PLC Paper No. CB(2) 937

Ref : PLC/HC/4

Members present :

Dr Hon LEONG Che-hung, JP (Chairman)
Hon IP Kwok-him (Deputy Chairman)
Hon WONG Siu-yee
Hon James TIEN Pei-chun, JP
Hon David CHU Yu-lin
Hon HO Sai-chu, JP
Dr Hon Raymond HO Chung-tai, JP
Hon NG Leung-sing
Prof Hon NG Ching-fai
Hon Eric LI Ka-cheung, JP
Hon LEE Kai-ming
Hon Mrs Elsie TU, GBM
Hon Mrs Peggy LAM, JP
Hon Henry WU
Hon Henry TANG Ying-yen, JP
Hon Ronald ARCULLI, JP
Hon YUEN Mo
Hon MA Fung-kwok
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon MOK Ying-fan
Hon HUI Yin-fat, JP
Hon CHAN Choi-hi
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon CHENG Kai-nam
Hon Andrew WONG Wang-fat, JP
Dr Hon Charles YEUNG Chun-kam
Hon YEUNG Yiu-chung
Hon Bruce LIU Sing-lee
Hon Ambrose LAU Hon-chuen, JP
Dr Hon TANG Siu-tong, JP
Hon KAN Fook-yee
Hon LO Suk-ching
Hon TAM Yiu-chung, JP
Hon CHOY So-yuk

Members absent :

Hon Edward HO Sing-tin, JP
Dr Hon David LI Kwok-po, JP
Hon Allen LEE, JP
Hon Mrs Selina CHOW, JP
Hon NGAI Shiu-kit, JP
Hon CHEUNG Hon-chung
Dr Hon Mrs TSO WONG Man-yin
Hon LEUNG Chun-ying, JP
Hon CHAN Yuen-han
Hon TSANG Yok-sing
Hon Frederick FUNG Kin-kee
Dr Hon Philip WONG Yu-hong
Hon Kennedy WONG Ying-ho
Hon Howard YOUNG, JP
Hon CHIM Pui-chung
Hon LAU Kong-wah
Hon LAU Wong-fat, JP
Hon Mrs Miriam LAU Kin-yee, JP
Hon CHOY Kan-pui, JP
Hon Paul CHENG Ming-fun, JP
Hon CHENG Yiu-tong
Hon Timothy FOK Tsun-ting
Hon NGAN Kam-chuen
Dr Hon LAW Cheung-kwok

Clerk in attendance :

Mrs Justina LAM

Clerk to the House Committee

Staff in attendance :

Mr Ricky C C FUNG, JP

Secretary General

Mr Jimmy MA

Legal Adviser

Mr LAW Kam-sang, JP

Deputy Secretary General

Mr LEE Yu-sung

Senior Assistant Legal Adviser

Ms Pauline NG

Assistant Secretary General 1

Mrs Betty LEUNG

Assistant Secretary General 3 (Acting)

Ms Bernice WONG

Assistant Legal Adviser 1

Miss Anita HO

Assistant Legal Adviser 2

Miss Connie FUNG

Assistant Legal Adviser 3

Mr Arthur CHEUNG

Assistant Legal Adviser 5

Ms Kathleen LAU

Chief Public Information Officer

Miss Polly YEUNG

Chief Assistant Secretary (1)3

Mr LAW Wing-lok

Chief Assistant Secretary (2)5

Mr Andy LAU

Senior Assistant Secretary (1)6

Mrs Eleanor CHOW

Senior Assistant Secretary (2)8

Ms Sharon CHUNG

Senior Public Information Officer 2

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I. Confirmation of the minutes of the 31st meeting held on 9 January 1998
(PLC Paper No. CB(2) 855)

The minutes were confirmed.

II. Matters arising

(a) Report by the Chairman on his meeting with the Chief Secretary for Administration

Introduction of bills into Council

(The letter from the Director of Administration was circulated to members vide PLC Paper No. CB(2) 921 on 26 January 1998)

2.The Chairman referred to the letter from the Director of Administration tabled at the meeting and said that the letter set out a list of the 12 Government bills which would be introduced into the Provisional Legislative Council (PLC). He pointed out that the list did not include four bills which were on the original list of 19 bills provided by the Administration in August last year. He would ask the Administration to confirm whether those four bills, or any other bills, would be introduced within the current legislative term given that there was little time left for the PLC to process the bills.

