LegCo Paper No. CB(3) 104/96-97

THE LEGISLATIVE COUNCIL
MINUTES
No. 3 of 1996-97
Minutes of the sitting held on Wednesday 16 October 1996 and Thursday 17 October 1996 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 (absent on 17.10.96)
    The Honourable NGAI Shiu-kit, OBE, JP
    The Honourable SZETO Wah
    The Honourable LAU Wong-fat, OBE, JP (absent on 17.10.96)
    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 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, MBE, FEng, JP
    Dr The Honourable Philip WONG Yu-hong (absent on 17.10.96)
    Dr The Honourable YEUNG Sum
    The Honourable Howard YOUNG, JP (absent on 16.10.96)
    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 LAW Chi-kwong
    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

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 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 Bowen LEUNG Po-wing, JP
Secretary for Planning, Environment and Lands
Mr Stephen IP Shu-kwan, JP
Secretary for Economic Services
Mr KWONG Hon-sang, JP
Secretary for Works
Mrs Lessie WEI CHUI Kit-yee, JP
Secretary for Financial Services

Clerks in attendance:

Mr Ricky FUNG Choi-cheung
Secretary General
Mr LAW Kam-sang
Deputy Secretary General
Miss Pauline NG Man-wah
Assistant Secretary General (1)
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. Dangerous Drugs Ordinance (Amendment of Fourth Schedule) Order 1996

415/96

2. Solicitors' Practice (Amendment) (No.2) Rules 1996

416/96

Sessional Papers 1996-97

No. 11 - Companies Registry Annual Report 1995-96

No. 12 - Marine Fish Scholarship Fund Report for the period from 1 April 1995 to 31 March 1996

No. 13 - Agricultural Products Scholarship Fund Report for the period from 1 April 1995 to 31 March 1996

No. 14 - Fish Marketing Organization - Statement of Accounts for the year ended 31 March 1996

No. 15 - Vegetable Marketing Organization - Statement of Accounts for the year ended 31 March 1996

No. 16 - Report by the Trustee of the Prisoners' Education Trust Fund for the period 1st December 1995 to 31st March 1996

Questions

Written replies to Questions 1 to 20 were tabled for Members’ information.

Members' Motions

Interpretation and General Clauses Ordinance

Mr James TO moved the following motion and addressed the Council:

That the Mental Health (Amendment) Regulation 1996, published as Legal Notice No.298 of 1996 and laid on the table of the Legislative Council on 10 July 1996, be amended in section 3 -

  1. in new regulation 5(2) -
    1. by repealing paragraph (b) and substituting - "(b) a member of the Executive Council;";
    2. by renumbering paragraphs (d), (e) and (f) as paragraphs (j), (k) and (l) respectively;
    3. by adding -
        "
      1. a member of the Urban Council;
      2. a member of the Regional Council;
      3. a member of a District Board;
      4. a Justice of the Peace;
      5. a public officer;
      6. a mental hospital visitor;";
  2. in new regulation 5D -
    1. in paragraph (a), by adding "after exercising the power conferred under regulation 5A or 5C (as the case may be)" after "7 days";
    2. in paragraph (b), by adding "after exercising the power conferred under regulation 5B or 5C (as the case may be)" after "7 days".

Question on the motion proposed, put and agreed to.

Motion of Thanks

The President explained the procedure for debating the motion and any amendments to the motion that might be moved by Members in the course of the debate.

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

That this Council thanks the Governor for his address.

Question on the motion proposed.

Six Members spoke on the motion.

At 4:02 pm, the President’s Deputy took the chair during the temporary absence of the President.

Another three Members spoke on the motion.

At 4:40 pm, the President resumed the chair.

Three further Members spoke on the motion.

With the consent of the President, Dr C H LEONG rose to move the following motion without notice:

That the debate on the 'Motion of Thanks' be adjourned to enable Mr Ronald ARCULLI to move his motion under the Interpretation and General Clauses Ordinance which is on the Order Paper and that the debate on the 'Motion of Thanks' be resumed immediately after Mr Ronald ARCULLI's motion has been disposed of.

Question on the motion proposed, put and agreed to.

Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI moved the following motion and addressed the Council:

That the Prison (Amendment) Rules 1996, published as Legal Notice No.300 of 1996 and laid on the table of the Legislative Council on 10 July 1996, be repealed.

Question on the motion proposed.

A Member and the Secretary for Security spoke on the motion.

Question on the motion put and agreed to.

The Council then continued to debate the 'Motion of Thanks' moved by Dr C H LEONG.

Eight Members spoke on the motion.

At 6:42 pm, the President's Deputy took the chair during the temporary absence of the President.

Another two Members spoke on the motion.

At 7:10 pm, the President resumed the chair.

10 further Members spoke on the motion.

The President suspended the sitting at 9:20 pm.

The Council resumed at 2:30 pm on 17 October 1996 and continued to debate the Motion of Thanks.

11 Members spoke on the motion.

Mr LEE Cheuk-yan moved the following amendment to Dr C H LEONG's motion and addressed the Council:

To add the following after "for his address":

", but since the British Government has all along been adopting colonial governance as well as refusing to pursue full democratization in the territory, thereby unreasonably depriving the people of Hong Kong of their democratic rights, this Council expresses deep regret"

Question on the amendment proposed.

Two Members spoke on the amendment.

At 5:00 pm, the President's Deputy took the chair during the temporary absence of the President.

Mr Martin LEE raised a point of order that the President's Deputy should not chair the part of the proceedings which was on Mr LEE Cheuk-yan's amendment because the President's Deputy had spoken against it. The President's Deputy suspended the sitting at 5:05 pm.

The Council resumed at 5:15 pm and the President resumed the chair at the same time.

Five further Members spoke on the amendment.

Question on Mr LEE Cheuk-yan's amendment to Dr C H LEONG's motion put. The President stated that he thought the amendment had been agreed.

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 27 votes for the amendment and 17 votes against it. (Voting record in the Appendix.) He declared that Mr LEE Cheuk-yan's amendment to Dr C H LEONG's motion was agreed.

The President stated that as Mr LEE's amendment had been agreed, the Council would continue to debate Dr C H LEONG's motion as amended by Mr LEE Cheuk-yan.

11 Members spoke on the amended motion.

At 7:56 pm, the President’s Deputy took the chair during the temporary absence of the President.

Another two Members spoke on the amended motion.

At 8:16 pm, the President resumed the chair.

Dr C H LEONG moved that the debate be adjourned.

Question on the motion proposed, put and agreed to.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 23 October 1996.

Adjourned accordingly at twenty-seven minutes past eight o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong

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