LegCo Paper No. CB 87/95-96
THE LEGISLATIVE COUNCIL
MINUTES
No. 2 of 1995/96
Minutes of the sitting held on Wednesday 18 October 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 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 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., FEng., J.P.
Dr. the Honourable Philip WONG Yu-hong
Dr. the Honourable YEUNG Sum
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 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 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 LO Suk-ching
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
Absent :
Dr. the Honourable David LI Kwok-po, O.B.E., L.L.D.(Cantab), J.P.
The Honourable Frederick FUNG Kin-kee
The Honourable Emily LAU Wai-hing
The Honourable LEE Wing-tat
The Honourable Howard YOUNG, J.P.
The Honourable Christine LOH Kung-wai
The Honourable Andrew CHENG Kar-foo
The Honourable Bruce LIU Sing-lee
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. CHAU Tak-hay, C.B.E., J.P.
- Secretary for Trade and Industry
- The Honourable Michael SZE Cho-cheung, I.S.O., J.P.
- Secretary for the Civil Service
- Mr. Haider Hatim Tyebjee BARMA, I.S.O., J.P.
- Secretary for Transport
- Mr. Gordon SIU Kwing-chue, J.P.
- Secretary for Economic Services
- Mr. Nicholas NG Wing-fui, J.P.
- Secretary for Constitutional Affairs
- Mrs. Katherine FOK LO Shiu-ching, O.B.E., J.P.
- Secretary for Health and Welfare
- Mr. Rafael HUI Si-yan, J.P.
- Secretary for Financial Services
- 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 Hon-sang, J.P.
- Secretary for Works
- Mrs. Rachel Mary Bedford CARTLAND, J.P.
- Secretary for Recreation and Culture
- Mr.Alan LAI Nin, J.P.
- Secretary for the Treasury
- Mr. Ricky FUNG Choi-cheung
- Clerk to the Legislative Council
- Mr. LAW Kam-sang
- Deputy Secretary General
- Miss Pauline NG Man-wah
- Assistant Secretary General 1
- Mr. Ray CHAN Yum-mou
- Assistant Secretary General 2
Mr. Fred LI Wah-ming made the Legislative Council Affirmation.
The following papers were laid on the table pursuant to Standing Order 14(2) :
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1. Land Survey (Fees) Regulation
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458/95
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2. Securities (Offence and Penalty) (Amendment) Regulation 1995
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459/95
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3. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 6) Order 1995
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460/95
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4. Public Cemeteries (Regional Council) (Amendment) (No. 2) Bylaw 1995
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461/95 |
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No.1
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Report by the Commissioner of Police on Police Welfare Fund for the period 1 April 1993 - 31 March 1994
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No.2
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Urban Council
Revisions to the Lists of Work Approved During the 1994/95 Financial Year and the First Quarter of the 1995/96 Financial Year
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No.3
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Sewage Services Trading Fund Annual Report and Accounts for the year ended 31 March 1995
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No.4
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Companies Registry Annual Report 1 April 1994 to 31 March 1995
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No.5
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The Land Registry Trading Fund Hong Kong Annual Report 1994-95
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No.6
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The Government Minute in Response to Report No. 24 of the Public Accounts Committee dated July 1995
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No.7
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Hong Kong Sports Development Board Annual Report 94/95
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No.8
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The Government Minute in Response to The Seventh Annual Report of The Commissioner for Administrative Complaints Hong Kong Dated June 1995. |
Fourth Periodic Report by Hong Kong under Article 40 of the International Covenant on Civil and Political Rights
Thirteenth Periodic Report by the United Kingdom of Great Britain and Northern Ireland in respect of Hong Kong under the International Convention on the Elimination of all forms of Racial Discrimination
The Chief Secretary addressed the Council on The Government Minute in Response to Report No. 24 of the Public Accounts Committee dated July 1995 and The Government Minute in Response to The Seventh Annual Report of The Commissioner for Administrative Complaints Hong Kong Dated June 1995 which she presented.
The Secretary for Recreation and Culture addressed the Council on the Hong Kong Sports Development Board Annual Report 94/95 which she presented.
1. Mr. WONG Wai-yin asked Question 1.
The Secretary for Works replied.
Six Members asked supplementaries and the Secretary for Works and the Secretary for Transport replied.
2. Mrs. Elizabeth WONG asked Question 2.
The Secretary for the Civil Service replied.
Three Members asked supplementaries and the Secretary for the Civil Service replied.
3. Mr. CHAN Kam-lam asked Question 3.
The Secretary for Health and Welfare replied.
Seven Members asked supplementaries and the Secretary for Health and Welfare replied.
4. Mr. IP Kwok-him asked Question 4.
The Secretary for Health and Welfare replied.
Five Members asked supplementaries and the Secretary for Health and Welfare replied.
5. Mr. CHENG Yiu-tong asked Question 5.
The Secretary for Security replied.
Four Members asked supplementaries and the Secretary for Security replied.
6. Dr. John TSE asked Question 6.
The Secretary for Health and Welfare replied.
Six Members asked supplementaries and the Secretary for Health and Welfare replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
The Chief Secretary moved the second reading and addressed the Council.
The Attorney General moved the second reading and addressed the Council.
The Secretary for Trade and Industry moved the second reading and addressed the Council.
The Secretary for Economic Services moved the second reading and addressed the Council.
The Secretary for Financial Services moved the second reading and addressed the Council.
The Secretary for Planning, Environment and Lands moved the second reading and addressed the Council.
The Secretary for the Treasury moved the second reading and addressed the Council on each of the above two bills.
Dr. C.H. LEONG moved the following motion and addressed the Council :
(Resolution in Annex I)
Question on the motion proposed, put and agreed to.
Dr. C.H. LEONG moved the following motion and addressed the Council :
(Resolution in Annex II)
Question on the motion proposed, put and agreed to.
Dr. Philip WONG raised a point of order on whether the President had dispensed with the notice requirement under Standing Order 21 for this motion. The President suspended the sitting to consider Dr. Philip WONG's point of order.
The Council resumed at 5:08 p.m.
The President stated that Members elected to the Legislative Council held office from a date appointed by the Governor. Since the appointed date took effect before the Council began the first sitting, he ruled that the motion was in order.
Mr. David CHU moved the following motion and addressed the Council :
That Members of this Council should refrain from introducing Private Member's bills to amend or repeal laws enacted to implement the agreements reached by the Sino-British Joint Liaison Group.
Question on the motion proposed.
Mr. LEE Cheuk-yan moved the following amendment to the motion and addressed the Council :
To add "as" after "That"; to delete "should refrain from introducing" and substitute with "have the right to introduce"; to add "enact," before "amend or repeal laws"; to delete all the words after "repeal laws" and substitute with "relating to the public interest, this Council requests The National People's Congress of China to amend Article 74 of the Basic Law to remove restrictions on the introduction of private member's bills relating to the political structure, the
operation of the government and government policies by Members of the Legislative Council of the Hong Kong Special Administrative Region".
Question on Mr. LEE Cheuk-yans amendment to Mr. David CHUs motion proposed.
The Chief Secretary and seven Members spoke on the motion and the amemdment.
The President suspended the sitting at 6:10 p.m. to reconsider Dr. Philip WONG's point of order.
The Council resumed at 6:53 p.m.
The President stated that he had taken further legal advice and the advice was that the appointed date on which a Member commenced his office as Member of the Legislative Council was the date appointed by the Governor for the commencement of the Legislative Council Session. The President was therefore of the view that from a technical point of view, the mover of the motion had not begun his office as a Legislative Council Member when he gave notice on 2 October 1995. Accordingly, the President exercised his discretion under Standing Order 21(1) to dispense with the notice requirement of Mr. David CHU's motion. The President also exercised his discretion under Standing Order 9(6) to dispense with the notice of motion on the adjournment to be moved by Mrs. Elizabeth WONG at a later stage.
A further four Members and the Secretary for Constitutional Affairs spoke on the motion and the amendment.
Question on Mr. LEE Cheuk-yans amendment to Mr. David CHUs motion put. As the President could not judge from the voice votes whether the ayes had it or the noes had it, he ordered the Council to divide under Standing Order (36)4.
The President announced that there were 23 votes for the motion, 25 votes against it and one abstention. (Voting record in Annex III.) He declared that Mr. LEE Cheuk-yans amendment to Mr. David CHUs motion was negatived.
Question on Mr. David CHUs motion put. The President stated that he thought the motion had been negatived.
Mr. David CHU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).
The President announced that there was one vote for the motion, 42 votes against it and three abstentions. (Voting record in Annex IV.) He declared that Mr. David CHUs motion was negatived.
Mrs. Elizabeth WONG moved the adjournment.
THE IMPORTANCE OF ENCOURAGING BROAD EDUCATION AND MODERN-DAY LITERACY
(e.g. COMPUTER LITERACY) IN HONG KONG.
After three Members had spoken on the matter, a Member drew the attention of the President to the absence of a quorum. The President directed that the Council be suspended and Members be summoned.
The Council was suspended from 7.53 p.m. to 8.08 p.m.
The President's attention was again drawn to the absence of a quorum.
As a quorum was not present after 15 minutes, the President adjourned the Council without question put until 2.30 p.m. on 25 October 1995 in accordance with Standing Order 10(2).
Adjourned accordingly at eight minutes past eight oclock.
Last Updated on 29 July 1999
