LegCo Paper No. CB(3)1046/96-97
THE LEGISLATIVE COUNCIL
MINUTES No. 32 of 1996-97
Minutes of the sitting held on Wednesday 21 May 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 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 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 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 CHENG Yiu-tong
Dr the Honourable Anthony CHEUNG Bing-leung
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
Members absent:
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
The Honourable NGAI Shiu-kit, OBE, JP
Dr the Honourable Philip WONG Yu-hong
The Honourable James TIEN Pei-chun, OBE, JP
The Honourable Paul CHENG Ming-fun
The Honourable CHEUNG Hon-chung
Public officers attending:
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The Honourable Mrs Anson CHAN, CBE, JP
- The Chief Secretary
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Mr Rafael HUI Si-yan, JP
- The Financial Secretary
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The Honourable Jeremy Fell MATHEWS, CMG, JP
- The Attorney General
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Mr CHAU Tak-hay, CBE, JP
- Secretary for Broadcasting, Culture and Sport
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Mr Gordon SIU Kwing-chue, JP
- Secretary for Transport
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Mr Dominic WONG Shing-wah, OBE, JP
- Secretary for Housing
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Mrs Katherine FOK LO Shiu-ching, OBE, JP
- Secretary for Health and Welfare
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Mr Joseph WONG Wing-ping, JP
- Secretary for Education and Manpower
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Mr Peter LAI Hing-ling, JP
- Secretary for Security
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Mr Bowen LEUNG Po-wing, JP
- Secretary for Planning, Environment and Lands
Clerks in attendance:
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Mr Ricky FUNG Choi-cheung,
- Secretary General
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Mr LAW Kam-sang,
- Deputy Secretary General
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Mrs Justina LAM CHENG Bo-ling,
- Assistant Secretary General (2)
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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):
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Subsidiary Legislation
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L.N. NO. |
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1. Shipping and Port Control (Amendment) Regulation 1997
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228/97 |
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2. Women and Young Persons (Industry) (Amendment) Regulation 1997
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229/97 |
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3. Control of Chemicals (Amendment) Regulation 1997
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230/97 |
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4. Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 1997
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231/97 |
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5. Grant Schools Provident Fund (Amendment) Rules 1997
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232/97 |
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6. Subsidized Schools Provident Fund (Amendment) Rules 1997
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233/97 |
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7. Building (Planning) (Amendment) Regulation 1997
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239/97 |
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8. Building (Construction) (Amendment) Regulation 1997
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240/97 |
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9. Building (Administration) (Amendment) Regulation 1997
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241/97 |
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10. Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) (Amendment) Regulation 1997
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242/97 |
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11. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.3) Regulation 1997
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243/97 |
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12. Tsing Ma Control Area (General) Regulation
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244/97 |
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13. Import and Export (Fees) (Amendment) Regulation 1997
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245/97 |
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14. Import and Export (General) Regulations (Amendment of Schedules) Order 1997
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246/97 |
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15. Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 1997
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247/97 |
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16. Companies (Specification of Names) (Amendment) Order 1997
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248/97 |
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17. Official Languages (Alteration of Text) (Housing Ordinance) Order 1997
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249/97 |
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18. Official Languages (Alteration of Text) (Drug Addicts Treatment and Rehabilitation Ordinance) Order 1997
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250/97 |
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19. Official Languages (Alteration of Text) (Supreme Court Ordinance) Order 1997
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251/97 |
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20. Official Languages (Alteration of Text) (Commodities Trading Ordinance) Order 1997
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252/97 |
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21. Official Languages (Alteration of Text) (Securities Ordinance) Order 1997
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253/97 |
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22. Official Languages (Alteration of Text) (Dutiable Commodities Ordinance) Order 1997
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254/97 |
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23. Official Languages (Alteration of Text Under Section 4D) (No.18) Order 1997
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255/97 |
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24. Official Languages (Alteration of Text Under Section 4D) (No.19) Order 1997
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256/97 |
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25. Official Languages (Alteration of Text Under Section 4D) (No.20) Order 1997
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257/97 |
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26. Official Languages (Alteration of Text Under Section 4D) (No.21) Order 1997
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258/97 |
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27. Rectification of Errors Order 1997
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259/97 |
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28. Places for Autopsies Order
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260/97 |
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29. Coroners Rules
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261/97 |
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30. Coroners (Forms) Rules
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262/97 |
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31. Coroners (Fees) Rules
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263/97 |
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32. Non-Local Higher and Professional Education (Appeal Board) Rules
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264/97 |
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33. Non-Local Higher and Professional Education (Regulation) Rules
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265/97 |
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34. Supreme Court Civil Procedure (Use of Language) Rules
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266/97 |
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35. Tax Reserve Certificates (Rate of Interest) Notice 1997
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267/97 |
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36. Minor Employment Claims Adjudication Board Ordinance (Amendment of Schedule) Notice 1997
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268/97 |
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37. Tsing Ma Control Area Ordinance (2 of 1997) (Commencement) Notice 1997
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269/97 |
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38. Arbitration (Appointment of Arbitrators and Umpires) Rules
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270/97 |
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39. Enduring Powers of Attorney (Prescribed Form) Regulation
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271/97 |
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40. Official Languages (Authentic Chinese Text) (United Kingdom Designs (Protection) Ordinance) Order
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(C)137/97 |
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41. Official Languages (Authentic Chinese Text) (Hop Yat Church of the Church of Christ in China Incorporation Ordinance) Order
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(C)138/97 |
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42. Official Languages (Authentic Chinese Text) (Irish Province of the Order of Franciscans Minor Incorporation Ordinance) Order
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(C)139/97 |
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43. Official Languages (Authentic Chinese Text) (Union Church Incorporation Ordinance) Order
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(C)140/97 |
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44. Official Languages (Authentic Chinese Text) (Trade Marks (Emergency) Ordinance) Order
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(C)141/97 |
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45. Official Languages (Authentic Chinese Text) (Exchanges (Special Levy) Ordinance) Order
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(C)142/97 |
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46. Official Languages (Authentic Chinese Text) (Soeurs De Saint Paul de Chartres Incorporation Ordinance) Order
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(C)143/97 |
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47. Official Languages (Authentic Chinese Text) (Young Men's Christian Association Ordinance) Order
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(C)144/97 |
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48. Official Languages (Authentic Chinese Text) (Zetland Hall Trustees Incorporation Ordinance) Order
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(C)145/97 |
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49. Official Languages (Authentic Chinese Text) (Institute of the Marist Brothers of the Schools Incorporation Ordinance) Order
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(C)146/97 |
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50. Official Languages (Authentic Chinese Text) (Tsimshatsui Baptist Church Incorporation Ordinance) Order
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(C)147/97 |
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51. Official Languages (Authentic Chinese Text) (Tsung Tsin Mission of Hong Kong Incorporation Ordinance) Order
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(C)148/97 |
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52. Official Languages (Authentic Chinese Text) (The Methodist Church, Hong Kong, Incorporation Ordinance) Order
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(C)149/97 |
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53. Official Languages (Authentic Chinese Text) (Essential Services Corps Ordinance) Order
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(C)150/97 |
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54. Official Languages (Authentic Chinese Text) (Telephone Ordinance) Order
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(C)151/97 |
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55. Official Languages (Authentic Chinese Text) (Hong Kong Airport (Regulations) Ordinance) Order
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(C)152/97 |
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56. Official Languages (Authentic Chinese Text) (Crown Proceedings Ordinance) Order
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(C)153/97 |
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57. Official Languages (Authentic Chinese Text) (Drug Addicts Treatment and Rehabilitation Ordinance) Order
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(C)154/97 |
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58. Official Languages (Authentic Chinese Text) (Stock Exchanges Unification Ordinance) Order
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(C)155/97 |
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59. Official Languages (Authentic Chinese Text) (The Spiritual Assembly of the Baha'is of Hong Kong Incorporation Ordinance) Order
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(C)156/97 |
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60. Official Languages (Authentic Chinese Text) (Protection of Investors Ordinance) Order
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(C)157/97 |
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61. Official Languages (Authentic Chinese Text) (Housing Ordinance) Order
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(C)158/97 |
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62. Official Languages (Authentic Chinese Text) (Telecommunication Ordinance) Order
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(C)159/97 |
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63. Official Languages (Authentic Chinese Text) (Medical Registration Ordinance) Order
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(C)160/97 |
