LC Paper No. CB(3) 1539/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 32
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Minutes of the meeting held on Wednesday 21 April 1999 at 2:30 pm
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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 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

Members absent:

Dr the Hon David LI Kwok-po, JP
The Hon LAU Chin-shek, 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 Gordon SIU Kwing-chue, JP
Secretary for Planning, Environment and Lands

Mr Dominic WONG Shing-wah, JP
Secretary for Housing

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

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

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

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

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, JP,
Secretary General

Mr LAW Kam-sang, JP,
Deputy Secretary General

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.

Administrative Instructions for Regulating Admittance and Conduct of Persons (Amendment) Instructions 1999

91/99

2.

Tax Reserve Certificates (Rate of Interest) (No.2) Notice 1999

92/99

3.

Ma Shi Chau (Special Area) Order 1999

93/99

4.

Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 4) Order 1999

94/99

5.

Rectification of Errors Order 1999

95/99

6.

Evidence (Amendment) Ordinance 1999 (2 of 1999) (Commencement) Notice 1999

96/99

Sessional Papers


No. 118

-

Report by the Commissioner of Correctional Services, Trustee of the Correctional Services Children's Education Trust for the period 1st September 1997 to 31st August 1998

No. 119

-

Report No.32 of the Director of Audit on the results of value for money audits - March 1999


No. 120

-

Report of the Broadcasting Authority
September 1997 - August 1998

No. 121

-

MTR Corporation
Annual Report 1998

No. 122

-

Kowloon-Canton Railway Corporation
Annual Report 1998

Questions

1. Hon CHAN Kam-lam asked Question 1.

The Secretary for Planning, Environment and Lands replied.

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

2. Hon SZETO Wah asked Question 2.

The Secretary for Home Affairs replied.

Five Members asked supplementaries and the Secretary for Home Affairs replied.

3. Hon Eric LI asked Question 3.

The Secretary for Constitutional Affairs replied.

Three Members asked supplementaries and the Secretary for Constitutional Affairs replied.

4. Hon Christine LOH asked Question 4.

The Secretary for Housing replied.

Six Members asked supplementaries and the Secretary for Housing replied.

5. Hon Cyd HO asked Question 5.

The Secretary for Home Affairs replied.

Five Members asked supplementaries and the Secretary for Home Affairs replied.

6. Hon CHEUNG Man-kwong asked Question 6.

The Secretary for Education and Manpower replied.

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

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

Bills

First Reading

Adaptation of Laws (No.10) Bill 1999
Labour Tribunal (Amendment) Bill 1999
Small Claims Tribunal (Amendment) Bill 1999
Hong Kong War Memorial Pensions (Amendment) Bill 1999
Protection of Wages on Insolvency (Amendment) Bill 1999
Revenue Bill 1999
Organized and Serious Crimes (Amendment) 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.10) Bill 1999
Labour Tribunal (Amendment) Bill 1999
Small Claims Tribunal (Amendment) Bill 1999

The Chief Secretary for Administration 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.

Hong Kong War Memorial Pensions (Amendment) Bill 1999

The Secretary for Health and Welfare moved the Second Reading and addressed the Council.

Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.

Protection of Wages on Insolvency (Amendment) Bill 1999

The Secretary for Education and Manpower 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.

Revenue 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.

Organized and Serious Crimes (Amendment) Bill 1999

The Secretary for Security 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.

As Dr Hon LEONG Che-hung, 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 4:36 pm.

The Council resumed at 4:46 pm.

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 Securities (Dealers, Investment Advisers, Partnerships and Representatives) (Amendment) Rules 1999, published as Legal Notice No. 86 of 1999, and laid on the table of the Legislative Council on 31 March 1999, 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 5 May 1999.

Question on the motion proposed, put and agreed to.

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 Public Revenue Protection (Revenue) Order 1999, published as Legal Notice No. 90 of 1999, and laid on the table of the Legislative Council on 31 March 1999, 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 5 May 1999.

Question on the motion proposed, put and agreed to.

Establishment of a Culture Commission

Hon MA Fung-kwok moved the following motion and addressed the Council:

That this Council urges the Government to set up an independent and highly-transparent Culture Commission to formulate cultural policies, promote cultural development and take charge of resource allocations in this respect; its members should comprise individuals who are representative of the cultural and arts sectors, representatives of cultural and arts groups, professionals in the education field, representatives of councils, members of the public who are concerned about cultural development, and officials of relevant policy bureaux; an appropriations committee should be formed under the Commission to allocate funds to various arts groups and to cultural and arts activities organized by Government and non-Government organizations, and various management committees should also be formed to manage libraries, antiquities and monuments, museums, venues and facilities, as well as to coordinate cultural activities.

Question on Hon MA Fung-kwok's motion proposed.

The President stated that Hon Ambrose CHEUNG 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 Ambrose CHEUNG moved the following amendment to Hon MA Fung-kwok's motion and addressed the Council:

To delete "an independent and" after "That this Council urges the Government to set up" and substitute with ", within the framework of keeping one municipal council and one municipal services department, a".

Question on Hon Ambrose CHEUNG's amendment to Hon MA Fung-kwok's motion proposed.

Two Members spoke on the motion and the amendment.

At 5:20 pm, the President's Deputy took the chair during the temporary absence of the President.

Another 12 Members spoke on the motion and the amendment.

At 6:29 pm, the President resumed the chair.

Two further Members spoke on the motion and the amendment.

Hon MA Fung-kwok spoke on the amendment.

The Secretary for Home Affairs spoke on the motion and the amendment.

Question on Hon Ambrose CHEUNG's amendment to Hon MA Fung-kwok's motion put.

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

Owing to the malfunctioning of the Electronic Voting System, the President ordered that the division be conducted in accordance with Rule 49 of the Rules of Procedure.

The President announced that among the Members returned by functional constituencies, 28 were present, eight were in favour of the amendment and 20 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 12 were in favour of the amendment, 15 against it and one abstained. (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 MA Fung-kwok replied.

Question on Hon MA Fung-kwok's original motion put.

Hon MA Fung-kwok 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, 16 were in favour of the original motion, nine against it and three abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, seven were in favour of the original motion, 19 against it and two abstained. (Voting record in Appendix II.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the original motion was negatived.

Convention on the Elimination of All Forms of Discrimination against Women

Hon Emily LAU moved the following motion and addressed the Council:

That this Council urges the Administration to make every effort to implement expeditiously the numerous recommendations of the United Nations Committee on the Elimination of Discrimination against Women, contained in the Committee's concluding comments published after the hearing held on 2 February 1999 on the Initial Report on the Hong Kong Special Administrative Region under the Convention on the Elimination of All Forms of Discrimination against Women.

Question on the motion proposed.

15 Members, the Secretary for Education and Manpower, the Secretary for Health and Welfare and the Secretary for Home Affairs spoke on the motion.

Another Member spoke and the Secretary for Home Affairs spoke again on the motion

Hon Emily LAU replied.

Question on the motion 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 among the Members returned by functional constituencies, 20 were present and 20 were in favour of the motion; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 20 were present and 19 were in favour of the motion. (Voting record in Appendix III.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the motion was carried.

Next Meeting

The President declared that the next meeting of the Council would be held on 28 April 1999 at 2:30 pm.

The Council was adjourned at 10:04 pm.

(Mrs Rita FAN) President
Council Chamber
Hong Kong