LegCo Paper No. CB(3) 651/96-97

THE LEGISLATIVE COUNCIL

MINUTES No. 19 of 1996-97
Minutes of the sitting held on Wednesday 19 February 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 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 Emily LAU Wai-hing
    The Honourable LEE Wing-tat
    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 Philip WONG Yu-hong
    Dr the Honourable YEUNG Sum
    The Honourable Zachary WONG Wai-yin
    The Honourable Christine LOH Kung-wai
    The Honourable LEE Cheuk-yan
    The Honourable CHAN Kam-lam
    The Honourable CHAN Wing-chan
    The Honourable CHAN Yuen-han
    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 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 Lawrence YUM Sin-ling
Members absent:
    The Honourable Martin LEE Chu-ming, QC, JP
    Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
    The Honourable Eric LI Ka-cheung, OBE, JP
    The Honourable Howard YOUNG, JP
    The Honourable James TIEN Pei-chun, OBE, JP
    The Honourable Andrew CHENG Kar-foo
    The Honourable MOK Ying-fan
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP
Public officers attending:
    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 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 LAM Woon-kwong, JP
    Secretary for the Civil Service
Clerks in attendance:
    Mr Ricky FUNG Choi-cheung
    Secretary General
    Mr LAW Kam-sang
    Deputy Secretary General
    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 LegislationL.N. NO.
1. Whaling Industry (Regulation) Regulation48/97
2. Specification of Arrangements (Government of the Kingdom of the Netherlands Concerning Air Services) (Double Taxation) Order49-97
3. Road Traffic (Public Service Vehicles) (Amendment) Regulation 199750/97
4. Road Traffic (Public Service Vehicles) (Amendment) (No.2) Regulation 199751/97
5. Antiquities and Monuments (Declaration of Monument) Notice 199752/97
6. Control of Chemicals Ordinance (Amendment of Schedules) Order 199753/97
7. Securities and Futures Commission (Annual Returns) (Amendment) Rules 199754/97
8. Leveraged Foreign Exchange Trading (Annual Returns) (Amendment) Rules 199755/97
9. Companies (Amendment) Ordinance 1995 (83 of 1995) (Commencement) Notice 199756/97
10. Companies (Forms) (Amendment) Regulation 1995 (L.N.375 of 1995) (Commencement) Notice 199757/97
11. Companies (Amendment) Ordinance 1997 (3 of 1997) (Commencement) Notice 199758/97
12. Banking (Amendment) Ordinance 1997 (4 of 1997) (Commencement) Notice 199759/97
13. Employees Retraining (Amendment) Ordinance 1997 (5 of 1997) (Commencement) Notice 199760/97
14. Official Languages (Authentic Chinese Text) (Perpetuities and Accumulations Ordinance) Order(C) 7/97
15. Official Languages (Authentic Chinese Text) (Evidence Ordinance) Order(C) 8/97
16. Places of Public Entertainment (Amendment) Regulation 199761/97
17. Official Languages (Alteration of Text Under Section 4D) (No.3) Order 199762/97
18. Official Languages (Alteration of Text) (Pharmacy and Poisons Ordinance) Order 199763/97
19. Administration of Justice (Miscellaneous Provisions) Ordinance 1997 (1 of 1997) (Commencement) Notice 199764/97
20. Official Languages (Authentic Chinese Text) (Pharmacy and Poisons Ordinance) Order(C) 9/97
21. Employees Retraining Ordinance (Amendment of Schedule 2) Notice 199765/97
22. Ozone Layer Protection (Amendment) Ordinance 1997 (6 of 1997) (Commencement) Notice 199766/97

Sessional Papers 1996-97

No. 64-The Hong Kong Academy for Performing Arts
Annual Report 1995-1996, Financial Statements and Auditor's Report for the year ended 30th June 1996

No.65-Hong Kong Arts Development Council Annual Report April 1, 1995 - March 31, 1996

No.66-Secretary for Home Affairs Incorporated Statement of Accounts for the year ended 31 March 1996

No.67-Li Po Chun Charitable Trust Fund Annual Report for the period 1st September 1995 to 31st August 1996

II. Questions

1. Mr James TO asked Question 1.

The Secretary for the Civil Service replied.

Two Members asked supplementaries and the Secretary for the Civil Service replied.

2. Mr Michael HO asked Question 2.

The Secretary for Health and Welfare replied.

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

3. Dr CHEUNG Bing-leung asked Question 3.

The Secretary for the Civil Service replied.

Five Members asked supplementaries and the Secretary for the Civil Service replied.

4. Mr LEE Cheuk-yan asked Question 4.

The Secretary for Education and Manpower replied.

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

Written replies to Questions 5 to 18 were tabled for Members’ information.

Government Bills

First Reading

Nurses Registration (Amendment) Bill 1997

Midwives Registration (Amendment) Bill 1997

Immigration (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

Nurses Registration (Amendment) Bill 1997

Midwives Registration (Amendment) Bill 1997

The Secretary for Health and Welfare moved the Second Reading and addressed the Council on each of the above two Bills.

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.

Immigration (Amendment) Bill 1997

The Secretary for Security 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

Employees' compensation system

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

That this Council urges the Government to carry out a comprehensive review of the employees' compensation system in Hong Kong so as to achieve the following policy objectives:

  1. to ensure that the family members of those who suffer injuries or die in work-related accidents are given a reasonable level of compensation, by amending the Employees' Compensation Ordinance;

  2. to establish a central employees' compensation fund so that the victims of industrial accidents can have more comprehensive protection;

  3. to set up a work-related injuries adjudication tribunal to settle relevant disputes in an expeditious, inexpensive and simple manner; and

  4. to improve the existing assistance system for victims of work-related injuries so that they can be given adequate assistance in circumstances where employers have not taken out insurance and are unable to pay compensation.

