PLC Paper No. 305/96-97

Members present:

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


Members absent:

The Honourable LEE Peng-fei, Allen
The Honourable ARCULLI, Ronald
The Honourable TSANG Yok-sing
The Honourable TAM Wai-chu, Maria


Clerk in attendance:

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

Bills

Second Reading

Holidays (1997 and 1998) Bill

Resumption of debate on Second Reading which had been moved on 12 April 1997.

5 Members spoke on the motion.

The Secretary of Justice 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 Holidays (1997 and 1998) Bill.

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

Question on clauses 1 to 3 put and agreed to.

New clause 4 read the first time.

Mr MOK Ying-fan moved the Second Reading of new clause 4 and addressed the Committee. Question on the Second Reading of new clause 4 proposed.

The Secretary of Justice spoke on the motion.

Question on the Second Reading of new clause 4 moved by Mr MOK Ying-fan put.

Mr FUNG Kin-kee 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 8 votes for the motion and 40 votes against it. She declared that the Second Reading of new clause 4 moved by Mr MOK Ying-fan was negatived.

(Note: As it was later found that there had been a technical fault on the electronic voting system, the Chairman ordered that the voting record be amended. Please refer to P. 47 for details and Appendix I for the amended voting record.)

The Secretary of Justice moved amendments to schedules 1, 2 and 3 and addressed the Committee.

Question on the amendments put and agreed to.

Question that schedules 1, 2 and 3, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

Holidays (1997 and 1998) Bill

The Secretary of Justice reported that the 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' Motion


Consultation Document on Civil Liberties and Social Order

     Mr Bruce LIU moved the following motion and addressed the Council:

     "That with the publication of the "Consultation Document on Civil Liberties and Social Order" by the Chief Executive's Office to invite public comments, this Council urges the Chief Executive to seriously consider and accord due respect to the views of the public and that any amendments to the Societies Ordinance and the Public Order Ordinance shall be made according to the following principles:

          1. the provisions of the Basic Law should be complied with;

          2. the provisions of the International Covenant on Civil and Political Rights should be observed; and

          3. restrictions on the freedom of association, of assembly and procession etc., in comparison with those imposed by existing legislation under the British colonial regime in Hong Kong, should not be tightened or be unreasonable, and the aim of the legislative amendments should be to allow latitude."

Question on Mr Bruce LIU's motion proposed. The President stated that Mrs Elsie TU and Mr CHAN Choi-hi had separately given notices to move amendments to the motion and that Mrs Selina CHOW had also given notice to move an amendment to Mrs Elsie TU's proposed amendment. She proposed that the motion, the two amendments and the amendment to Mrs TU's proposed 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.

Mrs Elsie TU, Mr CHAN Choi-hi and Mrs Selina CHOW addressed the Council on the motion and their proposed amendments respectively.

13 Members spoke on the motion and the amendments.

At 11:49 am, the President's Deputy took the chair during the temporary absence of the President.

Another three Members spoke on the motion and the amendments.

At 12:02 pm, the President resumed the chair.

A futher Member spoke on the motion and the amendments.

The President invited Mrs Elsie TU to speak for the second time on Mrs Selina CHOW's amendment.

Mr Bruce LIU spoke on the amendments.

The Secretary for Policy Co-ordination spoke on the motion and the amendments.

At this juncture, the President announced that the result of the voting on Mr MOK Ying-fan's motion during the proceedings in the Committee of the whole Council on the Holidays (1997 and 1998) Bill earlier should have been 9 votes for the motion and 41 votes against it. This was because the votes of two Members were not shown in the voting record due to a technical fault on the electronic voting system.

The President then called on Mrs Elsie TU to move her amendment to Mr Bruce LIU's motion.

Mrs Elsie TU moved the following amendment to Mr Bruce LIU's motion:

"In sub-paragraph 2, to add "as applied to Hong Kong" after "the International Covenant on Civil and Political Rights"; to delete sub-paragraph 3 and substitute "3. a right balance between civil liberties and social order should be maintained."."

Question on Mrs Elsie TU's amendment to Mr Bruce LIU's motion proposed.

Mrs Selina CHOW moved the following amendment to Mrs Elsie TU's proposed amendment:

     "To delete "and" at the end of sub-paragraph 2; to delete the full-stop at the end of sub-paragraph 3 and substitute "; and 4. the anxiety of the people of Hong Kong about their existing freedom being undermined by the amendments should be allayed as far as possible."."

Question on Mrs Selina CHOW's amendment to Mrs Elsie TU's proposed amendment proposed and put. The President stated that she thought the amendment had been negatived.

Mrs Selina CHOW claimed a division. The President then ordered the Council to proceed to a division under Rule 47(4) of the Rules of Procedure.

The President announced that there were 10 votes for the amendment and 38 votes against it. (Voting record in Appendix II.) She declared that Mrs CHOW's amendment to Mrs Elsie TU's proposed amendment was negatived.

With the consent of the President, Dr LEONG Che-hung rose to move the following motion without notice:

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

Question on Dr LEONG Che-hung's motion proposed, put and agreed to.

Question on Mrs Elsie TU's amendment to Mr Bruce LIU's motion proposed and put. The President stated that she thought the amendment had been agreed.

Mr FUNG Kin-kee claimed a division. The President then ordered the Council to proceed to a division under Rule 47(4) of the Rules of Procedure.

The President announced that there were 44 votes for the amendment and 6 votes against it. (Voting record in Appendix III.) She declared that Mrs Elsie TU's amendment to Mr Bruce LIU's motion was carried.

The President granted leave for Mr CHAN Choi-hi to revise the terms of his amendment.

Mr CHAN Choi-hi moved the following amendment to Mr Bruce LIU's motion as amended by Mrs Elsie TU:

"To add the following new sentence at the end of the motion: "At the same time, with securing the confidence of the people of Hong Kong and ensuring a smooth transition as our principal tasks during the transition, this Council urges the Chief Executive of the Hong Kong Special Administrative Region to introduce legislation on an interim basis to fill up the legal vacuum in relation to the Societies Ordinance and the Public Order Ordinance, and to introduce legislation thereafter on a permanent basis when the first Legislative Council is in session and after experience in enforcement has been gained and extensive consultation has been conducted following the handover."."

Question on Mr CHAN Choi-hi's amendment to Mr Bruce LIU's motion as amended by Mrs Elsie TU proposed and put.

Mr CHAN Choi-hi claimed a division. The President then ordered the Council to proceed to a division under Rule 47(4) of the Rules of Procedure.

The President announced that there were 1 vote for the amendment and 49 votes against it. (Voting record in Appendix IV.) She declared that Mr CHAN Choy-hi's amendment to Mr Bruce LIU's motion as amended by Mrs Elsie TU was negatived.

Mr Bruce LIU replied.

Question on Mr Bruce LIU's motion as amended by Mrs Elsie TU put and agreed to.

Next meeting

The President declared that the next meeting of the Council would be held on 17 May 1997 at 9:30 am.

The meeting was adjourned at 12:59pm.
(Mrs Rita FAN)
President
27 May 1997


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