LegCo Paper No. CB(2) 2761/96-97
(These minutes have been cleared
by the Chairman)
Ref : CB2/H/5

Minutes of 31st meeting held on Friday, 20 June 1997 at 3:15 pm in the Legislative Council Chamber

Members present :

    Dr Hon LEONG Che-hung, OBE, JP (Chairman)
    Hon Ronald ARCULLI, OBE, JP (Deputy Chairman)
    Hon Allen LEE, CBE, JP
    Hon Mrs Selina CHOW, OBE, JP
    Hon Martin LEE, QC, JP
    Hon Edward S T HO, OBE, JP
    Hon Albert CHAN Wai-yip
    Hon CHEUNG Man-kwong
    Hon Frederick FUNG Kin-kee
    Hon Michael HO Mun-ka
    Hon Emily LAU Wai-hing, JP
    Hon LEE Wing-tat
    Hon Eric LI Ka-cheung, OBE, JP
    Hon Fred LI Wah-ming
    Hon Henry TANG Ying-yen, JP
    Hon James TO Kun-sun
    Dr Hon Philip WONG Yu-hong
    Dr Hon YEUNG Sum
    Hon Howard YOUNG, JP
    Hon Zachary WONG Wai-yin
    Hon LEE Cheuk-yan
    Hon CHAN Kam-lam
    Hon CHAN Wing-chan
    Hon CHAN Yuen-han
    Hon Andrew CHENG Kar-foo
    Hon CHENG Yiu-tong
    Dr Hon Anthony CHEUNG Bing-leung
    Hon CHOY Kan-pui, JP
    Hon David CHU Yu-lin
    Hon IP Kwok-him
    Hon LAU Chin-shek, JP
    Hon Ambrose LAU Hon-chuen, JP
    Hon LAW Chi-kwong
    Hon LEE Kai-ming
    Hon LEUNG Yiu-chung
    Hon Bruce LIU Sing-lee
    Hon LO Suk-ching
    Hon MOK Ying-fan
    Hon Margaret NG
    Hon NGAN Kam-chuen
    Hon SIN Chung-kai
    Hon TSANG Kin-shing
    Dr Hon John TSE Wing-ling
    Hon Mrs Elizabeth WONG, CBE, ISO, JP
    Hon Lawrence YUM Sin-ling

Members absent :

    Dr Hon David K P LI, OBE, LLD (Cantab), JP
    Hon NGAI Shiu-kit, OBE, JP
    Hon SZETO Wah
    Hon LAU Wong-fat, OBE, JP
    Hon Mrs Miriam LAU Kin-yee, OBE, JP
    Hon CHIM Pui-chung
    Dr Hon HUANG Chen-ya, MBE
    Hon Christine LOH Kung-wai
    Hon James TIEN Pei-chun, OBE, JP
    Hon Paul CHENG Ming-fun, JP
    Hon CHEUNG Hon-chung
    Hon Albert HO Chun-yan
    Dr Hon LAW Cheung-kwok

Clerk in attendance :

    Mrs Justina LAM
    Assistant Secretary General 2

Staff in attendance :

    Mr Ricky C C FUNG, JP
    Secretary General

    Mr Jimmy MA
    Legal Adviser

    Mr LAW Kam-sang, JP
    Deputy Secretary General

    Mr LEE Yu-sang
    Senior Assistant Legal Adviser

    Mrs Vivian KAM
    Assistant Secretary General 1 (Acting)

    Mr Ray CHAN
    Assistant Secretary General 3

    Ms Bernice WONG
    Assistant Legal Adviser 1

    Miss Connie FUNG
    Assistant Legal Adviser 3

    Mr Stephen LAM
    Assistant Legal Adviser 4

    Mr Eric PUN
    Assistant Legal Adviser (Authentication Project) 1

    Miss WONG Lai-ming
    Assistant Legal Adviser (Authentication Project) 2

    Ms Shirley WONG
    Assistant Legal Adviser (Authentication Project) 4

    Ms Roselle CHOW
    Assistant Legal Adviser (Authentication Project) 5

    Ms Alice CHOY
    Assistant Legal Adviser (Authentication Project) 6

    Ms LEUNG Siu-kum
    Chief Assistant Secretary (Complaints)

    Ms Kathleen LAU
    Chief Public Information Officer

    Mrs Percy MA
    Chief Assistant Secretary (House Committee)

    Mrs Eleanor CHOW
    Senior Assistant Secretary (House Committee)

I.Confirmation of minutes of meeting held on 13 June 1997

(LegCo Paper No. CB(2) 2702/96-97)

The minutes were confirmed.

II.Matters arising

(a)Report on Chairman’s meeting with the Chief Secretary

(i)Access of Government officials to Ante-chamber

2.The Chairman said that members had agreed at the last meeting that only the Chief Secretary, Financial Secretary, Attorney General and policy secretaries should have access to Ante-chamber during the last sitting. Having considered the view of the Chief Secretary that the number of Government officials in the Ante-chamber would be small at any one time because the bills would be grouped according to policy areas as far as possible, he suggested and members agreed that each policy secretary should be allowed to bring along two staff members to the Ante-chamber.

3.The Chairman added that Conference Room C had been reserved for use by other Government officials for the last sitting.

(ii)Valedictory motion

4.The Chairman said that the Chief Secretary had advised that the Administration would not participate in the debate.

(b)End-of-session dinner

5.The Chairman advised that Government officials and Secretariat staff had been invited to join the end-of-session dinner on 27 June 1997 which would commence at 6:30 pm. Members who wished to join the dinner should advise the Secretariat as soon as possible.

(c)Arrangement for the last sitting

6.The Chairman said that the President had estimated that it should be possible to conclude the sitting on or before 27 June 1997. He had also indicated that he would suspend the sitting on each sitting day at an appropriate time, having regard to the progress of the proceedings.

