Provisional Legislative Council
PLC Paper No. CB(3) 485
Minutes of the meeting held on
Wednesday 17 December 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 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 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 Ronald ARCULLI, JP
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 CHAU Tak-hay, JP
- Secretary for Broadcasting, Culture and Sport
- Mr Dominic WONG Shing-wah, JP
- Secretary for Housing
- Mrs Katherine FOK LO Shiu-ching, JP
- Secretary for Health and Welfare
- Mr Peter LAI Hing-ling, JP
- Secretary for Security
- Mr Bowen LEUNG Po-wing, JP
- Secretary for Planning, Environment and Lands
- Mr KWONG Ki-chi, JP
- Secretary for the Treasury
- Miss Denise YUE Chung-yee, JP
- Secretary for Trade and Industry
- Mr Stephen IP Shu-kwan, JP
- Secretary for Economic Services
- 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
- 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. | Immigration (Amendment) (No.2) Regulation 1997
| 593/97
|
| 2. | Fugitive Offenders (Singapore) Order
| 594/97
|
| 3. | Fugitive Offenders (United Kingdom) Order
| 595/97
|
| 4. | Dangerous Drugs Ordinance (Amendment of Second Schedule) (No.3) Order 1997
| 599/97
|
| 5. | Kowloon-Canton Railway (Restricted Area) (No.2) Notice 1997
| 600/97
|
| 6. | Shipping and Port Control Regulations (Amendment of Third Schedule) Notice 1997
| 601/97
|
| 7. | Shipping and Port Control Regulations (Amendment of Fifth Schedule) Notice 1997
| 602/97
|
Sessional Papers
| No.46- | Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 1996-97
|
| No.47- | Sir Edward Youde Memorial Fund
Report of the Board of Trustees for the period 1 April 1996 to 31 March 1997
|
| No.48- | The Sir Murray MacLehose Trust Fund Trustee's Report for the period 1 April 1996 to 31 March 1997
|
| No.49- | Grantham Scholarships Fund
Annual Report for the year 1 September 1996 to 31 August 1997
|
| No.50- | AIDs Trust Fund
1996-97 Annual Accounts
|
| No.51- | Hong Kong Productivity Council
Annual Report 1996/97
|
| No.52- | The Accounts of the Lotteries Fund 1996-97
|
| No.53- | Provisional Regional Council
Revised Estimates of Expenditure 1997/98
|
| No.54- | Revised list of works annexed to the Provisional Regional Council's Estimates of Revenue and Expenditure for 1997/98
|
| No.55- | Provisional Urban Council
A list of revised works for the quarter ended 30 September 1997
|
| No.56- | Report of the Chinese Temples Committee on the administration of the Chinese Temples Fund for the year ended 31 March 1997
|
| No.57- | Report of the Chinese Temples Committee on the administration of the General Chinese Charities Fund for the year ended 31 March 1997
|
| No.58- | Report of the Brewin Trust Fund Committee on the administration of the Fund for the year ended 30 June 1997
|
| No.59- | Emergency Relief Fund
Annual Report by the Trustee for the year ending on 31 March 1997
|
| No.60- | Hong Kong Housing Authority
Annual Report 1996/97
|
| No.61- | Hong Kong Housing Authority
Annual Accounts for the year ended 31 March 1997 and Balance Sheet as at that date
|
| No.62- | Equal Opportunities Commission
Annual Report 1996/97
|
| No.63- | Social Work Training Fund
Thirty-sixth Annual Report by the Trustee for the years ending on 31 March 1997
|
Questions
1.Mr James TIEN asked Question 1.
The Secretary for Trade and Industry replied.
Three Members asked supplementaries and the Secretary for Trade and Industry replied.
2.Mr WONG Siu-yee asked Question 2.
The Secretary for Security replied.
Five Members asked supplementaries and the Secretary for Security replied.
3.Mr MOK Ying-fan asked Question 3.
The Chief Secretary for Administration replied.
Nine Members asked supplementaries and the Chief Secretary for Administration replied.
4.Mr CHAN Choi-hi asked Question 4.
The Secretary for Security replied.
Three Members asked supplementaries and the Secretary for Security replied.
5.Mr Howard YOUNG asked Question 5.
The Secretary for Broadcasting, Culture and Sport replied.
Three Members asked supplementaries and the Secretary for Broadcasting, Culture and Sport replied.
6.Mr LAU Kong-wah asked Question 6.
The Secretary for Health and Welfare replied.
10 Members asked supplementaries. The Secretary for Health and Welfare and the Secretary for Economic Services replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
Bills
First Reading
Protection of the Harbour (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
Protection of the Harbour (Amendment) Bill 1997
The Secretary for Planning, Environment and Lands 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
Pharmacy and Poisons Ordinance
The Secretary for Economic Services moved the following motion and addressed the Council:
That the Pharmacy and Poisons (Amendment) (No.2) Regulation 1997, made by the Pharmacy and Poisons Board on 21 November 1997, be approved.
Question on the motion proposed, put and agreed to.
Long-term Prison Sentences Review Ordinance
The Secretary for Security moved the following motion and addressed the Council:
That the Long-term Prison Sentences Review Regulation, made by the Chief Executive on 2 December 1997 after consultation with the Executive Council, be approved.
Question on the motion proposed.
Two Members spoke on the motion.
The Secretary for Security replied.
Question on the motion put and agreed to.
Interpretation and General Clauses Ordinance
The Secretary for Planning, Environment and Lands moved the motion in Appendix I and addressed the Council.
Question on the motion proposed.
Two Members spoke on the motion.
The Secretary for Planning, Environment and Lands replied.
Question on the motion put and agreed to.
Interpretation and General Clauses Ordinance
The Secretary for Planning, Environment and Lands moved the following motion and addressed the Council:
That the Building (Demolition Works) (Amendment) Regulation 1997, published as Legal Notice No.515 of 1997 and laid on the table of the Provisional Legislative Council on 12 November 1997, be amended -
- in section 3, by adding in the new regulation 4A(a) "unless it is not appropriate" after "demolished";
- in section 6(3), by repealing "accept" in the proposed regulation 9(3)(b) and substituting "specify from time to time".
Question on the motion proposed, put and agreed to.
Public Finance Ordinance
The Secretary for the Treasury moved the motion in Appendix II and addressed the Council.
Question on the motion proposed, put and agreed to.
Public Finance Ordinance
The Secretary for the Treasury moved the following motion and addressed the Council:
That with effect from 31 December 1997 -
- this Council approves the transfer to the general revenue the balance of the Electrical and Mechanical Services Department Workshop Services Suspense Account as at 30 December 1997;
- the Electrical and Mechanical Services Department Workshop Services Suspense Account shall be closed and the resolution of the then Legislative Council relating to the account made and passed on 24 February 1993 (Cap. 2 sub. leg.) shall be cancelled accordingly;
- the Electrical and Mechanical Services Department Suspense Account shall be closed and the resolution of the then Legislative Council relating to the account made and passed on 28 November 1990 (Cap. 2 sub. leg.) shall be cancelled accordingly.
Question on the motion proposed, put and agreed to.
Hong Kong Export Credit Insurance Corporation Ordinance
The Secretary for Trade and Industry moved the following motion and addressed the Council:
That the contingent liability of the Hong Kong Export Credit Insurance Corporation under contracts of insurance shall not at any time exceed the sum of 10,000 million dollars.
Question on the motion proposed, put and agreed to.
Members' Motions
Interpretation and General Clauses Ordinance
Mrs Sophie LEUNG moved the following motion and addressed the Council:
That the Human Organ Transplant Regulation, published as Legal Notice No.551 of 1997 and laid on the table of the Provisional Legislative Council on 26 November 1997, be amended -
(a) in section 3 -
(i) in subsection (1)-
(A) by renumbering paragraphs (b) and (c) as paragraphs (c) and (d) respectively;
(B) by adding -
"(b) a medical practitioner authorized by an organ bank in the case where a technician appointed by the bank removed an organ from a dead donor in Hong Kong, for the purpose of its being transplanted into another person, shall supply the relevant information in Form 1 in the Schedule. In the case where the organ bank is established under a hospital or institution, the authorization of medical practitioner(s) or appointment of technician(s) shall be given or made by the hospital or institution;";
(ii) in subsection (2), by repealing "(b)" and substituting "(c)";
(iii) by renumbering subsections (3) and (4) as subsections (4) and (5) respectively;
(iv) by adding -
"(3) For the purposes of subsection (1)(b), where a medical practitioner authorized by an organ bank shall supply the relevant information, the medical practitioner in charge of the organ bank, whether or not the bank is established under a hospital or institution, shall ensure that the relevant information is supplied.";
(b) in the Schedule -
(i)in Form 1 -
(A) by repealing "[s. 3(1) & (4)]" and substituting "[s. 3(1) & (5)];
(B) by repealing Note 1 and substituting -
"1. This form must be completed by the medical practitioner who removed the organ(s) or the medical practitioner authorized by the organ bank in the case where the technician appointed by the bank removed the organ(s) from the dead donor or, where no organ was removed but prior approval was given by the Board, it must be completed by the person who caused the matter to be referred to the Board for its approval or, where that person is no longer involved, by the person who made the decision not to remove the organ. Where more than one medical practitioner was involved in removing the organ, any of them can submit the information in Form 1. However, the medical practitioner who was in charge of the operation or the medical practitioner who is in charge of the organ bank is responsible for ensuring that Form 1 is submitted.";
(ii) in Part I of Form 2, by repealing " " and substituting " ".
Question on the motion proposed.
A Member spoke on the motion.
Mrs Sophie LEUNG replied.
Question on the motion put and agreed to.
Developing the territory's high value-added industries
Prof NG Ching-fai moved the following motion and addressed the Council:
That this Council urges the Government to implement the commitments made in the Chief Executive's Policy Address on 8 October by showing concern for the employment problems arising from the restructuring of the economy, and by promoting the development of high value-added manufacturing and high-technology industries in the territory; in so doing, the Government must expeditiously:
- explore ways to resolve the practical problems currently faced by the industrial sector and put in efforts to adjust the administrative organ which deals with the territory's industrial development, thereby enhancing the productivity of local industries and speeding up technological transfer;
- promote the upgrading and transformation of existing industries, develop high value-added and high-technology industries, and enhance technological cooperation between Hong Kong and the Mainland; and
- strengthen the mid-stream forces in the process of technological transfer, set up an institute of research on industrial technology in Hong Kong to enhance the capability of our enterprises in developing new technology-intensive products.
Question on the motion proposed.
Three Members spoke on the motion.
At 5:15 pm, the President's Deputy took the chair during the temporary absence of the President.
Another seven Members spoke on the motion.
At 6:00 pm, the President resumed the chair.
Two more Members and the Secretary for Trade and Industry spoke on the motion.
Prof NG Ching-fai replied.
Question on the motion put and agreed to.
Immigration control measures
Mr LAU Kong-wah moved the following motion and addressed the Council:
That, as residents of Hong Kong and the Guangdong Province are travelling more frequently between the two places, this Council urges the Government to expeditiously extend the operating hours of the immigration control points for travellers and provide public transport terminals close to the Lo Wu crossing with a view to progressively opening the crossing round the clock; and also urges the Government to strengthen the security and management of the areas adjacent to the regional boundary, so as to effectively intercept illegal immigrants.
Question on the motion proposed.
Seven Members and the Secretary for Security spoke on the motion.
Mr LAU Kong-wah 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 7 January 1998 at 2:30 pm.
The Council was adjourned at 7:57 pm.
(Mrs Rita FAN)President
Council Chamber
Hong Kong
