LegCo Paper No. CB(3) 983/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 33 of 1995/96

Minutes of the sitting held on Wednesday 26 June 1996 at 2.30 p.m.

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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 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, O.B.E., 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
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 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 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

Public officers attending:

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 Nicholas NG Wing-fui, J.P.

Secretary for Constitutional Affairs

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

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 KWONG Ki-chi, J.P.

Secretary for the Treasury

Mr Stephen IP Shu-kwan, J.P.

Secretary for Economic Services

Mr KWONG Hon-sang, J.P.

Secretary for Works

Mr Paul LEUNG Sai-wah, J.P.

Secretary for Transport

Clerks in attendance:

Mr Ricky FUNG Choi-cheung, Secretary General
Mr LAW Kam-sang, Deputy Secretary General
Miss Pauline NG Man-wah, Assistant Secretary General (1)
Mr Ray CHAN Yum-mou, Assistant Secretary General (3)

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PAPERS

Subsidiary Legislation
Sessional Papers 1995/96
Miscellaneous
Addresses
QUESTIONS

MOTIONS

BIRTHS AND DEATHS REGISTRATION ORDINANCE
FOREIGN MARRIAGE ORDINANCE
LEGITIMACY ORDINANCE
DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE
INTERPRETATION AND GENERAL CLAUSES ORDINANCE
TRADING FUNDS ORDINANCE

BILLS

FIRST READING

• Legal Services Legislation (Miscellaneous Amendments) Bill 1996
• Administration of Justice (Miscellaneous Provisions) Bill 1996
• Social Workers Registration Bill
• Child Care Centres (Amendment) Bill 1996
• Supplementary Appropriation (1995-96) Bill 1996
SECOND READING

• Legal Services Legislation (Miscellaneous Amendments) Bill 1996
• Administration of Justice (Miscellaneous Provisions) Bill 1996
• Social Workers Registration Bill
• Child Care Centres (Amendment) Bill 1996
• Supplementary Appropriation (1995-96) Bill 1996
• Costs in Criminal Cases Bill
• Criminal Procedure (Amendment) Bill 1996
• Mental Health (Amendment) Bill 1996
• Import and Export (Amendment) Bill 1996
• Control of Chemicals (Amendment) Bill 1996
• Reserved Commodities (Amendment) Bill 1996
• TRADE DESCRIPTIONS (AMENDMENT) BILL 1996
• TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996
• CONSUMER GOODS SAFETY (AMENDMENT) BILL 1996
• DUTIABLE COMMODITIES (AMENDMENT) BILL 1996
COMMITTEE STAGE

• CostS in Criminal Cases Bill
• Criminal Procedure (Amendment) Bill 1996
• Mental Health (Amendment) Bill 1996
• Import and Export (Amendment) Bill 1996
• Control of Chemicals (Amendment) Bill 1996
• Reserved Commodities (Amendment) Bill 1996
• Trade Descriptions (Amendment) Bill 1996
• TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996
• Consumer Goods Safety (Amendment) Bill 1996
• Dutiable Commodities (Amendment) Bill 1996
THIRD READING

• the Costs in Criminal Cases Bill
• the Criminal Procedure (Amendment) Bill 1996 and
• the Mental Health (Amendment) Bill 1996
• the Import and Export (Amendment) Bill 1996
• the Control of Chemicals (Amendment) Bill 1996
• the Reserved Commodities (Amendment) Bill 1996
• the Trade Descriptions (Amendment) Bill 1996
• the TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996 and
• the CONSUMER GOODS SAFETY (AMENDMENT) BILL 1996
• THE DUTIABLE COMMODITIES (AMENDMENT) BILL 1996
MEMBER'S MOTIONS

HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)
INTERPRETATION AND GENERAL CLAUSES ORDINANCE
INDUSTRIAL SAFETY
IMPLEMENTATION OF 'ONE COUNTRY TWO SYSTEMS'

NEXT SITTING

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PAPERS

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

Sessional Papers 1995/96

Miscellaneous

Supplementary Report by the United Kingdom of Great Britain and Northern Ireland in respect of Hong Kong under the International Covenant on Civil and Political Rights

Addresses

Mr Ronald ARCULLI presented the "1995 Annual Report by the Commissioner of the Independent Commission Against Corruption" and addressed the Council.

Mr Allen LEE presented the "1995 Annual Report of the Independent Commission Against Corruption Complaints Committee" and addressed the Council.

QUESTIONS

Questions permitted by the President under Standing Order No. 17(4).

Dr C H LEONG asked a question concerning the Chief Secretary's recent visit to North America.

The Chief Secretary replied.

Six Members asked supplementaries and the Chief Secretary replied.

1. Miss Margaret NG asked Question 1.

The Attorney General replied.

Three Members asked supplementaries and the Attorney General replied.

2. Mr LO Suk-ching asked Question 2.

The Secretary for Economic Services replied.

Three Members asked supplementaries and the Secretary for Economic Services replied.

3. Mr James TO asked Question 3.

The Secretary for Security replied.

Three Members asked supplementaries and the Secretary for Security replied.

4. Mr Ambrose LAU asked Question 4.

The Secretary for Transport replied.

Six Members asked supplementaries and the Secretary for Transport replied.

5. Mr Eric LI asked Question 5.

The Secretary for Transport replied.

Four Members asked supplementaries and the Secretary for Transport and the Secretary for the Treasury replied.

6. Mr K K FUNG asked Question 6.

The Secretary for Housing replied.

Three Members asked supplementaries and the Secretary for Housing replied.

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

MOTIONS

BIRTHS AND DEATHS REGISTRATION ORDINANCE

The Secretary for Security moved the motion in Annex I and addressed the Council.

Question on the motion proposed, put and agreed to.

FOREIGN MARRIAGE ORDINANCE

The Secretary for Security moved the following motion and addressed the Council:

That with effect from 15 July 1996 the Foreign Marriage Ordinance be amended -

1. in section 5, by repealing "$55" and substituting "$60";

2. in section 6, by repealing "$540" and substituting "$590".

Question on the motion proposed, put and agreed to.

LEGITIMACY ORDINANCE

The Secretary for Security moved the following motion and addressed the Council:

That with effect from 15 July 1996 the Schedule to the Legitimacy Ordinance be amended -

1. in paragraph 5, by repealing "$270" and substituting "$295";

2. in paragraph 6(1), by repealing "$110" and substituting "$120".

Question on the motion proposed, put and agreed to.

DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCE

The Secretary for Security moved the following motion and addressed the Council:

That the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) (Amendment) Order 1996, made by the Governor in Council on 4 June 1996, be approved.

Question on the motion proposed, put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

The Secretary for Security moved the following motion and addressed the Council:

That the Dangerous Drugs (Amendment) Regulation 1996, published as Legal Notice No. 191 of 1996 and laid on the table of the Legislative Council on 22 May 1996, be amended in section 4, by adding -

"(d) by adding -

"(8) It is a defence for a person charged with committing an offence under paragraph (7) in relation to paragraph (1) to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.".".

Question on the motion proposed.

A Member spoke on the motion.

Question on the motion put and agreed to.

TRADING FUNDS ORDINANCE

The Secretary for Works moved the motion in Annex II and addressed the Council.

Question on the motion proposed.

13 Members spoke on the motion.

The Secretary for Works replied.

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

Mr CHAN Wing-chan 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 24 votes against it. (Voting record in Annex III.) He declared that the motion was carried.

BILLS

FIRST READING

Legal Services Legislation (Miscellaneous Amendments) Bill 1996

Administration of Justice (Miscellaneous Provisions) Bill 1996

Social Workers Registration Bill

Child Care Centres (Amendment) Bill 1996

Supplementary Appropriation (1995-96) 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

Legal Services Legislation (Miscellaneous Amendments) Bill 1996

Administration of Justice (Miscellaneous Provisions) Bill 1996

The Attorney General moved the second reading and addressed the Council on each of the above two bills.

At 5:40 p.m., the President's Deputy took the chair during the temporary absence of the President.

Question on the second reading proposed. The President's Deputy stated that in accordance with Standing Orders, the debates on the above bills were adjourned and the bills were referred to the House Committee.

Social Workers Registration Bill

Child Care Centres (Amendment) Bill 1996

The Secretary for Health and Welfare moved the second reading and addressed the Council on each of the above two bills.

At 6:05 p.m., the President resumed the chair.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debates on the above bills were adjourned and the bills were referred to the House Committee.

Supplementary Appropriation (1995-96) Bill 1996

The Secretary for the Treasury 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.

Costs in Criminal Cases Bill

Resumption of debate on second reading which had been moved on 2 November 1995.

Two Members spoke on the motion.

The Attorney General replied.

Question on second reading put and agreed to.

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

Criminal Procedure (Amendment) Bill 1996

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

A Member spoke on the motion.

The Secretary for Security replied.

Question on second reading put and agreed to.

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

Mental Health (Amendment) Bill 1996

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

The Secretary for Security replied.

Question on second reading put and agreed to.

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

Import and Export (Amendment) Bill 1996

Resumption of debate on second reading which had been moved on 3 April 1996.

Question on second reading put and agreed to.

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

Control of Chemicals (Amendment) Bill 1996

Resumption of debate on second reading which had been moved on 3 April 1996.

Question on second reading put and agreed to.

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

Reserved Commodities (Amendment) Bill 1996

Resumption of debate on second reading which had been moved on 3 April 1996.

Question on second reading put and agreed to.

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

TRADE DESCRIPTIONS (AMENDMENT) BILL 1996

Resumption of debate on second reading which had been moved on 3 April 1996.

Question on second reading put and agreed to.

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

TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996

Resumption of debate on second reading which had been moved on 3 April 1996.

Question on second reading put and agreed to.

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

CONSUMER GOODS SAFETY (AMENDMENT) BILL 1996

Resumption of debate on second reading which had been moved on 3 April 1996.

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) BILL 1996

Resumption of debate on second reading which had been moved on 14 February 1996.

Five Members spoke on the motion.

The Secretary for the Treasury replied.

Question on second reading put and agreed to.

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:

CostS in Criminal Cases Bill

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

Question on clauses 1, 4 to 7, 10, 12, 13, 14, 17, 18 and 20 to 24 put and agreed to.

The Attorney General moved amendments to clauses 2, 3, 8, 9, 11, 15, 16 and 19 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 2, 3, 8, 9, 11, 15, 16 and 19, as amended, stand part of the bill put and agreed to.

Heading before new clause 25 and new clause 25 read the first time.

The Attorney General moved the second reading of the heading before new clause 25 and new clause 25. Question on the second reading of the heading before new clause 25 and new clause 25 proposed, put and agreed to.

Heading before new clause 25 and new clause 25 read the second time.

The Attorney General moved the addition of the heading before new clause 25 and new clause 25 to the bill. Question on the addition proposed, put and agreed to.

Criminal Procedure (Amendment) Bill 1996

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

Question on clauses 1, 2, 5, 6 and 7 put and agreed to.

The Secretary for Security moved amendments to clauses 3 and 4 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 3 and 4, as amended, stand part of the bill put and agreed to.

Mental Health (Amendment) Bill 1996

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

Question on clauses 1, 3, 4 and 5 put and agreed to.

The Secretary for Security 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.

Import and Export (Amendment) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

Control of Chemicals (Amendment) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

Reserved Commodities (Amendment) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

Trade Descriptions (Amendment) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996

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

Question on clauses 1 and 2 put and agreed to.

Consumer Goods Safety (Amendment) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

Dutiable Commodities (Amendment) Bill 1996

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

Question on clauses 1, 4 to 8, 13 to 23 and 25 to 45 put and agreed to.

The Secretary for the Treasury moved amendments to clauses 2, 3, 10, 12 and 24 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 2, 3, 10, 12 and 24, as amended, stand part of the bill put and agreed to.

Mrs Miriam LAU moved amendments to clauses 9 and 11 and addressed the Committee.

Question on the amendments proposed.

A Member and the Secretary for the Treasury spoke on the amendments.

Question on the amendments put and agreed to.

Question that clauses 9 and 11, as amended, stand part of the bill put and agreed to.

The Council then resumed.

THIRD READING

The Attorney General reported that

the Costs in Criminal Cases Bill

had passed through Committee with amendments. 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 Criminal Procedure (Amendment) Bill 1996 and

the Mental Health (Amendment) Bill 1996

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

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

Bills read the third time and passed.

The Secretary for Trade and Industry reported that

the Import and Export (Amendment) Bill 1996

the Control of Chemicals (Amendment) Bill 1996

the Reserved Commodities (Amendment) Bill 1996

the Trade Descriptions (Amendment) Bill 1996

the TOYS AND CHILDREN'S PRODUCTS SAFETY (AMENDMENT) BILL 1996 and

the CONSUMER GOODS SAFETY (AMENDMENT) BILL 1996

had passed through Committee without amendment. She moved that these six bills be read the third time and do pass.

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

Bills read the third time and passed.

The Secretary for the Treasury reported that

the DUTIABLE COMMODITIES (AMENDMENT) BILL 1996

had passed through Committee with amendments. 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.

MEMBER'S MOTIONS

HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (NOS. 1 AND 2)

Dr C H LEONG moved the following motion and addressed the Council:

That the Standing Orders of the Legislative Council of Hong Kong be amended in Standing Order No. 19 -

1. by repealing paragraph (6) and substituting -

   "(6) If a Member is not present to ask his question when his name is called the question may with his consent be asked by another Member, but otherwise shall be treated as a question for which a written answer has been sought.";

2. be repealing paragraph (8) and substituting -

   "(8) A Member who has given notice of a question may withdraw the question by giving notice to the Clerk before 1.00 p.m. on the day of the sitting at which the question is to be asked.".

Question on the motion proposed, put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr Fred LI moved the following motion and addressed the Council:

That the Waterworks (Amendment) Regulation 1996, published as Legal Notice No. 176 of 1996 and laid on the table of the Legislative Council on 15 May 1996, be amended in section 4, in new Part III -

1. in item 1(a), by repealing "$7.77" and substituting "$7.11";
2. in item 1(e), by repealing "$5.01" and substituting "$4.58";
3. in item 1(f), by repealing "$5.01" and substituting "$4.58";
4. in item 1(g), by repealing "$5.01" and substituting "$4.58".

Question on the motion proposed.

Three Members, the Secretary for Works and the Secretary for the Treasury spoke on the motion.

Mr Fred LI replied.

Question on the motion put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr Fred LI moved the following motion and addressed the Council:

That the Waterworks (Amendment) Regulation 1996, published as Legal Notice No. 176 of 1996 and laid on the table of the Legislative Council on 15 May 1996, be amended in section 4, in new Part III -

1. in item 1(b) -
   1. in paragraph (ii) by repealing "$4.51" and substituting "$4.16";
   2. in paragraph (iii) by repealing "$7.00" and substituting "$6.45";
   3. in paragraph (iv) by repealing "$9.82" and substituting "$9.05";
2. in item 1(c)(ii) by repealing "$5.01" and substituting "$4.58".

Question on the motion proposed.

The Secretary for Works spoke on the motion.

Question on the motion put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Dr John TSE moved the following motion and addressed the Council:

That in relation to the Sewage Services (Sewage Charge) (Amendment) Regulation 1996 and Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 1996, published as Legal Notices Nos. 199 and 200 of 1996 respectively and laid on the table of the Legislative Council on 29 May 1996, 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 3 July 1996.

Question on the motion proposed, put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

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

That in relation to the Hotel and Guesthouse Accommodation (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 224 of 1996 and laid on the table of the Legislative Council on 5 June 1996, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of the Ordinance until 10 July 1996.

Question on the motion proposed, put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

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

That the Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 1996, published as Legal Notice No. 167 of 1996 and laid on the table of the Legislative Council on 8 May 1996, be amended by repealing section 2 and substituting :

"2. Charges for disposal of chemical waste other than special chemical waste

Schedule 1 to the Waste Disposal (Charges for Disposal of Chemical Waste) Regulation (Cap.354 sub. leg.) is amended in column 3 by repealing "1,589", "97", "30", "500", "773", "26", "389", "779", "1,391" where it twice appears, "573", "194", "4,051", "11,344" where it twice appears, "581", "4,862" and "430" and substituting "1,907", "116", "36", "600", "928", "31", "467", "935", "1,669", "688", "233", "4,861", "13,613", "697", "5,834" and "516" respectively.".

Question on the motion proposed.

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

Mr James TIEN replied.

Question on the 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 18 votes for the motion and 35 votes against it. (Voting record in Annex IV.) He declared that the motion was negatived.

The President stated that Mr LEE Cheuk-yan had given instruction to the Clerk on 25 June 1996 to withdraw his notice to move a motion to amend the District Court Equal Opportunities Rules.

INDUSTRIAL SAFETY

Mr TSANG Kin-shing moved the following motion and addressed the Council:

That this Council is extremely concerned about the recent occurrence of a number of serious industrial accidents in the territory which resulted in casualties among workers and urges the Government:

1. to take emergency measures to prevent the recurrence of serious industrial accidents;
2. to provide all the necessary assistance to the families of the victims of industrial accidents; and
3. to step up law enforcement and impose heavy penalties on persons who fail to comply with the industrial safety legislation, so as to achieve a deterrent effect.

Question on Mr TSANG Kin-shing's motion proposed. The President stated that Miss CHAN Yuen-han had given notice to move an amendment to the motion. He proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together in a joint debate.

Miss CHAN Yuen-han moved the following amendment to Mr TSANG Kin-shing's motion and addressed the Council:

To delete everything after the words "casualties among workers" and substitute with the following:

",which was obviously due to the Government's lack of a systematic and comprehensive monitoring policy on preventing industrial accidents and to the absence of a statutory body to co-ordinate all matters pertaining to occupational safety and health, and urges that, in the long run, the Government should set up a statutory body with authoritative power and to immediately adopt the following measures, so as to improve the current situation:

1. to convene, on a regular basis, the inter-departmental meetings which were held recently in response to industrial safety issues;
2. to deploy staff from the Occupational Safety and Health Council and the Labour Department to inspect work places throughout the territory;
3. to expeditiously implement all the recommendations contained in the 'Consultation Paper on the Review of Industrial Safety in Hong Kong', including the early completion of drafting work on bills amending the existing legislation;
4. to impose substantial penalties for non-compliance with industrial safety legislation; and
5. to introduce a point-deduction and license suspension scheme for contractors as well as to require contractors to submit periodic safety records, and

to provide the necessary assistance to the families of victims of industrial accidents."

Question on Miss CHAN Yuen-han's amendment to Mr TSANG Kin-shing's motion proposed.

Two Members spoke on the motion and the amendment.

At 9:30 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another eight Members spoke on the motion and the amendment.

At 10:10 p.m., the President resumed the chair.

Seven further Members spoke on the motion and the amendment.

Mr TSANG Kin-shing spoke on the amendment.

The Secretary for Education and Manpower spoke on the motion and the amendment.

Question on Miss CHAN Yuen-han's amendment to Mr TSANG Kin-shing's motion put and agreed to.

Mr TSANG Kin-shing replied.

Question on Mr TSANG Kin-shing's motion as amended by Miss CHAN Yuen-han put and agreed to.

IMPLEMENTATION OF 'ONE COUNTRY TWO SYSTEMS'

Mr Martin LEE moved the following motion and addressed the Council:

That this Council urges the Chinese Government to fully adhere to the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy" and to refrain from interfering in Hong Kong’s internal affairs; and appeals to Hong Kong people to safeguard democracy, the rule of law, human rights, freedom and our way of life.

Question on Mr Martin LEE's motion proposed.

The President stated that Mr IP Kwok-him, Mr David CHU and Mr LEUNG Yiu-chung had separately given notices to move amendments to the motion. He proposed that the motion and the proposed amendments be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendments be debated together in a joint debate.

Mr IP Kwok-him, Mr David CHU and Mr LEUNG Yiu-chung addressed the Council on the motion and their proposed amendments respectively.

At 11:45 p.m., the President's Deputy took the chair during the temporary absence of the President.

Two Members spoke on the motion and the amendments.

At 00:10 a.m., the President resumed the chair.

Another 20 Members spoke on the motion and the amendments.

Mr Martin LEE spoke on the amendments.

The Secretary for Constitutional Affairs spoke on the motion and the amendments.

Mr IP Kwok-him moved the following amendment to Mr Martin LEE's motion:

To delete "this Council urges the Chinese Government to fully adhere" and substitute with ", for the smooth establishment of the Hong Kong Special Administrative Region and for giving effect"; to delete "and to refrain from interfering in Hong Kong's internal affairs; and" and substitute with ", this Council"; and to delete "safeguard democracy, the rule of law, human rights, freedom and our way of life" and substitute with "unite and make concerted efforts to uphold the Joint Declaration and the Basic Law, and to support the work of the Preparatory Committee for the Special Administrative Region".

Question on Mr IP Kwok-him's amendment to Mr Martin LEE's motion proposed and put. The President stated that he thought the amendment had been negatived.

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 28 votes for the amendment and 26 votes against it. (Voting record in Annex V.) He declared that Mr IP Kwok-him's amendment to Mr Martin LEE's motion was agreed.

Mr David CHU and Mr LEUNG Yiu-chung withdrew their amendments to Mr Martin LEE's motion.

Mr Martin LEE replied.

Question on Mr Martin LEE's motion as amended by Mr IP Kwok-him put. The President stated that he thought the amended motion had been negatived.

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

The President announced that there were 28 votes for the amended motion and 26 votes against it. (Voting record in Annex VI.) He declared that Mr Martin LEE's motion as amended by Mr IP Kwok-him was carried.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 3 July 1996.

Adjourned accordingly at twelve minutes to three o’clock on the morning of 27 June 1996.

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