LC Paper No. CB(3) 1953/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 43
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Minutes of the meeting held on Wednesday 30 June 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
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
The Hon Margaret NG
The Hon Ronald ARCULLI, JP
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
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
Members absent:
Prof the Hon NG Ching-fai
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon MA Fung-kwok
The Hon Andrew WONG Wang-fat, JP
Public officers attending:
- The Honourable Mrs Anson CHAN, JP
- The Chief Secretary for Administration
- Mr Rafael HUI Si-yan, GBS, 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
- 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 David LAN Hong-tsung, JP
- Secretary for Home Affairs
- Mrs Regina IP LAU Suk-yee, JP
- Secretary for Security
- Ms Maria KWAN Sik-ling, JP
- Secretary for Economic Services
- Miss Yvonne CHOI Ying-pik, JP
- Secretary for Trade and Industry
- Mrs Rebecca LAI KO Wing-yee, JP
- Secretary for Financial Services
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- Deputy Secretary General
- Ms Pauline NG Man-wah,
- Assistant Secretary General (1)
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. | Pilotage (Dues) (Amendment) Order 1999 | 160/99
|
| 2. | Pilotage (Dues) (Amendment) (No.2) Order 1999 | 161/99
|
| 3. | Pilotage Ordinance (Amendment of Schedule 2) Notice 1999 | 162/99
|
| 4. | Marine Fish (Marketing) (Rate of Commission) Notice | 163/99
|
| 5. | Assumption of Responsibility for Markets Notification 1999 | 164/99
|
| 6. | Statutes of the University of Hong Kong (Amendment) Statutes 1999 | 165/99
|
Sessional Papers
| No. 132 | - | Report on the Administration of the Immigration Service Welfare Fund prepared by the Director of Immigration in accordance with Regulation 10 of the Immigration Service (Welfare Fund) Regulations
|
| No. 133 | - | Hong Kong Export Credit Insurance Corporation Annual Report 1998-99
|
Reports
Hon LEE Wing-tat, Chairman of the Panel on Housing, presented the Panel's report 1998/99 and addressed the Council.
Hon James TO, Chairman of the Panel on Security, presented the Panel's report 1998/99 and addressed the Council.
Hon Ambrose LAU, Chairman of the Panel on Financial Affairs, presented the Panel's report 1998/99 and addressed the Council.
Hon YEUNG Yiu-chung, Chairman of the Panel on Education, presented the Panel's report 1998/99 and addressed the Council.
Hon CHAN Kam-lam, Chairman of the Panel on Trade and Industry, presented the Panel's report 1998/99 and addressed the Council.
Hon Christine LOH, Chairman of the Panel on Environmental Affairs, presented the Panel's report 1998/99 and addressed the Council.
Questions
1. Hon WONG Yung-kan asked Question 1.
The Secretary for Economic Services replied.
Five Members asked supplementaries. The Secretary for Economic Services and the Secretary for Health and Welfare replied.
2. Hon Ambrose LAU asked Question 2.
The Secretary for Education and Manpower replied.
Eight Members asked supplementaries and the Secretary for Education and Manpower replied.
3. Hon David CHU asked Question 3.
The Secretary for Home Affairs replied.
Four Members asked supplementaries and the Secretary for Home Affairs replied.
4. Hon CHOY So-yuk asked Question 4.
The Secretary for Financial Services replied.
Six Members asked supplementaries and the Secretary for Financial Services replied.
5. Hon Howard YOUNG asked Question 5.
The Secretary for Transport replied.
Four Members asked supplementaries and the Secretary for Transport replied.
6. Hon Ambrose CHEUNG asked Question 6.
The Secretary for Security replied.
Six Members asked supplementaries and the Secretary for Security replied.
Written replies to Questions 7 to 20 were tabled for Members" information.
Bills
First Reading
Legal Practitioners (Amendment) Bill 1999
Adaptation of Laws (No.17) Bill 1999
Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Bill 1999
Prevention of Child Pornography Bill
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
Legal Practitioners (Amendment) Bill 1999
The Secretary for Justice 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.
Adaptation of Laws (No.17) 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.
Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Bill 1999
Prevention of Child Pornography Bill
Crimes (Amendment) Bill 1999
The Secretary for Security 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.
Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 2 June 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 Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999.
Question that clauses 1 and 2 stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Health and Welfare reported that
the Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999
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.
Adaptation of Laws (No.15) Bill 1999
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 9 June 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 Adaptation of Laws (No.15) Bill 1999.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 1 to 7 stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
As the Secretary for Economic Services, who was to move the Third Reading, was not in the Chamber, the President suspended the meeting at 4:54 pm.
The Council resumed at 5:00 pm.
The Secretary for Economic Services reported that
the Adaptation of Laws (No.15) Bill 1999
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.
Motions
Proposed resolution under the Public Finance Ordinance
The Secretary for Trade and Industry moved the following motion and addressed the Council:
Resolved that with effect from 30 June 1999 -
- there shall be established a fund to be called the Innovation and Technology Fund;
- the Fund shall be administered by the Financial Secretary who may delegate his power of administration, including the power to issue funds warrants and the power specified in paragraphs 4 and 6, to other public officers;
- there shall be credited to the Fund -
- such appropriations from the general revenue as may be approved by the Legislative Council for the purposes of the Fund;
- all income received by way of interest, dividend or distribution in whatever form from -
- any loan, advance, investment or payment in whatever form made from the Fund under paragraph 4;
- any sum invested under paragraph 6;
- all sums received by way of repayment of any loan or advance made from the Fund;
- the proceeds of the sale of any investment made from the Fund;
- such donations and other moneys as may be received for the purposes of the Fund;
- the Financial Secretary may apply moneys from the Fund for the purpose of -
- financing projects that contribute to innovation and technology upgrading in the manufacturing and service industries;
- financing projects that contribute to the upgrading and development of the manufacturing and service industries,
in accordance with such terms and conditions as may be specified by the Finance Committee;
- the Director of Accounting Services shall, under the authority of a funds warrant issued by the Financial Secretary, pay from the Fund such sums as may be required to meet expenditures from the Fund;
- the Financial Secretary in his discretion may authorize the investment in such manner as he may determine of any moneys held in the Fund at any time.
Question on the motion proposed.
Five Members spoke on the motion.
At 5:31 pm, the President's Deputy took the chair during the temporary absence of the President.
The Secretary for Trade and Industry replied.
Question on the motion put and agreed to.
Proposed resolution under the Interpretation and General Clauses Ordinance
The Secretary for Housing moved the motion in Appendix I and addressed the Council.
Question on the motion proposed.
Two Members spoke on the motion.
The Secretary for Housing replied.
Question on the motion put and agreed to.
Proposed resolution under the Interpretation and General Clauses Ordinance
The Secretary for Housing moved the following motion and addressed the Council:
Resolved that the Estate Agents (Determination of Commission Disputes) Regulation, published as Legal Notice No. 125 of 1999 and laid on the table of the Legislative Council on 26 May 1999, be amended, in section 16(1) -
- by repealing "10 working days" and substituting "7 working days"; and
- in paragraph (a), by repealing "and addresses".
Question on the motion proposed, put and agreed to.
Members' Motions
Promoting breast-feeding
Hon Michael HO moved the following motion and addressed the Council:
That, in view of the slow progress in the promotion of breast-feeding in Hong Kong, this Council urges the Government to expeditiously implement the "International Code of Marketing of Breastmilk Substitutes" as well as the joint declaration of the World Health Organization and the United Nations Children's Fund.
Question on the motion proposed.
Nine Members and the Secretary for Health and Welfare spoke on the motion.
Hon Michael HO replied.
Question on the motion put and agreed to.
Providing major venues for sporting events
Hon Timothy FOK moved the following motion and addressed the Council:
That this Council requests the Government to expedite its undertaking to designate land for the building of a multi-purpose stadium and aquatic centre complex adequate for the hosting of the 2006 Asian Games; this Council also urges the Government to consider integrating an art and cultural centre with the complex for the economy of scale, synergy and generation of communal pride, civic identity, quality of life and the development of tourism.
At 7:27 pm, the President resumed the chair.
Question on Hon Timothy FOK's motion proposed.
The President stated that Hon Andrew CHENG 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 Andrew CHENG moved the following amendment to Hon Timothy FOK's motion and addressed the Council:
To add "," after "a multi-purpose stadium and aquatic centre"; and to delete "complex adequate for the hosting of the 2006 Asian Games; this Council also urges the Government to consider integrating an art and cultural centre with the complex for the economy of scale, synergy and generation of communal pride, civic identity, quality of life and" and substitute with "in line with a comprehensive policy on sports which it should formulate in order to encourage the community to attach more importance to the sports culture, groom excellent athletic talents, and raise the standards of the Hong Kong people in sports, with the objective of strengthening Hong Kong"s position for hosting international sporting events, thereby promoting".
Question on Hon Andrew CHENG's amendment to Hon Timothy FOK's motion proposed.
17 Members spoke on the motion and the amendment.
Hon Timothy FOK spoke on the amendment.
The Secretary for Home Affairs spoke on the motion and the amendment.
Question on Hon Andrew CHENG's amendment to Hon Timothy FOK's motion put.
Hon Andrew CHENG 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, six were in favour of the amendment and 16 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 23 were present, 11 were in favour of the amendment, 10 against it and one 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 amendment was negatived.
Question on Hon Timothy FOK's original motion put and agreed to.
Next Meeting
The President declared that the next meeting of the Council would be held on 7 July 1999 at 2:30 pm.
The Council was adjourned at 9:35 pm.
(Mrs Rita FAN) President
Council Chamber
Hong Kong
