10 Members asked supplementaries and the Secretary for Housing, the Secretary for the Treasury and the Secretary for Planning, Environment and Lands replied.

Written replies to Questions 7 to 20 were tabled for Members information.

Government Bills

First Reading

Human Reproductive Technology Bill

Insurance Companies (Amendment) Bill 1997

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

Human Reproductive Technology Bill

The Secretary for Health and Welfare 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.

Insurance Companies (Amendment) Bill 1997

The Secretary for Financial 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.

Members' Motions

Legislation on fair trade and setting up of the Competition Authority

Mr Fred LI moved the following motion and addressed the Council:

That, as the Consumer Council has, in its report on the overall review and assessment of the competition environment in Hong Kong, recommended, among others, that Hong Kong should introduce a fair competition policy, enact fair competition legislation and establish a Competition Authority, so as to promote fair competition for the benefit of the industrial and commercial sectors and consumers, and strengthen Hong Kong's competitiveness on the international level, this Council urges the Government to accept the principles of formulating a fair competition policy, enacting fair competition legislation and establishing the Competition Authority put forward by the Consumer Council, and to listen to the views of this Council and the public, so as to decide on the specific details and contents for implementing such principles.

Question on Mr Fred LI's motion proposed. The President stated that Mr James TIEN 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 TIEN moved the following amendment to Mr Fred LI's motion and addressed the Council:

To delete "so as to promote fair competition for the benefit of the industrial and commercial sectors and consumers, and strengthen Hong Kong's competitiveness on the international level,"; to add ", while supporting the principle of promoting fair competition," after "this Council"; and to delete "to accept the principles of formulating a fair competition policy, enacting fair competition legislation and establishing the Competition Authority put forward by the Consumer Council, and to listen to the views of this Council and the public, so as to decide on the specific details and contents for implementing such principles" and substitute with "to conduct an in-depth study on the aforesaid report and listen to the views of this Council and the public, in order to consider whether or not to formulate the relevant policies for promoting Hong Kong's free market operation and safeguarding Hong Kong's competitiveness in the international area".

Question on Mr James TIEN's amendment to Mr Fred LI's motion proposed.

At 4:40 pm, the President's Deputy took the chair during the temporary absence of the President.

12 Members spoke on the motion and the amendment.

Mr Fred LI spoke on the amendment.

The Secretary for Trade and Industry spoke on the motion and the amendment.

At 6:00 pm, the President resumed the chair.

Question on Mr James TIEN's amendment to Mr Fred LI's motion put. Mr James TIEN 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 31 votes against it. (Voting record in Appendix I.) He declared that Mr James TIEN's amendment to Mr Fred LI's motion was negatived.

Mr Fred LI replied.

Question on Mr Fred LI's original 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 32 votes for the motion and 21 votes against it. (Voting record in Appendix II.) He declared that Mr Fred LI's original motion was carried.

Anti-smoking

Dr C H LEONG moved the following motion and addressed the Council:

That, in order to protect Hong Kong citizens, and in particular teenagers, against the health hazards resulting from direct and second-hand smoking, this Council supports a total ban on direct and indirect tobacco advertising and on tobacco sponsorship for social, cultural and sports events, and supports legislating to designate all indoor public places as smoke free areas.

Question on Dr C H LEONG's motion proposed. The President stated that Mr MOK Ying-fan 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 MOK Ying-fan moved the following amendment to Dr C H LEONG's motion and addressed the Council:

To delete "and indirect"; to delete "and on tobacco sponsorship for social, cultural and sports events, and supports legislating to designate" and substitute with "; restricting smoking in"; and to delete "as smoke free areas" and substitute with "to designated smoking areas; and the expeditious increase of resources for strengthening anti-smoking education".

Question on Mr MOK Ying-fan's amendment to Dr C H LEONG's motion proposed.

13 Members spoke on the motion and the amendment.

Dr C H LEONG spoke on the amendment.

The Secretary for Health and Welfare spoke on the motion and the amendment.

Question on Mr MOK Ying-fan's amendment to Dr C H LEONG's motion put. The President stated that he thought the amendment had been negatived.

