Provisional Legislative Council

PLC Paper No. CB(3) 644

Minutes of the meeting held on Wednesday 11 February 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 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
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
The Hon CHOY So-yuk

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 Michael SUEN Ming-yeung, JP

Secretary for Constitutional Affairs

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 Bowen LEUNG Po-wing, JP

Secretary for Planning, Environment and Lands

Mr KWONG Ki-chi, JP

Secretary for the Treasury

Mr Stephen IP Shu-kwan, JP

Secretary for Economic Services

Mr Benedict KWONG Hon-sang, JP

Secretary for Works

Mr David LAN Hong-tsung, JP

Secretary for Home Affairs

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, JP,

Secretary General

Mr LAW Kam-sang, JP,

Deputy Secretary General

Ms Pauline NG Man-wah,

Assistant Secretary General (1)

Mr Ray CHAN Yum-mou,

Assistant Secretary General (3)

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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. Public Health (Animals and Birds) (Amendment) Regulation 1998	44/98
2. Road Traffic Ordinance (Amendment of Schedule 8) (No.2) Order 1998	50/98
3. Dangerous Drugs Ordinance (Amendment of Second Schedule) (No.3) Order 1997 (L.N.599 of 1997) (Commencement) Notice 1998	51/98
4. Telecommunication (Amendment) Regulation 1998	52/98
5. Hong Kong Air Navigation (Fees) (Amendment) Regulation 1998	53/98
6. Port Control (Public Cargo Working Area) Order 1998	54/98
7. Port Control (Public Cargo Working Area) (No.2) Order 1998	55/98
8. Port Control (Public Cargo Working Area) (No.3) Order 1998	56/98
9. Port Control (Public Cargo Working Area) (No.4) Order 1998	57/98
10. Port Control (Public Cargo Working Area) (No.5) Order 1998	58/98
11. Port Control (Public Cargo Working Area) (No.6) Order 1998	59/98
12. Port Control (Public Cargo Working Area) (No.7) Order 1998	60/98
13. Port Control (Public Cargo Working Area) (No.8) Order 1998	61/98
14. Port Control (Public Cargo Working Area) (No.9) Order 1998	62/98
15. Immigration (Amendment) (No.2) Regulation 1997 (L.N.593 of 1997) (Commencement) Notice 1998	63/98
16. Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1998	64/98
17. Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No.2) Regulation 1998	65/98
18. Telephone (Repeal) Regulation 1998	66/98
19. Places for Autopsies (Amendment) Order 1998	67/98
20. Animals and Plants (Protection of Endangered Species) (Exemption) (Amendment) Order 1998	68/98
21. Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998	69/98
22. Environmental Impact Assessment Ordinance (9 of 1997) (Commencement) Notice 1998	70/98
23. Environmental Impact Assessment (Appeal Board) Regulation (L.N.455 of 1997) (Commencement) Notice 1998	71/98
24. Environmental Impact Assessment (Fees) Regulation (L.N.456 of 1997) (Commencement) Notice 1998	72/98
25. Inland Revenue (Qualifying Debt Instruments) (Amendment) Order 1998	73/98

Sessional Papers

No. 69-	Report of the Director of Audit on the Accounts of the Government and the Trading Funds 1 April to 30 June 1997
No. 70-	Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Hong Kong Government for the year ended 31 March 1997 and the Results of Value for Money Audits (Report No.29) (February 1998 - P.A.C. Report No.29)
No. 71-	Legal Aid Services Council Annual Report 1997

The Chief Secretary for Administration presented the "Report of the Director of Audit on the Accounts of the Government and the Trading Funds 1 April to 30 June 1997" and addressed the Council.

Mr Eric LI presented the "Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Hong Kong Government for the Year ended 31 March 1997 and the Results of Value for Money Audits (Report No.29) (February 1998 - P.A.C. Report No.29)" and addressed the Council.

The Chief Secretary for Administration presented the "Legal Aid Services Council Annual Report 1997" and addressed the Council.

Questions

1. Dr LAW Cheung-kwok asked Question 1.

The Secretary for Financial Services replied.

Four Members asked supplementaries and the Secretary for Financial Services replied.

2. Mr Eric LI asked Question 2.

The Secretary for Economic Services replied.

Four Members asked supplementaries. The Secretary for Economic Services and the Secretary for Works replied.

3. Mr K K FUNG asked Question 3.

The Secretary for Planning, Environment and Lands replied.

A Member asked one supplementary and the Secretary for Planning, Environment and Lands replied.

4. Mr CHOY Kan-pui asked Question 5.

The Secretary for Health and Welfare replied.

Three Members asked supplementaries. The Secretary for Health and Welfare and the Secretary for Economic Services replied.

5. Mrs Peggy LAM asked Question 4.

The Secretary for Health and Welfare replied.

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

6. Dr TANG Siu-tong asked Question 6.

The Secretary for Health and Welfare replied.

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

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

Bills

First Reading

Adaptation of Laws (Courts and Tribunals) Bill
Legal Practitioners (Amendment) Bill 1998
Adaptation of Laws (References to Foreign Country, Etc.) Bill
Road Traffic (Validation of Collection of Fees) Bill
Kowloon-Canton Railway Corporation (Amendment) Bill 1998
Adaptation of Laws (Crown Land) Bill
Town Planning (Amendment) Bill 1998
Merchant Shipping (Registration) (Amendment) Bill 1998
Building Management (Amendment) Bill 1998

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

Adaptation of Laws (Courts and Tribunals) Bill

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.

Legal Practitioners (Amendment) Bill 1998

The Secretary for Justice 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.

Adaptation of Laws (References to Foreign Country, Etc.) Bill

The Secretary for Constitutional Affairs 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.

Road Traffic (Validation of Collection of Fees) Bill
Kowloon-Canton Railway Corporation (Amendment) Bill 1998

The Secretary for Transport moved the Second Reading and addressed the Council on each of the two Bills.

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

Adaptation of Laws (Crown Land) Bill
Town Planning (Amendment) Bill 1998

The Secretary for Planning, Environment and Lands moved the Second Reading and addressed the Council on each of the two Bills.

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

Merchant Shipping (Registration) (Amendment) Bill 1998

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 Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.

Building Management (Amendment) Bill 1998

The Secretary for Home Affairs 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

Bankruptcy Ordinance

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

That the Bankruptcy (Amendment) Rules 1998, made by the Chief Justice on 15 December 1997, be approved.

Question on the motion proposed.

A Member spoke on the motion.

Question on the motion put and agreed to.

Bankruptcy Ordinance

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

That the Meetings of Creditors (Repeal) Rules 1998, made by the Chief Justice on 15 December 1997, be approved.

Question on the motion proposed, put and agreed to.

Bankruptcy Ordinance

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

That the Bankruptcy (Forms) (Amendment) Rules 1998, made by the Chief Justice on 15 December 1997, be approved.

Question on the motion proposed, put and agreed to.

Bankruptcy Ordinance

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

That the Bankruptcy (Fees and Percentages) (Amendment) Order 1998, made by the Chief Justice on 15 December 1997, be approved.

Question on the motion proposed, put and agreed to.

Bankruptcy Ordinance

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

That the Proof of Debts (Amendment) Rules 1998, made by the Chief Justice on 15 December 1997, be approved.

Question on the motion proposed, put and agreed to.

Members' Motions

Interpretation and General Clauses Ordinance

Mr IP Kwok-him moved the following motion and addressed the Council:

That the Legislative Council (Formation of Election Committee) (Appeals) Regulation, published as Legal Notice No.1 of 1998 and laid on the table of the Provisional Legislative Council on 14 January 1998, be amended -

1. in section 5(2)(c)(iii) and (d)(i)(C) and (ii)(C), by repealing "not later than 1 day" and substituting "at least 1 clear day";

2. in section 6(1)(a)(iii), (2)(a)(iii) and (3)(a)(iii), by repealing "not later than 1 day" and substituting "at least 1 clear day".