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64. Official Languages (Authentic Chinese Text) (Coroners Ordinance) Order
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(C)161/97 |
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65. Official Languages (Authentic Chinese Text) (Securities and Futures Commission (Levy) (Securities) Order) Order
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(C)162/97 |
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66. Official Languages (Authentic Chinese Text) (Dutiable Commodities Ordinance) Order
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(C)163/97 |
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67. Official Languages (Authentic Chinese Text) (Registration of Patents Ordinance) Order
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(C)164/97 |
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68. Official Languages (Authentic Chinese Text) (Town Planning Ordinance) Order
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(C)165/97 |
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69. Official Languages (Authentic Chinese Text) (Merchant Shipping (Liability of Shipowners and Others) (Calculation of Tonnage) (Hong Kong) Order) Order
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(C)166/97 |
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70. Official Languages (Authentic Chinese Text) (Air Transport (Licensing of Air Services) Regulations and Hong Kong Civil Aviation (Investigation of Accidents) Regulations) Order
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(C)167/97 |
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71. Official Languages (Authentic Chinese Text) (Carriage of Goods by Sea (Parties to Convention) Order 1985) Order
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(C)168/97 |
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72. Official Languages (Authentic Chinese Text) (Bishop of Victoria Incorporation Ordinance) Order
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(C)169/97 |
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73. Official Languages (Authentic Chinese Text) (The Chinese University of Hong Kong (Declaration of Shaw College) Ordinance) Order
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(C)170/97 |
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74. Official Languages (Authentic Chinese Text) (Chinese Anglican Church Body Incorporation Ordinance) Order
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(C)171/97 |
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75. Official Languages (Authentic Chinese Text) (The Chinese University of Hong Kong Ordinance) Order
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(C)172/97 |
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76. Official Languages (Authentic Chinese Text) (Securities (Disclosure of Interests) Ordinance) Order
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(C)173/97 |
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77. Official Languages (Authentic Chinese Text) (Trade Marks Ordinance) Order
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(C)174/97 |
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78. Official Languages (Authentic Chinese Text) (Securities Ordinance) Order
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(C)175/97 |
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79. Official Languages (Authentic Chinese Text) (Commodities Trading Ordinance) Order
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(C)176/97 |
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80. Official Languages (Authentic Chinese Text) (Supreme Court Ordinance) Order
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(C)177/97 |
Sessional Papers 1996-97
| No. 99
| -
| Report of the Independent Police Complaints Council 1996 |
Miscellaneous
Technical Memorandum on Noise from Percussive Piling
Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites
Technical Memorandum on Environmental Impact Assessment Process
Address
Dr C H LEONG presented the "Report of the Independent Police Complaints Council 1996" and addressed the Council.
Questions
1. Mr Howard YOUNG asked Question 1.
The Secretary for Security replied.
Three Members asked supplementaries and the Secretary for Security replied.
2. Mr Allen LEE asked Question 2.
The Secretary for Security replied.
Three Members asked supplementaries and the Secretary for Security replied.
3. Dr HUANG Chen-ya asked Question 3.
The Secretary for Planning, Environment and Lands replied.
Eight Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
4. Mr YUM Sin-ling asked Question 4.
The Secretary for Transport replied.
Three Members asked supplementaries and the Secretary for Transport replied.
5. Mr IP Kwok-him asked Question 5.
The Secretary for Health and Welfare replied.
Two Members asked supplementaries and the Secretary for Health and Welfare replied.
6. Mr CHOY Kan-pui asked Question 6.
The Secretary for Housing replied.
Three Members asked supplementaries and the Secretary for Housing replied.
Written replies to Questions 7 to 20 were tabled for Members information.
Government Motions
Television Ordinance
The Secretary for Broadcasting, Culture and Sport moved the following motion and addressed the Council:
That the Television (Advertising) Regulation and the Television (Programmes) Regulation, made by the Governor in Council on 22 April 1997, be approved.
Question on the motion proposed.
A Member spoke on the motion.
Question on the motion put and agreed to.
Government Bills
Second Reading
Justices of the Peace Bill
Resumption of debate on Second Reading which had been moved on 19 March 1997.
A Member spoke on the motion.
The Chief Secretary replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Estate Agents Bill
Resumption of debate on Second Reading which had been moved on 29 November 1995.
Four Members spoke on the motion.
The Secretary for Housing replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Child Abduction and Custody Bill
Resumption of debate on Second Reading which had been moved on 30 April 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
The Open Learning Institute of Hong Kong (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 30 April 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Transfer of Sentenced Persons Bill
Resumption of debate on Second Reading which had been moved on 9 April 1997.
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:
Justices of the Peace Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question on clauses 1 to 4 and 6 to 10 put and agreed to.
The Chief Secretary moved amendments to clause 5 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clause 5, as amended, stand part of the Bill put and agreed to.
Question on schedules 1 and 2 put and agreed to.
The Chief Secretary moved amendments to schedule 3 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedule 3, as amended, stand part of the Bill put and agreed to.
Estate Agents Bill
Question that the following clauses and schedule stand part of the Bill proposed.
Question on clauses 1, 3, 4, 5, 9, 13, 14, 16, 17, 25, 26, 36, 41 to 44, 46, 51, 52, 54 and 58 put and agreed to.
The Secretary for Housing moved amendments to clauses 2, 6, 7, 8, 10, 11, 12, 15, 18 to 24, 27 to 35, 37 to 40, 45, 47 to 50, part heading before clause 53 and clauses 53, 55, 56 and 57 and addressed the Committee.
Two Members spoke on the amendments.
The Secretary for Housing replied.
Question on the amendments put and agreed to.
Question that clauses 2, 6, 7, 8, 10, 11, 12, 15, 18 to 24, 27 to 35, 37 to 40, 45, 47 to 50, part heading before clause 53 and clauses 53, 55, 56 and 57, as amended, stand part of the Bill put and agreed to.
New clauses 53A, 53B, 53C, new part heading before clause 54, heading before new clause 59 and new clause 59 read the first time.
The Secretary for Housing moved the Second Reading of new clauses 53A, 53B, 53C, new part heading before clause 54, heading before new clause 59 and new clause 59 and addressed the Committee. Question on the Second Reading of new clauses 53A, 53B, 53C, new part heading before clause 54, heading before new clause 59 and new clause 59 proposed, put and agreed to.
New clauses 53A, 53B, 53C, new part heading before clause 54, heading before new clause 59 and new clause 59 read the second time.
The Secretary for Housing moved the addition of new clauses 53A, 53B, 53C, new part heading before clause 54, heading before new clause 59 and new clause 59 to the Bill. Question on the addition proposed, put and agreed to.
The Secretary for Housing moved amendments to the schedule and addressed the Committee.
Question on the amendments put and agreed to.
Mr LEE Wing-tat moved further amendments to the schedule and addressed the Committee.
Four Members and the Secretary for Housing spoke on the amendments.
Mr LEE Wing-tat replied.
Question on Mr LEE Wing-tat's amendments put. The Chairman stated that he thought the amendments had been negatived.
Mr LEE Wing-tat and 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 22 votes for the amendments and 19 votes against it. (Voting record in Appendix I.) He declared that the amendments were agreed.
Question that the schedule, as amended, stand part of the Bill put and agreed to.
Child Abduction and Custody Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question that clauses 1 to 14 put and agreed to.
The Secretary for Health and Welfare moved amendments to schedule 1 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedule 1, as amended, stand part of the Bill put and agreed to.
Question on schedule 2 put and agreed to.
The Open Learning Institute of Hong Kong (Amendment) Bill 1997
Question that the following clauses and schedule stand part of the Bill proposed.
Question on clauses 1 to 11 and 13 to 29 put and agreed to.
The Secretary for Education and Manpower moved amendments to clause 12 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clause 12, as amended, stand part of the Bill put and agreed to.
Question on the schedule put and agreed to.
Transfer of Sentenced Persons Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question on clauses 1 to 5 and 7 to 11 put and agreed to.
The Secretary for Security moved amendments to clause 6 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clause 6, as amended, stand part of the Bill put and agreed to.
Question on schedules 1 and 2 put and agreed to.
The Council then resumed.
Third Reading
The Chief Secretary reported that
had passed through Committee with amendments. She 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 Housing reported that
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 Health and Welfare reported that
had passed through Committee with amendments. She 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 Education and Manpower reported that
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 Security reported that
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.
Members' motions
Promotion of building safety
Mr NGAN Kam-chuen moved the following motion and addressed the Council:
That this Council urges the Government to formulate proper measures as soon as possible to tie in with the phased implementation of the 'Building Safety Inspection Scheme' and render concrete support to those owners of private residential premises who are in need of assistance, and to complete the task of inspecting all cantilevered canopies in Hong Kong in the near future and step up its efforts in demolishing unauthorized structures, with a view to raising the standard of building safety in Hong Kong and safeguarding the lives and property of the public.
Question on the motion proposed.
A Member spoke on the motion.
At 5:55 pm, the President's Deputy took the chair during the temporary absence of the President.
Another seven Members and the Secretary for Planning, Environment and Lands spoke on the motion.
At 6:45 pm, the President resumed the chair.
Mr NGAN Kam-chuen replied.
Question on the motion put and agreed to.
1989 pro-democracy movement 4 June incident
Mr SZETO Wah moved the following motion and addressed the Council:
That this Council is of the opinion that the pro-democracy movement 4 June incident in 1989 should be vindicated.
Question on the motion proposed.
23 Members spoke on the motion.
Mr SZETO Wah replied.
Question on the motion put.
Mr SZETO Wah and 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 29 votes for the motion and 1 vote against it. (Voting record in Appendix II.) He declared that the motion was carried.
Next sitting
In accordance with Standing Orders, the President adjourned the Council until Wednesday 28 May 1997.
Adjourned accordingly at twenty-two minutes past nine oclock.
(Andrew WONG)
President
Council Chamber
Hong Kong
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