Council meeting (Minutes) 18 Mar 98

Provisional Legislative Council

PLC Paper No. CB(3) 801

Minutes of the meeting held on Wednesday
18 March 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
The Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
The Hon LEE Kai-ming
The Hon Mrs Elsie TU, GBM
The Hon Mrs Selina CHOW, JP
The Hon Mrs Peggy LAM, JP
The Hon Henry WU
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
The Hon Kennedy WONG Ying-ho
The Hon Howard YOUNG, JP
Dr Hon Charles YEUNG Chun-kam
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 NGAN Kam-chuen
Dr Hon LAW Cheung-kwok
The Hon TAM Yiu-chung, JP
The Hon CHOY So-yuk

Members absent:

Prof Hon NG Ching-fai
The Hon Allen LEE, JP
The Hon NGAI Shiu-kit, JP
The Hon LEUNG Chun-ying, JP
Dr Hon Philip WONG Yu-hong
The Hon YEUNG Yiu-chung
The Hon CHENG Yiu-tong
The Hon Timothy FOK Tsun-ting
The Hon KAN Fook-yee
The Hon LO Suk-ching

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 Nicholas NG Wing-fui, JP: Secretary for Transport
Mr Dominic WONG Shing-wah, JP: Secretary for Housing
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 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 LAM Woon-kwong, JP: Secretary for the Civil Service
Mr Stephen IP Shu-kwan, JP: Secretary for Economic Services
Mr David LAN Hong-tsung, JP: Secretary for Home Affairs
Mr Clement MAK Ching-hung: Secretary for Constitutional Affairs

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, JP: Secretary General
Mrs Justina LAM CHENG Bo-ling: Assistant Secretary General (2)

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. Housing (Amendment) Ordinance 1997 (108 of 1997) (Commencement) Notice 1998	180/98
2. Housing (Amendment) Ordinance 1998 (3 of 1998) (Commencement) Notice 1998	181/98
3. Consumer Goods Safety Regulation (L.N.110 of 1997) (Commencement) Notice 1998	182/98
4. Toys and Children's Products Safety Regulation (L.N.111 of 1997) (Commencement) Notice 1998	183/98

Sessional Papers

No.91-	Estimates for the year ending 31 March 1999 General Revenue Account Summaries and Revenue Analysis by Heads and Subheads
No.92-	Audited Statement of Accounts of the Sing Tao Foundation Students' Loan Fund together with the Director of Audit's Report for the year ended 31 August 1997
No.93-	Audited Statement of Accounts of the Hong Kong Rotary Club Students' Loan Fund together with the Director of Audit's Report for the year ended 31 August 1997

Report

Mr CHAN Kam-lam, Chairman of the Bills Committee on the Building Management (Amendment) Bill 1998, presented the Committee's report and addressed the Council.

Addresses

Mr James TIEN, Ms CHOY So-yuk, Mr CHAN Kam-lam and the Secretary for Economic Services addressed the Council respectively on the Telecommunication (Amendment) Regulation 1998 and the Telephone (Repeal) Regulation 1998, which are subsidiary legislation laid on the Table of the Council on 11 February 1998.

Questions

Written replies to Questions 1 to 12 were tabled for Members information.

Bills

Second Reading

Appropriation Bill 1998

The debate on the Second Reading which had been moved on 18 February 1998 resumed.

The Chief Secretary for Administration, the Secretary for Economic Services, the Secretary for Trade and Industry, the Secretary for Transport, the Secretary for Planning, Environment and Lands, the Secretary for Health and Welfare, the Secretary for Education and Manpower and the Secretary for Home Affairs spoke on the motion.

The Financial Secretary replied.

Question on the Second Reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Merchant Shipping (Registration) (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 11 February 1998 resumed.

Question on the Second Reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Building Management (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 11 February 1998 resumed.

A Member spoke on the motion.

The Secretary for Home Affairs replied.

Question on the Second Reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Committee Stage

The Council went into Committee and considered the following Bills:

Appropriation Bill 1998

In accordance with Rule 69 of the Rules of Procedure, the Committee first considered the schedule to the Bill.

Question that the sums for heads 21 to 31, 37, 39, 40, 42 to 48, 50, 51, 53, 55, 56, 58, 60 to 63, 70, 72, 73, 74, 76, 78, 80, 82, 90, 91, 92, 94, 96, 98, 100, 106, 110, 112, 114, 115, 116, 118, 120, 121, 122, 130, 136, 142 to 153, 160, 162, 163, 166, 168, 170, 173 to 178, 180, 181, 184, 186, 188, 190 and 194 stand part of the schedule proposed, put and agreed to.

Question that the schedule stand part of the Bill proposed, put and agreed to.

Question that clauses 1 and 2 stand part of the Bill proposed, put and agreed to.

Merchant Shipping (Registration) (Amendment) Bill 1998

Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.

Building Management (Amendment) Bill 1998

Question that clauses 1 to 3 and 6 to 10 stand part of the Bill proposed, put and agreed to.

Question that clauses 4 and 5 stand part of the Bill proposed.

The Secretary for Home Affairs moved amendments to clauses 4 and 5 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 4 and 5, as amended, stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Financial Secretary reported that

the Appropriation Bill 1998

had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

The Secretary for Economic Services reported that

the Merchant Shipping (Registration) (Amendment) Bill 1998

had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

The Secretary for Home Affairs reported that

the Building Management (Amendment) Bill 1998

had passed through Committee with amendments. He moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed, put and agreed to.

Bill read the third time and passed.

Motions

Mass Transit Railway Corporation Ordinance

The Secretary for Transport moved the following motion and addressed the Council:

That the Mass Transit Railway (Transport Interchange) Bylaw, made by the Mass Transit Railway Corporation on 2 March 1998, be approved.

Question on the motion proposed.

A Member spoke on the motion.

Question on the motion put and agreed to.

Family Status Discrimination Ordinance

The Secretary for Home Affairs moved the following motion and addressed the Council:

That the Code of Practice on Employment issued under section 47 of the Family Status Discrimination Ordinance, published as Government Notice No. 635 of 1998 and laid on the table of the Provisional Legislative Council on 18 February 1998, be amended-

(a) in paragraph 1.3, by adding " " before " ";

(b) in paragraph 2.4, by adding " " after " ";

(d) in the Chinese text, by repealing paragraph 3.2 and substituting -

"3.2 ";

(e) in paragraph 4.3, by repealing " ";

(f) in paragraph 6.1, by repealing everything from " " up to and including the colon and substituting -

" ";

(g) in paragraph 7.1, by adding "reasonably" before "intended";

(h) in paragraph 12.1.2, by repealing " " and substituting " ".

Question on the motion proposed, put and agreed to.

Members' Motions

Interpretation and General Clauses Ordinance

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

That the Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1998, published as Legal Notice No. 64 of 1998 and laid on the table of the Provisional Legislative Council on 11 February 1998, be repealed.

Question on the motion proposed, put and agreed to.

Interpretation and General Clauses Ordinance

Mr CHAN Kam-lam moved the following motion and addressed the Council:

That in relation to the Attachment of Income Order Rules, published as Legal Notice No. 118 of 1998, and laid on the table of the Provisional Legislative Council on 25 February 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 1 April 1998.

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 25 March 1998 at 2:30 pm.

The Council was adjourned at 5:26 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong