LegCo Paper No. CB(3) 677/96-97

THE LEGISLATIVE COUNCIL

MINUTES No. 20 of 1996-97
Minutes of the sitting held on Wednesday 26 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 Martin LEE Chu-ming, QC, JP
    The Honourable SZETO Wah
    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 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 Philip WONG Yu-hong
    Dr the Honourable YEUNG Sum
    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 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
    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 Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP
    The Honourable Lawrence YUM Sin-ling
Members absent:
    Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
    The Honourable NGAI Shiu-kit, OBE, JP
    The Honourable LAU Wong-fat, OBE, JP
    The Honourable Frederick FUNG Kin-kee
    The Honourable Howard YOUNG, JP
    The Honourable Paul CHENG Ming-fun
    Dr the Honourable LAW Cheung-kwok
    The Honourable MOK Ying-fan
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 Michael SUEN Ming-yeung, CBE, JP
    Secretary for Home Affairs
    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
    Miss Denise YUE Chung-yee, JP
    Secretary for Trade and Industry
    Mr Paul LEUNG Sai-wah, JP
    Secretary for Transport
Clerks in attendance:
    Mr Ricky FUNG Choi-cheung
    Secretary General
    Mrs Justina LAM CHENG Bo-ling
    Assistant Secretary General (2)
    Mr Ray CHAN Yum-mou
    Assistant Secretary General (3)



Before proceeding to the afternoon's business, the Council observed one minute's silence in memory of Mr DENG Xiaoping.

Papers

The following papers were laid on the table pursuant to Standing Order No. 14(2):

Subsidiary LegislationL.N. NO.
1. Specification of Public Office67/97
2. Motor Vehicles (First Registration Tax)
(Amendment) Ordinance 1997 (11 of 1997)
(Commencement) Notice 1997
68/97

Sessional Papers 1996-97

No.68 -Trustee's Report on the Administration of the Education Scholarships Fund and the Audited Statement of Accounts together with the Director of Audit's Report for the year ended 31 August 1996
No.69 -Occupational Deafness Compensation Board Annual Report 1995/96
No.70 -The Legislative Council Commission Annual Report 1995-1996

Questions

1. Mr David CHU asked Question 1.

    The Secretary for Health and Welfare replied.

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

2. Mr CHENG Yiu-tong asked Question 2.

    The Secretary for Education and Manpower replied.

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

3. Miss CHAN Yuen-han asked Question 3.

    The Secretary for Housing replied.

    Eight Members asked supplementaries and the Secretary for Housing replied.

4. Question 4 was withdrawn.

5. Mr WONG Wai-yin asked Question 5.

    The Secretary for Transport replied.

    Seven Members asked supplementaries and the Secretary for Transport replied.

    Written replies to Questions 6 to 17 were tabled for Members’ information.

Government Motions

Public Bus Services Ordinance

The Secretary for Transport moved the following motion and addressed the Council:

That the franchise conferring the right on Citybus Limited to operate a public bus service on the routes specified in the Schedule of Routes (North Lantau and Chek Lap Kok Airport) (Citybus Limited) Order 1996 (L.N. 439 of 1996) and in any subsequent order made by the Governor in Council shall not, for the entire period of the franchise, be subject to sections 27, 28, 29 and 31 in Part V of the Public Bus Services Ordinance.

Question on the motion proposed, put and agreed to.

Public Bus Services Ordinance

The Secretary for Transport moved the following motion and addressed the Council:

That the franchise conferring the right on Long Win Holdings Limited to operate a public bus service on the routes specified in the Schedule of Routes (Long Win Holdings Limited) Order 1996 (L.N. 440 of 1996) and in any subsequent order made by the Governor in Council shall not, for the entire period of the franchise, be subject to sections 27, 28, 29 and 31 in Part V of the Public Bus Services Ordinance.

Question on the motion proposed, put and agreed to.

Public Bus Services Ordinance

The Secretary for Transport moved the following motion and addressed the Council:

That the franchise conferring the right on New Lantao Bus Company (1973) Limited to operate a public bus service on the routes specified in the Schedule of Routes (New Lantao Bus Company) Order 1996 (L.N. 259 of 1996) and in any subsequent order made by the Governor in Council shall not, for the entire period of the franchise, be subject to sections 27, 28, 29 and 31 in Part V of the Public Bus Services Ordinance.

Question on the motion proposed, put and agreed to.

Factories and Industrial Undertakings Ordinance

In the absence of the Secretary for Education and Manpower, the President called upon the Attorney General to move the following motion on his behalf:

That the Factories and Industrial Undertakings (Asbestos) Regulation, made by the Commissioner for Labour on 21 January 1997, be approved.

The Secretary for Education and Manpower spoke on the motion.

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Copyright Bill

The Bill was read the first time and ordered to be set down for Second Reading pursuant to Standing Order No. 41(3).

Second Reading

Copyright Bill

The Secretary for Trade and Industry 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.

Administration of Justice (Miscellaneous Provisions) Bill 1997

Resumption of debate on Second Reading which had been moved on 22 January 1997.

Question on Second Reading put and agreed to.

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

Consumer Goods Safety (Amendment) (No.2) Bill 1996

Resumption of debate on Second Reading which had been moved on 24 April 1996.

Two Members spoke on the motion.

The Secretary for Trade and Industry replied.

Question on Second Reading put and agreed to.

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

Toys and Children's Products Safety (Amendment) (No.2) Bill 1996

Resumption of debate on Second Reading which had been moved on 24 April 1996.

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:

Administration of Justice (Miscellaneous Provisions) Bill 1997

Question that the following clauses and schedule stand part of the Bill proposed.

Question on clauses 1 to 9 put and agreed to.

Question on schedule put and agreed to.

Consumer Goods Safety (Amendment) (No.2) Bill 1996

Question that the following clauses stand part of the Bill proposed.

Question on clauses 1 to 7 put and agreed to.

Toys and Children's Products Safety (Amendment) (No.2) Bill 1996

Question that the following clauses stand part of the Bill proposed.

Question on clauses 1 to 12 put and agreed to.

The Council then resumed.

Third Reading

The Attorney General reported that

the Administration of Justice (Miscellaneous Provisions) Bill 1997

had passed through Committee without amendment. 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 Trade and Industry reported that

the Consumer Goods Safety (Amendment) (No.2) Bill 1996 and the Toys and Children's Products Safety (Amendment) (No.2) Bill 1996

had passed through Committee without amendment. She moved that these two Bills be read the third time and do pass.

Question on the Third Reading of the two Bills proposed, put and agreed to.

Bills read the third time and passed.

Members' Motions

Matters relating to the Hong Kong elderly living in Guangdong

Mr CHAN Wing-chan moved the following motion and addressed the Council:

That, while welcoming the Government's decision to provide standard Comprehensive Social Security Assistance (CSSA) and supplement to the elderly CSSA recipients who live in Guangdong province, this Council urges the Government to set up a working group to conduct a comprehensive study of matters relating to the Hong Kong elderly living in Guangdong, including the provision of medical service for them, their housing needs in the mainland and the problem of residence on their return to Hong Kong.

Question on the motion proposed.

A Member spoke on the motion.

At 5:12 pm, the President’s Deputy took the chair during the temporary absence of the President.

Another six Members spoke on the motion.

At 5:46 pm, the President resumed the chair.

Five further Members and the Secretary for Health and Welfare spoke on the motion.

Mr CHAN Wing-chan replied.

Question on the motion put and agreed to.

Setting up of a maintenance board

Mr LAW Chi-kwong moved the following motion and addressed the Council:

That, in view of the difficulties encountered by many divorcees and their children in claiming the maintenance payments, this Council urges the Government to set up a maintenance board as an intermediate body, to take up the responsibilities for the collection, recovery, payment and relevant management work of maintenance payments, and to oblige divorcees to fulfill their obligations to support their children.

Question on the motion proposed.

10 Members and the Secretary for Home Affairs spoke on the motion.

Mr LAW Chi-kwong replied.

Question on the motion put and agreed to.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Thursday 27 February 1997.

Adjourned accordingly at four minutes past eight o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong


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