LC Paper No. CB(3) 1148/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 24
___________
Minutes of the meeting held on Wednesday 20 January 1999 at 2:30 pm ___________

Members present:

President
The Hon Mrs Rita FAN, GBS, JP
The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon 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
Dr the Hon LUI Ming-wah, JP
The Hon NG Leung-sing
Prof the Hon NG Ching-fai
The Hon Margaret NG
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon Ronald ARCULLI, JP
The Hon MA Fung-kwok
The Hon James TO Kun-sun
The Hon CHEUNG Man-kwong
The Hon Ambrose CHEUNG Wing-sum, JP
The Hon HUI Cheung-ching
The Hon Christine LOH
The Hon CHAN Kwok-keung
The Hon CHAN Yuen-han
The Hon Bernard CHAN
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
Dr the Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon LEUNG Yiu-chung
The Hon Gary CHENG Kai-nam
The Hon 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, 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

Member absent:

Dr the Hon David LI Kwok-po, JP

Public officers attending:

The Honourable Elsie LEUNG Oi-sie, JP

The Secretary for Justice

Mr CHAU Tak-hay, JP

Secretary for Trade and Industry

Mr Dominic WONG Shing-wah, JP

Secretary for Housing

Mrs Katherine FOK LO Shiu-ching, JP

Secretary for Health and Welfare

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 David LAN Hong-tsung, JP

Secretary for Home Affairs

Mrs Regina IP LAU Suk-yee, JP

Secretary for Security

Mr Patrick LAU Lai-chiu, JP

Secretary for Planning, Environment and Lands

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, JP,

Secretary General

Ms Pauline NG Man-wah,

Assistant Secretary General (1)

Mrs Justina LAM CHENG Bo-ling,

Assistant Secretary General (2)

Papers

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

Subsidiary Legislation		L.N. No.
1.	Port Control (Public Cargo Working Area) Order 1999	8/99
2.	Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 1999	9/99
3.	Public Swimming Pools (Designation) Order 1999	10/99
4.	Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1999	11/99
5.	Declaration of Markets in the Regional Council Area (Amendment) Declaration 1999	12/99
6.	Hong Kong Court of Final Appeal (Amendment) Rules 1999	13/99
7.	Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1999	14/99

Sessional Papers

No.84	-	Hong Kong Council for Academic Accreditation Annual Report 1997-98
No.85	-	Audited Financial Statements and Programme of Activities of the Hong Kong Examinations Authority for the year ending 31 August 1998

Report

Report of the Bills Committee on Lifts and Escalators (Safety) (Amendment) Bill 1998 Questions

The President reminded Members that the electronic system for registering Members' wishes to ask supplementaries would continue to be put on trial.

1. Prof Hon NG Ching-fai asked Question 1.

The Secretary for the Treasury replied.

Five Members asked supplementaries. The Secretary for the Treasury and the Secretary for Financial Services replied.

2. Hon CHOY So-yuk asked Question 2.

The Secretary for Trade and Industry replied.

Six Members asked supplementaries and the Secretary for Trade and Industry replied.

3. Hon LAU Kong-wah asked Question 3.

The Secretary for Housing replied.

Three Members asked supplementaries. The Secretary for Housing and the Secretary for Security replied.

4. Hon Howard YOUNG asked Question 4.

The Secretary for Security replied.

Seven Members asked supplementaries and the Secretary for Security replied.

5. Hon LEUNG Yiu-chung asked Question 5.

The Secretary for Health and Welfare replied.

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

6. Dr Hon HO Chung-tai asked Question 6.

The Secretary for Planning, Environment and Lands replied.

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

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

Bills

Adaptation of Laws (No.18) Bill 1998

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 Home 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.

Lifts and Escalators (Safety) (Amendment) Bill 1998

Resumption of Second Reading debate

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

Dr Hon HO Chung-tai, Chairman of the Bills Committee on Lifts and Escalators (Safety) (Amendment) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.

The Secretary for Planning, Environment and Lands 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 Lifts and Escalators (Safety) (Amendment) Bill 1998.

Question that clauses 1, 3, 4, 5, 8, 9, 10, 12, 13, 15, 16, 18 to 27, 30, 31, 32, 34, 35, 36 and 38 stand part of the Bill proposed, put and agreed to.

Question that clauses 2, 6, 7, 11, 14, 17, 28, 29, 33 and 37 stand part of the Bill proposed.

The Secretary for Planning, Environment and Lands moved amendments to clauses 2, 6, 7, 11, 14, 17, 28, 29, 33 and 37 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 2, 6, 7, 11, 14, 17, 28, 29, 33 and 37, as amended, stand part of the Bill proposed, put and agreed to.

New clauses 2A and 31A read the first time.

The Secretary for Planning, Environment and Lands moved the Second Reading of new clauses 2A and 31A and addressed the Committee.

Question on the Second Reading of new clauses 2A and 31A proposed, put and agreed to.

New clauses 2A and 31A read the second time.

The Secretary for Planning, Environment and Lands moved the addition of new clauses 2A and 31A to the Bill.

Question on the addition proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Planning, Environment and Lands reported that the Lifts and Escalators (Safety) (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, put and agreed to.

Bill read the third time and passed.

As the Secretary for Education and Manpower, who was to move a motion and address the Council for the following agenda item, was not in the Chamber, the President suspended the meeting at 4:30 pm.

The Council resumed at 4:40 pm.

Motions

Proposed resolution under the Factories and Industrial Undertakings Ordinance and Interpretation and General Clauses Ordinance

The Secretary for Education and Manpower moved the motion in Appendix I and addressed the Council.

Question on the motion proposed.

Six Members spoke on the motion.

The Secretary for Education and Manpower replied.

Question on the motion put and agreed to.

Members' Motions

The President stated that the electronic queuing system would be tried out on the debates on motions without legislative effect from this meeting onwards. Members who wished to speak in a debate on a motion should press the "Request-to-speak" buttons, in addition to raising their hands.

Right and freedom of Hong Kong residents to strike

Hon CHAN Wing-chan moved the following motion and addressed the Council:

That, whereas Article 27 of the Basic Law provides that Hong Kong residents shall have the right and freedom to strike, employers may, by virtue of section 9 of the Employment Ordinance (Cap. 57), dismiss their employees who go on strike or take industrial action without notice or payment in lieu of notice; that section is clearly in contravention of Article 27 of the Basic Law, this Council urges the Government to expeditiously amend the Employment Ordinance to give effect to the right and freedom of Hong Kong residents to strike, as conferred by the Basic Law.

Question on Hon CHAN Wing-chan's motion proposed.

The President stated that Hon LEUNG Yiu-chung 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 LEUNG Yiu-chung moved the following amendment to Hon CHAN Wing-chan's motion and addressed the Council:

To add "there is no legislation in Hong Kong to expressly safeguard this provision and" after "the right and freedom to strike,"; to add "introduce a comprehensive law on the right to strike so as to protect Hong Kong residents from being dismissed for going on strike, and to" after "this Council urges the Government to expeditiously"; to delete "to give effect to the right and freedom of Hong Kong residents to strike, as conferred by the Basic Law" and substitute with "by repealing the provisions which are in contravention of the Basic Law and strengthening the protection for employees participating in trade union activities".

At 5:35 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on Hon LEUNG Yiu-chung's amendment to Hon CHAN Wing-chan's motion proposed.

Ten Members spoke on the motion and the amendment.

At 6:40 pm, the President resumed the chair.

Another Member spoke on the motion and the amendment.

Hon CHAN Wing-chan spoke on the amendment.

The Secretary for Education and Manpower spoke on the motion and the amendment.

Question on Hon LEUNG Yiu-chung's amendment to Hon CHAN Wing-chan's motion put.

Hon LEUNG Yiu-chung 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, 28 were present, 11 were in favour of the amendment, 16 against it and one abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 24 were present, 20 were in favour of the amendment and three against it. (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 amendment was negatived.

Hon CHAN Wing-chan replied.

Question on Hon CHAN Wing-chan's original motion put.

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

The President announced that among the Members returned by functional constituencies, 28 were present, 12 were in favour of the original motion and 16 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 24 were present, 20 were in favour of the original motion and three against it. (Voting record in Appendix III.) 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.

Comprehensive review of the Target Oriented Curriculum

Hon YEUNG Yiu-chung moved the following motion and addressed the Council:

That, as there have been doubts about the effectiveness of the Target Oriented Curriculum (TOC) since its implementation, this Council urges the Government to suspend the implementation of the TOC in Primary Five classes in September this year and expeditiously conduct a comprehensive review of the TOC to decide the way forward for the Curriculum, so as to truly improve the overall quality of students and promote the development of quality education.

Question on the motion proposed.

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

Hon YEUNG Yiu-chung replied.

Question on the motion put and agreed to.

Next Meeting

The President declared that the next meeting of the Council would be held on 27 January 1999 at 2:30 pm.

The Council was adjourned at 8:53 pm.

Council Chamber

Hong Kong