House Committee (Minutes) 24 Sept 99

LC Paper No. CB(2) 2902/98-99

Ref : CB2/H/5

House Committee of the Legislative Council

Minutes of the 39th meeting
held in the Legislative Council Chamber
at 2:30 pm on Friday, 24 September 1999

Members present :

Dr Hon LEONG Che-hung, JP (Chairman)
Dr Hon YEUNG Sum (Deputy Chairman)
Hon James TIEN Pei-chun, JP
Hon David CHU Yu-lin
Hon HO Sai-chu, SBS, JP
Hon Cyd HO Sau-lan
Hon Albert HO Chun-yan
Hon Michael HO Mun-ka
Ir 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, SBS, JP
Hon Fred LI Wah-ming, JP
Dr Hon LUI Ming-wah, JP
Hon NG Leung-sing
Hon Margaret NG
Hon Mrs Selina CHOW LIANG Shuk-yee, JP
Hon Ronald ARCULLI, 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 Yuen-han
Hon Bernard CHAN
Hon CHAN Kam-lam
Hon LEUNG Yiu-chung
Hon Gary CHENG Kai-nam, JP
Hon Andrew WONG Wang-fat, JP
Dr Hon Philip WONG Yu-hong
Hon WONG Yung-kan
Hon Jasper TSANG Yok-sing, JP
Hon YEUNG Yiu-chung
Hon LAU Kong-wah
Hon LAU Wong-fat, GBS, JP
Hon Ambrose LAU Hon-chuen, JP
Hon Emily LAU Wai-hing, JP
Hon Andrew CHENG Kar-foo
Hon SZETO Wah
Hon Timothy FOK Tsun-ting, SBS, JP
Hon TAM Yiu-chung, GBS, JP
Hon FUNG Chi-kin
Dr Hon TANG Siu-tong, JP

Members absent :

Hon Kenneth TING Woo-shou, JP
Hon Edward HO Sing-tin, SBS, JP
Dr Hon David LI Kwok-po, JP
Prof Hon NG Ching-fai
Hon Ambrose CHEUNG Wing-sum, JP
Hon CHAN Wing-chan
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon SIN Chung-kai
Hon Howard YOUNG, JP
Hon LAU Chin-shek, JP
Hon Mrs Miriam LAU Kin-yee, JP
Hon CHOY So-yuk
Hon LAW Chi-kwong, 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
Ms Bernice WONG: Assistant Legal Adviser 1
Miss Anita HO: Assistant Legal Adviser 2
Miss Connie FUNG: Assistant Legal Adviser 3
Mr Stephen LAM: Assistant Legal Adviser 4
Mr Arthur CHEUNG: Assistant Legal Adviser 5
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
Mr Andy LAU: Senior Assistant Secretary (1)6
Miss Mary SO: Senior Assistant Secretary (2)8

I. Confirmation of minutes of meetings

(a) 38th meeting held on 9 July 1999
(LC Paper No. CB(2) 2695/98-99)

(b) Special meetings held on 6, 8, 10, 17 and 18 May 1999
(LC Papers Nos. CB(2) 2721, 2722 & 2723/98-99)
(LC Papers Nos. CB(2) 2816 & 2817/98-99)

1. The minutes of the 38th meeting held on 9 July 1999, together with the five sets of minutes of the special meetings held to discuss the right of abode issue on 6 & 8 May 1999, 10 May 1999 (second part of the meeting), 17 May 1999 and 18 May 1999 (second part of the meeting) were confirmed.

[The verbatim transcripts of the special meetings held on 10 May 1999 (first part of the meeting), 11, 13, 14 & 15 May 1999, 18 May 1999 (first part of the meeting), 19 May 1999 and 28 June 1999 had been confirmed and issued to members in June and July 1999.]

II. Matters arising

(a) Priority of bills on waiting list
(Letter dated 28 July 1999 from the Director of Administration issued vide LC Paper No. CB(2) 2668/98-99 dated 6 August 1999)

2. Referring to the letter, the Chairman said that the Administration had suggested that priority be given to the following bills -

the Municipal Council-related bills, namely the Hong Kong Arts Development Council (Amendment) Bill 1999 and Hong Kong Sports Development Board (Amendment) Bill 1999;
the Electronic Transactions Bill, if a Bills Committee was to be formed; and
the Arbitration (Amendment) Bill 1999.

3. Members agreed to the Administration's suggested priority.

4. The Chairman said that he had informed the Chief Secretary for Administration (CS) of the query raised at the meeting on 9 July 1999 by Miss Emily LAU as to how the Administration was in a position to say that the arts and sports communities generally accepted the proposals in the two Municipal Council-related bills, when there were obviously diverse and dissenting views. CS's response was that the information provided was accurate at the time the relevant LegCo Brief was issued, and it was after that when there were dissenting views. Miss Emily LAU asked the Chairman to remind the Administration that the public should be consulted when drafting new legislative proposals, especially those of a controversial nature.

(b) Visits of Leaders of Central People's Government
(The Chairman's letter dated 8 July 1999 to the Chief Executive and the reply dated 16 July 1999 from the Chief Executive's Office issued vide LC Paper No. CB(2) 2603/98-66 dated 20 July 1999)

5. The Chairman invited members' views on whether further action should be taken in the light of the reply from the Chief Executive's Office.

6. Miss Emily LAU said that the House Committee's request as set out in the Chairman's letter was that arrangement should be made for Members to meet with the leaders of the Central Government who visited Hong Kong to discuss issues of public concern. Members were not seeking for invitations to ceremonial or social functions organized for the visiting leaders. She suggested that the Chairman should write another letter to the Chief Executive. Mr LEE Wing-tat echoed Miss LAU's view.

7. Mr Ronald ARCULLI suggested that the President be invited to consider sending a follow-up letter to the Chairman's earlier letter to the Central Government.

8. The Chairman suggested that as the matter concerned the relationship between the Executive and Legislature, Members could express their views during the debate on the Motion of Thanks which would take place on 20 and 21 October 1999.

9. Miss Emily LAU suggested that if the visit of a national leader was known in advance, the Chairman should ask for a meeting with the national leader on Members' behalf.

10. Members agreed to the courses of action proposed in paragraphs 7-9 above.

III. Business arising from previous Council meetings

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

(i) Adaptation of Laws (No. 27) Bill 1999
(LC Paper No. LS 253/98-99)

11. Introducing the paper, the Chairman said that the Bill dealt with the adaptation of the Private Bills Ordinance, Legislative Council (Powers and Privileges) Ordinance and its subsidiary legislation, and The Legislative Council Commission Ordinance. He added that the Legal Service Division was seeking clarification from the Administration on certain technical points and suggested that a decision on the Bill be deferred pending a further report from the Legal Service Division. Members agreed.

(ii) Adaptation of Laws (No. 21) Bill 1999
(LC Paper No. LS 278/98-99)

(iii) Adaptation of Laws (No. 20) Bill 1999
(LC Paper No. LS 231/98-99)

12. The Chairman said that the two Bills dealt with the adaptation of 15 ordinances and subsidiary legislation relating to public transport and financial affairs. The proposed amendments were essentially of a technical nature, and the legal and drafting aspects of the two Bills were in order.

13. Members raised no objection to the resumption of the Second Reading debates on the two Bills.

(iv) Adaptation of Laws (No. 32) Bill 1999
(LC Paper No. LS 255/98-99)

(v) Adaptation of Laws (No. 33) Bill 1999
(LC Paper No. LS 248/98-99)

14. The Chairman explained that the two Bills dealt with the adaptation of 32 ordinances and subsidiary legislation relating to schools and education as well as employment matters. He said that some of the proposed amendments in the two Bills involved issues relating to the adaptation of "Crown" to "State" similar to those to be studied by the Bills Committee formed to study the Adaptation of Laws (No. 16) Bill 1999. He added that the Legal Service Division was seeking clarification from the Administration on certain points relating to the English Schools Foundation Ordinance in the Adaptation of Laws (No. 32) Bill 1999.

15. The Chairman suggested and members agreed that a decision on the two Bills be deferred pending the Legal Service Division's further reports.

(vi) Electronic Transactions Bill
(LC Paper No. LS 277/98-99)

16. The Chairman said that the Bill sought to provide a statutory framework for the conduct of electronic transactions. He suggested that as the Bill was an important measure to promote the development of electronic commerce in Hong Kong, it merited detailed scrutiny by a Bills Committee.

17. The Legal Adviser added that some members of the Panel on Information Technology and Broadcasting had raised concerns on various matters when the Administration briefed the Panel on the details of the Bill in January this year. The Law Society of Hong Kong had also raised queries on certain technical aspects of the Bill.

18. Mr Albert HO suggested that a Bills Committee should be formed. Members agreed. The following members agreed to join : Mr Albert HO Chun-yan, Mr Ronald ARCULLI, Mr SIN Chung-kai (as advised by Mr LEE Wing-tat) and Mr Jasper TSANG Yok-sing.

(vii) Adaptation of Laws (No. 25) Bill 1999
(LC Paper No. LS 245/98-99)

(viii) Adaptation of Laws (No. 26) Bill 1999
(LC Paper No. LS 247/98-99)

(ix) Adaptation of Laws (No. 28) Bill 1999
(LC Paper No. LS 259/98-99)

(x) Adaptation of Laws (No. 31) Bill 1999
(LC Paper No. LS 269/98-99)

19. The Chairman said that the four Bills dealt with the adaptation of a number of ordinances and subsidiary legislation relating respectively to public finance and banking; pension and related legislation; animals and plants; and shipping and marine matters. He added that the amendments were of a technical nature, and that the legal and drafting aspects of the Bills were in order.

20. Members did not raise objection to the resumption of the Second Reading debates on the four Bills.

(xi) Adaptation of Laws (No. 34) Bill 1999
(LC Paper No. LS 268/98-99)

21. The Chairman introduced the paper and said that the Bill dealt with the adaptation of 12 ordinances mainly in relation to public utilities, marine, agriculture and certain private bodies. The Legal Adviser pointed out that some of the proposed amendments involved issues relating to the adaptation of "Crown" to "State" similar to those being studied by the Bills Committee on Adaptation of Laws (No. 9) Bill 1999.

22. The Chairman suggested and members agreed that a decision on the Bill be deferred pending the completion of work by the Bills Committee on Adaptation of Laws (No. 9) Bill 1999.

(xii) Adaptation of Laws (No. 22) Bill 1999
(LC Paper No. LS 244/98-99)

(xiii) Adaptation of Laws (No. 29) Bill 1999
(LC Paper No. LS 246/98-99)

23. The Chairman said that the two Bills dealt with the adaptation of 33 ordinances relating to matters for which the Security Bureau was responsible as well as matters concerning various disciplined services. He suggested that a decision on the Bills be deferred pending the Administration's reply to the queries raised by the Legal Service Division on certain drafting aspects of the two Bills. Members agreed.

(xiv) Adaptation of Laws (No. 23) Bill 1999
(LC Paper No. LS 251/98-99)

(xv) Adaptation of Laws (No. 24) Bill 1999
(LC Paper No. LS 252/98-99)

24. The Chairman said that the two Bills dealt with the adaptation of 12 ordinances and subsidiary legislation relating to family, matrimonial and anti-discrimination laws as well as laws of wills and succession. He added that the proposed amendments were technical in nature, and that the legal and drafting aspects of the two Bills were in order.

25. Members did not raise objection to the resumption of the Second Reading debates on the two Bills.

(xvi) Adaptation of Laws (No. 30) Bill 1999
(LC Paper No. LS 254/98-99)

26. The Chairman introduced the paper and said that the Bill dealt with the adaptation of 24 ordinances relating to statutory bodies and trust funds. He added that the Legal Service Division was seeking clarification from the Administration on certain technical points and suggested that a decision on the Bill be deferred pending a further report from the Legal Service Division. Members agreed.

(b) Legal Service Division reports on subsidiary legislation gazetted on 9 July 1999 (tabled in Council on 14 July 1999) and subsidiary legislation gazetted between 16 July and 17 September 1999 (to be tabled in Council on 6 October 1999)
(LC Papers Nos. LS 281, 243, 249, 257, 258, 263, 264, 266, 270, 279 and 282/98-99)

27. The Chairman said that a total of 39 items of subsidiary legislation were gazetted between 9 July 1999 and 17 September 1999, three of which might require detailed study from the policy point of view. Referring members to LC Paper No. LS 281/98-99, the Legal Adviser informed members that the three items of subsidiary legislation in question were the Post Office (Amendment) Regulation 1999, the Telecommunication (Amendment) (No.2) Regulation 1999, and the Solicitors (Professional Indemnity) (Amendment) Rules 1999.

28. The Legal Adviser said that at the request of a Member, the Legal Service Division had sought clarification from the Law Society of Hong Kong on the Solicitors (Professional Indemnity) (Amendment) Rules 1999. The reply from the Law Society of Hong Kong was detailed in the Legal Service Division's further report issued under LC Paper No. LS 282/98-99. The Legal Adviser added that the Amendment Rules had taken effect on 20 August 1999.

29. Mr LEE Wing-tat asked why the Solicitors (Professional Indemnity) (Amendment) Rules 1999 had already been brought into effect. The Legal Adviser explained that under section 28 of Cap. 1, an item of subsidiary legislation would come into operation on a day the subsidiary legislation was published in the gazette unless provision was made for the subsidiary legislation to commence on a day to be appointed by the competent authority by notice in the gazette. The Legal Adviser added that if the subsidiary legislation was amended by a resolution passed by the Council, the subsidiary legislation would be deemed to be amended as from the date of publication in the gazette of such resolution.

30. The Legal Adviser informed members that the scrutiny period of the 10 items of subsidiary legislation (LC Paper No. LS 243/98-99 refers) tabled at the Council meeting of 14 July 1999 would expire on 13 October 1999, unless extension was sought by resolution of the Council to 20 October 1999 under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1). The scrutiny period of the other 29 items of subsidiary legislation, which would be tabled at the Council meeting on 6 October 1999, would expire on 3 November 1999 or 10 November 1999 if extended by resolution.

31. Members agreed that a subcommittee should be formed to study the three items of subsidiary legislation referred to in paragraph 27 above. The following members agreed to join the subcommittee : Mr Fred LI Wah-ming (as advised by Mr LEE Wing-tat), Mrs Selina CHOW, Mr Ronald ARCULLI, Mr James TO Kun-sun (as advised by Mr LEE Wing-tat) and Mr SIN Chung-kai (as advised by Mr LEE Wing-tat).

32. Members raised no queries on the other 36 items of subsidiary legislation gazetted between 9 July 1999 and 17 September 1999.

IV. Further report by the Legal Service Division on outstanding bills

(a) Adaptation of Laws (No. 5) Bill 1998
(LC Paper No. LS 283/98-99)

33. The Legal Adviser said that the Administration had proposed Committee Stage amendments (CSAs) relating to Schedules 1 and 4 to the Bill in line with similar amendments agreed to by other Bills Committees on adaptation of laws bills. The Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

34. Members did not raise objection to the resumption of the Second Reading debate on the Bill.

(b) Adaptation of Laws (No. 9) Bill 1998
(LC Paper No. LS 272/98-99)

35. The Legal Adviser said that with the Administration's proposed CSAs to replace "the Central People's Government" with "the Central Authorities" in the saving provisions in the ordinances concerned, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

36. Members did not raise objection to the resumption of the Second Reading debate on the Bill.

(c) Customs and Excise Service Children's Education Trust Fund Bill
(LC Paper No. LS 276/98-99)

37. The Legal Adviser said that in response to a query raised by a Member at the meeting on 9 July 1999, the Administration had clarified that the establishment of the Customs and Excise Service Children's Education Trust Fund was proposed after the Customs and Excise Service had received a donation in October 1997. The Legal Adviser added that as the Administration would move CSAs to improve the drafting aspects of the Bill, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

38. Members did not raise objection to the resumption of the Second Reading debate on the Bill.

(d) Adaptation of Laws (No. 17) Bill 1999
(LC Paper No. LS 275/98-99)

39. The Legal Adviser said that with the Administration's clarifications on the change of affiliation of the Hong Kong Red Cross from the British Red Cross Society to the Red Cross Society of China as explained in paragraph 3 of the paper, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

40. Members did not raise objection to the resumption of the Second Reading debate on the Bill.

V. Business for the Council meetings on 6 and 7 October 1999

(a) The Chief Executive's Policy Address - 6 October 1999

41. The Chairman said that the Council meeting on 6 October 1999 would be devoted to the Chief Executive's Policy Address and no other business would be scheduled for the meeting on that day.

(b) The Chief Executive's Question and Answer Session - 7 October 1999

42. The Chairman informed members that the Chief Executive would attend the Council meeting on 7 October 1999 from 3:00 pm to 4:30 pm to answer Members' questions on the Policy Address.

VI. Business for the Council meeting on 13 October 1999

(a) Questions

43. Members noted that 20 questions (six oral and 14 written) had been tentatively scheduled.

(b) Bills - First and Second Readings

(i) Legal Aid (Amendment) Bill 1999

(ii) Mass Transit Railway Bill

(iii) Stamp Duty (Amendment) Bill 1999

44. Members noted that the above three Bills would be introduced into the Council on 13 October 1999 and considered by the House Committee on 15 October 1999.

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

45. Members noted that no notice had been received.

(d) Government motions

46. Members noted that no notice had been received.

(e) Members' motions

(i) Motion on "Protecting the environment"

47. Members noted that Mr LAW Chi-kwong had been allocated a debate slot.

(ii) Motion on "Referendum on the two Municipal Councils"

48. Members noted that Mr Fred LI Wah-ming had been allocated a debate slot.

49. The Chairman informed members that deadlines for giving notice of the above motions and notice of amendments (if any) to the motions were 27 September 1999 and 6 October 1999 respectively. The speaking time limits stipulated in rule 17(c) of the House Rules would apply.

VII. Reports

(a) Position report on Bills Committees/subcommittees
(LC Paper No. CB(2) 2841/98-99)

50. The Chairman said that there were 15 Bills Committees and seven subcommittees in action, including the subcommittee to study three items of subsidiary legislation gazetted on 9 July 1999 and 20 August 1999 formed earlier at the meeting. The Chairman added that with the formation of a Bills Committee under agenda item III(a)(vi), there were 12 Bills Committees on the waiting list.

(b) Second report on the position of Year 2000 (Y2K) compliance work in Government and non-government organizations which provide essential services
(LC Paper No. CB(1) 1937/98-99)

51. Introducing the paper, Assistant Secretary General 1 (ASG1) informed members that according to the Administration, Y2K rectification work in non-government organizations providing essential services had largely been completed and that 99.9% of Government's mission-critical computer and embedded systems were Y2K compliant. The remaining 0.1% - which included the Computerized Booking System of the Regional Services Department and the Toll Collection system in Tsing Ma Control Area - might have to be managed manually if not rectified before the end of 1999. The Administration had indicated that the Government departments concerned had formulated contingency plans for the systems concerned to ensure that services provided to the public would not be disrupted. ASG1 also drew members' attention to the compliance position of non-Hong Kong based airlines and small and medium-sized enterprises.

52. ASG1 added that as proposed in paragraphs 7 and 8 of the paper, the Panel on Information Technology and Broadcasting would, in the meantime, examine the working of the territory-wide contingency plans and role of the Central Coordinating Centre. The Panel proposed that another round of meetings be conducted by Panels to examine, in particular, the contingency plans of individual departments or essential service providers in coping with emergency situations.

53. Referring to Appendix A of the paper, Miss Emily LAU said that there were several sectors which called for special attention. She pointed out that some countries published the names of airlines which had not completed Y2K rectification work. She suggested that the Airport Authority should provide information as to whether the aircrafts of those non-Y2K compliant airlines would be prohibited from flying to Hong Kong. Miss LAU further said that the Administration should also provide more information about the progress of Y2K compliance work in ferry companies, small and medium-sized enterprises as well as non-government organizations in the welfare services sector.

54. The Chairman suggested that the position of Y2K compliance work in the sectors referred to in paragraph 53 above should be followed up by the relevant Panels. Members agreed.

55. Members endorsed the proposals set out in paragraphs 7 and 8 of the paper.

VIII. Election of Members to The Legislative Council Commission
(LC Paper No. AS 375/98-99)

56. Members endorsed the proposal that the next election of Members to The Legislative Council Commission would be held at the House Committee meeting on 8 October 1999.

IX. Reporting of work by Members elected to governing bodies of education institutions and other advisory bodies
(LC Paper No. CB(2) 2848/98-99)

57. Referring to the paper, the Chairman invited members' view on the arrangement proposed in paragraph 5 of the paper relating to the reporting of work by Members elected to the governing bodies of education institutions and advisory bodies concerned.

58. Miss Emily LAU expressed support for the proposal that Members elected to these organizations should report their work to the House Committee. However, she was of the view that Members should make two reports in a legislative session instead of one as proposed in the paper. She also suggested that such reports should include attendance record and work in other committees of the organizations concerned, in addition to the two areas of work proposed in paragraph 5(a) and (b) of the paper.

59. Mr Ronald ARCULLI questioned the need to make such reporting of work a standing requirement, as these organizations met infrequently and matters considered might not always be of public interest. He wondered whether, in cases where there were more than one Member serving the advisory body, a joint report should be made or whether each individual Member should submit a report separately.

60. Mr YEUNG Yiu-chung said that Miss LAU's suggestion of requiring Members elected to serve on the organizations concerned to submit two reports in a session was not practicable. He added that in the case of the Court of the University of Hong Kong, it only met once a year and the meeting resembled a tea reception.

61. Miss Emily LAU responded that from what Mr YEUNG had said of the University Court, the need of having Members to serve on the University Court should be questioned. The Chairman said that having the Members on the University Court provided a link between the University and the Council.

62. Mr Eric LI suggested that a more practical approach would be to require Members serving on these organizations to brief the relevant Panels before and after attending the meetings of the organizations concerned. Such an arrangement would enable the Panel's views, if any, to be conveyed to the relevant organizations, and the Members concerned would also be able to brief the Panels of any issue of public interest deliberated at such meetings. Miss Emily LAU and Mr NG Leung-sing expressed support for Mr LI's proposal.

63. The Chairman suggested and members agreed to adopt Mr Eric LI's proposal.

X. LegCo Fun Day 1999-2000
(LC Paper No. AS 405/98-99)

64. Introducing the paper, the Chairman said that some reporters' representatives considered that the sports-day approach for the LegCo Fun Day should be changed as it had been adopted for a long time and the duration of the event was too long. They had suggested that the next LegCo Fun Day should preferably be held on a Friday afternoon after a House Committee meeting, and that the venue should be in the urban area such as the LegCo Building.

65. Dr YEUNG Sum said that it would be best to leave to the new term of the Legislative Council in 2000 to consider changing the LegCo Fun Day format. In his view, it was not desirable for the Fun Day to be held in the LegCo Building, as the physical constraints of the building would invariably limit the Fun Day to a dinner and indoor games. He therefore considered that the sports-day approach should continue to be adopted for the LegCo Fun Day 1999-2000. Mr Ronald ARCULLI echoed Dr YEUNG's views. Mr Martin LEE said that the high participation rate of Members in the Fun Days held in the past showed that Members welcomed the opportunity to take part in outdoor games. He suggested that given the importance of protecting the environment, an outdoor activity such as cleaning up the beaches could be considered for the next LegCo Fun Day.

66. Mr HO Sai-chu and Mr FOK Tsun-ting said that the Fun Day should not do away with sports, as the idea of having such an event was to provide desk-bound Members an occasion to have some exercise in an outdoor environment. Mr Andrew CHENG added that if the Fun Day was held on a Friday afternoon after the House Committee meeting, consideration could be given to holding it at the Happy Valley Racecourse or the Lei Yue Mun park and holiday village.

67. Mrs Selina CHOW said that the existing format of the Fun Day should remain unchanged, although the details of it could be improved by bringing in new games, such as Dance Dance Revolution and ballroom dancing.

68. The Chairman concluded that a LegCo Fun Day should be held in the 1999-2000 session, and that an Organizing Committee comprising Members, reporters' representatives and Secretariat staff should be formed to work out the details. Members agreed.

XI. Objection to a reduction in the level of "Operating expenses reimbursements" for Members
(Letter from Hon LEUNG Yiu-chung dated 20 September 1999 attached)

69. Referring to his letter, Mr LEUNG Yiu-chung said that at present some Members were already subsidizing their operating expenses out of their own pocket, and this situation would aggravate should the level of operating expenses reimbursements be reduced in accordance with the mechanism approved by the Finance Committee (FC) in 1995, whereby Members' monthly remuneration and the level of operating expenses reimbursements would be adjusted in accordance with the movement of the Hang Seng Consumer Price Index (HSCPI). He further said that as staff costs constituted a major part of Members' operating expenses, a reduction in the level of operating expenses reimbursements would mean that some Members would have to reduce staff salaries in order to make ends meet, thus becoming "unscrupulous employers". He therefore proposed that the Administration be requested not to reduce the present level of operating expenses reimbursements and that the existing mechanism for adjusting Members' monthly remuneration and the amount of operating expenses reimbursements should be reviewed.

70. The Chairman pointed out that the salaries of civil servants were frozen and not reduced in the current financial year.

71. Miss Emily LAU and Mr LEE Cheuk-yan expressed support for Mr LEUNG's proposal. Miss LAU said that there would be practical difficulties should the amount of operating expenses reimbursements be reduced. She pointed out that some Members were already operating on a very tight budget. Members could not correspondingly cut back on salaries and office rental which were bound by contractual agreements, and there was little room for savings in other office expenses. Mr LEE added that at the time the mechanism was endorsed by the FC, a contraction in the economy resulting in a downward movement of the HSCPI was not envisaged.

72. Mr Ronald ARCULLI, Mrs Selina CHOW and Mr CHAN Kam-lam said that the mechanism for adjusting the level of operating expenses reimbursements was agreed to by Members themselves. Members should not seek to change the mechanism because the HSCPI had moved downwards instead of upwards. The onus was on Members to operate within their budgetary limits.

73. Miss Emily LAU requested to put Mr LEUNG's proposal to vote. Members agreed.

74. The Chairman put Mr LEUNG's proposal to vote. The results were as follows -

14 members voted against the proposal : Mr James TIEN, Mr David CHU, Mr HO Sai-chu, Mr Eric LI, Mr NG Leung-sing, Mrs Selina CHOW, Mr Ronald ARCULLI, Mr HUI Cheung-ching, Mr CHAN Kam-lam, Mr WONG Yung-kan, Mr YEUNG Yiu-chung, Mr Ambrose LAU, Mr FUNG Chi-kin and Dr TANG Siu-tong.

Nine members abstained: Dr YEUNG Sum, Mr Michael HO, Dr Raymond HO, Mr LEE Wing-tat, Mr Martin LEE, Mr LEE Kai-ming, Mr MA Fung-kwok, Mr Andrew CHENG and Mr SZETO Wah.

75. The Chairman declared that Mr LEUNG's proposal was not agreed to.

XII. Condolences for the victims of the Taiwan earthquake
(This item was not on the agenda)

76. The Chairman informed members that this item was suggested by Miss Christine LOH and Miss Emily LAU. The Chairman said that the House Committee could consider issuing a statement expressing condolences to the victims of the Taiwan earthquake. The Chairman then read out a draft statement for members' consideration.

77. Miss Emily LAU said that she had no objection to the content of the statement, but considered it impolite to express members' condolences in such a form. She was of the view that a letter should be sent instead. She also considered that the Administration should take concrete actions such as making a donation to help the earthquake victims.

78. Mrs Selina CHOW suggested that the Administration should be asked to immediately convene a meeting of the Disaster Relief Fund Advisory Committee to consider the provision of assistance to the victims of the Taiwan earthquake Mr Ronald ARCULLI, Mr LEE Cheuk-yan and Mr LEE Wing-tat expressed support for Mrs CHOW's suggestion.

79. Miss Emily LAU and Mrs Selina CHOW said that the Administration should be asked to explain why the team of volunteers from the Fire Services Department had returned to Hong Kong after staying in Taiwan for just one day.

80. Mr Eric LI said that the Administration should find out what types of aid were needed most by the Taiwan authorities in their rescue and reconstruction efforts. The Administration should also find out the names of the organizations to which aid could be sent. Mr James TIEN shared Mr LI's views.

