The LegCo Reporter
2004-2005
Issue No. 26 (30 June 2005)



At its meeting on 29 June 2005, the Legislative Council passed the following eight bills:

(1)Statute Law (Miscellaneous Provisions) Bill 2005, with amendments proposed by the Secretary for Justice at Committee Stage.

(2)Supplementary Appropriation (2004-2005) Bill.

(3)Companies (Amendment) Bill 2004, with amendments proposed by the Secretary for Financial Services and the Treasury at Committee Stage.

(4)Transfer of Sentenced Persons (Amendment) (Macau) Bill.

(5)Aviation Security (Amendment) Bill 2005.

(6)Child Care Services (Amendment) Bill 2005, with amendments proposed by the Secretary for Health, Welfare and Food at Committee Stage.

(7)Undesirable Medical Advertisements (Amendment) (No. 2) Bill 2004, with amendments proposed by the Secretary for Health, Welfare and Food at Committee Stage.

(8)The Methodist Church, Hong Kong, Incorporation (Amendment) Bill 2005.


At the same meeting, the Council passed the following two resolutions:

(1)Resolution moved by the Secretary for the Environment, Transport and Works relating to the Road Traffic (Traffic Control) (Amendment) Regulation 2005 and the Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 2005.

(2)Resolution moved by the Secretary for Health, Welfare and Food relating to the Pharmacy and Poisons (Amendment) (No. 2) Regulation 2005 and the Poisons List (Amendment) (No. 2) Regulation 2005.


The following motion with no legislative effect was also passed by the Council:

    Motion on "Enhancing the regulation of commercial marketing practices", moved by Hon CHAN Kam-lam as amended by Hon James TO Kun-sun

    "That, as the practice of direct marketing has become increasingly prevalent in commercial activities and has given rise to such problems as consumers receiving lots of nuisance telephone calls and obstruction of access by on-street promotional activities, and as the number of consumers' complaints about being misled or deceived by salespersons are also on the increase, in order to safeguard consumers' rights and interests, this Council urges the Government to adopt measures to enhance the regulation of commercial marketing practices, including:
    (a)establishing a system for 'blocking promotional calls';
    (b)conducting a study on requiring telecommunication companies to provide customers with services to filter spam promotional calls or short messages, including defining the term 'spam';
    (c)requiring the departments concerned to strictly enforce the relevant legislative provisions, so as to prevent excessive nuisance to the public caused by on-street promotional activities;
    (d)encouraging commercial clients to simplify the provisions of their contracts with customers, so as to make the provisions more explicit and enhance their transparency;
    (e)exploring the provision of a cooling-off period in the contracts, so as to allow time for consumers to consider the features of the service plans and decide whether or not ultimately to accept the services; and
    (f)raising penalties in order to impose severe punishments against misleading or deceptive marketing behaviours."