LC Paper No. CB(3) 249/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 6
Minutes of the meeting of Wednesday 9 September 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 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 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

Members absent:

The Hon Eric LI Ka-cheung, JP
The Hon SIN Chung-kai
The Hon CHIM Pui-chung

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

Mr Dominic WONG Shing-wah, JP

Secretary for Housing

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 Bowen LEUNG Po-wing, JP

Secretary for Planning, Environment and Lands

Mrs Regina IP LAU Suk-yee, JP

Secretary for Security

Mr TAM Wing-pong, JP

Secretary for Trade and Industry

Mrs Rebecca LAI KO Wing-yee, JP

Secretary for Financial Services

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)

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. Statutes of the University of Hong Kong (Amendment) Statutes 1998	299/98
2. Boilers and Pressure Vessels (Exemption) (Consolidation) (Amendment) Order 1998	300/98
3. Antiquities and Monuments (Declaration of Historical Building) Notice 1998	301/98
4. Tax Reserve Certificates (Rate of Interest) (No.3) Notice 1998	302/98
5. Industrial Training (Clothing Industry) (Amendment) (No.2) Ordinance 1995 (31 of 1995) (Commencement) Notice 1998	303/98
6. Import and Export (Registration) (Amendment) Regulation 1995 (L.N. 544 of 1995) (Commencement) Notice 1998	304/98
7. Hong Kong Special Administrative Region Passports (Appeal Board) Regulation (L.N. 91 of 1998) (Commencement) Notice 1998	305/98
8. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.3) Regulation 1998	306/98
9. Revised Edition of the Laws (Rectification of Errors) Order 1998	307/98
10. Volunteer and Naval Volunteer Pensions Ordinance (Amendment of Schedules) Order 1998	308/98
11. Barristers Disciplinary Tribunal Proceedings (Amendment) Rules 1998	309/98

Sessional Papers

No.19	-	Report on the Administration of the Immigration Service Welfare Fund prepared by the Director of Immigration in accordance with Regulation 10 of the Immigration Service (Welfare Fund) Regulations
No.20	-	Hong Kong Trade Development Council Annual Report 1997/98

Report

Hon Mrs Selina CHOW, Chairman of the Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region, presented the Committee's report on the Procedural Arrangements for implementing Article 79(6) of the Basic Law and addressed the Council.

Questions

1. Hon CHENG Kai-nam asked Question 1.
   
   The Secretary for Transport replied.
   
   Six Members asked supplementaries and the Secretary for Transport replied.
   
   
2. Hon Ambrose CHEUNG asked Question 2.
   
   The Secretary for Transport replied.
   
   A Member asked one supplementary and the Secretary for Transport replied.
   
   
3. Hon Albert HO asked Question 3.
   
   The Secretary for Security replied.
   
   Five Members asked supplementaries. The Secretary for Security and the Secretary for Financial Services replied.
   
   
4. Prof Hon NG Ching-fai asked Question 4.
   
   The Secretary for Education and Manpower replied.
   
   Four Members asked supplementaries and the Secretary for Education and Manpower replied.
   
   
5. Hon CHAN Kam-lam asked Question 5.
   
   The Secretary for Health and Welfare replied.
   
   Eight Members asked supplementaries and the Secretary for Health and Welfare replied.
   
   
6. Dr Hon LUI Ming-wah asked Question 6.
   
   The Secretary for Trade and Industry replied.
   
   Four Members asked supplementaries and the Secretary for Trade and Industry replied.

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

Bills

First Reading

Human Reproductive Technology Bill

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
Human Reproductive Technology 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.

Resumption of Second Reading debate

Holidays (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 8 July 1998 resumed.

Hon Andrew CHENG addressed the Council on the Report of the Bills Committee on Holidays (Amendment) Bill 1998 which was presented by him and laid on the Table of this Council on 29 July 1998.

Five Members spoke on the motion.

The President reminded the meeting that her ruling on the admissibility of the proposed amendment at the Committee Stage should not be discussed in the debates on the Bill.

One more Member spoke on the motion.

The Secretary for Education and Manpower 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 Holidays (Amendment) Bill 1998.

Question that clauses 2, 3 and 5 stand part of the Bill proposed, put and agreed to.

Question that clauses 1 and 4 stand part of the Bill proposed.

Hon LEUNG Yiu-chung moved amendments to clauses 1 and 4 and addressed the Committee.

Seven Members and the Secretary for Education and Manpower spoke on the amendments.

Hon LEUNG Yiu-chung replied.

Question on the amendments put.

Hon LEUNG Yiu-chung claimed a division. The Chairman then ordered the Committee to divide under Rule 47(1) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 25 were present, eight were in favour of the amendments and 17 against them; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 21 were in favour of the amendments and six against them. (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 amendments were negatived.

Question that clauses 1 and 4 stand part of the Bill put.

Hon Andrew CHENG claimed a division. The Chairman then ordered the Committee to divide under Rule 47(1) of the Rules of Procedure.

The Chairman announced that there were 53 Members present, 36 were in favour of the motion, one against it and 12 abstained. (Voting record in Appendix II.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Question that the schedule stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Education and Manpower reported that

the Holidays (Amendment) Bill 1998

had passed through Committee without amendment. 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

Resolution under Article 75 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Hon Mrs Selina CHOW moved the resolution in Appendix III and addressed the Council.

Question on the resolution proposed.

A Member spoke on the resolution.

Question on the resolution put and agreed to.

Resolution under Article 79(6) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China

Dr Hon LEONG Che-hung moved the following resolution and addressed the Council:
Resolved that whereas the Honourable CHIM Pui-chung was convicted on 1 August 1998 in the Court of First Instance of the High Court in the Hong Kong Special Administrative Region of a criminal offence, and was sentenced on 3 August 1998 by the same Court to imprisonment for one month or more (as particularized in the Schedule), this Council relieves the Honourable CHIM Pui-chung of his duties as a Member of the Legislative Council.

SCHEDULE
Case No.	Court	Offence Convicted	Date of Conviction	Sentence	Date of Sentence
Criminal Case HCCC 133 of 1997	Court of First Instance of the High Court	Conspiracy to Forge, contrary to Common Law and section 71 of the Crimes Ordinance (Cap. 200)	1 August 1998	Imprisonment for 3 years	3 August 1998

Question on the resolution proposed.

Six Members spoke on the resolution.

Dr Hon LEONG Che-hung replied.
Question on the resolution 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 there were 47 Members present, 45 were in favour of the resolution and one abstained. (Voting record in Appendix IV.) Since the question was agreed by a two-thirds majority of the Members present, she declared that the resolution was carried. She also declared that Mr CHIM Pui-chung was no longer qualified as a Legislative Council Member.

The President suspended the meeting at 6:58 pm.

The Council resumed at 7:20 pm.

Attacks on the Hong Kong currency

Hon Bernard CHAN moved the following motion and addressed the Council:

That this Council urges the Government to adopt strategic and effective measures to deter further speculative attacks on the Hong Kong currency, which have immensely harmed the local economy. The adopted measures must aim to protect the integrity of the local capital markets, while maintaining investor confidence and market stability.

Question on Hon Bernard CHAN's motion proposed. The President stated that Hon Albert HO 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 Albert HO moved the following amendment to Hon Bernard CHAN's motion and addressed the Council:

To add "expeditiously" after "That this Council urges the Government to"; to delete "strategic and effective" and substitute with "appropriate legislative and administrative"; to add "improve the existing regulatory mechanism and operating rules of the financial market, so as to limit" after "measures to"; to delete "deter further speculative"; to delete ", which have immensely harmed the local economy. The adopted measures must aim to protect" and add "and speculative activities in the market; and not to further intervene by trading in the securities and futures markets, thereby protecting"; and to delete "the local capital markets, while maintaining investor" and substitute with "Hong Kong as an international financial centre and restoring local and overseas investors'".

At 7:33 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on Hon Albert HO's amendment to Hon Bernard CHAN's motion proposed.

10 Members spoke on the motion and the amendment.

At 8:40 pm, the President resumed the chair.

Another 12 Members spoke on the motion and the amendment.

Hon Bernard CHAN spoke on the amendment.

The Secretary for Financial Services spoke on the motion and the amendment.

Question on Hon Albert HO's amendment to Hon Bernard CHAN's motion put.

Hon Albert HO 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, 24 were present, four were in favour of the amendment and 20 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 13 were in favour of the amendment and 14 against it. (Voting record in Appendix V.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the amendment was negatived.

Hon Bernard CHAN replied.

Question on Hon Bernard CHAN's original motion put.

Hon CHENG Kai-nam 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, 24 were present, 23 were in favour of the motion and one against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 22 were in favour of the motion, two against it and three abstained. (Voting record in Appendix VI.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the motion was carried.

Urban renewal

Hon James TO moved the following motion and addressed the Council:

That this Council urges the Housing Authority to take part in providing assistance in rehousing the tenants affected by the redevelopment projects of the Land Development Corporation or of the Urban Renewal Authority to be established in the future.

Question on the motion proposed.

12 Members and the Secretary for Housing spoke on the motion.

Hon James TO 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 September 1998 at 2:30 pm.

The Council was adjourned at 12:08 am on 10 September 1998.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong