LC Paper No. CB(3) 1472/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 31
___________
Minutes of the meeting held on Wednesday 31 March 1999 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
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 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 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
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP
Members absent:
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon Jasper TSANG Yok-sing, JP
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 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 Rafael HUI Si-yan, GBS, JP
- Secretary for Financial Services
- 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 LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr David LAN Hong-tsung, JP
- Secretary for Home Affairs
- Mrs Regina IP LAU Suk-yee, JP
- Secretary for Security
- Ms Maria KWAN Sik-ning, JP
- Secretary for Economic Services
- Dr Edgar CHENG Wai-kin, JP
- Head, Central Policy Unit
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.
|
Schedule of Routes (Citybus Limited) Order 1999
|
78/99 |
|
2.
|
Schedule of Routes (North Lantau and Chek Lap Kok Airport) (Citybus Limited) Order 1999
|
79/99 |
|
3.
|
Schedule of Routes (Kowloon Motor Bus Company) Order 1999
|
80/99 |
|
4.
|
Schedule of Routes (Long Win Bus Company Limited) Order 1999
|
81/99 |
|
5.
|
Schedule of Routes (New Lantao Bus Company) Order 1999
|
82/99 |
|
6.
|
Schedule of Routes (New World First Bus Services Limited) Order 1999
|
83/99 |
|
7.
|
Film Censorship (Amendment) Regulation 1999
|
84/99 |
|
8.
|
Merchant Shipping (Safety) (Carriage of Cargoes) (Amendment) Regulation 1999
|
85/99 |
|
9.
|
Securities (Dealers, Investment Advisers, Partnerships and Representatives) (Amendment) Rules 1999
|
86/99 |
|
10.
|
Nurses Registration (Amendment) Ordinance 1997 (82 of 1997) (Commencement) Notice 1999
|
87/99 |
|
11.
|
Animals and Plants (Protection of Endangered Species) Ordinance (Amendment of Schedules) Notice 1999 (L.N. 38 of 1999) (Commencement) Notice 1999
|
88/99 |
|
12.
|
Rules of the High Court (Amendment) Rules 1999 (L.N. 39 of 1999) (Commencement) Notice 1999
|
89/99 |
|
13.
|
Public Revenue Protection (Revenue) Order 1999
|
90/99 |
|
|
|
Sessional Papers
|
No. 111
|
-
|
Estimates for the year ending 31 March 2000
General Revenue Account
Summaries and Revenue Analysis by Heads and Subheads |
|
No. 112
|
-
|
Audited Statement of Accounts of the Language Fund together with the Director of Audit's Report for the year ended 31 August 1998 |
|
No. 113
|
-
|
Legal Aid Services Council
Annual Report 1997-98 |
|
No. 114
|
-
|
Securities and Futures Commission
Approved Estimates of Income and Expenditure for the financial year 1999/2000 |
|
No. 115
|
-
|
Report by the Commissioner of Police on the Police Children's Education Trust and the Police Education and Welfare Trust for the period 1 April 1997 to 31 March 1998 |
|
No. 116
|
-
|
Provisional Regional Council Revised Estimates of Expenditure 1998/99 |
|
No. 117
|
-
|
Revised list of works of the Provisional Regional Council for the 1998/99 financial year (during the third quarter ended 31 December 1998) |
Reports
|
1.
|
Report of the Bills Committee on Adaptation of Laws (No.4) Bill 1998 |
|
2.
|
Report of the Bills Committee on Adaptation of Laws (No.6) Bill 1998 |
|
3.
|
Report of the Bills Committee on Adaptation of Laws (No.2) Bill 1998 |
|
4.
|
Report of the Bills Committee on Adaptation of Laws (No.3) Bill 1998 |
Addresses
Hon James TO and the Secretary for the Treasury addressed the Council separately on the Tax Exemption (1997 Tax Year) Order, which is subsidiary legislation laid on the Table of the Council on 10 March 1999.
Questions
Written replies to Questions 1 to 20 were tabled for Members* information.
Bills
First Reading
Prevention of Bribery (Amendment) Bill 1999
Administration of Justice (Miscellaneous Provisions) Bill 1999
Adaptation of Laws (No.8) Bill 1999
Adaptation of Laws (No.9) Bill 1999
Securities (Margin Financing) (Amendment) Bill 1999
Merchant Shipping (Local Vessels) Bill
Shipping and Port Control (Amendment) Bill 1999
Merchant Shipping (Prevention and Control of Pollution) (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
Prevention of Bribery (Amendment) Bill 1999
Administration of Justice (Miscellaneous Provisions) Bill 1999
The Chief Secretary for Administration 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.
Adaptation of Laws (No.8) Bill 1999
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.
Adaptation of Laws (No.9) Bill 1999
The Secretary for Transport 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.
Securities (Margin Financing) (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.
Merchant Shipping (Local Vessels) Bill
Shipping and Port Control (Amendment) Bill 1999
Merchant Shipping (Prevention and Control of Pollution) (Amendment) Bill 1999
The Secretary for Economic Services 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.
Appropriation Bill 1999
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 3 March 1999 resumed.
The Chief Secretary for Administration, the Secretary for Information Technology and Broadcasting, the Secretary for Trade and Industry and the Secretary for Economic Services spoke on the motion.
At 3:55 pm, the President's Deputy took the chair during the temporary absence of the President.
The Secretary for Education and Manpower, the Secretary for Health and Welfare and the Secretary for Transport spoke on the motion.
At 4:41 pm, the President resumed the chair.
The Secretary for Planning, Environment and Lands spoke on the motion.
The Financial Secretary replied.
Hon Martin LEE requested the President to suspend the meeting for 15 minutes to enable the Members of the Democratic Party to discuss how they would vote on the Second Reading of the Bill.
The President approved the request and suspended the meeting at 5:25 pm.
At 5:42 pm, the Council 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 Appropriation Bill 1999.
In accordance with Rule 68 of the Rules of Procedure, the Committee first considered the schedule to the Bill.
Question that the sums for heads 21 to 31, 35, 37, 39, 40, 42 to 48, 50, 51, 53, 55, 56, 58, 60, 62, 63, 70, 72, 73, 74, 76, 78, 80, 82, 90, 91, 92, 94, 96, 98, 100, 106, 110, 112, 114, 115, 116, 118, 120, 121, 130, 136, 142 to 153, 160, 162, 163, 166, 168, 170, 173 to 177, 180, 181, 184, 186, 188, 190 and 194 stand part of the schedule proposed and put.
Hon Cyd HO claimed a division. The Chairman then ordered the Committee to divide under Rule 47(1) of the Rules of Procedure.
The Chairman announced that 54 Members were present, 48 were in favour of the motion and five against it. (Voting record in Appendix I.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.
Dr Hon YEUNG Sum rose to move the following motion without notice:
That in the event of further divisions being claimed in respect of the remaining motions to be moved at the Committee Stage of the Appropriation Bill 1999 at this meeting, Rule 47(1)(c) of the Rules of Procedure be suspended so that the Chairman may order that the Committee do proceed to each of such divisions immediately after the division bell has been rung for one minute.
Question on the motion proposed, put and agreed to.
Question that head 122 stand part of the Bill proposed.
Hon James TO moved that head 122 be reduced by $106,152,000 in respect of subhead 103 and addressed the Committee.
Four Members, the Secretary for Security and one other Member spoke on the amendment.
Hon James TO replied.
Question on the amendment put.
Hon James TO claimed a division. The Chairman then ordered the Committee to divide under Rule 49(5) of the Rules of Procedure.
The Chairman announced that among the Members returned by functional constituencies, 27 were present, four were in favour of the amendment and 23 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 28 were present, 13 were in favour of the amendment and 14 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.
Question that the sum for head 122 stand part of the schedule proposed, put and agreed to.
Question that the schedule stand part of the Bill put and agreed to.
Question that clauses 1 and 2 stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Financial Secretary reported that the Appropriation Bill 1999 had passed through Committee without amendment. He moved that the Bill be read the third time and do pass.
Question on the Third Reading proposed and put.
Hon Emily LAU claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that 54 Members were present, 48 were in favour of the motion and five against it. (Voting record in Appendix III.) Since the question was agreed by a majority of the Members present, she declared that the motion was carried.
Bill read the third time and passed.
Adaptation of Laws (No.4) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 11 November 1998 resumed.
Hon Andrew WONG, Chairman of the Bills Committee on Adaptation of Laws (No.4) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.
The Secretary for Justice 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 Adaptation of Laws (No.4) Bill 1998.
Question that clauses 1 and 3 stand part of the Bill proposed, put and agreed to.
Question that clause 2 stand part of the Bill proposed.
