Council meeting (Minutes) 7 Jun 97

Provisional Legislative Council

PLC Paper No. CB(3) 542

Minutes of the meeting held on Wednesday
7 January 1998 at 2:30 pm

Members present:

President
The Hon Mrs Rita FAN, JP
The Hon WONG Siu-yee
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon Edward HO Sing-tin, JP
Dr Hon Raymond HO Chung-tai, JP
The Hon NG Leung-sing
Prof Hon NG Ching-fai
The Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
The Hon LEE Kai-ming
The Hon Allen LEE, JP
The Hon Mrs Elsie TU, GBM
The Hon Mrs Selina CHOW, JP
The Hon Mrs Peggy LAM, JP
The Hon Henry WU
The Hon NGAI Shiu-kit, JP
The Hon Henry TANG Ying-yen, JP
The Hon Ronald ARCULLI, JP
The Hon YUEN Mo
The Hon MA Fung-kwok
The Hon CHEUNG Hon-chung
Dr Hon Mrs TSO WONG Man-yin
The Hon LEUNG Chun-ying, JP
Dr Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon HUI Yin-fat, JP
The Hon CHAN Choi-hi
The Hon CHAN Yuen-han
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
The Hon TSANG Yok-sing
The Hon CHENG Kai-nam
The Hon Frederick FUNG Kin-kee
The Hon Andrew WONG Wang-fat, JP
Dr Hon Philip WONG Yu-hong
The Hon Kennedy WONG Ying-ho
The Hon Howard YOUNG, JP
Dr Hon Charles YEUNG Chun-kam
The Hon YEUNG Yiu-chung
The Hon IP Kwok-him
The Hon CHIM Pui-chung
The Hon Bruce LIU Sing-lee
The Hon LAU Kong-wah
The Hon LAU Wong-fat, JP
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon CHOY Kan-pui, JP
The Hon Paul CHENG Ming-fun, JP
The Hon CHENG Yiu-tong
Dr Hon TANG Siu-tong, JP
The Hon Timothy FOK Tsun-ting
The Hon KAN Fook-yee
The Hon NGAN Kam-chuen
The Hon LO Suk-ching
Dr Hon LAW Cheung-kwok
The Hon TAM Yiu-chung, JP

Members absent:

The Hon MOK Ying-fan
The Hon CHOY So-yuk

Public officers attending:

Mr Michael SUEN Ming-yeung, JP: The Chief Secretary for Administration
The Honourable Donald TSANG Yam-kuen, JP: The Financial Secretary
The Honourable Elsie LEUNG Oi-sie, JP: The Secretary for Justice
Mr Nicholas NG Wing-fui, JP: Secretary for Transport
Mrs Katherine FOK LO Shiu-ching, JP: Secretary for Health and Welfare
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
Miss Denise YUE Chung-yee, JP: Secretary for Trade and Industry
Mr LAM Woon-kwong, JP: Secretary for the Civil Service
Mr Stephen IP Shu-kwan, JP: Secretary for Economic Services
Mr LEUNG Chin-man, JP: Secretary for Housing
Mr LAU Lai-chiu, JP: Secretary for Planning, Environment and Lands

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, JP,: Secretary General
Mrs Justina LAM CHENG Bo-ling,: Assistant Secretary General (2)
Mr Ray CHAN Yum-mou,: Assistant Secretary General (3)

Papers

The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure:

Subsidiary Legislation	L.N. No.
1. Legislative Council (Subscribers and Election Deposit for Nomination) Regulation	603/97
2. Distribution of Number of Members Among Designated Bodies (Election Committee) (Legislative Council) Order 1997	604/97
3. Maximum Scale of Election Expenses (Legislative Council) Order 1997	605/97
4. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.6) Order 1997	616/97
5. Banking Ordinance (Declaration under Section 2(14)(d))(No.3) Notice 1997	617/97
6. Occupational Safety and Health Regulation (L.N.332 of 1997) (Commencement) Notice 1997	618/97
7. Buildings (Amendment) Ordinance 1996 (54 of 1996) (Commencement) (No.5) Notice 1997	619/97
8. Building (Administration) (Amendment) (No.4)Regulation 1997 (L.N.514 of 1997) (Commencement) Notice 1997	620/97
9. Building (Demolition Works) (Amendment) Regulation 1997 (L.N.515 of 1997) (Commencement) Notice 1997	621/97
10. Aviation Security Regulation	622/97
11. Hospital Authority Ordinance (Amendment of Schedule 1) Order 1997	623/97
12. Places for Post-Mortem Examination (Amendment) (No.3) Order 1997	624/97
13. Prisons (Amendment) (No.3) Order 1997	625/97
14. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.7) Order 1997	626/97
15. Admission and Registration (Amendment) Rules 1997	627/97
16. Continuing Professional Development Rules	628/97
17. Sex Discrimination (Investigation and Conciliation) (Amendment) Rules 1997	629/97
18. Disability Discrimination (Investigation and Conciliation) (Amendment) Rules 1997	630/97
19. Declaration of Change of Title (Advisory Council on the Environment) Notice 1997	631/97
20. Import and Export (General) Regulations (Amendment of Schedules) (No.2) Order 1997 (L.N.529 of 1997) (Commencement) Notice 1997	632/97
21. Long-term Prison Sentences Review Regulation (L.N.607 of 1997) (Commencement) Notice 1997	633/97
22. Resolution of the Provisional Legislative Council (L.N.610 of 1997) (Commencement) Notice 1997	634/97

Questions

Question permitted by the President under Rule 24(4) of the Rules of Procedure

Prof NG Ching-fai asked a question concerning the Government's action to eradicate the Influenza A virus H5N1 by slaughtering chickens and burying the carcasses at landfills.

The Secretary for Planning, Environment and Lands replied.

10 Members asked supplementaries. The Secretary for Planning, Environment and Lands, the Chief Secretary for Administration, and the Secretary for Health and Welfare replied.

1. Mr CHAN Wing-chan asked Question 1.

The Secretary for Education and Manpower replied.

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

2. Mr Kennedy WONG asked Question 2.

The Financial Secretary replied.

Five Members asked supplementaries and the Financial Secretary replied.

3. Mr WONG Siu-yee asked Question 3.

The Secretary for Security replied.

Five Members asked supplementaries and the Secretary for Security replied.

4. Mr YEUNG Yiu-chung asked Question 4.

The Secretary for the Civil Service replied.

Four Members asked supplementaries. The Secretary for the Civil Service and the Secretary for Education and Manpower replied.

5. Dr TANG Siu-tong asked Question 5, under Rule 26(6) of the Rules of Procedure, on behalf of Ms CHOY So-yuk who was absent.

The Secretary for the Civil Service replied.

Three Members asked supplementaries and the Secretary for the Civil Service replied.

6. Mr Allen LEE asked Question 6.

The Secretary for Trade and Industry replied.

Four Members asked supplementaries and the Secretary for Trade and Industry replied.

Written replies to Questions 7 to 20 were tabled for Members information.

Bills

First Reading

Housing (Amendment) (No.3) Bill 1997

The Bill was read the first time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.

The President suspended the meeting at 4:25 pm.

The Council resumed at 4:33 pm.

Second Reading

Housing (Amendment) (No.3) Bill 1997

The Secretary for Housing moved the Second Reading and addressed the Council.

Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.

Motions

Hong Kong Court of Final Appeal Ordinance

The Chief Secretary for Administration moved the following motion and addressed the Council:

That the appointment of -

Lord Nicholls of Birkenhead; and
Lord Hoffman,

as judges of the Hong Kong Court of Final Appeal from other common law jurisdictions pursuant to section 9 of the Hong Kong Court of Final Appeal Ordinance be endorsed.

Question on the motion proposed, put and agreed to.

Kowloon-Canton Railway Corporation Ordinance

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

That the Kowloon-Canton Railway Corporation (Amendment) Bylaw 1997, made by the Kowloon-Canton Railway Corporation on 4 August 1997, be approved.

Question on the motion proposed, put and agreed to.

Kowloon-Canton Railway Corporation Ordinance

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

That the North-west Railway (Amendment) Bylaw 1997, made by the Kowloon-Canton Railway Corporation on 4 August 1997, be approved.

Question on the motion proposed, put and agreed to.

Mass Transit Railway Corporation Ordinance

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

That the Mass Transit Railway (Amendment) Bylaw 1997, made by the Mass Transit Railway Corporation on 29 July 1997, be approved.

Question on the motion proposed, put and agreed to.

Airport Authority Ordinance and Interpretation and General Clauses Ordinance

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

That the Airport Authority Bylaw, made by the Airport Authority on 22 November 1997, be approved subject to the following amendments -

by deleting section 22(a) and substituting -
"(a) stop, park or use any vehicle (including an electric vehicle and a trailer, but excluding a vehicle used for transport by a disabled person) in any part of the PTB and the GTC which is not a road, parking area or other area designated for use by vehicles; or";
in section 48(1)(a), by deleting " " and substituting " ";
in section 56 -
1. in subsection (2)(d), by deleting "a driver as provided in section 43 of the Ordinance and/or";
2. in subsection (4), by deleting "and (d)";
in Schedule 1, by deleting "Light good vehicle" and substituting "Light goods vehicle";
in section 7 of Part V of Schedule 2 -
1. in paragraph (a), by deleting ", 23(2) and 24(2)" and substituting "and 23(2)";
2. in paragraph (b), by deleting "24(3)" and substituting "24(2) and (3)".

Question on the motion proposed.

Two Members spoke on the motion.

Question on the motion put and agreed to.

Members' Motions

Interpretation and General Clauses Ordinance

Dr C H LEONG moved the following motion and addressed the Council:

That in relation to the -

Merchant Shipping (Prevention and Control of Pollution) (Charges for Discharge of Polluting Waste) (Amendment) Regulation 1997, published as Legal Notice No.569 of 1997;
Waste Disposal (Permits and Licences) (Forms and Fees) (Amendment) Regulation 1997, published as Legal Notice No.570 of 1997;
Waste Disposal (Chemical Waste) (General) (Amendment) Regulation 1997, published as Legal Notice No.571 of 1997;
Water Pollution Control (General) (Amendment) Regulation 1997, published as Legal Notice No.572 of 1997;
Employment Agency (Amendment) Regulation 1997, published as Legal Notice No.576 of 1997;
Air Pollution Control (Specified Processes) (Amendment) Regulation 1997, published as Legal Notice No.577 of 1997;
Air Pollution Control (Open Burning) (Amendment) Regulation 1997, published as Legal Notice No.578 of 1997;
Air Pollution Control (Asbestos) (Administration) (Amendment) Regulation 1997, published as Legal Notice No.579 of 1997;
Ozone Layer Protection (Fees) (Amendment) Regulation 1997, published as Legal Notice No.580 of 1997;
Noise Control (General) (Amendment) Regulation 1997, published as Legal Notice No.581 of 1997;
Noise Control (Air Compressors) (Amendment) Regulation 1997, published as Legal Notice No.582 of 1997;
Noise Control (Hand Held Percussive Breakers) (Amendment) Regulation 1997, published as Legal Notice No.583 of 1997;
Dumping at Sea (Fees) (Amendment) Regulation 1997, published as Legal Notice No.584 of 1997; and
Road Traffic Ordinance (Amendment of Schedule 10) Order 1997, published as Legal Notice No.585 of 1997,

and laid on the table of the Provisional Legislative Council on 10 December 1997, 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 meeting of 14 January 1998.

Question on the motion proposed, put and agreed to.

Improving the Home Ownership Scheme

Mr CHENG Kai-nam moved the following motion and addressed the Council:

That, as the Tenants Purchase Scheme has been launched, this Council urges the Government to modify and improve the Home Ownership Scheme (HOS) by adopting the following measures:

allow HOS flat owners, on selling their flats in the secondary HOS flats market, to purchase second-hand HOS flats for their own use;
increase the ratio of white-form applicants for allocation of HOS flats;
set aside a certain portion of the proceeds from the sale of HOS flats for the setting up of a maintenance fund for these flats; and
request the Housing Authority to bear responsibility for the 'problem HOS flats' caused by faulty construction works or insufficient monitoring.

Question on Mr CHENG Kai-nam's motion proposed. The President stated that Mr K K FUNG had given notice to move an amendment to the motion. She 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.

Mr K K FUNG moved the following amendment to Mr CHENG Kai-nam's motion and addressed the Council:

To delete "set aside" and substitute with "inject"; to delete "for the setting up of a" and substitute with "into the existing"; to delete "and" from "maintenance fund for these flats; and"; and to add "; and (e) refer to the pricing arrangement of the Tenants Purchase Scheme in providing buyers of HOS flats with the option of purchasing these flats at 30% to 70% of their market prices, in order to accommodate the different financial circumstances of these buyers" after "insufficient monitoring".

Question on Mr K K FUNG's amendment to Mr CHENG Kai-nam's motion proposed.

A Member spoke on the motion and the amendment.

At 5:27 pm, the President's Deputy took the chair during the temporary absence of the President.

Another 12 Members spoke on the motion and the amendment.

At 6:37 pm, the President resumed the chair.

Mr CHENG Kai-nam spoke on the amendment.

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

Question on Mr K K FUNG's amendment to Mr CHENG Kai-nam's motion put and negatived.

Mr CHENG Kai-nam replied.

Question on Mr CHENG Kai-nam's motion put and agreed to.

Medical insurance for teachers in all government-funded schools in the territory

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

That this Council urges the Government of the Hong Kong Special Administrative Region to take out medical insurance policies for teachers in all government-funded schools in the territory so as to reduce the disparity in fringe benefits between teachers in government schools and those in government-funded schools.

Question on the motion proposed.

10 Members and the Secretary for Education and Manpower spoke on the motion.

Mr YEUNG Yiu-chung replied.

Question on the motion put and agreed to.

Next meeting

The President declared that the next meeting of the Council would be held on 14 January 1998 at 2:30 pm.

The Council was adjourned at 7:55 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong