Provisional Legislative Council

PLC Paper No. CB(3) 159


Minutes of the meeting held on Wednesday
10 September 1997 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 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 MOK Ying-fan
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
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
The Hon CHOY So-yuk

Members absent:

The Hon Mrs Elsie TU, GBM
The Hon LEUNG Chun-ying, JP
The Hon CHENG Yiu-tong

Public officers attending:

The Honourable Mrs Anson CHAN, 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 CHAU Tak-hay, JP
Secretary for Broadcasting, Culture and Sport

Mr Peter LAI Hing-ling, JP
Secretary for Security

Mr Bowen LEUNG Po-wing, JP
Secretary for Planning, Environment and Lands

Mr Stephen IP Shu-kwan, JP
Secretary for Economic Services

Mr Kevin HO Chi-ming, JP
Secretary for Transport

Mr Matthew CHEUNG Kin-chung, JP
Secretary for Education and Manpower

Mr Clement MAK Ching-hung
Secretary for Constitutional Affairs

Mr Gregory LEUNG Wing-lup, JP
Secretary for Health and Welfare

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, JP,
Secretary General

Mr LAW Kam-sang, JP,
Deputy Secretary General

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 Securities and Futures Commission (Fees) (Amendment) Rules 1997

430/97
2. Banking Ordinance (Amendment of Seventh Schedule) Notice 1997

431/97
3. Immigration (Amendment) Regulation 1997

432/97
4. Registration of Persons (Amendment) Regulation 1997

433/97
5. Marriage Reform (Fees) (Amendment) Regulation 1997

434/97
6. Births Registration (Special Registers) Ordinance (Amendment of Fifth Schedule) Order 1997

435/97
7. Deaths Registration (Special Registers) Ordinance (Amendment of Fourth Schedule) Order 1997

436/97
8. Marriage Ordinance (Amendment of Second Schedule) Order 1997

437/97
9. Trade Marks (Amendment) Rules 1997

438/97
10. Child Abduction and Custody Ordinance (49 of 1997) (Commencement) Notice 1997

439/97
11. Building (Planning) (Amendment) Regulation 1997 (L.N. 239 of 1997) (Commencement) Notice 1997

440/97

Sessional Papers

No.7- Report by the Trustee of the Correctional Services Children's Education Trust for the period 1st September 1995 to 31st August 1996

No.8- The Government Minute in response to the Report No. 28 of the Public Accounts Committee dated June 1997

The Chief Secretary for Administration presented The Government Minute in response to the Report No. 28 of the Public Accounts Committee dated June 1997 and addressed the Council.

Report

Mrs Selina CHOW, Chairman of the Working Group, presented the Second Progress Report of the Working Group on Rules of Procedure of the Provisional Legislative Council and addressed the Council.

Questions

1.Ms CHOY So-yuk asked Question 1.

The Secretary for Constitutional Affairs replied.

12 Members asked supplementaries and the Secretary for Constitutional Affairs replied.

2.Mrs Peggy LAM asked Question 2.

The Secretary for Health and Welfare replied.

Seven Members asked supplementaries and the Secretary for Health and Welfare replied.

3.Mr Kennedy WONG Ying-ho asked Question 3.

The Secretary for Constitutional Affairs replied.

Six Members asked supplementaries and the Secretary for Constitutional Affairs, the Secretary for Security, the Secretary for Transport and the Secretary for Economic Services replied.

4.Dr Mrs TSO WONG Man-yin asked Question 4.

The Secretary for Education and Manpower replied.

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

5.Mr James TIEN asked Question 5.

The Secretary for Education and Manpower replied.

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

6.Mr LAU Wong-fat asked Question 6.

The Secretary for Planning, Environment and Lands replied.

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

Written replies to Questions 7 to 19 were tabled for Members' information.

Bills

First Reading

Hong Kong Court of Final Appeal (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.

Second Reading

Hong Kong Court of Final Appeal (Amendment) (No.3) Bill 1997

The Chief Secretary for Administration 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.

Members' Motions

Motion to amend the Rules of Procedure of the Provisional Legislative Council of the Hong Kong Special Administrative Region

Mrs Selina CHOW moved the motion in Appendix I and addressed the Council.

Question on the motion proposed, put and agreed to.

Dissolution of the Working Group on Rules of Procedure

Mrs Selina CHOW moved the following motion and addressed the Council:

That the Working Group on Rules of Procedure set up by this Council on 22 February 1997 be dissolved.

Question on the motion proposed.

A Member spoke on the motion.

Question on the motion put and agreed to.

Designating Teacher's Day

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 designate 10 September every year as 'Teacher's Day', so as to foster respect for the teaching profession and attach importance to education in the community, thereby raising the status of teachers and advancing the development of education in Hong Kong.

Question on the motion proposed.

A Member spoke on the motion.

At 5:10 pm, the President's Deputy took the chair during the temporary absence of the President.

Another seven Members and the Secretary for Education and Manpower spoke on the motion.

At 5:50 pm, the President resumed the chair.

Mr YEUNG Yiu-chung replied.

Question on the motion put and agreed to.

Review of district administration

Mr CHAN Choi-hi moved the following motion and addressed the Council:

That this Council proposes that the Government of the Hong Kong Special Administrative Region should conduct a comprehensive review of district administration, including the roles, functions, division of labour and resource allocation of the Urban Council, the Regional Council and the District Boards, so that district administration can better cater for the needs of local communities.

Question on Mr CHAN Choi-hi's motion proposed. The President stated that Mr CHENG Kai-nam and Mr Bruce LIU had separately given notices to move amendments to the motion. She 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 CHENG Kai-nam and Mr Bruce LIU addressed the Council on the motion and their proposed amendments respectively.

Six Members spoke on the motion and the amendments.

Mr CHAN Choi-hi spoke on the amendments.

The Secretary for Constitutional Affairs spoke on the motion and the amendments.

Mr CHENG Kai-nam moved the following amendment to Mr CHAN Choi-hi's motion:

To add "consult the public extensively and openly in conducting" after "the Government of the Hong Kong Special Administrative Region should"; to delete "conduct"; to delete "cater for" and substitute with "complement"; and to delete "the needs of local communities" and substitute with "the development of society".

Question on Mr CHENG Kai-nam's amendment to Mr CHAN Choi-hi's motion proposed, put and agreed to.

The President stated that as Mr CHENG's amendment had been agreed, the wording of Mr Bruce LIU's original amendment had to be revised and she had approved the revised wording of Mr LIU's amendment, which had been tabled.

Mr Bruce LIU moved the following revised amendment to Mr CHAN Choi-hi's motion as amended by Mr CHENG Kai-nam:

To insert "; and at the same time, the Government should examine the feasibility of streamlining the existing two-tier system of the district organizations or of merging the two tiers into a single tier system" after "the development of society".

Question on Mr Bruce LIU's revised amendment to Mr CHAN Choi-hi's motion as amended by Mr CHENG Kai-nam proposed and put.

Mr IP Kwok-him and Mr Bruce LIU 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 19 votes for the amendment, 18 votes against it and two abstentions. (Voting record in Appendix II.) She declared that Mr Bruce LIU's amendment to Mr CHAN Choi-hi's motion as amended by Mr CHENG Kai-nam was agreed.

Mr CHAN Choi-hi replied.

Question on Mr CHAN Choi-hi's motion as amended by Mr CHENG Kai-nam and further amended by Mr Bruce LIU put and agreed to.

Next meeting

The President declared that the next meeting of the Council would be held on 24 September 1997 at 2:30 pm.

The Council was adjourned at 7:16 pm.


(Mrs Rita FAN)President

Council Chamber
Hong Kong