LegCo Paper No. CB(2) 1736/95-96
Ref : CB2/H/5
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(LegCo Paper No. CB(2) 1660/95-96)
The minutes were confirmed subject to the amendment to the Chinese version of the minutes - in the last paragraph of item 8(b) on page 10, " " should read " ".
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The Chairman advised members that by the close of this LegCo session, the number of Bills Committees in action and on the waiting list would total 30, and that according to the Administration, about 95 bills would be introduced in the next session. He sought members' views as to whether scrutiny of bills should continue during the summer recess subject to the availability of Members.
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In response to Miss Emily LAU, Secretary General said that Members had been advised of details of the renovation work in the LegCo Building during the summer recess. These included :
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- Conference Room A would be converted into an additional press conference room and would not be available for use as from 11.7.96.
- The Legal Service Division's present offices would be converted into a new conference room. All Member's rooms, Room 218 and the Dining Hall would not be available for use from 11.7.96 until further notice, as these would become temporary offices for staff of the Legal Service Division. Renovation work would take place on the ground floor during summer to provide new offices for the Division.
- The Chamber would be closed for two weeks in early September for installing facilities for disabled persons.
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The Secretary General said that the only venue available throughout summer for open meetings was Conference Room B. However, because of the tight schedule, renovation work in other parts of the building would have to be carried out during daytime, and would inevitably cause some disturbance. He added that arrangements could be made for meetings to be held in the Conference Room in Central Government Offices (New Annex).
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In response to members, the Chairman said that in the past, meetings of Panels and Bills Committees were held during the summer recess, if necessary. The Chairman asked members to provide the Secretariat with their tentative leave plans so that a decision could be made at the next House Committee meeting on whether meetings should he held during the coming summer recess. This was agreed.
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PASA
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The Chairman suggested that to expedite scrutiny of bills, after a Bills Committee had concluded its study during the summer recess, and pending its report to the House Committee, the slot should be vacated for the next Bills Committee on the waiting list. In line with the normal practice, a circular would be issued to invite interested Members to join any Bills Committee which had been activated. Members agreed.
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All CASs in CBD1 and 2
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The Chairman said that the Administration had decided to defer the first reading of the Bill until further notice, as it needed to resolve some technical issues with the Chinese side.
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The Chairman said that according to the latest information from the LegCo London Office, the likelihood of a debate on Hong Kong was slim. The Chairman said that he would write to the Prime Minister to press for a debate. In addition, as Mr Ronald ARCULLI would be in London the following week, he suggested and members agreed that Mr ARCULLI should take the opportunity to raise the matter with senior British officials. The LegCo London Office would be asked to make the necessary arrangements.
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(Post-meeting note : The letter to the Prime Minister was issued on 2.7.96.)
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(LegCo Paper No. LS 177/95-96)
Members agreed to support the subsidiary legislation.
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The Chairman said that the subsidiary legislation gazetted during the summer recess would be considered in the next LegCo session.
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The Chairman said that in line with past practice, a special House Committee meeting would be held before the commencement of the new LegCo session mainly for electing the Chairman and Deputy Chairman of the House Committee and wrapping up business for the 1995/96 session. He suggested and members agreed to hold two special House Committee meetings on 20.9.96 and 27.9.96 for such purposes.
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(LegCo Paper No. CB(2) 1681/95-96)
Members noted the report.
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The Chairman said that the Administration had provided a priority list for Government bills currently on the waiting list and those introduced into LegCo on 26.6.96 (tabled at the meeting and at Appendix I). Members agreed to the recommended priority. Taking into account the explanation provided by the Administration, members also agreed to activate the following five Bills Committees:
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(a) Banking (Amendment) Bill 1996
(b) Immigration (Amendment) (No 2) Bill 1996
(c) Companies (Amendment) Bill 1996
(d) New Territories Land Exchange Entitlements (Redemption) Bill
(e) Fire Safety (Commercial Premises) Bill
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In response to Miss Margaret NG and Mr Ronald ARCULLI, the Chairman agreed to request the Chief Secretary to provide a list of bills which must be passed before 1.7.97.
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Chairman
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(LegCo Paper No. LS 181/95-96)
Members noted that Mr Edward HO, the Member in charge of the Bill would move some technical amendments to the Bill and agreed that the resumption of Second Reading debate on the Bill would take place on 10.7.96.
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(LegCo Papers Nos. LS 182 & 186/95-96)
The Chinese version of LegCo Paper No. LS 186/95-96, a submission from the Taxation Institute of Hong Kong and the Administration's response to the submission were tabled at the meeting (at Appendices II, III & IV respectively.)
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Mr Eric LI Ka-cheung said that apart from the three professional bodies which submitted their comments on the Bill to LegCo, he had just received another submission from the Stock Exchange of Hong Kong (SEHK) relating to similar concerns about the "associate" restriction under section 20AA. Mr LI added that in response to the concerns raised by the three professional bodies, the Administration had already agreed to reflect in the resumed Second Reading debate on the Bill the legislative intent of the Bill and to issue Practice Notes to clarify the issue relating to the operation of the associate exclusion. The three professional bodies were satisfied with the approach adopted by the Administration. Mr LI further informed members that as the SEHK recognized that to propose a further amendment at this stage might delay the Bill, and hence the implementation of other provisions in the Bill which were of equal importance to the industry, it had requested the Administration to consider appropriate amendments to section 20AA when a suitable opportunity arose. The SEHK hoped that it would be able to advise its members effectively on the proper operation of the relevant provisions of the Bill when the Commissioner of Inland Revenue issued the Practice Notes.
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Having regard to Mr LI's report, members agreed that the resumption of Second Reading debate on the Bill should take place at the sitting on 10.7.96.
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(LegCo Paper No. LS 184/95-96)
Members noted that the Administration would move some amendments to the Chinese text of the Bill, and agreed that the resumption of Second Reading debate on the Bill should take place on 10.7.96. | |
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(LegCo Paper No. LS 185/95-96)
Members noted the report and agreed that the Bill should have its Second Reading debate resumed at the sitting on 10.7.96.
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The Chairman advised members that the deadline for giving notice of Committee Stage amendments, if any, to the above Bills was 1.7.96.
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(LegCo Paper No. LS 183/95-96)
The Legal Adviser said that the Bill had raised a number of issues which members might wish to study in more detail. Miss Margaret NG suggested and members agreed to set up a Bills Committee. The following members agreed to join : Mr Ronald ARCULLI, Mr James TO Kun-sun, Mr Andrew CHENG Kar-foo, Mr Albert HO Chun-yan, Dr LAW Cheung-kwok, Mr Bruce LIU Sing-lee and Miss Margaret NG. Mr Albert HO Chun-yan said that Mr Fred LI Wah-ming, who was not at the meeting, would also join the Bills Committee.
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(LegCo Paper No. LS 180/95-96)
Members noted the report.
Miss Margaret NG said that the Bar Association had no objection to the proposed amendment to the Supreme Court Ordinance to enable solicitors to be appointed as recorders and to enable the appointment of temporary deputy registrars and assistant registrars. It was however concerned whether rules and guidelines had been established to prevent conflict of interest in respect of lawyers in the private practice taking up these temporary appointments.
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The Legal Adviser said that he would seek further information from the Administration.
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Miss Margaret NG was also concerned about the rationale for amending the Jury Ordinance to dispense with the requirement for the Registrar of the Supreme Court to state to the High Court or a High Court judge his reasons for excusing a person from attending on a jury. The Legal Adviser replied that the Administration considered the requirement outdated, but undertook to seek further clarification from the Administration.
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Members agreed to defer a decision on the Bill, pending a further report from the Legal Adviser.
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(LegCo Paper No. LS 179/95-96)
The Legal Adviser said that the Bill contained issues of public importance, and recommended that a Bills Committee be set up. This was agreed. The following members agreed to join : Mr Eric LI Ka-cheung, Mr LAW Chi-kwong and Mr Bruce LIU Sing-lee.
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(LegCo Paper No. LS 174/95-96)
As the Bill introduced substantial and significant changes to child care services in Hong Kong, the Legal Adviser recommended and members agreed to set up a Bills Committee to study the Bill. The following members agreed to join : Dr LEONG Che-hung, Mr Ronald ARCULLI, Mr Michael HO Mun-ka, Mr Eric LI Ka-cheung and Mr LAW Chi-kwong.
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(LegCo Paper No. LS 178/95-96)
Members agreed that the resumption of Second Reading debate on the Bill should take place at the sitting on 10.7.96.
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(LegCo Paper No. CB(3) 955/95-96)
The Chairman informed members that Dr YEUNG Sum, Mr LO Suk-ching and Dr John TSE Wing-ling had submitted new questions before the deadline for giving notice of questions.
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Motion under section 34(2) of the Interpretation and General Clauses Ordinance relating to the District Court Equal Opportunities Rules - to be moved by Mr LEE Cheuk-yan
The Legal Adviser advised members that Mr LEE Cheuk-yan would move a resolution to amend the above Rules which regulated the practice of the District Court in proceedings under the Sex Discrimination Ordinance and the Disability Discrimination Ordinance.
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(LegCo Paper No. CB(3) 956/95-96)
20 questions (six oral and 14 written) had been tentatively scheduled.
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No statement had been notified.
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No motion had been notified.
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- Employment (Amendment) (No 3) Bill 1996\
- Employees' Compensation (Amendment) (No 2) Bill 1996
The Chairman informed members that the above Bills would be introduced into LegCo on 10.7.96 and considered by the House Committee on 20.9.96 or 29.9.96.
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He also advised members that Mr LAU Chin-shek's Equal Opportunities (Family Responsibility, Sexuality and Age) Bill would be introduced into LegCo on 10.7.96, instead of 3.7.96.
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Non-Local Higher and Professional Education (Regulation) Bill
The Chairman said that the Bills Committee had reported to the House Committee on 15.3.96 and that the Legal Service Division was now scrutinizing the Committee Stage amendments proposed by the Administration. He reminded members that the deadline for giving notice of Committee Stage amendments, if any, to the Bill was 1.7.96.
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The Chairman advised members that the deadline for giving notice of amendments to the above motions, if any, was 3.7.96 and that the usual speaking arrangement should apply.
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(LegCo Paper No. CB(1) 1701/95-96)
Members noted that the Subcommittee had made a verbal report at the last meeting.
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In response to Miss Emily LAU, Ó©úÅé01Mrs Selina CHOW and Mr John TSE Wing-ling explained that agenda item 8(f) above and this item were two different issues. The motion debate on "Review of Sewage Services Trading Fund" under item 8(f) to be held on 10.7.96 covered a wider scope and would enable Members to debate the overall policy of the Sewage Services Trading Fund, while the resolution to be moved to repeal the two Regulations under this item on 3.7.96 only focused on the proposed annual increases in sewage charge and trade effluent surcharge.
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Mrs Selina CHOW, chairman of the Subcommittee, reported that the Subcommittee had held two meetings including one with the hotel and guesthouse industry which had expressed opposition to the Regulation. Mrs CHOW said that it was also the unanimous view of the Subcommittee not to support the Regulation because :
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- the proposed increase in licence fees was substantial, and in the case of large hotels, the increase was over ten times in three years;
- the proposed structure of the revised scale of fees was considered unreasonable; and
- there was no differentiation between the fees for initial issue of a licence and subsequent renewal of a licence, and between the licence fees of hotels and those of guesthouses.
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Mrs CHOW said that she would move a motion in her capacity as chairperson of the Subcommittee to repeal the Regulation on 10.7.96. The Subcommittee also recommended that the Panel on Home Affairs should follow-up members' concern on "one-stop licence" for various ancillary facilities in hotels.
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Mr SIN Chung-kai informed members that the Democratic Party would support the proposed revision of fee for guesthouses with 1-5 rooms, as the revision would result in a reduction of fee.
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(LegCo Paper No. CB(3) 929/95-96)
Miss Emily LAU, deputy chairman of the Subcommittee, reported that the proposed visit to the Australian Parliament was scheduled for 8-15 September 1996. A sum of $300,000 earmarked for the visit would be able to finance a delegation of up to seven Members and one staff member. In the event that more than seven Members joined the visit, expenses in excess of the approved provision should be shared amongst participating Members. She added that in her recent visit to Australia, Members of the Parliament had indicated that it might be possible to arrange a debate on Hong Kong during the visit period.
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Members endorsed the recommendation of the Subcommittee. The Secretariat would issue a circular to invite interested Members to join the visit.
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(LegCo Paper No. CB(1) 1664/95-96)
Miss CHAN Yuen-han, chairman of the Subcommittee, reported and drew members' attention to paragraphs 14 and 15 of the paper concerning the Dutiable Commodities (Liquor) Regulations. She said that the Subcommittee was in support of the Administration's proposal to move the three resolutions at the sitting on 3.7.96, subject to the House Committee's view and the President's permission to waive the notice requirement in respect of the resolutions.
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Members agreed that a recommendation should be made to the President.
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ASG3
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(LegCo Paper No. CB(1) 1702/95-96)
Mr Ronald ARCULLI, chairman of the Bills Committee, reported that the Bills Committee had agreed to support all the Committee Stage amendments to be moved by the Administration to improve the system of registration of building professionals and safety control over building works and sites with works in progress, except the clause relating to criminal sanction. He said that Mr Edward HO would move a Committee Stage amendment to delete the clause on behalf of the Bills Committee.
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Members agreed that the Bill should have its Second Reading debate resumed on 10.7.96.
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(LegCo Paper No. CB(1) 1700/95-96)
Mr Albert CHAN Wai-yip, chairman of the Bills Committee, reported on the deliberations of the Bills Committee. He added that in response to the Bills Committee, the Administration would move Committee stage amendments to the Bill.
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Members agreed to support the recommendation of the Bills Committee that the Second Reading debate of the Bill be resumed on 10.7.96.
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(LegCo Paper No. CB(2) 1695/95-96)
Mr James TO Kun-sun, chairman of the Bills Committee, referred members to the paper and said that the Bills Committee had agreed to support all the Committee Stage amendments (CSAs)to be moved by the Administration except those relating to subsections (2) and (3) of section 30 of the Ordinance. Miss Christine LOH and the Bills Committee would propose CSAs to subsections (2) and (3) respectively. The Bills Committee had reserved its position on the two sets of CSAs to subsection (2), to be moved by the Administration and Miss LOH separately.
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Mr James TO advised members that the Administration had just revised the wording of the proposed CSAs referred to point (b) on page 18 of Appendix 5 to the report and it should now read "a serious threat to the public order or to the security of Hong Kong or to the health or safety of the public".
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Members agreed that the resumption of the Second Reading debate on the Bill should take place on 10.7.96.
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(LegCo Paper No. CB(2) 1667/95-96)
Mr Ambrose LAU Hon-chuen, chairman of the Bills Committee, reported on the deliberations of the Bills Committee.
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Members agreed that the resumption of the Second Reading debate on the Bill should take place on 10.7.96.
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(LegCo Paper No. CB(2) 1689/95-96)
Miss Emily LAU, chairman of the Bills Committee, referred members to the paper and recommended that the Second Reading debate on the Bill should resume on 10.7.96. Members agreed.
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(LegCo Paper No. CB(2) 1693/95-96)
Mr IP Kwok-him, chairman of the Panel on Public Service, reported that the Panel was gravely concerned about the lack of progress on the subject of common terms of appointment and conditions of service for local and overseas staff in the Civil Service, and sought members' support for the Chairman to write to the Sino-British Joint Liaison Group urging early discussion of the matter.
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The Panel's recommendation was endorsed.
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(Post-meeting note : The letters to the British and Chinese Senior Representatives of the Sino-British Joint Liaison Group were issued on 2.7.96.)
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(LegCo Paper No. CB(2) 1688/95-96)
Miss Emily LAU, chairman of the Panel on Information Policy, reported that the Panel was dissatisfied that the Administration had decided to go ahead with the pilot scheme on display of publicity materials in Wanchai, despite the concerns and reservations of Panel members.
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Mr LEUNG Yiu-chung said that he had suggested that the Administration to adopt a simpler way to deal with the issue i.e. except at "prohibited locations" to be named specifically by the Administration, display of publicity materials would be allowed in all other public areas. Miss LAU said that Mr LEUNG's suggestion had not been discussed in detail by the Panel.
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Dr John TSE Wing-ling said that he had the following reservations about the pilot scheme : the criteria for evaluating the pilot scheme were unclear, allocation of display spots by ballot at specific intervals was not flexible, and the number of display boards allowed was too small. Mr LEUNG Yiu-chung said that the Administration had advised that it would evaluate the pilot scheme by merely looking at whether or not there were public complaints.
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After some discussion, Mrs Selina CHOW and Miss Emily LAU suggested and members agreed that the Administration be requested to consult the views of users, in addition to LegCo Members, before proceeding with the pilot scheme.
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The Chairman agreed to raise the matter with the Chief Secretary.
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Chairman
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Mr Edward HO, chairman of the Bills Committee, said that the Bill sought to empower the Commissioner for Labour to issue notices to proprietors of industrial undertakings to order improvement to, or immediate suspension of, any dangerous operation. The Administration had written to the Bills Committee requesting it to expedite scrutiny of the Bill for passage within this session. While the Bills Committee hoped to conclude deliberations of the Bill at its next meeting on 1.7.96, there were divergent views on the proposed amendments to the Bill. Mr HO added that the Bills Committee aimed at reporting to the House Committee on 5.7.96 with a recommendation that the Bill should have its Second Reading debate resumed on 10.7.96. As the deadline for giving notice of CSAs for the sitting on 10.7.96 was 1.7.96, he sought the House Committee's endorsement to request the President to waive the notice requirement. Members agreed.
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ASG3
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(LegCo Paper No. CB(3) 921/95-96)
The Chairman referred members to the paper which set out the sitting dates of the 1996/97 Session.
