LC Paper No. CB(3) 1705/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 39
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Minutes of the meeting held on Wednesday 2 June 1999 at 2:30 pm
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Members present:

President
The Hon Mrs Rita FAN, GBS, JP

The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Dr the Hon Raymond HO Chung-tai, JP
The Hon LEE Wing-tat
The Hon LEE Cheuk-yan
The Hon Martin LEE Chu-ming, SC, JP
The Hon LEE Kai-ming, JP
Dr the Hon David LI Kwok-po, JP
The Hon Fred LI Wah-ming
Dr the Hon LUI Ming-wah, JP
The Hon NG Leung-sing
Prof the Hon NG Ching-fai
The Hon Margaret NG
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon Ronald ARCULLI, JP
The Hon MA Fung-kwok
The Hon CHEUNG Man-kwong
The Hon Ambrose CHEUNG Wing-sum, JP
The Hon HUI Cheung-ching
The Hon Christine LOH
The Hon CHAN Kwok-keung
The Hon CHAN Yuen-han
The Hon Bernard CHAN
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
Dr the Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon LEUNG Yiu-chung
The Hon Gary CHENG Kai-nam
The Hon Andrew WONG Wang-fat, JP
Dr the Hon Philip WONG Yu-hong
The Hon WONG Yung-kan
The Hon Jasper TSANG Yok-sing, JP
The Hon Howard YOUNG, JP
Dr the Hon YEUNG Sum
The Hon YEUNG Yiu-chung
The Hon LAU Chin-shek, JP
The Hon LAU Kong-wah
The Hon LAU Wong-fat, GBS, JP
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon Emily LAU Wai-hing, JP
The Hon CHOY So-yuk
The Hon Andrew CHENG Kar-foo
The Hon SZETO Wah
The Hon Timothy FOK Tsun-ting, JP
The Hon LAW Chi-kwong, JP
The Hon TAM Yiu-chung, JP
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP

Members absent:

The Hon Eric LI Ka-cheung, JP
The Hon James TO Kun-sun
The Hon SIN Chung-kai

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 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, GBS, JP

Secretary for Financial Services

Mr Joseph WONG Wing-ping, GBS, JP

Secretary for Education and Manpower

Miss Denise YUE Chung-yee, JP

Secretary for the Treasury

Mr David LAN Hong-tsung, JP

Secretary for Home Affairs

Mrs Rita LAU NG Wai-lan, JP

Secretary for Information Technology and Broadcasting

Ms Maria KWAN Sik-ling, JP

Secretary for Economic Services

Miss Yvonne CHOI Ying-pik, JP

Secretary for Trade and Industry

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)

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. Miscellaneous Licences (Amendment) Regulation 1999	130/99
2. Declaration of Constituencies (District Councils) Order 1999	131/99
3. Employees Retraining Ordinance (Amendment of Schedule 2) (No.4) Notice 1999	132/99
4. Declaration of Increase in Pensions Notice 1999	133/99
5. Widows and Orphans Pension (Increase) Notice 1999	134/99
6. Supplementary Medical Professions Ordinance (Application) Order 1999	135/99
7. Supplementary Medical Professions, Midwives Registration and Nurses Registration (Amendment) Ordinance 1985 (67 of 1985) (Commencement) Notice 1999	136/99
8. Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg.) (Commencement) Notice 1999	137/99

Sessional Papers

No. 128	-	Report of the Electoral Affairs Commission on the Recommended Constituency Boundaries in respect of the 1999 District Councils Election
No. 129	-	Audited Statement of Accounts of the Quality Education Fund together with the Director of Audit's Report for the year ended 31 August 1998

Report

Report of the Finance Committee on the examination of the Draft Estimates of Expenditure 1999-2000 (June 1999)

Address

Hon Ronald ARCULLI, Chairman of the Finance Committee, presented the Committee's report on the examination of the Draft Estimates of Expenditure 1999-2000 (June 1999) and addressed the Council.

Questions

1. Dr Hon YEUNG Sum asked Question 1.

The Secretary for Justice replied.

Nine Members asked supplementaries and the Secretary for Justice replied.

2. Hon Fred LI asked Question 2.

The Secretary for Housing replied.

Six Members asked supplementaries and the Secretary for Housing replied.

3. Hon WONG Yung-kan asked Question 3.

The Secretary for Economic Services replied.

Seven Members asked supplementaries and the Secretary for Economic Services replied.

4. Hon Ambrose LAU asked Question 4.

The Secretary for Information Technology and Broadcasting replied.

Nine Members asked supplementaries and the Secretary for Information Technology and Broadcasting replied.

5. Hon NG Leung-sing asked Question 5.

The Secretary for Transport replied.

Seven Members asked supplementaries and the Secretary for Transport replied.

6. Hon Mrs Selina CHOW asked Question 6.

The Secretary for the Treasury replied.

Five Members asked supplementaries and the Secretary for the Treasury replied.

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

Bills

First Reading

Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999

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

Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999

The Secretary for Health and Welfare moved the Second Reading and addressed the Council.

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

Prevention of Bribery (Amendment) Bill 1999

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 31 March 1999 resumed.

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 Prevention of Bribery (Amendment) Bill 1999.

Question that clauses 1 to 7 stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Chief Secretary for Administration reported that

the Prevention of Bribery (Amendment) Bill 1999 had passed through Committee without amendment. 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.

Administration of Justice (Miscellaneous Provisions) Bill 1999

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 31 March 1999 resumed.

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 Administration of Justice (Miscellaneous Provisions) Bill 1999.

Question that clauses 1 to 36 stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Chief Secretary for Administration reported that

the Administration of Justice (Miscellaneous Provisions) Bill 1999 had passed through Committee without amendment. 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.

Adaptation of Laws (No.11) Bill 1999

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 5 May 1999 resumed.

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 Adaptation of Laws (No.11) Bill 1999.

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

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

Question that schedule 6 stand part of the Bill proposed.

The Secretary for Trade and Industry moved an amendment to schedule 6 and addressed the Committee.

Question on the amendment put and agreed to.

Question that schedule 6, as amended, stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Trade and Industry reported that

the Adaptation of Laws (No.11) Bill 1999 had passed through Committee with amendment. 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.

Adaptation of Laws (No.10) Bill 1998

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 2 December 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.

Committee Stage

The Council went into Committee and considered the Adaptation of Laws (No.10) Bill 1998.

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

Question that schedules 1, 3 and 4 stand part of the Bill proposed, put and agreed to.

Question that schedule 2 stand part of the Bill proposed.

The Secretary for Financial Services moved amendments to schedule 2 and addressed the Committee.

Question on the amendments put and agreed to.

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

The Council then resumed.

Third Reading

The Secretary for Financial Services reported that

the Adaptation of Laws (No.10) 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.

Tax Reserve Certificates (Amendment) Bill 1999

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 19 May 1999 resumed.

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 Tax Reserve Certificates (Amendment) Bill 1999.

Question that clauses 1, 2 and 4 to 10 stand part of the Bill proposed, put and agreed to.

Question that clause 3 stand part of the Bill proposed.

The Secretary for the Treasury moved an amendment to clause 3 and addressed the Committee.

Question on the amendment put and agreed to.

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

The Council then resumed.

Third Reading

The Secretary for the Treasury reported that

the Tax Reserve Certificates (Amendment) Bill 1999

had passed through Committee with amendment. 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.

Members' Motions

Problem of youngster gangs

Hon HO Sai-chu moved the following motion and addressed the Council:

That, in view of the increasing seriousness of the problem of youngster gangs, this Council urges the Government to thoroughly examine the causes of the problem and adopt a comprehensive package of measures to protect the development of young people, including:

1. strengthening the communication and co-operation among the police, schools and social service agencies to ensure that youngsters at risk and their families can receive proper care and counselling, including conducting educational programmes for parents to instil into them knowledge in family education and to urge them to attach importance to the care and education of their children and, at the same time, extending to other districts in Hong Kong the various schemes being implemented in some districts for youngsters at risk;

2. facing up to the unemployment problem among young people and providing temporary jobs for the unemployed youths as far as possible;

3. building the newly-developed and re-developed communities into multi-stratum communities through town planning, and adopting measures to prevent the emergence of crime blackspots in these communities;

4. determining the quantity and scale of youth service facilities in various districts flexibly after taking into full account the uniqueness of individual communities, such as their demographic structures and geographical locations;

5. enhancing the education on ethics, morality and the rule of law in schools, and strengthening teacher training in these regards, as well as introducing diversified curricula to provide more choices and development opportunities for students with different aptitudes;

6. implementing expeditiously the target of one social worker serving one school;

7. reviewing the current classification system and standards for printed publications with a view to preventing young people from being affected by publications containing violence and pornography, as well as adopting a classification system for electronic games containing violence and pornography; and

8. examining whether the penalties currently imposed on young criminals are appropriate, and strengthening rehabilitation services to assist them in developing a healthy way of living and reforming themselves.

Question on the motion proposed.

Seven Members spoke on the motion.

At 5:26 pm, the President's Deputy took the chair during the temporary absence of the President.

Another 14 Members and the Secretary for Health and Welfare spoke on the motion.

At 7:06 pm, the President resumed the chair.

The Secretary for Education and Manpower spoke on the motion.

Hon HO Sai-chu replied.

Question on the motion put and agreed to.

Naming the former Government House

Hon Howard YOUNG moved the following motion and addressed the Council:

That this Council urges the Government to officially name the former Government House 'Former Government House'.

Question on the motion proposed.

Nine Members and the Secretary for Home Affairs spoke on the motion.

Hon Howard YOUNG replied.

Question on the motion put.

Hon Howard YOUNG claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.

The President announced that among the Members returned by functional constituencies, 18 were present, 11 were in favour of the motion and seven against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 15 were present, five were in favour of the motion and nine against it. (Voting record in the Appendix.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the motion was negatived.

Next Meeting

The President declared that the next meeting of the Council would be held on 9 June 1999 at 2:30 pm.

The Council was adjourned at 8:44 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong