LegCo Paper No. CB(3) 937/96-97
THE LEGISLATIVE COUNCIL
MINUTES
No. 29 of 1996-97
Minutes of the sitting held on Wednesday 30 April 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 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 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 Eric LI Ka-cheung, OBE, JP
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 Howard YOUNG, JP
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 Paul CHENG Ming-fun
Dr the Honourable Anthony CHEUNG Bing-leung
The Honourable CHEUNG Hon-chung
The Honourable CHOY Kan-pui, JP
The Honourable Albert HO Chun-yan
The Honourable IP Kwok-him
The Honourable LAU Chin-shek
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
Members absent:
Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
The Honourable Albert CHAN Wai-yip
The Honourable LEE Wing-tat
The Honourable Fred LI Wah-ming
The Honourable CHENG Yiu-tong
The Honourable David CHU Yu-lin
The Honourable Ambrose LAU Hon-chuen, JP
The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP
The Honourable Lawrence YUM Sin-ling
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 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 Stephen IP Shu-kwan, JP
- Secretary for Economic Services
- Mrs Stella HUNG KWOK Wai-ching, JP
- Secretary for Home Affairs
- Mr Keith KWOK Ka-keung, JP
- Secretary for Works
- Mr Kevin HO Chi-ming, JP
- Secretary for the Treasury
- Mrs Carrie YAU TSANG Ka-lai, JP
- Secretary for Security
- Mr Patrick LAU Lai-chiu, JP
- Secretary for Planning, Environment and Lands
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung
- Secretary General
- Mr LAW Kam-sang
- Deputy 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. Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 1997 | 172/97
|
| 2. Road Traffic (Public Service Vehicles) (Amendment) (No.6) Regulation 1997 | 173/97
|
| 3. Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 1997 | 174/97
|
| 4. Specification of Public Office | 175/97
|
| 5. Legal Aid (Amendment) Ordinance 1997 (8 of 1997) (Commencement) Notice 1997 | 176/97
|
| 6. Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 1997 (L.N.85 of 1997) (Commencement) Notice 1997 | 177/97
|
| 7. Administration of Justice (Miscellaneous Provisions) (No.2) Ordinance 1997 (14 of 1997) (Commencement) Notice 1997 | 178/97
|
| 8. Fugitive Offenders Ordinance (23 of 1997) (Commencement) Notice 1997 | 179/97
|
| 9. Fire Services Department (Reports and Certificates) (Amendment) (No.2) Regulation 1997 (L.N.95 of 1997) (Commencement) Notice 1997 | 180/97
|
| 10. Import and Export (Registration) (Amendment) Regulation 1995 (L.N.544 of 1995) (Commencement) Notice 1997 | 181/97
|
| 11. Import and Export (Registration) (Amendment) Regulation 1997 (L.N.142 of 1997)(Commencement) Notice 1997 | 182/97
|
| 12. Road Traffic (Driving Licences) (Amendment) (No.2) Regulation 1997 | 183/97
|
Sessional Papers 1996-97
| No.94- | Hong Kong Monetary Authority Annual Report 1996 |
Questions
1. Mr LEE Cheuk-yan asked Question 1.
The Secretary for Education and Manpower replied.
Six Members asked supplementaries and the Secretary for Education and Manpower replied.
2. Mr CHOY Kan-pui asked Question 2.
The Secretary for Planning, Environment and Lands replied.
Four Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
3. Mr LEUNG Yiu-chung asked Question 3.
The Secretary for Housing replied.
Six Members asked supplementaries and the Secretary for Housing replied.
4. Miss Emily LAU asked Question 4.
The Secretary for Planning, Environment and Lands and the Secretary for Enconomic Services replied.
Four Members asked supplementaries and the Secretary for Planning, Environment and Lands and the Secretary for Enconomic Services replied.
5. Mr Howard YOUNG asked Question 5.
The Secretary for Security replied.
Five Members asked supplementaries and the Secretary for Security replied.
6. Mr HO Chun-yan asked Question 6.
The Attorney General replied.
Six Members asked supplementaries and the Attorney General replied.
Written replies to Question 7 to 20 were tabled for Members' information
Government Bills
First Reading
Trustee (Amendment) Bill 1997
Child Abduction and Custody Bill
The Open Learning Institute of Hong Kong (Amendment) Bill 1997
Factories and Industrial Undertakings (Amendment) Bill 1997
New Territories Land Exchange Entitlements (Redemption) (Amendment) Bill 1997
Inland Revenue (Amendment) Bill 1997 Inland Revenue (Amendment) (No.2) Bill 1997
Stamp Duty (Amendment) Bill 1997
Estate Duty (Amendment) Bill 1997
Dutiable Commodities (Amendment) Bill 1997
Traffic Accident Victims (Assistance Fund) (Amendment) Bill 1997
Merchant Shipping (Liability and Compensation for Oil Pollution) (Amendment) Bill 1997
Marriage and Children (Miscellaneous Amendments) 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
Trustee (Amendment) Bill 1997
The Attorney General 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.
