LC Paper No. CB(3) 1048/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 21
Minutes of the meeting held on Wednesday 6 January 1999 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 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 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
Dr the Hon TANG Siu-tong, JP
Members absent:
Dr the Hon LUI Ming-wah, JP
The Hon FUNG Chi-kin
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
- Mrs Katherine FOK LO Shiu-ching, JP
- Secretary for Health and Welfare
- Mr Rafael HUI Si-yan, GBS, JP
- Secretary for Financial Services
- Mr LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr Stephen IP Shu-kwan, JP
- Secretary for Economic Services
- Mr David LAN Hong-tsung, JP
- Secretary for Home Affairs
- Mrs Regina IP LAU Suk-yee, JP
- Secretary for Security
- Mr LEUNG Chin-man, JP
- Secretary for Housing
- Mr Patrick LAU Lai-chiu, JP
- Secretary for Planning, Environment and Lands
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- Deputy Secretary General
- Mr Ray CHAN Yum-mou,
- Assistant Secretary General (3)
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. | Country Parks (Designation) (Consolidation) (Amendment) Order 1998 | 382/98
|
| 2. | Lung Fu Shan Country Park (Designation) Order 1998 | 383/98
|
| 3. | Hotel and Guesthouse Accommodation (Exclusion) Order | 384/98
|
| 4. | Designation of Libraries (Urban Council Area) (No.5) Order 1998 | 385/98
|
| 5. | Designation of Museums (Amendment) Order 1998 | 386/98
|
| 6. | Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No. 2) Order 1998 | 387/98
|
| 7. | Declaration of Markets in the Urban Council Area (Amendment) (No. 2) Declaration 1998 | 388/98
|
| 8. | Solicitors' Practice (Amendment) (No. 4) Rules 1998 | 389/98
|
| 9. | Estate Agents Ordinance (Cap. 511) (Commencement) (No. 2) Notice 1998 | 390/98
|
| 10. | Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403 Sub. Leg.) (Commencement) Notice 1998 | 391/98
|
| 11. | Tax Reserve Certificates (Rate of Interest) (No.5) Notice 1998 | 392/98
|
| 12. | Travel Industry Compensation Fund (Amount of Ex Gratia Payments and Financial Penalty) (Amendment) Rules 1998 | 394/98
|
| 13. | Employees Retraining Ordinance (Amendment of Schedule 2) (No. 2) Notice 1998 | 395/98
|
| 14. | Industrial Training (Clothing Industry) (Amendment) Ordinance 1998 (40 of 1998) (Commencement) Notice 1998 | 396/98
|
| 15. | Import and Export (Registration) (Amendment) (No. 2) Regulation 1998 (L.N. 334 of 1998) (Commencement) Notice 1998 | 397/98
|
| 16. | Introduction of the Euro Ordinance (41 of 1998) (Commencement) Notice 1998 | 398/98
|
Sessional Papers
| No.81 | - | Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 1998
|
| No.82 | - | Report by the Commissioner of Police on Police Welfare Fund for the period 1 April 1997 - 31 March 1998
|
Report
Report of the Bills Committee on Securities (Insider Dealing) (Amendment) Bill 1998
Questions
The President stated that an electronic queuing system had been installed in the Chamber to register in sequence Members' requests to ask supplementary questions. The system would be tried out from this meeting onwards. Apart from raising their hands, Members were invited to press the 'Request-to-speak' buttons in front of their seats to indicate their requests.
1. Hon Ambrose LAU asked Question 1.
The Secretary for Health and Welfare replied.
Nine Members asked supplementaries and the Secretary for Health and Welfare replied.
2. Hon Christine LOH asked Question 2.
The Secretary for Constitutional Affairs replied.
Seven Members asked supplementaries. The Secretary for Constitutional Affairs and the Secretary for Security replied.
3. Dr Hon TANG Siu-tong asked Question 3.
The Secretary for Health and Welfare replied.
Six Members asked supplementaries and the Secretary for Health and Welfare replied.
4. Hon WONG Yung-kan asked Question 4.
The Secretary for Economic Services replied.
Four Members asked supplementaries and the Secretary for Economic Services replied.
5. Hon TAM Yiu-chung asked Question 5.
The Secretary for Housing replied.
Five Members asked supplementaries and the Secretary for Housing replied.
6. Hon Bernard CHAN asked Question 6.
The Secretary for the Civil Service replied.
Six Members asked supplementaries and the Secretary for the Civil Service replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
Bills
First Reading
Adaptation of Laws (No.13) Bill 1998
Adaptation of Laws (No.15) Bill 1998
Adaptation of Laws (No.12) Bill 1998
Adaptation of Laws (No.14) Bill 1998
Adaptation of Laws (No.16) Bill 1998
Adaptation of Laws (No.17) Bill 1998
Adaptation of Laws (No.11) 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
Adaptation of Laws (No.13) Bill 1998
Adaptation of Laws (No.15) Bill 1998
The Chief Secretary for Administration 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.
Adaptation of Laws (No.12) 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.
Adaptation of Laws (No.14) Bill 1998
Adaptation of Laws (No.16) Bill 1998
Adaptation of Laws (No.17) Bill 1998
The Secretary for Home Affairs moved the Second Reading and addressed the Council on each of the above three 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.
Adaptation of Laws (No.11) Bill 1998
The Secretary for Planning, Environment and Lands 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.
Resumption of Second Reading debate
Securities (Insider Dealing) (Amendment) Bill 1998
The debate on the Second Reading which had been moved on 23 September 1998 resumed.
Hon Andrew WONG, Chairman of the Bills Committee on Securities (Insider Dealing) (Amendment) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.
The Secretary for Financial Services replied.
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 Securities (Insider Dealing) (Amendment) Bill 1998.
Question that clause 1 stand part of the Bill proposed, put and agreed to.
Question that clause 2 stand part of the Bill proposed.
The Secretary for Financial Services moved an amendment to clause 2 and addressed the Committee.
Question on the amendment put and agreed to.
Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.
New clause 3 read the first time.
The Secretary for Financial Services moved the Second Reading of new clause 3 and addressed the Committee.
Question on the Second Reading of new clause 3 proposed, put and agreed to.
New clause 3 read the second time.
The Secretary for Financial Services moved the addition of new clause 3 to the Bill.
Question on the addition proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Financial Services reported that
the Securities (Insider Dealing) (Amendment) 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.
Members' Motions
Organ donation
Hon LAU Chin-shek moved the following motion and addressed the Council:
That this Council urges the Government to legislate for the implementation of the "opt-out scheme for organ donation" to ensure that needy patients can undergo organ transplants surgery early and, prior to the implementation of the opt-out scheme, the Government should adopt administrative measures to indicate the wish of donors on their personal documents such as identity cards or driving licences, so that their wish to donate their organs after death is stated more clearly.
Question on the motion proposed.
10 Members and the Secretary for Health and Welfare spoke on the motion.
Hon LAU Chin-shek replied.
Question on the motion put.
Hon LAU Chin-shek 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, 23 were present, four were in favour of the motion and 19 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 26 were present, 10 were in favour of the motion, 14 against it and one abstained. (Voting record in Appendix I.) 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.
Reviewing the waste management policy
Hon CHOY So-yuk moved the following motion and addressed the Council:
That this Council urges the Government to immediately review the waste management policy and, under the principle of sustainable development, to consider setting up a Renewable Resources Centre, with a view to systematically take measures to assist the development of waste paper and other recycling industries, including widely consulting the industries concerned, environmental protection and labour organizations as well as other relevant bodies, expeditiously reviewing the waste disposal charging scheme, actively considering the alternative of collecting a recovery deposit from waste producers for the purpose of establishing a recycling fund, and encouraging the recycling sector to develop environmental protection industries geared to local needs, thereby creating employment opportunities for the underprivileged in the community; at the same time, additional supporting facilities should be introduced expeditiously to facilitate the separation and recovery of waste by the public; the Government should also enhance environmental protection education among government officials and the public, and require all government departments to give priority to the use of recycled products wherever possible, in order to achieve ultimately the desirable results of enhancing the effectiveness of environmental protection, revitalizing the local market for environmental protection industries, improving the investment environment for the recycling industries and their competitiveness internationally, saving the Government's resources and creating employment opportunities.
At 6:10 pm, the President's Deputy took the chair during the temporary absence of the President.
Question on Hon CHOY So-yuk's motion proposed.
The President's Deputy stated that Hon Christine LOH would move an amendment to the motion. In accordance with the Rules of Procedure, the motion and the amendment would be debated together in a joint debate.
Hon Christine LOH moved the following amendment to Hon CHOY So-yuk's motion and addressed the Council:
To delete"the alternative of"; and to delete"from waste producers"and substitute with"on certain waste products".
Question on Hon Christine LOH's amendment to Hon CHOY So-yuk's motion proposed.
Nine Members spoke on the motion and the amendment.
At 7:22 pm, the President resumed the chair.
Another four Members spoke on the motion and the amendment.
Hon CHOY So-yuk spoke on the amendment.
The Secretary for Planning, Environment and Lands spoke on the motion and the amendment.
Question on Hon Christine LOH's amendment to Hon CHOY So-yuk's motion put and negatived.
Hon CHOY So-yuk replied.
Question on Hon CHOY So-yuk's original motion put.
Hon Selina CHOW 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, 21 were present, 15 were in favour of the original motion and six abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 27 were in favour of the original motion and one abstained. (Voting record in Appendix II.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the original motion was carried.
Next Meeting
The President declared that the next meeting of the Council would be held on 13 January 1999 at 2:30 pm.
The Council was adjourned at 8:17 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
