Provisional Legislative Council

PLC Paper No. CB(3) 834


Minutes of the meeting held on Wednesday 25 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 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
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 Ronald ARCULLI, 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
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 David CHU Yu-lin
Dr Hon David LI Kwok-po, JP
The Hon Howard YOUNG, JP

Public officers attending:

The Honourable Mrs Anson CHAN, JP
The Chief Secretary for Administration

The Honourable Donald TSANG Yam-kuen, JP
The Financial Secretary

Mr I G M WINGFIELD, JP
The Secretary for Justice

Mr Michael SUEN Ming-yeung, JP
Secretary for Constitutional Affairs

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

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 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

Ms Pauline NG Man-wah,
Assistant Secretary General (1)

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. Designation of Libraries (Urban Council Area) Order 1998

188/98

2. Declaration of Markets in the Urban Council Area (Amendment) Declaration 1998

189/98

3. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1998

190/98

4. Banking Ordinance (Declaration under section 2(14)(d))(No.3) Notice 1997 (Amendment) Notice 1998

191/98

5. Declaration of Change of Title (Secretary for Broadcasting, Culture and Sport) Notice 1998

192/98

6. Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69 of 1998) (Commencement) Notice 1998

193/98

Sessional Papers

No. 94 -

Report by the Commissioner of Correctional Services on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 1997

No. 95 -

Report by the Commissioner of Correctional Services on the Administration of the Prisoners' Welfare Fund for the year ended 31 March 1997

No. 96 -

Consumer Council

Annual Report 1996-1997

No. 97 -

Report by the Commissioner of Correctional Services, Trustee of the Correctional Services Children's Education Trust for the period
1 September 1996 to 31 August 1997

No. 98 -

Report on the Administration of the Fire Services Welfare Fund together with the Director of Audit's Report and Audited Statement of Accounts for the year ended 31 March 1997

No. 99 -

Mass Transit Railway Corporation

Annual Report 1997

No. 100 -

Kowloon-Canton Railway Corporation

Annual Report 1997

Reports

Mrs Miriam LAU, Chairman of the Bills Committee on the Kowloon-Canton Railway Corporation (Amendment) Bill 1998, presented the Committee's report and addressed the Council.

Mr YUEN Mo, Chairman of the Bills Committee on the Roads (Works, Use and Compensation) (Amendment) Bill 1998, Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998 and Town Planning (Amendment) Bill 1998, presented the Committee's report and addressed the Council.

Mrs Selina CHOW, Chairman of the Bills Committee on the Fire Safety (Commercial Premises) (Amendment) Bill 1998, presented the Committee's report and addressed the Council.

Mr Ronald ARCULLI, Chairman of the Bills Committee on the Dutiable Commodities (Amendment) Bill 1998, presented the Committee's report and addressed the Council.

Mr MA Fung-kwok, Chairman of the Bills Committee on the Prevention of Copyright Piracy Bill, presented the Committee's report and addressed the Council.

Questions

1. Mr Bruce LIU asked Question 1.

The Secretary for Housing replied.

Six Members asked supplementaries and the Secretary for Housing replied.

2. Mr MA Fung-kwok asked Question 2.

The Secretary for Broadcasting, Culture and Sport replied.

A Member asked supplementaries. The Secretary for Broadcasting, Culture and Sport replied.

3. Mr James TIEN asked Question 3.

The Secretary for Constitutional Affairs replied.

Five Members asked supplementaries. The Secretary for Constitutional Affairs replied.

4. Mr CHAN Kam-lam asked Question 4.

The Secretary for Home Affairs replied.

Three Members asked supplementaries and the Secretary for Home Affairs replied.

5. Mr IP Kwok-him asked Question 5.

The Secretary for Constitutional Affairs replied.

Four Members asked supplementaries and the Secretary for Constitutional Affairs replied.

Written replies to Questions 6 to 19 were tabled for Members’ information.

Bills

Second Reading

Kowloon-Canton Railway Corporation (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 Transport replied.

Question on the Second Reading put and agreed to.

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

Roads (Works, Use and Compensation) (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 21 January 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.

Fire Safety (Commercial Premises) (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 21 January 1998 resumed.

Five Members spoke on the motion.

The Secretary for Security replied.

Question on the Second Reading put and agreed to.

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

Town Planning (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 Planning, Environment and Lands replied.

Question on the Second Reading put and agreed to.

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

Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 21 January 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.

Stamp Duty (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 4 March 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.

Estate Duty (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 4 March 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.

Air Passenger Departure Tax (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 4 March 1998 resumed.

A Member spoke on the motion.

The Secretary for the Treasury replied.

Question on the Second Reading put and agreed to.

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

Dutiable Commodities (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 4 March 1998 resumed.

Six Members spoke on the motion.

The Secretary for the Treasury replied.

Question on the Second Reading put and agreed to.

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

Prevention of Copyright Piracy Bill

The debate on the Second Reading which had been moved on 21 January 1998 resumed.

Three Members spoke on the motion.

The Secretary for Trade and Industry 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:

Kowloon-Canton Railway Corporation (Amendment) Bill 1998

Question that clauses 2, 4 and 6 to 14 stand part of the Bill proposed, put and agreed to.

Question that clauses 1, 3 and 5 stand part of the Bill proposed.

The Secretary for Transport moved amendments to clauses 1, 3 and 5 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 1, 3 and 5, as amended, stand part of the Bill proposed, put and agreed to.

Roads (Works, Use and Compensation) (Amendment) Bill 1998

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

Question that clause 2 stand part of the Bill proposed.

The Secretary for Transport moved an amendment to clause 2 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.

Fire Safety (Commercial Premises) (Amendment) Bill 1998

Question that clauses 1, 2, 3, 7, 9, 11 and 13 to 18 stand part of the Bill proposed, put and agreed to.

Question that clause 4 stand part of the Bill proposed.

The Chairman stated that the Secretary for Security and Mr CHAN Choi-hi had separately given notice to move an amendment to the definition of "commercial building" in clause 4(a)(iv). She proposed that the proposed amendments be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the proposed amendments be debated together.

The Chairman invited the Secretary for Security to move his amendment first as he was the Public Officer in charge of the Bill.

The Secretary for Security moved an amendment to the definition of "commercial building" in clause 4(a)(iv) and addressed the Committee.

The Chairman invited Mr CHAN Choi-hi to speak on the Secretary for Security's amendment as well as his own proposed amendment. She added, however, that Mr CHAN Choi-hi might not move his proposed amendment unless the Secretary for Security's amendment was not agreed.

Mr CHAN Choi-hi spoke on the Secretary for Security's amendment as well as his own proposed amendment.

A Member spoke on the amendment and the proposed amendment.

Mr CHAN Choi-hi spoke again on the amendment and the proposed amendment.

The Secretary for Security replied.

Question on the amendment to the definition of "commercial building" in clause 4(a)(iv) moved by the Secretary for Security put.

Mr CHAN Choi-hi claimed a division. The Chairman then ordered the Committee to divide under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were 42 votes for the amendment, one vote against it and no abstention. (Voting record in Appendix I.) She declared that the amendment was agreed.

The Chairman stated that Mr CHAN Choi-hi might not move his proposed amendment as it was inconsistent with the decision already taken.

The Secretary for Security moved further amendments to clause 4(a)(iv) regarding the definitions of "domestic" and "specified commercial building" and the addition of paragraph (c) to clause 4 and addressed the Committee.

Question on the amendments put and agreed to.

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

Question that clauses 5, 6, 19 and 20 stand part of the Bill proposed.

The Secretary for Security moved amendments to clauses 5, 6, 19 and 20 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 5, 6, 19 and 20, as amended, stand part of the Bill proposed, put and agreed to.

Question that clauses 8, 10 and 12 stand part of the Bill proposed.

The Secretary for Security moved amendments to clauses 8, 10 and 12 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 8, 10 and 12, as amended, stand part of the Bill proposed, put and agreed to.

Question that clause 21 stand part of the Bill proposed.