(b) Report of the Parliamentary Liaison Subcommittee

(PLC Paper No. CB(3) 577)

3.Professor NG Ching-fai, a member of the Subcommittee, reported on behalf of the Chairman, Mr Edward HO. Professor NG said that the Subcommittee recommended that all the 11 Members who had indicated interest in joining the delegation to visit Singapore during the period from 12 to 15 February 1998 should form the delegation. Members endorsed the Subcommittee’s recommendation.

III. Business arising from previous Council meetings

(a) Legal Service Division’s report on bills referred to the House Committee in accordance with Rule 54(4)

(i) Immigration (Amendment) Bill 1998

(PLC Paper No. LS 87)

4.The Legal Adviser briefly explained the provisions of the Bill as detailed in the paper. He said that the Legal Service Division was seeking clarification from the Administration on some drafting aspects of the Bill. He was of the view that the Bill involved important policy issues which merited consideration by a Bills Committee.

5.Mr IP Kwok-him suggested and members agreed to set up a Bills Committee to study the Bill. The following members agreed to join: Mr LEE Kai-ming, Mr Allen LEE (as advised by Mr James TIEN), Mrs Elsie TU, Mr Henry WU, Mr Ronald ARCULLI, Mr CHAN Wing-chan and Mr LAU Kong-wah (as advised by Mr IP Kwok-him).

(ii) Housing (Amendment) Bill 1998

(PLC Paper No. LS 86)

6.The Legal Adviser said that the Bill sought to introduce technical amendments to address the operational difficulties and legal ambiguities created by the Housing (Amendment) Ordinance 1997. The Amendment Ordinance was passed by the former Legislative Council on 28 June 1997 but had yet to be implemented by the Administration. He added that members might wish to set up a Bills Committee to examine the proposals in the Bill which were devised to deal with the specific problems involved.

7.Mr CHENG Kai-nam suggested and members agreed to set up a Bills Committee to study the Bill. The following members agreed to join: Mr WONG Siu-yee, Mr HO Sai-chu, Mr CHAN Kam-lam, Mr CHENG Kai-nam and Mr Andrew WONG.

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

(PLC Paper No. LS 84)

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

(PLC Paper No. LS 85)

8.The Legal Adviser said that the two Bills stipulated a statutory time limit of nine months for dealing with objections lodged under the Roads (Works, Use and Compensation) Ordinance and the Foreshore and Sea-bed (Reclamations) Ordinance. He added that the time limit stipulated in both Bills was modelled on the statutory time limit for dealing with objections lodged under the Railway Ordinance (59 of 1997).

9.Mr IP Kwok-him said that interested bodies should be given the opportunity to put forward their views, if any, on the proposals set out in the two Bills. He suggested and members agreed that a Bills Committee be formed to study the two Bills. The following members agreed to join: Mr HO Sai-chu, Prof NG Ching-fai, Mr Ronald ARCULLI and Mr IP Kwok-him.

10.The Chairman said that the Town Planning (Amendment) Bill 1998, which would be introduced into the Council on 11 February 1998 (see agenda item IV(b)(x)), also involved amending the time limit for dealing with objections on draft statutory town plans. He suggested that the Bills Committee formed at this meeting should also study the Town Planning (Amendment) Bill 1998 should members decide at the meeting on 13 February 1998 to form a Bills Committee. Members agreed.

(iv) Criminal Procedure (Amendment) Bill 1998

(PLC Paper No. LS 88)

11.The Legal Adviser explained that the principal purpose of the Bill was to introduce a mechanism enabling earlier review of the terms of prisoners who were currently serving mandatory life sentences in respect of murder committed at the time when they were under 18 years of age. He recommended that members support the Bill as it addressed a technical legal point and was not controversial in nature.

12.Members agreed that the Second Reading debate on the Bill be resumed.

(v) Fire Safety (Commercial Premises) (Amendment) Bill 1998

(PLC Paper No. LS 81)

13.The Legal Adviser said that the paper covered in detail the main provisions in the Bill which represented the Government’s response to the recommendations set out in the Final Report of the Inquiry into the Garley Building Fire. He added that the Legal Service Division was seeking clarification from the Administration on certain technical points.

14.The Chairman advised members that the Administration had briefed the Panel on Security on the Bill on 16 October 1997. Mr Ronald ARCULLI said that some Panel members had expressed concern that building owners might have technical and financial difficulties in complying with certain fire safety measures proposed in the Bill. He suggested and members agreed that a Bills Committee be formed to study the Bill. The following members agreed to join: Mr WONG Siu-yee, Mr HO Sai-chu, Mrs Elsie TU, Mrs Peggy LAM, Mr Henry WU,

Mr Ronald ARCULLI, Mr CHAN Wing-chan, Mr CHENG Kai-nam and Mr TAM Yiu-chung.

(vi) Land (Compulsory Sale for Redevelopment) Bill

(PLC Paper No. LS 83)

15.The Legal Adviser explained that the Bill sought to make provisions to enable owners holding a clear majority of the shares in a lot to sell the lot for the purposes of redevelopment. He said that the Bill had wide policy implications which merited consideration by a Bills Committee.

16.Mr IP Kwok-him suggested and members agreed to form a Bills Committee to study the Bill. The following members agreed to join: Mr WONG Siu-yee, Mr David CHU, Mr HO Sai-chu, Mr Ronald ARCULLI, Mr MA Fung-kwok, Mr IP Kwok-him and Mr KAN Fook-yee.

(vii) Prevention of Copyright Piracy Bill

(PLC Paper No. LS 82)

17.The Legal Adviser said that the Bill sought to introduce a licensing scheme for the manufacture of optical discs in Hong Kong as well as to require the use of source coding on all optical discs produced locally. He added that the Legal Service Division was still scrutinizing the Bill.

18.Mr MA Fung-kwok said that the Bill had wide implications for those involved in the manufacture of optical discs and that certain groups in the copyright industry had expressed their intention to submit views on the Bill. He suggested and members agreed to form a Bills Committee to study the Bill. The following members agreed to join: Mr WONG Siu-yee, Mr James TIEN, Prof NG Ching-fai, Mr Eric LI, Mrs Selina CHOW (as advised by Mr Ronald ARCULLI), Mr Henry WU, Mr Ronald ARCULLI, Mr MA Fung-kwok, Mr CHAN Kam-lam, Dr YEUNG Chun-kam, Mr YEUNG Yiu-chung and Mr TAM Yiu-chung.

(viii) Hong Kong Bill of Rights (Amendment) Bill 1998

(PLC Paper No. LS 80)

19.The Legal Adviser said that the Bill sought to repeal section 3(3) and (4) of the Bill of Rights Ordinance (BORO), which were added to the BORO by the Hong Kong Bill of Rights (Amendment) Ordinance 1997 (the Amendment Ordinance). He added that the Hong Kong Bar Association had expressed the view that there was no need to amend or repeal the Amendment Ordinance.

20.In response to Mrs Elsie TU, the Legal Adviser said that the Amendment Ordinance was introduced by a Member of the former Legislative Council. A Bills Committee was formed at the time but it was not allocated a slot because of time constraint.

21.Mr Andrew WONG suggested and members agreed that a Bills Committee be formed to study the Bill. The following members agreed to join: Mr James TIEN, Mr David CHU, Mrs Elsie TU, Mr TSANG Yok-sing (as advised by Mr IP Kwok-him), Mr Andrew WONG, Mr YEUNG Yiu-chung and Mr Bruce LIU.

(b) Legal Service Division’s report on subsidiary legislation tabled in Council on 14 and 21 January 1998 (gazetted on 9 and 16 January 1998)

(PLC Papers Nos. LS 73 & 78)

PLC Paper No. LS 73

22.Referring to the paper which covered the two items of subsidiary legislation gazetted on 9 January 1998, the Legal Adviser said that the Subcommittee on subsidiary legislation relating to Legislative Council election had studied the Legislative Council (Formation of Election Committee) (Appeals) Regulation and would report under agenda item VI(d).

23.Members raised no queries on the other item relating to the Prisons (Amendment) Order 1998 made under the Prisons Ordinance.

24.The Chairman informed members that the deadline for giving notice to amend the above subsidiary legislation at the Council meeting on 11 February 1998 was 4 February 1998.

PLC Paper No. LS 78

25.Referring to the paper, the Legal Adviser said that 18 of the 31 items of subsidiary legislation gazetted on 16 January 1998 dealt with fee increases made under various ordinances.

26.The Chairman suggested and members agreed to form a subcommittee to study the 18 items relating to fee increases. The following members agreed to join the subcommittee : Mr James TIEN, Mr Henry WU, Mr Ronald ARCULLI, Mr CHAN Kam-lam and Mr NGAN Kam-chuen (as advised by Mr IP Kwok-him).

27.The Legal Adviser said that there were three other items which concerned election-related matters. These included the Electoral Affairs Commission (Nominations Advisory Committees) Regulation and the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation made under the Electoral Affairs Commission Ordinance as well as the Legislative Council (Election Petition) Rules made under the Legislative Council Ordinance. The two items made under the Electoral Affairs Commission Ordinance would be studied by the Subcommittee on subsidiary legislation relating to Legislative Council election. The Subcommittee had already completed study of the Legislative Council (Election Petition) Rules and would report under agenda item VI(d).

28.The Legal Adviser said that one further item was the Waste Disposal (Refuse Transfer Station) Regulation made under the Waste Disposal Ordinance. The Regulation sought to make provisions requiring private waste collectors to register with the Environmental Protection Department and pay a service fee for the use of the waste transfer service at the West Kowloon Transfer Station and the Island East Transfer Station.

29.Mr IP Kwok-him said that the Administration had briefed the Panel on Environmental Affairs about the proposal of extending the waste transfer service to private waste collectors. He added that according to the Administration, the private waste collector’s associations were in support of the proposal in general. The Chairman said that as the Chairman of the Panel, Dr Mrs TSO WONG Man-yin, was not present at the meeting, a decision on the formation of a subcommittee should be deferred to the next meeting on 13 February 1998. Members agreed.

30.Members raised no queries on the remaining nine items of subsidiary legislation covered in the paper.

31.The Chairman informed members that the deadline for giving notice to amend the subsidiary legislation gazetted on 16 January 1998 at the Council meeting on 18 February 1998 was 11 February 1998.

IV. Business for the Council meeting on 11 February 1998

(a) Questions

(PLC Paper No. CB(3) 573)

32.The Chairman said that 17 questions (6 oral and 11 written) had been tentatively scheduled. He drew members’ attention to five new questions (Questions Nos. 1, 10, 18, 19 and 20) set out in the paper. He reminded members that the deadline for giving notice of questions was 2 February 1998.

(b) Bills - First and Second Readings

1. Road Traffic (Validation of Collection of Fees) Bill

2. Kowloon-Canton Railway Corporation (Amendment) Bill 1998

3. Building Management (Amendment) Bill 1998

4. Adaptation of Laws (Interpretative Provisions) Bill

5. Adaptation of Laws (Courts and Tribunals) Bill

6. Adaptation of Laws (References to Foreign Country, etc.) Bill

7. Merchant Shipping (Registration) (Amendment) Bill 1998

8. Adaptation of Laws (Crown Land) Bill

9. Legal Practitioners (Amendment) Bill 1998

10. Town Planning (Amendment) Bill 1998

33.The Chairman said that the above 10 Bills would be introduced into the Council on 11 February 1998 and considered by the House Committee on 13 February 1998.

(c) Bills - resumption of debate on 2nd Reading, Committee Stage and 3rd Reading

34.No notice had been received.

(d) Motions

Five resolutions under sections 36, 113 and 114 of the Bankruptcy Ordinance (Cap. 6) - to be moved by the Secretary for Financial Services

35.The Chairman said that the Secretary for Financial Services had given notice to move the above resolutions at the Council meeting on 11 February 1998. The Subcommittee which was formed to study the resolutions would report under agenda item VI(b).

(e) Members’ motions

1. Motion on "Delay in the opening of the new airport"

   36.Members noted that a debate slot had been allocated to Dr Raymond HO to move the above motion.

2. Motion on "Relationship between executive authorities and legislature"

37.Members noted that a debate slot had been allocated to Dr LEONG Che-hung to move the above motion.

38.The Chairman advised members that the deadline of giving notice of amendments, if any, to the above motions was 4 February 1998. The normal speaking time limits would apply.

V. Advance information on business for the Council meeting on 18 February 1998

(a) Questions

(PLC Paper No. CB(3) 574)

39.The Chairman said that questions seeking oral replies would not be scheduled for the Council meeting on 18 February 1998 which would be devoted mainly to the 1998-99 Budget.

40.The Chairman added that four written questions had been tentatively scheduled. He reminded members that the deadline for giving notice of questions was 9 February 1998.

(b) Bill - First and Second Readings

Appropriation Bill 1998

41.The Chairman said that the Financial Secretary would address the Council on the 1998-99 Budget.

