Provisional Legislative Council

PLC Paper No. CB(3) 311

Minutes of the meeting held on Wednesday 29 October 1997 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
Dr Hon David LI Kwok-po, 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 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 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 TAM Yiu-chung, JP
The Hon CHOY So-yuk

Members absent:
The Hon David CHU Yu-lin
The Hon Mrs Peggy LAM, JP
The Hon CHAN Yuen-han
The Hon LO Suk-ching
Dr Hon LAW Cheung-kwok

Public officers attending:

The Honourable Mrs Anson CHAN, 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 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

Mrs Katherine FOK LO Shiu ching, JP

Secretary for Health and Welfare

Mr Rafael HUI Si-yan, JP

Secretary for Financial Services

Mr Joseph WONG Wing-ping, JP

Secretary for Education and Manpower

Mr Bowen LEUNG Po wing, JP

Secretary for Planning, Environment and Lands

Mr KWONG Ki chi, JP

Secretary for the Treasury

Mr David LAN Hong-tsung, JP

Secretary for Home Affairs

Mr LAM Woon-kwong, JP

Secretary for the Civil Service

Mr Stephen IP Shu-kwan, 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)

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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 CHAN Kam-lam, Chairman of the Bills Committee, presented the Report of the Bills Committee on the Employment and Labour Relations (Miscellaneous Amendments) Bill 1997 and addressed the Council.

Questions

Written replies to Questions 1 to 14 were tabled for Members�information.

Bills
First Reading
Sex Discrimination (Amendment) Bill 1997

The Bill was 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
Sex Discrimination (Amendment) Bill 1997

The Secretary for Financial Services moved the Second Reading and addressed the Council.

Question on the Second Reading proposed. The President stated that in accordance with Rules 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.

Employment and Labour Relations (Miscellaneous Amendments) Bill 1997

Resumption of debate on Second Reading which had been moved on 15 October 1997.

Eight Members spoke on the motion.

The Secretary for Education and Manpower replied.

Question on Second Reading put.

Mr LEE Kai-ming 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 42 votes for the motion, seven votes against it and four abstentions. (Voting record in Appendix I.) She declared that the motion was carried.

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

Committee Stage

The Council went into Committee and considered the Employment and Labour Relations (Miscellaneous Amendments) Bill 1997.

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

At 3:35 pm, there was an uproar in Public Galleries caused by several men yelling loudly against the Bill's receiving its Second Reading. The President ordered that these men, who were yelling, be removed. The security assistants were having difficulty removing them from the galleries. The Chairman declared that the meeting be suspended as it was not possible for the Council to carry on with its business unruffled.

The Committee resumed at 3:55 pm.

The President ordered the Council to resume and granted leave for the Secretary for Education and Manpower to move a motion under Rule 89 of the Rules of Procedure that Rules 58(7) of the Rules of Procedure be suspended to enable the Committee of the whole council to consider schedules 1 and 2 together with the relevant clauses, as they were inter-dependent.

Question on the motion proposed, put and agreed to.

The Council went into Committee.

Question on the heading before clause 3, clauses 3 and 4, part 1 of schedule 1 and part 1 of schedule 2 standing part of the Bill proposed, put and agreed to.

Question on the heading before clause 5, clauses 5, 6, 7, 8, 9, 11 and 12 standing part of the Bill proposed, put and agreed to.

Question that clause 10 stand part of the Bill proposed.

The Secretary for Education and Manpower moved amendments to clause 10 and addressed the Committee.

Question on the amendments put and agreed to.

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

Question that the heading before clause 13, clauses 13 and 14 and part 2 of schedule 1 stand part of the Bill proposed.

A Member spoke on the motion.

The Secretary for Education and Manpower replied.

Question on the heading before clause 13, clauses 13 and 14 and part 2 of schedule 1 standing part of the Bill put. The Chairman stated that she thought the motion had been carried.

Mr FUNG Kin-kee 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 motion, six votes against it and three abstentions. (Voting record in Appendix II.) She declared that the motion was carried.

Question that part 2 of schedule 2 stand part of the Bill proposed.

The Secretary for Education and Manpower moved an amendment to part 2 of schedule 2 and addressed the Committee.

Question on the amendment put and agreed to.

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

Question on clause 2 standing part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Education and Manpower reported that the Employment and Labour Relations (Miscellaneous Amendments) 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.

Three Members spoke on the motion.

Question on the Third Reading put.

Mr FUNG Kin-kee 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 30 votes for the motion, 14 votes against it and six abstentions. (Voting record in Appendix III.) She declared that the motion was carried.

Bill read the third time and passed.

Motions

Legislative Council Ordinance

The Secretary for Constitutional Affairs moved the following motion and addressed the Council:

That the Legislative Council Ordinance (Amendment of Schedule 1) Order 1997, made by the Chief Executive in Council on 7 October 1997, be approved.

Question on the motion proposed.

Seven Members spoke on the motion.

The Secretary for Constitutional Affairs replied.

Question on the motion put.

Mr FUNG Kin-kee 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 33 votes for the motion, nine votes against it and seven abstentions. (Voting record in Appendix IV.) She declared that the motion was carried.

Legislative Provisions (Suspension of Operation) Ordinance 1997

The Secretary for Education and Manpower informed that he withdrew the captioned motion under Rule 35(2) of the Rules of Procedure, as the related matter had been decided by the Council when considering the Employment and Labour Relations (Miscellaneous Amendments) Bill 1997 earlier at the meeting.

Family Status Discrimination Ordinance

The Secretary for Home Affairs moved the following motion and addressed the Council:

That the Family Status Discrimination (Proceedings by Equal Opportunities Commission) Regulation, made by the Secretary for Home Affairs on 6 October 1997, be approved.

Question on the motion proposed.

A Member spoke on the motion.

Question on the motion 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 extended to 31 January 1998 and accordingly subsection (2) of that section shall be read as if the date 31 January 1998 was substituted for the date 31 October 1997 specified in that subsection.

Question on the motion proposed, put and agreed to.

Members' Motions

Motion of Thanks

Resumption of debate on the 餹otion of Thanks� moved on 22 October 1997.

The Financial Secretary spoke on the motion.

At 5:09 pm, the Presdient's Deputy took the chair during the temporary absence of the President.

The Secretary for Housing, the Secretary for Transport, the Secretary for Planning, Environment and Lands, the Secretary for Economic Services, the Secretary for Health and Welfare, the Secretary for Education and Manpower, the Secretary for Home Affairs, and the Secretary for Constitutional Affairs spoke on the motion.

The President resumed the chair at 7:00 pm.

The Chief Secretary for Administration spoke on the motion.

Dr LEONG Che-hung replied.

Question on the motion put.

Mr CHAN Choi-hi 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 42 votes for the motion, three votes against it and one abstention. (Voting record in Appendix V.) She declared that the motion was carried.

Next meeting

The President declared that the next meeting of the Council would be held on 5 November 1997 at 2:30 pm.

The Council was adjourned at 7:35 pm.

(Mrs Rita FAN)President
Council Chamber
Hong Kong