The Chairman stated that the Secretary for Security and Mr CHAN Choi-hi had separately given notice to move an amendment to the proposed schedule 4 in clause 21. She proposed that the proposed amendments be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the proposed amendments be debated together.

The Secretary for Security moved an amendment to the proposed schedule 4 in clause 21 and addressed the Committee.

The Chairman invited Mr CHAN Choi-hi to speak on the Secretary for Security's amendment as well as his own proposed amendment. She added, however, that Mr CHAN Choi-hi might not move his proposed amendment unless the Secretary for Security's amendment was not agreed.

Mr CHAN Choi-hi spoke on the Secretary for Security's amendment as well as his own proposed amendment.

The Secretary for Security replied.

Question on the amendment to the proposed schedule 4 in clause 21 moved by the Secretary for Security put.

Mr CHAN Choi-hi claimed a division. The Chairman then ordered the Committee to divide under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were 38 votes for the amendment, one vote against it and no abstention. (Voting record in Appendix II.) She declared that the amendment was agreed.

The Chairman stated that Mr CHAN Choi-hi might not move his proposed amendment as it was inconsistent with the decision already taken.

The Secretary for Security moved amendments to the proposed schedules 5 and 6 in clause 21 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clause 21, as amended, stand part of the Bill proposed, put and agreed to.

Town Planning (Amendment) Bill 1998

Question that clauses 1 and 5 stand part of the Bill proposed, put and agreed to.

Question that clauses 2 and 3 stand part of the Bill proposed.

The Secretary for Planning, Environment and Lands moved amendments to clauses 2 and 3 and addressed the Committee.

Question on the amendments put and agreed to.

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

Question that clause 4 stand part of the Bill proposed.

The Secretary for Planning, Environment and Lands moved an amendment to clause 4 and addressed the Committee.

Question on the amendment put and agreed to.

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

Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998

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

Question that clause 2 stand part of the Bill proposed.

The Secretary for Planning, Environment and Lands moved an amendment to clause 2 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.

Stamp Duty (Amendment) Bill 1998

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

Estate Duty (Amendment) Bill 1998

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

Air Passenger Departure Tax (Amendment) Bill 1998

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

Dutiable Commodities (Amendment) Bill 1998

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

Question that clause 2 stand part of the Bill proposed.

Two Members and the Secretary for the Treasury spoke on clause 2(a).

Question that clause 2(a) stand part of the Bill put. The Chairman said that she thought the motion was carried.

Dr LEONG Che-hung claimed a division. The Chairman then ordered the Committee to divide under Rule 47(4) of the Rules of Procedure.

The Chairman announced that there were 36 votes for the motion, seven votes against it and no abstention. (Voting record in Appendix III.) She declared that the motion was carried.

Dr LEONG Che-hung rose to move the following motion without notice:

That in the event of further divisions being claimed in respect of the remaining motions to be moved at the Committee Stage of the Dutiable Commodities (Amendment) Bill 1998 at this meeting, Rule 47(4) of the Rules of Procedure be suspended so that the Chairman may order that the Committee do proceed to each of such divisions immediately after the division bell has been rung for one minute.

Question on the motion proposed, put and agreed to.

Mr Ronald ARCULLI moved the deletion of sub-subparagraph (A) from clause 2(b)(i) and addressed the Committee.

A Member and the Secretary for the Treasury spoke on the amendment.

Question on the amendment put.

Mr Andrew WONG claimed a division. The Chairman then ordered the Committee to divide under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were 21 votes for the amendment, 22 votes against it and one abstention. (Voting record in Appendix IV.) She declared that the amendment was negatived.

Mr Ronald ARCULLI moved the deletion of sub-subparagraph (B) from clause 2(b)(i) and addressed the Committee.

Six Members and the Secretary for the Treasury spoke on the amendment.

Question on the amendment put.

Mrs Miriam LAU claimed a division. The Chairman then ordered the Committee to divide under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were 41 votes for the amendment, three votes against it and no abstention. (Voting record in Appendix V.) She declared that the amendment was agreed.

Mr Ronald ARCULLI moved the deletion of sub-subparagraph (C) from clause 2(b)(i) and addressed the Committee.

The Secretary for the Treasury spoke on the amendment.

Question on the amendment put.

Mr CHAN Kam-lam claimed a division. The Chairman then ordered the Committee to divide under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were 23 votes for the amendment, 21 votes against it and no abstention. (Voting record in Appendix VI.) She declared that the amendment was agreed.

Mr Ronald ARCULLI moved the deletion of sub-subparagraph (D) from clause 2(b)(i) and addressed the Committee.

The Secretary for the Treasury spoke on the amendment.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the deletion of subparagraph (i) from clause 2(c) and addressed the Committee.

The Secretary for the Treasury spoke on the amendment.

Question on the amendment put. As the Chairman could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, she ordered the Committee to divide under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were 17 votes for the amendment, 25 votes against it and one abstention. (Voting record in Appendix VII.) She declared that the amendment was negatived.

Mr Ronald ARCULLI moved the deletion of subparagraph (ii) from clause 2(c) and addressed the Committee.

The Secretary for the Treasury spoke on the amendment.

Question on the amendment put. As the Chairman could not judge from the voice votes whether the 'ayes' had it or the 'noes' had it, she ordered the Committee to divide under Rule 49(4) of the Rules of Procedure.

The Chairman announced that there were 16 votes for the amendment, 25 votes against it and one abstention. (Voting record in Appendix VIII.) She declared that the amendment was negatived.

Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.

New clause 2A read the first time.

Mr Ronald ARCULLI moved the Second Reading of new clause 2A and addressed the Committee.

The Secretary for the Treasury spoke on the motion.

Question on the Second Reading of new clause 2A proposed, put and agreed to.

New clause 2A read the second time.

Mr Ronald ARCULLI moved the addition of new clause 2A to the Bill.

Question on the addition proposed, put and agreed to.

Prevention of Copyright Piracy Bill

Question that clauses 1, 3, 4, 7, 9, 10, 12, 13, 14, 17, 19, 23, 25, 26, 28, 29, 32, 33, 36 to 43 and 45 stand part of the Bill proposed, put and agreed to.

Question that clauses 2, 5, 6, 8, 15, 16, 22, 31 and 34 stand part of the Bill proposed.

The Secretary for Trade and Industry moved amendments to clauses 2, 5, 6, 8, 15, 16, 22, 31 and 34 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 2, 5, 6, 8, 15, 16, 22, 31 and 34, as amended, stand part of the Bill proposed, put and agreed to.

Question that clause 11 stand part of the Bill proposed.

The Secretary for Trade and Industry moved an amendment to clause 11 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 11, as amended, stand part of the Bill proposed, put and agreed to.

Question that clauses 18, 20, 24, 27, 30, 35 and 44 stand part of the Bill proposed.

The Secretary for Trade and Industry moved amendments to clauses 18(2)(b), 18(4)(a) and 30 and the addition of subclause (aa) to clause 44 and addressed the Committee.

Question on the amendments put and agreed to.

The Secretary for Trade and Industry moved amendments to clauses 18(5), 20, 24, 27 and 35 and addressed the Committee.

Question on the amendments put and agreed to.

The Secretary for Trade and Industry moved the addition of subclauses (6), (7) and (8) to clause 18 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 18, 20, 24, 27, 30, 35 and 44, as amended, stand part of the Bill proposed, put and agreed to.

Question that clause 21 stand part of the Bill proposed.

The Secretary for Trade and Industry moved an amendment to clause 21 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 21, as amended, stand part of the Bill proposed, put and agreed to.

New clause 33A read the first time.

The Secretary for Trade and Industry moved the Second Reading of new clause 33A and addressed the Committee.

Question on the Second Reading of new clause 33A proposed, put and agreed to.

New clause 33A read the second time.

The Secretary for Trade and Industry moved the addition of new clause 33A to the Bill.

Question on the addition proposed, put and agreed to.

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

The Council then resumed.

Third Reading

The Secretary for Transport reported that

the Kowloon-Canton Railway Corporation (Amendment) Bill 1998 and

the Roads (Works, Use and Compensation) (Amendment) Bill 1998

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

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

Bills read the third time and passed.

The Secretary for Security reported that

the Fire Safety (Commercial Premises) (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.

The Secretary for Planning, Environment and Lands reported that

the Town Planning (Amendment) Bill 1998 and

the Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998

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

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

Bills read the third time and passed.

The Secretary for the Treasury reported that

the Stamp Duty (Amendment) Bill 1998

the Estate Duty (Amendment) Bill 1998 and

the Air Passenger Departure Tax (Amendment) Bill 1998

had passed through Committee without amendment. He moved that the 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 the Treasury addressed the Council and reported that

the Dutiable Commodities (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.

The Secretary for Trade and Industry reported that

the Prevention of Copyright Piracy Bill

had passed through Committee with amendments. She 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

Hotel Accommodation Tax Ordinance

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

That with effect from 1 April 1998 -

  1. paragraph (b) of the Resolution made and passed by the Legislative Council on 27 April 1983 and published in the Gazette as Legal Notice No. 149 of 1983 be rescinded; and

  2. the rate of tax levied under section 3(1) of the Hotel Accommodation Tax Ordinance be 3 per cent.

Question on the motion proposed.

A Member spoke on the motion.

Question on the motion put and agreed to.

Rating Ordinance

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

That -

  1. the percentage prescribed for the purposes of section 18(1) of the Rating Ordinance for the period from 1 April 1998 to 31 March 1999 shall be -

    1. in respect of every tenement in the Urban Council area and included in a valuation list in force -

      1. for general rates 1.9%;

      2. for Urban Council rates 2.6%;

    2. in respect of every tenement in the Regional Council area and included in a valuation list in force -

      1. for general rates 0.3%;

      2. for Regional Council rates 4.2%; and

  2. subject to paragraph (a), paragraph (a) of the Resolution made and passed by the Legislative Council on 14 May 1997 and published in the Gazette as Legal Notice No. 236 of 1997 shall continue to have effect.

Question on the motion proposed.

A Member spoke on the motion.

The Secretary for the Treasury replied.

Question on the motion put and agreed to.

Members' Motions

Improving the local employment situation

Miss CHAN Yuen-han moved the following motion and addressed the Council:

That, in view of the lack of improvement to the territory’s unemployment situation in recent years, coupled with the financial turmoil at the end of last year which has aggravated the problem, this Council urges that, in order to expeditiously improve the local employment situation, the Government:

  1. formulate support measures to reduce the operating costs of small and medium enterprises and to enhance the competitiveness of the local economy, so as to create more employment opportunities;

  2. re-structure the territory’s economic set-up, including the formulation of long-term industrial policies, with a view to providing a wide array of jobs for people to make the best use of their capabilities; and

  3. improve the existing human resources planning mechanism and formulate effective complementary measures for future overall human resources training with a view to meeting market needs.

At 8:17 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on the motion proposed.

Eight Members and the Secretary for Education and Manpower spoke on the motion.

At 9:25 pm, the President resumed the chair.

Miss CHAN Yuen-han replied.

Question on the motion put and agreed to.

Formulating a policy on culture

Mr MA Fung-kwok moved the following motion and addressed the Council:

That this Council urges the Government to formulate an integrated pluralistic policy on culture, which has a clear direction, by attaching importance to the fine traditional Chinese culture, giving full play to the historical and geographical characteristics of Hong Kong and embracing the best of both Chinese and Western cultures with an open and receptive attitude; and to review the existing framework and resource allocation strategies relating to cultural matters, so as to enhance the cultural qualities, creativity and competitiveness of the whole community, thereby creating a harmonious and fulfilling society.

Question on the motion proposed.

Seven Members and the Secretary for Broadcasting, Culture and Sport spoke on the motion.

Mr MA Fung-kwok 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 1 April 1998 at 2:30 pm.

The Council was adjourned at 11:02 pm.


(Mrs Rita FAN)
President


Council Chamber
Hong Kong