Mr MOK Ying-fan claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 17 votes for the amendment and 36 votes against it. (Voting record in Appendix III.) He declared that Mr MOK Ying-fan's amendment to Dr C H LEONG's motion was negatived.

Dr C H LEONG replied.

Question on Dr C H LEONG's original 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 29 votes for the motion and 22 votes against it. (Voting record in Appendix IV.) He declared that Dr C H LEONG's original motion was carried.

Members' Bills

Second Reading

Housing (Amendment) Bill 1996

Housing (Amendment) (No.2) Bill 1996

Resumption of debates on Second Reading of the above Bills which had been moved on 3 April 1996.

The President stated that when the Bills were introduced on 3 April 1996, he had said that the contents of the Housing (Amendment) Bill 1996 introduced by Mr LEE Wing-tat and the Housing (Amendment) (No.2) Bill 1996 introduced by Mr Bruce LIU were not substantially the same although they related to the same subject matter - both Bills seek to change the composition of the Housing Authority. The passage of the first Bill would not impede the further proceeding of the second Bill.

The President proposed that the two Bills be debated together in a joint debate, and that the questions on the Second Reading of the two Bills be put separately after the joint debate. There being no dissenting voice, the President ordered that the two Bills be debated together in a joint debate.

Seven Members and the Secretary for Housing spoke on the motions.

Mr LEE Wing-tat and Mr Bruce LIU replied.

Question on Second Reading of the Housing (Amendment) Bill 1996 introduced by Mr LEE Wing-tat put. The President stated that he thought the motion had been carried.

Mr LEE Wing-tat claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 36 votes for the motion and 20 votes against it. (Voting record in Appendix V.) He declared that the motion was carried.

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

Question on Second Reading of the Housing (Amendment) (No.2) Bill 1996 introduced by Mr Bruce LIU put. Mr Bruce LIU, Mr LEE Wing-tat and Mr K K FUNG claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 27 votes for the motion and 29 votes against it. (Voting record in Appendix VI.) He declared that the motion that the Bill be read the second time was negatived.

In response to queries raised by five Members regarding the voting result on the Second Reading of the Housing (Amendment) (No.2) Bill 1996, the President suspended the sitting at 10:16 pm to wait for the printing of the voting record.

The Council resumed at 10:30 pm. After Members had checked the voting record and raised no queries, the President announced that there were 27 votes for the motion and 29 votes against it. He declared that as the motion that the Bill be read the second time was negatived, no further proceeding would be taken on the Bill introduced by Mr Bruce LIU.

Committee Stage

The Council went into Committee and considered the Housing (Amendment) Bill 1996

Question "That the following clauses stand part of the Bill" proposed.

Clause 1

Mr LEE Wing-tat moved an amendment to clause 1 and addressed the Committee.

Question on the amendment proposed, put and agreed to.

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

Clause 2(a)

The Chairman stated that Mr LEE Wing-tat, Mrs Selina CHOW and Mr LEUNG Yiu-chung had separately given notices to amend sub-clause (a) of clause 2. He proposed that the amendments be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the proposed amendments be debated together in a joint debate.

The Chairman said that the order in which the amendments would be moved was determined in accordance with Standing Order No. 25(4). He further stated that Mrs Selina CHOW should first move her motion by virtue of her seniority.

Mrs Selina CHOW moved her amendment to sub-clause (a) of clause 2 and addressed the Committee.

Question on Mrs Selina CHOW's amendment proposed.

Mr LEUNG Yiu-chung and Mr LEE Wing-tat spoke on Mrs Selina CHOW's amendment as well as their proposed amendments respectively.

Two other Members and the Secretary for Housing spoke on the amendments.

Mrs Selina CHOW replied.

The Chairman reminded Members that if Mrs Selina CHOW's amendment was agreed, it would mean Mr LEUNG Yiu-chung's and Mr LEE Wing-tat's proposed amendments were not approved.

Question on Mrs Selina CHOW's amendment to sub-clause (a) of clause 2 put. Mrs Selina CHOW claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 28 votes for the amendment and 28 votes against it. (Voting record in Appendix VII.) The Chairman 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 Mrs Selina CHOW's amendment to sub-clause (a) of clause 2 was negatived.

