding words as an alternative to the words proposed to be deleted. The President further stated that if after Mr IP's amendment or his amendment as amended by Mr LIU had been agreed to later at this sitting, it would mean that the Council accepted Mr IP's amendment, or his amendment as amended by Mr LIU, as an alternative to the original motion. He added that, in accordance with the ruling on the debate on Mr SIN Chung-kai's motion on "Strengthening the Supervision of Statutory Public Organizations" held at the last sitting, he would, after he had declared that Mr IP's amendment or his amendment as amended by Mr Bruce LIU, had been agreed, forthwith declare Mr LEE's motion as amended by Mr IP, or as amended by Mr IP and Mr LIU, had also been agreed to by the Council and the debate would end there. However, if Mr IP's amendment, or his amendment as amended by Mr LIU, was not agreed, the usual procedure would be followed.

Mr LEE Cheuk-yan stated that he intended to raise a point of order regarding the private ruling made by the President prior to the sitting. The President suspended the sitting at 4:05 pm to enable Mr LEE to submit the point of order in writing for his consideration.

The Council resumed at 5:05 pm.

The President stated that Mr LEE Cheuk-yan had submitted a point of order in writing requesting his ruling on whether Mr IP Kwok-him's proposed amendment was relevant to Mr LEE's motion. The President explained that on the question of relevance, the matter in Mr LEE's motion was in two parts. The first concerned the proposition to express profound disappointment that, under the election system controlled by the Chinese Government, the election platforms of some candidates for the Chief Executive position avoided the issues on democracy and human rights in Hong Kong. The second concerned the proposition that the Chief Executive should be elected through the one-person-one-vote system. Mr IP Kwok-him's amendment to Mr LEE's motion also consisted of two parts: the first was Mr IP's proposition that the pace of democratic development and human rights issues in Hong Kong were already prescribed in the Basic Law; the second was Mr IP's proposition to support the coming into being of the Chief Executive in accordance with the Basic Law. Erskine May (p. 336, 21st Edition) stated that "the object of an amendment may be either to modify a question (motion) in such a way as to increase its acceptability or to present to the House (of Commons) a different proposition as an alternative to the original question (motion)". Mr IP's amendment, which sought to modify Mr LEE's motion and present to the Council different propositions as an alternative to Mr LEE's original propositions, was relevant to the matter proposed for debate by this Council, and was relevant to Mr LEE's motion.

Mr LEE Cheuk-yan moved the following motion and addressed the Council:

That, as a number of candidates who participate in the procedure for nomination of the Chief Executive of the Hong Kong SAR designed by the Chinese Government have put forward election platforms which avoid the issues of the development of democracy and the protection of human rights in Hong Kong, thereby indicating a lack of determination to uphold the concepts of 'one country two systems' and 'a high degree of autonomy' and reflecting that, under a system of election controlled by the Chinese Government and in which only a few can take part, only platforms which politically follow the wishes of the Chinese Government are permitted, this Council expresses its profound disappointment over the situation, and emphasizes that only an SAR Chief Executive elected through the one-person-one-vote system by the people of Hong Kong can effectively protect the interests of Hong Kong people.

Question on Mr LEE Cheuk-yan's motion proposed. The President further proposed that the motion, the amendment to the motion proposed by Mr IP Kwok-him and the amendment to Mr IP's amendment proposed by Mr Bruce LIU be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendments be debated together in a joint debate.

Mr IP Kwok-him moved the following amendment to Mr LEE Cheuk-yan's motion and addressed the Council:

To delete "a number of candidates who participate in the procedure for nomination of the Chief Executive of the Hong Kong SAR designed by the Chinese Government have put forward election platforms which avoid the issues of the development of democracy and the protection of human rights in Hong Kong, thereby indicating a lack of determination to uphold the concepts of 'one country two systems' and 'a high degree of autonomy' and reflecting that, under a system of election controlled by the Chinese Government and in which only a few can take part, only platforms which politically follow the wishes of the Chinese Government are permitted" and substitute with "the election of the Hong Kong SAR is carried out in accordance with the stipulations laid down in the Basic Law and that the pace of democratic development in the territory and the protection of human rights are already clearly prescribed in the provisions of the Basic Law"; and to delete "expresses its profound disappointment over the situation, and emphasizes that only an SAR Chief Executive elected through the one-person-one-vote system by the people of Hong Kong can effectively protect the interests of Hong Kong people" and substitute with "supports the election of the SAR Chief Executive in accordance with the Basic Law, so as to effect a smooth transition".

Question on Mr IP Kwok-him's amendment to Mr LEE Cheuk-yan's motion proposed.

Mr Bruce LIU moved the following amendment to Mr IP Kwok-him's proposed amendment and addressed the Council:

To add ", and calls for members of the Selection Committee to fully respect the wishes of the people of Hong Kong by electing an SAR Chief Executive who has the aspiration and ability to adhere to the concepts of 'one country, two systems', 'a high degree of autonomy' and 'Hong Kong people ruling Hong Kong'; safeguard the rights and freedoms of the people of Hong Kong provided under the Basic Law; and improve the livelihood of the grassroots people" after "supports the election of the SAR Chief Executive in accordance with the Basic Law".

Question on Mr Bruce LIU's amendment to Mr IP Kwok-him's amendment proposed.

Five Members spoke on the motion and the amendments.

In the course of Mr LEUNG Yiu-chung's speech, a Member asked for an explanation on an allegedly insulting remark made by Mr LEUNG. The President asked Mr LEUNG whether the remark was directed at Members of the Council, to which Mr LEUNG replied in the affirmative. The President ruled that the remark was insulting language and he asked Mr LEUNG to wirhdraw the remark. In response to Mr LEUNG's request, the President suspended the Council at 6:20 pm.

The Council resumed at 6:28 pm.

The President stated that he had made a ruling concerning the use of offensive and insulting language at the sitting on 27 March 1996, and he read out the following extract from that ruling: "Offensive and insulting language is regarded as unparliamentary language and should not be used in the proceedings of the Council and its committees. Under Standing Order 31(4), it is out of order to use offensive and insulting language about Members of the Council. Under Standing Order 31(5), a Member should not impute improper motives to another Member. Such objectionable language might fall into two kinds, one which reflects derogatorily on the character of other Members, and the other which is straightforward profane, abusive and indecent. I will rule both kinds of language out of order. If a Member of the Council inadvertently uses in his or her speech language which is objectionably, I will request the Member to rephrase that part of the speech that I regard as unparliamentary. If the Member concerned fails to take heed of such request, or fails to rephrase it in such a way as to make it unobjectionable, I will order that the relevant part of his or her speech be withdrawn forthwith, or an apology be offered. If the order is not observed, I will regard such conduct as grossly disorderly and order the Member to withdraw immediately from the Council for the remainder of the sitting, under Standing Order No. 34."

The President again asked Mr LEUNG Yiu-chung to withdraw the remark which he had ruled to be insulting language. Mr LEUNG refused to do so and the President ordered Mr LEUNG to withdraw immediately from the Council for the remainder of the sitting under Standing Order No. 34(2).

Another 13 Members spoke on the motion and the amendments.

The President invited Mr IP Kwok-him to speak for the second time on Mr Bruce LIU's amendment.

Mr LEE Cheuk-yan spoke on the amendments.

The Secretary for Constitutional Affairs spoke on the motion and the amendments.

With the consent of the President, Mr WONG Wai-yin rose to move the following motion without notice under Standing Order No. 30(1):

That the debate on the "Election platforms of the SAR Chief Executive candidates" be adjourned.

Question on Mr WONG Wai-yin's motion proposed.

Three Members spoke on Mr WONG's motion.

Question on Mr WONG's motion put. As the President could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, he ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 20 votes for the motion and 27 votes against it. (Voting record in Appendix I.) He declared that Mr WONG Wai-yin's motion was negatived.

Question on Mr Bruce LIU's amendment to Mr IP Kwok-him's amendment put. The President stated that he thought the amendment had been negatived.

Mr K K FUNG and Mr Bruce LIU claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 15 votes for the amendment and 19 votes against it. (Voting record in Appendix II.) He declared that Mr Bruce LIU's amendment to Mr IP Kwok-him's amendment was negatived.

Question on Mr IP Kwok-him's amendment to Mr LEE Cheuk-yan's motion put. As the President could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, he ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 25 votes for the amendment and 19 votes against it. (Voting record in Appendix III.) He declared that Mr IP Kwok-him's amendment to Mr LEE Cheuk-yans motion was agreed.

The President further declared that Mr LEE Cheuk-yan's motion as amended by Mr IP Kwok-him was carried.

Strengthening the supervision of Hong Kong and China Gas Co. Ltd.