Question on Mr LEE Cheuk-yan's motion proposed. The President stated that Mr CHAN Kam-lam 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 CHAN Kam-lam moved the following amendment to Mr LEE Cheuk-yan's motion and addressed the Council:

To delete "carry out a" and substitute with "make"; to delete "review of" and substitute with "improvement to"; to delete "so as to achieve the following policy objectives" and substitute with "which should include the following"; to delete "to ensure that the family members of those who suffer injuries or die in work-related accidents are given a reasonable level of compensation, by amending the Employees' Compensation Ordinance" and substitute with "to expeditiously implement the recommendations of the Labour Advisory Board regarding amendments to the Employees' Compensation Ordinance"; to add "and their family members" after "so that the victims of industrial accidents"; to delete "to set up a work-related injuries adjudication tribunal to settle relevant disputes in an expeditious, inexpensive and simple manner" and substitute with "to streamline the existing procedures in respect of compensation claims for work-related injuries".

Question on Mr CHAN Kam-lam's amendment to Mr LEE Cheuk-yan's motion proposed.

Six Members spoke on the motion and the amendment.

Mr LEE Cheuk-yan spoke on the amendment.

The Secretary for Education and Manpower spoke on the motion and the amendment.

Question on Mr CHAN Kam-lam's amendment to Mr LEE Cheuk-yan's motion put. The President stated that he thought the amendment had been negatived.

Mr CHEUNG Hon-chung claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 10 votes for the amendment and 23 votes against it. (Voting record in Appendix I.) He declared that Mr CHAN Kam-lam's amendment to Mr LEE Cheuk-yan's motion was negatived.

Mr LEE Cheuk-yan replied.

Question on Mr LEE Cheuk-yan's original motion put. The President stated that he thought the original motion had been carried.

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

The President announced that there were 37 votes for the original motion and 9 votes against it. (Voting record in Appendix II.) He declared that Mr LEE Cheuk-yan's original motion was carried.

Preparatory Committee's resolution proposing the repeal of provisions in civil rights-related laws

Dr YEUNG Sum moved the following motion and addressed the Council:

That this Council strongly condemns the Preparatory Committee for resolving to propose the repeal of those provisions in the Societies Ordinance and Public Order Ordinance which were amended consequent upon the enactment of the Hong Kong Bill of Rights Ordinance, and certain important provisions in the Hong Kong Bill of Rights Ordinance and Personal Data (Privacy) Ordinance; and requests the Standing Committee of the National People's Congress of the People's Republic of China to reject the proposal in order not to seriously damage the legislation safeguarding Hong Kong's human rights and freedom, or to seriously tarnish the territory's good reputation in the rule of law.

Question on Dr YEUNG Sum's motion proposed. The President stated that Mr Edward HO 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 Edward HO moved the following amendment to Dr YEUNG Sum's motion and addressed the Council:

To add "in the interest of a smooth transition," after "That"; to delete "strongly condemns the Preparatory Committee for resolving to propose the repeal of those provisions in the Societies Ordinance and Public Order Ordinance which were amended consequent upon the enactment of the Hong Kong Bill of Rights Ordinance, and certain important provisions in the Hong Kong Bill of Rights Ordinance and Personal Data (Privacy) Ordinance; and"; to delete "to reject", and substitute with "not to accept or implement"; to delete "in order not to seriously damage the legislation safeguarding Hong Kong's human rights and freedom, or to seriously tarnish the territory's good reputation in the rule of law", and substitute with "of the Preparatory Committee regarding the repeal of certain provisions of the Societies Ordinance, the Public Order Ordinance, the Personal Data (Privacy) Ordinance and the Hong Kong Bill of Rights Ordinance".

Question on Mr Edward HO's amendment to Dr YEUNG Sum's motion proposed.

Five Members spoke on the motion and the amendment.

At 6:10 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another 10 Members spoke on the motion and the amendment.

At 7:02 p.m., the President resumed the chair.

A further Member spoke on the motion and the amendment.

Dr YEUNG Sum spoke on the amendment.

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

Question on Mr Edward HO's amendment to Dr YEUNG Sum's motion put. The President stated that he thought the amendment had been agreed.

Dr YEUNG sum claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 31 votes for the amendment and 13 votes against it. (Voting record in Appendix III.) He declared that Mr Edward HO's amendment to Dr YEUNG Sum's motion was agreed.

Dr YEUNG Sum replied.

Question on Dr YEUNG Sum's motion as amended by Mr Edward HO put.

The President stated that he thought the amended motion had been carried.

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 31 votes for the amended motion and 13 votes against it. (Voting record in Appendix IV.) He declared that Dr YEUNG Sum's motion as amended by Mr Edward HO was carried.

Members' Bills

First Reading

Employment (Amendment) Bill 1997

Medical Registration (Transitional Provisions) Bill 1997

The Hong Kong Institute of Housing Bill

Immigration (Amendment) (No. 2) 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

Employment (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.

Medical Registration (Transitional Provisions) Bill 1997

Mrs Selina CHOW 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 Hong Kong Institute of Housing Bill

Mr Edward HO 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.

Immigration (Amendment) (No. 2) Bill 1997

Miss CHAN Yuen-han 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.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 26 February 1997.

Adjourned accordingly at twelve minutes pass eight o’clock.
(Andrew WONG)
President
Council Chamber
Hong Kong

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