LC Paper No. CB(3) 939/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 20
Minutes of the meeting held on Wednesday 16 December 1998 at 2:30 pm

Members present:

President
The Hon Mrs Rita FAN, GBS, JP
The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Dr the Hon Raymond HO Chung-tai, JP
The Hon LEE Wing-tat
The Hon LEE Cheuk-yan
The Hon Martin LEE Chu-ming, SC, JP
The Hon Eric LI Ka-cheung, JP
The Hon LEE Kai-ming, JP
Dr the Hon David LI Kwok-po, JP
The Hon Fred LI Wah-ming
Dr the Hon LUI Ming-wah, JP
The Hon NG Leung-sing
Prof the Hon NG Ching-fai
The Hon Margaret NG
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon 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 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 LAW Chi-kwong, JP
The Hon TAM Yiu-chung, JP
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP

Members absent:

The Hon Ronald ARCULLI, JP
The Hon Timothy FOK Tsun-ting, JP

Public officers attending:
The Honourable Mrs Anson CHAN, JP
The Chief Secretary for Administration

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

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

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

Mr CHAU Tak-hay, JP
Secretary for Trade and Industry

Mr Dominic WONG Shing-wah, JP
Secretary for Housing

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

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

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

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

Mr Patrick LAU Lai-chiu, JP
Secretary for Planning, Environment and Lands
Clerks in attendance:
Mr Ricky FUNG Choi-cheung, JP,
Secretary General

Mr LAW Kam-sang, JP,
Deputy Secretary General

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

The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure:

Subsidiary LegislationL.N. No.
1.Import and Export (Removal of Articles) (Amendment) Regulation 1998370/98
2.Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation379/98
3.Import and Export Ordinance (Amendment of Schedule 3) Notice 1998380/98


Sessional Papers

No.69-Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 1997-98

No.70-Emergency Relief Fund Annual Report by the Trustee for the year ending on 31 March 1998

No.71-The Sir Murray MacLehose Trust Fund Trustee's Report for the period 1 April 1997 to 31 March 1998

No.72-Grantham Scholarships Fund Annual Report for the year 1 September 1997 to 31 August 1998

No.73-The Accounts of the Lotteries Fund 1997-98

No.74-Thirty-seventh Annual Report by the Social Work Training Fund Trustee for the year ending on 31 March 1998

No.75-Hong Kong Housing Authority Annual Report 1997/98

No.76-Hong Kong Housing Authority Financial Statements for the year ended 31 March 1998

No.77-Revised list of works of the Provisional Regional Council for the 1998/99 financial year (during the second quarter ended 30 September 1998)

No.78-Revised list of works of the Provisional Urban Council for the 1998/99 financial year (during the second quarter ended 30 September 1998)

No.79-Report of the Chinese Temples Committee on the administration of the Chinese Temples Fund for the year ended 31 March 1998

No.80-Report of the Chinese Temples Committee on the administration of the General Chinese Charities Fund for the year ended 31 March 1998


Report

Report of the Bills Committee on Introduction of the Euro Bill

Questions

1. Hon LAW Chi-kwong asked Question 1.

The Secretary for Planning, Environment and Lands replied.

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

2. Hon MA Fung-kwok asked Question 2.

The Secretary for Planning, Environment and Lands replied.

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

3. Hon LAU Wong-fat asked Question 3.

The Secretary for Economic Services replied.

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

4. Hon David CHU asked Question 4.

The Secretary for Economic Services replied.

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

5. Hon HUI Cheung-ching asked Question 5.

The Secretary for Trade and Industry replied.

Seven Members asked supplementaries. The Secretary for Trade and Industry and the Secretary for Economic Services replied.

Written replies to Questions 6 to 19 were tabled for Members' information.

Bills

District Councils Bill

First Reading

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

The Secretary for Constitutional Affairs 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.

Industrial Training (Clothing Industry) (Amendment) Bill 1998

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 18 November 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 Industrial Training (Clothing Industry) (Amendment) Bill 1998.

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 Trade and Industry reported that
    the Industrial Training (Clothing Industry) (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.

Introduction of the Euro Bill
Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 4 November 1998 resumed.

