Legislative Council
LC Paper No. CB(2) 2307/98-99
Ref : CB2/H/5
House Committee of the Legislative Council
Minutes of the 35th meeting
held in the Legislative Council Chamber
at 4:09 pm on Friday, 11 June 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 Cyd HO Sau-lan
Hon Edward HO Sing-tin, JP
Hon Albert HO Chun-yan
Hon Michael HO Mun-ka
Dr Hon Raymond HO Chung-tai, JP
Hon Martin LEE Chu-ming, SC, JP
Hon Eric LI Ka-cheung, JP
Hon LEE Kai-ming, JP
Hon Fred LI Wah-ming
Dr Hon LUI Ming-wah, JP
Hon NG Leung-sing
Prof Hon NG Ching-fai
Hon Mrs Selina CHOW LIANG Shuk-yee, JP
Hon MA Fung-kwok
Hon James TO Kun-sun
Hon CHEUNG Man-kwong
Hon HUI Cheung-ching
Hon Christine LOH Kung-wai
Hon CHAN Kwok-keung
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon Gary CHENG Kai-nam
Hon SIN Chung-kai
Hon Andrew WONG Wang-fat, JP
Dr Hon Philip WONG Yu-hong
Hon WONG Yung-kan
Hon Jasper TSANG Yok-sing, JP
Hon Howard YOUNG, JP
Hon YEUNG Yiu-chung
Hon LAU Kong-wah
Hon Mrs Miriam LAU Kin-yee, JP
Hon Andrew CHENG Kar-foo
Hon SZETO Wah
Hon Timothy FOK Tsun-ting, JP
Hon FUNG Chi-kin
Dr Hon TANG Siu-tong, JP
Members absent :
Hon HO Sai-chu, JP
Hon LEE Wing-tat
Hon LEE Cheuk-yan
Dr Hon David LI Kwok-po, JP
Hon Margaret NG Ngoi-yee
Hon Ronald ARCULLI, JP
Hon Ambrose CHEUNG Wing-sum, JP
Hon CHAN Yuen-han
Hon Bernard CHAN
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon LEUNG Yiu-chung
Hon LAU Chin-shek, JP
Hon LAU Wong-fat, GBS, JP
Hon Ambrose LAU Hon-chuen, JP
Hon Emily LAU Wai-hing, JP
Hon CHOY So-yuk
Hon LAW Chi-kwong, JP
Hon TAM Yiu-chung, JP
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
- Miss Anita HO
- Assistant Legal Adviser 2
- Miss Connie FUNG
- Assistant Legal Adviser 3
- Mr Stephen LAM
- Assistant Legal Adviser 4
- Mrs Vivian KAM
- Chief Assistant Secretary (Complaints)
- Miss Kathleen LAU
- Chief Public Information Officer
- Ms Estella CHAN
- Chief Assistant Secretary (1)4
- Mrs Betty LEUNG
- Chief Assistant Secretary (3)1
- Miss Mary SO
- Senior Assistant Secretary (2)8
I. Confirmation of the minutes of the 34th meeting held on 4 June 1999
(LC Paper No. CB(2) 2230/98-99)
1 The minutes were confirmed subject to the following amendments -
- the third sentence in paragraph 33 should read "Mr CHAN further suggested that, as an alternative, the House Committee could convey members' views expressed today to Mr LEE Cheuk-yan so that Mr LEE could decide whether he would withdraw his motion.";
- paragraph 58 should read "Mr CHAN Kam-lam said that the Panel on Trade and Industry would discuss the issue of control over trade in strategic commodities on 7 June 1999. Mr CHAN added that non-Panel members were invited to join the meeting to discuss the issue." ;
- the reference to "Mr CHAN Kam-lam," in paragraph 60 should be deleted;
- "Prof NG" in paragraph 62 should read "Prof NG Ching-fai"; and
- the first sentence in paragraph 63 should read " Mr NG Leung-sing said that if members came to a preliminary view on the Cox Report, consideration could be given to requesting the Chinese diplomatic channel in Hong Kong to convey members' response on the Cox Report to the US Government. Mr MA Fung-kwok suggested that the House Committee should send a letter to the US Congress."
II. Matters arising
- Report by the Chairman on his meeting with the Chief Secretary for Administration (CS)
2. The Chairman said that CS had informed him that while visiting the US in the next few days, she would discuss the Cox Report with the relevant authorities.
3. The Chairman further said that he had sought the Administration's view on the priority order for scrutinizing the Bills on the waiting list. The Administration had proposed that the Bills Committees formed to study the Telecommunication (Amendment) Bill 1999 and the Protection of Wages on Insolvency (Amendment) Bill 1999, currently ranked seventh and second on the waiting list, should be given first and second priority respectively. Members agreed.
- Interim report of the Panel on Trade and Industry on the follow-up action to be taken on the Cox Report
4. Mr CHAN Kam-lam, Chairman of the Panel, said that at the Panel meeting held on 7 June 1999, the Trade and Industry Bureau was requested to provide an information paper containing the extracts of the relevant parts of the Cox Report relating to Hong Kong as well as the Government's response to the Cox Report. He added that the Panel would discuss the issue once the information was available. He further said that Members would have the opportunity to give their views on the issue during a motion debate on the Cox Report scheduled to take place soon.
5. The Chairman informed members that Mr LAU Kong-wah would move a motion on the Cox Report at the Council meeting on 23 June 1999.
III. Business arising from previous Council meetings
- Legal Service Division's report on bills referred to the House Committee in accordance with Rule 54(4)
Adaptation of Laws (No. 15) Bill 1999
(LC Paper No. LS 199/98-99)
6. The Legal Adviser introduced the paper which dealt with the adaptation of seven ordinances and items of subsidiary legislation relating to aviation and tourism. He briefly explained the proposed amendments detailed in paragraphs 5 and 6 of the paper and pointed out that the Administration had advised that the relevant provisions relating to the military or national defence would be dealt in the Adaptation of Laws (the Garrison) Bill. He added that the No.15 Bill did not involve policy changes and recommended that resumption of Second Reading debate on the Bill could be supported.
7. Members agreed that the Second Reading debate on the Bill could be resumed.
- Legal Service Division's report on subsidiary legislation tabled in Council on 9 June 1999 (gazetted on 4 June 1999)
(LC Paper No. LS 210/98-99)
8. The Legal Adviser briefly explained the eight items of subsidiary legislation detailed in the paper.
9. The Chairman said that the Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation and the District Councils (Election Petition) Rules would be studied by the Subcommittee on subsidiary legislation relating to District Councils election.
10. Members did not raise any queries on the remaining six items of subsidiary legislation covered in the paper.
11. The Chairman reminded members that the deadline for amending the subsidiary legislation was 7 July 1999 or 14 July 1999, if extended by resolution.
IV. Further report by the Legal Service Division on outstanding bills
Adaptation of Laws Bill 1999
(LC Paper No. LS 127/98-99)
12. The Legal Adviser said that as the Administration had confirmed that the organizations concerned had not raised any objection to the proposals in the Bill, and that the Committee Stage amendments proposed by the Administration to amend the savings provision in the Bill were in line with a similar adaptation in the Adaptation of Laws Bill 1998, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.
13. Members agreed that the Second Reading debate on the Bill could be resumed.
V. Further business for the Council meeting on 16 June 1999
(a) Questions
(LC Paper No. CB(3) 1721/98-99)
14. Members noted that Mr CHAN Kwok-keung had withdrawn his oral question.
(b) Bills - resumption of debate on Second Reading, Committee Stage and Third Reading
Small Claims Tribunal (Amendment) Bill 1999
15. The Chairman said that members agreed at the House Committee meeting on 4 June 1999 that the Second Reading debate on the above Bill be resumed.
(c) Members' motions
(i) Motion on "Privatisation of Government department"
16. Members noted the amendment to the above motion to be moved by Mr LAU Kong-wah.
(ii) Motion on "Facilitating the financial industry"
17. Members noted the amendment to the above motion to be moved by Mr FUNG Chi-kin.
VI. Business for the Council meeting on 23 June 1999
(a) Questions
(LC Paper No. CB(3) 1722/98-99 dated 11 June 1999 tabled at the meeting)
18. Members noted that 20 questions (six oral and 14 written ) had been scheduled.
(b) Bills - First and Second Readings
(i) Customs and Excise Service Children's Education Trust Fund Bill
(ii) Supplementary Appropriation (1998-99) Bill 1999
19. Members noted that the above two Bills would be introduced into the Council on 23 June 1999 and considered by the House Committee on 25 June 1999.
(c) Bills - resumption of debate on Second Reading, Committee Stage and Third Reading
(i) Companies (Amendment) Bill 1999
(ii) Adaptation of Laws (No. 7) Bill 1999
(iii) Adaptation of Laws (No. 14) Bill 1998
(iv) Adaptation of Laws (No. 18) Bill 1998
(v) Adaptation of Laws (No. 14) Bill 1999
20. The Chairman said that members agreed at previous House Committee meetings that the Second Reading debates on the above five Bills be resumed.
(d) Government motion
21. Members noted that no notice had been received.
(e) Members' motions
(i) Motion on "The Cox Report"
22. Members noted the draft wording of the above motion to be moved by Mr LAU Kong-wah.
(ii) Motion on "Enhancing Hong Kong's status as an aviation centre"
23. Members noted the draft wording of the above motion to be moved by Mr FUNG Chi-kin.
24. The Chairman reminded members that the deadline for giving notice of amendments, if any, to the motions was 15 June 1999. The Chairman further said that the speaking time limits adopted in rule 17(c) of the House Rules would apply.
VII. Advance information on business for the Council meeting on 30 June 1999
(a) Questions
(LC Paper No. CB(3) 1727/98-99 dated 11 June 1999 tabled at the meeting)
25. Members noted that 19 questions (five oral and 14 written) had been tentatively scheduled.
(b) Bills - First and Second Readings
(i) Adaptation of Laws (No. 17) Bill 1999
(ii) Statute Law (Miscellaneous Provisions) Bill 1999
(iii) Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Bill 1999
(iv) Legal Practitioners (Amendment) Bill 1999
26. Members noted that the above four Bills would be introduced into the Council on 30 June 1999 and considered by the House Committee on 2 July 1999.
(c) Members' motions
(i) Motion to be moved by Hon Michael HO Mun-ka
27. Members noted that Mr Michael HO had been allocated a debate slot.
(ii) Motion on "Providing major venues for sporting events"
28. Members noted that Mr Timothy FOK had been allocated a debate slot.
29. The Chairman reminded members that the deadlines for giving notice of the motions and notice of amendments, if any, to the motions were 14 June 1999 and 23 June 1999 respectively. The speaking time limits stipulated in rule 17(c) of the House Rules would apply.
VIII. Reports
(a) Position report on Bills Committees/subcommittees
(LC Paper No. CB(2) 2239/98-99)
30. The Chairman said that there were 15 Bills Committees and four subcommittees in action, and eight Bills Committees were on the waiting list. The Chairman added 60 more bills, which were listed in the 1998-99 legislative programme, had yet to be introduced into the Council.
(b) Second report of the Subcommittee on subsidiary legislation relating to District Councils election
(LC Paper No. CB(2) 2244/8-99)
31. Mr Andrew WONG, Chairman of the subcommittee, highlighted the deliberations of the subcommittee as detailed in the paper. He said that as a convention the Legislative Council would not intervene in the delineation of constituencies drawn up by the independent Electoral Affairs Commission. He further said that the subcommittee recommended that the Declaration of Constituencies (District Councils) Order 1999 be supported.
(c) Report of the Subcommittee on Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation and Estate Agents (Determination of Commission Disputes) Regulation
32. Dr Raymond HO, Chairman of the subcommittee, said that he had given notice to extend the scrutiny period of the two Regulations to the Council meeting on 30 June 1999. He added that the subcommittee would hold two more meetings, and a report would be made to the next House Committee meeting on 25 June 1999. He further advised members that the deadline for giving notice of motion to amend the subsidiary legislation was 23 June 1999.
33. There being no other business, the meeting ended at 4:33 pm.
Legislative Council Secretariat
23 June 1999
