LC Paper No. CB(3) 122/99-00
LEGISLATIVE COUNCIL
MINUTES
No. 3
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Minutes of the meeting held on Wednesday 13 October 1999 at 2:30 pm
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Members present:
President
The Hon Mrs Rita FAN, GBS, JP
The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, SBS, JP
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, SBS, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Ir Dr the Hon Raymond HO Chung-tai, JP
The Hon LEE Wing-tat
The Hon Martin LEE Chu-ming, SC, JP
The Hon Eric LI Ka-cheung, JP
The Hon LEE Kai-ming, SBS, JP
Dr the Hon David LI Kwok-po, JP
The Hon Fred LI Wah-ming, JP
Dr the Hon LUI Ming-wah, JP
The Hon NG Leung-sing
Prof the Hon NG Ching-fai
The Hon Margaret NG
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon Ronald ARCULLI, JP
The Hon MA Fung-kwok
The Hon James TO Kun-sun
The Hon CHEUNG Man-kwong
The Hon Ambrose CHEUNG Wing-sum, JP
The Hon HUI Cheung-ching
The Hon CHAN Kwok-keung
The Hon CHAN Yuen-han
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
Dr the Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon LEUNG Yiu-chung
The Hon Gary CHENG Kai-nam, JP
The Hon SIN Chung-kai
The Hon Andrew WONG Wang-fat, JP
Dr the Hon Philip WONG Yu-hong
The Hon WONG Yung-kan
The Hon Jasper TSANG Yok-sing, JP
The Hon Howard YOUNG, JP
Dr the Hon YEUNG Sum
The Hon YEUNG Yiu-chung
The Hon LAU Kong-wah
The Hon LAU Wong-fat, GBS, JP
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon Emily LAU Wai-hing, JP
The Hon CHOY So-yuk
The Hon Andrew CHENG Kar-foo
The Hon SZETO Wah
The Hon Timothy FOK Tsun-ting, SBS, JP
The Hon LAW Chi-kwong, JP
The Hon TAM Yiu-chung, GBS, JP
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP
Members absent:
The Hon LEE Cheuk-yan
The Hon Christine LOH
The Hon Bernard CHAN
The Hon LAU Chin-shek, JP
Public officers attending:
- The Honourable Mrs Anson CHAN, GBM, JP
- The Chief Secretary for Administration
- The Honourable Donald TSANG Yam-kuen, JP
- The Financial Secretary
- The Honourable Elsie LEUNG Oi-sie, JP
- The Secretary for Justice
- Mr Michael SUEN Ming-yeung, GBS, JP
- Secretary for Constitutional Affairs
- Mr Gordon SIU Kwing-chue, JP
- Secretary for Planning, Environment and Lands
- Mr Nicholas NG Wing-fui, JP
- Secretary for Transport
- Mr Dominic WONG Shing-wah, JP
- Secretary for Housing
- Mr Joseph WONG Wing-ping, GBS, JP
- Secretary for Education and Manpower
- Miss Denise YUE Chung-yee, JP
- Secretary for the Treasury
- Mr David LAN Hong-tsung, JP
- Secretary for Home Affairs
- Dr YEOH Eng-kiong, JP
- Secretary for Health and Welfare
- Mrs Regina IP LAU Suk-yee, JP
- Secretary for Security
- Mr LEE Shing-see, JP
- Secretary for Works
- Mrs Rebecca LAI KO Wing-yee, JP
- Secretary for Financial Services
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Ms Pauline NG Man-wah,
- Assistant Secretary General (1)
- Mr Ray CHAN Yum-mou,
- Assistant Secretary General (3)
Papers
The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure:
| Subsidiary Legislation | L.N. No.
|
|---|
| 1. | Noise Control Ordinance (Exemption from Sections 4, 5 and 13) (Millennium Celebrations) Order 1999 (gazetted on 8.10.1999) | 248/99
|
| 2. | Dangerous Drugs Ordinance (Amendment of Second Schedule) (No. 2) Order 1999 (gazetted on 8.10.1999) | 249/99
|
Sessional Papers
| No.1 | - | Environment and Conservation FundTrustee Report 1998-99 (published on 30.9.1999)
|
| No.2 | - | Revised list of works of the Provisional Regional Council for the 1999/2000 financial year (during the first quarter ended 30 June 1999) (published on 30.9.1999)
|
| No.3 | - | Revised list of works of the Provisional Urban Council for the 1999/2000 financial year (during the first quarter ended 30 June 1999) (published on 30.9.1999)
|
| No.4 | - | Schedule of revisions to the 1998/1999 Estimates approved by the Provisional Urban Council during the first quarter of the 1999/2000 financial year (published on 30.9.1999)
|
| No.5 | - | Clothing Industry Training AuthorityAnnual Report 1998 (published on 4.10.1999)
|
| No.6 | - | Report of changes to the approved Estimates of Expenditure approved during the first quarter of 1999-2000 (Public Finance Ordinance : Section 8) (published on 4.10.1999)
|
| No.7 | - | Report by the Trustee of the Prisoners' Education Trust Fund for the period 1 April 1998 to 31 March 1999 (published on 4.10.1999)
|
| No.8 | - | The Land Registry Trading Fund Hong KongAnnual Report 1998-99 (published on 4.10.1999)
|
| No.9 | - | Report No.33A of the Director of AuditA follow-up review of the year 2000 problem (published on 13.10.1999)
|
| No.10 | - | The Government Minute in response to the Report No. 32 of the Public Accounts Committee dated July 1999 (published on 13.10.1999)
|
| No.11 | - | Estate Agents Authority Annual Report 1998/1999 (published on 11.10.1999)
|
Address
The Chief Secretary for Administration addressed the Council on the Government Minute in response to Report No. 32 of the Public Accounts Committee dated July 1999.
Questions
1. Hon LEUNG Yiu-chung asked Question 1.
The Secretary for Health and Welfare replied.
Five Members asked supplementaries and the Secretary for Health and Welfare replied.
2. Hon CHAN Yuen-han asked Question 2.
The Secretary for Housing replied.
Six Members asked supplementaries. The Secretary for Health and Welfare and the Secretary for Housing replied.
3. Hon LAU Wong-fat asked Question 3.
The Secretary for Planning, Environment and Lands replied.
Seven Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.
4. Hon Kenneth TING asked Question 4.
The Secretary for Transport replied.
Five Members asked supplementaries and the Secretary for Transport replied.
5. Ir Dr Hon HO Chung-tai asked Question 5.
The Secretary for Planning, Environment and Lands replied.
Eight Members asked supplementaries. The Secretary for Works and the Secretary for Planning, Environment and Lands replied.
Written replies to Questions 6 to 19 were tabled for Members' information.
Bills
First Reading
Legal Aid (Amendment) Bill 1999
District Court (Amendment) Bill 1999
Mass Transit Railway Bill
Industrial Training (Construction Industry) (Amendment) Bill 1999
Stamp Duty (Amendment) Bill 1999
The Bills were read the first time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.
Second Reading
Legal Aid (Amendment) Bill 1999
District Court (Amendment) Bill 1999
The Chief Secretary for Administration moved the Second Reading and addressed the Council on each of the above two Bills.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debates on the above Bills were adjourned and the Bills were referred to the House Committee.
Mass Transit Railway Bill
The Secretary for Transport moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Industrial Training (Construction Industry) (Amendment) Bill 1999
The Secretary for Education and Manpower moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Stamp Duty (Amendment) Bill 1999
The Secretary for the Treasury moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Adaptation of Laws (No.5) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 11 November 1998 resumed.
Question on the Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Committee Stage
The Council went into Committee and considered the Adaptation of Laws (No.5) Bill 1998.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 2, 3, 5 and 6 stand part of the Bill proposed, put and agreed to.
Question that schedules 1 and 4 stand part of the Bill proposed.
The Chief Secretary for Administration moved amendments to schedules 1 and 4 and addressed the Committee.
Question on the amendments put and agreed to.
The Chairman stated that as the amendment to schedule 1, which dealt with deletion, had been agreed, schedule 1 was therefore deleted from the Bill.
Question that schedule 4, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Chief Secretary for Administration reported that
the Adaptation of Laws (No.5) Bill 1998
had passed through Committee with amendments. She moved that the Bill be read the third time and do pass.
Question on the Third Reading proposed, put and agreed to.
Bill read the third time and passed.
Adaptation of Laws (No.9) Bill 1998
Resumption of Second Reading debate
The debate on the Second Reading which had been moved on 25 November 1998 resumed.
Question on the Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Committee Stage
The Council went into Committee and considered the Adaptation of Laws (No.9) Bill 1998.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 1, 3 and 4 stand part of the Bill proposed, put and agreed to.
Question that schedules 2, 5 to 14 stand part of the Bill proposed.
The Secretary for Financial Services moved amendments to schedules 2, 5 to 14 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedules 2, 5 to 14, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Financial Services reported that
the Adaptation of Laws (No.9) Bill 1998
had passed through Committee with amendments. She moved that the Bill be read the third time and do pass.
Question on the Third Reading proposed, put and agreed to.
Bill read the third time and passed.
Members' Motions
Protecting the environment
Hon LAW Chi-kwong moved the following motion and addressed the Council:
That this Council urges the Government, while striving to achieve social and economic developments, to implement a strategy for sustainable development in Hong Kong, having regard to the balance between economic development and environmental protection and their interactive relationship; the strategy should include:
- attaching importance to factors relevant to environmental conservation and sustainable development in formulating various social and economic development plans;
- conducting a full review of and making comprehensive laws and policies on the conservation of natural resources to conserve the ecosystem in Hong Kong and enhance its environmental quality, thereby strengthening Hong Kong's economic competitiveness and creating a good living environment for the next generation in Hong Kong;
- adopting appropriate economic tools and taxation policies so that the prices of commodities, services and development plans can fully reflect their environmental costs and provide resources for the promotion of green efforts;
- using economic means such as introducing private participation and competition to expedite the implementation of infrastructural projects for environmental protection; and
- apart from strengthening the co-operation with the Mainland authorities in promoting environmental protection work, enhancing the co-ordination among various policy bureaux and enforcement departments within the Government as the first step and at the same time encouraging and facilitating the participation of the general public, district bodies and non-governmental organizations in planning, formulating and implementing environmental protection policies.
Question on Hon LAW Chi-kwong's motion proposed.
The President stated that Hon LAU Kong-wah would move an amendment to the motion. In accordance with the Rules of Procedure, the motion and the amendment would be debated together in a joint debate.
Hon LAU Kong-wah moved the following amendment to Hon LAW Chi-kwong's motion and addressed the Council:
To add ", and specifying the targets for environmental improvement to ensure that the various environmental protection policies can materialize" after "economic development plans"; to add "(3) adopting the most cost-effective methods to solve various environmental problems in formulating environmental protection policies; (4) acknowledging the social service functions of environmental protection industries, and encouraging the development of such industries in Hong Kong through financial subsidy and concrete supporting policies, as well as enhancing the competitiveness of environment-friendly products by introducing appropriate tax concessions and purchasing policies;" after "creating a good living environment for the next generation in Hong Kong;"; to delete "(3)" and substitute with "(5)"; to delete "adopting appropriate economic tools and taxation policies" and substitute with "using economic means such as collecting recovery deposits and landfill charges from the commercial and industrial sectors to make the producers aware of the environmental costs"; to delete "so that the prices"; to add "their" before "commodities"; to delete "can fully reflect their environmental costs and provide resources for the promotion of green efforts" after "services and development plans" and substitute with ", in order to encourage businesses to adopt more environmentally friendly modes of production"; to delete "(4) using economic means such as introducing private participation and competition to expedite the implementation of infrastructural projects for environmental protection; and"; to delete "(5)" and substitute with "(6)"; to delete "apart from strengthening the co-operation with the Mainland authorities in promoting environmental protection work,"; to delete "as the first step" after "enforcement departments within the Government"; and to delete "." from "implementing environmental protection policies." and substitute with "; and (7) strengthening the co-operation with the Mainland authorities in promoting environmental protection work and enhancing transparency to ensure that problems relating to Dongjiang water, air quality and sewage disposal can be fully solved."
Question on Hon LAU Kong-wah's amendment to Hon LAW Chi-kwong's motion proposed.
Two Members spoke on the motion and the amendment.
At 5:23 pm, the President's Deputy took the chair during the temporary absence of the President.
Another 12 Members spoke on the motion and the amendment.
At 6:44 pm, the President resumed the chair.
Four further Members spoke on the motion and the amendment.
Hon LAW Chi-kwong spoke on the amendment.
The Secretary for Planning, Environment and Lands spoke on the motion and the amendment.
Question on Hon LAU Kong-wah's amendment to Hon LAW Chi-kwong's motion put.
Hon LAU Kong-wah claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 25 were present, 11 were in favour of the amendment and 14 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 25 were present, 13 were in favour of the amendment and 11 against it. (Voting record in Appendix I.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the amendment was negatived.
Hon LAW Chi-kwong replied.
Question on Hon LAW Chi-kwong's original motion put and agreed to.
Referendum on the two Municipal Councils
Hon Fred LI moved the following motion and addressed the Council:
That this Council urges the Government to conduct a referendum on the retention or abolition of the two Municipal Councils, which should be held on the same day as the 1999 District Councils Election; this Council also requests the Government to respect the outcome of the referendum.
Question on the motion proposed.
20 Members and the Secretary for Constitutional Affairs spoke on the motion.
Hon Fred LI replied.
Question on the motion put.
Hon Fred LI claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 26 were present, six were in favour of the motion and 20 against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 25 were present, 11 were in favour of the motion and 13 against it. (Voting record in Appendix II.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the motion was negatived.
Next Meeting
The President declared that the next meeting of the Council would be held on 20 October 1999 at 2:30 pm.
The Council was adjourned at 10:05 pm.
(Mrs Rita FAN) President
Council Chamber
Hong Kong
