Subsidiary Legislation	L.N. NO.
1. Child Care Centres (Amendment) Regulation 1997	272/97
2. Fugitive Offenders (Indonesia) Order	273/97
3. Fugitive Offenders (Drugs) Order	274/97
4. Prison (Amendment) Rules 1997	275/97
5. Plant Varieties Protection Regulation	279/97
6. Banking Ordinance (Declaration Under Section 2(14)(d)) Notice	280/97
7. Occupational Safety and Health Ordinance (39 of 1997) (Commencement) Notice 1997	281/97
8. Enduring Powers of Attorney (Registration) Rules	282/97
9. Supreme Court Fees (Amendment) Rules 1997	283/97
10. Rules of the Supreme Court (Amendment) (No.2) Rules 1997	284/97

Sessional Papers 1996-97

No.100	-	Report by the Commissioner of Correctional Services on the Administration of the Prisoners' Welfare Fund for the year ended 31 March 1996
No.101	-	Regional Council Revised Estimates of Expenditure 1996/97
No.102	-	Urban Council Schedule of revisions to the 1996/97 Estimates approved by the Urban Council during the fourth quarter of the 1996/97 financial year

Announcement

The President announced that, after Mr Albert CHAN had delivered his speech on Mr SZETO Wah's motion on "1989 pro-democracy movement 4 June incident" at the last sitting, he had undertaken to announce, at this sitting, whether it was appropriate for Mr Albert CHAN to use the phrase " " in his speech.

The President stated that according to the Xiandai Hanyu Cidian, " " meant "base and disgusting" and thus rendered the term insulting. If the term was used in this Council to refer to Members' moral integrity, it should be regarded as unparliamentary.

The President went on to say that at a subsequent meeting he had had with Mr CHAN, Mr CHAN had clarified that he was not referring to the moral integrity of the Legislative Council Members who were also members of the Hong Kong Association for Democracy and People's Livelihood when he used the term. Instead, he was talking about the way in which the application for erecting the "Pillar for Those Who Died for the Country" was handled. The President therefore considered that it was acceptable then for Mr CHAN to use the term.

The President further emphasized that the term " " itself was insulting and should be avoided in the Council even if it was not used to refer to the moral integrity of any of the Members. In case there was any direct use of the term " " against Members in future, he would regard it as unparliamentary.

Questions

1. Mr Michael HO asked Question 1.

The Secretary for Health and Welfare replied.

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

2. Mr YUM Sin-ling asked Question 2.

The Secretary for Health and Welfare replied.

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

3. Mrs Elizabeth WONG asked Question 3.

The Secretary for the Civil Service replied.

A Member asked one supplementary and the Secretary for the Civil Service replied.

4. Mr David CHU asked Question 4.

The Secretary for Housing replied.

Four Members asked supplementaries and the Secretary for Housing replied.

5. Mr FUNG Kin-kee asked Question 5.

The Secretary for Housing replied.

Two Members asked supplementaries and the Secretary for Housing replied.

Written replies to Questions 6 to 19 were tabled for Members information.

Government Motions

Companies Ordinance

The Secretary for Financial Services moved the following motion and addressed the Council:

That the Companies (Winding-up) (Amendment) (No.2) Rules 1997, made by the Acting Chief Justice on 5 May 1997, be approved.

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Judicial Service Commission (Special Provisions) Bill 1997

Civil Aviation (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

Judicial Service Commission (Special Provisions) Bill 1997

The Chief Secretary 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.

Civil Aviation (Amendment) Bill 1997

The Secretary for Economic Services 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.

Government Rent (Assessment and Collection) Bill

Resumption of debate on Second Reading which had been moved on 18 December 1996.

Two Members spoke on the motion.

The Secretary for Planning, Environment and Lands replied.

Question on Second Reading put and agreed to.

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

Patents Bill

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

Committee Stage

The Council went into Committee and considered the following Bills:

Government Rent (Assessment and Collection) Bill

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

The Secretary for Planning, Environment and Lands moved amendments to clauses 1, 2, 4, 6 to 11, 13, 15, 16, 18, 19, 23 to 26, 29 to 35, 38, 40, 41, 43, 44, 46, 47 and 48 and addressed the Committee.

Question on the amendments proposed.

Two Members spoke on the motion.

Question on the amendments put and agreed to.

Question that clauses 1, 2, 4, 6 to 11, 13, 15, 16, 18, 19, 23 to 26, 29 to 35, 38, 40, 41, 43, 44, 46, 47 and 48, as amended, stand part of the Bill put and agreed to.