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On behalf of Members of the Democratic Party, Dr YEUNG Sum expressed regret that the President had advised the media of the date of the last sitting in the 1996/97 Session before the House Committee was consulted, and that scheduling the last sitting in June was a departure from past practice. He reiterated that the stance of Members of the Democratic Party was that a provisional legislature could not replace the lawfully constituted Legislative Council and that the present composition of the Legislative Council should be retained after June 1997.
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Miss Emily LAU said that it had been a practice for the President to decide on the sitting dates of the Council and to notify Members for information only. While she agreed with some members' view that it would be desirable for the House Committee to be consulted beforehand in view of the controversy surrounding the end date of the next LegCo session, she pointed out that the President had no legal power to appoint dates for LegCo sittings beyond 30.6.97, as explained in the paper. She said that Members' stance on the provisional legislature and the fact that the Legislative Council had to be dissolved on 1.7.97 were two separate issues. Her view was echoed by Mr IP Kwok-him.
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In response to the Chairman, the Secretary General said that it was the power of the Governor to appoint the end date of a LegCo session, and that of the President to appoint the sitting dates within the session under Standing Order 7.
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The Chairman agreed to reflect members' views on the matter to the President.
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Chairman
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In response to Mr Ronald ARCULLI, the Deputy Secretary General said that after consultation with the Financial Secretary, the first Budget sitting was scheduled on the second Wednesday in March i.e. on 12.3.97, instead of on the first Wednesday in March as in the past, and as a result, the second and third Budget sittings would have to be held after the Easter recess. In response to members, the Chairman agreed to raise the matter with the Chief Secretary.
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Chairman
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The Chairman said that this item had been dealt with under agenda item 2(a).
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(A letter dated 26.6.96 from Mr CHEUNG Hon-chung)
Referring members to his note, Mr CHEUNG Hon-chung sought members' agreement for the Chairman to write to the Home Office of the British Government to express regret about the handling of Mr TONG's case by the British authorities i.e. the use of unnecessary force in his arrest without regard to his medical condition, and to urge that the case be handled in a fair and humanitarian manner.
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Mr LAU Chin-shek said that 48 LegCo Members had signed a petition urging Mr John Major to allow Mr TONG to remain in Britain on humanitarian grounds. According to the latest information received, Mr TONG was being held in a detention centre near the airport, pending the outcome of Mrs TONG's application for the family to be allowed to stay in Ireland. He suggested that a letter be sent to the British Government requesting that Mr TONG be allowed to stay with his family in Britain on humanitarian grounds.
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In response to Miss Emily LAU, Mr CHEUNG clarified that it might not be appropriate for members to interfere with the British Government's immigration policy; his proposal was merely to urge that Mr TONG be accorded equitable and humanitarian treatment in the process of repatriation. Having regard to Mr LAU Chin-shek's advice on the latest position of the case, he suggested that the British Government be requested to defer taking any action on Mr TONG's case, pending a decision on the family's application to settle in Ireland.
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Miss Emily LAU suggested that members consider specifically what they intended to achieve by issuing a letter to the British Government. Mr LAU Chin-shek supplemented that in considering the approach to be adopted to assist Mr TONG, members should take note of Mr TONG's expressed wish to stay in Britain with his family.
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Mr Andrew CHENG Kar-foo said that Mr TONG's case had aroused not only concerns of the British community, but also politicians in Britain. In view of Mr TONG's affinity with Hong Kong, his established residency and family ties in Britain, he felt that members should request the British Government to allow Mr TONG to stay in the United Kingdom on grounds of human rights and family reunion. His view was echoed by Dr John TSE Wing-ling.
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While Mr IP Kwok-him and Mr CHENG Yiu-tong cautioned members about the legal aspect of Mr TONG's case, they were in support of the proposal of requesting the British Government to consider allowing Mr TONG to remain in the United Kingdom on humanitarian grounds.
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Having regard to members' views, the Chairman would write to the Prime Minister.
(Post-meeting note : The letter was issued immediately after the meeting.)
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The Chairman said that the Governor had proposed to answer questions on the following topics :
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- Western Corridor Railway;
- Industrial safety; and
- Employment of people with a disability.
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Miss Emily LAU suggested and members agreed that the Governor be invited to answer questions on "Future reporting under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights". The Chairman undertook to convey members' request to the Chief Secretary.
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Chairman |
The meeting ended at 6:00 p.m.
Legislative Council Secretariat
3 July 1996
Dr Hon LEONG Che-hung, OBE, JP (Chairman)
