LC Paper No. CB(3) 320/98-99

LEGISLATIVE COUNCIL
MINUTES
No. 8

Minutes of the meeting held on Wednesday 23 September 1998 at 2:30 pm

Members present:

President
The Hon Mrs Rita FAN, GBS, JP
The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Dr the Hon Raymond HO Chung-tai, JP
The Hon LEE Wing-tat
The Hon LEE Cheuk-yan
The Hon Martin LEE Chu-ming, SC, JP
The Hon Eric LI Ka-cheung, JP
The Hon LEE Kai-ming, JP
The Hon Fred LI Wah-ming
The Hon NG Leung-sing
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
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 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

Members absent:

Dr the Hon David LI Kwok-po, JP
Dr the Hon LUI Ming-wah, JP
Prof the Hon NG Ching-fai
Dr the Hon Philip WONG Yu-hong
The Hon CHOY So-yuk

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

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

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

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

Mr Peter LO Yat-fai, JP
Secretary for Home Affairs

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

Mrs Rita LAU NG Wai-lan, JP
Secretary for Information, Technology and Broadcasting

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.

Prevention of Bribery Ordinance (Amendment of Schedule) (No.3) Order 1998

313/98

2.

Official Languages (Alteration of Text under section 4D) (No.2) Order 1998

315/98

3.

Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.3) Order 1998

316/98

4.

Employees Retraining Ordinance (Amendment of Schedule 2) Notice 1998

317/98

Sessional Papers


No.24-

Schedule of revisions to the 1997/98 Estimates approved by the Provisional Urban Council during the fourth quarter of the 1997/98 financial year

No.25-

Revised list of works of the Provisional Regional Council for the 1998/99 financial year (during the first quarter ended 30 June 1998)

No.26-

Initial Report on the Hong Kong Special Administrative Region under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Questions

1. Hon James TIEN asked Question 1.

The Secretary for Trade and Industry replied.

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

2. Hon LAU Kong-wah asked Question 2.

The Secretary for Economic Services replied.

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

3. Hon Kenneth TING asked Question 3.

The Secretary for Information Technology and Broadcasting replied.

Five Members asked supplementaries and the Secretary for Information Technology and Broadcasting replied.

4. Hon CHENG Kai-nam asked Question 4.

The Secretary for Education and Manpower replied.

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

5. Hon Ambrose CHEUNG asked Question 5.

The Secretary for the Treasury replied.

Three Members asked supplementaries and the Secretary for the Treasury replied.

6. Hon LEUNG Yiu-chung 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 20 were tabled for Members’ information.

Bills

First Reading

Securities (Insider Dealing) (Amendment) Bill 1998

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

Securities (Insider Dealing) (Amendment) Bill 1998

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.

Members' Motions

Relationship between the executive authorities and the legislature

Hon Ambrose CHEUNG moved the following motion and addressed the Council:

That this Council urges the Government to actively improve the relationship between the executive authorities and the legislature by faithfully adhering to the principle of the executive authorities being accountable to the legislature on the constitutional basis of the Basic Law, enhancing communication and co-operation between the executive authorities and the legislature to foster mutual trust and partnership, and expeditiously instituting a co-operation mechanism for improving the relationship between the two, which should include holding regular executive-legislature coordination meetings; setting up a policy consultative committee system to enable the legislature to participate in policy discussion and formulation; as well as strengthening the decision-making structure of the executive authorities, including enlisting outside experts to serve as principal officials and making political appointments of principal officials, so that the officials concerned will assume the political responsibility and accountability commensurate with their authority.

Question on Hon Ambrose CHEUNG's motion proposed. The President stated that Hon LEE Cheuk-yan and Hon CHENG Kai-nam had separately given notice to move amendments to the motion. In accordance with the Rules of Procedure, the motion and the two proposed amendments would be debated together in a joint debate.

Hon LEE Cheuk-yan and Hon CHENG Kai-nam spoke on the motion and their proposed amendments respectively.

17 Members spoke on the motion and the amendments.

Hon Ambrose CHEUNG spoke on the amendments.

The Secretary for Constitutional Affairs spoke on the motion and the amendments.

Hon LEE Cheuk-yan moved the following amendment to Hon Ambrose CHEUNG's motion:

To delete "urges the Government to actively improve the relationship between the executive authorities and the legislature by faithfully adhering to the principle of the executive authorities being accountable to the legislature on the constitutional basis of the Basic Law, enhancing communication and co-operation between the executive authorities and the legislature to foster mutual trust and partnership, and expeditiously instituting a co-operation mechanism for improving the relationship between the two, which should include holding regular executive-legislature coordination meetings; setting up a policy consultative committee system to enable the legislature to participate in policy discussion and formulation; as well as strengthening the decision-making structure of the executive authorities, including enlisting outside experts to serve as principal officials and making political appointments of principal officials, so that the officials concerned will assume the political responsibility and accountability commensurate with their authority" after "That this Council", and substitute with "considers that the recent tension in the relationship between the executive authorities and the legislature is caused mainly by the various forms of 'executive hegemony' the executive authorities have over the scope of the Legislative Council's work, undermining the power of Legislative Councillors in monitoring the Government, so as to exert complete executive powers; besides, the Basic Law does not provide an effective framework for the executive authorities and the legislature to exercise checks and balances on each other and be accountable to the public; in this regard, this Council urges the Government to expeditiously introduce bills to amend the Basic Law so as to achieve the following objectives: 1. the Chief Executive and all Members of the Legislative Council be elected by universal suffrage to make both the executive authorities and the legislature accountable to the Hong Kong public; 2. the provisions which restrict the introduction of bills by Members of the Legislative Council and which require Members' proposals to be voted in groups be repealed, to enable the Legislative Council to exercise more effective checks and balances on the acts of the executive authorities; and 3. the Chief Executive makes political appointments of principal officials and the legislature may, by passing a vote of no confidence, impeach officials for dereliction of duties, so as to fulfil the objective that principal officials should assume political responsibility".

Question on Hon LEE Cheuk-yan's amendment to Hon Ambrose CHEUNG's motion proposed and put.

Hon LEE Cheuk-yan 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, four were in favour of the amendment and 19 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 15 were in favour of the amendment and 12 against it. (Voting record in Appendix I.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the amendment was negatived.

Hon CHENG Kai-nam moved the following amendment to Hon Ambrose CHEUNG's motion:

To add "and" after "on the constitutional basis of the Basic Law,"; to delete "foster" from "to foster mutual trust and partnership" and substitute with "promote"; and to delete ", and expeditiously instituting a co-operation mechanism for improving the relationship between the two, which should include holding regular executive legislature coordination meetings; setting up a policy consultative committee system to enable the legislature to participate in policy discussion and formulation; as well as strengthening the decision-making structure of the executive authorities, including enlisting outside experts to serve as principal officials and making political appointments of principal officials, so that the officials concerned will assume the political responsibility and accountability commensurate with their authority".

Question on Hon CHENG Kai-nam's amendment to Hon Ambrose CHEUNG's motion proposed and 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, 23 were present, seven were in favour of the amendment, 15 against it and one abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 11 were in favour of the amendment and 16 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 Ambrose CHEUNG replied.

Question on Hon Ambrose CHEUNG's original 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.

The President announced that among the Members returned by functional constituencies, 23 were present, 11 were in favour of the motion, 11 against it and one abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, five were in favour of the motion and 22 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 motion was negatived.

Restoring confidence in Hong Kong's air cargo service

Hon Mrs Miriam LAU moved the following motion and addressed the Council:

That, as the air cargo terminals at the Hong Kong International Airport at Chek Lap Kok failed to operate normally at the commencement of the operation of the airport and brought Hong Kong's air cargo service almost to a standstill, resulting in substantial losses for Hong Kong's air cargo industry and the overall economy as well as seriously tarnishing the territory's reputation as an air cargo centre, this Council urges the Government and the Airport Authority to formulate expeditiously measures to strengthen supervision over the air cargo terminal and ensure that adequate contingency measures are in place to prevent the occurrence of incidents at the terminal from affecting Hong Kong's air cargo operations; at the same time, the Government should review the franchise for air cargo services at the new airport and consider the introduction of positive competition as a long-term objective, so as to enhance the quality and competitiveness of Hong Kong's air cargo service in the international arena; furthermore, the Government should also adopt expeditiously a comprehensive strategy to restore the confidence of the local and international communities in Hong Kong's air cargo service, thereby further consolidating the territory's position as a global air cargo hub.

At 7:42 pm, the President's Deputy took the chair during the temporary absence of the President.

Question on the motion proposed.

Eight Members spoke on the motion.

At 8:38 pm, the President resumed the chair.

The Secretary for Economic Services spoke on the motion.

Question on the motion put and agreed to.

Next Meeting

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

The Council was adjourned at 9:00 pm.


(Mrs Rita FAN)

President

Council Chamber
Hong Kong