LegCo Paper No. CB(3) 808/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 28 of 1995/96

Minutes of the sitting held on Wednesday 15 May 1996 at 2.30 p.m.

Members 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 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.
    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 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
    The Honourable CHENG Yiu-tong
    Dr 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
    The Honourable Ambrose LAU Hon-chuen, J.P.
    Dr the Honourable LAW Cheung-kwok
    The Honourable LAW Chi-kwong
    The Honourable LEUNG Yiu-chung
    The Honourable Bruce LIU Sing-lee
    The Honourable MOK Ying-fan
    The Honourable Margaret NG
    The Honourable NGAN Kam-chuen
    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

Members absent:

    The Honourable Frederick FUNG Kin-kee
    The Honourable James TO Kun-sun
    The Honourable Howard YOUNG, J.P.
    The Honourable David CHU Yu-lin
    The Honourable LEE Kai-ming
    The Honourable LO Suk-ching

Public officers attending:

The Honourable Mrs Anson CHAN, C.B.E., J.P.
The Chief Secretary
Mr Rafael HUI Si-yan, 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 Recreation and Culture
Mr Nicholas NG Wing-fui, J.P.
Secretary for Constitutional Affairs
Mr Joseph WONG Wing-ping, J.P.
Secretary for Education and Manpower
Mr Peter LAI Hing-ling, J.P.
Secretary for Security
Mr Bowen LEUNG Po-wing, J.P.
Secretary for Planning, Environment and Lands
Mr KWONG Ki-chi, J.P.
Secretary for the Treasury
Mr Leo KWAN Wing-wah, J.P.
Secretary for Economic Services

Clerk in attendance:

    Mr Ricky FUNG Choi-cheung, Secretary General

PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Waterworks (Amendment) Regulation 1996

176/96

2. Country Parks and Special Areas (Amendment) Regulation 1996

178/96

3. Pesticides (Amendment) Regulation 1996

179/96

4. Official Languages (Alteration of Text) (District Court Ordinance) Order 1996

180/96

5. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.2) Order 1996

181/96

6. Declaration of Increase in Pensions Notice 1996

182/96

7. Widows and Orphans Pension (Increase) Notice 1996

183/96

8. Disability Discrimination Ordinance (86 of 1995) (Commencement) Notice 1996

184/96

9. Sex Discrimination Ordinance(67 of 1995) (Commencement) Notice 1996

185/96

10. Intellectual Property (World Trade Organization Amendments) Ordinance 1996 (11 of 1996) (Commencement) Notice 1996

186/96

11. Land Registration Fees (Amendment) Regulation 1995 (L.N. 35 of 1996) (Commencement) Notice 1996

187/96

12. Land Registration (New Territories) Fees (Repeal) Regulation 1995 (L.N. 36 of 1996) (Commencement) Notice 1996

188/96

13. Land Registration (Amendment) Regulation 1996 (L.N. 39 of 1996) (Commencement) Notice 1996

189/96

14. Land Registration Fees (Amendment) Regulation 1995 (Amendment) (No.2) Regulation 1996 (L.N.145 of 1996) (Commencement) Notice 1996

190/96

15. Official Languages (Authentic Chinese Text) (Wild Animals Protection Ordinance) Order

(C) 43/96

16. Official Languages (Authentic Chinese Text) (District Court Ordinance) Order

(C) 44/96

Sessional Paper 1995/96

No. 81

-

Hong Kong Monetary Authority Annual Report 1995

QUESTIONS

1. Mr CHOY Kan-pui asked Question 1.

The Secretary for Education and Manpower replied.

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

2. Mr HO Chun-yan asked Question 2.

The Secretary for Constitutional Affairs replied.

Six Members asked supplementaries and the Secretary for Constitutional Affairs replied.

3. Mrs Miriam LAU asked Question 3.

The Secretary for Planning, Environment and Lands replied.

Six Members asked supplementaries and the Secretary for Planning, Environment and Lands replied.

4. Mr Andrew CHENG asked Question 4.

The Secretary for the Treasury replied.

Seven Members asked supplementaries and the Secretary for the Treasury and the Secretary for Security replied.

5. Miss Emily LAU asked Question 5.

The Secretary for the Treasury replied.

Five Members asked supplementaries and the Secretary for the Treasury replied.

Written replies to Questions 6 to 19 were tabled for Members’ information.

BILLS

FIRST READING

Veterinary Surgeons Registration Bill

Public Health and Municipal Services (Amendment) Bill 1996

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

SECOND READING

Veterinary Surgeons Registration Bill

The Secretary for Economic Services moved the second reading and addressed the Council.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debate was adjourned and the bill was referred to the House Committee.