Hon Howard YOUNG, Chairman of the Bills Committee on Introduction of the Euro Bill, addressed the Council on the Report of the Bills Committee 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 Introduction of the Euro Bill.

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

The Council then resumed.

Third Reading

The Secretary for Financial Services reported that
    the Introduction of the Euro Bill
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

Proposed resolution under the Interpretation and General Clauses Ordinance

Dr Hon LEONG Che-hung moved the following motion and addressed the Council:

Resolved that in relation to the Legal Practitioners (Fees) (Amendment) Rule 1998, published as Legal Notice No. 359 of 1998 and laid on the table of the Legislative Council on 2 December 1998, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 6 January 1999.

Question on the motion proposed, put and agreed to.

Combating pirated compact discs

Hon Mrs Selina CHOW moved the following motion and addressed the Council:

That, in view of the recent proliferation of pirated compact discs in various districts, this Council urges the Government to immediately review the existing policies and strengthen the co-ordination of various law enforcement authorities, so as to combat more effectively the manufacture, importation and sale of pirated video, music and software compact discs; furthermore, the Government should strengthen its publicity and education programmes with a view to making the public aware that the infringement of intellectual property rights is immoral; this Council also urges the Government to actively consider amending the relevant legislation in order to empower the law enforcement authorities to prosecute those engaged in the pirated recording of movies in cinemas and consider the imposition of fines on purchasers of pirated compact discs, thereby achieving deterrent effects.

Question on Hon Mrs Selina CHOW's motion proposed.

The President stated that Hon Christine LOH and Hon CHAN Kam-lam would move amendments to the motion. In accordance with the Rules of Procedure, the motion and the two amendments would be debated together in a joint debate.

Hon Christine LOH and Hon CHAN Kam-lam spoke on the motion and their amendments respectively.

Two Members spoke on the motion and the amendments.

At 5:15 pm, the President's Deputy took the chair during the temporary absence of the President.

Another 10 Members spoke on the motion and the amendments.

Hon Mrs Selina CHOW spoke on the amendments.

The Secretary for Trade and Industry spoke on the motion and the amendments.

At 6:30 pm, the President resumed the chair.

Hon Christine LOH moved the following amendment to Hon Mrs Selina CHOW's motion:

To add in "view of the corresponding need to ensure availability of genuine copyright works, the Government should further consider ways to promote maximum availability to consumers;" after "the infringement of intellectual property rights is immoral;".

Question on Hon Christine LOH's amendment to Hon Mrs Selina CHOW's motion proposed, put and negatived.

Hon CHAN Kam-lam moved the following amendment to Hon Mrs Selina CHOW's motion:

To delete "and consider the imposition of fines on purchasers of pirated compact discs".

Question on Hon CHAN Kam-lam's amendment to Hon Mrs Selina CHOW's motion proposed and put.

Hon CHAN Kam-lam claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.

The President announced that among the Members returned by functional constituencies, 23 were present, eight were in favour of the amendment and 15 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 19 were in favour of the amendment and eight 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 Mrs Selina CHOW replied.

Question on Hon Mrs Selina CHOW's original motion put.

Hon CHAN Kam-lam claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.

The President announced that among the Members returned by functional constituencies, 23 were present, 18 were in favour of the original motion and five against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 27 were present, 17 were in favour of the original motion and nine against it. (Voting record in Appendix II.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the original motion was carried.

Reducing the weight of schoolbags

Hon CHEUNG Man-kwong moved the following motion and addressed the Council:
That, in view of the long-standing problem of Hong Kong school children carrying overweight schoolbags, which has seriously affected their health and learning, this Council urges the Government to formulate appropriate education policies and measures with emphasis on promoting curriculum reform, reducing both the volume and weight of textbooks and exercise books, and improving the facilities and provision of space in schools, etc.; at the same time, schools and parents should also make concerted efforts to reduce the weight of schoolbags and the pressure of homework on school children, in order to protect their physical and mental health.

Question on the motion proposed.

13 Members and the Secretary for Education and Manpower spoke on the motion.

Hon CHEUNG Man-kwong 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 6 January 1999 at 2:30 pm.

The Council was adjourned at 8:37 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong