Provisional Legislative Council
PLC Paper No. CB(3) 596
Minutes of the meeting held on
Wednesday 21 January 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
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, 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
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
Members absent:
The Hon Edward HO Sing-tin, JP
Dr Hon David LI Kwok-po, JP
The Hon NGAI Shiu-kit, JP
The Hon LEUNG Chun-ying, JP
Public officers attending:
- Mr Michael SUEN Ming yeung, 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
- Mrs Katherine FOK LO Shiu ching, JP
- Secretary for Health and Welfare
- 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
- 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
- Mr LEUNG Chin-man, JP
- Secretary for Housing
- Mr TAM Wing-pong, JP
- Secretary for Trade and Industry
- Mr Clement MAK Ching-hung
- Secretary for Constitutional Affairs
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- Deputy Secretary General
- Mrs Justina LAM CHENG Bo-ling,
- Assistant Secretary General (2)
- 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. Smoking (Public Health) (Amendment) Regulation 1998
| 13/98
|
| 2. Waste Disposal (Refuse Transfer Station) Regulation
| 14/98
|
| 3. Road Traffic (Public Service Vehicles) (Amendment) Regulation 1998
| 15/98
|
| 4. Securities and Futures Commission (Levy) (Securities) (Amendment) Order 1998
| 16/98
|
| 5. Aerial Ropeways (Fees) (Amendment) Regulation 1998
| 17/98
|
| 6. Amusement Rides (Safety) (Fees) (Amendment) Regulation 1998
| 18/98
|
| 7. Electoral Affairs Commission (Nominations Advisory Committees) Regulation
| 19/98
|
| 8. Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation
| 20/98
|
| 9. Electricity (Registration) (Amendment) Regulation 1998
| 21/98
|
| 10. Electricity (Wiring) (Amendment) Regulation 1998
| 22/98
|
| 11. Gas Safety (Gas Supply) (Amendment) Regulation 1998
| 23/98
|
| 12. Gas Safety (Registration of Gas Installers and Gas Contractors) (Amendment) Regulation 1998
| 24/98
|
| 13. Gas Safety (Registration of Gas Supply Companies) (Amendment) Regulation 1998
| 25/98
|
| 14. Ferry Services (Amendment) Regulation 1998
| 26/98
|
| 15. Road Traffic (Parking) (Amendment) Regulation 1998
| 27/98
|
| 16. Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 1998
| 28/98
|
| 17. Road Tunnels (Government) (Amendment) Regulation 1998
| 29/98
|
| 18. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1998
| 30/98
|
| 19. Road Traffic (Public Service Vehicles) (Amendment) (No.2) Regulation 1998
| 31/98
|
| 20. Road Traffic (Parking on Private Roads) (Amendment) Regulation 1998
| 32/98
|
| 21. Road Traffic Ordinance (Amendment of Schedule 3) Order 1998
| 33/98
|
| 22. Road Traffic Ordinance (Amendment of Schedule 5) Order 1998
| 34/98
|
| 23. Road Traffic Ordinance (Amendment of Schedule 8) Order 1998
| 35/98
|
| 24. Child Abduction and Custody (Parties to Convention) Order
| 36/98
|
| 25. Medical Practitioners (Fees) Order
| 37/98
|
| 26. Airport Authority Ordinance (Map of Airport Area) Order
| 38/98
|
| 27. Antiquities and Monuments (Declaration of Historical Building) (No.2) Notice 1997
| 39/98
|
| 28. Waste Disposal (Refuse Transfer Station) Regulation (L.N.14 of 1998) (Commencement) Notice 1998
| 40/98
|
| 29. Airport Authority Bylaw (L.N.10 of 1998) (Commencement) Notice 1998
| 41/98
|
| 30. Fugitive Offenders (United States of America) Order (L.N.203 of 1997) (Commencement) Notice 1998
| 42/98
|
| 31. Legislative Council (Election Petition) Rules
| 43/98
|
Sessional Papers
| No.66- | Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 1997
|
| No.67- | Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1997-98
Public Finance Ordinance: Section 8
|
| No. 68- | The Legislative Council Commission
Annual Report 1996 1997
|
Questions
1. Mr Ambrose LAU asked Question 1.
The Secretary for Economic Services replied.
Five Members asked supplementaries. The Secretary for Economic Services and the Secretary for Health and Welfare replied.
2. Dr LAW Cheung-kwok asked Question 2.
The Secretary for Trade and Industry replied.
Three Members asked supplementaries and the Secretary for Trade and Industry replied.
3. Mr LO Suk-ching asked Question 3.
The Secretary for Education and Manpower replied.
Eight Members asked supplementaries and the Secretary for Education and Manpower replied.
4. Mr WONG Siu-yee asked Question 4.
The Secretary for Constitutional Affairs replied.
Four Members asked supplementaries. The Secretary for Constitutional Affairs and the Secretary for Broadcasting, Culture and Sport replied.
5. Ms CHOY So-yuk asked Question 5.
The Secretary for the Treasury replied.
Five Members asked supplementaries. The Secretary for the Treasury and the Secretary for Works replied.
6. Mr CHAN Choi-hi asked Question 6.
The Secretary for Home Affairs replied.
Four Members asked supplementaries. The Secretary for Home Affairs and the Secretary for Housing replied.
Written replies to Questions 7 to 20 were tabled for Members�information.
Bills
First Reading
Roads (Works, Use and Compensation) (Amendment) Bill 1998
Fire Safety (Commercial Premises) (Amendment) Bill 1998
Criminal Procedure (Amendment) Bill 1998
Land (Compulsory Sale for Redevelopment) Bill
Foreshore and Sea bed (Reclamations) (Amendment) Bill 1998
Prevention of Copyright Piracy Bill
Hong Kong Bill of Rights (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
Roads (Works, Use and Compensation) (Amendment) Bill 1998
The Secretary for Transport 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.
Fire Safety (Commercial Premises) (Amendment) Bill 1998
Criminal Procedure (Amendment) Bill 1998
The Secretary for Security 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.
Land (Compulsory Sale for Redevelopment) Bill
Foreshore and Sea bed (Reclamations) (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.
Prevention of Copyright Piracy Bill
The Secretary for Trade and Industry 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.
Hong Kong Bill of Rights (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
Fixed Penalty (Traffic Contraventions) Ordinance
The Secretary for Transport moved the following motion and addressed the Council:
That, with effect from 1 March 1998, section 20B(1) of the Fixed Penalty (Traffic Contraventions) Ordinance be amended by repealing "$440" and substituting "$500".
Question on the motion proposed, put and agreed to.
Fixed Penalty (Criminal Proceedings) Ordinance
The Secretary for Transport moved the following motion and addressed the Council:
That, with effect from 1 March 1998, section 9(1) of the Fixed Penalty (Criminal Proceedings) Ordinance be amended by repealing "$440" and substituting "$500".
Question on the motion proposed, put and agreed to.
Road Traffic (Driving offence Points) Ordinance
The Secretary for Transport moved the motion in Appendix I and addressed the Council.
Question on the motion proposed, put and agreed to.
Legislative Provisions (Suspension of Operation) Ordinance 1997
The Secretary for Home Affairs moved the following motion and addressed the Council:
That pursuant to section 2(3) of the Legislative Provisions (Suspension of Operation) Ordinance 1997, the period during which subsection (1) of that section (which subsection suspends the operation of the Hong Kong Bill of Rights (Amendment) Ordinance 1997 (107 of 1997)) has effect shall be further extended to 28 February 1998 and accordingly subsection (2) of that section shall be read as if the date 28 February 1998 was substituted for the date 31 January 1998 specified in that subsection as read with the resolution made and passed by the Provisional Legislative Council under that section on 29 October 1997 (L.N. 498 of 1997).
Question on the motion proposed.
A Member spoke on the motion.
The Secretary for Home Affairs replied.
Question on the motion put.
Mr Andrew WONG 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 37 votes for the motion, six votes against it and no abstention. (Voting record in Appendix II.) She declared that the motion was carried.
Members' Motions
Interpretation and General Clauses Ordinance
Mr Bruce LIU moved the following motion and addressed the Council:
That the Maximum Scale of Election Expenses (Legislative Council) Order 1997, published as Legal Notice No. 605 of 1997 and laid on the table of the Provisional Legislative Council on 7 January 1998, be amended
- in section 2(1)(a), by repealing "$1,500,000" and substituting "$750,000";
- in section 2(1)(b), by repealing "$2,000,000" and substituting "$1,000,000";
- in section 2(1)(c), by repealing "$2,500,000" and substituting "$1,250,000";
- in section 2(2)(a), by repealing "$100,000" and substituting "$60,000";
- in section 2(2)(b)(i), by repealing "$160,000" and substituting "$100,000";
- in section 2(2)(b)(ii), by repealing "$320,000" and substituting "$120,000";
- in section 2(2)(b)(iii), by repealing "$480,000" and substituting "$140,000";
- in section 2(2)(c), by repealing "$160,000" and substituting "$100,000";
- in section 2(3)(a), by repealing "$100,000" and substituting "$60,000";
- in section 2(3)(b)(i), by repealing "$160,000" and substituting "$100,000";
- in section 2(3)(b)(ii), by repealing "$320,000" and substituting "$120,000";
- in section 2(3)(b)(iii), by repealing "$480,000" and substituting "$140,000";
- in section 2(3)(c)(i), by repealing "$160,000" and substituting "$100,000";
- in section 2(3)(c)(ii), by repealing "$320,000" and substituting "$120,000";
- in section 2(3)(c)(iii), by repealing "$480,000" and substituting "$140,000".
Question on the motion proposed.
Four Members and the Secretary for Constitutional Affairs spoke on the motion.
Mr Bruce LIU replied.
Question on the motion put.
Mr K K FUNG 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 12 votes for the motion, 24 votes against it and seven abstentions. (Voting record in Appendix III.) She declared that the motion was negatived.
Interpretation and General Clauses Ordinance
The President stated that Mr IP Kwok-him and Mr Bruce LIU had separately given notice to move a motion under the Interpretation and General Clauses Ordinance to amend the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation. As Mr IP Kwok-him's motion in Appendix IV and Mr Bruce LIU's motion in Appendix V related to the same subject matter, she proposed that the two motions be debated together in a joint debate. There being no dissenting voice, the President ordered that the two motions be debated together.
Mr IP Kwok-him moved the motion in Appendix IV and addressed the Council.
Question on Mr IP Kwok-him's motion proposed.
The President invited Mr Bruce LIU to speak on Mr IP Kwok-him's motion as well as on his own proposed motion. She added, however, that Mr Bruce LIU might not move his proposed motion unless Mr IP Kwok-him's motion was not agreed.
Mr Bruce LIU spoke on Mr IP Kwok-him's motion as well as on his own proposed motion.
A Member and the Secretary for Constitutional Affairs spoke on the motion and the proposed motion.
Question on Mr IP Kwok-him motion put.
Mr Bruce LIU 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 41 votes for the motion, four votes against it and no abstention. (Voting record in Appendix VI.) She declared that the motion was carried.
The President stated that Mr Bruce LIU might not move his proposed motion as it was inconsistent with the decision already taken.
Liquefied petroleum gas taxi scheme
Mr Allen LEE moved the following motion and addressed the Council:
That, in order to improve the increasingly worsening air quality in Hong Kong, this Council urges the Government to expeditiously put in place a liquefied petroleum gas taxi scheme and take the lead in promoting it, as well as establishing concessionary measures to encourage the participation of taxi operators; at the same time, the Government should study how the scheme can be extended to include private cars and should bring in suitable environmentally friendly fuels for heavy vehicles.
Question on the motion proposed.
11 Members and the Secretary for Planning, Environment and Lands spoke on the motion.
At 7:48 pm, the President's Deputy took the chair during the temporary absence of the President.
Mr Allen LEE replied.
Question on the motion put and agreed to.
Improving the mechanisms for managing infectious diseases and imported livestock quarantine
Mr CHAN Wing-chan moved the following motion and addressed the Council:
That this Council urges the Government to implement concrete measures to bring the livestock industry back to normal operation as soon as possible and to improve the mechanisms for managing infectious diseases and imported livestock quarantine, so as to restore the confidence of local people and overseas visitors in the territory hygiene; the effective measures to be expeditiously formulated by the Government should include:
- establishing a sound and comprehensive quarantine system for the importation of livestock to ensure that they meet safe hygiene standards;
- enhancing and improving the hygiene and sanitary conditions of livestock retail stalls and shops, markets and livestock farms; and
- enhancing the health education of the general public and employees in the livestock industry;
this Council also urges the Government to learn from the experience in dealing with the 'avian flu' incident, so that if similar incidents occur in the future, a central control centre comprising principal government officials should be set up expeditiously to formulate and execute comprehensive emergency measures and to disseminate information to and educate the general public.
Question on the motion proposed.
The Chief Secretary for Administration and four Members spoke on the motion.
At 8:55 pm, the President resumed the chair.
Another six Members, the Secretary for Health and Welfare and the Secretary for Economic Services spoke on the motion.
Mr CHAN Wing-chan 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 11 February 1998 at 2:30 pm.
The Council was adjourned at 10:00 pm.
(Mrs Rita FAN)President
Council Chamber
Hong Kong