Question on the motion proposed, put and agreed to.

Interpretation and General Clauses Ordinance

Mr IP Kwok-him moved the following motion and addressed the Council:

That in relation to the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation, published as Legal Notice No.20 of 1998 and laid on the table of the Provisional Legislative Council on 21 January 1998, 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 25 February 1998.

At 4:54 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on the motion proposed, put and agreed to.

Interpretation and General Clauses Ordinance

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

That in relation to the -

1. Road Traffic (Public Service Vehicles) (Amendment) Regulation 1998, published as Legal Notice No.15 of 1998;

2. Aerial Ropeways (Fees) (Amendment) Regulation 1998, published as Legal Notice No.17 of 1998;

3. Amusement Rides (Safety) (Fees) (Amendment) Regulation 1998, published as Legal Notice No.18 of 1998;

4. Electricity (Registration) (Amendment) Regulation 1998, published as Legal Notice No.21 of 1998;

5. Electricity (Wiring) (Amendment) Regulation 1998, published as Legal Notice No.22 of 1998;

6. Gas Safety (Gas Supply) (Amendment) Regulation 1998, published as Legal Notice No.23 of 1998;

7. Gas Safety (Registration of Gas Installers and Gas Contractors) (Amendment) Regulation 1998, published as Legal Notice No.24 of 1998;

8. Gas Safety (Registration of Gas Supply Companies) (Amendment) Regulation 1998, published as Legal Notice No.25 of 1998;

9. Ferry Services (Amendment) Regulation 1998, published as Legal Notice No.26 of 1998;

10. Road Traffic (Parking) (Amendment) Regulation 1998, published as Legal Notice No.27 of 1998;

11. Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 1998, published as Legal Notice No.28 of 1998;

12. Road Tunnels (Government) (Amendment) Regulation 1998, published as Legal Notice No.29 of 1998;

13. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1998, published as Legal Notice No.30 of 1998;

14. Road Traffic (Public Service Vehicles) (Amendment) (No.2) Regulation 1998, published as Legal Notice No.31 of 1998;

15. Road Traffic (Parking on Private Roads) (Amendment) Regulation 1998, published as Legal Notice No.32 of 1998;

16. Road Traffic Ordinance (Amendment of Schedule 3) Order 1998, published as Legal Notice No.33 of 1998;

17. Road Traffic Ordinance (Amendment of Schedule 5) Order 1998, published as Legal Notice No. 34 of 1998; and

18. Road Traffic Ordinance (Amendment of Schedule 8) Order 1998, published as Legal Notice No.35 of 1998,

and laid on the table of the Provisional Legislative Council on 21 January 1998, 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 25 February 1998.

Question on the motion proposed, put and agreed to.

The opening of the new airport

Dr HO Chung-tai moved the following motion and addressed the Council:

That, as the Government has postponed the opening of the new airport to July 6 to tie in with the operation of the airport railway, this Council urges the Government to implement the relevant relocation plans prudently, so as to ensure that the new airport will be a world-class international airport with the best passenger and freight services from its first day of operation, in order that the international image of Hong Kong will be enhanced.

Question on the motion proposed.

Eight Members and the Secretary for Economic Services spoke on the motion.

Dr HO Chung-tai replied.

Question on the motion put and agreed to.

Relationship between the executive authorities and the legislature

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

That this Council urges the Government to consider means to improve the communication and working relationship between the legislature and the executive authorities, so as to ensure effective and efficient governance of the Special Administrative Region and that the executive authorities be made accountable to the legislature in accordance with the Basic Law.

At 6:26 pm, the President resumed the chair.

Question on the motion proposed.

Nine Members and the Secretary for Constitutional Affairs spoke on the motion.

Dr C H LEONG 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 18 February 1998 at 2:30 pm.

The Council was adjourned at 7:59 pm.

(Mrs Rita FAN)
President
Council Chamber
Hong Kong