LC Paper No. CB(2) 2426/98-99

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 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 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 Ngoi-yee
Hon Ronald ARCULLI, JP
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 CHAN Yuen-han
Hon Bernard CHAN
Hon CHAN Wing-chan
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
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 YEUNG Yiu-chung
Hon LAU Chin-shek, JP
Hon LAU Kong-wah
Hon LAU Wong-fat, GBS, JP
Hon Mrs Miriam LAU Kin-yee, 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, JP
Hon LAW Chi-kwong, JP
Hon TAM Yiu-chung, JP
Hon FUNG Chi-kin
Dr Hon TANG Siu-tong, JP

Members absent :

Hon Edward HO Sing-tin, JP
Hon Albert HO Chun-yan
Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
Hon Mrs Selina CHOW LIANG Shuk-yee, JP
Hon MA Fung-kwok
Hon CHAN Kam-lam
Hon LEUNG Yiu-chung
Hon Howard YOUNG, JP
Hon CHOY So-yuk

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

Mr Joseph KWONG

Accountant

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

Mrs Vivian KAM

Chief Assistant Secretary (Complaints)

Miss Kathleen LAU

Chief Public Information Officer

Ms LEUNG Siu-kum

Chief Assistant Secretary (1)2

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 35th meeting held on 11 June 1999
(LC Paper No. CB(2) 2307/98-99)

1 The minutes were confirmed.

II. Matters arising

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 introduce as many bills as possible before the end of the session. The Chairman added that he had also informed the Administration that some Bills Committees would continue their work during the summer break.

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) Import and Export (Amendment) Bill 1999

(ii) Protection of Non-Government Certificates of Origin (Amendment) Bill 1999
(LC Paper No. LS 207/98-99)

3. The Legal Adviser explained that the objects of the two Bills were to strengthen the legal basis for the Production Notification (PN) arrangement and to enable Government Approved Certification Organizations to handle Certificates of Origin (CO) using information technology such as the Electronic Data Interchange (EDI). The Legal Adviser said that the Administration considered it desirable for the two Bills to be enacted within the current legislative session to enable the EDI submission of PN and CO to be implemented in late August and September respectively. However, the Administration had advised that owing to its timetable to implement the new statutory scheme, subsidiary legislation expected to be made in late July or August to amend the relevant Regulations would not be tabled until the first meeting of the Council in October 1999. The Legal Adviser added that the legal and drafting aspects of the two Bills were in order.

4. Mr James TIEN said that some small business operators had expressed concern about the costs involved for submission of PN and CO via the EDI. Mrs Sophie LEUNG responded that Tradelink was considering ways to assist these operators for converting paper submissions into electronic ones.

5. Dr LUI Ming-wah enquired whether the five Government Approved Certification Organizations could continue to handle paper submissions. The Chairman responded that it would be a matter for the Panel on Trade and Industry to pursue.

6. The Chairman suggested that a decision on the two Bills be deferred to the next meeting to allow time for clarification to be sought on the points raised by Mr TIEN and Mrs LEUNG. Members agreed.

(iii) Adaptation of Laws (No. 16) Bill 1999
(LC Paper No. LS 200/98-99)

7. The Legal Adviser introduced the paper and said that the Bill dealt with the adaptation of 13 ordinances relating to mainly medical, medicinal and pharmaceutical topics. He further said that the Legal Service Division was seeking clarification from the Administration on certain drafting points, particularly in regard to the proposed adaptation of the term "Crown" to "State" in the Hong Kong Council on Smoking and Health Ordinance (Cap. 389) and the Prince Philip Dental Hospital Ordinance (Cap. 1081). He added that the Legal Service Division had raised a similar query with the Administration in the context of other adaptation bills and was still awaiting the Administration's formal reply.

8. Miss Margaret NG said that it would be quite odd to adapt the term "Crown" as "State" in the context of Cap. 389 and Cap. 1081, and suggested that a Bills Committee be formed to study the Bill. The following members agreed to join: Miss Margaret NG, Mr Andrew WONG Wang-fat and Mr Jasper TSANG Yok-sing.

9. Miss NG further suggested that in order not to delay the scrutiny of other bills, there should not be more than two Bills Committees on adaptation of laws bills in action at any given time. The Chairman said that there was no need to adopt such a rule as there was flexibility under the existing queuing system for adjusting the priority of Bills Committees awaiting activation.

(iv) Occupational Retirement Schemes (Amendment) Bill 1999
(LC Paper No. LS 209/98-99)

10. The Legal Adviser explained that the Bill sought to clarify that the eligibility of an occupational retirement scheme to apply for exemption under the Mandatory Provident Fund Schemes Ordinance would not be affected though subsequent changes in accordance with or not prohibited by the Occupational Retirement Schemes Ordinance had taken place since the registration of the scheme.

11. The Legal Adviser further said that with the Administration's clarification on certain drafting points, the Legal Service Division was satisfied that the legal and drafting aspects of the Bill were in order.

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

(v) Statute Law (Miscellaneous Provisions) Bill 1999
(LC Paper No. LS 213/98-99)

13. Referring to the paper, the Legal Adviser explained that the Bill sought to make a miscellany of amendments to various ordinances and to clarify the status of subsidiary legislation not duly laid on the table of the Legislative Council. The Legal Adviser further said that the Legal Service Division was still scrutinizing the legal and drafting aspects of the Bill which contained a large number of amendments. He added that at the meeting of the Panel on Administration of Justice and Legal Services held on 27 May 1999, queries were raised by the Panel on certain proposals in the Bill, in particular the proposal to abrogate the common law rule of "year and a day", as detailed in paragraph 5(c) of the paper.

14. Mr Martin LEE asked whether it was a common practice to present amendments to various ordinances in one single bill. The Legal Adviser said that in the past, minor technical amendments to effect improvements to various ordinances were incorporated in an omnibus bill under the title of "Administration of Justice (Miscellaneous Amendments) Bill", instead of "Statute Law (Miscellaneous Provisions) Bill." In response to Mr LEE's further enquiry about implications of the change in the bill's title, the Legal Adviser said the title of an ordinance had no legal effect.

15. Miss Margaret NG suggested that a Bills Committee be formed to study the Bill. The following members agreed to join: Miss Cyd HO Sau-lan, Mr Martin LEE Chu-ming, Miss Margaret NG and Mr Andrew WONG Wang-fat.

(vi) Customs and Excise Service Children's Education Trust Fund Bill
(LC Paper No. LS 214/98-99)

16. The Legal Adviser introduced the paper and said that the Bill sought to establish a trust fund to provide financial assistance for post-primary education for children of customs officers as well as for the education and training for their handicapped children. The Legal Adviser pointed out that the provisions as proposed in the Bill followed closely those in other existing ordinances which set up similar trust funds for other disciplinary forces in the Government.

17. The Legal Adviser further said that the Legal Service Division was seeking clarifications from the Administration on certain drafting points and a further report would be issued.

18. Mr James TO asked why such a trust fund had not been established for the Customs and Excise Service until now. The Legal Adviser said that he would ask the Administration to also respond to Mr TO's point.

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

(vii) Lingnan University Bill
(LC Paper No. LS 206/98-99)

20. The Legal Adviser introduced the paper and explained that the purpose of the Bill was to provide for the conversion of the Lingnan College under the Lingnan College Ordinance into a university to be known as the Lingnan University. He drew members' attention to the new internal governance structure of the University as detailed in paragraphs 6-8 of the paper and said that some members of the Panel on Education had questioned the lack of LegCo representative and the insufficient number of elected members on the Council of the University. He further said that the Legal Service Division had raised queries with the Administration on the legal and drafting aspects of the Bill, and was awaiting the Administration's reply.

21. Mr CHEUNG Man-kwong said that he and Miss Emily LAU had held discussions with the College and the Administration on the day before, and the College had agreed to propose amendments to the Bill to increase the number of elected members on the University Council, and also to provide for the appointment of one to two LegCo Members by the Administration to be members of the University Council. He added that in the light of this development, he was of the view that it would not be necessary to form a Bills Committee, thus facilitating the passage of the Bill within the current legislative session, for the benefit of this year's graduates. Professor NG Ching-fai shared Mr CHEUNG's view.

22. Miss Emily LAU expressed disappointment that the Bill was introduced into the Council towards the end of the current legislative session, thus allowing limited time for Members to consider the Bill. She asked how the Bill should be dealt with given that the Administration had yet to provide the proposed Committee Stage amendments (CSAs), as promised.

23. The Chairman suggested that one option was to ask the Administration to provide the CSAs in time for members' consideration at the next House Committee meeting on 2 July 1999. The Administration could then give notice for the Second Reading debate on the Bill to resume on 14 July 1999, should the CSAs be considered acceptable.

24. Mr James TIEN, Dr YEUNG Sum and Mr Ronald ARCULLI expressed support for the Chairman's suggestion.

25. The Legal Adviser reminded members that the deadline for giving notice of CSAs was 5 July 1999, if the Second Reading debate on the Bill was to resume on 14 July 1999.

26. Miss Margaret NG said that she had just telephoned Professor CHAN Kwan-yiu of Lingnan College and was advised that the College had already forwarded its proposals to the Administration for the CSAs to be drafted.

27. The Chairman suggested and members agreed that a decision on the Bill be deferred to the next meeting on 2 July 1999.

(viii) Adaptation of Laws (No. 18) Bill 1999
(LC Paper No. LS 208/98-99)

28. The Legal Adviser said that the Bill dealt with the adaptation of six ordinances relating to various matters, including the licensing of companies to broadcast commercial television and subscription television, control and regulation of obscene and indecent articles, and licensing of activities in outer space, etc. He added that the Legal Service Division was seeking clarification from the Administration on the proposed adaptation of "Secretary of State" and "Her Majesty's Government in the United Kingdom" as "Central People's Government" in the Outer Space Ordinance as well as on other technical points. A further report would be issued upon receiving the Administration's reply.

29. The Chairman suggested and members agreed to defer a decision on the Bill pending the Legal Service Division's further report.

(ix) Supplementary Appropriation (1998-99) Bill 1999
(LC Paper No. LS 217/98-99)

30. The Legal Adviser said that the object of the Bill was to provide for the appropriation of $4,788,396,327.66 for the service of the Government in the financial year which ended on 31 March 1999 in addition to the sum appropriated by the Appropriation Ordinance 1998. He added that the legal aspect of the Bill was in order.

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

(b) Legal Service Division's reports on subsidiary legislation tabled in Council on 16 and 23 June 1999 (gazetted on 11 and 17 June 1999)
(LC Paper Nos. LS 211 & LS 218/98-99))

LC Paper No. LS 211

32. The Legal Adviser introduced the paper which detailed the eight items of subsidiary legislation gazetted on 11 June 1999.

33. The Legal Adviser said that the Dogs and Cats (Amendment) Ordinance 1997 (97 of 1997) (Commencement) Notice 1999 should be considered together with agenda item VI(d)(ii) relating to the proposed resolution under section 3 of the Dogs and Cats Ordinance which sought the Council's approval of the Dangerous Dogs Regulation.

34. Miss Emily LAU suggested that as some dog owners had expressed concern about the measures proposed in the Dangerous Dogs Regulation, a subcommittee should be formed to study the Government Notice and the resolution. Mr Michael HO expressed support for Miss LAU's suggestion.

35. Members agreed to form a subcommittee. The following members agreed to join: Mr James TIEN Pei-chun, Mr Michael HO Mun-kai, Mr Ronald ARCULLI, Mr CHAN Kwok-keung, Mr CHAN Wing-chan, Miss Emily LAU Wai-hing.

36. Members raised no queries on the remaining seven items of subsidiary legislation covered in the paper.

LC Paper No. LS 218

37. The Legal Adviser briefly explained the four items of subsidiary legislation gazetted on 17 June 1999.

38. Members did not raise any queries on the subsidiary legislation covered in the paper.

39. The Chairman reminded members that the deadline for giving notice to amend the subsidiary legislation was 7 July 1999 and the deadline for giving notice to extend the scrutiny period was 9 July 1999.

40. The Legal Adviser added that in the event that a motion to extend the scrutiny period of any of the subsidiary legislation was agreed by the Council, the scrutiny period of subsidiary legislation tabled on 16 June 1999 would be extended to the first Council meeting in the next session in accordance with section 34(3) of the Interpretation and General Clauses Ordinance (Cap.1), if no Council meeting would be held in the current session after the one on 14 July 1999.

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

(a) Adaptation of Laws (No. 4) Bill 1999
(LC Paper No. LS 128/98-99)

41. The Legal Adviser said that as the Administration had confirmed that the proposal to repeal the two United Kingdom qualifications for application of plumber's licence under Regulation 33(1) of the Waterworks Regulation would only be applicable to new applicants, and that the CSAs proposed by the Administration were in line with similar amendments in the Adaptation of Laws Bills 1998, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

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

(b) Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999
(LC Paper No. LS 212/98-99)

43. The Legal Adviser said that Mr James TO considered the Administration's reply detailed in paragraph 2 of the paper had adequately answered his queries. The Legal Service Division was of the view that the CSAs to be moved by the Administration could be supported and recommended that the Second Reading debate on the Bill be resumed.

44. Mr Andrew WONG enquired whether the Commissioner of Police had acquired stocks and made other investments for the purposes of the Police Welfare Fund. The Legal Adviser responded that the Administration had confirmed that the Commissioner had not held any personal property other than acquiring real estate property for the Police Welfare Fund.

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

(c) Hong Kong War Memorial Pensions (Amendment) Bill 1999
(LC Paper No. LS 227/98-99)

46. The Legal Adviser said that Mr James TO was satisfied with the Administration' reply to his query detailed in paragraph 5 of the paper, and had raised no further queries on the Bill.

47. The Legal Adviser added that the Administration would move CSAs to make the Chinese text of new section 7(2)(da) consistent with that of section 7(2)(f)(ii) of the Ordinance. The Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

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

VI. Further business for the Council meeting on 30 June 1999

(a) Questions
(LC Paper No. CB(3) 1785/98-99)

49. Members noted the five new questions (four oral and 1 written) to be raised at the meeting on 30 June 1999.

(b) Bills - First and Second Readings

(i) Legal Practitioners (Amendment) Bill 1999

(ii) Adaptation of Laws (No. 17) Bill 1999

(iii) Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Bill 1999

(iv) Prevention of Child Pornography Bill

(v) Crimes (Amendment) Bill 1999

50. Members noted that the above five Bills would be introduced into the Council on 30 June 1999 and considered by the House Committee on 2 July 1999.

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

(i) Volunteer and Naval Volunteer Pensions (Amendment) Bill 1999

51. Members agreed at the House Committee meeting on 4 June 1999 that the Second Reading on the Bill be resumed.

(ii) Adaptation of Laws (No.15) Bill 1999

52. Members agreed at the House Committee meeting on 11 June 1999 that the Second Reading on the Bill be resumed.

(d) Government motions

(i) Resolution under section 29 of the Public Finance Ordinance (Cap. 2) - to be moved by the Secretary for Trade and Industry
(LC Paper No. LS 220/98-99 issued via LC Paper No. CB(2) 2333/98-99 dated 21 June 1999)

53. Referring to the paper, the Legal Adviser said that the purpose of this motion was to seek the Council's approval of the setting up of the Innovation and Technology Fund. The Legal Adviser added that the Panel on Trade and Industry had been consulted and had raised no objection to the proposal.

54. Members raised no queries on the resolution.

(ii) Resolutions under section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) - to be moved by the Secretary for Housing

55. The Chairman said that the Secretary for Housing had given two separate notices to move two separate motions to amend the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation and the Estate Agents (Determination of Commission Disputes) Regulation, in response to the requests made by the Subcommittee formed to study the two Regulations. The Chairman added that the Chairman of the Subcommittee would report under agenda item VII(g) below.

(e) Members' motions

(i) Motion on "Promoting breast-feeding"

56. Members noted the wording of the above motion to be moved by Mr Michael HO.

(ii) Motion on "Providing major venues for sporting events"

57. Members noted the wording of the above motion to be moved by Mr Timothy FOK and the amendment to the motion to be moved by Mr Andrew CHENG tabled at the meeting.

58. The Chairman reminded members that the speaking time limits stipulated in rule 17(c) of the House Rules would apply.

VI. Business for the Council meeting on 7 July 1999

(a) Questions
(LC Paper No. CB(3) 1786/98-99)

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

(b) Bills - First and Second Readings

(i) Evidence (Amendment) Bill 1999

(ii) Arbitration (Amendment) Bill 1999

(iii) Housing Managers Registration Bill

(iv) Adaptation of Laws (No. 19) Bill 1999

(v) Hong Kong Arts Development Council (Amendment) Bill 1999

(vi) Hong Kong Sports Development Board (Amendment) Bill 1999

60. Members noted that the above six Bills would be introduced into the Council on 7 July 1999 and considered by the House Committee on 9 July 1999.

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

(i) Adaptation of Laws (No. 12) Bill 1998

(ii) Import and Export (Amendment) Bill 1999

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

(iv) Adaptation of Laws (No. 8) Bill 1998

(v) Adaptation of Laws Bill 1999

(vi) Hong Kong War Memorial Pensions (Amendment) Bill 1999

(vii) Banking (Amendment) Bill 1999

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

(ix) Merchant Shipping (Local Vessels) Bill

(x) Theft (Amendment) Bill 1998

(xi) Revenue Bill 1999

61. Members noted that the Second Reading debate on the nine Bills numbered (i) and (iv) to (x) above would resume on 7 July 1999. Members expressed support for the Administration to seek the President's leave to waive the requisite notice period for the Revenue Bill 1999 to resume Second Reading debate on 7 July 1999.

62. The Chairman said that members earlier agreed that a decision on the two Bills numbered (ii) and (iii) above would be deferred to the next meeting on 2 July 1999.

(d) Government motions

(i) Resolution under section 6(1) of the General Holidays Ordinance (Cap. 149) - to be moved by the Secretary for Education and Manpower
(LC Paper No. LS 228/98-99)

63. The Legal Adviser said that the object of the motion was to appoint 31 December 1999 as a general holiday in addition to the existing general holidays kept by all banks, educational establishments, public offices and Government departments.

64. Mr NG Leung-sing expressed support for the motion as the addition of a general holiday on 31 December 1999 was suggested by the Hong Kong Association of Banks as a measure to prevent and mitigate possible disruptions caused by the year 2000 (Y2K) problem.

65. Mr James TIEN said that according to the Hong Kong Association of Banks, it had originally proposed a bank holiday on 31 December 1999 but subsequently changed its proposal to a general holiday after it had been advised by the Administration that there was no such category as bank holiday in the exsiting legislation.

66. In reply to Miss Emily LAU's enquiry, the Legal Adviser reiterated that general holidays only applied to employees of banks, educational establishments, public offices and Government departments, as opposed to statutory holidays which applied to all employees as provided under the Employment Ordinance.

67. Miss CHAN Yuen-han and Mr TIEN enquired whether amendments could be made to the General Holidays Ordinance to expand the coverage of the proposed additional general holiday to employees who were only entitled to statutory holidays. The Legal Adviser replied that such an amendment would appear to be outside the ambit of the Ordinance.

(ii) Resolution under section 3 of the Dogs and Cats Ordinance (Cap. 167) - to be moved by the Secretary for Economic Services
(LC Paper No. LS 224/98-99)

68. The Chairman said that members had agreed earlier at the meeting to form a subcommittee to study the above resolution. The Chairman further said that the Secretariat would ask the Administration to withdraw the notice for moving the proposed resolution at the Council meeting on 7 July 1999.

(e) Members' motions

(i) Resolution on "Legislative Council Emblem" - to be moved by Dr Hon LEONG Che-hung
(Proposed motion circulated to Members vide LC Paper No. CB(3) 1783/98-99 dated 21 June 1999)

69. The Chairman said that the object of the motion was to adopt an emblem design for the Legislative Council.

(ii) Motion on "The Executive Council"

70. Members noted the draft wording of the above motion to be moved by Miss Cyd HO.

(iii) Motion on "Enhancing the competitiveness of Hong Kong's manufacturing industry"

71. Members noted the draft wording of the above motion to be moved by Mr Kenneth TING.

72. The Chairman reminded members that the deadline for giving notice of amendments, if any, to the motions was 29 June 1999. The speaking time limits stipulated in rule 17(c) of the House Rules would apply to the motion debates set out in agenda item VI(e)(ii) and (iii) above.

73. In reply to Miss Emily LAU's enquiry, the Chairman said that the President would suspend the Council meeting on 7 July 1999 around 10:00 pm if all items on the agenda could not be completed on that day. The unfinished business of the meeting would be resumed at 2:30 pm on the following day.

VII. Reports

(a) Position report on Bills Committees/subcommittees
(LC Paper No. CB(2)2362/98-99)

74. The Chairman said that there were ten Bills Committees and four subcommittees in action, including the subcommittee formed earlier at the meeting to study the Dogs and Cats (Amendment) Ordinance 1997 (97 of 1997)(Commencement) Notice 1999 and the proposed resolution under section 3 of the Dogs and Cats Ordinance. The Chairman further said that as there were five vacant Bills Committee slots, the Bills Committees formed to study the Telecommunication (Amendment) Bill 1999, the Protection of Wages on Insolvency (Amendment) Bill 1999, the Shipping and Port Control (Amendment) Bill 1999, the Organized and Serious Crimes (Amendment) Bill 1999 and the Adaptation of Laws (No.5) Bill 1999 would be activated.

(b) Report of the Bills Committee on Theft (Amendment) Bill 1998
(LC Paper No. CB(2)2367/98-99)

75. Mrs Miriam LAU, Chairman of the Bills Committee, highlighted the main deliberations of the Bills Committee as detailed in the paper. She further said that in response to the Bills Committee's request, the Administration had agreed to move CSAs to restrict the new offence of fraud to circumstances in which there was financial or proprietary loss or gain.

76. Mrs LAU added that she would, on behalf of the Bills Committee, move a CSA to delete the words "or opinions" from the definition of "deceit" in clause 3 of the Bill. She also said that the Bills Committee had recommended that the Panel on Administration of Justice and Legal Services should look into the need to retain the word "opinions" in the definition of "deception" in section 17 of the Theft Ordinance.

77. Members noted the Bills Committee's recommendation that the Second Reading debate on the Bill be resumed on 7 July 1999.

(c) Report of the Bills Committee on Adaptation of Laws (No.12) Bill 1998
(LC Paper No. CB(2)2372/98-99)

78. Miss Margaret NG, Chairman of the Bills Committee, said that in response to the Bills Committee, the Administration had agreed to move CSAs to substitute the reference to "Crown" with "HKSAR" in the English text and "官方" with "特區" in the Chinese text in the context of the Government being a party to criminal proceedings.

79. Members noted the Bills Committee's recommendation that the Second Reading debate on the Bill be resumed on 7 July 1999.

(d) Report of the Bills Committee on Merchant Shipping (Local Vessels) Bill
(LC Paper No. CB(2)2373/98-99)

80. Mrs Miriam LAU, on behalf of Mr CHAN Kam-lam, Chairman of the Bills Committee, highlighted the main deliberations of the Bills Committee as detailed in the paper. Mrs LAU further said that the Bills Committee supported the Bill subject to the CSAs, which were technical in nature, to be moved by the Administration.

81. Members noted the Bills Committee's recommendation that the Second Reading debate on the Bill be resumed on 7 July 1999.

(e) Report of the Bills Committee on Revenue Bill 1999
(LC Paper No. CB(1)1575/98-99)

82. Miss Margaret NG, Chairman of the Bills Committee, introduced the paper and said that the Bills Committee recommended the resumption of the Second Reading debate on the Bill on 7 July 1999. Miss NG further said that both members of the Bills Committee and the Administration would move CSAs to the Bill. Miss NG explained that the object of the CSAs to be moved by the Administration was to make express provisions to reflect that the Inland Revenue Department accepted copied instruments chargeable with stamp duty for stamping as a standing practice.

83. Miss NG further pointed out that the Bill sought to empower the Secretary for Transport to make regulation for necessary consequential amendments pursuant to the repeal of the Cross-Harbour Tunnel Ordinance and the Cross-Harbour Tunnel (Passage Tax) Ordinance. Members of the Bills Committee had scrutinized the draft regulation and were satisfied that both the content and the drafting could achieve the intended purpose.

84. Mr SIN Chung-kai said that Members belonging to the Democratic Party would move CSAs to the parts in the Bill relating to the fixed penalties for traffic-related offences, fixed penalty for smoky vehicles, parking meter charge and Cross Harbour Tunnel tolls. Mr SIN suggested that the Secretariat issue the script on the sequence for dealing with the amendments at the Committee Stage of the Bill as soon as possible.

85. Mrs Miriam LAU hoped that members would take note of the views of the transport trade on raising fines for smoky vehicles detailed in paragraph 11 of the paper when casting their votes on the relevant CSAs. Mrs LAU further said that individual members could approach her if they wanted more details about the views of the transport trade in this regard.

86. The Chairman reminded members that the deadline for giving notice of CSAs to the four Bills mentioned in agenda item VII(b)-(e) was 26 June 1999.

(f) Report of the Subcommittee on subsidiary legislation relating to District Councils election

87. Mr Andrew WONG, Chairman of the Subcommittee, said that the Subcommittee recommended that the District Council (Election Petition) Rules and the Electoral Affairs Commission (Electoral Procedures) (District Councils) Regulation be supported. Mr WONG further advised members that the deadline for giving notice to amend the two items of subsidiary legislation was 29 June 1999.

(g) Report of the Subcommittee on Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation and Estate Agents (Determination of Commission Disputes) Regulation
(LC Paper No. CB(1)1576/98-99)

88. Dr Raymond HO, Chairman of the Subcommittee, briefly explained the deliberations of the Subcommittee as detailed in the paper. Dr HO further said that the Subcommittee recommended that the two Regulations be supported, subject to the proposed amendments to be moved by the Administration mentioned in agenda item V(d)(ii) above.

(h) Report of the Subcommittee on Review of Operating Expenses for Members of the Legislative Council
(LC Paper No. AS 339/98-99
Draft "A Guide for Reimbursement of Operating Expenses for Members of the Legislative Council" was tabled at the meeting)

89. Miss Emily LAU, Chairman of Subcommittee, briefly explained the proposal for a revised reimbursement package for Members as follows -

1. district office expenses reimbursement would be merged with the accountable component for staff and office expenses under the monthly general expenses reimbursement;
   
   
2. reimbursement for setting up district offices would be merged with that for the Secretariat-provided central office;
   
   
3. a new information technology and communication equipment expenses reimbursement of $100,000 for every Member in each term for setting up an additional channel to communicate with members of the public would be provided; and
   
   
4. 50% of the entertainment and travelling expenses reimbursement could be used to pay for staff expenses on an accountable basis and the Administration would bear the severance payments to staff so employed.

In respect of (iii) above, Miss LAU pointed out that the new information technology and communication equipment expenses reimbursement of $100,000, could only be used after the setting up expenses reimbursement was exhausted. If a Member was re-elected to another term, he/she could only draw on the unused balance of the previous LegCo term.

90. Miss LAU added that the proposal would be considered by the Finance Committee on 2 July 1999. If the proposal was approved, it would take effect from July 1999.

91. Miss LAU further said that the Director of Administration had agreed to reflect Members' views about reducing the rental rates for Members' district offices to the Housing Authority for further consideration.

(i) Report on the position of Year 2000 compliance work in Government and non-government organizations which provide essential services
(LC Paper No. CB(1)1570/98-99)

92. Assistant Secretary General 1 introduced the report and highlighted the primary concerns of members as detailed in paragraphs in 10, 14-16, 23 and 35-37 of the paper, and the issues requiring further attention of members as set out in paragraphs 44-48 of the paper. Assistant Secretary General 1 further said that rectification work in the Government had largely been completed and pointed out that a list of Government's mission-critical systems which could not be rectified by 30 June 1999 and the related contingency plan were set out in Appendix B to the paper.

93. Mr SIN Chung-kai said that the Panel on Information Technology and Broadcasting would hold a special meeting in August 1999 to follow up the progress made by the Administration regarding its rectification work. Mr SIN urged the relevant Panel chairmen to continue to keep a close watch on the compliance work in Government and non-government organizations which provided essential services to the public.

94. Miss Emily LAU thanked the Secretariat for preparing the paper. She hoped that the relevant Panels would closely monitor the Y2K compliance work of the Hospital Authority, the Airport, in particular the Hong Kong Air Cargo Terminal Limited, and the tertiary institutions in their future round of meetings. Dr YEUNG Sum commended the thoroughness of the paper prepared by the Secretariat, and concurred with Miss LAU that the relevant Panels should continue to keep the matter under review.

95. Members expressed support for the respective Panels to conduct another round of meetings before the end of October 1999 and to refer the issues discussed in paragraphs 44-46 of the paper to the Panel on Information Technology and Broadcasting for follow-up.

96. Mr SIN said that as Mr TSANG Yok-sing would move a motion on "Legal problems concerning millennium bug" at the Council meeting on 14 July 1999, he enquired whether the Research and Library Services Division could provide information on this topic in respect of overseas experience to facilitate Members' deliberations on Mr TSANG's motion. Mr SIN added that such information would also assist Members in monitoring the Y2K compliance work later in the year. Deputy Secretary General said that the Secretariat would provide Members with a research paper on such information. Mr TAM Yiu-chung added that he would also request Mr TSANG to provide Members with the relevant background information prior to the debate on 14 July 1999.

(j) Report of the Bills Committee on Factories and Industrial Undertakings (Amendment) Bill 1999
(LC Paper No. CB(2) 2391/98-99)

97. Mr Ronald ARCULLI, Chairman of the Bills Committee, said that in order to cater for cases where the workers failed to carry the safety certificates to work, the Administration had agreed to move CSAs to allow a reasonable period of time for the production of such certificates. The Administration had further agreed to put in place a simple and convenient system for workers to report loss or damage of their certificates and to obtain replacement cards at the Labour Department. Members of the Bills Committee, however, considered that employers should not be penalized if their workers forgot to bring their certificates to work or had lost their cards and requested that some protection should be given to the employers in this regard. Mr ARCULLI further said that as discussion with the Administration on this point was still in progress, the Second Reading debate on the Bill should take place on 14 July 1999 instead of 7 July 1999 as originally recommended by the Bills Committee.

VIII. Any other business

(a) Special meeting of the Panel on Public Service

98. Mr TAM Yiu-chung informed members that the Panel on Public Service would hold a special meeting on 29 June 1999 at 8:30 am to discuss the system for the declaration of investments/interests by civil servants, with particular reference to the case of the Commissioner of Inland Revenue. Mr TAM further said that non-Panel members had been invited to join the meeting for discussion.

(b) Bills Committee on the Legislative Council (Amendment) Bill 1999

99. The Chairman informed members that the above Bills Committee would hold a meeting 28 June 1999 at 8:30 am to discuss the proposed CSAs to be moved by the Administration and other outstanding issues.

(c) Parking of government vehicles at LegCo carpark

100. The Chairman said that he had been requested by some Members to raise with the Director of Administration again the problem regarding government chauffeurs using the LegCo carpark for lunch-time parking.

(d) The right of abode issue

101. Mr Andrew WONG said that as the Standing Committee of the National People's Congress (NPCSC) would announce its decision on the Chief Executive's request for an interpretation of Articles 22(4) and 24(2)(3) of the Basic Law on 26 June 1999, he asked whether the Panel on Constitutional Affairs or the House Committee should hold a special meeting to invite the Administration to brief members on the NPCSC's decision.

102. Miss Emily LAU said that she had no preference as to whether the Panel on Constitutional Affairs or the House Committee should follow up the NPCSC's decision, but was of the view that a special meeting should be convened at the earliest possible time, say, on 28 June 1999.

103. Dr YEUNG Sum echoed Miss LAU's view and suggested that it would be more appropriate for the House Committee to hold a special meeting on 28 June 1999 at 4:30 pm to discuss the NPCSC's decision. Members expressed support.

104. The meeting ended at 6:06 pm.


Legislative Council Secretariat
30 June 1999