LegCo Paper No. CB 452/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 16 of 1995/96

Minutes of the sitting held on Wednesday 31 January 1996 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 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 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 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., LL.D.(Cantab), J.P.
    The Honourable LO Suk-ching

In attendance:

The Honourable Mrs. Anson CHAN, C.B.E., J.P.
The Chief 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
The Honourable Michael SZE Cho-cheung, C.B.E., I.S.O., J.P.
Secretary for the Civil Service
Mr. Haider Hatim Tyebjee BARMA, I.S.O., J.P.
Secretary for Transport
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. 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

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. Amusement Rides (Safety) (Fees) (Amendment) Regulation 1996

60/96

2. Allowances to Jurors (Amendment) Order 1996

61/96

3. Official Languages (Alteration of Text) (Credit Unions Ordinance) Order 1996

62/96

4. Official Languages (Authentic Chinese Text) (Credit Unions Ordinance) Order

(C) 1/96

5. Official Languages (Authentic Chinese Text) (Royal Hong Kong Auxiliary Police Force Ordinance) Order

(C) 2/96

6. Official Languages (Authentic Chinese Text) (Auxiliary Forces Pay and Allowances Ordinance) Order

(C) 3/96

7. Official Languages (Authentic Chinese Text) (Mass Transit Railway (Land Resumption and Related Provisions) Ordinance) Order

(C) 4/96

8. Official Languages (Authentic Chinese Text) (Fisheries Protection Ordinance) Order

(C) 5/96

9. Official Languages (Authentic Chinese Text) (Country Parks Ordinance) Order

(C) 6/96

10. Official Languages (Authentic Chinese Text) (Industrial Training (Construction Industry) Ordinance) Order

(C) 7/96

11. Official Languages (Authentic Chinese Text) (Industrial Training (Clothing Industry) Ordinance) Order

(C) 8/96

12. Official Languages (Authentic Chinese Text) (Forests and Countryside Ordinance) Order

(C) 9/96

QUESTIONS

1. Mr. Ambrose LAU asked Question 1.

The Chief Secretary replied.

Three Members asked supplementaries and the Chief Secretary and the Secretary for the Civil Service replied.

2. Mr. LAU Chin-shek asked Question 2.

The Secretary for the Civil Service replied.

Three Members asked supplementaries and the Secretary for the Civil Service replied.

3. Dr. LAW Cheung-kwok asked Question 3.

The Secretary for Financial Services replied.

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

4. Mr. James TIEN asked Question 4.

The Chief Secretary replied.

Three Members asked supplementaries and the Chief Secretary replied.

5. Mr. HO Chun-yan asked Question 5.

The Secretary for Transport replied.

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

6. Mr. James TO asked Question 6.

The Secretary for Security replied.

Two Members asked supplementaries and the Secretary for Security replied.

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

BILLS

FIRST READING

Biological Weapons Bill

Criminal Procedure (Amendment) Bill 1996

Mental Health (Amendment) Bill 1996

Environmental Impact Assessment 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

Biological Weapons Bill

Criminal Procedure (Amendment) Bill 1996

Mental Health (Amendment) Bill 1996

The Secretary for Security moved the second reading and addressed the Council on each of the above three bills.

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.

Environmental Impact Assessment Bill

The Secretary for Planning, Environment and Lands 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.

MEMBER'S MOTIONS

PROTECTION OF WAGES ON INSOLVENCY ORDINANCE

Mr. LEE Cheuk-yan moved the motion in Annex I and addressed the Council.

Question on the motion proposed.

The Secretary for Education and Manpower moved the amendment in Annex II to Mr. LEE Cheuk-yan's motion and addressed the Council.

Question on the Secretary for Education and Manpower's amendment to Mr. LEE Cheuk-yan's motion proposed.

10 Members spoke on the motion and the amendment.

Mr. LEE Cheuk-yan spoke on the amendment.

Question on the Secretary for Education and Manpower's amendment to Mr. LEE Cheuk-yan's motion put. The President stated that he thought the amendment 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 26 votes for the amendment and 27 votes against it. (Voting record in Annex III.) He declared that the Secretary for Education and Manpower's amendment to Mr. LEE Cheuk-yan's motion was negatived.

Mr. LEE Cheuk-yan replied.

Question on Mr. LEE Cheuk-yan's original motion put. The President stated that he thought the motion had been negatived.

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

The President announced that there were 33 votes for the motion and 23 votes against it. (Voting record in Annex IV.) He declared that Mr. LEE Cheuk-yan's original motion was carried.

POLICY ON CHINESE IMMIGRANTS

Mr. LAW Chi-kwong moved the following motion and addressed the Council:

That, in view of the fact that more than 53,000 immigrants are arriving from China annually, this Council urges the Government to expeditiously formulate a comprehensive policy to assist these Chinese immigrants in adjusting to the local way of life and establishing a sense of belonging in Hong Kong as soon as possible; and to make provisions in the relevant policies in anticipation of the impact on the community which may be brought about by the possible influx, within a short period after 1 July 1997, of tens of thousands of children from China, who will have the right of abode in Hong Kong under the Basic Law.

Question on Mr. LAW Chi-kwong's motion proposed.

The Secretary for Home Affairs and five Members spoke on the motion.

At 6:23 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another nine Members spoke on the motion.

At 7:15 p.m., the President resumed the chair.

Two further Members, the Secretary for Education and Manpower, the Secretary for Housing and the Secretary for Health and Welfare spoke on the motion.

Mr. LAW Chi-kwong replied.

Question on the motion put and agreed to.

SHADOW GOVERNMENT

Miss Emily LAU moved the following motion and addressed the Council:

That, in view of the public’s lack of confidence in the vague promise made by the Chinese officials that a 'second power centre' will not be established in Hong Kong, and their fear that the Chinese Government will unilaterally form a 'shadow government', thereby resulting in the continuation of colonial rule in Hong Kong after 1 July 1997, this Council urges the Chinese Government to immediately make preparation for the Chief Executive and Members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) to be elected on the basis of one person one vote, and to allow all people of Hong Kong to fully participate in the formation of the HKSAR Government.

Question on Miss Emily LAU's motion proposed.

Mr. Bruce LIU, Mr. David CHU and Mr. IP Kwok-him addressed the Council on the motion and their proposed amendments respectively.

22 Members and the Secretary for Constitutional Affairs spoke on the motion and the amendments.

Miss Emily LAU spoke on the amendments.

Mr. Bruce LIU moved the following amendment to Miss Emily LAU's motion:

To delete "view of the public’s lack of confidence in the vague promise made by the Chinese officials that a ‘second power centre’ will not be established in Hong Kong, and their fear that the Chinese Government will unilaterally form a ‘shadow government’, thereby resulting in the continuation of colonial rule in Hong Kong after 1 July 1997," and substitute with "order to avoid Hong Kong being subjected to colonial rule after 1 July 1997 and to give effect to the principle of ‘Hong Kong people ruling Hong Kong’"; to delete "Chinese" after "this Council urges the" and substitute with "British"; to delete "immediately make preparation for" and substitute with "raise with the Chinese Government that the Selection Committee with wide representation should be formed by way of election in accordance with the Basic Law, and that amendments should be made to the Basic Law expeditiously after 1 July 1997 in order that"; and to delete all the words after "Members of the Legislative Council" and substitute with "will be directly elected by universal suffrage".

Question on Mr. Bruce LIU's amendment to Miss Emily LAU's motion proposed and 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 50 votes against it. (Voting record in Annex V.) He declared that Mr. Bruce LIU's amendment to Miss Emily LAU's motion was negatived.

With the consent of the President, Dr. C.H. LEONG rose to move the following motion without notice:

That in the event of further divisions being claimed in respect of the motion on "Shadow government" and any amendments thereto, Standing Order 36(4) be suspended so that the President may order that the Council shall proceed to each of such divisions immediately after the division bell has been rung for one minute.

Question on the motion proposed, put and agreed to.

Mr. David CHU moved the following amendment to Miss Emily LAU's motion:

To delete ", in view of the public’s lack of confidence in the vague promise made by the Chinese officials that a" and substitute with "this Council acknowledges the assurances from the Chinese officials that there will be no"; to delete "will not be established"; and to delete all the words after "in Hong Kong" and substitute with "and that it will cooperate with the Preparatory Committee in achieving a smooth transition, in nominating the Chief Executive and in forming the first Legislative Council of the Special Administrative Region according to the methods laid down in the Basic Law".

Question on Mr. David CHU's amendment to Miss Emily LAU's motion proposed and put. The President stated that he thought the amendment had been negatived.

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

The President announced that there were 25 votes for the amendment and 26 votes against it. (Voting record in Annex VI.) He declared that Mr. David CHU's amendment to Miss Emily LAU's motion was negatived.

Mr. IP Kwok-him moved the following amendment to Miss Emily LAU's motion:

To delete "in view of the public’s lack of confidence in the vague promise made by the Chinese officials that" and substitute with "as the Chinese officials have clearly promised that the Preparatory Committee of the Hong Kong Special Administrative Region (HKSAR) will not become"; to delete "will not be established in Hong Kong, and their fear that the Chinese Government will unilaterally form a ‘shadow government’, thereby resulting in the continuation of colonial rule in Hong Kong after 1 July 1997"; to delete "Chinese" after "this Council urges the" and substitute with "Hong Kong"; and to delete "for the Chief Executive and Members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) to be elected on the basis of one person one vote, and to allow all people of Hong Kong to fully participate in the" and substitute with "to co-operate fully with the Preparatory Committee, so as to ensure the smooth".

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

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

The President announced that there were 26 votes for the amendment and 26 votes against it. (Voting record in Annex VII.) The President stated that he would cast his casting vote according to the principles adopted by the Speakers in the House of Commons of the United Kingdom Parliament. He then exercised his casting vote in the negative and declared that Mr. IP Kwok-him's amendment to Miss Emily LAU's motion was negatived.

Miss Emily LAU replied.

Question on Miss Emily LAU's original motion put. The President stated that he thought the motion had been carried.

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 26 votes for the motion and 26 votes against it. (Voting record in Annex VIII.) The President stated that he would again cast his casting vote according to the principles adopted by the Speakers in the House of Commons of the United Kingdom Parliament. He then exercised his casting vote in the negative and declared that Miss Emily LAU's original motion was negatived.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Thursday, 1 Feburary 1996.

Adjourned accordingly at eleven o’clock.

Last Updated on 29 July 1999