LegCo Paper No. CB 161/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 5 of 1995/96

Minutes of the sitting held on Wednesday 8 November 1995 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.
    The Honourable SZETO Wah
    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 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
    The Honourable CHENG Yiu-tong
    The Honourable Anthony CHEUNG Bing-leung
    The Honourable CHEUNG Hon-chung
    The Honourable CHOY Kan-pui, J.P.
    The Honourable Albert HO Chun-yan
    The Honourable IP Kwok-him
    The Honourable LAU Chin-shek
    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 MOK Ying-fan
    The Honourable SIN Chung-kai
    The Honourable TSANG Kin-shing
    Dr. the Honourable John TSE Wing-ling
    The Honourable Mrs. Elizabeth WONG CHIEN Chi-lien, C.B.E., I.S.O., J.P.
    The Honourable Lawrence YUM Sin-ling

Absent:

    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 LAU Wong-fat, O.B.E., J.P.
    The Honourable Christine LOH Kung-wai
    The Honourable David CHU Yu-lin
    The Honourable Ambrose LAU Hon-chuen, J.P.
    The Honourable LO Suk-ching
    The Honourable Margaret NG
    The Honourable NGAN Kam-chuen

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. CHAU Tak-hay, C.B.E., J.P.
Secretary for Trade and Industry
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
Mr. Peter LAI Hing-ling, J.P.
Secretary for Security
Mr. KWONG Ki-chi, J.P.
Secretary for the Treasury

Clerks to the Legislative Council:

    Mr. Ricky FUNG Choi-cheung, Secretary General
    Mr. LAW Kam-sang, Deputy Secretary General
    Miss Pauline NG Man-wah, Assistant Secretary General (1)

PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) (Amendment) Regulation 1995

486/95

2. Official Languages (Alteration of Text) (Oaths and Declarations Ordinance) Order 1995

490/95

3. Official Languages (Alteration of Text) (Road Traffic Ordinance) Order 1995

491/95

4. Accountant's Report (Amendment) Rules 1995

492/95

5. Food Business (Regional Council) (Amendment) (No.3) Bylaw 1995

493/95

6. Wills (Amendment) Ordinance 1995 (56 of 1995) (Commencement) Notice 1995

494/95

7. Intestates' Estates (Amendment) Ordinance 1995 (57 of 1995) (Commencement) Notice 1995

495/95

8. Inheritance (Provision for Family and Dependants) Ordinance (58 of 1995) (Commencement) Notice 1995

496/95

9. Births and Deaths Registration Ordinance (Amendment of Second Schedule) Order 1995

497/95

10. Birth Certificate (Shortened Form) Regulations (Amendment) Order 1995

498/95

11. Births Registration (Special Registers) Ordinance (Replacement of Schedules) Order 1995

499/95

12. Deaths Registration (Special Registers) Ordinance (Replacement of Schedules) Order 1995

500/95

13. Marriage Reform (Forms) (Amendment) Regulation 1995

501/95

14. Marriage Ordinance (Amendment of First Schedule) Order 1995

502/95

15. Official Languages (Authentic Chinese Text) (Chit-Fund Businesses (Prohibition) Ordinance) Order

(C) 91/95

16. Official Languages (Authentic Chinese Text) (Demolished Buildings (Re-Development of Sites) Ordinance) Order

(C) 92/95

17. Official Languages (Authentic Chinese Text) (Oaths and Declarations Ordinance) Order

(C) 93/95

18. Official Languages (Authentic Chinese Text) (University of Hong Kong Ordinance) Order

(C) 94/95

19. Official Languages (Authentic Chinese Text) (Road Traffic Ordinance) Order

(C) 95/95

Sessional Papers 1995/96

No. 17

-

Land Development CorporationAnnual Report 1994-1995

No. 18

-

Hong Kong Productivity Council Annual Report 1994/95

No. 19

-

Hong Kong Industrial Technology Centre Corporation Annual Report 1994/95

No. 20

-

The Hong Kong Industrial Estates Corporation Annual Report 1994-1995

No. 21

-

Annual Report of the Director of Accounting Services and the Accounts of Hong Kong for the year ended 31 March 1995

No. 22

-

Report of the Director of Audit on the Accounts of the Hong Kong Government for the year ended 31 March 1995

No. 23

-

Report of the Director of Audit on the Results of Value for Money Audits

QUESTIONS

1. Mr. WONG Wai-yin asked Question 1.

The Secretary for Security replied.

Six Members asked supplementaries and the Secretary for Security replied.

2. Mrs Elizabeth WONG asked Question 2.

The Secretary for Transport replied.

Two Members asked supplementaries and the Secretary for Transport replied.

3. Mr. Eric LI asked Question 3.

The Secretary for Security replied.

Seven Members asked supplementaries and the Secretary for Security replied.

4. Mr. TSANG Kin-shing asked Question 4.

The Secretary for Security replied.

Nine Members asked supplementaries and the Secretary for Security replied.

5. Mr. CHAN Kam-lam asked Question 5.

The Secretary for Housing replied.

Eight Members asked supplementaries and the Secretary for Housing replied.

6. Mr. James TIEN asked Question 6.

The Secretary for Education and Manpower replied.

Six Members asked supplementaries and the Secretary for Education and Manpower replied.

