LegCo Paper No. CB(3) 282/96-97

THE LEGISLATIVE COUNCIL
MINUTES
No. 10 of 1996-97

Minutes of the sitting held on Wednesday 27 November 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
    Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), 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 Eric LI Ka-cheung, OBE, JP
    The Honourable Fred LI Wah-ming
    The Honourable Henry TANG Ying-yen, JP
    Dr the Honourable Samuel WONG Ping-wai, MBE, FEng, JP
    Dr the Honourable Philip WONG Yu-hong
    Dr the Honourable YEUNG Sum
    The Honourable Howard YOUNG, JP
    The Honourable Zachary WONG Wai-yin
    The Honourable James TIEN Pei-chun, OBE, JP
    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 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 Lawrence YUM Sin-ling

Members absent:

    The Honourable Martin LEE Chu-ming, QC, JP
    The Honourable James TO Kun-sun
    The Honourable Christine LOH Kung-wai
    The Honourable LEE Cheuk-yan
    The Honourable Andrew CHENG Kar-foo
    The Honourable Bruce LIU Sing-lee
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP

Public officers attending:

Mr Rafael HUI Si-yan, 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 Nicholas NG Wing-fui, JP
Secretary for Constitutional Affairs
Mr Dominic WONG Shing-wah, OBE, JP
Secretary for Housing
Mr Rafael HUI Si-yan, JP
Secretary for Financial Services
Mr Joseph WONG Wing-ping, JP
Secretary for Education and Manpower
Mr Peter LAI Hing-ling, JP
Secretary for Security
Mr TAM Wing-pong, JP
Secretary for Trade and Industry

Clerks in attendance:

Mr Ricky FUNG Choi-cheung
Secretary General
Mrs Justina LAM CHENG Bo-ling
Assistant Secretary General (2)

Papers

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

Subsidiary Legislation

L.N. NO.

1. Import and Export (Fees) (Amendment) (No.2) Regulation 1996

484/96

2. Television (Royalty and Licence Fees) (Amendment) Regulation 1996

485/96

3. Marine Parks (Designation) (No.2) Order

486/96

4. Designation of Libraries (Urban Council Area) (No.3) Order 1996

487/96

5. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.7) Order 1996

488/96

6. Food Business (Urban Council) (Amendment) (No.3) Bylaw 1996

489/96

7. Rabies (Amendment) Regulation 1996 (L.N.401 of 1996) (Commencement) Notice 1996

490/96

8. Hong Kong Letters Patent 1917 to 1995 Authorization by the Governor

*491/96

9. Official Languages (Authentic Chinese Text) (Quarantine and Prevention of Disease Ordinance) Order

(C) 122/96

Miscellaneous

Fourteenth Periodic Report in respect of Hong Kong under the International Convention on the Elimination of All Forms of Racial Discrimination

Address

The Secretary for Broadcasting, Culture and Sport addressed the Council on the Television (Royalty and Licence Fees) (Amendment) Regulation 1996 which was laid on the table of the Council at the sitting on 27 November 1996.

Questions

1. Mr Fred LI asked Question 1.

The Secretary for Housing replied.

Nine Members asked supplementaries and the Secretary for Housing and the Secretary for Financial Services replied.

2. Dr LAW Cheung-kwok asked Question 2.

The Secretary for Security replied.

Four Members asked supplementaries and the Secretary for Security replied.

3. Dr HUANG Chen-ya asked Question 3.

The Secretary for Home Affairs replied.

Six Members asked supplementaries and the Secretary for Home Affairs replied.

4. Mr WONG Wai-yin asked Question 4.

The Secretary for Transport replied.

Three Members asked supplementaries and the Secretary for Transport replied.

5. Mr CHEUNG Hon-chung asked Question 5.

The Attorney General replied.

Five Members asked supplementaries and the Attorney General replied.

Written replies to Questions 6 to 20 were tabled for Members’ information.

Government Motions

Interpretation and General Clauses Ordinance

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

That the Post-Release Supervision of Prisoners Regulation, published as Legal Notice No. 446 of 1996 and laid on the table of the Legislative Council on 30 October 1996, be amended in Schedule 1 -

(a) in item 4 -

(i) by adding -

"section 61 threats to destroy or damage property

section 62 possessing anything with intent to destroy or damage property

section 118E buggery with a defective

section 118F homosexual buggery committed otherwise than in private";

(ii) by repealing -

"section 148 indecent exposure in public";

(b) in item 6, by adding -

"section 26 exposing a child whereby its life is endangered".

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Television (Amendment) Bill 1996

Post-Release Supervision of Prisoners (Amendment) Bill 1996

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

Television (Amendment) Bill 1996

The Secretary for Broadcasting, Culture and Sport 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.

Post-Release Supervision of Prisoners (Amendment) Bill 1996

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.

Securities and Futures Commission (Amendment) (No.2) Bill 1996

Resumption of debate on Second Reading which had been moved on 6 November 1996.

Question on Second Reading put and agreed to.

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

Employees' Compensation (Amendment) (No.2) Bill 1996

Resumption of debate on Second Reading which had been moved on 10 July 1996.

Three Members spoke on the motion.

The Secretary for Education and Manpower replied.

Question on Second Reading put and agreed to.

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

Protection of Wages on Insolvency (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 6 November 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:

Securities and Futures Commission (Amendment) (No.2) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

Employees' Compensation (Amendment) (No.2) Bill 1996

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

Question on clauses 1 to 4, 6, 7 and 8 put and agreed to.

The Secretary for Education and Manpower moved amendments to clauses 5 and 9 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 5 and 9, as amended, stand part of the Bill put and agreed to.

Protection of Wages on Insolvency (Amendment) Bill 1996

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

Question on clauses 1 to 5 put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Financial Services reported that

the Securities and Futures Commission (Amendment) (No.2)

Bill 1996

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 Education and Manpower reported that

the Employees' Compensation (Amendment) (No.2) Bill 1996

had passed through Committee with amendments and

the Protection of Wages on Insolvency (Amendment) Bill 1996

had passed through Committee without amendment. He 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

Policy on people’s livelihood for new Hong Kong after 1997

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

That, as the Chief Executive is not elected through universal franchise, the Chief Executive candidates need not respond to the general public's aspirations concerning their livelihood and fail to formulate a comprehensive policy on people's livelihood for new Hong Kong after 1997, this Council expresses its deepest regrets.

Question on the motion proposed.

Eight Members spoke on the motion.

At 6:00 pm, the President's Deputy took the chair during the temporary absence of the President.

Another three Members spoke on the motion.

At 6:23 pm, the President resumed the chair.

Seven further Members and the Secretary for Constitutional Affairs spoke on the motion.

Mr Fred LI replied.

Question on the 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 19 votes for the motion and 23 votes against it. (Voting record in the Appendix.) He declared that the motion was negatived.

Members' Bills

First Reading

Travel Agents (Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules)(Amendment) Bill 1996

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

Travel Agents (Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) Rules)(Amendment) Bill 1996

Mr Fred LI 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 4 December 1996.

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

(Andrew WONG)
President
Council Chamber
Hong Kong

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