LC Paper No. CB(3) 1738/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 40
___________
Minutes of the meeting held on Wednesday 9 June 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 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
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 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
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 HO Sai-chu, JP
Dr the Hon David LI Kwok-po, JP
The Hon Ronald ARCULLI, JP
The Hon Howard YOUNG, JP
Public officers attending:
- The Honourable Mrs Anson CHAN, JP
- The Chief Secretary for Administration
- Mr Rafael HUI Si-yan, GBS, 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 Dominic WONG Shing-wah, JP
- Secretary for Housing
- Mrs Katherine FOK LO Shiu-ching, JP
- Secretary for Health and Welfare
- Mr LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr Stephen IP Shu-kwan, 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
- 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. | Control of Chemicals Ordinance (Amendment of Schedule 3) Order 1999 | 138/99
|
| 2. | The Ombudsman Ordinance (Amendment of Schedule 1) Order 1999 | 139/99
|
| 3. | Rehabilitation of Offenders Ordinance (Amendment of Schedule) Order 1999 | 140/99
|
| 4. | Securities and Futures Commission (Fees) (Amendment) Rules 1999 | 141/99
|
| 5. | Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation | 142/99
|
| 6. | District Councils (Election Petition) Rules | 143/99
|
| 7. | Control of Chemicals Ordinance (Amendment of Schedule 2) Order 1999 | 144/99
|
| 8. | Tax Reserve Certificates (Rate of Interest) (No. 4) Notice 1999 | 145/99
|
Questions
1. Hon NG Leung-sing asked Question 1.
The Secretary for Economic Services replied.
Three Members asked supplementaries and the Secretary for Economic Services replied.
2. Hon LEE Wing-tat asked Question 2.
The Secretary for Planning, Environment and Lands replied.
Seven Members asked supplementaries. The Secretary for Planning, Environment and Lands and the Secretary for Economic Services replied.
3. Hon CHAN Yuen-han asked Question 3.
The Secretary for Housing replied.
Seven Members asked supplementaries and the Secretary for Housing replied.
4. Hon YEUNG Yiu-chung asked Question 4.
The Secretary for Justice replied.
Six Members asked supplementaries and the Secretary for Justice replied.
5. Hon MA Fung-kwok asked Question 5.
The Secretary for Trade and Industry replied.
Six Members asked supplementaries and the Secretary for Trade and Industry replied.
6. Hon Ambrose CHEUNG asked Question 6.
The Secretary for Constitutional Affairs replied.
Five Members asked supplementaries and the Secretary for Constitutional Affairs replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
Bills
First Reading
Adaptation of Laws (No.15) 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
Adaptation of Laws (No.15) Bill 1999
The Secretary for Economic 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
Civil Service Reform
Hon CHAN Kwok-keung moved the following motion and addressed the Council:
That this Council considers that the Government has to gain the acceptance and support of civil servants before introducing the civil service reform, and that only through the active participation of civil servants can the reform be implemented successfully; as such, this Council urges that, prior to implementing the reform, the Government should:
- set out clearly the details of the reform proposals, consult the civil service adequately and seriously take their views into account; and
- reconsider the proposals put forward in the Consultation Document on Civil Service Reform, such as appointment on agreement terms and performance pay, with a view to maintaining a stable, honest, law-abiding and outstanding civil service,
and should adopt a step by step approach in implementing the reform.
Question on Hon CHAN Kwok-keung's motion proposed. The President stated that Hon Emily LAU would move an amendment to the motion and that Hon CHEUNG Man-kwong would also move an amendment to Hon Emily LAU's proposed amendment. In accordance with the Rules of Procedure, the motion, the amendment and the amendment to the amendment would be debated together in a joint debate.
Hon Emily LAU moved the following amendment to Hon CHAN Kwok-keung's motion and addressed the Council:
To delete "the Government has to gain the acceptance and support of civil servants before introducing the civil service reform, and that only through the active participation of civil servants can the reform be implemented successfully; as such, this Council urges that, prior to implementing the reform, the Government" after "That this Council considers that" and substitute with "the civil service reform"; and to delete "(a) set out clearly the details of the reform proposals, consult the civil service adequately and seriously take their views into account; and (b) reconsider the proposals put forward in the Consultation Document on Civil Service Reform, such as appointment on agreement terms and performance pay, with a view to maintaining a stable, honest, law-abiding and outstanding civil service, and should adopt a step by step approach in implementing the reform" and substitute with "(a) include the system of accountability for senior civil servants; (b) streamline the disciplinary procedures; (c) not implement employment on agreement terms across the board; (d) consider the introduction of a provident fund system; and (e) establish a fair and open performance appraisal mechanism before introducing performance pay; and as a stable, honest, law-abiding and outstanding civil service is of great importance to Hong Kong and the civil service reform will have far-reaching implications, this Council urges the Administration to fully consider the views of the public and of the civil service".
Question on Hon Emily LAU's amendment to Hon CHAN Kwok-keung's motion proposed.
Hon CHEUNG Man-kwong moved the following amendment to Hon Emily LAU's proposed amendment and addressed the Council:
To add "set up an independent review committee to study the above issues," after "this Council urges the Administration to"; to delete "and of" from "fully consider the views of the public and of" and substitute with ","; and to add "and the Government, and submit a report and make recommendations thereafter " after " the civil service".
Question on Hon CHEUNG Man-kwong's amendment to Hon Emily LAU's amendment proposed.
13 Members spoke on the motion and the amendments.
At 6:00 pm, the President's Deputy took the chair during the temporary absence of the President.
Another 11 Members spoke on the motion and the amendments.
At 7:14 pm, the President resumed the chair.
Four further Members spoke on the motion and the amendments.
Hon CHAN Kwok-keung spoke on the amendments.
The Secretary for the Civil Service spoke on the motion and the amendments.
Question on Hon CHEUNG Man-kwong's amendment to Hon Emily LAU's amendment put.
Hon CHAN Wing-chan 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, four were in favour of the amendment and 17 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 11 were in favour of the amendment, 16 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 Hon CHEUNG Man-kwong's amendment to Hon Emily LAU's amendment was negatived.
Question on Hon Emily LAU's amendment to Hon CHAN Kwok-keung's motion put.
Hon CHAN Wing-chan 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 amendment and six against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 16 were in favour of the amendment and 11 against it. (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 Hon Emily LAU's amendment to Hon CHAN Kwok-keung's motion was agreed.
Hon CHAN Kwok-keung replied.
Question on Hon CHAN Kwok-keung's motion as amended by Hon Emily LAU 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, 21 were present, 16 were in favour of the amended motion and five against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 16 were in favour of the amended motion, 11 against it and one abstained. (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 Hon CHAN Kwok-keung's motion as amended by Hon Emily LAU was carried.
Developing Chinese medicine centre
Hon YEUNG Yiu-chung moved the following motion and addressed the Council:
That this Council urges the Government to expeditiously formulate a comprehensive and long-term policy on the development of Chinese medicine, so as to facilitate the development of Hong Kong into an international centre for Chinese medicine; the policy should include:
- incorporating Chinese medicine into Hong Kong's public health care system;
- developing Hong Kong into a centre for the co-ordination, research and development, quality control, information and promotion of Chinese medicine; and
- developing Hong Kong into a centre for promoting high value-added proprietary Chinese medicine, as well as natural and health products.
Question on the motion proposed.
15 Members, the Secretary for Health and Welfare and the Secretary for Trade and Industry spoke on the motion.
Hon YEUNG Yiu-chung 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 16 June 1999 at 2:30 pm.
The Council was adjourned at 10:15 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
