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Provisional Legislative Council
PLC Paper No. 65/96-97
Ref : PLC/C/3
Minutes of the Meeting of the Provisional Legislative Council
held on Saturday 22 February 1997 at 9:00 am
Members present:
President
The Honourable Mrs Rita FAN
The Honourable WONG Siu-yee
The Honourable TIEN Pei-chun, James
The Honourable CHU Yu-lin, David
The Honourable HO Sai-chu
The Honourable HO Sing-tin, Edward
Dr the Honourable HO Chung-tai
The Honourable NG Leung-sing
The Honourable NG Ching-fai
The Honourable LI Ka-cheung, Eric
The Honourable LEE Kai-ming
The Honourable LEE Peng-fei, Allen
The Honourable Mrs TU, Elsie
The Honourable Mrs CHOW LIANG Shuk-yee, Selina
The Honourable Mrs LAM, Peggy
The Honourable WU, Henry
The Honourable NGAI Shiu-kit
The Honourable TANG Ying-yen, Henry
The Honourable YUEN Mo
The Honourable MA Fung-kwok
The Honourable CHEUNG Hon-chung
The Honourable Mrs TSO WONG Man-yin
The Honourable LEUNG Chun-ying
Dr the Honourable LEONG Che-hung
The Honourable Mrs LEUNG LAU Yau-fan, Sophie
The Honourable MOK Ying-fan
The Honourable HUI Yin-fat
The Honourable CHAN Choi-hi
The Honourable CHAN Yuen-han
The Honourable CHAN Wing-chan
The Honourable CHAN Kam-lam
The Honourable TSANG Yok-sing
The Honourable CHENG Kai-nam
The Honourable FUNG Kin-kee, Frederick
The Honourable WONG Wang-fat, Andrew
The Honourable WONG Yu-hong, Philip
The Honourable WONG Ying-ho, Kennedy
The Honourable YEUNG Chun-kam
The Honourable YEUNG Yiu-chung
The Honourable IP Kwok-him
The Honourable CHIM Pui-chung
The Honourable LIU Sing-lee, Bruce
The Honourable LAU Kong-wah
The Honourable LAU Wong-fat
The Honourable Mrs LAU Kin-yee, Miriam
The Honourable LAU Hon-chuen, Ambrose
The Honourable CHOY Kan-pui
The Honourable CHENG Ming-fun, Paul
The Honourable CHENG Yiu-tong
Dr the Honourable TANG Siu-tong
The Honourable FOK, Timothy
The Honourable KAN Fook-yee
The Honourable NGAN Kam-chuen
The Honourable LO Suk-ching
The Honourable LAW Cheung-kwok
The Honourable TAM Wai-chu, Maria
The Honourable TAM Yiu-chung
Members absent:
The Honourable LI Kwok-po, David
The Honourabke ARCULLI, Ronald
The Honourable YOUNG, Howard
Clerk in attendance:
Ms NG Man-wah, Pauline, Clerk to the Provisional Legislative Council
Obituary Tribute to the late DENG Xiaoping
The Council observed three minutes' silence as a token of respect for the late DENG Xiaoping.
The President addressed the Council in paying tribute to the late DENG Xiaoping.
Papers
Before speaking on the papers presented to the Council, the President advised the Council that in the absence of an agreed
set of rules of procedures for the Council, she would apply the following rules for this meeting: that the quorum for the meeting
would be one-half of the Members of the Council; that she would allow short questions from Members for the purpose of
elucidating matters in relation to the papers presented under Item II but no debate would be allowed; that on each of the four
motions under Item III, Members could seek elucidation and the mover of the motion would be invited to respond
immediately, or Members could express opinions on the resolutions and the mover of the motion would reply after all
Members had spoken; that all voting would be done by a show of hands and the President would give a casting vote in the
case of a tie and the casting vote would be guided by the principle of keeping the issue open for future discussion.
The following papers were presented to the Council:
1. President's report: Interim Administrative Arrangements for Servicing the Provisional Legislative Council
2. President's report: Setting-up of Working Groups to Consider Administrative and Procedural Matters
When inviting Mr WONG Siu-yee to move his motion on the setting-up of the Working Group on Administrative Matters, Mr
FUNG Kin-kee asked if Members could raise questions on the President's reports. Ms CHAN Yuen-han also echoed this
point. The President clarified that she had already advised Members at the start of the meeting that Members could seek
elucidation on matters relating to the reports. Since no one raised his hand when she paused after addressing the Council on
the two reports, she had to proceed to the next item of business. She then sought Mr WONG Siu-yee's agreement to defer
moving his motion and invited Members to indicate if they wished to seek elucidation on the content of the reports.
Five Members asked questions and the President responded.
Motions
Resolution on the setting-up of the Working Group on Administrative Matters
Mr WONG Siu-yee moved the following resolution:
"That a Working Group on Administrative Matters shall be set up with the following members:
Hon WONG Siu-yee
Hon James TIEN Pei-chun
Hon Mrs Peggy LAM
Hon MA Fung-kwok
Hon MOK Ying-fan
Hon NGAI Shiu-kit
Dr Hon LEONG Che-hung
Hon IP Kwok-him
Hon YEUNG Yiu-chung
Hon Paul CHENG Ming-fun
Hon TANG Siu-tong
Hon LAU Kong-wah
who shall elect a Convenor and Deputy Convenor from among themselves and that the Working Group shall
be authorised to determine, subject to any rules of procedure of the Council, its own practice and procedure
and shall propose as soon as practicable the terms of reference of the Working Group to the Council for
approval."
Question on Mr WONG Siu-yee's motion proposed.
Question on Mr WONG Siu-yee's motion put. The President asked Members to indicate by a show of hands in the order of
whether they were in favour of, against or in absention of the motion. All 56 Members voted in favour; no Member voted
against or in abstention. The President declared that that Mr WONG Siu-yee's motion was agreed.
Resolution on the setting-up of the Working Group on Rules of Procedure
Mr James TIEN moved the following resolution:
"That a Working Group on Rules of Procedure shall be set up with the following members :
Hon Mrs Elsie TU
Hon HO Chung-tai
Hon Mrs Selina CHOW
Hon Dominic CHAN
Hon CHAN Yuen-han
Hon Andrew WONG Wang-fat
Hon Kennedy WONG Ying-ho
Hon CHENG Kai-nam
Hon Bruce LIU Sing-lee
Hon Mrs Miriam LAU Kin-yee
Hon Ambrose LAU Hon-chuen
Hon Maria TAM Wai-chu
who shall elect a Convenor and Deputy Convenor from among themselves and that the Working Group shall
be authorised to determine, subject to any rules of procedure of the Council, its own practice and procedure
and shall propose as soon as practicable the terms of reference of the Working Group to the Council for
approval."
Question on Mr James TIEN's motion proposed.
Mr FUNG Kin-kee asked if the practice and procedure determined by the Working Group for its own use would also apply
to other committees of the Council. Mr James TIEN confirmed that the procedure would only apply to the Working Group.
Question on Mr James TIEN's motion put. The President asked Members to indicate by a show of hands in the order of
whether they were in favour of, against, and in abstention of the motion. All 56 Members voted in favour of the motion; no
Member voted against or in abstention. The President declared that Mr James TIEN's motion was carried.
The President suspended the meeting at 9:40 a.m.
The Council resumed at 11:25 a.m.
Resolution on the terms of reference of the Working Group on Administrative Matters
The President invited Mr IP Kwok-him, the newly elected Convenor of the Working Group on Administrative Matters, to
move the motion.
