LC Paper No. CB(3) 1224/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 26
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Minutes of the meeting held on Wednesday 3 February 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 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
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 SIN Chung-kai
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 CHOY So-yuk
The Hon Andrew CHENG Kar-foo
The Hon SZETO Wah
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 James TO Kun-sun
The Hon Emily LAU Wai-hing, JP
The Hon Timothy FOK Tsun-ting, 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 Michael SUEN Ming-yeung, JP
Secretary for Constitutional Affairs

Mr Gordon SIU Kwing-chue, JP
Secretary for Planning, Environment and Lands

Mr Nicholas NG Wing-fui, JP
Secretary for Transport

Mrs Katherine FOK LO Shiu-ching, JP
Secretary for Health and Welfare

Mr Joseph WONG Wing-ping, GBS, JP
Secretary for Education and Manpower

Mr Stephen IP Shu-kwan, JP
Secretary for Economic Services

Mr Leo KWAN Wing-wah, JP
Secretary for Home Affairs
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 LegislationL.N. No.
1.Probation of Offenders (Approved Institution) (Consolidation) (Amendment) Order 199925/99

2.Travel Industry Compensation Fund (Procedure for Ex Gratia Payments) (Amendment) Rules 199926/99
3.Employees Retraining Ordinance (Amendment of Schedule 2) Notice 199927/99
4.Tax Reserve Certificates (Rate of Interest) Notice 199928/99
5.Mental Health (Amendment) Ordinance 1997 (81 of 1997) (Commencement) Notice 199929/99
6.Mental Health (Specification of Special Treatment) Notice 1998 (Cap. 136 sub. leg.) (Commencement) Notice 199930/99
7.Mental Health Review Tribunal (Amendment) Rules 1998 (L.N. 100 of 1998) (Commencement) Notice 199931/99
8.Mental Health (Guardianship) (Amendment) Regulation 1998 (L.N. 99 of 1998) (Commencement) Notice 199932/99
9.Mental Health Guardianship Board Rules (Cap. 136 sub. leg.) (Commencement) Notice 199933/99


Sessional Papers

No.87-Li Po Chun Charitable Trust FundAnnual Report for the period 1 September 1997 to 31 August 1998

No.88-Hong Kong Arts Development CouncilAnnual Report 1 April 1997 - 31 March 1998

No.89-The Hong Kong Academy for Performing Arts Annual Report 1997-1998

No.90-The Hong Kong Academy for Performing Arts - Financial Statements and Auditor's Report for the year ended 30th June 1998


Questions

1. Hon HO Sai-chu asked Question 1.

The Secretary for Home Affairs replied.

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

2. Dr Hon YEUNG Sum asked Question 2.

The Secretary for Constitutional Affairs replied.

Seven Members asked supplementaries and the Secretary for Constitutional Affairs replied.

3. Hon CHAN Yuen-han asked Question 3.

The Secretary for Planning, Environment and Lands replied.

Six Members asked supplementaries. The Secretary for Planning, Environment and Lands and the Secretary for Economic Services replied.

4. Hon Andrew CHENG asked Question 4.

The Secretary for Transport replied.

Six Members asked supplementaries and the Secretary for Transport replied.

5. Hon LEUNG Yiu-chung asked Question 5.

The Secretary for Transport replied.

Five Members asked supplementaries and the Secretary for Transport replied.

6. Hon Howard YOUNG asked Question 6.

The Secretary for Transport replied.

Four Members asked supplementaries and the Secretary for Transport replied.

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

Bills

First Reading

Legislative Council (Amendment) Bill 1999
Elections (Corrupt and Illegal Conduct) Bill
Chinese Medicine Bill

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

Legislative Council (Amendment) Bill 1999
Elections (Corrupt and Illegal Conduct) Bill

The Secretary for Constitutional Affairs moved the Second Reading and addressed the Council on each of the above two Bills.

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

Chinese Medicine Bill

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.

Motion

Proposed resolution under the Protection of Wages on Insolvency Ordinance

The Secretary for Education and Manpower moved the following motion and addressed the Council:

Resolved that -

  1. with effect from 5 February 1999 ("the effective date"), section 16(2)(f)(i) of the Protection of Wages on Insolvency Ordinance be amended, by repealing "$36,000" where it twice appears and substituting "$50,000";

  2. the Ordinance as amended by this Resolution shall not apply in respect of a severance payment the liability for payment of which arose before the effective date; and

  3. the Ordinance as in force immediately before the effective date shall apply to a severance payment the liability for payment of which arose before that date as if this Resolution had not been made and passed.
Question on the motion proposed.

Seven Members spoke on the motion.

The Secretary for Education and Manpower replied.

Question on the motion put and agreed to.

Members' Motion

Report of the Select Committee

Hon Mrs Selina CHOW moved the following motion and addressed the Council:

That this Council endorses the Report of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues.

At 5:13 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on the motion proposed.

12 Members spoke on the motion.

At 7:12 pm, the President resumed the chair.

Another 13 Members and the Chief Secretary for Administration spoke on the motion.

Hon Mrs Selina CHOW replied.

Question on the motion put and agreed to.

Next Meeting

The President declared that the next meeting of the Council would be held on 10 February 1999 at 2:30 pm.

The Council was adjourned at 9:49 pm.

(Mrs Rita FAN) President
Council Chamber
Hong Kong