VI. Reports

(a) Position report on Bills Committees/Subcommittees

(PLC Paper No. CB(2) 897)

42.The Chairman said that there were one Subcommittee and three Bills Committees in action. In addition, members had earlier agreed to form seven Bills Committees and one Subcommittee under agenda item III above. The Subcommittee on five resolutions under the Bankruptcy Ordinance would report under agenda item VI(b) below.

(b) Report of the Subcommittee on Five resolutions under sections 36, 113 and 114 of the Bankruptcy Ordinance (Cap. 6)

(PLC Paper No. CB(1) 820)

43.Mr Henry WU, a member of the Subcommittee, reported on behalf of the Chairman, Mr HO Sai-chu. Mr WU highlighted the main deliberations of the Subcommittee as detailed in the paper and said that the Subcommittee had recommended that the five resolutions under the Bankruptcy Ordinance, which would be moved by the Secretary for Financial Services at the Council meeting on 11 February 1998, be supported.

(c) Report of the Bills Committee on Provident Fund Schemes Legislation (Amendment) Bill 1997

44.Mr Ronald ARCULLI said that the Bills Committee had held 27 meetings to study the Bill and the draft subsidiary legislation. The Bills Committee supported the Administration’s proposal to resume the Second Reading debate on the Bill at the Council meeting on 25 February 1998. A report on the deliberations of the Bills Committee was under preparation and would be circulated to members during the first week of February before it was considered at the House Committee meeting on 13 February 1998. He also reminded Members that the deadline for giving notice of Committee stage amendments was 16 February 1998.

45.Mr ARCULLI further said that if the Bill was passed at the Council meeting on 25 February 1998, the Administration would present the related subsidiary legislation for Members’ scrutiny by 11 March 1998 prior to its introduction into the Council before the end of the current legislative term. He added that the Bills Committee was of the view that it should also examine the subsidiary legislation given the time constraint and the complexity of the issues involved.

46.The Chairman said that a subcommittee should be formed to examine the subsidiary legislation in accordance with the House Rules and that members of the Bills Committee could join the subcommittee to ensure continuity of work. In response to Mr MA Fung-kwok, the Chairman said that non-Bills Committee members could also join the subcommittee if they were interested.

47.Mr Eric LI expressed concern that many changes had been made without proper consultation with the professional bodies concerned. This had prompted the Hong Kong Society of Accountants (HKSA) sending in a submission to the Bills Committee expressing its reservations on the changes proposed relating to accounting and auditing. In response, Mr ARCULLI said that consultation with the relevant professional bodies was the responsibility of the Administration and he expressed appreciation to the HKSA for submitting its views to the Bills Committee.

48.The Chairman said that Mr LI should discuss with Mr ARCULLI after the meeting as to whether a meeting of the Bills Committee should be convened to discuss the issues which were of concern to the HKSA.

(d) Fourth report of the Subcommittee on subsidiary legislation relating to Legislative Council election

(PLC Paper No. CB(2) 908 issued vide PLC Paper No. CB(2) 921 on 26 January 1998)

49.Mr IP Kwok-him, Chairman of the Subcommittee, outlined the Subcommittee’s deliberations on the Legislative Council (Formation of Election Committee) (Appeals) Regulation and the Legislative Council (Election Petition) Rules as detailed in the paper. He highlighted in particular the amendment proposed by the Subcommittee regarding the submission of representations under sections 5 and 6 of the Legislative Council (Formation of Election Committee) (Appeals) Regulation which was set out in paragraph 16 of the paper. He added that the Subcommittee had recommended that the two items of subsidiary legislation be supported subject to the amendment to be moved by him on behalf of the Subcommittee at the Council meeting on 11 February 1998.

VII. Any other business

Compensation of $6.7 billion to Hong Kong Telecommunications Limited (HKT)

50.The Chairman informed members that the Panel on Economic Services and Panel on Information Policy would hold a joint meeting on 9 February 1998 to discuss the compensation of $6.7 billion payable to HKT for the early surrender of the licence held by Hong Kong Telecom International Limited.

51.The Chairman further said that the relevant Panels would discuss the following matters which had caused public concern -

1. the Panel on Financial Affairs would hold a special meeting on 27 January 1998 to discuss the collapse of CA Pacific and the state of the securities brokerage industry; and

2. the Panel on Health Services would discuss ciguatera toxic poisoning and medical kits contaminated with Creutzfeldt-Jakob Disease at its regular meeting on 9 February 1998.

He added that non-Panel members were welcome to attend the meetings concerned.

52.The meeting ended at 3:40 pm.

Provisional Legislative Council Secretariat
11 February 1998