81. Mr LEE Cheuk-yan, Mr LEE Wing-tat, Mr SZETO Wah and Dr YEUNG Sum expressed support for Miss Emily LAU's view that a letter should be sent to convey condolences to the victims of the Taiwan earthquake. Miss Emily LAU suggested that the letter should be addressed to "President LEE Teng-hui". Mr LEE Cheuk-yan, and Mr SZETO Wah suggested the letter could be sent to the Straits Exchange Foundation and the Legislative Yuan respectively.

82. Mr CHAN Kam-lam said that it was inappropriate for the Legislative Council of the Hong Kong Special Administrative Region of the People's Republic of China to write to a Taiwan government leader, its legislature or any official organization. Mrs Selina CHOW added that it would be irresponsible on the part of the House Committee to address a letter to "President LEE Teng-hui".

83. Mr CHAN Kam-lam further said that if a letter had to be sent, it could be addressed to the head of the Chung Hwa Travel Service (CHTS). Mr Andrew CHENG pointed out that writing to CHTS might not be appropriate, as CHTS was regarded by the Administration as an organization dealing with tourism matters only.

84. Mr NG Leung-sing said that a statement could serve the purpose of expressing condolences to the victims of the Taiwan earthquake.

85. Miss Christine LOH said that it was precisely for the avoidance of arguments among members that she had proposed to issue a press statement expressing condolences to victims of the Taiwan earthquake.

86. The Chairman proposed to put to vote the proposals of expressing condolences to the victims of the Taiwan earthquake in the form of a statement or a letter. Members agreed. The results were -

11 members voted for sending a letter : Dr YEUNG Sum, Miss Cyd HO, Mr LEE Wing-tat, Mr LEE Cheuk-yan, Mr Martin LEE, Miss Christine LOH Kung-wai, Mr LEUNG Yiu-chung, Mr Andrew WONG, Miss Emily LAU, Mr Andrew CHENG and Mr SZETO Wah.

One member abstained : Miss Margaret NG.

87. Miss Margaret NG said that she had abstained from voting because she was not present at the meeting when the matter was discussed.

88 The Chairman said he would issue a press statement on behalf of the House Committee along the lines as the one he read out earlier at the meeting.

89. The Chairman further said that at his next meeting with CS, he would ask the Administration to convene a meeting of the Disaster Relief Fund Advisory Committee as soon as possible and to provide information on the circumstances leading to the dispatch of the team of Fire Services personnel to Taiwan, and their early return.

XIII. Election of Chairman and Deputy Chairman of the House Committee for the 1999-2000 session
(Election procedure is set out in rule 20 and Appendix IV of the House Rules)

90. Dr LEONG Che-hung invited nominations for the chairmanship of the House Committee for the 1999-2000 session.

91. Mr Martin LEE nominated Dr LEONG Che-hung and Miss Christine LOH seconded the nomination. Dr LEONG accepted the nomination.

92. Dr YEUNG Sum took over from Dr LEONG to preside over the election of the chairman of the House Committee. As there were no other nominations, Dr YEUNG Sum declared Dr LEONG elected as chairman.

93. Dr LEONG took the chair and presided over the election of the deputy chairman of the House Committee for the 1999-2000 session.

94. Mr James TIEN nominated Dr YEUNG Sum and Mr Eric LI seconded the nomination. Dr YEUNG accepted the nomination. As there were no other nominations, the Chairman declared Dr YEUNG elected as deputy chairman.

XIV. Any other business

Membership of the Panel

95. The Chairman reminded members to signify membership of Panels for the 1999-2000 session.

Briefings by bureau secretaries on the Chief Executive's Policy Address 1999

96. Members noted the schedule of briefings by bureau secretaries on the Chief Executive's Policy Address 1999 for the Panels tabled at the meeting.

97. The meeting ended at 4:30 pm.

Legislative Council Secretariat
6 October 1999

House Committee of the Legislative Council Minutes of the 39th meeting held in the Legislative Council Chamber at 2:30 pm on Friday, 24 September 1999

House Committee of the Legislative Council

Minutes of the 39th meeting
held in the Legislative Council Chamber
at 2:30 pm on Friday, 24 September 1999