LegCo Paper No. CB 559/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 20 of 1995/96

Minutes of the sitting held on Wednesday 6 March 1996 at 2.30 p.m.


Present:

    President : The Honourable Andrew WONG Wang-fat, O.B.E., J.P.
    The Honourable Allen LEE Peng-fei, C.B.E., J.P.
    The Honourable Mrs. Selina CHOW LIANG Shuk-yee, O.B.E., J.P.
    The Honourable Martin LEE Chu-ming, Q.C., J.P.
    Dr. the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.
    The Honourable NGAI Shiu-kit, O.B.E., J.P.
    The Honourable SZETO Wah
    The Honourable LAU Wong-fat, O.B.E., J.P.
    The Honourable Edward HO Sing-tin, O.B.E., J.P.
    The Honourable Ronald Joseph ARCULLI, O.B.E., J.P.
    The Honourable Mrs. Miriam LAU Kin-yee, O.B.E., J.P.
    Dr. the Honourable Edward LEONG Che-hung, O.B.E., J.P.
    The Honourable Albert CHAN Wai-yip
    The Honourable CHEUNG Man-kwong
    The Honourable CHIM Pui-chung
    The Honourable Frederick FUNG Kin-kee
    The Honourable Michael HO Mun-ka
    Dr. the Honourable HUANG Chen-ya, M.B.E.
    The Honourable Emily LAU Wai-hing
    The Honourable LEE Wing-tat
    The Honourable Eric LI Ka-cheung, J.P.
    The Honourable Fred LI Wah-ming
    The Honourable Henry TANG Ying-yen, J.P.
    The Honourable James TO Kun-sun
    Dr. the Honourable Samuel WONG Ping-wai, M.B.E., F.Eng., J.P.
    Dr. the Honourable Philip WONG Yu-hong
    Dr. the Honourable YEUNG Sum
    The Honourable Howard YOUNG, J.P.
    The Honourable Zachary WONG Wai-yin
    The Honourable Christine LOH Kung-wai
    The Honourable James TIEN Pei-chun, O.B.E., J.P.
    The Honourable LEE Cheuk-yan
    The Honourable CHAN Kam-lam
    The Honourable CHAN Wing-chan
    The Honourable CHAN Yuen-han
    The Honourable Andrew CHENG Kar-foo
    The Honourable Paul CHENG Ming-fun
    Dr. the Honourable Anthony CHEUNG Bing-leung
    The Honourable CHEUNG Hon-chung
    The Honourable CHOY Kan-pui, J.P.
    The Honourable David CHU Yu-lin
    The Honourable Albert HO Chun-yan
    The Honourable IP Kwok-him
    The Honourable LAU Chin-shek
    The Honourable Ambrose LAU Hon-chuen, J.P.
    Dr. the Honourable LAW Cheung-kwok
    The Honourable LAW Chi-kwong
    The Honourable LEE Kai-ming
    The Honourable LEUNG Yiu-chung
    The Honourable Bruce LIU Sing-lee
    The Honourable LO Suk-ching
    The Honourable MOK Ying-fan
    The Honourable Margaret NG
    The Honourable NGAN Kam-chuen
    The Honourable TSANG Kin-shing
    Dr. the Honourable John TSE Wing-ling
    The Honourable Lawrence YUM Sin-ling

Absent:

    The Honourable CHENG Yiu-tong
    The Honourable SIN Chung-kai
    The Honourable Mrs. Elizabeth WONG CHIEN Chi-lien, C.B.E., I.S.O., J.P.

In attendance:

The Honourable Mrs. Anson CHAN, C.B.E., J.P.
The Chief Secretary
The Honourable Donald TSANG Yam-kuen, O.B.E., J.P.
The Financial Secretary
The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
The Attorney General
Mr. Michael SUEN Ming-yeung, C.B.E., J.P.
Secretary for Home Affairs
Mr. Haider Hatim Tyebjee BARMA, I.S.O., J.P.
Secretary for Transport
Mr. Dominic WONG Shing-wah, O.B.E., J.P.
Secretary for Housing
Mrs. Katherine FOK LO Shiu-ching, O.B.E., J.P.
Secretary for Health and Welfare
Mr. Joseph WONG Wing-ping, J.P.
Secretary for Education and Manpower
Miss Denise YUE Chung-yee, J.P.
Secretary for Trade and Industry
Mr. Bowen LEUNG Po-wing, J.P.
Secretary for Planning, Environment and Lands
Mr. LEE Shing-see, J.P.
Secretary for Works
Mrs. Carrie YAU TSANG Ka-lai, J.P.
Secretary for Security

Clerks to the Legislative Council:

    Mr. Ricky FUNG Choi-cheung, Secretary General
    Mr. LAW Kam-sang, Deputy Secretary General



PAPERS

The following papers were laid on the table pursuant to Standing Order 14(2):

Subsidiary Legislation

L.N. No.

1. Child Care Centres (Amendment) Regulation 1996

79/96

2. Food and Drugs (Composition and Labelling) (Amendment) Regulation 1996

80/96

3. Water Pollution Control (Victoria Harbour (Phase Three) Water Control Zone) Order

81/96

4. Water Pollution Control (Victoria Harbour (Phase Three) Water Control Zone) (Appointed Days) Order

82/96

5. Statement of Water Quality Objectives (Victoria Harbour (Phase Three) Water Control Zone)

83/96

6. Hong Kong Academy of Medicine Ordinance (Amendment of Schedule) Order 1996

101/96

7. Solicitors' Practice (Amendment) Rules 1996

102/96

8. Travel Industry Compensation Fund (Procedure for Ex Gratia Payments) (Amendment) Rules 1996

103/96

9. Travel Industry Compensation Fund (Amount of Ex Gratia Payments and Financial Penalty) (Amendment) Rules 1996

104/96

10. Criminal Procedure (Amendment) Ordinance 1995 (69 of 1995) (Commencement) Notice 1996

105/96

11. Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 1996 (L.N. 17 of 1996) (Commencement) Notice 1996

106/96

12. District Court Civil Procedure (General) (Use of Language) Rules (L.N. 589 of 1995) (Commencement) Notice 1996

107/96

13. Matrimonial Causes (Amendment) Rules 1995 (L.N.590 of 1995) (Commencement) Notice 1996

108/96

14. Employees' Compensation (Rules of Court) (Amendment) Rules 1995 (L.N. 591 of 1995) (Commencement) Notice 1996

109/96

15. Lands Tribunal (Amendment) Rules 1995 (L.N. 592 of 1995) (Commencement) Notice 1996

110/96

16. Criminal Appeal (Amendment) Rules 1995 (L.N. 53 of 1996) (Commencement) Notice 1996

111/96

17. Criminal Procedure (Appeal Against Discharge) (Amendment) Rules 1995 (L.N. 55 of 1996) (Commencement) Notice 1996

112/96

18. Criminal Procedure (Applications Under Section 16) (Amendment) Rules 1995 (L.N. 57 of 1996) (Commencement) Notice 1996

113/96

19. Criminal Procedure (Reference of Questions of Law) (Amendment) Rules 1995 (L.N. 59 of 1996) (Commencement) Notice 1996

114/96

20. Official Languages (Authentic Chinese Text) (Maintenance Orders (Reciprocal Enforcement) Ordinance) Order

(C) 15/96

21. Official Languages (Authentic Chinese Text) (Traffic Accident Victims (Assistance Fund) Ordinance) Order

(C) 16/96

22. Official Languages (Authentic Chinese Text) (Third Parties (Rights Against Insurers) Ordinance) Order

(C) 17/96

23. Official Languages (Authentic Chinese Text) (Tax Reserve Certificates Ordinance) Order

(C) 18/96

24. Official Languages (Alteration of Text) (Electoral Provisions Ordinance) Order 1996

115/96

25. Official Languages (Alteration of Text) (Legislative Council (Electoral Provisions) Ordinance) Order 1996

116/96

26. Administration of Justice (MiscellaneousProvisions) Ordinance 1995 (13 of 1995) (Commencement) Notice 1991

17/966

27. Official Languages (Authentic Chinese Text) (Electoral Provisions Ordinance) Order

(C) 19/96

28. Official Languages (Authentic Chinese Text) (Legislative Council (Electoral Provisions) Ordinance) Order

(C) 20/96

29. Pilotage (Amendment) Order 1996

118/96

30. Securities (Exchange¾Traded Stock Options) (Amendment) Rules 1996

119/96

31. Tax Reserve Certificates (Rate of Interest) Notice 1996

120/96

32. Residential Care Homes (Elderly Persons) Ordinance (Cap.459) (Commencement) Notice 1996

121/96

Sessional Papers 1995/96

No. 63

-

Draft Estimates for the year ending 31 March 1997; Volume IA and Volume IB - General Revenue Account

No. 64

-

Draft Estimates for the year ending 31 March 1997; Volume II - Fund Accounts

QUESTIONS

Written replies to Questions 1 to 19 were tabled for Members’ information.

BILL

FIRST READING

APPROPRIATION BILL 1996

The bill was read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).

SECOND READING

APPROPRIATION BILL 1996

The Financial Secretary moved the second reading and addressed the Council.

Question on the second reading proposed. The President stated that in accordance with Standing Orders 54(2), the debate on the second reading of the above bill was adjourned. Arrangements had been made for the Finance Committee to examine the draft Estimates in the meantime.

The President suspended the sitting at 4:25 p.m.

The Council resumed at 5:25 p.m.

MEMBER'S MOTIONS

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW moved the following motion and addressed the Council:

That the Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1996, published as Legal Notice No. 40 of 1996 and laid on the table of the Legislative Council on 24 January 1996, be amended in section 2 by repealing paragraphs (a) to (k).

Question on Mrs. Selina CHOW's motion proposed.

The President stated that Mr. WONG Wai-yin had given notice to move a motion under the Interpretation and General Clauses Ordinance to amend the same order, that is, the Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1996. As the contents of Mrs. Selina CHOW's and Mr. WONG Wai-yin's motions related to the same subject, he proposed that the two motions be debated together in a joint debate. There being no dissenting voice, the President ordered that the two motions be debated together in a joint debate.

Mr. WONG Wai-yin spoke on Mrs. Selina CHOW's motion as well as on his own motion.

Five Members spoke on both motions.

Mr. WONG Wai-yin spoke for the second time at the invitation of the President.

Three further Members and the Secretary for Transport spoke on both motions.

Mrs. Selina CHOW replied.

Question on Mrs. Selina CHOW’s motion put. The President stated that he thought the motion had been negatived.

Mr. TSANG Kin-shing and Mr. WONG Wai-yin claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 25 votes for the motion and 29 votes against it. (Voting record in Annex I.) He declared that Mrs. Selina CHOW’s motion was negatived.

With the consent of the President, Dr. C.H. LEONG rose to move the following motion without notice:

That in the event of further divisions being claimed in respect of the remaining motions to be moved under the Interpretation and General Clauses Ordinance at this sitting, Standing Order 36(4) be suspended so that the President may order that the Council do proceed to each of such divisions immediately after the division bell has been rung for one minute.

Question on the motion proposed, put and agreed to.

Mr. WONG Wai-yin moved the following motion:

That the Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1996, published as Legal Notice No. 40 of 1996 and laid on the table of the Legislative Council on 24 January 1996, be amended in section 2(1) by repealing, in the new item 4A, "$125" and substituting "$100".

Question on Mr. WONG Wai-yin’s motion proposed and put. The President stated that he thought the motion had been negatived.

Mr. WONG Wai-yin and Mr. LEE Wing-tat claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 25 votes for the motion and 29 votes against it. (Voting record in Annex II.) He declared that Mr. WONG Wai-yin's motion was negatived.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW moved the motion in Annex III and addressed the Council.

Question on the motion proposed.

Five Members and the Secretary for Planning, Environment and Lands spoke on the motion.

Mrs. Selina CHOW replied.

Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been carried.

Mr. Albert CHAN and Mr. LEE Wing-tat claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 22 votes for the motion and 28 votes against it. (Voting record in Annex IV.) He declared that Mrs. Selina CHOW's motion was negatived.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW moved the following motion and addressed the Council:

That the Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 42 of 1996 and laid on the table of the Legislative Council on 24 January 1996, be repealed.

Question on the motion proposed.

One Member and the Secretary for Planning, Environment and Lands spoke on the motion.

Question on Mrs. Selina CHOW's motion put. The President stated that he thought the motion had been negatived.

Mr. James TIEN claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were seven votes for the motion and 41 votes against it. (Voting record in Annex V.) He declared that Mrs. Selina CHOW's motion was negatived.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mrs. Selina CHOW moved the following motion and addressed the Council:

That the Minor Employment Claims Adjudication Board (Fees) (Amendment) Rules 1996, published as Legal Notice No. 67 of 1996 and laid on the table of the Legislative Council on 7 February 1996, be repealed.

Question on the motion proposed.

One Member and the Secretary for Education and Manpower spoke on the motion.

Question on Mrs. Selina CHOW's motion put and agreed to.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 13 March 1996.

Adjourned accordingly at twenty-seven minutes past seven o’clock.


Last Updated on 29 July 1999