LC Paper No. CB(3) 1683/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 38
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Minutes of the meeting held on Wednesday 26 May 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 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 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 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 LEE Cheuk-yan
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 Gordon SIU Kwing-chue, JP

Secretary for Planning, Environment and Lands

Mr Nicholas NG Wing-fui, JP

Secretary for Transport

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

Mrs Regina IP LAU Suk-yee, JP

Secretary for Security

Mr Leo KWAN Wing-wah, JP

Secretary for Home Affairs

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 Legislation		L.N. No.
1.	Specification of Arrangements (Government of the Russian Federation Concerning Air Services) (Double Taxation) Order	123/99
2.	Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation	124/99
3.	Estate Agents (Determination of Commission Disputes) Regulation	125/99
4.	Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No.2) Order 1999	126/99
5.	Declaration of Markets in the Urban Council Area (Amendment) Declaration 1999	127/99
6.	Hawker (Permitted Place) Declaration 1999	128/99
7.	Housing Ordinance (Amendment of Schedule) Order 1999 (L.N. 63 of 1999) (Commencement) Notice 1999	129/99

Sessional Papers

No. 127

-

Report on the Administration of the Fire Services Welfare Fund together with the Director of Audit's Report and Audited Statement of Accounts for the year ended 31 March 1998

Questions

1. Hon CHENG Kai-nam 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 James TIEN asked Question 2.

The Secretary for Education and Manpower replied.

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

3. Hon CHAN Wing-chan asked Question 3.

The Secretary for Housing replied.

Six Members asked supplementaries and the Secretary for Housing replied.

4. Hon Ambrose CHEUNG asked Question 4.

The Secretary for Home Affairs replied.

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

5. Hon Emily LAU asked Question 5.

The Secretary for Financial Services replied.

Four Members asked supplementaries and the Secretary for Financial Services replied.

Written replies to Questions 6 to 20 were tabled for Members' information.

Bills

First Reading

Road Tunnels (Government) (Amendment) Bill 1999
Roads and Tunnels Legislation (Miscellaneous Amendments) Bill 1999
Banking (Amendment) Bill 1999
Witness Protection Bill

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

Road Tunnels (Government) (Amendment) Bill 1999
Roads and Tunnels Legislation (Miscellaneous Amendments) Bill 1999

The Secretary for Transport 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.

Banking (Amendment) 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.

Witness Protection Bill

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.

Members' Bills

Alice Ho Miu Ling Nethersole Hospital Incorporation (Amendment) Bill 1999

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 12 May 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 Alice Ho Miu Ling Nethersole Hospital Incorporation (Amendment) Bill 1999.

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

Question that clause 3 stand part of the Bill proposed.

Hon Eric LI moved amendments to clause 3 and addressed the Committee.

Question on the amendments put and agreed to.

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

The Council then resumed.

Third Reading

Hon Eric LI reported that

the Alice Ho Miu Ling Nethersole Hospital

Incorporation (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.

Members' Motions

Interpretation of the Basic Law

Before calling Hon Albert HO to move his motion, the President stated that some Members were of the view that Hon Albert Ho's motion repeated the motion moved by the Secretary for Security at the last Council meeting and therefore offended Rule 32 of the Rules of Procedure. She explained that as the two motions involved different propositions and scope, they could be considered separately in the Council. She reminded Members that they should abide by Rule 41(3) of the Rules of Procedure which forbade any attempt to reconsider a specific question on which the Council had taken a decision during the same session.

Hon Albert HO moved the following motion and addressed the Council:

That, in order to uphold the principles of 'one country, two systems', a high degree of autonomy and judicial independence, this Council objects to the Standing Committee of the National People's Congress interpreting those articles of the Basic Law relating to the limits of the autonomy of the Hong Kong Special Administrative Region.

Question on the motion proposed.

12 Members spoke on the motion.

At 5:48 pm, the President's Deputy took the chair during the temporary absence of the President.

Another three Members and the Secretary for Justice spoke on the motion.

While the Secretary for Justice was speaking on the motion, Hon Martin LEE raised a point of order on whether the Secretary for Justice's speech was offending Rule 41(3) of the Rules of Procedure. The President's Deputy suspended the meeting at 6:14 pm.

At 6:27 pm, the Council resumed.

The President's Deputy said that he had reviewed the address of the Secretary for Justice and Rule 41(3). He asked the Secretary to clarify whether she was attempting to ask the Council to reconsider the specific question on which the Council had taken decision during the session, or was responding and clarifying some points raised earlier by some Members. The Secretary for Justice replied that she was responding to the addresses made by some Members. The President's Deputy then asked her to continue.

The Secretary for Justice continued to speak on the motion.

At 6:31 pm, the President resumed the chair.

One further Member spoke on the motion.

Hon Albert HO replied.

Question on the motion put.

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 among the Members returned by functional constituencies, 27 were present, seven were in favour of the motion and 20 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 29 were present, 14 were in favour of the motion and 14 against it. (Voting record in the Appendix.) 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.

Promoting extensive use of English

Hon James TIEN moved the following motion and addressed the Council:

That, as an excellent command and the extensive use of English is pivotal in maintaining and enhancing Hong Kong's status as an international city and centre of trade, commerce and finance, this Council urges the Government to adopt comprehensive measures to improve the standard of English as well as increase its use in Hong Kong; such measures include better training and development of local teachers of English, promoting and encouraging the learning and extensive use of English in schools, the business and professional sectors, government departments and the community.

Question on the motion proposed.

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

Hon James TIEN 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 2 June 1999 at 2:30 pm.

The Council was adjourned at 8:28 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong