Ref : CB2/H/5

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, JP
Hon Albert HO Chun-yan
Hon Michael HO Mun-ka
Dr Hon Raymond HO Chung-tai, JP
Hon LEE Wing-tat
Hon LEE Cheuk-yan
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 Margaret NG
Hon Mrs Selina CHOW LIANG Shuk-yee, JP
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
Hon CHAN Kwok-keung
Hon CHAN Yuen-han
Hon Bernard CHAN
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon LEUNG Yiu-chung
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 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 Timothy FOK Tsun-ting, JP
Hon LAW Chi-kwong, JP
Hon TAM Yiu-chung, JP
Hon FUNG Chi-kin

Members absent:

Dr Hon David LI Kwok-po, JP
Hon Ronald ARCULLI, JP
Hon LAU Wong-fat, GBS, JP
Dr Hon TANG Siu-tong, JP

Clerk in attendance:

Mrs Justina LAM

Clerk to the House Committee

Staff in attendance:

Mr Ricky C C FUNG,

JP Secretary General

Mr LAW Kam-sang,

JP Deputy Secretary General

Mr Jimmy MA, JP

Legal Adviser

Mr LAW Wing-lok

Chief Assistant Secretary (2)5

Miss Mary SO

Senior Assistant Secretary (2)8

I. The way forward on the following up of the issue of the right of abode in the Hong Kong Special Administrative Region of 1.675 million people in the Mainland
(Verbatim record of discussion on this item was issued to Members vide LC Paper No. CB(2) 2303/98-99 dated 15 June 1999)

II. Any other business

1 The Secretary General advised members that the President had decided to waive the notice of the motion on the Chief Executive's decision to seek an interpretation of Articles 22(4) and 24(2)(3) of the Basic Law to be moved by the Secretary for Security (S for S) at the Council meeting on 19 May 1999. He added that the President had also decided to waive the notice of amendments to the motion, provided that such amendments reached the Secretariat no later than 8:00 am on 19 May 1999.

2. Mr James TO expressed regret that the President had not followed the usual practice of first consulting the House Committee before deciding to waive the notice requirement for the motion.

3. The Chairman said that the President had the power to exercise her discretion to waive the notice requirement as she deemed fit. The Chairman further said that if Members had any queries on the President's decision, they could approach the President for clarification.

4. Mr LEE Wing-tat said that the President should be requested to give an explanation on her decision to waive the notice of S for S's motion.

5. Mr James TO, Miss Emily LAU, Mrs Selina CHOW and Mr Albert HO suggested that the deadline for giving notice of amendment to the motion should be extended so as to allow Members a few more hours to consider whether or not to propose amendment to the motion. Members expressed support for the suggestion.

6. The Secretary General explained that the reason for fixing the deadline for giving notice of amendment at 8:00 am on 19 May 1999 was to allow time for the President to consider any proposed amendments and for such amendments to be issued to Members prior to the commencement of the Council meeting at 2:30 pm on the same day. The Secretary General undertook to convey members' suggestion to the President for consideration.

7. Mr LEUNG Yiu-chung asked whether the President had set any deadline for giving notice of amendment to an amendment to the motion. The Secretary General replied in the negative.

8. In reply to Mr Fred LI's enquiry about the speaking time for the motion, Deputy Secretary General said that a Member should not make a speech lasting more than 15 minutes as stipulated in Rule 36(5) of the Rules of Procedure.

9. Mr SZETO Wah said that other than S for S's motion, two Members' motions, including his motion on "The 4 June incident", had been scheduled to be debated at the Council meeting on 19 May 1999. He added that as Mr Albert HO indicated that he would withdraw his motion on "Interpretation of the Basic Law" scheduled to be debated on 26 May 1999, he proposed that the debate on his motion on "The 4 June incident" be deferred to 26 May 1999 to take up the slot originally alloted to Mr HO.

10. Assistant Secretary General 3 said that the content of the Government motion and Mr HO's motion appeared to cover different areas. However, he pointed out that whether or not Mr HO's motion would be allowed was a matter for the President to decide.

11. Mr LAW Chi-kwong said that although the wording of Mr HO's motion and that of the Government motion were not exactly identical, the spirit and substance of both motions were the same. He was of the view that it would be meaningless for Members to hold two debates on a similar subject at two consecutive Council meetings.

12. Mrs Selina CHOW said that according to past practice, Mr SZETO Wah should not be given any priority in the allocation of a debate slot if he withdrew his motion on his own volition. Mr Howard YOUNG pointed out that no priority was accorded to Mr LAU Kong-wah when he withdrew his motion "Installation of retro-fitting platform screen doors" to make way for the debate on the motion on "Condemning NATO" to take place at the Council meeting on 12 May 1999.

13. Mr TSANG Yok-sing said that under the existing rules, a Member did not have the right to transfer his/her debate slot to another Member.

14. Mr SZETO Wah said that as some members did not support his proposal, he would move his motion "The 4 June incident" for debate at the Council meeting on 19 May 1999, according to the Agenda.

15. Mr LEUNG Yiu-chung asked whether the Council meeting on 19 May 1999 would not end until all items of business on the Agenda had been dealt with. The Chairman said that this was a matter for the President to decide. Miss Emily LAU suggested that the House Committee should make a recommendation in this regard for the President's consideration. Mr CHEUNG Man-kwong and Mr SIN Chung-kai expressed support for Miss LAU's suggestion.

16. Mrs Selina CHOW suggested that if there was still a considerable amount of unfinished business by 10:00 pm on 19 May 1999, the Council should continue to meet on the following day at 2:30 pm. Mr CHAN Kam-lam suggested that the Council meeting on 19 May 1999 should be suspended at a later time, but no later than 12:00 midnight.

17. Mr LAU Kong-wah said that if a substantial amount of business on the Agenda had already been completed around 12:00 midnight on 19 May 1999, the Council meeting should continue until all items of business had been dealt with.

18. The Chairman suggested that a recommendation be made to the President that if there was a substantial amount of unfinished business by around 12:00 midnight on 19 May 1999, the Council should continue to meet on the following day at 2:30 pm. Members agreed.

19. Mr James TO said that some members still had questions they wished to raise with the Administration regarding the motion to be moved by S for S at the Council meeting on 19 May 1999. He suggested that a special House Committee meeting be convened in the morning of 19 May 1999, at 8:30 am. Members agreed.

Legislative Council Secretariat
27 August 1999