LC Paper No. CB(3) 57/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 2
Minutes of the meeting held on Wednesday 8 July 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
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 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
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 CHIM Pui-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
Dr the Hon TANG Siu-tong, 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
Member absent:
Dr the Hon Philip WONG Yu-hong
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 CHAU Tak-hay, JP
- Secretary for Trade and Industry
- Mr Nicholas NG Wing-fui, JP
- Secretary for Transport
- Mr Dominic WONG Shing-wah, JP
- Secretary for Housing
- Mr Rafael HUI Si-yan, GBS, JP
- Secretary for Financial Services
- Mr Joseph WONG Wing-ping, GBS, JP
- Secretary for Education and Manpower
- Mr Peter LAI Hing-ling, JP
- Secretary for Security
- Mr Stephen IP Shu-kwan, JP
- Secretary for Economic Services
- Mr David LAN Hong-tsung, JP
- Secretary for Home Affairs
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mrs Justina LAM CHENG Bo-ling,
- Assistant Secretary General (2)
- 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. Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 1998
|
260/98
|
| 2. Merchant Shipping (Launches and Ferry Vessels)(Amendment) Regulation 1998
|
261/98
|
| 3. Merchant Shipping (Miscellaneous Craft) (Amendment) Regulation 1998
|
262/98
|
| 4. Fugitive Offenders (New Zealand) Order
|
263/98
|
| 5. Exemption from Profits Tax (Interest Income) Order
|
264/98
|
| 6. Road Traffic (Traffic Control) (Designation of Prohibited and Restricted Zones) Notice
|
266/98
|
| 7. Air Passenger Departure Tax (Amendment) Ordinance 1998 (20 of 1998) (Commencement) Notice 1998
|
267/98
|
Sessional Papers
| No. 1- |
Schedule of revisions to the 1997/98 Estimates approved by the Provisional Urban Council during the fourth quarter of the 1997/98 financial year
|
| No. 2- |
Revised list of works of the Provisional Urban Council for the 1997/98 financial year (during the fourth quarter ended 31 March 1998)
|
| No. 3- |
Revised Estimates of Expenditure of the Provisional Regional Council for the 1997/98 financial year
|
| No. 4- |
Revised list of works of the Provisional Regional Council for the 1997/98 financial year (during the fourth quarter ended 31 March 1998)
|
Questions
1. Hon James TO asked Question 1.
The Secretary for Security replied.
Three Members asked supplementaries and the Secretary for Security replied.
2. Dr Hon HO Chung-tai asked Question 2.
The Secretary for Economic Services replied.
Six Members asked supplementaries. The Secretary for Economic Services replied.
3. Hon Howard YOUNG asked Question 3.
The Secretary for Home Affairs replied.
Seven Members asked supplementaries and the Secretary for Home Affairs replied.
4. Hon Emily LAU asked Question 4.
The Secretary for Constitutional Affairs replied.
Five Members asked supplementaries. The Secretary for Constitutional Affairs and the Secretary for Security replied.
5. Hon TAM Yiu-chung asked Question 5.
The Secretary for Security replied.
Five Members asked supplementaries and the Secretary for Security replied.
6. Hon SIN Chung-kai asked Question 6.
The Secretary for Financial Services replied.
Three Members asked supplementaries and the Secretary for Financial Services replied.
Written replies to Questions 7 to 18 were tabled for Members' information.
Bills
First Reading
Holidays (Amendment) Bill 1998
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
Holidays (Amendment) Bill 1998
The Secretary for Education and Manpower 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
Interpretation and General Clauses Ordinance
Dr Hon LEONG Che-hung moved the following resolution and addressed the Council:
Resolved that in relation to the -
- Housing (Amendment) Ordinance 1997 (108 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 180 of 1998;
- Housing (Amendment) Ordinance 1998 (3 of 1998) (Commencement) Notice 1998, published as Legal Notice No. 181 of 1998;
- Consumer Goods Safety Regulation (L.N. 110 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 182 of 1998; and
- Toys and Children's Products Safety Regulation (L.N. 111 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 183 of 1998,
and laid on the table of the Provisional Legislative Council on 18 March 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.
Question on the resolution proposed, put and agreed to.
Interpretation and General Clauses Ordinance
Dr Hon LEONG Che-hung moved the following resolution and addressed the Council:
Resolved that in relation to the -
- Designation of Libraries (Urban Council Area) Order 1998, published as Legal Notice No. 188 of 1998;
- Declaration of Markets in the Urban Council Area (Amendment) Declaration 1998, published as Legal Notice No. 189 of 1998;
- Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1998, published as Legal Notice No. 190 of 1998;
- Banking Ordinance (Declaration under section 2(14)(d)) (No.3) Notice 1997 (Amendment) Notice 1998, published as Legal Notice No. 191 of 1998,
- Declaration of Change of Title (Secretary for Broadcasting, Culture and Sport) Notice 1998, published as Legal Notice No. 192 of 1998, and
- Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1998 (L.N. 69 of 1998) (Commencement) Notice 1998, published as Legal Notice No. 193 of 1998,
and laid on the table of the Provisional Legislative Council on 25 March 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.
Question on the resolution proposed, put and agreed to.