The Secretary for Justice moved amendments to clause 2.
Question on the amendments put and agreed to.
Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.
Question that schedule 1 stand part of the Bill proposed.
The Secretary for Justice moved amendments to sections 2 and 7 of schedule 1.
Question on the amendments put and agreed to.
Question that schedule 1, as amended, stand part of the Bill proposed, put and agreed to.
Question that schedule 2 stand part of the Bill proposed.
The Secretary for Justice moved an amendment to section 2 of schedule 2.
Question on the amendment put and agreed to.
Question that schedule 2, as amended, stand part of the Bill proposed, put and agreed to.
Question that schedule 3 stand part of the Bill proposed.
The Secretary for Justice moved amendments to section 1 of schedule 3.
Question on the amendments put and agreed to.
Question that schedule 3, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Justice reported that the Adaptation of Laws (No.4) 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.
Adaptation of Laws (No.6) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 11 November 1998 resumed.
Hon Margatet NG, Chairman of the Bills Committee on Adaptation of Laws (No.6) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.
The Secretary for the Treasury 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 Adaptation of Laws (No.6) Bill 1998.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 1, 3 to 8, 10, 11 and 12 stand part of the Bill proposed, put and agreed to.
Question that schedule 2 stand part of the Bill proposed.
The Secretary for the Treasury moved an amendment to section 1 of schedule 2 and addressed the Committee.
Question on the amendment put and agreed to.
Question that schedule 2, as amended, stand part of the Bill proposed, put and agreed to.
Question that schedule 9 stand part of the Bill proposed.
The Secretary for the Treasury moved an amendment to section 1 of schedule 9 and addressed the Committee.
Question on the amendment put and agreed to.
Question that schedule 9, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for the Treasury reported that the Adaptation of Laws (No.6) 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.
Adaptation of Laws (No.2) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 14 October 1998 resumed.
Hon Andrew WONG, Chairman of the Bills Committee on Adaptation of Laws (No.2) Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.
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 Adaptation of Laws (No.2) Bill 1998.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 4, 5, 6, 9 to 12 stand part of the Bill proposed, put and agreed to.
Question that schedules 1, 2, 7 and 8 stand part of the Bill proposed.
The Secretary for Security moved amendments to the definition of "Conventions" in paragraph (b) and the definition of "medicinal opium" in paragraph (c) of section 1 of schedule 1 and addressed the Committee.
Question on the amendments put and agreed to.
The Secretary for Security moved amendments to section 6 of schedule 1, section 9(b) of schedule 2, sections 3, 4 and 5 of schedule 7, and sections 1, 2, 4(a), 5, 7, 8 and 9 of schedule 8 and addressed the Committee.
The Chairman suspended the meeting at 5:25 pm.
At 5:42 pm, the Committee resumed.
Question on the amendments put and agreed to.
Question that schedules 1, 2, 7 and 8, as amended, stand part of the Bill proposed, put and agreed to.
Question that schedule 3 stand part of the Bill proposed.
The Secretary for Security moved amendments to the subheading and section 1 of schedule 3 and the addition new sections 1A and 2A to schedule 3 and addressed the Committee.
Question on the amendments put and agreed to.
Question that section 4 of schedule 3 stand part of the Bill put and agreed to.
Question that schedule 3, 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 Adaptation of Laws (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.
Adaptation of Laws (No.3) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 11 November 1998 resumed.
Hon Margaret NG, Chairman of the Bills Committee on Adaptation of Laws (No.3) Bill 1998, addressed the Council on the Report of the Bills Committee 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 Adaptation of Laws (No.3) Bill 1998.
Question that clause 1 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 an amendment to clause 2 and addressed the Committee.
Question on the amendment put and agreed to.
Question that clause 2, as amended, stand part of the Bill proposed, put and agreed to.
Question that the schedule stand part of the Bill proposed.
The Secretary for Security moved the deletion of the schedule.
Question on the amendment put and agreed to.
The Chairman stated that as the amendment to the schedule, which dealt with deletion, had been agreed, the schedule would therefore be deleted from the Bill.
The Secretary for Security moved an amendment to the long title.
Question on the amendment put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Security reported that the Adaptation of Laws (No.3) 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.
Next Meeting
The President declared that the next meeting of the Council would be held on 21 April 1999 at 2:30 pm.
The Council was adjourned at 8:10 pm.
(Mrs Rita FAN) President
Council Chamber
Hong Kong
