Provisional Legislative Council
PLC Paper No. CB(3)266
Minutes of the meeting held on
Wednesday 15 October 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 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 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
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 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 HUI Yin-fat, JP
Dr Hon Charles YEUNG Chun-kam
The Hon Timothy FOK Tsun-ting
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 CHAU Tak-hay, JP
- Secretary for Broadcasting, Culture and Sport
- 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 Joseph WONG Wing-ping, JP
- Secretary for Education and Manpower
- Mr Bowen LEUNG Po-wing, JP
- Secretary for Planning, Environment and Lands
- Mr LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr TAM Wing-pong, JP
- Secretary for Trade and Industry
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Miss Pauline NG Man-wah,
- Assistant Secretary General (1)
- 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. Environmental Impact Assessment (Appeal Board) Regulation
| 455/97
|
| 2. Environmental Impact Assessment (Fees) Regulation
| 456/97
|
| 3. Companies Ordinance (Amendment of Eighth Schedule) Order 1997
| 457/97
|
| 4. Limited Partnerships Ordinance (Amendment of Schedule) Order 1997
| 458/97
|
| 5. Companies Ordinance (Fee for Taking Affidavit, Affirmation or Declaration) (Amendment) Notice 1997
| 459/97
|
| 6. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth
Schedule) (No.5) Order 1997
| 460/97
|
| 7. Public Health and Municipal Services Ordinance (Public Swimming Pools) (Amendment of Fourteenth
Schedule) Order 1997
| 461/97
|
| 8. Family Status Discrimination (Investigation and Conciliation) Rules
| 462/97
|
| 9. Family Status Discrimination (Formal Investigations) Rules
| 463/97
|
| 10. District Court Equal Opportunities (Amendment) Rules 1997
| 464/97
|
| 11. Labour Tribunal (General) (Amendment) Rules 1997
| 465/97
|
Sessional Papers
| No.11- | Revised list of works annexed to the Provisional Regional Council's Estimates of Revenue and Expenditure for 1997/98
|
| No.12- | Provisional Urban Council
A list of revised works for the quarter ended 30 June 1997
|
| No.13- | Additional information on the Schedule of revisions to the 1996/97 Estimates approved by the former Urban Council during the fourth quarter of the 1996/97 financial year
|
| No.14- | Ocean Park Corporation
Annual Report 1996-1997
|
| No.15- | Annual Report of the Protection of Wages on Insolvency Fund Board 1996/97
|
| No.16- | The Government Minute in response to the Ninth Annual Report of the Ombudsman issued in June 1997
|
| No.17- | Hong Kong Council on Smoking and Health Annual Report 1996-97
|
Mr Ronald ARCULLI presented the "Ocean Park Corporation Annual Report 1996-1997" and addressed the Council.
The Chief Secretary for Administration presented "The Government Minute in response to the Ninth Annual Report of the Ombudsman issued in June 1997" and addressed the Council.
Questions
1.Mr CHIM Pui-chung asked Question 1.
The Chief Secretary for Administration replied.
Four Members asked supplementaries and the Chief Secretary for Administration replied.
2.Mr Ambrose LAU asked Question 2.
The Secretary for Health and Welfare replied.
Five Members asked supplementaries and the Secretary for Health and Welfare replied.
3.Mr WONG Siu-yee asked Question 3.
The Secretary for Transport replied.
Four Members asked supplementaries and the Secretary for Transport replied.
4.Mrs Selina CHOW asked Question 4.
The Secretary for Transport replied.
Ten Members asked supplementaries and the Secretary for Transport replied.
5.Dr HO Chung-tai asked Question 5.
The Secretary for Planning, Environment and Lands replied.
Nine Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
6.Miss CHAN Yuen-han asked Question 6.
The Secretary for the Civil Service replied.
Three Members asked supplementaries and the Secretary for the Civil Service replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
Bills
First Reading
Employment and Labour Relations (Miscellaneous Amendments) Bill 1997
Employment (Amendment) (No.5) Bill 1997
Occupational Deafness (Compensation) (Amendment) (No.2) 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
Employment and Labour Relations (Miscellaneous Amendments) Bill 1997
Employment (Amendment) (No.5) Bill 1997
Occupational Deafness (Compensation) (Amendment) (No.2) Bill 1997
The Secretary for Education and Manpower moved the Second Reading and addressed the Council on each of the above three 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 above Bills were adjourned and the Bills were referred to the House Committee.
Motions
Companies Ordinance
The Secretary for Financial Services moved the following motion and addressed the Council.
That the Companies (Fees and Percentages) (Amendment) (No.2) Order 1997, made by the Chief Justice on 26 September 1997, be approved.
Question on the motion proposed, put and agreed to.
Registered Trustees Incorporation Ordinance
The Secretary for Financial Services moved the following motion and addressed the Council.
That the Registered Trustees Incorporation Ordinance (Amendment of Second Schedule) Order 1997, made by the Secretary for the Treasury on 26 September 1997, be approved.
Question on the motion proposed, put and agreed to.
Members' Motions
Interpretation and General Clauses Ordinance
Mr James TIEN moved the following motion and addressed the Council:
That -
- the Securities and Futures Commission (Fees) (Amendment) Rules 1997 ("the amendment Rules"), published as Legal Notice No. 430 of 1997 and laid on the table of the Provisional Legislative Council on 10 September 1997, be repealed and that the provisions of the Securities and Futures Commission (Fees) Rules (Cap. 24 sub. leg.) ("the principal Rules") in force immediately before the commencement of the amendment Rules shall, as from the date of publication of this Resolution, be revived and be in force; and
- notwithstanding anything in this Resolution, the fees provided for in the principal Rules as amended by the amendment Rules and applying immediately before the date of publication of this Resolution shall continue to be payable in relation to any application lodged or anything done under the principal Rules between the date of commencement of the amendment Rules and the date of publication of this Resolution as if this Resolution had not been made and passed.
Question on the motion proposed.
The Secretary for Financial Services spoke on the motion.
Question on the motion put and agreed to.
Interpretation and General Clauses Ordinance
Mr James TIEN moved the following motion and addressed the Council:
That the Trade Marks (Amendment) Rules 1997, published as Legal Notice No. 438 of 1997 and laid on the table of the Provisional Legislative Council on 10 September 1997, be repealed.
Question on the motion proposed.
The Secretary for Trade and Industry spoke on the motion.
Mr James TIEN replied.
Question on the motion put and agreed to.
The President suspended the meeting at 5:21 pm.
The Council resumed at 5:28 pm.
Request for reduction and review of medical blunders
Mr MOK Ying-fan moved the following motion and addressed the Council:
That, in view of the recent series of blunders made by medical staff in the discharge of their duties, thereby causing psychological or physical traumas and even death to members of the public, this Council urges the Government to request the Hospital Authority to formulate and implement measures aimed at reducing medical blunders, immediately review the existing mechanism for handling complaints about medical blunders, and consider the setting up of a transparent and widely representative statutory supervisory body to oversee the investigations into medical blunders and assess the investigation reports, so as to ensure that complaints lodged will be adjudicated fairly and safeguard the legitimate rights of the public when receiving medical services.
Question on Mr MOK Ying-fan's motion proposed. The President stated that Dr C H LEONG had given notice to move an amendment to the motion. She proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together.
Dr C H LEONG moved the following amendment to Mr MOK Ying-fan's motion and addressed the Council:
To delete "consider the setting up of a transparent and widely representative statutory supervisory body to oversee the investigations into medical blunders and assess the investigation reports" and substitute with "enhance the transparency and representativeness of this mechanism by including more people who are not members of the Hospital Authority or of the medical and health care professions".
Question on Dr C H LEONG's amendment to Mr MOK Ying-fan's motion proposed.
Nine Members spoke on the motion and the amendment.
At 6:39 pm, the President's Deputy took the chair during the temporary absence of the President.
Another five Members spoke on the motion and the amendment.
At 7:20 pm, the President resumed the chair.
Mr MOK Ying-fan spoke on the amendment.
The Secretary for Health and Welfare spoke on the motion and the amendment.
Question on Dr C H LEONG's amendment to Mr MOK Ying-fan's motion put and agreed to.
Mr MOK Ying-fan replied.
Question on Mr MOK Ying-fan's motion as amended by Dr C H LEONG put and agreed to.
Speeding up the pace of democratization in Hong Kong
Mr CHAN Choi-hi moved the following motion and addressed the Council:
That this Council urges the Government of the Hong Kong Special Administrative Region to initiate steps to amend the Basic Law with a view to speeding up the pace of democratization in Hong Kong in order that the Chief Executive and all Members of the Legislative Council be returned by direct election as soon as possible, and give effect to the principles of 'Hong Kong people ruling Hong Kong' and 'a high degree of autonomy'.
Question on Mr CHAN Choi-hi's motion proposed. The President stated that Mr Kennedy WONG and Mr IP Kwok-him had separately given notice 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.
Mr Kennedy WONG and Mr IP Kwok-him addressed the Council on the motion and their proposed amendments respectively.
12 Members spoke on the motion and the proposed amendments.
Mr CHAN Choi-hi spoke on the proposed amendments.
The Secretary for Constitutional Affairs spoke on the motion and the proposed amendments.
Mr Kennedy WONG moved the following amendment to Mr CHAN Choi-hi's motion:
To delete "initiate steps to amend the Basic Law with a view to speeding up the" and substitute with "strengthen education across the board so as to enhance residents' civic awareness and political knowledge, thereby matching the gradual and orderly"; to delete "in order that" and substitute with "in accordance with the Basic Law, and making proper preparation for possible amendments to the methods for the election of the Chief Executive and for the formation of the Legislative Council after the year 2007 as stipulated in the Basic Law, thus advancing towards the target of returning"; and to delete "be returned" and "as soon as possible, and give effect to the principles of 'Hong Kong people ruling Hong Kong' and 'a high degree of autonomy'".
Question on Mr Kennedy WONG's amendment to Mr CHAN Choi-hi's motion proposed and put.
Mr CHAN Choi-hi claimed a division. The President then ordered the Council to divide under Rule 47(4) of the Rules of Procedure.
The President announced that there were 19 votes for the amendment, seven votes against it and 12 abstentions. (Voting record in Appendix I.) She declared that Mr Kennedy WONG's amendment to Mr CHAN Choi-hi's motion was agreed.
Mr IP Kwok-him withdrew his proposed amendment to Mr CHAN Choi-hi's motion.
Mr CHAN Choi-hi replied.
Question on Mr CHAN Choi-hi's motion as amended by Mr Kennedy WONG put.
Mr CHAN Choi-hi claimed a division. The President then ordered the Council to divide under Rule 47(4) of the Rules of Procedure.
The President announced that there were 20 votes for the motion, seven votes against it and 11 abstentions. (Voting record in Appendix II.) She declared that Mr CHAN Choi-hi's motion as amended by Mr Kennedy WONG was carried.
Next meeting
The President declared that the next meeting of the Council would be held on 22 October 1997 at 2:30 pm.
The Council was adjourned at 9:37 pm.
(Mrs Rita FAN)President
Council Chamber
Hong Kong
