LC Paper No. CB(3) 825/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 18
Minutes of the meeting held on Wednesday 2 December 1998 at 2:30 pm

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 Eric LI Ka-cheung, JP
The Hon LEE Kai-ming, JP
Dr the Hon David LI Kwok-po, JP
The Hon Fred LI Wah-ming
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 James TO Kun-sun
The Hon CHEUNG Man-kwong
The Hon Ambrose CHEUNG Wing-sum, JP
The Hon HUI Cheung-ching
The Hon CHAN Kwok-keung
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 SIN Chung-kai
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 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:
Dr the Hon LUI Ming-wah, JP
The Hon Christine LOH
The Hon CHAN Yuen-han
The Hon Andrew WONG Wang-fat, JP
The Hon LAU Chin-shek, JP

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 Nicholas NG Wing-fui, JP

Secretary for Transport

Mrs Katherine FOK LO Shiu-ching, JP

Secretary for Health and Welfare

Mr Rafael HUI Si-yan, GBS, JP

Secretary for Financial Services

Mr Stephen IP Shu-kwan, JP

Secretary for Economic Services

Mr Benedict KWONG Hon-sang, JP

Secretary for Works

Mr David LAN Hong-tsung, JP

Secretary for Home Affairs

Mrs Regina IP LAU Suk-yee, JP

Secretary for Security

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)

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.Legal Practitioners (Fees) (Amendment) Rule 1998	359/98
2. Occupational Retirement Schemes (Notices of Changes) Rules	360/98
3. Occupational Retirement Schemes (Authentication and Certification of Documents) (Amendment) Rules 1998	361/98
4. Occupational Retirement Schemes (Fees) (Amendment) Rules 1998	362/98
5. Tax Reserve Certificates (Rate of Interest) (No.4) Notice 1998	363/98
6. Veterinary Surgeons Registration (Fees) Regulation (L.N. 563 of 1997) (Commencement) Notice 1998	364/98

Sessional Papers

No.62	-	Sir Edward Youde Memorial Fund Report of the Board of Trustees for the period 1 April 1997 to 31 March 1998
No.63	-	Secretary for Home Affairs Incorporated Statement of Accounts for the year ended 31 March 1998
No.64	-	Office of the Privacy Commissioner for Personal Data, Hong Kong Annual Report 1997-98
No.65	-	Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 1998

Questions

1. Hon LEUNG Yiu-chung asked Question 1.

The Secretary for Home Affairs replied.

Five Members asked supplementaries and the Secretary for Home Affairs replied.

2. Dr Hon HO Chung-tai asked Question 2.

The Secretary for Economic Services replied.

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

3. Hon LAU Kong-wah asked Question 3.

The Chief Secretary for Administration replied.

Seven Members asked supplementaries. The Chief Secretary for Administration and the Financial Secretary replied.

4. Hon Emily LAU asked Question 4.

The Secretary for Works replied.

Eight Members asked supplementaries and the Secretary for Works replied.

5. Hon CHOY So-yuk asked Question 5.

The Secretary for Security replied.

Six Members asked supplementaries and the Secretary for Security replied.

6. Hon Fred LI asked Question 6.

The Secretary for Health and Welfare replied.

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

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

Bills

First Reading

Theft (Amendment) Bill 1998
Road Traffic (Amendment) Bill 1998
Adaptation of Laws (No.10) Bill 1998

The Bills were 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

Theft (Amendment) Bill 1998

The Secretary for Justice 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.

Road Traffic (Amendment) Bill 1998

The Secretary for Transport 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.

Adaptation of Laws (No.10) Bill 1998

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 Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.

Members' Motions

Promoting the development of the agriculture and fisheries industries

Hon WONG Yung-kan moved the following motion and addressed the Council:

That this Council urges the Government to promote the sustained development of Hong Kong's agriculture and fisheries industries and expeditiously establish a research institute on agriculture and fisheries, so that the industries can follow closely the world trend of developing technologically-advanced and high value-added modes of production, and to formulate a long-term agriculture and fisheries development strategy, in order to ensure that the industries contribute to Hong Kong's economy.

Question on the motion proposed.

One Member spoke on the motion.

At 4:57 pm, the President's Deputy took the chair during the temporary absence of the President.

Another nine Members and the Secretary for Economic Services spoke on the motion.

At 6:05 pm, the President resumed the chair.

Hon WONG Yung-kan replied.

Question on the motion put and agreed to.

The Government's Scheme of Control Agreements with the two power companies

Hon Fred LI moved the following motion and addressed the Council:

That this Council urges the Government to abolish, in the year 2008, the profit control schemes made respectively with the China Light and Power Company Limited ("CLP") and the Hongkong Electric Company Limited ("HEC"), so as to fully implement the opening up of the electricity supply market, and also urges the Government to expeditiously implement, in the meantime, the proposal to increase the interconnection capacity between CLP and HEC, so that the transfer of electricity between the two power companies can be extended, with a view to reducing the electricity reserve margin for the whole of Hong Kong, minimizing electricity wastage, deferring the implementation of HEC's proposal to build additional electricity generating capacity, and preparing for the introduction of market competition in future; furthermore, this Council also requests the Government to seek actively to amend those provisions in the two power companies' Scheme of Control Agreements that are against consumers' interests, and to lower their permitted rate of return on average net fixed assets, so as to safeguard consumers' interests.

Question on the motion proposed.

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

Hon Fred LI replied.

Question on the motion put.

Hon Fred LI 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, 28 were present, six were in favour of the motion, 16 against it and five abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 26 were present, 12 were in favour of the motion, four against it and nine abstained. (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 December 1998 at 2:30 pm.

The Council was adjourned at 8:18 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong