LC Paper No. CB(3) 636/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 15
Minutes of the meeting held on Wednesday 11 November 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
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 Kong-wah
The Hon LAU Wong-fat, GBS, 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:

Dr the Hon David LI Kwok-po, JP
Dr the Hon LUI Ming-wah, JP
The Hon LAU Chin-shek, JP
The Hon Mrs Miriam LAU Kin-yee, JP

Public officers attending:
The Honourable Donald TSANG Yam-kuen, JP
The Financial Secretary

The Honourable Elsie LEUNG Oi-sie, JP
The Secretary for Justice

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

Mr Rafael HUI Si-yan, GBS, JP
Secretary for Financial Services

Mr Bowen LEUNG Po-wing, JP
Secretary for Planning, Environment and Lands

Miss Denise YUE Chung-yee, JP
Secretary for the Treasury

Mrs Regina IP LAU Suk-yee, JP
Secretary for Security

Mr Leo KWAN Wing-wah, JP
Secretary for Economic Services

Mr Kevin HO Chi-ming, JP
Secretary for Transport

Mr Matthew CHEUNG Kin-chung, JP
Secretary for Education and Manpower
Clerks in attendance:
Mr Ricky FUNG Choi-cheung, JP,
Secretary General

Ms Pauline NG Man-wah,
Assistant Secretary General (1)

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 LegislationL.N. No.
1.Registered Designs Ordinance (Amendment of Schedule) Regulation 1998340/98
2. Patents Ordinance (Amendment of Schedule 1) Order 1998 341/98
3. Trade Marks Ordinance (Amendment of Schedule) Order 1998 342/98
4. Specification of Public Offices343/98
5. Professional Accountants (Amendment) Bylaw 1998344/98
6. Practising Certificate (Solicitors) (Amendment) Rules 1998345/98


Sessional Paper

No.56-Hong Kong Tourist Association
Annual Report 97/98


Questions

1. Hon Edward HO asked Question 1.

The Secretary for Planning, Environment and Lands replied.

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

2. Hon Andrew WONG asked Question 2.

The Secretary for Security replied.

Five Members asked supplementaries and the Secretary for Security replied.

3. Hon Bernard CHAN asked Question 3.

The Secretary for Economic Services replied.

Eight Members asked supplementaries and the Secretary for Economic Services replied.

4. Hon Cyd HO asked Question 4.

The Secretary for Education and Manpower replied.

Six Members asked supplementaries and the Secretary for Education and Manpower replied.

5. Hon CHAN Yuen-han asked Question 5.

The Secretary for Transport replied.

Eight Members asked supplementaries. The Secretary for Transport and the Secretary for Planning, Environment and Lands replied.

6. Hon CHAN Kwok-keung asked Question 6.

The Secretary for Education and Manpower replied.

Eight Members asked supplementaries and the Secretary for Education and Manpower replied.

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

Bills

First Reading
Adaptation of Laws (No.5) Bill 1998
Adaptation of Laws (No.4) Bill 1998
Adaptation of Laws (No.6) Bill 1998
Business Registration (Amendment) Bill 1998
Adaptation of Laws (No.3) Bill 1998
Marriage (Certificate of Absence of Marriage Record) 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.5) Bill 1998

In the absence of the Chief Secretary for Administration, the President called upon the Secretary for Justice to move the Second Reading and address 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.4) 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.6) Bill 1998
Business Registration (Amendment) Bill 1998

The Secretary for the Treasury 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.3) Bill 1998
Marriage (Certificate of Absence of Marriage Record) Bill 1998
The Secretary for Security 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.

Resumption of Second Reading debate

Bankruptcy (Amendment) Bill 1998

The debate on the Second Reading which had been moved on 30 September 1998 resumed.

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 Bankruptcy (Amendment) Bill 1998.

Question that clauses 1 to 12 stand part of the Bill proposed, put and agreed to.

Question that schedules 1 to 11 stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Financial Services reported that the Bankruptcy (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

Encouraging public utilities companies to reduce fees

Hon CHENG Kai-nam moved the following motion and addressed the Council:

That, in view of the current economic downturn in Hong Kong, the high unemployment rate, and the heavy burden on people's livelihood, this Council urges the Government to understand the public's sentiments and actively encourage public utilities companies providing transport, energy and other services to reduce their fees and to urge these companies not to lay off or reduce the salaries of their employees because of the fee reduction.

Question on the motion proposed. The President stated that Hon James TIEN 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 James TIEN moved the following amendment to Hon CHENG Kai-nam's motion and addressed the Council:

To delete "understand the public's sentiments and actively encourage" and substitute with "discuss with the"; to delete "to reduce their fees" and substitute with "fee reductions that will not affect the companies' sound financial management,"; to add "to make every effort to avoid" after 弌nd to urge these companies"; to delete 忛ot to lay" and substitute with "laying"; and to delete "reduce" and substitute with "reducing".

Question on Hon James TIEN's amendment to Hon CHENG Kai-nam's motion proposed.

18 Members spoke on the motion and the amendment.

Hon CHENG Kai-nam spoke on the amendment.

The Secretary for Transport and the Secretary for Economic Services spoke on the motion and the amendment.

Question on Hon James TIEN's amendment to Hon CHENG Kai-nam's 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, 22 were present, 14 were in favour of the amendment and eight against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, eight were in favour of the amendment and 19 against it. (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 amendment was negatived.

Hon CHENG Kai-nam replied.

Question on Hon CHENG Kai-nam's original motion put.

Hon James TIEN 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, 11 were in favour of the original motion and 11 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 original motion, one against it and four abstained. (Voting record in Appendix II.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the original motion was negatived.

Developing Hong Kong's tourism industry

Hon David CHU moved the following motion and addressed the Council:

That this Council urges the Government to expeditiously implement the various measures for developing Hong Kong's tourism industry vigorously and appoint a Commissioner for Tourism, and to ensure that the Commissioner is given the appropriate authority and resources to co-ordinate the work of all the relevant Government departments in facilitating tourism, so as to promote the development and enhance the long-term competitiveness of Hong Kong's tourism industry.

At 7:10 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on the motion proposed. The President's Deputy stated that Hon Howard YOUNG 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 Howard YOUNG moved the following amendment to Hon David CHU's motion and addressed the Council:

To delete "and" from "Hong Kong's tourism industry vigorously and", and to add after that ", including striving for the best terms for constructing and operating world-class theme parks in Hong Kong; in addition, the Government should expeditiously"; and to delete "to" from "and to ensure that the Commissioner is given the appropriate authority".

Question on Hon Howard YOUNG's amendment to Hon David CHU's motion proposed.

10 Members spoke on the motion and the amendment.

At 8:36 pm, the President resumed the chair.

Another 10 Members spoke on the motion and the amendment.

Hon David CHU spoke on the amendment.

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

Question on Hon Howard YOUNG's amendment to Hon David CHU's motion put and agreed to.

Hon David CHU replied.

Question on Hon David CHU's motion as amended by Hon Howard YOUNG put and agreed to.

Next Meeting

The President declared that the next meeting of the Council would be held on 18 November 1998 at 2:30 pm.

The Council was adjourned at 9:56 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong