LC Paper No. CB(3) 1982/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 45
___________
Minutes of the meeting held on Wednesday 14 July 1999, Thursday 15 July 1999 and Friday 16 July 1999 at 9:00 am respectively
___________

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, SBS, JP (absent on 15.7.1999)
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, SBS, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Ir 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, SBS, JP
Dr the Hon David LI Kwok-po, JP (absent on 16.7.1999)
The Hon Fred LI Wah-ming, JP
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 (absent on 16.7.1999)
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, JP
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, SBS, JP (absent on 16.7.1999)
The Hon LAW Chi-kwong, JP
The Hon TAM Yiu-chung, GBS, JP
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP

Public officers attending:

On 14.7.1999, 15.7.1999 and 16.7.1999

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

On 14.7.1999 and 15.7.1999 only

Mr Michael SUEN Ming-yeung, GBS, JP
Secretary for Constitutional Affairs

On 14.7.1999 and 16.7.1999 only

The Honourable Mrs Anson CHAN, GBM, JP
The Chief Secretary for Administration

Mr Nicholas NG Wing-fui, JP
Secretary for Transport

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

Mr Joseph WONG Wing-ping, GBS, JP
Secretary for Education and Manpower

Mr KWONG Ki-chi, GBS, JP
Secretary for Information Technology and Broadcasting

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

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

Mr Gregory LEUNG Wing-lup, JP
Secretary for Health and Welfare

Miss Yvonne CHOI Ying-pik, JP
Secretary for Trade and Industry

On 14.7.1999 only

The Honourable Donald TSANG Yam-kuen, JP
The Financial Secretary

Mr Gordon SIU Kwing-chue, JP
Secretary for Planning, Environment and Lands

Mr Stephen IP Shu-kwan, JP
Secretary for Economic Services

Mr David LAN Hong-tsung, JP
Secretary for Home Affairs

Mr LEUNG Chin-man, JP
Secretary for Housing

Ms Annissa WONG Sean-yee, JP
Secretary for the Civil Service

On 16.7.1999 only

Mr LEE Shing-see, JP
Secretary for Works
Clerks in attendance:
On 14.7.1999, 15.7.1999 and 16.7.1999

Mr Ricky FUNG Choi-cheung, JP,
Secretary General

On 14.7.1999 and 15.7.1999

Mr LAW Kam-sang, JP,
Deputy Secretary General

On 14.7.1999 and 16.7.1999

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

Mrs Justina LAM CHENG Bo-ling,
Assistant Secretary General (2)

On 15.7.1999 and 16.7.1999

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. Post Office (Amendment) Regulation 1999178/99
2. Air Navigation (Hong Kong) (Amendment of Schedule 16) Order 1999 179/99
3. Telecommunication (Amendment) (No. 2) Regulation 1999180/99
4. Discovery Bay Tunnel Link Regulation181/99
5. Merchant Shipping (Safety) (High Speed Craft) (Amendment) Regulation 1999182/99
6. Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 1999183/99
7. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No. 4) Order 1999184/99
8. Declaration of Markets in the Regional Council Area (Amendment) (No. 2) Declaration 1999185/99
9. Tax Reserve Certificates (Fourth Series) (Amendment) Rules 1999 186/99
10. Tax Reserve Certificates (Amendment) Ordinance 1999 (24 of 1999) (Commencement) Notice 1999187/99

Sessional Papers

No. 142  -Sir Robert Black Trust Fund Annual Report for
the year 1 April 1998 to 31 March 1999
 No. 143  -Employees Retraining Board 1996-1997 Annual Report
 No. 144  - Employees Retraining Board 1997-1998 Annual Report
 No. 145  -Construction Industry Training AuthorityAnnual Report 1998
 No. 146  -Hong Kong Trade Development CouncilAnnual Report 1998/1999
 No. 147  -Airport Authority Hong KongAnnual Report 98/99
 No. 148  -1998 Annual Report by the Commissioner of the Independent Commission Against Corruption of the Hong Kong Special Administrative Region
 No. 149  -Independent Commission Against Corruption Complaints
Committee Annual Report 1998
 No. 150  -J.E. Joseph Trust Fund Report for the period 1 April 1998 to 31 March 1999
 No. 151  -Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 1998 to 31 March 1999
 No. 152  -Securities and Futures CommissionAnnual Report 1998-99

Reports

1. Report of the Bills Committee on Legislative Council (Amendment) Bill 1999
2. Report of the Bills Committee on Road Traffic (Amendment) Bill 1998
3. Report of the Bills Committee on Chinese Medicine Bill
4. Report of the Bills Committee on Factories and Industrial Undertakings (Amendment) Bill 1999

Addresses

Hon Fred LI addressed the Council on the 1998 Annual Report by the Commissioner of the Independent Commission Against Corruption of the Hong Kong Special Administrative Region.

Hon Howard YOUNG addressed the Council on the 1998 Annual Report of the Independent Commission Against Corruption Complaints Committee.

Questions

1.  Dr Hon YEUNG Sum asked Question 1.

The Secretary for Health and Welfare replied.

Nine Members asked supplementaries and the Secretary for Health and Welfare replied.
 

2.  Hon LEE Cheuk-yan asked Question 2.

The Secretary for Housing replied.

Six Members asked supplementaries and the Secretary for Housing replied.
 

3.  Hon Andrew CHENG asked Question 3.

The Secretary for Security replied.

Six Members asked supplementaries.  The Secretary for Security and the Secretary for Transport replied.
 

4.  Ir Dr Hon HO Chung-tai asked Question 4.

The Secretary for Planning, Environment and Lands replied.

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

5.  Hon YEUNG Yiu-chung asked Question 5.

The Secretary for Education and Manpower replied.

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

6.  Hon LAU Kong-wah asked Question 6.

The Secretary for Education and Manpower replied.

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

Written replies to Questions 7 to 19 were tabled for Members’ information.

Bills

First Reading

Adaptation of Laws (No.27) Bill 1999
Adaptation of Laws (No.21) Bill 1999
Adaptation of Laws (No.20) Bill 1999
Adaptation of Laws (No.32) Bill 1999
Adaptation of Laws (No.33) Bill 1999
Electronic Transactions Bill
Adaptation of Laws (No.25) Bill 1999
Adaptation of Laws (No.26) Bill 1999
Adaptation of Laws (No.28) Bill 1999
Adaptation of Laws (No.31) Bill 1999
Adaptation of Laws (No.34) Bill 1999
Adaptation of Laws (No.22) Bill 1999
Adaptation of Laws (No.29) Bill 1999
Adaptation of Laws (No.23) Bill 1999
Adaptation of Laws (No.24) Bill 1999
Adaptation of Laws (No.30) Bill 1999

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.27) Bill 1999

The Chief Secretary for Administration 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.21) Bill 1999

The Secretary for Transport 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.20) Bill 1999

The Secretary for Financial 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.
 

Adaptation of Laws (No.32) Bill 1999
Adaptation of Laws (No.33) Bill 1999

The Secretary for Education and Manpower 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.
 

Electronic Transactions Bill

The Secretary for Information Technology and Broadcasting 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.25) Bill 1999

The Secretary for the Treasury 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.26) Bill 1999

The Secretary for the Civil Service 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.28) Bill 1999
Adaptation of Laws (No.31) Bill 1999
Adaptation of Laws (No.34) Bill 1999

The Secretary for Economic Services 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.22) Bill 1999
Adaptation of Laws (No.29) Bill 1999

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.
 

Adaptation of Laws (No.23) Bill 1999
Adaptation of Laws (No.24) Bill 1999
Adaptation of Laws (No.30) Bill 1999

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.
 

 Chinese Medicine Bill

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 3 February 1999 resumed.

Prof Hon NG Ching-fai, Chairman of the Bills Committee on Chinese Medicine Bill, addressed the Council on the Report of the Bills Committee on the Bill.

Five Members spoke on the Bill.

The President suspended the meeting at 12:10 pm.

The Council resumed at 2:00 pm.

Another seven Members spoke on the Bill.

The Secretary for Health and Welfare 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 Chinese Medicine Bill.

Question that clauses 1, 3, 5, 6, 8, 9, 10, 12, 15, 16, 17, 19 to 25, 30, 32, 33, 34, 36 to 44, 47, 50, 51, 54, 55, 58, 59, 61, 64 to 68, 70 to 73, 75 to 78, 80, 81, 82, 86 to 93, 95, 96, 98 to 102, 104 to 107, 109 to 113, 115 to 127, 129, 130, 131, 133 to 144, 146 to 149, 151, 152, 153 and 155 to 159 stand part of the Bill proposed, put and agreed to.

Question that clause 4 stand part of the Bill proposed.

Dr Hon LEONG Che-hung withdrew the notice of his proposed amendment to clause 4 and addressed the Committee.

Seven Members spoke on the clause and the withdrawn proposed amendment.

The Secretary for Health and Welfare moved an amendment to clause 4 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 4, as amended, stand part of the Bill proposed, put and agreed to.

Question that clauses 2, 7, 11, 13, 14, 18, 26, 27, 28, 29, 31, 35, 45, 46, 48, 49, 52, 53, 56, 57, 60, 62, 63, 69, 74, 79, 83, 84, 85, 94, 97, 103, 108, 114, 128, 132, 145, 150, 154 and 160 stand part of the Bill proposed.

The Secretary for Health and Welfare moved amendments to clauses 2, 7, 11, 13, 14, 18, 26, 27, 28, 29, 31, 35, 45, 46, 48, 49, 52, 53, 56, 57, 60, 62, 63, 69, 74, 79, 83, 84, 85,
 

94, 97, 103, 108, 114, 128, 132, 145, 150, 154 and 160 and addressed the Committee.

A Member spoke on the amendments and the Secretary for Health and Welfare replied.

Question on the amendments put and agreed to.

Question that Clauses 2, 7, 11, 13, 14, 18, 26, 27, 28, 29, 31, 35, 45, 46, 48, 49, 52, 53, 56, 57, 60, 62, 63, 69, 74, 79, 83, 84, 85, 94, 97, 103, 108, 114, 128, 132, 145, 150, 154 and 160, as amended, stand part of the Bill proposed, put and agreed to.

New clause 153A, heading before new clause 161, new clause 161, heading before new clause 162, new clause 162, heading before new clause 163, new clauses 163, 164, 165, heading before new clause 166, new clauses 166, 167, heading before new clause 168, new clause 168, heading before new clause 169, new clause 169, heading before new clause 169A, new clauses 169A, 170, 171, 172, heading before new clause 173 and new clause 173 read the first time.

The Secretary for Health and Welfare moved the Second Reading of the above clauses and headings and addressed the Committee.

Question on the Second Reading of the said clauses and headings proposed, put and agreed to.

New clause 153A, heading before new clause 161, new clause 161, heading before new clause 162, new clause 162, heading before new clause 163, new clauses 163, 164, 165, heading before new clause 166, new clauses 166, 167, heading before new clause 168, new clause 168, heading before new clause 169, new clause 169, heading before new clause 169A, new clauses 169A, 170, 171, 172, heading before new clause 173 and new clause 173 read the second time.

The Secretary for Health and Welfare moved the addition of the above clauses and headings to the Bill.

Question on the addition proposed, put and agreed to.

Question that schedules 1 and 4 stand part of the Bill proposed, put and agreed to.

Question that schedules 2, 3 and 5 stand part of the Bill proposed.

The Secretary for Health and Welfare moved amendments to schedules 2, 3 and 5 and addressed the Committee.

Question on the amendments put and agreed to.

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

The Council then resumed.
 

Third Reading

The Secretary for Health and Welfare reported that

 the Chinese Medicine Bill

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.

Under Rule 16 of the Rules of Procedure, Hon Martin LEE sought the permission of the President for him to move a motion to adjourn the Council for the purpose of debating the issue of Government officials allegedly obstructing Members in returning to the Chamber to vote. The President suspended the meeting at 3:48 pm.

The Council resumed at 4:06 pm.

The President stated that Rule 16(2) of the Rules of Procedure provided that motion for the adjournment of the Council would be permitted if she was satisfied that the adjournment was for the purpose of discussing a specific issue of urgent public importance.  She believed that the alleged act was of a serious nature, since it was an offence under section 19 of the Legislative Council (Powers and Privileges) Ordinance for anyone to obstruct or molest any Member going to or going from the precincts of the Chamber.  However, she considered that the issue did not meet the urgency criterion, and she would not allow a debate.
 

 Legislative Council (Amendment) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 3 February 1999 resumed.

Hon Ronald ARCULLI, Chairman of the Bills Committee on Legislative Council (Amendment) Bill 1999, addressed the Council on the Report of the Bills Committee on the Bill.

20 Members spoke on the Bill.

At 7:20 pm, the President's Deputy took the chair during the temporary absence of the President.

Another five Members spoke on the Bill.

The Secretary for Constitutional Affairs replied.

At 8:01 pm, the President resumed the chair.

Question on the Second Reading 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 57 Members were present, 48 were in favour of the motion and eight against it.  (Voting record in Appendix 1.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Bill read the second time and committed to a Committee of the whole Council.

Committee Stage

The Council went into Committee and considered the Legislative Council (Amendment) Bill 1999.

Question that clauses 4, 7, 9, 14, 15, 17, 19, 23, 24, 28, 29, 33, 34, 37, 38, 39, 40, 41 and 46 stand part of the Bill proposed.

Hon LEE Wing-tat spoke on the motion.

In response to Hon LEE Wing-tat's request that the clauses be voted on separately, the Chairman suspended the meeting at 8:30 pm.

The Committee resumed at 8:38 pm.

The Chairman stated that the above clauses would be voted on separately in two batches, according to Hon Lee Wing-tat's request.

Question that clauses 4, 7, 9, 17, 19, 23, 24, 28, 29, 37, 38, 39 and 40 stand part of the Bill proposed, put and agreed to.

Question that clauses 14, 15, 33, 34, 41 and 46 stand part of the Bill proposed.

A Member spoke on the motion.

Hon LEE Wing-tat spoke on the motion and sought permission for him to correct the error he had made in requesting that all these clauses be grouped together for voting purpose because, in fact, his party was against clauses 14, 15, and 34 only and not the others.  He requested that these three clauses be voted on separately.  The Chairman approved the request.

Question that clauses 14, 15 and 34 stand part of the Bill proposed.

Two Members spoke twice on the motion.

Hon LEE Wing-tat claimed a division.  The Chairman then ordered the Committee to divide under Rule 47(1) of the Rules of Procedure.

The Chairman announced that 49 Members were present, 32 were in favour of the motion, 15 against it and one abstained. (Voting record in Appendix 2.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Question that clauses 33, 41 and 46 stand part of the Bill proposed, put and agreed to.

Dr Hon LEONG Che-hung rose to move the following motion without notice:

That in the event of further divisions being claimed in respect of the remaining motions to be moved at the Committee Stage of the Legislative Council (Amendment) Bill 1999 at this meeting, Rule 47(1)(c) of the Rules of Procedure be suspended so that the Chairman may order that the Committee do proceed to each of such divisions immediately after the division bell has been rung for one minute.

Question on the motion proposed, put and agreed to.

Question that clauses 3, 5, 8, 18, 31, 36, 43 and 48 stand part of the Bill proposed.

The Secretary for Constitutional Affairs moved amendments to clauses 3, 5, 8, 18, 36, 48, an amendment to subsection (3) of and the addition of subsections (3A), (3B) and (3C) to section 48 in clause 31 and the addition of paragraphs (aa), (ab), (ca), (zca) and (zda) to and amendments to paragraphs (b), (c), (d), (g)(ii), (i), (j) and (zd)(ii) of clause 43 and addressed the Committee.

A Member spoke on the amendments.

Question on the amendments put and agreed to.

Question that clauses 3, 5, 8, 18, 36 and 48, as amended, stand part of the Bill proposed, put and agreed to.

Question that clauses 2, 6, 25, 27, 30 and 47 stand part of the Bill proposed.

The Secretary for Constitutional Affairs moved amendments to clauses 25 and 47, paragraph (1) of proposed section 46A in clause 30, further amendments to clause 31, and the deletion of paragraph (a)(iii) from clause 2, clauses 6 and 27 and addressed the Committee.

13 Members spoke on the amendments.

The Secretary for Constitutional Affairs replied.

Another Member spoke and one Member who had spoken spoke again on the amendments.

The Secretary for Constitutional Affairs replied again.

Question on the amendments put.

Hon LEE Wing-tat claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that 53 Members were present, 34 were in favour of the amendments and 18 against them. (Voting record in Appendix 3.) Since the question was agreed by a majority of the Members present, she declared that the amendments were agreed.

The Chairman stated that as the motion to delete clauses 6 and 27 had been agreed, clauses 6 and 27 were therefore deleted from the Bill.

Question that clause 31, as amended, stand part of the Bill proposed, put and agreed to.

The Chairman suspended the meeting at 9:58 pm.
 

 *  *  *  *  *  *
 

The Committee resumed at 9:00 am on 15 July 1999.
 

The President ordered the Council to resume and granted leave for Hon LEE Wing-tat to move a motion under Rule 91 of the Rules of Procedure that Rule 58(5) of the Rules of Procedure be suspended to enable the Committee of the whole Council to consider the proposed new clause 30A ahead of the remaining clauses of the Bill.

Question on the motion proposed, put and agreed to.

The Council went into Committee again.

New clause 30A read the first time.

Hon LEE Wing-tat moved the Second Reading of new clause 30A and addressed the Committee.

Question on the Second Reading of new clause 30A proposed.

14 Members and the Secretary for Constitutional Affairs spoke on the motion.

Hon LEE Wing-tat replied.

Two Members who had spoken on the motion and the Secretary for Constitutional Affairs spoke again on the motion.

Question on the Second Reading of the new clause 30A put.

Hon LEE Wing-tat claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 29 were present, 14 were in favour of the motion and 15 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 15 were in favour of the motion and 13 against it. (Voting record in Appendix 4.) 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.

The Chairman stated that Hon LEE Wing-tat might not move further amendments to clauses 2 and 47 as they were inconsistent with the decision already taken by the Committee.

Question that clause 47, as amended, stand part of the Bill proposed, put and agreed to.

Question that clauses 10, 11, 22, 26 and 32 stand part of the Bill proposed.

Dr Hon YEUNG Sum moved further amendments to clauses 2 and 30 and amendments to clauses 10, 11, 22, 26 and 32 and addressed the Committee.

At 11:47 am, the Chairman's Deputy took the chair during the temporary absence of the Chairman.

Seven Members spoke on the amendments.

At 12:44 pm, the Chairman resumed the chair.

Another two Members and the Secretary for Constitutional Affairs spoke on the amendments.

Dr Hon YEUNG Sum replied.

Question on the amendments put.

Dr Hon YEUNG Sum claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 26 were present, seven were in favour of the amendments and 19 against them; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 25 were present, 13 were in favour of the amendments and 11 against them. (Voting record in Appendix 5.) 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.

The Chairman stated that Dr Hon YEUNG Sum might not move new clauses 24A and 40A as they were inconsistent with the decision already taken.

Question that clauses 10, 11, 26 and 32 stand part of the Bill put and agreed to.

The Secretary for Constitutional Affairs moved amendments to clause 22.

Question on the amendments put and agreed to.

Question that clauses 2 and 22, as amended, stand part of the Bill proposed, put and agreed to.

Question that clause 20 stand part of the Bill proposed.

The Secretary for Constitutional Affairs moved amendments to clause 20, the heading of clause 30 and further amendments to clause 25.

Question on the amendments put and agreed to.

Question that clauses 20 and 25, as amended, stand part of the Bill proposed, put and agreed to.

The Secretary for Constitutional Affairs moved further amendments to subsection (4) of the proposed section 46A in clause 30.

Question on the amendments put and agreed to.

Question that clause 35 stand part of the Bill proposed.

The President ordered the Council to resume and granted leave for Hon Andrew WONG to move a motion under Rule 91 of the Rules of Procedure that Rule 58(5) of the Rules of Procedure be suspended to enable the Committee of the whole Council to consider the proposed new clause 22A ahead of the remaining clauses of the Bill.

Question on the motion proposed, put and agreed to.

The Council went into Committee again.

New clause 22A read the first time.

Hon Andrew WONG moved the Second Reading of new clause 22A and addressed the Committee.

Question on the Second Reading of new clause 22A proposed.

Two Members and the Secretary for Constitutional Affairs spoke on the motion.

Hon Andrew WONG replied.

A Member who had spoken on the motion spoke again.

Question on the Second Reading of the new clause 22A put and negatived.

The Chairman stated that Hon Andrew WONG might not move further amendment to clause 30 and an amendment to clause 35 as they were inconsistent with the decision already taken by the Committee.

Question that clause 30, as amended, stand part of the Bill proposed, put and agreed to.

Question that clause 35 stand part of the Bill put and agreed to.

Question that clause 21 stand part of the Bill proposed.

Dr Hon LEONG Che-hung moved an amendment to clause 21 and addressed the Committee.

Three Members and the Secretary for Constitutional Affairs spoke on the amendment.

Dr Hon LEONG Che-hung replied.

A Member who had spoken on the amendment spoke again.

Question on the amendment put and negatived.

Question that clause 21 stand part of the Bill put and agreed to.

Question that clauses 1 and 45 stand part of the Bill proposed.

Hon Ambrose CHEUNG moved amendments to clauses 1 and 45 and addressed the Committee.

Three Members and the Secretary for Constitutional Affairs spoke on the amendments.

Hon Ambrose CHEUNG replied.

The Secretary for Constitutional Affairs spoke on the amendments again.

Question on the amendments put.

Hon Ambrose CHEUNG claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 27 were present, eight were in favour of the amendments and 19 against them; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 22 were present, nine were in favour of the amendments and 12 against them. (Voting record in Appendix 6.) 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 clause 1 stand part of the Bill put and agreed to.

The Secretary for Constitutional Affairs moved an amendment to clause 45.

Question on the amendment put and agreed to.

Question that clause 45, as amended, stand part of the Bill proposed, put and agreed to.

Question that clauses 12, 13, 16, 42 and 44 stand part of the Bill proposed.

Dr Hon LEONG Che-hung moved amendments to paragraph (za) in the proposed section 20(1) in clause 12, the proposed section 20ZA in clause 13, paragraphs (a)(xxvii) and (c) in clause 16, the deletion of proposed schedule 1E from clause 42, amendments to paragraphs (a)(ii), (h), (l), (i), (r), (s), (t) and (z) in clause 43, and an amendment to clause 44 and addressed the Committee.

Six Members spoke on the amendments.  While Hon LEE Cheuk-yan was speaking on the amendments, Hon Selina CHOW raised a point of order on whether Hon LEE Cheuk-yan's speech was outside the scope of the amendments. The Chairman ruled that Hon LEE Cheuk-yan's speech was outside the scope of the amendments and ordered him to stop.

A Member who had spoken on the amendments spoke again and the Secretary for Constitutional Affairs spoke on the amendments.

Dr Hon LEONG Che-hung replied.

Question on the amendments put.

Dr Hon LEONG Che-hung claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 28 were present, four were in favour of the amendments, 22 against them and two abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 21 were present, one was in favour of the amendments, 13 against them and six abstained. (Voting record in Appendix 7.) 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.

Dr Hon LEONG Che-hung withdrew the notice of his proposed amendments to the proposed section 20H in clause 13 and paragraphs (a)(ii), (h) and (t) of clause 43 and addressed the Committee.

Hon Christine LOH moved amendments to proposed section 20H in clause 13 and addressed the Committee.

Two Members and the Secretary for Constitutional Affairs spoke on the amendments.

Hon Christine LOH replied.

Question on the amendments put.

Hon Christine LOH claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 26 were present, eight were in favour of the amendments and 18 against them; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 23 were present, nine were in favour of the amendments and 13 against them. (Voting record in Appendix 8.) 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.

Hon Howard YOUNG moved amendments to paragraph (zb) in the proposed section 20(1) in clause 12, proposed sections 20O and 20ZB in clause 13, paragraphs (a)(xxviii) and (d) in clause 16, paragraphs (a), (h), (l), (p), (q), (r), (s), (w), (x), (y) and (z) in clause 43, the deletion of paragraph (t) from, and the addition of paragraph (xa) to clause 43, and an amendment to clause 44 and addressed the Committee.

Two Members spoke on the amendments.

At 3:43 pm, the Chairman's Deputy took the chair during the temporary absence of the Chairman.

Another Member spoke on the amendments.

At 3:46 pm, the Chairman resumed the chair.

One further Member, a Member who had spoken on the amendments and the Secretary for Constitutional Affairs spoke on the amendments.

Hon Howard YOUNG replied.

Question on the amendments put and negatived.

Question that clauses 12 and 44 stand part of the Bill put and agreed to.

The Secretary for Constitutional Affairs moved an amendment to paragraph (t) in clause 43 and addressed the Committee.

Question on the amendment put and agreed to.

As Hon Eric LI, who was next to move amendments to the Bill, was not in the Chamber, the Chairman suspended the meeting at 3:52 pm.

The Committee resumed at 3:57 pm.

Hon Eric LI moved amendments to the proposed section 20M in clause 13 and paragraphs (c) and (d) of clause 16 and addressed the Committee.

18 Members and the Secretary for Constitutional Affairs spoke on the amendments.

Hon Eric LI replied.

In response to Dr Hon YEUNG Sum's request, the Chairman suspended the meeting at 5:53 pm.

At 5:59 pm, the Committee resumed.

Question on the amendments put.

Hon Eric LI claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 28 were present, 20 were in favour of the amendments, five against them and three abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 14 were in favour of the amendments, seven against them and six abstained. (Voting record in Appendix 9.) 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 clause 16 stand part of the Bill put and agreed to.

Hon SIN Chung-kai moved amendments to the proposed section 20Z in clause 13 and addressed the Committee.

Two Members and the Secretary for Constitutional Affairs spoke on the amendments.

Hon SIN Chung-kai replied.

Question on the amendments put.

Hon SIN Chung-kai claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

Before the result of the voting was declared, Dr Hon LEONG Che-hung informed the Chairman that his voting unit was not functioning properly.  He said he intended to vote against the amendments.

Taking into account Dr Hon LEONG's declared voting intention, the Chairman announced that among the Members returned by functional constituencies, 24 were present, 10 were in favour of the amendments, 13 against them and one abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 18 were present and 17 were against the amendments. (Voting record in Appendix 10.) 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.

Hon SIN Chung-kai moved his further amendments to clause 13 and addressed the Committee.

Three Members and the Secretary for Constitutional Affairs spoke on the amendments.

Hon SIN Chung-kai replied.

Question on the amendments put and negatived.

The Secretary for Constitutional Affairs moved amendments to the proposed sections 20B, 20V and 20X in clause 13 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clause 13, as amended, stand part of the Bill proposed, put and agreed to.

The Secretary for Constitutional Affairs moved amendments to schedules 1, 1A, 1B, 1C, 1D and 1E in clause 42 and paragraph (m) of clause 43.

Question on the amendments put and agreed to.

Hon Mrs Miriam LAU moved the addition of item 5A to schedule 1A in clause 42 and addressed the Committee.

A Member and the Secretary for Constitutional Affairs spoke on the amendment.

Hon Mrs Miriam LAU replied.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 23 were present, 13 were in favour of the amendment and 10 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 23 were present and 22 were against the amendment. (Voting record in Appendix 11.) 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 Mrs Miriam LAU moved the addition of item 26A to schedule 1A in clause 42 and addressed the Committee.

Four Members and the Secretary for Constitutional Affairs spoke on the amendment.

Hon Mrs Miriam LAU replied.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 22 were present, 13 were in favour of the amendment and nine against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 17 were present, 12 were against the amendment and four abstained. (Voting record in Appendix 12.) 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 Mrs Miriam LAU moved the addition of item 45A to schedule 1A in clause 42 and addressed the Committee.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 19 were present, 11 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, 17 were present, 12 were against the amendment and four abstained. (Voting record in Appendix 13.) 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 Mrs Miriam LAU moved the addition of item 46A to schedule 1A in clause 42 and addressed the Committee.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 18 were present, 11 were in favour of the amendment, six against it and one abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 18 were present, 10 were against the amendment and seven abstained. (Voting record in Appendix 14.) 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 Mrs Miriam LAU moved the addition of item 52A to schedule 1A in clause 42 and addressed the Committee.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 19 were present, 11 were in favour of the amendment, six against it and two abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 18 were present, two were in favour of the amendment, 10 against it and five abstained. (Voting record in Appendix 15.) 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 Mrs Miriam LAU moved the addition of item 65A to schedule 1A in clause 42 and addressed the Committee.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 18 were present, 11 were in favour of the amendment, five against it and two abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 16 were present, eight were against the amendment and seven abstained. (Voting record in Appendix 16.) 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 Mrs Miriam LAU moved the addition of item 122A to schedule 1A in clause 42 and addressed the Committee.

Two Members spoke on the amendment.

Hon Mrs Miriam LAU replied.

Question on the amendment put.

Hon Mrs Miriam LAU claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 19 were present, 11 were in favour of the amendment, six against it and two abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 15 were present, eight were against the amendment and six abstained. (Voting record in Appendix 17.) 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 Mrs Selina CHOW moved the addition of item 12A to schedule 1C in clause 42 and addressed the Committee.

A Member, Hon Mrs Selina CHOW, and the Secretary for Constitutional Affairs spoke on the amendment.

Hon Mrs Selina CHOW replied.

Question on the amendment put.

