Provisional Legislative Council

PLC Paper No. CB(3) 130

Minutes of the meeting held on Wednesday
27 August 1997 at 2:30 pm

Members present:

President
The Hon Mrs Rita FAN, JP
The Hon WONG Siu-yee
The Hon David CHU Yu-lin
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 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 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 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 NGAN Kam-chuen
The Hon LO Suk-ching
Dr Hon LAW Cheung-kwok
The Hon TAM Yiu-chung, JP

Members absent:

The Hon James TIEN Pei-chun, JP
The Hon HO Sai-chu, JP
The Hon Edward HO Sing-tin, JP
Prof Hon NG Ching-fai
The Hon Allen LEE, JP
The Hon Mrs Peggy LAM, JP
The Hon Henry WU
The Hon NGAI Shiu-kit, JP
The Hon HUI Yin-fat, JP
Dr Hon Philip WONG Yu-hong
The Hon Timothy FOK Tsun-ting
The Hon KAN Fook-yee
The Hon CHOY So-yuk

Public officers attending:

The Honourable Mrs Anson CHAN, JP

The Chief Secretary for Administration

Mr KWONG Ki-chi, JP

The Financial Secretary

The Honourable Elsie LEUNG Oi-sie, JP

The Secretary for Justice

Mr Michael SUEN Ming-yeung, JP

Secretary for Constitutional Affairs

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 Joseph WONG Wing-ping, JP

Secretary for Education and Manpower

Mr KWONG Ki-chi, JP

Secretary for the Treasury

Mr LAM Woon-kwong, JP

Secretary for the Civil Service

Mr Patrick LAU Lai-chiu, JP

Secretary for Planning, Environment and Lands

Ms Maria KWAN Sik-ning, JP

Secretary for Economic Services

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)

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Papers

The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure:

Sessional Papers

Report

Mr Ronald ARCULLI, Chairman of the Bills Committee, presented the Report of the Bills Committee on the Electoral Affairs Commission Bill and addressed the Council.

Questions

1. Mr TAM Yiu-chung asked Question 1.

The Secretary for Health and Welfare replied.

Nine Members asked supplementaries and the Secretary for Health and Welfare replied.

2. Mrs Miriam LAU asked Question 2.

The Secretary for Planning, Environment and Lands replied.

Two Members asked supplementaries and the Secretary for Planning, Environment and Lands and the Secretary for Transport replied.

3. Mr YEUNG Yiu-chung asked Question 3.

The Secretary for Education and Manpower replied.

A Member asked one supplementary and the Secretary for Education and Manpower replied.

4. Mr CHOY Kan-pui asked Question 4.

The Secretary for Education and Manpower replied.

Six Members asked supplementaries and the Secretary for Education and Manpower replied.

5. Mr CHAN Kam-lam asked Question 5.

The Secretary for Health and Welfare replied.

Nine Members asked supplementaries and the Secretary for Health and Welfare replied.

6. Mr K K FUNG asked Question 6.

The Secretary for Housing replied.

Five Members asked supplementaries and the Secretary for Housing replied.

Written replies to Questions 7 to 20 were tabled for Members' information.

Bills

Second Reading

Electoral Affairs Commission Bill

Resumption of debate on Second Reading which had been moved on 23 July 1997.

Question on Second Reading put and agreed to.

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

Inland Revenue (Amendment) (No.3) Bill 1997

Resumption of debate on Second Reading which had been moved on 23 July 1997.

Question on Second Reading put and agreed to.

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

Dutiable Commodities (Amendment) (No.2) Bill 1997

Resumption of debate on Second Reading which had been moved on 23 July 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:

Electoral Affairs Commission Bill

Question that the following clauses and schedules stand part of the Bill proposed.

Question on clauses 1, 21 and 24 put and agreed to.

The Secretary for Constitutional Affairs moved amendments to clauses 2 to 20 and 22, as well as in the heading below Part II, heading of clause 3, heading below Part III, headings of clauses 4 to 6, heading below Part IV, headings of clauses 10, 13, 15 and 16, and heading below Part V and addressed the Committee.

Question on the amendments put and agreed to.

The Secretary for Constitutional Affairs moved an amendment tothe Chinese text of the definition of "by-election" in clause 2(1) and addressed the Committee.

Question on the amendment put and agreed to.

Mr LAU Kong-wah moved amendments to clause 2(1) and clause 3(5)(a) and addressed the Committee.

The Secretary for Constitutional Affairs spoke on the amendments.

Mr LAU Kong-wah replied.

Question on the amendments put and agreed to.

Mr Ronald ARCULLI moved the addition of the definition of "Selection Committee" to clause 2(1) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (aa) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (ab) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (ac) to clause 3(5) and addressed the Committee. Question on the amendment put and agreed to.

The Secretary for Constitutional Affairs moved amendments to paragraphs (c), (e) and (f) in clause 3(5) and addressed the Committee.

Question on the amendments put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (da) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (db) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (f)(ia) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (f)(ib) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (f)(ic) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (f)(id) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (f)(ie) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (g)(i) to clause 3(5) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraphs (g)(ii) and (iii) to clause 3(5) and addressed the Committee.

Question on the amendments put and agreed to.

The Secretary for Constitutional Affairs moved the addition of subclause (10) to clause 3 and addressed the Committee.

Question on the amendment put and agreed to.

The Secretary for Constitutional Affairs moved further amendments to clauses 4, 5, 7, 8, 11, 12, 14, 18 and 19 and addressed the Committee.

Question on the amendments put and agreed to.

The Secretary for Constitutional Affairs moved a further amendment to clause 6 and addressed the Committee.

Question on the amendment put and agreed to.

The Chairman granted leave for Mr Ronald ARCULLI to change the terms of the Chinese text of his proposed amendment concerning the addition of paragraph (aa) to clause 13(1).

Mr Ronald ARCULLI moved the addition of paragraph (aa)(i) to clause 13(1) and addressed the Committee.

Question on the revised amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (aa)(ii) to clause 13(1) and addressed the Committee.

Question on the revised amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (aa)(iii) to clause 13(1) and addressed the Committee.

Question on the revised amendment put and agreed to.

The Secretary for Constitutional Affairs moved a further amendment to clause 13(1) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (b)(ia) to clause 13(1) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (b)(ib) to clause 13(1) and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved the addition of paragraph (b)(ic) to clause 13(1) and addressed the Committee.

Question on the amendment put and agreed to.

The Secretary for Constitutional Affairs moved the addition of subclause (3) to clause 13 and addressed the Committee.

Question on the amendment put and agreed to.

The Secretary for Constitutional Affairs moved a further amendment to clause 20 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clauses 2 to 20 and 22, as amended, stand part of the Bill put and agreed to.

The Secretary for Constitutional Affairs moved an amendment to clause 23 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 23, as amended, stand part of the Bill put and agreed to.

The Secretary for Constitutional Affairs moved amendments to schedules 1 and 2 and addressed the Committee.

Question on the amendments put and agreed to.

Mr LAU Kong-wah moved a further amendment to schedule 1 and addressed the Committee.

Question on the amendment put and agreed to.

The Secretary for Constitutional Affairs moved a further amendment to schedule 1 and addressed the Committee.

Question on the amendment put and agreed to.

Mr Ronald ARCULLI moved a further amendment to schedule 1 and addressed the Committee.

Question on the amendment put and agreed to.

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

Inland Revenue (Amendment) (No.3) Bill 1997

Question that the following clauses stand part of the Bill proposed.

Question on clauses 1 and 2 put and agreed to.

Dutiable Commodities (Amendment) (No.2) Bill 1997

Question that the following clauses stand part of the Bill proposed.

Question on clauses 1 and 2 put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Constitutional Affairs reported that

the Electoral Affairs Commission Bill

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 the Treasury reported that

the Inland Revenue (Amendment) (No.3) Bill 1997 and the Dutiable Commodities (Amendment) (No.2) Bill 1997

had passed through Committee without amendment. He moved that these 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.

Motions

Public Bus Services Ordinance

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

That the franchise conferring the right on the Kowloon Motor Bus Company (1933) Limited to operate a public bus service on the routes specified in the Schedule of Routes (Kowloon Motor Bus Company) (No.2) Order 1997 (L.N.394 of 1997) and in any subsequent order made by the Chief Executive in Council shall not, for the entire period of the franchise, be subject to sections 27, 28, 29 and 31 in Part V of the Public Bus Services Ordinance.

Question on the motion proposed.

Three Members spoke on the motion.

Question on the motion put and agreed to.

Members' Motions

Assisting Hong Kong's farming and fishing industries

Mr LO Suk-ching moved the following motion and addressed the Council:

That this Council urges the Government of the Hong Kong Special Administrative Region to formulate a long-term farming and fishing policy, so as to support the development of farming and fishing industries in the territory.

Question on the motion proposed.

10 Members and the Secretary for Economic Services spoke on the motion.

Question on the motion put and agreed to.

Resolving the flooding problem in the Northwest New Territories

Dr TANG Siu-tong moved the following motion and addressed the Council:

That, as the flooding problem in the northwest New Territories has remained very serious in recent years, this Council urges the Government to:

1. speed up the progress of drainage improvement works in the northwest New Territories;

2. provide adequate resources for the stepping up of maintenance and clearance works of watercourses and other drainage systems at flooding blackspots before the rainy season; and

3. communicate closely with the Shenzhen authorities on the early notification to the territory of the time of flood0-discharges, so that residents can make adequate preparation, thereby reducing loss in lives and property.

Question on the motion proposed.

At 6:55 pm, the President's Deputy took the chair during the temporary absence of the President.

Six Members and the Secretary for Planning, Environment and Lands spoke on the motion.

At 7:26 pm, the President resumed the chair.

Dr TANG Siu-tong 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 3 September 1997 at 2:30 pm.

The meeting was adjourned at 7:45 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong