LC Paper No. CB(3) 386/98-99

LEGISLATIVE COUNCIL
MINUTES
No. 9

Minutes of the meeting held on Wednesday 30 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
Dr the Hon David LI Kwok-po, JP
The Hon Fred LI Wah-ming
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
Dr the Hon YEUNG Sum
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

Members absent:

Dr the Hon LUI Ming-wah, JP
The Hon Howard YOUNG, JP
The Hon YEUNG Yiu-chung
The Hon TAM Yiu-chung, 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

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

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

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

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

Mr Patrick LAU Lai-chiu, JP
Secretary for Planning, Environment and Lands

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 LegislationL.N. No.
1. Immigration (Amendment) Regulation 1998318/98
2. Aviation Security Ordinance (Amendment of Schedule 1) Order 1998319/98
3. Specification of Public Office320/98
4. Admission and Registration (Amendment) Rules 1998321/98
5. Rules of the High Court (Amendment) (No.3) Rules 1998322/98


Sessional Paper

No.27-Annual Report of the Protection of Wages on Insolvency Fund Board 1997-98


Questions

1. Hon CHAN Kwok-keung asked Question 1.

The Secretary for Security replied.

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

2. Prof Hon NG Ching-fai asked Question 2.

The Secretary for Education and Manpower replied.

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

3. Dr Hon HO Chung-tai asked Question 3.

The Secretary for Planning, Environment and Lands replied.

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

4. Hon Andrew CHENG asked Question 4.

The Secretary for Economic Services replied.

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

5. Hon James TO asked Question 5.

The Secretary for Security replied.

Five Members asked supplementaries and the Secretary for Security replied.

In response to a supplementary raised by Hon Andrew WONG, the Secretary for Security replied that she could not disclose the answer since it contained confidential information.

Hon Andrew WONG and Hon TO Kun-sun requested the President to rule whether the answer sought by Hon Andrew WONG related to confidential information. The President suspended the meeting at 3:43 pm.

At 4:10 pm, the Council resumed.

The President stated that she had considered the matter and consulted some materials on the practice in other legislatures. As she did not have sufficient relevant information to rule whether the answer sought related to confidential information, she was unable to rule on it. It was for the responsible Public Officer to judge in answering the question.

Two Members who had asked supplementaries on the question before the suspension of the meeting asked supplementaries and the Secretary for Security replied.

6. Hon Mrs Selina CHOW asked Question 6.

The Secretary for Information Technology and Broadcasting replied.

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

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

Bills

First Reading

Bankruptcy (Amendment) Bill 1998
Lifts and Escalators (Safety)(Amendment) Bill 1998
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

Bankruptcy (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.

Lifts and Escalators (Safety)(Amendment) Bill 1998

The Secretary for Planning, Environment and Lands 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

Interpretation and General Clauses Ordinance

Hon Andrew WONG moved the following resolution and addressed the Council:

Resolved that in relation to the Statutes of the University of Hong Kong (Amendment) Statutes 1998, published as Legal Notice No. 299 of 1998, and laid on the table of the Legislative Council on 9 September 1998, 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 14 October 1998.

Question on the resolution proposed.

A Member spoke on the resolution.

Hon Andrew WONG replied.

Question on the resolution put and agreed to.

Review of the Hong Kong Monetary Authority

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

That, as the Hong Kong Monetary Authority (HKMA) has repeatedly erred in its efforts to maintain the linked exchange rate system in the wake of speculative attacks on the Hong Kong currency since October last year, including failing to introduce timely measures to strengthen the currency board arrangements, this Council expresses strong dissatisfaction with the performance of the HKMA and urges the HKMA to learn earnestly from the lesson so as to avoid repeating the mistakes; this Council also urges the Government to review the structure and regulatory mechanism of the HKMA, with a view to enhancing its transparency and accountability.

Question on the motion proposed.

22 Members and the Financial Secretary spoke on the motion.

Hon Albert HO replied.

Question on the motion put.

Hon Albert HO 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, 24 were present, six were in favour of the motion and 18 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 27 were present, 14 were in favour of the motion 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 motion was negatived.

Liberalization of the telecommunications and television markets

Hon Fred LI moved the following motion and addressed the Council:

That this Council urges the Government to adopt positive measures to expeditiously implement the full liberalization of the local and external telecommunications and television markets, so as to enhance Hong Kong's status as a communications and broadcasting hub of the Asia-Pacific region.

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

Question on the motion proposed. The President's Deputy stated that Hon Mrs Selina CHOW and Hon MA Fung-kwok 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 Mrs Selina CHOW and Hon MA Fung-kwok spoke on the motion and their proposed amendments respectively.

A Member spoke on the motion and the amendments.

At 8:15 pm, the President resumed the chair.

Another eight Members spoke on the motion and the amendments.

Hon Fred LI spoke on the amendments.

The Secretary for Information Technology and Broadcasting spoke on the motion and the amendments.

Hon Mrs Selina CHOW moved the following amendment to Hon Fred LI's motion:

To delete "positive measures to expeditiously implement the full" and substitute with "a prudent approach and to take into account the market environment and the overall development of the telecommunications, filming and television industries in Hong Kong when making arrangements for the"; and to delete "enhance" from "so as to enhance" and substitute with "ensure the provision of a level playing field to facilitate healthy competition in the telecommunications and television markets in Hong Kong, thereby offering genuine choices for the public and enhancing".

Question on Hon Mrs Selina CHOW's amendment to Hon Fred LI's motion proposed and put.

Hon Mrs Selina CHOW 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, 13 were in favour of the amendment and seven against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 20 were present, eight were in favour of the amendment and 11 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 MA Fung-kwok moved the following amendment to Hon Fred LI's motion:

To add ", on the premise of ensuring the provision of a level playing field," after "That"; and to add "; the Government should also adopt necessary measures to ensure that the operators in the telecommunications industry are committed to the industry's development in Hong Kong, and that the operators in the broadcasting industry can promote the overall development of local culture and the filming, television and phonographic industries" after "communications and broadcasting hub of the Asia-Pacific region".

Question on Hon MA Fung-kwok's amendment to Hon Fred LI's motion proposed and 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, 20 were present, 11 were in favour of the amendment and nine against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 19 were present, 17 were in favour of the amendment and one against it. (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 amendment was agreed.

Hon Fred LI replied.

Question on Hon Fred LI's motion as amended by Hon MA Fung-kwok put and agreed to.

Next Meeting

The President declared that the next meeting of the Council would be held on 7 October 1998 at 2:30 pm.

The Council was adjourned at 9:42 pm.

(Mrs Rita FAN)
President

Council Chamber
Hong Kong