Council meeting (Minutes) 27 Jan 99

LC Paper No. CB(3) 1196/98-99

LEGISLATIVE COUNCIL

MINUTES
No. 25
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Minutes of the meeting held on Wednesday 27 January 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 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 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 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:

The Hon HO Sai-chu, JP
Dr the Hon David LI Kwok-po, JP
The Hon Ambrose CHEUNG Wing-sum, JP
Dr the Hon Philip WONG Yu-hong

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
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 Stephen IP Shu-kwan, JP: Secretary for Economic Services
Mrs Regina IP LAU Suk-yee, JP: Secretary for Security
Miss Yvonne CHOI Ying-pik, JP: Secretary for Trade and Industry

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 Legislation		L.N. No.
1.	Fisheries Protection (Amendment) Regulation 1999	15/99
2.	Prevention of Bribery Ordinance (Amendment of Schedule) Order 1999	16/99
3.	Electricity Ordinance (Cap.406) (Commencement) Notice 1999	19/99
4.	Electrical Products (Safety) Regulation (Cap. 406 Sub. Leg.) (Commencement) Notice 1999	20/99

Sessional Paper

No.86

Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1998-99

Public Finance Ordinance : Section 8

Reports

1. Report of the Bills Committee on Immigration (Amendment) (No.2) Bill 1998

2. Report of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues

Address

Hon Mrs Selina CHOW, Chairman of Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues, presented the Committee's report and addressed the Council.

Questions

1. Hon LAW Chi-kwong asked Question 1.

The Secretary for Health and Welfare replied.

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

2. Hon Fred LI asked Question 2.

The Secretary for Health and Welfare replied.

Nine Members asked supplementaries. The Secretary for Health and Welfare and the Secretary for Security replied.

3. Hon CHENG Kai-nam asked Question 3.

The Secretary for Security replied.

Four Members asked supplementaries and the Secretary for Security replied.

4. Hon CHOY So-yuk asked Question 4.

The Secretary for Education and Manpower replied.

Nine Members asked supplementaries. The Secretary for Education and Manpower and the Secretary for Information Technology and Broadcasting replied.

5. Hon LAU Kong-wah Question 5.

The Secretary for Health and Welfare replied.

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

6. Hon Howard YOUNG asked Question 6.

The Secretary for Security replied.

A Member asked supplementaries and the Secretary for Security replied.

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

Bills

First Reading
Adaptation of Laws Bill 1999
Factories and Industrial Undertakings (Amendment) Bill 1999
Electricity (Amendment) Bill 1999
Firearms and Ammunition (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 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.

Factories and Industrial Undertakings (Amendment) Bill 1999

The Secretary for Education and Manpower moved the Second Reading and addressed the Council.

The Secretary for Economic Services moved the Second Reading and addressed the Council.

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.

Marriage (Certificate of Absence of Marriage Record) Bill 1998

Resumption of Second Reading debate

The debate on the Second Reading which had been moved on 11 November 1998 resumed.

A Member spoke on the Bill.

The Secretary for Security 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 Marriage (Certificate of Absence of Marriage Record) Bill 1998.

Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Security reported that the Marriage (Certificate of Absence of Marriage Record) Bill 1998 had passed through Committee without amendment. She 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.

Immigration (Amendment) (No.2) Bill 1998

Resumption of Second Reading debate

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

Hon James TO, Chairman of Bills Committee on Immigration (Amendment) (No.2) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.

Four Members spoke on the Bill.

The Secretary for Security 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 Immigration (Amendment) (No.2) Bill 1998.

Question that clauses 1, 3, 4 and 5 stand part of the Bill proposed, put and agreed to.

Question that clause 2 stand part of the Bill proposed.

The Secretary for Security moved amendments to clause 2 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Security reported that the Immigration (Amendment) (No.2) Bill 1998 had passed through Committee with amendments. She 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.

Motion

Proposed resolution under the Pharmacy and Poisons Ordinance

The Secretary for Health and Welfare moved the following motion and addressed the Council:

Resolved that the following Regulations, made by the Pharmacy and Poisons Board on 22 December 1998, be approved -

the Pharmacy and Poisons (Amendment) (No.2) Regulation 1998; and
the Poisons List (Amendment) (No.2) Regulation 1998.

Question on the motion proposed, put and agreed to.

Members' Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Ronald ARCULLI moved the following motion and addressed the Council:

Resolved that in relation to the Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403 sub. leg.) (Commencement) Notice 1998, published as Legal Notice No. 391 of 1998, and laid on the table of the Legislative Council on 6 January 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 10 February 1999.

Question on the motion proposed, put and agreed to.

South East Kowloon Development

Hon Christine LOH moved the following motion and addressed the Council:

That this Council urges the Government to withdraw the proposal for the development of South East Kowloon, which requires excessive reclamation and will irreversibly destroy an important part of Hong Kong's natural heritage but fails to maximize the use of the waterfront or provide an environmentally sustainable transport infrastructure; and in view of the fact that the proposal has been drawn up behind closed doors with no meaningful public consultation, this Council further urges the Government to undertake a thorough consultation process with a view to formulating a plan which is both visionary and sustainable and providing livable communities to meet the public's 21st century expectations; in the meantime, the Government should expedite the process of urban renewal in the northern part of the site in recognition of the urgent public housing needs and to provide the space required for resettling the residents displaced in the process of redeveloping some of the other older parts of Kowloon.

Question on Hon Christine LOH's motion proposed.

The President stated that Hon James TO and Hon TSANG Yok-sing 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.

After speaking on the motion, Hon James TO withdrew his notice to move an amendment to the motion.

The President stated that as Hon James TO had withdrawn his notice of amendment, only Hon TSANG Yok-sing would move amendment to the motion.

Hon TSANG Yok-sing moved the following amendment to Hon Christine LOH's motion and addressed the Council:

To delete "withdraw" and substitute with "revise"; to delete "which requires excessive reclamation and will irreversibly destroy an important part of Hong Kong's natural heritage but fails to maximize the use of the waterfront or provide an environmentally sustainable transport infrastructure; and in view of the fact that the proposal has been drawn up behind closed doors with no meaningful public consultation, this Council further urges the Government to"; to delete "with a view to formulating" and substitute with "and formulate"; to delete "providing" and substitute with "seeks to provide"; to add "the area to be reclaimed under the plan should be reduced to protect the harbour's resources;" after "the public's 21st century expectations;"; to delete "in the meantime,"; to delete "expedite the process of" and substitute with "also carry out"; to add "expeditiously" after "urban renewal"; and to add "; at the same time, there must be a comprehensive railway development programme to ensure that the construction of the railway network synchronizes with the development of the area" after "the other older parts of Kowloon".

Question on Hon TSANG Yok-sing's amendment to Hon Christine LOH's motion proposed.

A Member spoke on the motion and the amendment.

At 5:44 pm, the President's Deputy took the chair during the temporary absence of the President.

Another 13 Members spoke on the motion and the amendment.

Hon Christine LOH spoke on the amendment.

The Secretary for Planning, Environment and Lands spoke on the motion and the amendment.

At 7:05 pm, the President resumed the chair.

Question on Hon TSANG Yok-sing's amendment to Hon Christine LOH's motion put and agreed to.

Hon Christine LOH replied.

Question on Hon Christine LOH's motion as amended by Hon TSANG Yok-sing put and agreed to.

Anti-monopolization

Hon LEE Wing-tat moved the following motion and addressed the Council:

That, as the Government vetoed the proposal for enacting a fair competition law in 1997 and set up the Competition Policy Advisory Group instead, but the Group has failed to put forward any measure to deal with unfair competition in various sectors such as energy, freight services, telecommunications, broadcasting and banking, thereby seriously impairing the interests of industrial and commercial enterprises and the public, this Council urges the Government to expeditiously enact a fair competition law and remove the unfair market barriers, so as to encourage enterprises to innovate and promote consumers' rights and interests.

Question on the motion proposed.

14 Members and the Secretary for Trade and Industry spoke on the motion.

Hon LEE Wing-tat replied.

Question on the motion put.

Hon James TIEN 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, 22 were present, 11 were in favour of the motion and 11 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 24 were present, 18 were in favour of the motion, three against it and two abstained. (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.

Next Meeting

The President declared that the next meeting of the Council would be held on 3 February 1999 at 2:30 pm.

The Council was adjourned at 9:24 pm.

(Mrs Rita FAN)

President

Council Chamber

Hong Kong

LEGISLATIVE COUNCIL

MINUTES No. 25 ___________ Minutes of the meeting held on Wednesday 27 January 1999 at 2:30 pm ___________

MINUTES
No. 25
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Minutes of the meeting held on Wednesday 27 January 1999 at 2:30 pm
_