Provisional Legislative Council
PLC Paper No. 61
Ref : PLC/C/3
Minutes of the Meeting of the Provisional Legislative Council held on Saturday 21 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
Dr Hon David LI Kwok-po, 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
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 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 Wai-chu, Maria
The Hon TAM Yiu-chung, JP
Members absent:
The Hon CHEUNG Hon-chung
The Hon LEUNG Chun-ying, JP
The Hon YEUNG Yiu-chung
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
Papers
Mr Paul CHENG, Chairman of the Bills Committee, presented the report of the Bills Committee on Immigration (Amendment) (No.3) Bill 1997 and addressed the Council.
(PLC Paper No. 446/96-97 issued under the cover of PLC Paper No. 460/96-97 on 18 June 1997)
The Secretary for Justice presented the Introduction to Hong Kong Reunification Bill and addressed the Council.
(PLC Paper Nos. 472/96-97 and 477/96-97 issued on 19 June 1997)
Bills
Second Reading
Hong Kong Court of Final Appeal (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 7 June 1997.
Two Members spoke on the motion.
The Secretary for Justice replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Judicial Service Commission (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 7 June 1997.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Immigration (Amendment) (No.3) Bill 1997
Resumption of debate on Second Reading which had been moved on 7 June 1997.
11 Members spoke on the motion.
The Secretary for Justice replied.
Question on Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Oaths and Declarations (Amendment) Bill 1997
Resumption of debate on Second Reading which had been moved on 14 June 1997.
Question on 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 :
Hong Kong Court of Final Appeal (Amendment) Bill 1997
Question that the following clauses stand part of the Bill proposed.
Question on clauses 1, 3, 5, 6, 9 to 17 put and agreed to.
The Secretary for Justice moved amendments to clauses 2, 4, 7, 8, 18 and 19 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 2, 4, 7, 8, 18 and 19, as amended, stand part of the Bill put and agreed to.
Judicial Service Commission (Amendment) Bill 1997
Question that the following clauses stand part of the Bill proposed.
Question on clause 3 and the English texts of clauses 8 and 9 put and agreed to.
The Secretary for Justice moved amendments to clauses 1, 2, 4 to 7 as well as amendments to the Chinese text of clause 8.
Question on the amendments put and agreed to.
Question that clauses 1, 2, 4 to 7 and the Chinese text of clause 8, as amended, stand part of the Bill put and agreed to.
New clause 4A and the new Chinese text of clause 8 read the first time.
The Secretary for Justice moved the Second Reading of new clause 4A and the new Chinese text of clause 8 and addressed the Committee. Question on the Second Reading of new clause 4A and the new Chinese text of clause 8 proposed, put and agreed to.
New clause 4A and the new Chinese text of clause 8 read the second time.
The Secretary for Justice moved the addition of new clause 4A and the new Chinese text of clause 8 to the Bill. Question on the addition proposed, put and agreed to.
The Secretary for Justice moved an amendment to the long title.
Question on the amendment put and agreed to.
Immigration (Amendment) (No.3) Bill 1997
Question that the following clauses stand part of the Bill proposed.
Question on clause 1 put and agreed to.
The Secretary for Justice moved an amendment to clause 2.
Question on the amendment put and agreed to.
Question that clause 2, as amended, stand part of the Bill put and agreed to.
The Secretary for Justice moved an amendment to clause 3.
Question on the amendment put and agreed to.
Question that clause 3, as amended, stand part of the Bill put and agreed to.
The Secretary for Justice 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 Justice moved an amendment to clause 5.
Question on the amendment put and agreed to.
Question that clause 5, as amended, stand part of the Bill put and agreed to.
The Secretary for Justice moved an amendment to clause 6 and addressed the Committee.
Question on the amendment put and agreed to.
Question that clause 6, as amended, stand part of the Bill put and agreed to.
The Secretary for Justice 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.
Oaths and Declarations (Amendment) Bill 1997
Question that the following clauses and schedule stand part of the Bill proposed.
Question on clauses 1, 2, 4 to 8, 10, 11, 12, 14, 15, 16, 19 and schedule put and agreed to.
The Secretary for Policy Co-ordination moved amendments to clauses 3, 9, 13, 17 and 18.
Question on the amendments put and agreed to.
Question that clauses 3, 9, 13, 17 and 18, as amended, stand part of the Bill put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Justice reported that
the Hong Kong Court of Final Appeal (Amendment) Bill 1997
the Judicial Service Commission (Amendment) Bill 1997
and
the Immigration (Amendment) (No.3) Bill 1997
had passed through Committee with amendments. She moved that these three Bills be read the third time and do pass.
Question on the Third Reading of the three Bills proposed, put and agreed to.
Bills read the third time and passed.
The Secretary for Policy Co-ordination reported that
the Oaths and Declarations (Amendment) Bill 1997
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.
Members' Motion
To amend the Rules of Procedure of the Provisional Legislative Council of the Hong Kong Special Administrative Region
Mrs Selina CHOW moved the following motion and addressed the Council:
That the Chinese version of the Rules of Procedure of the Provisional Legislative Council of the Hong Kong Special Administrative Region made on 12 April 1997 and the English version of the Rules of Procedure of the Provisional Legislative Council of the Hong Kong Special Administrative Region made on 3 May 1997 by this Council be amended respectively as follows－
(A) in the Chinese version－
- in Rule 12－
- by deleting the heading and substituting －
“12. 行政長官發表施政報告”；
- in subrule (1), by deleting “在不抵觸本條第(5)款的情況下，” and“首次”；
- by deleting subrule (5)；
- in Rules 18(1), 19(4) and 23(5), by deleting “(香港特別行政區成立後的首次會議的程序)”
and substituting “(行政長官發表施政報告)”；
- in Rule 32, by adding “第65條(法案的確認)及”
and “或除非在香港特別行政區成立前已對某
一議題作出決定，但其後因涉及《基本法》內
有關立法機關的職權的條文而需再次考慮者外
，” respectively before and after “第67條(行
政長官發回已通過的法案予臨時立法會重議)
另有規定外，”；
- in Rule 36(5), by adding “及第65(3)條(法案的
確認)” before “另有規定外”；
- in Rule 41(3), by adding “第65條(法案的確認)
及” before “第67條”；
- in Rule 51(7)(a), by adding “第65(1)(b)條(法案
的確認)及” before “第67條”；
- in Rule 54(4), by adding “及第65(3)(a)條(法案
的確認)” after “撥款法案”；
- by deleting Rule 65 and substituting－
“65. 法案的確認
- 在香港特別行政區成立前經三讀並獲通過的
法案在香港特別行政區成立後，須－
- 由負責有關法案的官員(如議案所確
認的法案超過一條，則由負責該等
法案的任何一位官員)動議一項可
無經預告的議案，進行確認，而該
項議案在通過後，不可動議其他議
案將之撤銷；或
- 由在香港特別行政區成立後進行首
讀的另一條法案進行確認。
- 本條第(1)(a)款所述的議案不容修正或辯論
而付諸表決。
- 就具有根據本條第(1)(b)款任何確認其他法
案的效力的法案所進行的程序而言－
- 在負責該法案的官員就現即二讀該
法案的議案發言後，辯論須即時進
行，並且不容中止至另一次會議待
續；
- 全體委員會主席只可在例外情況下
根據第57(2)條許可對該法案動議修
正案，惟只是欠缺足夠時間以容許
該條規定得以遵從不足以構成一種
例外情況；及
- 議員如未獲臨時立法會主席或全體
委員會主席許可，發言不得超過3
分鐘，上述許可只會在例外情況下
給予，惟該等時限並不適用於獲委
派官員。”；
(B) in the English version－
- in Rule 12－
- by deleting the title and substituting－
“12.The Chief Executive ' s Address”；
- in subrule (1), by deleting “Subject to subrule (5) of this Rule, the”, and substituting “The”, and deleting “at the first meeting”；
- by deleting subrule (5)；
- in Rules 18(1),19(4) and 23(5), by deleting “(Proceedings at the First Meeting after the Establishment of the Hong Kong Special Administrative Region)” and substituting “(The Chief Executive ' s Address)”；
- in Rule 32, by adding “Rule 65 (Confirmation of Bills) and ” and “or unless a specific question decided upon before the establishment of the Hong Kong Special Administrative Region is required to be reconsidered thereafter in relation to the powers and functions of the legislature under the Basic Law” respectively before and after
“Rule 67 (The Chief Executive Returning a Bill Passed to the Council for Reconsideration)”；
- in Rule 36(5), by adding “and Rule 65(3) (Confirmation of Bills)” before “, a Member”；
- in Rule 41(3), by adding “Rule 65 (Confirmation of Bills) and” before “Rule 67”；
- in Rule 51(7)(a), by adding “Rule 65(1)(b) (Confirmation of Bills) and” before “Rule 67”；
- in Rule 54(4), by adding “and Rule 65(3)(a) (Confirmation of Bills)” after “Appropriation Bills”；
- by deleting Rule 65 and substituting－
“65. Confirmation of Bills
- A bill which has been read the third time and passed before the establishment of the Hong Kong Special Administrative Region shall be subject to confirmation after such establishment by -
- a motion, which may be moved without notice by the public officer in charge of the bill (or any of the public officers in charge if the motion is in respect of more than one of such bills) and after the motion has been passed, no motion may be moved to rescind it; or
- another bill presented for first reading after the establishment of the Hong Kong Special Administrative Region.
- The motion under subrule (1)(a) shall be voted on without amendment or debate.
- For the purposes of proceedings upon a bill which has any effect of confirming another bill under subrule (1)(b) -
- when the public officer in charge of the bill has spoken on a motion that the bill be now read the second time, the debate shall immediately be proceeded with and no adjournment until another meeting is allowed;
- the Chairman may give leave for amendment to be moved to the bill under Rule 57(2) only in exceptional circumstances, and the lack of sufficient time to allow compliance with that Rule shall not by itself constitute an exceptional circumstance; and
- a Member shall not, without the permission of the President or the Chairman, to be given only in exceptional circumstances, make a speech lasting more than 3 minutes but the restriction shall not apply to designated public officers ”.
Question on the motion proposed, put and agreed to.
Next meeting
The President declared that the next meeting of the Council would be held at 2:45 am on 1 July 1997 at Meeting Room 201 (Eagle Site) at level 2, Hong Kong Convention and Exhibition Centre Extension.
The meeting was adjourned at 11:40 am.
(Mrs Rita FAN)
President
August 1997
Huaxia Art Centre
Shenzhen
