LegCo Paper No. CB 243/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 9 of 1995/96

Minutes of the sitting held on Wednesday 29 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.
    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 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 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 Lawrence YUM Sin-ling

Absent:

    The Honourable Paul CHENG Ming-fun
    The Honourable Mrs. Elizabeth WONG CHIEN Chi-lien, C.B.E., I.S.O., J.P.

In attendance:

Mr. Michael SUEN Ming-yeung, 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 Recreation and Culture
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. 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. 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. Alan LAU Nin, J.P.
Secretary for the Treasury
Mrs. Stella HUNG KWOK Wai-ching, J.P.
Secretary for Home Affairs

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)
    Mr. Ray CHAN Yum-mou, Assistant Secretary General (2)

PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Official Languages (Alteration of Text) (Fixed Penalty (Traffic Contraventions) Ordinance) Order 1995

532/95

2. Official Languages (Alteration of Text) (Fixed Penalty (Criminal Proceedings) Ordinance) Order 1995

533/95

3. Designation of Libraries (Urban Council Area) (No.2) Order 1995

534/95

4. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.7) Order 1995

535/95

5. Public Swimming Pools (Designation) Order 1995

536/95

6. Food Business (Urban Council) (Amendment) Bylaw 1995

537/95

7. Stadia (Urban Council) (Amendment) Bylaw 1995

538/95

8. Official Languages (Authentic Chinese Text) (Fire Investigation Ordinance) Order

(C) 103/95

9. Official Languages (Authentic Chinese Text) (Co-Operative Societies Ordinance) Order

(C) 104/95

10. Official Languages (Authentic Chinese Text) (Waterworks Ordinance) Order

(C) 105/95

11. Official Languages (Authentic Chinese Text) (Public Lighting Ordinance) Order

(C) 106/95

12. Official Languages (Authentic Chinese Text) (Holidays Ordinance) Order

(C) 107/95

13. Official Languages (Authentic Chinese Text) (Chinese Temples Ordinance) Order

(C) 108/95

14. Official Languages (Authentic Chinese Text) (Man Mo Temple Ordinance) Order

(C) 109/95

15. Official Languages (Authentic Chinese Text) (Fixed Penalty (Traffic Contraventions) Ordinance) Order

(C) 110/95

16. Official Languages (Authentic Chinese Text) (Fixed Penalty (Criminal Proceedings) Ordinance)Order

(C) 111/95

17. Official Languages (Authentic Chinese Text) (Motor Vehicles Insurance (Third Party Risks) Ordinance) Order

(C) 112/95

18. Official Languages (Authentic Chinese Text) (Tattooing of Young Persons Ordinance) Order

(C) 113/95

19. Official Languages (Authentic Chinese Text) (Road Traffic (Driving-Offence Points) Ordinance) Order

(C) 114/95

Sessional Paper 1995/96

No. 27

-

Environment and Conservation Fund Trustee's Report 1994-95

QUESTIONS

1. Mr. LO Suk-ching asked Question 1.

The Secretary for Education and Manpower replied.

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

2. Mr. Howard YOUNG asked Question 2.

The Secretary for Planning, Environment and Lands replied.

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

3. Mr. CHEUNG Bing-leung asked Question 3.

The Secretary for Education and Manpower replied.

One Member asked a supplementary and the Secretary for Education and Manpower replied.

4. Mr. Fred LI asked Question 4.

The Secretary for Health and Welfare replied.

Four Members asked supplementaries and the Secretary for Health and Welfare replied.

5. Dr. John TSE asked Question 5.

The Secretary for Education and Manpower replied.

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

6. Mr. TSANG Kin-shing asked Question 6.

The Secretary for Financial Services replied.

Five Members asked supplementaries and the Secretary for Financial Services replied.

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

MOTIONS

PUBLIC BUS SERVICES ORDINANCE

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

That the franchise conferring the right on the China Motor Bus Company Limited to operate a public bus service on the routes specified in the Schedule of Routes (China Motor Bus Company) Order 1995 (L.N. 310 of 1995) and in any subsequent order made by the Governor in Council shall not, for the entire period of the franchise, be subject to sections 26, 27, 28, 29 and 31 in Part V of the Public Bus Services Ordinance.

Question on the motion proposed, put and agreed to.

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

The Secretary for Education and Manpower moved the following motion and addressed the Council:

That the Factories and Industrial Undertakings (Amendment) Regulation 1995, made by the Commissioner for Labour on 25 October 1995, be approved.

Question on the motion proposed, put and agreed to.

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

The Secretary for Education and Manpower moved the following motion and addressed the Council:

That the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) (Amendment) Regulation 1995, made by the Commissioner for Labour on 25 October 1995, be approved.

Question on the motion proposed, put and agreed to.

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

The Secretary for Education and Manpower moved the following motion and addressed the Council:

That the Construction Sites (Safety) (Amendment) Regulation 1995, made by the Commissioner for Labour on 25 October 1995, be approved.

Question on the motion proposed, put and agreed to.

BILLS

FIRST READING

BETTING DUTY (AMENDMENT) BILL 1995

ESTATE AGENTS BILL

INLAND REVENUE (AMENDMENT) (NO.3) BILL 1995

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

SECOND READING

BETTING DUTY (AMENDMENT) BILL 1995

The Secretary for Home Affairs moved the second reading and addressed the Council.

ESTATE AGENTS BILL

The Secretary for Housing moved the second reading and addressed the Council.

INLAND REVENUE (AMENDMENT) (NO.3) BILL 1995

The Secretary for the Treasury moved the second reading and addressed the Council.

MERCHANT SHIPPING (REGISTRATION) (AMENDMENT) BILL 1995

Resumption of debate on second reading which was moved on 15 November 1995.

Question on second reading proposed, put and agreed to.

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

LANDS TRIBUNAL (AMENDMENT) BILL 1995

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

Question on second reading proposed, 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:

MERCHANT SHIPPING (REGISTRATION) (AMENDMENT) BILL 1995

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

Question on clauses 1 to 4 put and agreed to.

LANDS TRIBUNAL (AMENDMENT) BILL 1995

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

Question on clauses 1 to 4 put and agreed to.

The Council then resumed.

THIRD READING

The Attorney General reported that the

MERCHANT SHIPPING (REGISTRATION) (AMENDMENT) BILL 1995

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 Planning, Environment and Lands reported that the

LANDS TRIBUNAL (AMENDMENT) BILL 1995

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.

PRIVATE MEMBER'S MOTIONS

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Edward HO moved the following motion and addressed the Council:

That the Building (Administration) (Amendment) (No. 3) Regulation 1995, published as Legal Notice No. 466 of 1995 and laid on the table of the Legislative Council on 25 October 1995, be repealed.

Question on the motion proposed.

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

Mr. Edward HO replied.

In response to Mr. James TIEN's point of order, the President stated that no Members or public officers were permitted to speak after the final reply.

Question on the motion put and agreed to.

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

Mr. Albert CHAN moved the following motion and addressed the Council:

That the Television (Royalty and Licence Fees) (Amendment) Regulation 1995, published as Legal Notice No. 479 of 1995 and laid on the table of the Legislative Council on 2 November 1995, be repealed.

Question on the motion proposed.

The Secretary for Recreation and Culture, eleven Members and the Secretary for the Treasury spoke on the motion.

Mr. Albert CHAN replied.

Question on the motion put. Miss Emily LAU and Mr. LEE Cheuk-yan 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 motion and 25 votes against it. (Voting record in Annex I.) He declared that Mr. Albert CHAN’s motion was carried.

VIETNAMESE MIGRANTS PROBLEM

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

That, in view of the Governor’s statement in the Progress Report attached to this year’s Policy Address that it is unlikely Hong Kong will be able to close all Vietnamese migrants (VM) camps by early 1996 and that it has not been stated in the Policy Address how the problem of VM being stranded in the territory is to be resolved, this Council urges the Government to make known to the public as early as possible the specific timetable for the complete resolution of the VM problem in the territory before the change of sovereignty, to abolish as soon as possible Hong Kong’s status as a port of first asylum; and, having regard to the motion passed by this Council on 7 December 1994, to seek Britain’s commitment to resettle and take care of all VM not repatriated to Vietnam before 1 July 1997 and to make a claim to the United Nations High Commissioner for Refugees for all overdue payments to Hong Kong.

Question on the motion proposed.

Mr. LAW Chi-kwong moved the following amendment to Mrs. Selina CHOW's motion and addressed the Council :

To delete “, to abolish as soon as possible Hong Kong’s status as a port of first asylum”.

Question on Mr. LAW Chi-kwong's amendment to Mrs. Selina CHOW's motion proposed.

Two Members spoke on the motion and the amendment.

At 6:20 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another six Members spoke on the motion and the amendment.

At 7:00 p.m., the President resumed the chair.

A further eight Members and the Secretary for Security spoke on the motion and the amendment.

Mrs. Selina CHOW spoke on the amendment.

Question on Mr. LAW Chi-kwong's amendment to Mrs. Selina CHOW's motion put. Mr. Martin LEE and Mrs. Selina CHOW claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 30 votes for the amendment and 19 votes against it. (Voting record in Annex II.) He declared that Mr. LAW Chi-kwong's amendment to Mrs. Selina CHOW's motion was agreed.

Mrs. Selina CHOW replied.

Question on Mrs. Selina CHOW's motion as amended by Mr. LAW Chi-kwong put and agreed to.

ENTRY VISA FOR TAIWAN VISITORS

Mr. YUM Sin-ling moved the following motion and addressed the Council:

That in view of the competition faced by Hong Kong consequent upon the opening of the International Airport in Macau and, more importantly, of its visa-free entry policy for Taiwan visitors, the Administration should simplify the procedure for the application for entry visa by Taiwan visitors so as to safeguard the HK$14 billion income that Hong Kong earns yearly from these visitors and to secure the 40,000 jobs directly or indirectly affected.

Question on Mr. YUM Sin-ling's motion proposed.

Nine Members and the Secretary for Security spoke on the motion.

Mr. YUM Sin-ling replied.

Question on the motion put and agreed to.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 6 December 1995.

Adjourned accordingly at fourteen minutes past nine o’clock.

Last Updated on 29 July 1999