Council meeting (Minutes) 7 Jun 97

Provisional Legislative Council

PLC Paper No. 55

Ref : PLC/C/3

Minutes of the Meeting of the Provisional Legislative Council held on Saturday 7 June 1997 at 9:30 am

Members present:

President
The Hon Mrs Rita FAN, JP
The Hon WONG Siu-yee
The Hon James TIEN Pei-chun, 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
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
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 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 Wai-chu, Maria
The Hon TAM Yiu-chung, JP

Members absent:

The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon LEUNG Chun-ying, JP
The Hon MOK Ying-fan
The Hon CHENG Kai-nam

Public Officers in attendance:

Mr Michael SUEN Ming-yeung, JP: The Secretary for Policy Co-ordination
Mrs Fanny LAW FAN Chiu-fun, JP: The Director, Chief Executive's Office

Clerk in attendance:

Ms NG Man-wah, Pauline,: Clerk to the Provisional Legislative Council

Papers

Mr CHAN Kam-lam, Chairman of the Bills Committee, presented the report of the Bills Committee on the Urban Council (Amendment) Bill 1997, the Regional Council (Amendment) Bill 1997 and the District Boards (Amendment) Bill 1997 and addressed the Council.
(PLC Paper No. 352/96-97 issued under the cover of PLC Paper No. 362/96-97 on 4 June 1997)

Mr Ronald ARCULLI, Chairman of the Finance Committee, presented the report of the Finance Committee on the examination of the transitional budget for 1997-98 and addressed the Council.
(PLC Paper No. 355/96-97 issued under the cover of PLC Paper No. 366/96-97 on 4 June 1997)

Bills

First Reading

Immigration (Amendment) (No.3) Bill 1997 Hong Kong Court of Final Appeal (Amendment) Bill 1997 Judicial Service Commission (Amendment) Bill 1997

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

Second Reading

Immigration (Amendment) (No.3) Bill 1997
Hong Kong Court of Final Appeal (Amendment) Bill 1997
Judicial Service Commission (Amendment) Bill 1997

The Secretary of Justice moved the Second Reading and addressed the Council on each of the above three Bills.

Questions on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debates on the above Bills were adjourned and the Bills were referred to the House Committee.

Urban Council (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 17 May 1997.

14 Members spoke on the motion.

The Secretary for Policy Co-ordination replied.

Question on Second Reading put and agreed to.

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

Regional Council (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 17 May 1997.

Question on Second Reading put and agreed to.

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

District Boards (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 17 May 1997.

Question on Second Reading put and agreed to.

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

The Legislative Council Commission (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 31 May 1997.

A Member spoke on the motion.

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:

Urban Council (Amendment) Bill 1997

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

Question on clauses 1, 2, 3, 6, 9, 11, 13, 15, 17, 18, 19, 22, 23 and 24 put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 4.

Question on the amendment put and agreed to.

Question that clause 4, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 5.

Question on the amendment put and agreed to.

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

Dr LAW Cheung-kwok moved an amendment to clause 7.

Question on the amendment put. Mr KＫFUNG claimed a division. The Chairman then ordered the Committee to proceed to a division under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were five votes for the amendment and 45 votes against it. (Voting record in Appendix I.) She declared that Dr LAW's amendment to clause 7 was negatived.

Dr CＨ LEONG rose to move the following motion without notice:

That in the event of further divisions being claimed in respect of the motions moved on the Urban Council (Amendment) Bill 1997 at this meeting, Rule 47(4) of the Rules of Procedure be suspended so that the Chairman may order that the Committee do proceed to each of such divisions immediately after the division bell has been rung for one minute.

Question on the Dr C H LEONG 's motion proposed, put and agreed to.

The Chairman suspended the meeting at 11:06 am.

The Committee resumed at 11:15 am.

The Secretary for Policy Co-ordination moved an amendment to clause 7.

Question on the amendment put and agreed to.

Question that clause 7, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 8.

Question on the amendment put and agreed to.

Question that clause 8, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 10.

Question on the amendment put and agreed to.

Question that clause 10, as amended, stand part of the Bill put and agreed to.

Mr CHAN Choi-hi moved an amendment to clause 12.

A Member spoke on the amendment.

Mr CHAN Choi-hi replied.

Question on the amendment put. Mr CHAN Choi-hi claimed a division. The Chairman then ordered the Committee to proceed to a division under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were one vote for the amendment and 50 votes against it. (Voting record in Appendix II.) She declared that Mr CHAN's amendment to clause 12 was negatived.

Question on the original clause 12 standing part of the Bill put and agreed to.

The Chairman stated that in accordance with Rule 57(4) of the Rules of Procedure, Mr CHAN might not move his amendments to clauses 16 and 20, since his proposed amendments were inconsistent with the decision already taken.

The Secretary for Policy Co-ordination moved an amendment to clause 14.

Question on the amendment put and agreed to.

Question that clause 14, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 16.

A Member spoke on the motion.

Question on the amendment put and agreed to.

Question that clause 16, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 20.

Question on the amendment put and agreed to.

Question that clause 20, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 21.

Question on the amendment put and agreed to.

Question that clause 21, as amended, stand part of the Bill put and agreed to.

Regional Council (Amendment) Bill 1997

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

Question on clauses 1, 2, 3, 6, 8, 10, 11, 13, 15, 16, 17, 21, 22, 24 and 25 put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 4.

Question on the amendment put and agreed to.

Question that clause 4, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 5.

Question on the amendment put and agreed to.

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

Dr LAW Cheung-kwok moved an amendment to clause 7.