Interpretation and General Clauses Ordinance
Dr Hon LEONG Che-hung moved the following resolution and addressed the Council:
Resolved that in relation to the Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1998 (L.N. 96 of 1998) (Commencement) Notice 1998, published as Legal Notice No. 196 of 1998 and laid on the table of the Provisional Legislative Council on 1 April 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.
Question on the resolution proposed, put and agreed to.
Interpretation and General Clauses Ordinance
Dr Hon LEONG Che-hung moved the following resolution and addressed the Council:
Resolved that in relation to the Marriage and Children (Miscellaneous Amendments) Ordinance 1997 (69 of 1997) (Commencement) Notice 1998, published as Legal Notice No. 199 of 1998 and laid on the table of the Provisional Legislative Council on 7 April 1998, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1), as extended under section 34(3) thereof, be extended under section 34(4) thereof to the meeting of 15 July 1998.
Question on the resolution proposed, put and agreed to.
Resolution on "Timing of registration of interests by Members of the Legislative Council"
Dr Hon LEONG Che-hung moved the following resolution and addressed the Council:
That pursuant to and for the purpose of Rule 83(1) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region, every Member of the Legislative Council shall, not later than 24 July 1998, furnish to the Clerk to the Legislative Council particulars of his/her registrable interests in the form as set out in the Schedule, which has been approved by the President.
Question on the resolution proposed, put and agreed to.
Formation of Panels
Dr Hon LEONG Che-hung moved the motion in Appendix I and addressed the Council.
Question on the motion proposed, put and agreed to.
The Legislative Council Commission Ordinance
Dr Hon LEONG Che-hung moved the resolution in Appendix II and addressed the Council.
Question on the resolution proposed, put and agreed to.
Alleviating the hardship of people's livelihood
Hon CHAN Kam-lam moved the following motion and addressed the Council:
That, as Hong Kong has entered a period of economic adjustment, this Council urges the Government to face up to the serious impact of the continued economic downturn on people's livelihood and take the following immediate and effective measures to alleviate such hardship:
- freeze the rents for public housing flats for one year across the board and reduce the rents for commercial premises in public housing estates by 30%;
- reduce the petrol tax by 30%;
- return 20% of the salaries tax and profits tax paid for the year 1996-97; and
- establish a Social Welfare Services Development Fund to implement its commitments to social welfare services, and increase employment opportunities;
at the same time, the Government should also formulate a long-term industrial policy to advance Hong Kong's economic development.
Question on Hon CHAN Kam-lam's motion proposed. The President stated that Hon Mrs Selina CHOW had given notice to move an amendment to the motion. In accordance with the Rules of Procedure, the motion and the proposed amendment would be debated together in a joint debate.
Hon Mrs Selina CHOW moved the following amendment to Hon CHAN Kam-lam's motion and addressed the Council:
To add "and Government-owned commercial premises, including the wholesale food markets in Hong Kong and factory buildings," after "reduce the rents for commercial premises in public housing estates".
Question on Hon Mrs Selina CHOW's amendment to Hon CHAN Kam-lam's motion proposed.
27 Members spoke on the motion and the amendment.
Hon CHAN Kam-lam spoke on the amendment.
The Financial Secretary spoke on the motion and the amendment.
Question on Hon Mrs Selina CHOW's amendment to Hon CHAN Kam-lam's motion put and agreed to.
Hon CHAN Kam-lam replied.
Question on Hon CHAN Kam-lam's motion as amended by Hon Mrs Selina CHOW put.
Hon Emily LAU 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, 27 were present, 26 were in favour of the amended motion and one was against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 25 were present and 24 were in favour of the amended motion. (Voting record in Appendix III.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the amended motion was carried.
Unemployment
Hon LEUNG Yiu-chung moved the following motion and addressed the Council:
That, in view of the continued rise in the unemployment rate to an all-time high in 15 years, this Council is of the view that, to ameliorate the unemployment situation in the territory in the long run, the Government must abandon its previous policy direction of blindly pursuing a 'bubble economy', and should actively develop local industries as well as high-technology and high value-added industries; furthermore, to help the hundreds of thousands of currently unemployed persons tide over these difficult times and re-join the labour market, this Council urges the Government to adopt the following measures immediately:
- create more employment opportunities by increasing the manpower resources in the social services, medical and educational fields;
- make immediate provisions for the creation of temporary posts and assist the unemployed in getting employment as soon as possible;
- put a halt to the Supplementary Labour Scheme;
- speed up the progress of infrastructural projects and promptly implement other planned transport and infrastructural projects;
- introduce legislation to require employers to consult labour unions or employee representatives before resorting to layoffs, so as to reduce the number of people laid off as far as possible;
- provide financial assistance to the unemployed; and
- raise the amount of subsidy granted to participants in retraining programmes.
Question on the motion proposed.
One Member spoke on the motion.
At 8:37 pm, the President's Deputy took the chair during the temporary absence of the President.
Another 12 Members spoke on the motion.
At 9:46 pm, the President resumed the chair.
13 further Members and the Secretary for Education and Manpower spoke on the motion.
Hon LEUNG Yiu-chung replied.
Question on the motion put.
Hon CHAN Kam-lam 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, 22 were present, seven were in favour of the motion, 13 against it and two abstaining; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 23 were present, 17 were in favour of the motion and five against it. (Voting record in Appendix IV.) 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 15 July 1998 at 2:30 pm.
The Council was adjourned at 11:34 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
