Provisional Legislative Council


Revised Agenda
Saturday 21 June 1997 at 9:30 a.m.

I.Papers

Report of the Bills Committee on Immigration (Amendment) (No. 3) Bill 1997

(PLC Paper No. 446/96-97 issued under the cover of PLC Paper No. 460/96-97 on 18 June 1997)

(to be presented by Mr Paul CHENG, Chairman of the Bills Committee, who will address the Council)

Introduction to Hong Kong Reunification Bill 1997

(PLC Paper Nos. 472/96-97 and 477/96-97 issued on 19 June 1997)

(to be presented by the Secretary of Justice who will address the Council)

II. Bills Second Reading

Debate to resume

Hong Kong Court of Final Appeal (Amendment) Bill 1997 : Secretary of Justice
Judicial Service Commission Amendment) Bill 1997 : Secretary of Justice
Immigration (Amendment) (No. 3) Bill 1997 :Secretary of Justice
Oaths and Declarations (Amendment)Bill 1997 :Secretary for Policy Co-ordination

Committee Stage and Third Reading

Hong Kong Court of Final Appeal (Amendment) Bill 1997 :Secretary of ustice
Judicial Service Commission (Amendment) Bill 1997 :Secretary of Justice
Immigration (Amendment) (No. 3) Bill 1997 :Secretary of Justice
Oaths and Declarations (Amendment) Bill 1997 :Secretary for Policy Co-ordination

III. Members* Motion

To amend the Rules of Procedure of the Provisional Legislative Council of the Hong Kong Special Administrative Region

Mrs Selina CHOW :

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-

  1. in the Chinese version-

    1. in Rule 12-

      1. by deleting the heading and substituting -

          "12. 行政長官發表施政報告";

      2. in subrule (1), by deleting "在不抵觸本條第(5)款的情況下," and "首次";

      3. by deleting subrule (5);

    2. 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)";

    3. 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,";

    4. in Rule 36(5), by adding "及第65(3)條(法案的
      確認)" before "另有規定外";

    5. in Rule 41(3), by adding "第65條(法案的確認)
      及" before "第67條";

    6. in Rule 51(7)(a), by adding "第65(1)(b)條(法案
      的確認)及" before "第67條";

    7. in Rule 54(4), by adding "及第65(3)(a)條(法案
      的確認)" after "撥款法案";

    8. by deleting Rule 65 and substituting-

        "65. 法案的確認

      1. 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-

        1. 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

        2. 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。

      2. 本條第(1)(a)款所述的議案不容
        修正或辯論而付諸表決。

      3. 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-

        1. 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;

        2. 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

        3. 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。";

  2. in the English version-

    1. in Rule 12-

      1. by deleting the title and substituting-

          "12. The Chief Executive"s Address";

      2. in subrule (1), by deleting "Subject to subrule (5) of this Rule, the", and substituting "The", and deleting "at the first meeting";

      3. by deleting subrule (5);

    2. 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)";

    3. 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)";

    4. in Rule 36(5), by adding "and Rule 65(3) (Confirmation of Bills)" before ", a Member";

    5. in Rule 41(3), by adding "Rule 65 (Confirmation of Bills) and" before "Rule 67";

    6. in Rule 51(7)(a), by adding "Rule 65(1)(b) (Confirmation of Bills) and" before "Rule 67";

    7. in Rule 54(4), by adding "and Rule 65(3)(a) (Confirmation of Bills)" after "Appropriation Bills";

    8. by deleting Rule 65 and substituting-

        "65. Confirmation of Bills

      1. 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 -

        1. 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

        2. another bill presented for first reading after the establishment of the Hong Kong Special Administrative Region.

      2. The motion under subrule (1)(a) shall be voted on without amendment or debate.

      3. For the purposes of proceedings upon a bill which has any effect of confirming another bill under subrule (1)(b) -

        1. 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;

        2. 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

        3. 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.".

    Miss Salumi CHAN
    for Clerk to the Provisional Legislative Council