Question on the amendment put. Mr KＫFUNG claimed a division. The Chairman then ordered the Committee to proceed to a division under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were five votes for the amendment and 42 votes against it. (Voting record in Appendix III.) She declared that Dr LAW's amendment to clause 7 was negatived.

Dr CＨ LEONG rose to move the following motion without notice:

That in the event of further divisions being claimed in respect of the motions moved on the Regional Council (Amendment) Bill 1997 at this meeting, Rule 47(4) of the Rules of Procedure be suspended so that the Chairman may order that the Committee do proceed to each of such divisions immediately after the division bell has been rung for one minute.

Question on the Dr C H LEONG ' s motion proposed, put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 7.

Question on the amendment put and agreed to.

Question that clause 7, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 9.

Question on the amendment put and agreed to.

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

The Secretary for Policy Co-ordination moved an amendment to clause 12.

Question on the amendment put and agreed to.

Question that clause 12, as amended, stand part of the Bill put and agreed to.

Mr CHAN Choi-hi moved an amendment to clause 14.

Question on the amendment put. Mr CHAN Choi-hi claimed a division. The Chairman then ordered the Committee to proceed to a division under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were one vote for the amendment and 49 votes against it. (Voting record in Appendix IV.) She declared that Mr CHAN's amendment to clause 14 was negatived.

Question on the original clause 14 standing part of the Bill put and agreed to.

The Chairman stated that in accordance with Rule 57(4) of the Rules of Procedure, Mr CHAN might not move his amendments to clauses 19 and 20, since his proposed amendments were inconsistent with the decision already taken.

The Secretary for Policy Co-ordination moved an amendment to clause 18.

Question on the amendment put and agreed to.

Question that clause 18, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 19.

Question on the amendment put and agreed to.

Question that clause 19, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 20.

Question on the amendment put and agreed to.

Question that clause 20, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 23.

Question on the amendment put and agreed to.

Question that clause 23, as amended, stand part of the Bill put and agreed to.

District Boards (Amendment) Bill 1997

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

Question on clauses 1, 2, 3, 5, 6, 7, 10, 11, 12, 14, 19 and 21 to 24 put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 4.

Question on the amendment put and agreed to.

Question that clause 4, as amended, stand part of the Bill put and agreed to.

Dr LAW Cheung-kwok moved an amendment to clause 8.

Question on the amendment put. Mr KＫFUNG claimed a division. The Chairman then ordered the Committee to proceed to a division under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were five votes for the amendment and 44 votes against it. (Voting record in Appendix V.) She declared that Dr LAW's amendment to clause 8 was negatived.

The Secretary for Policy Co-ordination moved an amendment to clause 8.

Question on the amendment put and agreed to.

Question that clause 8, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 9.

Question on the amendment put and agreed to.

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

Mr CHAN Choi-hi moved an amendment to clause 13 and addressed the Committee.

Question on the amendment put. Mr CHAN Choi-hi claimed a division. The Chairman then ordered the Committee to proceed to a division under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were one vote for the amendment and 49 votes against it. (Voting record in Appendix VI.) She declared that Mr CHAN's amendment to clause 13 was negatived.

Question on the original clause 13 standing part of the Bill put and agreed to.

The Chairman stated that in accordance with Rule 57(4) of the Rules of Procedure, Mr CHAN might not move his amendments to clauses 17 and 18, since his proposed amendments were inconsistent with the decision already taken.

The Secretary for Policy Co-ordination moved an amendment to clause 15.

Question on the amendment put and agreed to.

Question that clause 15, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 16.

Question on the amendment put and agreed to.

Question that clause 16, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 17.

Question on the amendment put and agreed to.

Question that clause 17, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 18.

Question on the amendment put and agreed to.

Question that clause 18, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 20.

Question on the amendment put and agreed to.

Question that clause 20, as amended, stand part of the Bill put and agreed to.

The Legislative Council Commission (Amendment) Bill 1997

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

Question on clauses 1, 3, 4, 7, 8, 9, 11 and 12 put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 2.

Question on the amendment put and agreed to.

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

The Secretary for Policy Co-ordination moved an amendment to clause 5.

Question on the amendment put and agreed to.

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

The Secretary for Policy Co-ordination moved an amendment to clause 6.

Question on the amendment put and agreed to.

Question that clause 6, as amended, stand part of the Bill put and agreed to.

The Secretary for Policy Co-ordination moved an amendment to clause 10.

Question on the amendment put and agreed to.

Question that clause 10, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Policy Co-ordination reported that

the Urban Council (Amendment) Bill 1997,
the Regional Council (Amendment) Bill 1997,
the District Boards (Amendment) Bill 1997 and
The Legislative Council Commission (Amendment) Bill 1997

had passed through Committee with amendments. He moved that these four Bills be read the third time and do pass.

Question on the Third Reading of the four Bills proposed, put and agreed to.

Bills read the third time and passed.

The President suspended the meeting at 12:17 pm.

The Council resumed at 2:07 pm.

Members' Motions

Transitional Budget for 1997-98

Resumption of debate on the motion relating to "Transitional Budget for 1997-98" which had been moved by the Director, Chief Executive's Office on 3 May 1997.

The President announced that Mr K K FUNG had given notice to withdraw his amendment to the motion. Mr CHAN Choi-hi might not therefore move his amendment to Mr K K FUNG's amendment.

21 Members spoke on the motion.

The Director, Chief Executive ' s Office 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 June 1997 at 9:30 am.

The meeting was adjourned at 4:26 pm.

(Mrs Rita FAN)
President

Huaxia Art Centre
Shenzhen