Mr IP Kwok-him moved the following motion:
(Translation)
" That the Working Group should be responsible to the Provisional Legislative Council regarding the following
matters; and should conduct reviews at appropriate times and report periodically to the Provisional Legislative
Council:
| (a) | to provide administration support and services through a Secretariat to the Provisional Legislative Council
(the Council), including the staffing structure, terms of employment, office accommodation and other
administrative arrangements pertaining to the smooth functioning of the Council and its committees/working
groups;
| | (b) | to monitor the operation of the Secretariat;
| | (c) | to oversee the domestic arrangements for meetings of the Council and its committees/working groups;
| | (d) | to deliberate on matters relating to the registration of Members' interests, honorarium and allowances for
Members, services to Members and other administrative arrangements to facilitate the work of members,
and to make recommendations to the Council on such matters; and
| | (e) | to perform such other duties as the Council may by resolution determine."
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Question on Mr IP Kwok-him's motion proposed.
14 Members spoke on the motion.
Mr IP Kwok-him moved to amend his original motion as follows:
" (translation) To remove "and should conduct reviews at appropriate times and report periodically to the
Provisional Legislative Council." and place this phrase at the end of the resolution, after "may by resolution
determine."; change (a), (b), (c), (d) and (e) to (1), (2), (3), (4) and (5); change "the Provisional Legislative
Council" under item (a) (retitled (1)) to "the Council"; delete the first word under item (c) (retitled item (3))
and insert "ºÊ¹î¦³Ãö" to reflect the meaning of "to oversee"; change the word "registration" under item (d)
(retitled item (4) to "declaration"; and change the word "ÂÇ" under item (e) (retitled item (5)) to "¥H".
Three Members spoke on the amended motion.
In response to a Member's request, Mr IP Kwok-him withdrew his motion and the subsequent amendments, and asked the
Council to take note of the scope of the work of the Working Group on Administrative Matters as outlined in the proposed
terms of reference so that the Working Group would be able to proceed with its work. He also advised the Council that the
terms of reference would be put to the Council for its endorsement at the next meeting of the Council after the wording had
been refined based on the views expressed by Members.
In response to a Member's request, the President allowed Mr IP to give an account of the decisions made by the Working
Group at its meeting held during the adjournment of the Council meeting.
One Member raised question to seek elucidation on Mr IP's report.
Resolution on the terms of reference of the Working Group on Rules of Procedure
The President invited Mrs Selina CHOW, the newly elected Convenor of the Working Group on Rules of Procedure, to
move her motion.
Mrs Selina CHOW moved the following motion:
| "(a) | to deliberate and propose to the Council for its endorsement the rules of procedures to be adopted for the
Council and its committees/working groups
| | (b) | to study and/or review the committee system of the Council at various stages of its work and make
recommendations to the Council;
| | (c) | to formulate internal practices for adoption by the Council and its committees/working groups in the
conduct of business in meetings;
| | (d) | to consult regularly with the President on matters of practice and procedure in conducting business of the
Council; and
| | (e) | to examine any procedural matters as referred to it by the Council, the President, or raised by members of
the Working Group."
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Eight Members spoke on the motion.
Having regard to Members' views on the wording of the motion, Mrs Selina CHOW advised the Council that she would also
put the resolution back to the Council for its next meeting after refining the wording. In the meantime, the Working Group on
Rules of Procedure would proceed to carry out its business along the terms of reference as outlined in the resolution.
In response to a Member's request and with the permission of the President, Mr IP Kwok-him reported that he was elected
the Convenor of the Working Group on Administrative Matters, and Mrs Peggy LAM the Deputy Convenor.
Mrs Selina CHOW reported that she was elected the Convenor of the Working Group on Rules of Procedure, and Ms Maria
TAM the Deputy Convenor.
Next meeting
The President advised the Council of the provisional dates of the Council's future meetings.
4 Members raised questions on the choice of venue for the meetings of the Council and dates for future meetings. The
President responded.
The President declared that the next meeting of the Council would be held on 22 March 1997. The meeting was adjourned at
12:21 p.m.
(Mrs Rita FAN)
President
14 March 1997
Huaxia Art Centre
Shenzhen
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