Written replies to Questions 7 to 20 were tabled for Members’ information.

BILLS

FIRST READING

Medical Registration (Amendment) (No.2) Bill 1995

Non-Local Higher and Professional Education (Regulation) Bill

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

SECOND READING

Medical Registration (Amendment) (No.2) Bill 1995

The Secretary for Health and Welfare moved the second reading and addressed the Council.

Non-Local Higher and Professional Education (Regulation) Bill

The Secretary for Education and Manpower moved the second reading and addressed the Council.

PRIVATE MEMBER'S MOTIONS

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Dr. HUANG Chen-ya moved the following motion and addressed the Council:

That in relation to the Leveraged Foreign Exchange Trading (Calls) Rules, published as Legal Notice No. 370 of 1995 and laid on the table of the Legislative Council on 11 October 1995, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance for amending subsidiary legislation be extended under section 34(4) of that Ordinance until 15 November 1995.

Question on the motion proposed, put and agreed to.

REDUCTION OF TAXES

Mr. James TIEN moved the following motion and addressed the Council:

That, in view of the current unfavourable economic and business conditions which Hong Kong is facing and the large reserve the Hong Kong Government has, this Council urges the Government to seriously consider lowering the corporate profits tax and salaries tax immediately in order to stimulate the economy and create more employment.

Question on Mr. James TIEN's motion proposed.

Mr. Chan Kam-lam and Dr. LAW Cheung-kwok addressed the Council on the motion and their proposed amendments respectively.

15 Members spoke on the motion and the amendments.

At 6:25 p.m., the President’s Deputy took the chair during the temporary absence of the President.

Another four Members spoke on the motion and the amendments.

At 6:47 p.m., the President resumed the chair.

A further six Members and the Secretary for the Treasury spoke on the motion and the amendments.

Mr. Chan Kam-lam moved the following amendment to Mr. James TIEN'S motion:

To delete "unfavourable economic and business conditions which Hong Kong is facing" and substitute with "slowing down of the economic growth, the high unemployment rate"; and to delete "seriously consider lowering the corporate profits tax and salaries tax immediately" and substitute with "make good use of its fiscal reserve and raise the personal allowances for salaries tax"

Question on Mr. CHAN Kam-lam's amendment to Mr. James TIEN's motion proposed.

Mr. James TIEN spoke on Mr. CHAN Kam-lam's amendment as well as on Dr. LAW Cheung-kwok's amendment which he would move later.

Question on Mr. CHAN Kam-lam's amendment to Mr. James TIEN's motion put. The President stated that he thought the amendment had been negatived.

Mr. K.K. FUNG, Mr. LEE Wing-tat and Mr. IP Kwok-him claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 16 votes for the amendment and 30 votes against it. (Voting record in Annex I.) He declared that Mr. CHAN Kam-lam's amendment to Mr. James TIEN's motion was negatived.

Dr. LAW Cheung-kwok moved the following amendment to Mr. James TIEN'S motion:

To delete "lowering the corporate profits tax and salaries tax immediately in order to" and substitute with "distributing immediately part of the accumulated fiscal surplus to the residents of Hong Kong on an equitable basis, so as to encourage consumption,"

Question on Dr. LAW Cheung-kwok’s amendment to Mr. James TIEN's motion proposed.

Question on Dr. LAW Cheung-kwok’s amendment to Mr. James TIEN’s motion put. The President stated that he thought the amendment had been negatived.

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

The President announced that there were five votes for the amendment and 41 votes against it. (Voting record in Annex II.) He declared that Dr. LAW Cheung-kwok's amendment to Mr. James TIEN's motion was negatived.

Mr. James TIEN replied.

Question on Mr. James TIEN's motion put. The President stated that he thought the motion had been carried.

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

The President announced that there were 29 votes for the motion and 18 votes against it. (Voting record in Annex III.) He declared that Mr. James TIEN's motion was carried.

HONG KONG'S ECONOMY

Mr. Allen LEE moved the following motion and addressed the Council:

That, as Hong Kong's economy and market conditions show a trend of slowing down and local unemployment figures are on the increase, this Council urges the Government to tackle the root of these problems and expeditiously formulate and implement effective measures, including short-term, medium-term and long-term programmes, to stimulate economic development and encourage local and foreign investments in Hong Kong in order to increase employment opportunities for local workers.

Question on the motion proposed.

Four Members spoke on the motion.

The Financial Secretary interrupted in the course of a Member's speech and drew the President's attention to the lack of a quorum. The President directed that the Council be suspended and Members be summoned. A quorum was then present.

Another nine Members and the Financial Secretary spoke on the motion.

The President stated that he had reconsidered the question of interruptions by public officers and ruled that the Chief Secretary, the Financial Secretary and the Attorney General had the right to interrupt on a point of order in general and for lack of a quorum in particular under Standing Order 29. The President further ruled that the proviso in Standing Order 4C(2) was meant to limit the right of a public officer other than the Chief Secretary, the Financial Secretary and the Attorney General to interrupt only in relation to the item of business in respect of which he had been designated to attend the Council.

Mr. Allen LEE replied in respect of his motion.

Question on the motion put and agreed to

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 15 November 1995.

Adjourned accordingly at six minutes past ten o’clock.

Last Updated on 29 July 1999