Subsidiary Legislation	L.N. NO.
1. Medical Laboratory Technologists (Registration and Disciplinary Procedure) (Amendment) (No.2) Regulation 1996	435/96
2. Occupational Therapists (Registration and Disciplinary Procedure) (Amendment) (No.2) Regulation 1996	436/96
3. Physiotherapists (Registration and Disciplinary Procedure) Regulation	437/96
4. Securities and Futures Commission (Levy) (Futures Contracts) (Amendment) Order 1996	438/96
5. Schedule of Routes (North Lantau and Chek Lap Kok Airport) (Citybus Limited) Order 1996	439/96
6. Schedule of Routes (Long Win Holdings Limited) Order 1996	440/96
7. Prevention of Bribery Ordinance (Amendment of Schedule) Order 1996	441/96
8. Dutiable Commodities (Amendment) Regulation 1996	444/96
9. Land Registration (Amendment) (No.2) Regulation 1996	445/96
10. Post-release Supervision of Prisoners Regulation	446/96
11. Tax Reserve Certificates (Fourth Series) (Amendment) Rules 1996	447/96
12. Hawker (Permitted Place) (No.3) Declaration 1996	448/96
13. Drug Trafficking (Recovery of Proceeds) (Amendment) Ordinance 1995 (89 of 1995) (Commencement) Notice 1996	449/96
14. Food and Drugs (Composition and Labelling) (Amendment) Regulation 1996 (L.N.80 of 1996) (Commencement) Notice 1996	450/96
15. Official Languages (Authentic Chinese Text) (Hong Kong Red Cross Ordinance) Order	(C) 106/96

Sessional Papers 1996-97

No. 22 - Revised list of works annexed to the Regional Council's Revised Estimates of Revenue and Expenditure for 1996/97

No. 23 - The Audited Statements of Accounts of the Regional Council for the financial year ending 31 March 1996 and the Director of Audit's Report

No. 24 - Regional Council Annual Report 1995-96

No. 25 - Hong Kong Tourist Association Annual Report 1995/96

No. 26 - Open Learning Institute of Hong Kong Annual Report 1995-1996

Addresses

The Secretary for Economic Services presented the "Hong Kong Tourist Association Annual Report 1995/96" and addressed the Council.

The Secretary for Education and Manpower presented the "Open Learning Institute of Hong Kong Annual Report 1995-1996" and addressed the Council.

Mr WONG Wai-yin and Mrs Miriam LAU addressed the Council on the Tate's Cairn Tunnel Ordinance (Amendment of Schedule) Notice 1996 which was laid on the table of the Council at the sitting on 23 October 1996.

Questions

1. Mr LO Suk-ching asked Question 1.

The Secretary for Security replied.

Three Members asked supplementaries and the Secretary for Security replied.

2. Dr Samuel WONG asked Question 2.

The Secretary for Planning, Environment and Lands replied.

Five Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.

3. Mr David CHU asked Question 3.

The Secretary for Security replied.

4. Mr CHEUNG Hon-chung asked Question 4.

The Attorney General replied.

Five Members asked supplementaries and the Attorney General replied.

5. Mr James TIEN asked Question 5.

The Secretary for Home Affairs replied.

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

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

Government Motions

Public Finance Ordinance

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

That with effect from 1 November 1996 -

this Council approves the establishment of a special suspense account to be known as the Water Supplies Department Suspense Account ("the Account");
the Account shall be employed in relation to the purchase and holding of materials for the Water Supplies Department;
the Account shall be administered by the Financial Secretary who may delegate his power of administration to other public officers;
subject to paragraph (e), the Director of Accounting Services and any public officer duly authorized in writing by him may pay from public moneys such sums as may be necessary for the purchase of materials for the Water Supplies Department and debit the payments into the Account;
total payments made under paragraph (d) shall not exceed in respect of any period specified by the Financial Secretary such sums as he may determine;
the Account shall not at any time be in debt to an amount exceeding $100,000,000 or such lesser sum as the Financial Secretary may determine.

Question on the motion proposed, put and agreed to.

Interpretation and General Clauses Ordinance

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

That in relation to the Rabies (Amendment) Regulation 1996, published as Legal Notice No.401 of 1996 and laid on the table of the Legislative Council on 2 October 1996, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance for amending subsidiary legislation be extended under section 34(4) of that Ordinance until the sitting of 6 November 1996.

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Tsing Ma Control Area Bill

Whaling Industry (Regulation) Bill

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

Tsing Ma Control Area Bill

The Secretary for Transport 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.

Whaling Industry (Regulation) Bill

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.

Members' Motions

Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI moved the following motion and addressed the Council:

That in relation to -

the Dutiable Commodities (Liquor) (Amendment) Regulation 1996, published as Legal Notice No.329 of 1996; and
the Professional Accountants (Amendment) Ordinance 1995 (85 of 1995) (Commencement) Notice 1996, published as Legal Notice No.364 of 1996,

which were laid on the table of the Legislative Council on 2 October 1996, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the sitting of 6 November 1996.

Question on the motion proposed, put and agreed to.

Rate of pay adjustment

Mr LEUNG Yiu-chung moved the following motion and addressed the Council:

That this Council considers the proposal made recently by some employers' associations, that the rate of pay increase for employees should not be higher than 6% next year, to be grossly unreasonable, as the proposed rate is far from being adequate to enable employees to enjoy the reward that they deserve for their labour; and recommends that, to ensure real improvement to the livelihood of employees, pay adjustments should be determined on the basis of the average rates of inflation and economic growth over the past few years and that, for the long term, Government should establish a collective bargaining system whereby employees can negotiate pay adjustments rates with their employers on an equal footing under the protection of law.