Question on clauses 3, 5, 12, 14, 17, 20, 21, 22, 27, 28, 37, 39, 42 and 45 put and agreed to.

Mr Albert CHAN moved amendments to clause 36 and addressed the Committee.

The Chairman proposed that the amendments to clause 36 proposed separately by Mr Albert CHAN and the Secretary for Planning, Environment and Lands be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the proposed amendments be debated together in a joint debate.

The Chairman invited the Secretary for Planning, Environment and Lands to speak on Mr Albert CHAN's motion as well as his own amendment. He added, however, that the Secretary for Planning, Environment and Lands might not move his proposed amendment unless Mr Albert CHAN's amendment was not agreed.

The Secretary for Planning, Environment and Lands spoke on the motion as well as his own amendment.

Question on the amendments to clause 36 moved by Mr Albert CHAN put and agreed to.

The Chairman stated that the Secretary for Planning, Environment and Lands might not move his amendment to clause 36 since his proposed amendment was inconsistent with the decision already taken.

New clauses 38A, heading before new clause 49 and new clause 49, heading before new clause 50 and new clause 50, new clauses 51 to 54, heading before new clause 55 and new clause 55, heading before new clause 56 and new clause 56, heading before new clause 57 and new clause 57, new clauses 58 and 59, heading before new clause 60 and new clause 60, and heading before new clause 61 and new clause 61 read the first time.

The Secretary for Planning, Environment and Lands moved the Second Reading of new clauses 38A, heading before new clause 49 and new clause 49, heading before new clause 50 and new clause 50, new clauses 51 to 54, heading before new clause 55 and new clause 55, heading before new clause 56 and new clause 56, heading before new clause 57 and new clause 57, new clauses 58 and 59, heading before new clause 60 and new clause 60, and heading before new clause 61 and new clause 61 and addressed the Committee.

Question on the Second Reading of new clauses 38A, heading before new clause 49 and new clause 49, heading before new clause 50 and new clause 50, new clauses 51 to 54, heading before new clause 55 and new clause 55, heading before new clause 56 and new clause 56, heading before new clause 57 and new clause 57, new clauses 58 and 59, heading before new clause 60 and new clause 60, and heading before new clause 61 and new clause 61 proposed, put and agreed to.

The Secretary for Planning, Environment and Lands moved the addition of New clauses 38A, heading before new clause 49 and new clause 49, heading before new clause 50 and new clause 50, new clauses 51 to 54, heading before new clause 55 and new clause 55, heading before new clause 56 and new clause 56, heading before new clause 57 and new clause 57, new clauses 58 and 59, heading before new clause 60 and new clause 60, and heading before new clause 61 and new clause 61 to the Bill. Question on the addition proposed, put and agreed to.

Patents Bill

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

Question on clauses 1, 3, 4, 6, 7, 9, 10, 11, 13, 14, 17, 18, 20, 21, 25 to 28, 30 to 36, 38 to 42, 44, 45, 47 to 50, 53, 54, 55, 57 to 60, 63 to 72, 76 to 80, 83 to 90, 92, 93, 95 to 103, 105, 107, 108, 111, 112, 114, 116, 118, 120 to 124, 126, 127, 129, 131, 133 to 139, 141, 142, 143, 145 to 155 and 159 to 162 put and agreed to.

The Secretary for Trade and Industry moved amendments to clauses 2, 5, 8, 12, 15, 16, 19, 22, 23, 24, 29, 37, 43, 46, 51, 52, 56, 61, 62, 73, 74, 75, 81, 82, 84, 91, 94, 104, 106, 109, 110, 113, 115, 117, 119, 125, 128, 130, 132, 140, 144, 156, 157 and 158 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 2, 5, 8, 12, 15, 16, 19, 22, 23, 24, 29, 37, 43, 46, 51, 52, 56, 61, 62, 73, 74, 75, 81, 82, 84, 91, 94, 104, 106, 109, 110, 113, 115, 117, 119, 125, 128, 130, 132, 140, 144, 156, 157 and 158, as amended, stand part of the Bill put and agreed to.

New clause 124A read the first time.

The Secretary for Trade and Industry moved the Second Reading of new clause 124A and addressed the Committee. Question on the Second Reading of new clause 124A proposed, put and agreed to.

New clause 124A read the second time.

The Secretary for Trade and Industry moved the addition of new clause 124A to the Bill. Question on the addition proposed, put and agreed to.

The Secretary for Trade and Industry moved amendments to schedules 1 and 2 and addressed the Committee.

Question on the amendments put and agreed to.

Question that schedules 1 and 2, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Planning, Environment and Lands reported that

the Government Rent (Assessment and Collection) Bill

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 Trade and Industry reported that

the Patents Bill

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.

Members' Motions

Suppressing property prices

Miss CHAN Yuen-han moved the following motion and addressed the Council:

That this Council urges the Government to take further effective measures to suppress property prices, lest speculative activities cause property prices to soar beyond the affordability of the public; moreover, in order that the public will not be affected by various property speculation tactics, the Government should increase the transparency of the information on property, so as to help potential buyers to make informed decisions; furthermore, the Government should expeditiously implement the following recommendations:

publishing annually the volume of land supply earmarked for the construction of housing in the next five years;
publishing annually the information relating to the supply of housing, so as to apprise the public of the types, locations and number of units under construction; and
ensuring the availability of a one-year land reserve to cater for the sudden increase in the demand for housing.

Question on Miss CHAN Yuen-han's motion proposed. The President stated that Mr LEE Wing-tat had given notice to move 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.

At 5:13 pm, the President's Deputy took the chair during the temporary absence of the President.

Mr LEE Wing-tat moved the following amendment to Miss CHAN Yuen-han's motion and addressed the Council:

To delete "and" after "units under construction;" in (b); to insert "setting up a "Land and Housing Development Fund" for the provision of infrastructure on vacant land in order to increase land supply and land reserve, thereby" before "ensuring the availability of", to insert "at least" before "a one-year" in (c); and to add "; and (d) levying a tax for the short-term resale of residential units not for self-occupation, so as to curb speculative activities" after "demand for housing".

Question on Mr LEE Wing-tat's amendment to Miss CHAN Yuen-han's motion proposed.

Nine Members spoke on the motion and the amendment.

At 6:17 pm, the President's Deputy suspended the sitting.

The Council resumed at 6:22 pm.

Another three Members spoke on the motion and the amendment.

At 6:40 pm, the President resumed the chair.

A further Member spoke on the motion and the amendment.

Miss CHAN Yuen-han spoke on the amendment.

The Secretary for Housing spoke on the motion and the amendment.

Question on Mr LEE Wing-tat's amendment to Miss CHAN Yuen-han's motion put.

Mr Ronald ARCULLI 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 20 votes against it. (Voting record in Appendix I.) He declared that Mr LEE Wing-tat's amendment to Miss CHAN Yuen-han's motion was agreed.

Miss CHAN Yuen-han replied.

Question on Miss CHAN Yuen-han's motion as amended by Mr LEE Wing-tat 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 27 votes for the amended motion and 19 votes against it. (Voting record in Appendix II.) He declared that Miss CHAN Yuen-han's motion as amended by Mr LEE Wing-tat was carried.

Final Report of the Review on Trade Effluent Surcharge

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

That, as the Final Report of the Review on Trade Effluent Surcharge (TES) has failed to provide an objective and comprehensive review on the TES charging scheme, this Council urges the Director of Audit to immediately conduct a 'value for money' audit on the operation of the entire TES charging scheme, with a view to examining the cost-effectiveness of the scheme and assessing whether public money has been wasted; furthermore, this Council also urges the Hong Kong Government to undertake to freeze the TES rate at the existing level before the completion of the above audit to be conducted by the Director of Audit, and to adopt measures promptly to rectify any unfairness in the current appeal system, so that trades and industries need not bear more unnecessary burdens and transfer the additional costs thus incurred onto the public, hence adversely affecting people's livelihood.

Question on the motion proposed.

Two Members spoke on the motion.

At 7:55 pm, the President's Deputy took the chair during the temporary absence of the President.

Another five Members spoke on the motion.

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

Two further Members and the Secretary for Planning, Environment and Lands spoke on the motion.

Mr James TIEN replied.

Question on the motion put and agreed to.

Members' Bills

Second Reading

The Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997

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.

Mass Transit Railway Corporation (Amendment) Bill 1996

Before proceeding to the debates of the Bill and the Kowloon-Canton Railway Corporation (Amendment) Bill 1996 next following, the President stated that Mr SIN Chung-kai had not produced the Chinese texts of the two Bills in accordance with section 4(1) of the Official Languages Ordinance. He therefore directed that if either or both of the two Bills received their Second Reading, he would order that further proceedings on the two Bills be deferred to a later sitting, so as to allow time for Mr SIN Chung-kai to produce the Chinese texts of the two Bills, in the form of Committee stage amendments, for consideration by the Committee of the whole Council at a later sitting.

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

In reply to a point of order raised by Mrs Miriam LAU, the President stated that he had considered whether he should propose to this Council that a joint debate be held for the Second Reading of the two Bills and concluded that such an arrangement would be inappropriate. He went on to say that a joint debate had indeed been held on 15 January 1997 when this Council debated on the Second Reading of the Housing (Amendment) Bill 1996 and Housing (Amendment) (No.2) Bill 1996 proposed respectively by Mr LEE Wing-tat and Mr Bruce LIU. The reason was that the two Bills proposed amendments of the same nature to the same Ordinance, i.e. the Bills contained different recommendations as regards the composition of the Housing Authority. Hence, the holding of a joint debate on the Second Reading of the two Bills would be conducive to an efficient conduct of business.

The President further explained that although Mr SIN's two Bills were of the same nature, i.e. seeking this Council's agreement to the setting up of a mechanism to scrutinize the fares imposed by the two transport institutions, the institutions involved were totally different and so were the Ordinances and Bills concerned. If the two debates were combined for the sole purpose of saving time, it would cause confusion to the debate to be held on the two Bills as it was possible that individual Members might vote for one but against the other. Moreover, handling two debates in such a manner might lead to queries about the legislative procedure of the Council.

12 Members and the Secretary for Transport spoke on the motion.

Mr SIN Chung-kai replied.

A further Member and the Secretary for Transport spoke on the motion.

Question on Second Reading put.

Mr TSANG Kin-shing and 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 20 votes for the motion and 35 votes against it. (Voting record in Appendix III.) He declared that the motion that the Bill be read the second time was negatived and stated that no further proceedings would be taken on the Bill.

Kowloon-Canton Railway Corporation (Amendment) Bill 1996

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

Two Members and the Secretary for Transport spoke on the motion.

Mr SIN Chung-kai replied.

Question on Second Reading put.

Mr TSANG Kin-shing and Mr Fred LI claimed a division. The President then ordered the Council to divide under Standing Order No.36(4).

The President announced that there were 20 votes for the motion and 34 votes against it. (Voting record in Appendix IV.) He declared that the motion that the Bill be read the second time was negatived and stated that no further proceedings would be taken on the Bill.

Landscape Architects Registration Bill

Resumption of debate on Second Reading which had been moved on 20 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:

The Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997

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

Question on clauses 1 to 4 and 6 to 12 put and agreed to.

Mr Paul CHENG moved amendments to clause 5 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

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

New clause 5A read the first time.

Mr Paul CHENG moved the Second Reading of new clause 5A and addressed the Committee. Question on the Second Reading of new clause 5A proposed, put and agreed to.

New clause 5A read the second time.

Mr Paul CHENG moved the addition of new clause 5A to the Bill.

Question on the addition proposed, put and agreed to.

Landscape Architects Registration Bill

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

Question on clauses 1 to 5, 7, 9, 10, 12 to 20, 22, 24, 25, 31 and 32 put and agreed to.

Mr Edward HO moved amendments to clauses 6, 8, 11, 21, 23 and 26 to 30 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that Clauses 6, 8, 11, 21, 23 and 26 to 30, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

Mr Paul CHENG reported that

The Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997

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.

Mr Edward HO reported that

the Landscape Architects Registration Bill

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.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 4 June 1997.

Adjourned accordingly at five minutes to twelve oclock.

(Andrew WONG)
President

Council Chamber
Hong Kong

Last Updated on {{PUBLISH AUTO[[DATE("d mmm,yyyy")]]}}

THE LEGISLATIVE COUNCIL

MINUTES No. 33 of 1996-97 Minutes of the sitting held on Wednesday 28 May 1997 at 2:30 pm

Papers

Sessional Papers 1996-97

Announcement

Questions

Government Motions

Companies Ordinance

Government Bills

First Reading

Judicial Service Commission (Special Provisions) Bill 1997

Civil Aviation (Amendment) Bill 1997

Second Reading

Judicial Service Commission (Special Provisions) Bill 1997

Civil Aviation (Amendment) Bill 1997

Government Rent (Assessment and Collection) Bill

Patents Bill

Committee Stage

Government Rent (Assessment and Collection) Bill

Patents Bill

Third Reading

Members' Motions

Suppressing property prices

Final Report of the Review on Trade Effluent Surcharge

Members' Bills

Second Reading

The Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997

Mass Transit Railway Corporation (Amendment) Bill 1996

Kowloon-Canton Railway Corporation (Amendment) Bill 1996

Landscape Architects Registration Bill

Committee Stage

The Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997

Landscape Architects Registration Bill

Third Reading

Next sitting

MINUTES No. 33 of 1996-97
Minutes of the sitting held on Wednesday 28 May 1997 at 2:30 pm