Mr LEUNG Yiu-chung moved his amendment to sub-clause (a) of clause 2.

Question on the amendment proposed and put. Mr LEUNG Yiu-chung claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were seven votes for the amendment and 50 votes against it. (Voting record in Appendix VIII.) He declared that Mr LEUNG Yiu-chung's amendment to sub-clause (a) of clause 2 was negatived.

Mr LEE Wing-tat moved his amendment to sub-clause (a) of clause 2.

Question on the amendment proposed and put. Mr TSANG Kin-shing claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 28 votes for the amendment and 29 votes against it. (Voting record in Appendix IX.) He declared that Mr LEE Wing-tat's amendment to sub-clause (a) of clause 2 was negatived.

Question on sub-clause (a) of clause 2 stand part of the Bill put. The Chairman stated that he thought the motion had been carried.

Mrs Selina CHOW and Mr CHAN Kam-lam claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 28 votes for the motion and 29 votes against it. (Voting record in Appendix X.) He declared that the motion that sub-clause (a) of clause 2 stand part of the Bill was negatived.

Clause 2(b)

The Chairman stated that Mrs Selina CHOW might not move her proposed amendment to sub-clause (b) of clause 2 since her proposal was inconsistent with the decision already taken in regard to sub-clause (a) of clause 2.

Clause 2(c)

Mrs Selina CHOW moved an amendment to sub-clause (c) of clause 2 and addressed the Committee.

Question on the amendment proposed.

A Member and the Secretary for Housing spoke on the amendment.

In response to Mr Bruce LIU's query, the Chairman suspended the sitting at 11:35 pm to enable Mrs Selina CHOW to revise the drafting of her amendment to sub-clause (c) of clause 2.

The Committee resumed at 11:40 pm.

The Chairman stated that the President had during the suspension granted leave for Mrs Selina CHOW to make a technical amendment to her amendment to sub-clause (c) of clause 2 and address the Committee.

Question on Mrs Selina CHOW's amended amendment to sub-clause (c) of clause 2 proposed and put. Mrs Selina CHOW claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 28 votes for the amendment and 28 votes against it. (Voting record in Appendix XI.) The Chairman 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 Mrs Selina CHOW's amendment to sub-clause (c) of clause 2 was negatived.

The Chairman stated that the President had during the suspension decided to grant leave for Mr LEE Wing-tat to alter the terms of sub-clause (c) of clause 2 in the Bill. Mr LEE confirmed that he wished to alter the said terms and addressed the Committee.

Question on the question that the altered sub-clause (c) of clause 2 stand part of the Bill proposed.

A Member spoke on the question.

Question that sub-clause (c) of clause 2 stand part of the Bill put. Mr TSANG Kin-shing and Mr CHAN Kam-lam claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 28 votes for the motion and 29 votes against it. (Voting record in Appendix XII.) He declared that the question that sub-clause (c) of clause 2 stand part of the Bill was negatived.

Mr LEE Wing-tat asked for permission to withdraw sub-clauses (d) and (e) of clause 2.

There being no dissenting voice, the Chairman stated that sub-clauses (d) and (e) of clause 2 in the Bill were withdrawn and that no further proceeding would be taken on the two sub-clauses.

Clause 3

Question on clause 3 put. The Chairman stated that he thought the motion had been negatived.

Mr Martin LEE claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 27 votes for the motion and 30 votes against it. (Voting record in Appendix XIII.) He declared that the motion that clause 3 stand part of the Bill was negatived.

The Council then resumed.

Third Reading

Mr LEE Wing-tat reported that

the Housing (Amendment) Bill 1996

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.

Three Members, the Secretary for Housing and the Attorney General spoke on the motion.

Question on the Third Reading put. Mr TSANG Kin-shing claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 27 votes for the motion and 30 votes against it. (Voting record in Appendix XIV.) He declared that the motion on Third Reading of the Bill was negatived.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 22 January 1997.

Adjourned accordingly at twenty minutes past twelve oclock on the morning of 16 January 1997.

(Andrew WONG)

President

Council Chamber

Hong Kong

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