LC Paper No. CB(2) 2492/98-99

Ref : CB2/H/5

House Committee of the Legislative Council

Minutes of the 37th meeting
held in the Legislative Council Chamber
at 5:05 pm on Friday, 2 July 1999

Members present :

Dr Hon LEONG Che-hung, JP (Chairman)
Dr Hon YEUNG Sum (Deputy Chairman)
Hon Kenneth TING Woo-shou, JP
Hon James TIEN Pei-chun, JP
Hon David CHU Yu-lin
Hon HO Sai-chu, JP
Hon Cyd HO Sau-lan
Hon Edward HO Sing-tin, SBS, JP
Hon Albert HO Chun-yan
Hon Michael HO Mun-ka
Dr Hon Raymond HO Chung-tai, JP
Hon LEE Wing-tat
Hon Martin LEE Chu-ming, SC, JP
Hon Eric LI Ka-cheung, JP
Hon LEE Kai-ming, SBS, JP
Hon Fred LI Wah-ming, JP
Dr Hon LUI Ming-wah, JP
Hon NG Leung-sing
Hon MA Fung-kwok
Hon James TO Kun-sun
Hon CHEUNG Man-kwong
Hon Ambrose CHEUNG Wing-sum, JP
Hon HUI Cheung-ching
Hon Christine LOH Kung-wai
Hon CHAN Kwok-keung
Hon Bernard CHAN
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon Gary CHENG Kai-nam, JP
Hon SIN Chung-kai
Hon WONG Yung-kan
Hon Jasper TSANG Yok-sing, JP
Hon Howard YOUNG, JP
Hon YEUNG Yiu-chung
Hon LAU Chin-shek, JP
Hon LAU Kong-wah
Hon Mrs Miriam LAU Kin-yee, JP
Hon Ambrose LAU Hon-chuen, JP
Hon Emily LAU Wai-hing, JP
Hon CHOY So-yuk
Hon Andrew CHENG Kar-foo
Hon SZETO Wah
Hon LAW Chi-kwong, JP
Hon TAM Yiu-chung, SBS, JP
Dr Hon TANG Siu-tong, JP

Members absent :

Hon LEE Cheuk-yan
Dr Hon David LI Kwok-po, JP
Prof Hon NG Ching-fai
Hon Margaret NG Ngoi-yee
Hon Mrs Selina CHOW LIANG Shuk-yee, JP
Hon Ronald ARCULLI, JP
Hon CHAN Yuen-han
Hon LEUNG Yiu-chung
Hon Andrew WONG Wang-fat, JP
Dr Hon Philip WONG Yu-hong
Hon LAU Wong-fat, GBS, JP
Hon Timothy FOK Tsun-ting, SBS, JP
Hon FUNG Chi-kin

Clerk in attendance :

Mrs Justina LAM

Clerk to the House Committee

Staff in attendance :

Mr Ricky C C FUNG, JP

Secretary General

Mr Jimmy MA, JP

Legal Adviser

Mr LAW Kam-sang, JP

Deputy Secretary General

Mr LEE Yu-sung

Senior Assistant Legal Adviser

Ms Pauline NG

Assistant Secretary General 1

Mr Ray CHAN

Assistant Secretary General 3

Ms Bernice WONG

Assistant Legal Adviser 1

Miss Connie FUNG

Assistant Legal Adviser 3

Mr Stephen LAM

Assistant Legal Adviser 4

Mr KAU Kin-wah

Assistant Legal Adviser 6

Mrs Vivian KAM

Chief Assistant Secretary (Complaints)

Miss Kathleen LAU

Chief Public Information Officer

Mr LAW Wing-lok

Chief Assistant Secretary (2)5

Mrs Betty LEUNG

Chief Assistant Secretary (3)1

Miss Mary SO

Senior Assistant Secretary (2)8

I. Confirmation of the minutes of the 36th meeting held on 25 June 1999
(LC Paper No. CB(2) 2426/98-99)

The minutes were confirmed.

II. Matters arising

(a) Report by the Chairman on his meeting with the Chief Secretary for Administration (CS)

2. The Chairman said that he had urged the Administration to present, as far as possible, complicated or important items of subsidiary legislation in draft form to the relevant Panels in the first instance.

3. The Chairman further said that in response to his query as to why the Trade and Industry Bureau had given notice to resume the Second Reading debates on the Import and Export (Amendment) Bill 1999 and Protection of Non-Government Certificates of Origin (Amendment) Bill 1999 even before the House Committee had the chance of considering the Bills, the Bureau had explained that it wished to meet the 12-days' notice requirement in case members supported resumption of Second Reading debate on the two Bills on 7 July 1999. The Bureau had absolutely no intention of pre-empting members' deliberation.

4. The Chairman also said that he had raised with the Director of Administration the problem of parking of government cars at the LegCo Building carpark. The Director of Administration had undertaken to bring this to the attention of government officials.

5. Mr James TIEN said that family members of Members should also avoid using the LegCo Building carpark. The Chairman hoped that a Member should have only one car parked at the LegCo Building carpark at any one time.

(b) Port Control (Cargo Working Areas) (No.2) (Amendment) Regulation 1999

6. The Chairman said that the Administration would introduce a further amendment regulation to resolve certain technical problems of the Port Control (Cargo Working Areas) (Amendment) Regulation 1999 (the Amendment Regulation) in early September 1999, instead of in late June or July 1999 as originally indicated by the Administration when the Amendment Regulation was considered at the House Committee meeting on 26 March 1999.

(c) Lingnan University Bill
(LC Paper No. LS 239/98-99)

7. The Legal Adviser explained the proposed Committee Stage amendments (CSAs) and their effects as detailed in paragraph 2 of the paper which was tabled at the meeting together with the Secretary for Education and Manpower (SEM)'s letter dated 30 June 1999. The Legal Adviser added that with the CSAs, the Legal Service Division was satisfied that the legal and drafting aspects of the Bill were in order.

8. The Legal Adviser also drew members' attention to paragraph 4 of the paper and said that the Administration had been advised to move the necessary CSAs to the Legislative Council (Amendment) Bill 1999 following the passage of this Bill. The Legal Adviser further said that the Legal Service Division would provide correspondence exchanged with the Administration on the technical aspects of the Bill for Members' information prior to the resumption of Second Reading debate on the Bill on 14 July 1999.

9. Mr CHEUNG Man-kwong said that with the CSAs to be moved by the Administration, Members belonging to the Democratic Party were supportive of the passage of the Bill within the current legislative session so as to benefit this year's graduates. He added that he and other Members belonging to the Democratic Party would strive , at a later stage and outside the context of this Bill, to change the existing arrangement of the Chief Executive (CE) appointing LegCo Members in their personal capacity to the governing bodies of certain tertiary institutions to one providing for LegCo Members to elect persons from among their own number to be members of these bodies.

10. Miss Emily LAU shared Mr CHEUNG's views and said that the House Committee should at an appropriate time discuss the issue of how Members elected to serve on the governing bodies of tertiary institutions should report their work to Members.

11. In response to Miss LAU's enquiry about the technical points which the Legal Service Division had raised with the Administration, the Legal Adviser said that these points mainly involved transitional arrangements and they would be contained in the correspondence to be circulated to members. He added that based on the clarifications given by the Administration, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

12. Mr James TIEN expressed dissatisfaction about the manner in which the Education and Manpower Bureau had handled the matter, given that members were given little time to scrutinize the Bill and the CSAs. However, he concurred with Mr CHEUNG Man-kwong and Miss Emily LAU that LegCo Members serving on the governing bodies of local tertiary institutions should be elected from among their own number, similar to the arrangement adopted by the governing bodies of the University of Hong Kong and the Chinese University of Hong Kong, instead of by CE's appointment.

13. Members agreed that the Second Reading debate on the Bill be resumed on 14 July 1999.

(d) Import and Export (Amendment) Bill 1999

(e) Protection of Non-Government Certificates of Origin (Amendment) Bill 1999

14. Mr James TIEN said that the Administration had explained to him that Tradelink was working towards accepting paper submissions by post or through drop-off boxes from small business operators. He added that he was satisfied with the Administration's clarification and had no further queries.

15. Members raised no objection to the resumption of Second Reading debate on the two Bills on 7 July 1999.

(f) Adaptation of Laws (No.18) Bill 1999
(Assistant Legal Adviser's letter of 22 June 1999 and Secretary for Information Technology and Broadcasting's reply of 28 June 1999 tabled at the meeting.)

16. The Legal Adviser said that in view of the Administration's clarifications on the proposed adaptation of "Secretary for State" and "Her Majesty's Government in the United Kingdom" as "Central People's Government" in the Outer Space Ordinance as detailed in the Secretary for Information Technology and Broadcasting's reply, the Legal Service Division was satisfied that the legal and drafting aspects of the Bill were in order.

17. Members agreed that the Second Reading debate on the Bill could be resumed.

III. Business arising from previous Council meetings

(a) Legal Service Division's reports on bills referred to the House Committee in accordance with Rule 54(4)

(i) Legal Practitioners (Amendment) Bill 1999
(LC Paper No. LS 219/98-99)

18. The Chairman introduced the paper and said that the object of the Bill was to make miscellaneous amendments to the Legal Practitioners Ordinance. He further said that both the Hong Kong Bar Association and The Law Society of Hong Kong had raised objections to certain provisions in the Bill. He added that Miss Margaret NG who was not present at the meeting had requested in writing that a Bills Committee should be formed. The following members agreed to join : Mr Albert HO Chun-yan, Mr Eric LI Ka-cheung, Miss Margaret NG (as advised by Miss NG in writing), Dr LEONG Che-hung, Mr Jasper TSANG Yok-sing and Mrs Miriam LAU Kin-yee.

(ii) Adaptation of Laws (No. 17) Bill 1999
(LC Paper No. LS 216/98-99)

19. The Legal Adviser said that the Bill dealt with the adaptation of ten ordinances relating mainly to the registration of certain professions. He added that the Legal Service Division was seeking clarifications from the Administration regarding the proposed adaptation of the Hong Kong Red Cross Ordinance to reflect the change of the affiliation of the Hong Kong Red Cross from the British Red Cross Society to the Red Cross Society of China and other matters, and a further report would be issued.

20. The Chairman suggested that a decision on the Bill be deferred pending the Legal Service Division's further report. Members agreed.

(iii) Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Bill 1999
(LC Paper No. LS 215/98-99)

21. The Legal Adviser introduced the paper and said that the Bill sought to provide the power for authorised Police and ICAC officers to take body samples from suspects to conduct forensic analysis and also to provide the power for authorised Police and Customs and Excise officers to take urine samples from suspects to conduct analysis for investigation of drug-related offences. The Legal Adviser further said that the Bill merited detailed scrutiny by a Bills Committee as the Bill represented a significant legislative initiative in the collection of evidence for law enforcement purposes.

22. Miss Emily LAU suggested that a Bills Committee should be formed. The following members agreed to join : Mr Albert HO Chun-yan, Mrs Selina CHOW LIANG Shuk-yee (as advised by Mrs Miriam LAU Kin-yee), Mr James TO Kun-sun, Mr Gary CHENG Kai-nam and Miss Emily LAU Wai-hing.

(iv) Prevention of Child Pornography Bill
(LC Paper No. LS 221/98-99)

23. The Legal Adviser said that the object of the Bill was to prohibit child pornography. He added that members might wish to form a Bills Committee to study the Bill in detail, given that the Bill affected not only the freedom of artistic and literary production but also the individual citizen's freedom of access to information.

24. Miss Emily LAU suggested that a Bills Committee be formed. The following members agreed to join : Ms Cyd HO Sau-lan, Mr Eric LI Ka-cheung, Mr LEE Kai-ming, Mrs Selina CHOW LIANG Shuk-yee (as advised by Mrs Miriam LAU Kin-yee), Mr James TO Kun-sun, Mr Gary CHENG Kai-nam, Mr SIN Chung-kai, Mr Jasper TSANG Yok-sing, Miss Emily LAU Wai-hing and Mr Andrew CHENG Kar-foo.

(v) Crimes (Amendment) Bill 1999
(LC Paper No. LS 222/98-99)

25. The Legal Adviser said that the Bill sought to prohibit the advertising of child sex tours and also to provide extra-territorial effect to certain sexual offences committed against children. He added that the Legal Service Division was still scrutinizing the legal and drafting aspects of the Bill.

26. Mr James To suggested that a Bills Committee be formed to study the Bill. The following members agreed to join : Ms Cyd HO Sau-lan, Mr LEE Kai-ming, Mrs Selina CHOW LIANG Shuk-yee (as advised by Mrs Miriam LAU Kin-yee), Mr James TO Kun-sun, Mr Gary CHENG Kai-nam, Mr Jasper TSANG Yok-sing and Mr Andrew CHENG Kar-foo.

27. The Chairman sought members' views as to whether the Prevention of Child Pornography Bill and Crimes (Amendment) Bill 1999 should be studied by one Bills Committee given that both Bills dealt with the problem of sexual exploitation and abuse of children.

28. The Legal Adviser said that there was no direct relationship between the two Bills from the legal point of view, although both Bills were concerned with the policy of protecting children against sexual exploitation and abuse.

29. Mr James TO was of the view that there should be one Bills Committee to study the two Bills as they dealt with the same problem.

30. Miss Emily LAU said that the two Bills should be studied by two separate Bills Committees given that some members were interested in joining only one and not both of the Bills Committees.

31. The Chairman suggested and members agreed that the two Bills would be studied by the respective Bills Committees formed earlier.

(b) Legal Service Division's report on subsidiary legislation tabled in Council on 30 June 1999 (gazetted on 25 June 1999)
(LC Paper No. LS 234/98-99)

32. The Legal Adviser briefly explained the six items of subsidiary legislation gazetted on 25 June 1999.

33. The Chairman drew members' attention to the Statutes of the University of Hong Kong (Amendment) Statutes 1999 which sought to clarify, among other things, that a LegCo Member elected to the University Court would be deemed to have resigned from the Court if he or she ceased to be a LegCo Member.

34. Members raised no queries on the subsidiary legislation detailed in the paper.

35. The Legal Adviser said that the deadline for amendment of the subsidiary legislation would be deemed to be extended to the second Council meeting in the next session, or the third Council meeting if extended by resolution, in accordance with section 34(3) and (4) of the Interpretation of General Clauses Ordinance (Cap. 1).

(c) Motion on "Enhancing the competitiveness of Hong Kong's manufacturing industry" to be moved by Mr Kenneth TING on 7 July 1999
(LC Paper No. CB(3) 1858/98-99)

36. Members noted the amendment to the above motion proposed by Mr SIN Chung-kai.

IV. Business for the Council meeting on 14 July 1999

(a) Questions
(LC Paper No. CB(3)1823/98-99)

37. Members noted the five new questions (one oral and four written) to be raised at the meeting on 14 July 1999.

(b) Bills - First and Second Readings

(i) Adaptation of Laws (No. 20) Bill 1999

(ii) Adaptation of Laws (No. 21) Bill 1999

(iii) Adaptation of Laws (No. 22) Bill 1999

(iv) Adaptation of Laws (No. 23) Bill 1999

(v) Adaptation of Laws (No. 24) Bill 1999

(vi) Adaptation of Laws (No. 25) Bill 1999

(vii) Adaptation of Laws (No. 26) Bill 1999

38. Members noted that the above seven bills would be introduced into the Council on 14 July 1999 and considered by the first House Committee meeting after the summer break.

(c) Bills - resumption of debate on Second Reading, Committee Stage and Third Reading

(i) Road Tunnels (Government) (Amendment) Bill 1999

(ii) Road Traffic (Amendment) Bill 1998

(iii) Occupational Retirement Schemes (Amendment) Bill 1999

(iv) Insurance Companies (Amendment) Bill 1999

(v) Factories and Industrial Undertakings (Amendment) Bill 1999

(vi) Supplementary Appropriation (1998-99) Bill 1999

(vii) Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999

39. The Chairman said that members had agreed at previous House Committee meetings that the Second Reading debates on the above seven bills be resumed.

40. The Chairman drew members' attention to the CSAs, tabled at the meeting, to be moved by the Administration to the Road Traffic (Amendment) Bill 1998.

41. Mrs Miriam LAU said that the Bills Committee on the Road Traffic (Amendment) Bill 1998 had already reported to the House Committee at the meeting on 12 March 1999. She explained that the Administration had to move CSAs to clauses 1(3) and 11(b) because of the resumption of Second Reading debate on the Bill was later than originally anticipated. She added that the CSA to clause 4(i) to be moved by the Administration had the support of the Bills Committee.

(d) Government motions

(i) Two resolutions under section 7 of the Factories and Industrial Undertakings Ordinance (Cap. 59) - to be moved by the Secretary for Education and Manpower
(LC Paper No. LS 229/98-99; LC Paper No. CB(3) 1849/98-99)

LC paper No. LS 229/98-99

42. The Legal Adviser introduced the paper and said that the purpose of the resolution was to seek the Council's approval for the Factories and Industrial Undertakings (Medical Examinations) Regulation and four other items of related subsidiary legislation, namely: the Factories and Industrial Undertakings (Amendment) Regulation 1999; the Factories and Industrial Undertakings (Work in Compressed Air) (Amendment) Regulation 1999; the Factories and Industrial Undertakings (Carcinogenic Substances) (Amendment) Regulation 1999; and the Factories and Industrial Undertakings (Asbestos) (Amendment) Regulation 1999. The Legal Adviser added that the five items of subsidiary legislation dealt with the requirement for medical examinations for workers exposed to hazardous substances and other dangers at work, and that the Legal Service Division was still studying the subsidiary legislation from the drafting point of view.

43. Mr LEE Kai-ming was of the view that a subcommittee should be formed to study the resolution as some deputations had expressed views on the proposed regulations.

44. The Chairman suggested that the resolution should be studied by the Subcommittee on regulations relating to occupational safety and health. He further suggested that membership of the subcommittee be re-opened. Members agreed.

LC Paper No. CB(3) 1849/98-99

45. The Legal Adviser said that the purpose of the resolution was to seek the Council's approval for the Factories and Industrial Undertakings (Loadshifting Machinery) Regulation made under section 7 of the Factories and Industrial Undertakings Ordinance which sought to ensure that loadshifting machines were operated by competent persons. The Legal Adviser added that as the notice of the motion given by the SEM was only received in the morning on Wednesday, 30 June 1999, the Legal Service Division was not able to prepare a report in time for members' consideration at the meeting.

46. Mr LEE Kai-ming said that as the Panel on Manpower had not been consulted on the proposals set out in the Regulation, a subcommittee should be formed to study the Regulation. Mrs Miriam LAU concurred with Mr LEE.

47. The Chairman sought members' views on whether the Subcommittee on regulations relating to occupational safety and health should study the Regulation together with the five items of subsidiary legislation covered in LC Paper No. LS 229/98-99.

48. Mr James TIEN was of the view that a new subcommittee should be formed. Mr CHAN Kam-lam echoed Mr TIEN's view and added that the Regulation dealt with a very different aspect of occupational safety.

49. The Chairman proposed that a new subcommittee be formed to study the Regulation relating to loadshifting machinery while the Subcommittee on regulations relating to occupational safety and health should study the five Regulations covered in LC Paper No. LS 229/98-99. Members agreed.

50. The Chairman invited members to join the new subcommittee. The following members agreed to join: Mr HO Sai-chu, Mr LEE kai-ming, Mr Ronald ARCULLI (as advised by Mr James TIEN), Mr CHAN Wing-chan and Mrs Miriam LAU Kin-yee.

(ii) Resolution under section 4(2) of the Dutiable Commodities Ordinance (Cap. 109) - to be moved by the Secretary for the Treasury
(LC Paper No. LS 235/98-99)

51. The Legal Adviser introduced the paper and said that the resolution sought the Council's approval to amend Schedule 1 of the Dutiable Commodities Ordinance to exempt from duty certain quantities of alcoholic liquor and tobacco which were sold to arrival passengers at entry points in Hong Kong. He added that the legal and drafting aspects of the resolution were in order.

52. The Legal Adviser said that the Legal Service Division had informed the Administration that the Government Notice made under section 34A of the Dutiable Commodities Ordinance and pursuant to regulation 12(1)(e) of the Dutiable Commodities Regulations should have been laid on the table of the Council in accordance with section 34(1) of the Interpretation and General Clauses Ordinance. He added that the fact that the Notice had not been tabled would not affect the scrutiny and passage of the resolution.

53. Members did not raise any query on the resolution.

(iii) Resolution under section 59A of the Immigration Ordinance (Cap.115) - to be moved by the Secretary for Security

54. The Chairman said that the Secretary for Security had given notice to move the above resolution at the Council meeting on 14 July 1999. He added that the Chairman of the subcommittee formed to study the resolution would make a verbal report under agenda item V(e).

(iv) Resolution under section 29 of the Pharmacy and Poisons Ordinance (Cap. 138) - to be moved by the Secretary for Health and Welfare
(LC Paper No. LS 240/98-99)

55. The Legal Adviser referred to the paper tabled at the meeting and said that the purpose of the resolution was to seek the Council's approval of the Pharmacy and Poisons (Amendment) Regulation 1999 and the Poisons List (Amendment) Regulation 1999 made by the Pharmacy and Poisons Board under section 29 of the Pharmacy and Poisons Ordinance. The two sets of amendment regulations sought to amend the Poisons List in the Poisons List Regulations and the various Schedules to the Pharmacy and Poisons Regulations, in order to impose control on new medicines and update the control on some existing medicines. The Legal Adviser added that the two Amendment Regulations were in order from the legal point of view.

56. The Chairman said that the Secretary for Health and Welfare (SHW) had failed to meet the 12 clear days' requirement in giving notice for the resolution. The Chairman added that the President had agreed to waive the notice requirement in view of SHW's explanation that there was urgency for introducing the resolution for the purpose of public health protection.

57. Members raised no query on the resolution.

V. Reports

(a) Position report on Bills Committees/subcommittees
(LC Paper No. CB(2)2419/98-99)

58. The Chairman said that there were 13 Bills Committees and five subcommittees in action, including the subcommittee to study the resolution under section 7 of the Factories and Industrial Undertakings Ordinance (Cap. 59) relating to the Factories and Industrial Undertakings (Loadshifting Machinery) Regulation formed earlier at the meeting. The Chairman further said that as there were two vacant slots, the Bills Committees formed to study the Adaptation of Laws (No. 10) Bill 1999 and the Trade Marks Bill would be activated.

59. The Chairman added that with the formation of four Bills Committees under agenda item III(a), there were seven Bills Committees on the waiting list.

(b) Report of the Bills Committee on Legislative Council (Amendment) Bill 1999
(LC Paper No. CB(2) 2418/98-99)

60. Members noted the paper detailing the main deliberations of the Bills Committee and its recommendation for the Second Reading debate on the Bill to resume on 14 July 1999.

(c) Report of the Bills Committee on Chinese Medicine Bill (CSAs to be moved by the Secretary for Health and Welfare tabled at the meeting)

61. Mr HO Sai-chu, on behalf of Prof NG Ching-fai, Chairman of the Bill Committee, reported that the Bills Committee had received submissions from 41 organizations and individuals, met 21 deputations, and held a total of 21 meetings. He added that the CSAs tabled at the meeting were proposed by the Administration in response to the Bills Committee's request. As regards CSAs to be moved by Members, Mr HO pointed out that as there was no consensus view on whether the membership of the Chinese Medicine Council should have a representative from the Hospital Authority (HA), the House Committee Chairman might move a CSA in this regard.

62. Mr HO added that the Bills Committee recommended that the Second Reading debate on the Bill be resumed on 14 July 1999. He reminded members that the deadline for giving notice of CSAs to the Bill was 5 July 1999.

63. Miss Emily LAU noted that the Bills Committee had held meetings on Saturday afternoons and on a public holiday. She hoped that such an arrangement would not become a common practice as Secretariat staff needed to take a break from work.

64. The Chairman concurred with Miss LAU. He explained that it was necessary to hold meetings outside normal office hours because the Bills Committee aimed to complete its scrutiny work in time for the Bill to resume Second Reading debate on 14 July 1999.

(d) Report of the Parliamentary Liaison Subcommittee
(LC Paper No. CB(3) 1728/98-99)

65. Members noted the work of the Subcommittee during the current legislative session as detailed in the paper.

(e) Report of the Subcommittee on resolution under the Immigration Ordinance

66. Mr Ambrose LAU, Chairman of the Subcommittee, said that at the Subcommittee's first meeting on 30 June 1999, the Administration had agreed to provide, as soon as possible, further information on the legal basis for the proposed amendments and the Certificate of Entitlement application procedures, as well as on the queries raised by the Legal Service Division. Mr LAU added that two more meetings had been scheduled for 3 and 6 July 1999 to continue discussion with the Administration. He reminded members that the deadline for giving notice of amendment to the resolution was 7 July 1999.

67. In reply to Miss Emily LAU's enquiry as to whether the Subcommittee would invite the public to give views on the resolution, Mr LAU said that no such arrangement had been made at this stage.

68. Miss HO Sau-lan said that Miss Margaret NG did mention at the Subcommittee's meeting on 30 June 1999 that public views on the resolution should be sought. Mr Ambrose LAU replied that no such request had been made by Miss NG or any other member at the meeting on 30 June 1999. Miss Emily LAU said that she would raise this issue at the meeting to be held on the following day.

VI. Any other business

(a) Chief Executive's Commendation

69. The Chairman said that Assistant Secretary General 1, Ms Pauline NG, had just been awarded the Chief Executive's Commendation for Public Service. The Chairman congratulated Assistant Secretary General 1 on Members' behalf.

(b) Proposal to provide a resting area inside the LegCo Building for Members' chauffeurs

70. Mr Gary CHENG said that he had received a letter from a group of 15 chauffeurs who worked for Members requesting that a resting area be provided inside the LegCo Building.

71. The Chairman suggested to refer the matter to The Legislative Council Commission for consideration. Members agreed.

(c) Vice-President HU Jintao's visit to HKSAR

(Mr LEE Wing-tat's note of 30 June 1999 and a newspaper clipping listing the names of the people invited to attend the reception for Vice-President HU Jintao tabled at the meeting)

72. Mr LEE Wing-tat said that apart from the President, the Chairman of the House Committee and other LegCo Members were not invited to attend the reception organized for Vice-President HU Jintao on 29 June 1999. Mr LEE further said that before reunification, LegCo Members had the opportunity to meet with British Government leaders during their visits to Hong Kong to exchange views on matters of mutual interests. However, similar meetings had never been arranged between visiting national leaders and LegCo Members after reunification. Mr James TO shared Mr LEE's views.

73. The Chairman said that more communication between LegCo Members and the Central Government would be beneficial to both sides.

74. Miss Emily LAU remarked that it was quite odd that the chairmen of the appointed Provisional District Boards were invited to the reception on 29 June 1999, but not LegCo Members who were all elected representatives of the people.

75. The Chairman suggested that the Administration should be requested to convey members' views to the Central Government. The Administration should also be asked to provide the criteria adopted in drawing up the guest lists of functions organized for visiting national leaders.

76. Mr LEE Wing-tat said that if visits of national leaders were known in advance, the House Committee could invite them to meet Members.

77. Mr Michael HO suggested that members' views should be conveyed to the State Council of the Central People's Government direct, rather than through the Administration.

78. Miss Emily LAU expressed support for writing to both the Administration and the State Council.

79. Mr James TIEN said that it would be more appropriate to ask the Administration to convey to the Central Government members' wish to meet national leaders during their visits to Hong Kong. He added that although LegCo Members were invited to the Flag Raising Ceremony and Ceremony for the Unveiling of the Monument in Commemoration of the Return of Hong Kong to China on 1 July 1999, many Members did not turn up.

80. The Chairman proposed that he should write to the State Council and the Administration separately to convey members' wish of meeting the national leaders during their visits to Hong Kong to exchange views on matters of mutual concern. He would also request the Administration to explain the criteria adopted by the Government in deciding who to invite to the official functions arranged for visiting national leaders. Members expressed support.

81. The meeting ended at 6:25 pm.


Legislative Council Secretariat
7 July 1999