Public Health and Municipal Services (Amendment) Bill 1996

The Secretary for Recreation and Culture moved the second reading and addressed the Council.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debate was adjourned and the bill was referred to the House Committee.

GAS SAFETY (AMENDMENT) BILL 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

BIOLOGICAL WEAPONS BILL

Resumption of debate on second reading which had been moved on 31 January 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

INLAND REVENUE (AMENDMENT) BILL 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

INLAND REVENUE (AMENDMENT) (NO.2) BILL 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Business registration (amendment) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Estate duty (amendment) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Stamp duty (amendment) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Motor vehicles (first registration tax) (amendment) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Air passenger departure tax (amendment) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

BETTING DUTY (amendment) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

The Secretary for the Treasury spoke on the motion.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

DUTIABLE COMMODITIES (amendment) (NO.2) bill 1996

Resumption of debate on second reading which had been moved on 1 May 1996.

The Secretary for the Treasury spoke on the motion.

Question on second reading put. The President stated that he thought the motion had been carried.

Mrs Miriam LAU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 38 votes for the motion and nine votes against it. (Voting record in Annex I.) He declared that the motion was carried.

Bill read the second time and committed to a Committee of the whole Council.

COMMITTEE STAGE

The Council went into Committee and considered the following bills:

GAS SAFETY (AMENDMENT) BILL 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 7 put and agreed to.

BIOLOGICAL WEAPONS BILL

Question that the following clauses stand part of the bill proposed.

Question on clauses 1, 2, 3, 4 and 6 put and agreed to.

The Secretary for Security moved an amendment to clause 5 and addressed the Committee.

Question on the amendment proposed, put and agreed to.

Question that clause 5, as amended, stand part of the bill put and agreed to.

INLAND REVENUE (AMENDMENT) BILL 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 12 put and agreed to.

INLAND REVENUE (AMENDMENT) (NO.2) BILL 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 and 2 put and agreed to.

Business registration (amendment) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1, 2 and 3 put and agreed to.

Estate duty (amendment) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 17 put and agreed to.

Stamp duty (amendment) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 and 2 put and agreed to.

Motor vehicles (first registration tax) (amendment) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 8 put and agreed to.

Air passenger departure tax (amendment) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 and 2 put and agreed to.

BETTING DUTY (amendment) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clause 1 put and agreed to.

The Secretary for the Treasury moved an amendment to clause 2 and addressed the Committee.

Question on the amendment proposed, put and agreed to.

Question that clause 2, as amended, stand part of the bill put and agreed to.

DUTIABLE COMMODITIES (amendment) (NO.2) bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clause 1 put and agreed to.

Mrs Miriam LAU moved an amendment to clause 2 and addressed the Committee.

Question on the amendment proposed.

Four Members and the Secretary for the Treasury spoke on the amendment.

Mrs Miriam LAU replied.

Question on Mrs Miriam LAU’s amendment put. The Chairman stated that he thought the amendment had been negatived.

Mrs Miriam LAU claimed a division. The Chairman then ordered the Committee to divide under Standing Order 36(4).

The Chairman announced that there were 20 votes for the amendment and 26 votes against it. (Voting record in Annex II.) He declared that Mrs Miriam LAU’s amendment was negatived.

Question that clause 2 in its original form stand part of the bill put and agreed to.

The Council then resumed.

THIRD READING

The Secretary for Economic Services reported that

the GAS SAFETY (AMENDMENT) BILL 1996

had passed through Committee without amendment. He 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.

The Secretary for Security reported that

the BIOLOGICAL WEAPONS BILL

had passed through Committee with amendment. He 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.

The Secretary for the Treasury reported that

the INLAND REVENUE (AMENDMENT) BILL 1996

the INLAND REVENUE (AMENDMENT) (NO.2) BILL 1996

the Business registration (amendment) bill 1996

the Estate duty (amendment) bill 1996

the Stamp duty (amendment) bill 1996

the Motor vehicles (first registration tax) (amendment)

bill 1996 and

the air passenger departure tax (amendment) bill 1996

had passed through Committee without amendment and

the BETTING DUTY (AMENDMENT) BILL 1996

had passed through Committee with amendment. He moved that these eight bills be read the third time and do pass.

Question on the third reading of the eight bills proposed, put and agreed to.

Bills read the third time and passed.

The Secretary for the Treasury reported that

the DUTIABLE COMMODITIES (amendment) (NO.2) bill 1996

had passed through Committee without amendment. He 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.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 22 May 1996.

Adjourned accordingly at ten minutes to five o’clock.

Last Updated on 29 July 1999