Provisional Legislative Council
PLC Paper No. 59
Ref : PLC/C/3
Minutes of the Meeting of the Provisional Legislative Council
held on Saturday 14 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 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
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
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
Dr Hon Philip WONG Yu-hong
The Hon Kennedy WONG Ying-ho
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
The Hon TAM Wai-chu, Maria
The Hon TAM Yiu-chung, JP
Members absent:
Dr Hon David LI Kwok-po, JP
The Hon Andrew WONG Wang-fat, JP
The Hon Howard YOUNG, JP
Dr Hon LAW Cheung-kwok
Public Officers in attendance:
- The Honourable Miss Elsie LEUNG Oi-sie, JP
- The Secretary for Justice
- Mr Michael SUEN Ming-yeung, JP
- The Secretary for Policy Co-ordination
Clerk in attendance:
- Ms NG Man-wah, Pauline,
- Clerk to the Provisional Legislative Council
Reports
Mr Ho Sai-chu, Chairman of the Bills Committee, presented the report of the Bills Committee on National Flag and National Emblem Bill and Regional Flag and Regional Emblem Bill and addressed the Council.
(PLC Paper No. 392/96-97 issued under the cover of PLC Paper No. 406/96-97 on 11 June 1997)
Ms Maria TAM, Chairman of the Bills Committee, presented the report of the Bills Committee on Societies (Amendment) Bill 1997 and Public Order (Amendment) Bill 1997 and addressed the Council.
(PLC Paper No. 396/96-97 issued under the cover of PLC Paper No. 407/96-97 on 11 June 1997)
Mrs Miriam LAU, Chairman of the Committee on Members' Interests, presented the report of the Committee on Members' Interests and addressed the Council.
(PLC Paper No. 386/96-97 issued under the cover of PLC Paper No. 408/96-97 on 11 June 1997)
Bills
First Reading
Oaths and Declarations (Amendment) 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
Oaths and Declarations (Amendment) Bill 1997
The Secretary for Policy Co-ordination 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 on the Bill was adjourned and the Bill was referred to the House Committee.
National Flag and National Emblem Bill
Resumption of debate on Second Reading which had been moved on 3 May 1997.
Three 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 Flag and Regional Emblem Bill
Resumption of debate on Second Reading which had been moved on 3 May 1997.
A Member 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.
Societies (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 17 May 1997.
22 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.
Public Order (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 17 May 1997.
Nine 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.
The President suspended the meeting at 12:30 pm.
Committee Stage
The Council resumed at 2:32 pm.
The Council went into Committee and considered the following Bills :
National Flag and National Emblem Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question on clauses 1, 2, 4, 6, 8 and 10 put and agreed to.
The Secretary for Policy Co-ordination moved amendments to clauses 3, 5, 7 and 9.
Question on the amendments put and agreed to.
Question that clauses 3, 5, 7 and 9, as amended, stand part of the Bill put and agreed to.
The Secretary for Policy Co-ordination moved amendments to schedules 1 and 2.
Question on the amendments put and agreed to.
Question that schedules 1 and 2, as amended, stand part of the Bill put and agreed to.
Question on schedule 3 put and agreed to.
Regional Flag and Regional Emblem Bill
Question that the following clauses and schedules stand part of the Bill proposed.
Question on clauses 1 to 4, 6, 8 and 9 put and agreed to.
The Secretary for Policy Co-ordination moved amendments to clauses 5 and 7.
A Member spoke on the amendments.
Question on the amendments put and agreed to.
Question that clauses 5 and 7, as amended, stand part of the Bill put and agreed to.
The Secretary for Policy Co-ordination moved an amendment to schedule 1.
Question on the amendment put and agreed to.
Question that schedule 1, as amended, stand part of the Bill put and agreed to.
Question on schedules 2, 3 and 4 put and agreed to.
The Chairman suspended the meeting at 2:39 pm.
The meeting resumed at 2:51 pm.
The Chairman stated that the Committee would deal with the Public Order (Amendment) Bill 1997 first so that the Council' s time could be used more efficiently.
Public Order (Amendment) Bill 1997
Question that the following clauses and schedule stand part of the Bill proposed.
Question on clauses 1, 6 and 14 put and agreed to.
The Secretary for Policy Co-ordination moved an amendment to clause 2.
Question on the amendment put and agreed to.
Mr CHAN Choi-hi moved a further amendment to clause 2.
Two Members spoke on the amendment.
Mr CHAN Choi-hi replied.
A further Member spoke on the amendment.
Question on the amendment put. The Chairman stated that she thought the amendment had been negatived.
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 four votes for the amendment and 40 votes against it. (Voting record in Appendix I.) She declared that Mr CHAN's amendment to clause 2 was negatived.
Dr C H LEONG rose to move the following motion without notice:
That in the event of further divisions being claimed in respect of the remaining motions at the Committee Stage of the Public Order (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 Dr LEONG's motion proposed, put and agreed to.
Question that clause 2, as amended, stand 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 3, 4, 5, 8 and 12, since his proposed amendments were inconsistent with the decision already taken.
The Secretary for Policy Co-ordination moved amendments to clauses 3, 4 and 5.
Question on the amendments put and agreed to.
Question that clauses 3, 4 and 5, as amended, stand part of the Bill put and agreed to.
Mr CHAN Choi-hi moved an amendment to clause 7.
Two Members spoke on the amendment.
Question on the amendment put. The President state that she thought the amendment had been negatived.
Mr CHAN Choi-hi claimed a division. The Chairman then ordered the Committee to divide under Rule 49(4) of the Rules of Procedure.
The Chairman announced that there were four votes for the amendment and 41 votes against it. (Voting record in Appendix II.) She declared that Mr CHAN's amendment to clause 7 was negatived.
The Chairman stated that in accordance with Rule 57(4) of the Rules of Procedure, Mr CHAN might not move his amendments to clauses 9, 10, 11 and 13, since his proposed amendments were inconsistent with the decision already taken.
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 9.
Question on the amendment put and agreed to.
Question that clause 9, as amended, stand part of the Bill put and agreed to.
Question on clauses 10 and 11 standing part of the Bill put and agreed to.
Question on clause 12 standing part of the Bill put and agreed to.
Question on clause 13 standing part of the Bill put and agreed to.
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.
Mr CHAN Choi-hi moved an amendment to clause 16.
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 four votes for the amendment and 41 votes against it. (Voting record in Appendix III.) She declared that Mr CHAN's amendment to clause 16 was negatived.
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.
Question on the schedule put and agreed to.
Societies (Amendment) Bill 1997
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1, 2, 3(2), 6, 7, 9, 10, 12, 13, 14, 18, 20 and 21 put and agreed to.
Mr Bruce LIU moved an amendment to clause 3(1) and addressed the Committee.
A Member spoke on the amendment.
Question on the amendment put.
Mr Bruce LIU 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 eight votes for the amendment and 37 votes against it. (Voting record in Appendix IV.) She declared that Mr LIU's amendment to clause 3(1) was negatived.
Dr C H LEONG rose to move the following motion without notice:
That in the event of further divisions being claimed in respect of the remaining motions at the Committee Stage of the Societies (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 Dr LEONG's motion proposed, put and agreed to.
The Secretary for Policy Co-ordination moved an amendment to clause 3(1).
Question on the amendment put and agreed to.
Question that clauses 3(1), as amended, stand part of the Bill put and agreed to.
Mr Bruce LIU moved an amendment to clause 3(3) and addressed the Committee.
Six Members and the Secretary for Policy Co-ordination spoke on the amendment.
Mr Bruce LIU replied.
Question on the amendment put.
Mr Bruce LIU 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 nine votes for the amendment and 34 votes against it. (Voting record in Appendix V.) She declared that Mr LIU's amendment to clause 3(3) was negatived.
The Chairman stated that in accordance with Rule 57(4) of the Rules of Procedure, Mr LIU might not move his amendment to clause 4, since his proposed amendment was inconsistent with the decision already taken.
Question that the original clause 3(3) stand part of the Bill put and agreed to.
Mr Bruce LIU moved an amendment to clause 3(4) and addressed the Committee.
Question on the amendment put and negatived.
The Secretary for Policy Co-ordination moved an amendment to clause 3(4).
Question on the amendment put and agreed to.
Question that clause 3(4), as amended, stand part of the Bill 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 amendments to clauses 5, 8, 11, 15, 16, 17 and 19.
Question on the amendments put and agreed to.
Question that clauses 5, 8, 11, 15, 16, 17 and 19, 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 National Flag and National Emblem Bill
the Regional Flag and Regional Emblem Bill
the Societies (Amendment) Bill 1997 and
the Public Order (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.
Motions
Appointment of permanent judges of the Court of Final Appeal of the Hong Kong Special Administrative Region and the Chief Judge of the High Court of the Hong Kong Special Administrative Region
The Secretary of Justice moved the following motion and addressed the Council:
That this Council is in support of the proposal to appoint the Honourable Mr. Justice Henry Litton, the Honourable Mr. Justice Charles Ching and the Honourable Mr. Justice Kemal Bokhary as permanent judges of the Court of Final Appeal of the Hong Kong Special Administrative Region and the Honourable Mr. Justice Patrick Chan as the Chief Judge of the High Court of the Hong Kong Special Administrative Region.
Four Members spoke on the motion.
Question on the motion proposed, put and agreed to.
Next meeting
The President declared that the next meeting of the Council would be held on 21 June 1997 at 9:30 am.
The meeting was adjourned at 4:24 pm.
(Mrs Rita FAN)
President
Huaxia Art Centre
Shenzhen