Question on Mr LEUNG Yiu-chung's motion proposed. The President stated that Mr Michael HO and Miss CHAN Yuen-han had separately given notices to move amendments to the motion. He proposed that the motion and the two proposed amendments be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the two proposed amendments be debated together in a joint debate.

Mr Michael HO and Miss CHAN Yuen-han addressed the Council on the motion and their proposed amendments respectively.

A Member spoke on the motion and the amendments.

At 4:20 pm, the Presidents Deputy took the chair during the temporary absence of the President.

Another seven Members spoke on the motion and the amendments.

At 5:04 pm, the President resumed the chair.

Six further Members spoke on the motion and the amendments.

Mr LEUNG Yiu-chung spoke on the amendments.

The Secretary for Education and Manpower spoke on the motion and the amendments.

Mr Michael HO moved the following amendment to Mr LEUNG Yiu-chung's motion:

To delete "considers the" and substitute with "reproves some employers' associations for their"; to delete "by some employers' associations,"; to delete "to be grossly unreasonable, as the proposed rate is far from being adequate to enable employees to enjoy the reward that they deserve for their labour;" and substitute with "as this is obviously an act interfering with the labour market mechanism"; to delete ", to ensure real improvement to the livelihood of employees, pay adjustments should be determined on the basis of the average rates of inflation and economic growth over the past few years" and substitute with "Government should immediately abolish the policy to import labour to ensure that wage levels can actually reflect the supply and demand in the labour market"; to delete "that" before ", for the long term" and substitute with "should"; and to delete "Government should" after "for the long term,".

Question on Mr Michael HO's amendment to Mr LEUNG Yiu-chung's motion proposed and 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 amendment and 29 votes against it. (Voting record in Appendix I.) He declared that Mr Michael HO's amendment to Mr LEUNG Yiu-chung's motion was negatived.

Miss CHAN Yuen-han moved the following amendment to Mr LEUNG Yiu-chung's motion:

To delete "the proposal made recently by some employers' associations, that the rate of pay increase for employees should not be higher than 6% next year, to be grossly unreasonable, as the proposed rate is far from being adequate to enable employees to enjoy the reward that they deserve for their labour; and recommends"; to delete "basis of the average" and substitute with "prevailing"; to delete "over the past few years"; to insert "Government should expeditiously review the existing provisions in the Trade Boards Ordinance to ensure their effectiveness and," after "and that,"; and to delete "Government" before "should establish a collective bargaining system".

Question on Miss CHAN Yuen-han's amendment to Mr LEUNG Yiu-chung's motion proposed and put. The President stated that he thought the amendment had been negatived.

Miss CHAN Yuen-han claimed a division. The President then ordered the Council to divide under Standing Order No.36(4).

The President announced that there were 13 votes for the amendment and 16 votes against it. (Voting record in Appendix II.) He declared that Miss CHAN Yuen-han's amendment to Mr LEUNG Yiu-chung's motion was negatived.

Mr LEUNG Yiu-chung replied.

Question on Mr LEUNG Yiu-chung's original motion put. The President stated that he thought the motion had been negatived.

Mr LEUNG Yiu-chung claimed a division. The President then ordered the Council to divide under Standing Order No.36(4).

The President announced that there were 14 votes for the motion and 16 votes against it. (Voting record in Appendix III.) He declared that Mr LEUNG Yiu-chung's original motion was negatived.

Review of the operation of trading funds

Mr CHAN Kam-lam moved the following motion and addressed the Council:

That this Council urges the Government to expeditiously conduct an overall review of the operation and cost-effectiveness of the six existing trading funds, and to stop setting up any new one before the completion of the review.

Question on Mr CHAN Kam-lam's motion proposed. The President stated that Dr CHEUNG Bing-leung 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.

Dr CHEUNG Bing-leung moved the following amendment to Mr CHAN Kam-lam's motion and addressed the Council:

To insert ", so as to ensure that consumers can benefit from better services and lower charges as a result of improvements to the cost-effectiveness of each of the funds" before ", and to stop setting up".

Question on Dr CHEUNG Bing-leung's amendment to Mr CHAN Kam-lam's motion proposed.

11 Members spoke on the motion and the amendment.

Mr CHAN Kam-lam spoke on the amendment.

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

Question on Dr CHEUNG Bing-leung's amendment to Mr CHAN Kam-lam's motion put. The President stated that he thought the amendment had been negatived.

Dr CHEUNG Bing-leung claimed a division. The President then ordered the Council to divide under Standing Order No.36(4).

The President announced that there were 19 votes for the amendment and 20 votes against it. (Voting record in Appendix IV.) He declared that Dr CHEUNG Bing-leung's amendment to Mr CHAN Kam-lam's motion was negatived.

Question on Mr CHAN Kam-lam's original motion put and agreed to.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 6 November 1996.

Adjourned accordingly at ten minutes past eight oclock.

(Andrew WONG)
President
Council Chamber
Hong Kong

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

THE LEGISLATIVE COUNCIL

MINUTES No. 5 of 1996-97 Minutes of the sitting held on Wednesday 30 October 1996 at 2:30 pm

Papers

Sessional Papers 1996-97

Addresses

Questions

Government Motions

Public Finance Ordinance

Interpretation and General Clauses Ordinance

Government Bills

First Reading

Second Reading

Members' Motions

Interpretation and General Clauses Ordinance

Rate of pay adjustment

Review of the operation of trading funds

Next sitting

MINUTES
No. 5 of 1996-97
Minutes of the sitting held on Wednesday 30 October 1996 at 2:30 pm