Mr SIN Chung-kai moved the following motion and addressed the Council:

That this Council reproves the Governments reluctance to supervise the Hong Kong and China Gas Co. Ltd. (the Company), which possesses a monopolistic edge in the market, as this has resulted in the Companys arbitrary raising of its charges without regard to the interests of the public, and requests the Government to reconsider supervision of the Company, so as to enhance its transparency and accountability and safeguard the interests of the consumers.

Question on Mr SIN Chung-kai's motion proposed. The President stated that Mr CHAN Kam-lam had given notice to move an amendment to the motion and that Dr LAW Cheung-kwok had also given notice to move an amendment to Mr CHAN's proposed amendment. He proposed that the motion and the amendments be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the amendments be debated together in a joint debate.

Mr CHAN Kam-lam moved the following amendment to Mr SIN Chung-kai's motion and addressed the Council:

To insert ", in view of the fact that the Hong Kong and China Gas Co. Ltd. (the Company) has an enormous market share at present," after "That"; and to delete "reproves the Government's reluctance to supervise the Hong Kong and China Gas Co. Ltd. (the Company), which possesses a monopolistic edge in the market, as this has resulted in the Company's arbitrary raising of its charges without regard to the interests of the public, and requests the Government to reconsider supervision of the Company, so as to enhance its transparency and accountability and" and substitute with "urges the Government to take active measures to encourage healthy competition and increase the operational transparency of the Company, so as to".

Question on Mr CHAN Kam-lam's amendment to Mr SIN Chung-kai's motion proposed.

Dr LAW Cheung-kwok moved the following amendment to Mr CHAN Kam-lam's proposed amendment and addressed the Council:

To delete "take active measures" and substitute with "directly supervise the Company and bring in new competitors"; and to delete "to encourage healthy competition and" and substitute with "as well as".

Question on Dr LAW Cheung-kwok's amendment to Mr CHAN Kam-lam's amendment proposed.

A Member spoke on the motion and the amendments.

At 8:45 pm, the President's Deputy took the chair during the temporary absence of the President.

Another six Members spoke on the motion and the amendments.

At 9:20 pm, the President resumed the chair.

The President invited Mr CHAN Kam-lam to speak for the second time on Dr LAW Cheung-kwok's amendment.

Mr SIN Chung-kai spoke on the amendments.

The Secretary for Economic Services spoke on the motion and the amendments.

Question on Dr LAW Cheung-kwok's amendment to Mr CHAN Kam-lam's amendment put. The President stated that he thought the amendment had been negatived.

Dr LAW Cheung-kwok and Mr SIN Chung-kai claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 22 votes for the amendment and 22 votes against it. (Voting record in Appendix IV.) The President stated that he had previously exercised his casting vote in accordance with Speaker DENISON's decision in 1867. He then exercised his casting vote in the negative and declared that Dr LAW Cheung-kwok's amendment to Mr CHAN Kam-lam's amendment was negatived.

Question on Mr CHAN Kam-lam's amendment to Mr SIN Chung-kai's motion put. Mr CHAN Wing-chan claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 23 votes for the amendment and 22 votes against it. (Voting record in Appendix V.) He declared that Mr CHAN Kam-lam's amendment to Mr SIN Chung-kais motion was agreed.

Mr SIN Chung-kai replied.

Question on Mr SIN Chung-kai's motion as amended by Mr CHAN Kam-lam put. As the President could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, he ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 23 votes for the amended motion and 22 votes against it. (Voting record in Appendix VI.) He declared that Mr SIN Chung-kai's motion as amended by Mr CHAN Kam-lam was carried.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 20 November 1996.

Adjourned accordingly at six minutes to ten oclock.

(Andrew WONG)
President
Council Chamber
Hong Kong

Last Updated on {{PUBLISH AUTO[[DATE("d mmm, yyyy")]]}}

THE LEGISLATIVE COUNCIL MINUTES No. 7 of 1996-97 Minutes of the sitting held on Wednesday 13 November 1996 at 2:30 pm

Papers

Sessional Papers 1996-97

Questions

Government Bills

First Reading

Second Reading

Members' Motions

Election platforms of the SAR Chief Executive candidates

Strengthening the supervision of Hong Kong and China Gas Co. Ltd.

Next sitting

THE LEGISLATIVE COUNCIL
MINUTES
No. 7 of 1996-97
Minutes of the sitting held on Wednesday 13 November 1996 at 2:30 pm