Child Abduction and Custody Bill
The Secretary for Health and Welfare 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 Open Learning Institute of Hong Kong (Amendment) Bill 1997
Factories and Industrial Undertakings (Amendment) Bill 1997
The Secretary for Education and Manpower 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.
New Territories Land Exchange Entitlements (Redemption) (Amendment) Bill 1997
The Secretary for Planning, Environment and Lands 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.
Inland Revenue (Amendment) Bill 1997
Inland Revenue (Amendment) (No.2) Bill 1997
The Secretary for the Treasury moved the Second Reading and addressed the Council on each of the above two Bills which were related to the 1997-98 Budget.
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.
At 4:35 pm, the President's Deputy took the chair during the temporary absence of the President.
Stamp Duty (Amendment) Bill 1997
Estate Duty (Amendment) Bill 1997
Dutiable Commodities (Amendment) Bill 1997
Traffic Accident Victims (Assistance Fund) (Amendment) Bill 1997
The Secretary for the Treasury moved the Second Reading and addressed the Council on each of the above four Bills which were related to the 1997-98 Budget.
Question on the Second Reading proposed. The President's Deputy stated that in accordance with Standing Orders, the debates on the above Bills were adjourned and the Bills were referred to the House Committee.
Merchant Shipping (Liability and Compensation for Oil Pollution) (Amendment) Bill 1997
The Secretary for Economic Services moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President's Deputy stated that in accordance with Standing Orders, the debate was adjourned and the Bill was referred to the House Committee.
Marriage and Children (Miscellaneous Amendments) Bill 1997
The Secretary for Home Affairs moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President's Deputy stated that in accordance with Standing Orders, the debate was adjourned and the Bill was referred to the House Committee.
At 4:49 pm, the President resumed the chair.
Members' Motions
Vetting of applications from residents in the Mainland for settlement in Hong Kong
Mr LAW Chi-kwong moved the following motion and addressed the Council:
That, in view of the emergence of a large number of split families under the existing mechanism for vetting applications from residents in the Mainland for settlement in Hong Kong and as the Government has not been able to effectively regulate the immigration volume to complement the needs of Hong Kong and formulate corresponding social policies, this Council urges the future Special Administrative Region Government to actively strive for the authority to vet and approve applications from residents in the Mainland for settlement in Hong Kong and to establish a points system, according priority vetting to applications on grounds of family reunion.
Question on Mr LAW Chi-kwong's motion proposed. The President stated that Mr CHEUNG Hon-chung had given notice to move an amendment to the motion and that Mr Bruce LIU had also given notice to move an amendment to Mr CHEUNG Hon-chung's proposed amendment. He proposed that the motion, the amendment and the amendment to the amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the amendments be debated together in a joint debate.
Mr CHEUNG Hon-chung moved the following amendment to Mr LAW Chi-kwong's motion and addressed the Council:
To delete "in view of the emergence of a large number of split families" and substitute with "as a large number of children of Hong Kong permanent residents, who were born in the Mainland and according to the Basic Law have the right of abode in the Hong Kong Special Administrative Region, are entering the territory illegally before obtaining proper authorization"; to delete "and as the Government has not been able to effectively regulate the immigration volume to complement the needs of Hong Kong and formulate corresponding social policies"; to delete "future Special Administrative Region Government to actively strive for the authority to vet and approve applications from residents in the Mainland for settlement in Hong Kong and to establish a points system, according priority vetting to applications on grounds of family reunion" and substitute with "Government to expeditiously strengthen liaison and the exchange of information with relevant departments in the Mainland, and to establish the number of such children on the waiting list, so as to formulate policies to arrange for their entry into Hong Kong by batches and according to a prescribed schedule, and to repatriate those children who are staying illegally in the territory, reinforce the interception of illegal immigrants and impose heavy penalties on "smugglers of illegal immigrants" to combat illegal immigration".
Question on Mr CHEUNG Hon-chung's amendment to Mr LAW Chi-kwong's motion proposed.
Mr Bruce LIU moved the following amendment to Mr CHEUNG Hon-chung's proposed amendment and addressed the Council:
To delete "such" and substitute with "Mainland", to add "born to Hong Kong residents" after "children", to add "of applications to settle in the territory" after "on the waiting list", to add "including the establishment of a points system according priority on grounds of family reunion," after "so as to formulate policies", to delete ", and to repatriate those children who are staying illegally in the territory,", to add "; this Council also urges the Government of the future Special Administrative Region to strive for participation in the process of vetting applications from residents in the Mainland for settlement in Hong Kong, so as to enhance cooperation with relevant departments in the Mainland, and to" and to add "in accordance with the law" before "to combat illegal immigration".
Question on Mr Bruce LIU's amendment to Mr CHEUNG Hon-chung's amendment proposed.
Eight Members spoke on the motion and the amendments.
The President invited Mr CHEUNG Hon-chung to speak for the second time on Mr Bruce LIU's amendment.
Mr LAW Chi-kwong spoke on the amendments.
The Secretary for Security spoke on the motion and the amendments.
Question on Mr Bruce LIU's amendment to Mr CHEUNG Hon-chung's amendment put.
Mr Bruce LIU, Mr FUNG Kin-kee and Mr CHAN Kam-lam 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 amendment and 20 votes against it. (Voting record in Appendix I.) The President stated that he had previously exercised his casting vote in accordance with Speaker DENISON's decision in 1867. He then exercised his casting vote in the negative and declared that Mr Bruce LIU's amendment to Mr CHEUNG Hon-chung's amendment was negatived.
Question on Mr CHEUNG Hon-chung's amendment to Mr LAW Chi-kwong'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 21 votes for the amendment and 20 votes against it. (Voting record in Appendix II.) He declared that Mr CHEUNG Hon-chung's amendment to Mr LAW Chi-kwongs motion was carried.
Mr LAW Chi-kwong replied.
Question on Mr LAW Chi-kwong's motion as amended by Mr CHEUNG Hon-chung put.
Mr CHAN Kam-lam 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 amended motion and 21 votes against it. (Voting record in Appendix III.) He declared that Mr LAW Chi-kwong's motion as amended by Mr CHEUNG Hon-chung was negatived.
Services for mental patients
Dr HUANG Chen-ya moved the following motion and addressed the Council:
That this Council urges the Government to allocate more resources, improve the process of service delivery and strengthen the interface of the services for mental patients, so as to provide them with sustained and comprehensive treatment, aftercare and rehabilitation services and to help them re-integrate into the community.
Question on Dr HUANG Chen-ya's motion proposed. The President stated that Miss CHAN Yuen-han 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.
At 7:00 pm, the President's Deputy took the chair during the temporary absence of the President.
Miss CHAN Yuen-han moved the following amendment to Dr HUANG Chen-ya's motion and addressed the Council:
To add ", as the serious shortage of proper aftercare support for mental patients and ex-mental patients, coupled with the long-standing neglect of the needs of their families, have given rise to numerous problems in the rehabilitation of mental patients in the community," after "That"; to delete ", improve the process of service delivery and strengthen the interface of the services for mental patients, so as to provide them with" and substitute with "for the provision of"; to add "as well as community-based rehabilitation services for mental patients and ex-mental patients;" after "comprehensive treatment" and to delete "aftercare and rehabilitation services and to help them re-integrate" and substitute with "furthermore, the Government should develop supporting services for their families, so as to enable ex-mental patients to better integrate".
Question on Miss CHAN Yuen-han's amendment to Dr HUANG Chen-ya's motion proposed.
Two Members spoke on the motion and the amendment.
At 7:22 pm, the President resumed the chair.
Another six Members spoke on the motion and the amendment.
Dr HUANG Chen-ya spoke on the amendment.
Four further Members spoke on the motion and the amendment.
The Secretary for Health and Welfare spoke on the motion and the amendment.
Question on Miss CHAN Yuen-han's amendment to Dr HUANG Chen-ya's motion put. The President stated that he thought the amendment had been negatived.
Mr CHAN Kam-lam claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).
The President announced that there were 7 votes for the amendment and 19 votes against it. (Voting record in Appendix IV.) He declared that Miss CHAN Yuen-han's amendment to Dr HUANG Chen-ya's motion was negatived.
Dr HUANG Chen-ya replied.
Question on Dr HUANG Chen-ya's original motion put and agreed to.
Members' Bills
First Reading
Hong Kong Bill of Rights (Amendment) Bill 1997
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
Hong Kong Bill of Rights (Amendment) Bill 1997
Mr LAU Chin-shek 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
Resumption of debate on Second Reading which had been moved on 19 February 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 Hong Kong Institute of Housing Bill.
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1 to 5, 8, 11 and 12 put and agreed to.
Mr Edward HO moved amendments to clauses 6, 7, 9 and 10 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 6, 7, 9 and 10, as amended, stand part of the Bill put and agreed to.
The Council then resumed.
Third Reading
Mr Edward HO reported that
The Hong Kong Institute of Housing 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 7 May 1997.
Adjourned accordingly at thirteen minutes to nine oclock.
(Andrew WONG)
President
Council Chamber
Hong Kong