Hon Mrs Selina CHOW claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 25 were present, 17 were in favour of the amendment, two against it and six abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 21 were present, seven were in favour of the amendment, two against it and 11 abstained. (Voting record in Appendix 18.) 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 Mrs Selina CHOW moved the addition of item 23A to schedule 1C in clause 42 and addressed the Committee.

Question on the amendment put.

Hon Mrs Selina CHOW claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 25 were present, 17 were in favour of the amendment, one against it and seven abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 21 were present, seven were in favour of the amendment, two against it and 11 abstained. (Voting record in Appendix 19.) 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 Mrs Selina CHOW moved the addition of item 87A to schedule 1C in clause 42 and addressed the Committee.

Question on the amendment put.

Hon Mrs Selina CHOW claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 25 were present, 18 were in favour of the amendment and seven abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 21 were present, nine were in favour of the amendment, two against it and nine abstained. (Voting record in Appendix 20.) 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.

Question that clauses 42 and 43, as amended, stand part of the Bill proposed.

Two Members spoke on the motion.

Question that clauses 42 and 43, as amended, stand part of the Bill put and agreed to.

New clause 40B read the first time.

Hon CHEUNG Man-kwong moved the Second Reading of new clause 40B and addressed the Committee.

At 8:30 pm, the Chairman's Deputy took the chair during the temporary absence of the Chairman.

Question on the Second Reading of new clause 40B proposed.

Five Members spoke on the motion.

At 9:10 pm, the Chairman resumed the chair.

Two other Members, two Members who had spoken on the motion and the Secretary for Constitutional Affairs spoke on the motion.

Hon CHEUNG Man-kwong replied.

Question on the Second Reading of new clause 40B put.

Hon CHEUNG Man-kwong claimed a division.  The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.

The Chairman announced that among the Members returned by functional constituencies, 25 were present, four were in favour of the motion, 19 against it and two abstained; 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 motion, seven against it and seven abstained. (Voting record in Appendix 21.) 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.

New clauses 5A, 18A, 27A, heading before new clause 45A, new clause 45A, heading before new clause 45B, new clauses 45B, 46A and 49 read the first time.

The Secretary for Constitutional Affairs moved the Second Reading of the above clauses and addressed the Committee.

Question on the Second Reading of the said clauses proposed, put and agreed to.

New clauses 5A, 18A, 27A, heading before new clause 45A, new clause 45A, heading before new clause 45B, new clauses 45B, 46A and 49 read the second time.

The Secretary for Constitutional Affairs moved the addition of the above clauses to the Bill.

Question on the addition proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Constitutional Affairs reported that

 the Legislative Council (Amendment) Bill 1999

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.

Dr Hon YEUNG Sum claimed a division.  The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.

The President announced that 53 Members were present, 34 were in favour of the motion, six against it and 12 abstained. (Voting record in Appendix 22.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Bill read the third time and passed.

The President suspended the meeting at 10:12 pm.
 

 *  *  *  *  *  *
 

The Council resumed at 9:00 am on 16 July 1999.
 

 Road Tunnels (Government) (Amendment) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 26 May 1999 resumed.

A Member spoke on the Bill.

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 Road Tunnels (Government) (Amendment) Bill 1999.

Question that clauses 1 to 15 stand part of the Bill proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Transport reported that

 the Road Tunnels (Government) (Amendment) Bill 1999

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.
 

 Road Traffic (Amendment) Bill 1998

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 2 December 1998 resumed.

Hon Mrs Miriam LAU, Chairman of the Bills Committee on Road Traffic (Amendment) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.

13 Members spoke on the Bill.

The Secretary for Transport replied.

Question on the Second Reading 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 52 Members were present, 32 were in favour of the motion and 19 against it. (Voting record in Appendix 23.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Bill read the second time and committed to a Committee of the whole Council.

Committee Stage

The Council went into Committee and considered the Road Traffic (Amendment) Bill 1998.

Question that clauses 3, 6 to 10 and 12 to 15 stand part of the Bill proposed, put and agreed to.

Question that clause 2 stand part of the Bill proposed.

Question that paragraph (a) of clause 2 stand part of the Bill proposed.

12 Members spoke on the motion.

The Secretary for Transport replied.

Question that paragraph (a) of clause 2 stand part of the Bill put.

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

The Chairman announced that 53 Members were present, 28 were in favour of the motion and 24 against it. (Voting record in Appendix 24.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Question that paragraph (b) of clause 2 stand part of the Bill proposed, put and agreed to.

Question that clause 2 stand part of the Bill put.

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

The Chairman announced that 53 Members were present, 27 were in favour of the motion and 25 against it. (Voting record in Appendix 25.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Question that clause 5 stand part of the Bill proposed.

A Member spoke on the motion.

Question that clause 5 stand part of the Bill put.

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

The Chairman announced that 54 Members were present, 28 were in favour of the motion and 25 against it. (Voting record in Appendix 26.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Question that clauses 1, 4 and 11 stand part of the Bill proposed.

The Secretary for Transport moved amendments to clauses 1, 4 and 11.

Question on the amendments put and agreed to.

Question that clauses 1, 4 and 11, as amended, stand part of the Bill proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Transport reported that

 the Road Traffic (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 and put.

Hon Ronald ARCULLI claimed a division.  The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.

The President announced that 55 Members were present, 29 were in favour of the motion, 22 against it and three abstained. (Voting record in Appendix 27.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.

Bill read the third time and passed.
 

 Insurance Companies (Amendment) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 28 April 1999 resumed.

Question on the Second Reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

At 11:46 am, the President's Deputy took the chair during the temporary absence of the President.

Committee Stage

The Council went into Committee and considered the Insurance Companies (Amendment) Bill 1999.

Question that clauses 1, 2, 3 and 5 to 10 stand part of the Bill proposed, put and agreed to.

Question that clause 4 stand part of the Bill proposed.

The Secretary for Financial Services moved amendments to clause 4 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clause 4, as amended, stand part of the Bill proposed, put and agreed to.

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

The Council then resumed.
 

Third Reading

The Secretary for Financial Services reported that

 the Insurance Companies (Amendment) Bill 1999

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.
 

 Occupational Retirement Schemes (Amendment) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 16 June 1999 resumed.

A Member spoke 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 Occupational Retirement Schemes (Amendment) Bill 1999.

Question that clauses 1 and 2 stand part of the Bill proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Financial Services reported that

 the Occupational Retirement Schemes (Amendment) Bill 1999

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.
 

 Factories and Industrial Undertakings (Amendment) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 27 January 1999 resumed.

Hon Ronald ARCULLI, Chairman of the Bills Committee on Factories and Industrial Undertakings (Amendment) Bill 1999, addressed the Council on the Report of the Bills Committee on the Bill.

Four Members spoke on the Bill.

At 12:27 pm, the President resumed the chair.

Another seven Members spoke on the Bill.

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 Factories and Industrial Undertakings (Amendment) Bill 1999.

Question that clauses 1, 4, 8, 10 to 15 and 18 stand part of the Bill proposed, put and agreed to.

Question that clauses 2, 3, 5, 6, 7, 9, 16 and 17 stand part of the Bill proposed.

The Secretary for Education and Manpower moved amendments to clauses 2, 3, 5, 6, 7, 9, 16 and 17 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 2, 3, 5, 6, 7, 9, 16 and 17, as amended, 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 Factories and Industrial Undertakings (Amendment) Bill 1999

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.
 

 Lingnan University Bill

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 23 June 1999 resumed.

Four Members spoke on the Bill.

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 Lingnan University Bill.

Question that clauses 1 to 8, 10, 11, 13, 15, 18 to 22, 24 to 36 and 39 stand part of the Bill proposed, put and agreed to.

Question that clauses 9, 12, 14, 16, 17, 23, 37 and 38 stand part of the Bill proposed.

The Secretary for Education and Manpower moved amendments to clauses 9, 12, 14, 16, 17, 23, 37 and 38 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 9, 12, 14, 16, 17, 23, 37 and 38, as amended, stand part of the Bill proposed, put and agreed to.

Heading before new clause 40 and new clause 40 read the first time.

The Secretary for Education and Manpower moved the Second Reading of the heading before new clause 40 and new clause 40 and addressed the Committee.

Question on the Second Reading of the heading before new clause 40 and new clause 40 proposed, put and agreed to.

Heading before new clause 40 and new clause 40 read the second time.

The Secretary for Education and Manpower moved the addition of the heading before new clause 40 and new clause 40 to the Bill.

Question on the addition proposed, put and agreed to.

Question that schedules 1 and 2 stand part of the Bill proposed.

The Secretary for Education and Manpower moved amendments to schedules 1 and 2 and addressed the Committee.

Question on the amendments put and agreed to.

Question that schedules 1 and 2, as amended, 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 Lingnan University Bill

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.
 

 Adaptation of Laws (No.18) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 23 June 1999 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 Adaptation of Laws (No.18) Bill 1999.

Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.

Question that schedules 1 to 6 stand part of the Bill proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Information Technology and Broadcasting reported that

 the Adaptation of Laws (No.18) Bill 1999

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.
 

 Supplementary Appropriation (1998-99) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 23 June 1999 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 Supplementary Appropriation (1998-99) Bill 1999.

Question that clauses 1 and 2 stand part of the Bill proposed, put and agreed to.

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

The Council then resumed.
 

Third Reading

The Secretary for the Treasury reported that

 the Supplementary Appropriation (1998-99) Bill 1999

had passed through Committee without amendment.  She 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.
 

 Adaptation of Laws (No.4) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 10 February 1999 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 Adaptation of Laws (No.4) Bill 1999.

Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.

Question that schedules 1, 2, 3 and 5 to 9 stand part of the Bill proposed, put and agreed to.

Question that schedules 4 and 10 to 15 stand part of the Bill proposed.

The Secretary for Works moved amendments to schedules 4 and 10 to 15 and addressed the Committee.

Question on the amendments put and agreed to.

Question that schedules 4 and 10 to 15, as amended, stand part of the Bill proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Works reported that

 the Adaptation of Laws (No.4) Bill 1999

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.
 

Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999

Resumption of Second Reading debate

 The debate on the Second Reading which had been moved on 10 February 1999 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 Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999.

Question that clauses 1 to 9 stand part of the Bill proposed, put and agreed to.

Question that clause 10 stand part of the Bill proposed.

The Secretary for Security moved an amendment to clause 10 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 10, as amended, stand part of the Bill proposed, put and agreed to.

Question that schedules 1 to 8 stand part of the Bill proposed, put and agreed to.

The Council then resumed.
 

Third Reading

The Secretary for Security reported that

 the Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999

had passed through Committee with an amendment.  She 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.

Motions

Proposed resolution under the Pharmacy and Poisons Ordinance

The Secretary for Health and Welfare moved the following motion and addressed the Council:

Resolved that the following Regulations, made by the Pharmacy and Poisons Board on 25 June 1999, be approved -

(a) the Pharmacy and Poisons (Amendment) Regulation 1999; and
(b) the Poisons List (Amendment) Regulation 1999.
(The two Regulations are in Appendix 28)

Question on the motion proposed, put and agreed to.
 

 Proposed resolution under the Dutiable Commodities Ordinance

The Secretary for the Treasury moved the motion in Appendix 29 and addressed the Council.

Question on the motion proposed, put and agreed to.
 

Proposed resolution under the Immigration Ordinance

The Secretary for Security moved the following motion and addressed the Council:

Resolved that Schedule 1 to the Immigration Ordinance (Cap. 115) be amended -

  1. in paragraph 1(2), by repealing sub-subparagraphs (a) and (b) and substituting -

      "(a) of a parent and child, between a person and a child born to such person in or out of wedlock;";

  2. by repealing paragraph 2(a) and substituting -

      "(a) A Chinese citizen born in Hong Kong -

    1. before 1 July 1987; or

    2. on or after 1 July 1987 if his father or mother was settled or had the right of abode in Hong Kong at the time of his birth or at any later time.";

  3. by repealing paragraph 2(c) and substituting -

      "(c) A person of Chinese nationality born outside Hong Kong of a parent who, at the time of the birth of that person, was a Chinese citizen falling within category (a) or (b).".

Question on the Secretary for Security's motion proposed.

The President stated that the Secretary for Justice 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.

The Secretary for Justice moved the following amendment to the Secretary for Security's motion and addressed the Council:

Resolved that the motion to be moved by the Secretary for Security under section 59A of the Immigration Ordinance (Cap. 115) at the Legislative Council sitting of 14 July 1999 be amended in paragraph (c) by deleting the proposed paragraph 2(c) and substituting -

    "(c) A person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).".

Question on the Secretary for Justice's amendment to the Secretary for Security's motion proposed.

Six Members spoke on the motion and the amendment.

In response to a point of order raised by Hon Mrs Selina CHOW regarding a statement made by Hon Emily LAU during her speech, the President suspended the meeting at 3:48 pm.

The Council resumed at 4:25 pm.

The President ruled that Hon Emily LAU's statement was offensive to Members of the Council and she had therefore breached Rule 41(4) of the Rules of Procedure.  The President said she had informed Hon Emily LAU of the ruling, but the latter had refused to withdraw that statement.  The President stated that she therefore reprimanded Hon Emily LAU for having made the statement.

Another 11 Members spoke on the motion and the amendment.

At 6:21 pm, the President's Deputy took the chair during the temporary absence of the President.

Three further Members spoke on the motion and the amendment.

The Secretary for Security spoke on the amendment.

At 6:38 pm, the President resumed the chair.

Question on the Secretary for Justice's amendment to the Secretary for Security'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 57 Members were present, 35 were in favour of the amendment, 20 against it and one abstained. (Voting record in Appendix 30.) Since the question was agreed by a majority of the Members present, she declared that the amendment was agreed.

Question on Secretary for Security's motion as amended by Secretary for Justice put and agreed to.

Members' Motions

Legal problems associated with the millennium bug

Hon TSANG Yok-sing moved the following motion and addressed the Council:

That, as the Y2K problem (the millennium bug) may give rise to a large number of legal disputes, this Council urges the Government to expeditiously assess the scope and gravity of the problem and take effective precautionary and contingency measures, including:

  1. examining whether there is a need to legislate for stipulating the civil and criminal liabilities associated with the millennium bug;

  2. setting up a tribunal dedicated to handling small claims litigation relating to the millennium bug, so as to alleviate the pressure on the Judiciary;

  3. encouraging and assisting the public in resolving legal disputes arising from the millennium bug through mediation and arbitration; and

  4. strengthening education and publicity so that the public may have a correct understanding of their rights and the means for claiming compensation when they suffer losses arising from the millennium bug.

Question on Hon TSANG Yok-sing's motion proposed.

The President stated that Hon SIN Chung-kai 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 SIN Chung-kai moved the following amendment to Hon TSANG Yok-sing's motion and addressed the Council:

To delete “a large number of” and substitute with “various”; to delete “expeditiously assess the scope and gravity of the problem and”; to delete “, including:” and substitute with “and”; to delete “(a) examining whether there is a need to legislate for stipulating the civil and criminal liabilities associated with the millennium bug; (b) setting up a tribunal dedicated to handling small claims litigation relating to the millennium bug, so as to alleviate the pressure on the Judiciary; (c) encouraging and assisting the public in resolving legal disputes arising from the millennium bug through mediation and arbitration; and (d) strengthening” and substitute with “strengthen”; to add “the millennium bug problem, including” after “understanding of”; to delete “and the means for claiming compensation”; and to add “and the means for dealing with the various disputes” after “the millennium bug”.

At 7:14 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on Hon SIN Chung-kai's amendment to Hon TSANG Yok-sing's motion proposed.

13 Members spoke on the motion and the amendment.

Hon TSANG Yok-sing spoke on the amendment.

At 8:45 pm, the President resumed the chair.

The Secretary for Information Technology and Broadcasting spoke on the motion and the amendment.

Question on Hon SIN Chung-kai's amendment to Hon TSANG Yok-sing's motion put.

Hon TSANG Yok-sing 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, 18 were in favour of the amendment and five against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 24 were present, 13 were in favour of the amendment, eight against it and two abstained. (Voting record in Appendix 31.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the amendment was agreed.

Hon TSANG Yok-sing replied.

Question on Hon TSANG Yok-sing's motion as amended by Hon SIN Chung-kai put and agreed to.
 

Assisting the development of small and medium enterprises

Hon HUI Cheung-ching moved the following motion and addressed the Council:

That, as the small and medium enterprises (SMEs) in all sectors are still facing a difficult operating environment, this Council urges the Government to expeditiously formulate a comprehensive policy to support the SMEs in order to increase their capability and opportunities for development, and to strive to create a favourable business environment, particularly by:

  1. promoting the use of information technology in SMEs and the shifting of SMEs towards high value-added industries, and making efforts to train local talents and attract highly-skilled technologists from the Mainland and overseas;

  2. providing additional resources to open up the Mainland and overseas markets more vigorously;

  3. actively considering setting up, through various support organizations, an Internet Shopping Mall for SMEs featuring competitive pricing, wide coverage and specialization, with a view to promoting business transactions through the Internet;

  4. enhancing and promoting quality accreditation services in all sectors to tie in with the shifting of local industries towards high value-added industries; and

  5. in addition to the Special Finance Scheme for SMEs, developing more financing facilities which do not rely excessively on using property as security, in order to more effectively cater for the SMEs' needs for capital in the long run.

Question on the motion proposed.

13 Members and the Secretary for Trade and Industry spoke on the motion.

Hon HUI Cheung-ching replied.

Question on the motion put and agreed to.

End of session

The President made a closing statement and announced that the business of the session was concluded.  She stated that the 1999-2000 session would commence at a date to be appointed by the Chief Executive, which would likely be 6 October 1999.

The Council was adjourned at 11:13 pm.

 (Mrs Rita FAN) President

Council Chamber
Hong Kong