7.Referring to paragraph 2 of LegCo Paper No. CB(3) 1214/96-97, Miss Emily LAU expressed her concern about the arrangement to conclude the sitting in the evening on 26 June 1997 or in the early morning on 27 June 1997. She said that it was preferrable to have a five-day sitting and to suspend the sitting at about 8:00 pm on each of the sitting days. The Chairman agreed to reflect Miss LAU’s view to the President. Chairman

(d) Memorial service for late Dr Samuel WONG

8.Miss Emily LAU said that as the above service would be held at 6:00 pm on 24 June 1997, special arrangement should be made on that sitting day to facilitate members’ attendance.

9.Mr Albert CHAN suggested that the sitting on that day should be suspended around 6:00 pm and that the President could exercise his discretion as to whether the sitting should be resumed on that day after the memorial service, or on the day following. Dr YEUNG Sum was concerned about the possible disruption to the legislative process. He suggested that each political party or group should nominate one or two representatives to attend the service so that the sitting on that day needed not be suspended. Mr CHAN pointed out that Members’ absence might affect the outcome of voting on certain items of business. He said that since the President was optimistic about concluding the sitting on schedule, his proposal would not adversely affect the progress of proceedings. Members supported his view. The Chairman said that he would reflect members’ views to the President. Chairman

III.Legal Service Division report on the subsidiary legislation tabled in the Legislative Council on 17 June 1997 (gazetted on 13 June 1997)

(LegCo Paper No. LS 238/96-97)

10.The Legal Adviser said that there were a total of 21 items of subsidiary legislation. Except for the Auxiliary Medical Service Regulation and the Civil Aid Service Regulation to which the Administration had agreed to introduce certain textual amendments, the other items were legally in order.

11.In response to Miss Margaret NG, the Legal Adviser said that the Rules of Supreme Court (Amendment) (No. 3) Rules 1997, District Court Civil Procedure (Forms) (Amendment) Rules 1997 and Coroners (Forms) (Amendment) Rules 1997 sought to amend various forms by repealing expressions which carried colonial connotations, and that appropriate amendments had been made to the forms relating to habeas corpus application.

12.Members raised no other queries on the subsidiary legislation.

13.The Legal Adviser added that a number of subsidiary legislation would be gazetted on 20 June 1997, including those relating to the Patents Ordinance and the Registered Designs Ordinance. He said that the policy issues of these two items had already been discussed by the Bills Committees concerned. The Legal Service Division would scrutinize the subsidiary legislation in the usual way and report to Members if necessary. LA

IV.Reports of Panels/Bills Committees/Subcommittees

(a) Report of the Subcommittee on Authentic Chinese Texts of Existing Legislation

(LegCo Paper No. LS 239/96-97, revised Chinese version and Appendix I to the English version tabled and circulated vide LegCo Paper No. CB(2) 2769/96-97)

14.Dr Philip WONG, Chairman of the Subcommittee, reported on the work of the Subcommittee.

15.The Chairman, on behalf of the House Committee, thanked the Assistant Legal Advisers of the Authentication Project Team for their professional contribution and dedication. The Chairman suggested that the Subcommittee’s suggestions as set out in the paper should be conveyed to the future legislature for consideration. Members agreed.


(b) Report of Panel on Information Policy - Development of Information Superhighway and Internet in Hong Kong

(LegCo Paper No. CB(2) 2718/96-97)

16.Referring members to the paper, Miss Emily LAU, Chairman of the Panel, sought members’ agreement to the recommendation of the Panel that the House Committee should write to the Chief Secretary, Financial Secretary, and Chief Executive (Designate) about the setting up of a high level committee, with a balanced membership representing both the public and private sectors. Dr Anthony CHEUNG added that at the meeting held by the Panel on Education that morning, members opined that the development of information technology should be promoted in schools. The Panel had requested the Administration to draw up an overall strategy document for public consultation.

17.Members endorsed the recommendation of the Panel. Chairman

(c) Report of the Panel on Home Affairs

18.Mr Zachary WONG, reported on behalf of Mr Albert HO, Chairman of the Panel. He said that at the meeting held that morning, the Panel was concerned that the concluding report on human rights issues in Hong Kong submitted to the United Nations Human Rights Committee by the UK Government would be in English only. The Panel would write to the British Government requesting that a Chinese version of the report should be made available to Hong Kong. The Panel would also write to the UK Prime Minister and the Chinese Premier urging for continued reporting to the United Nations Committee on Economic, Social and Cultural Rights, and the United Nations Human Rights Committee after the change of sovereignty.

(d)Report of the Bills Committee on Supreme Court (Amendment) Bill 1997

19.Miss Margaret NG, Chairman of the Bills Committee, reported on the latest developments. She said that in response to the Bills Committee, the Administration had agreed to move a Committee stage amendment (CSA) to provide that once a writ of habeas corpus was issued, the detained person concerned might not be removed from Hong Kong before the proceedings were disposed of by the court. The Administration also assured members that the Attorney General would state in his reply during the Second Reading debate that an applicant for habeas corpus would not be removed from jurisdiction without prior notification to his solicitor. The Bills Committee was satisfied with the CSA and the assurance given by the Administration. In the circumstances, she would withdraw her own CSA and that of the Bills Committee on the same subject.

V.Position report on Bills which must be passed before 1 July 1997

(LegCo Paper No. CB(2) 2703/96-97)

20.Members noted the report.

21.The Chairman informed members that over 200 Bills had been scrutinized by LegCo in the past two years-

- Bills already passed by LegCo

: 169

- Bills awaiting resumption of

: 31

Second Reading debate

- Bills not passed

: 9

22.The Chairman, on behalf of the House Committee, thanked the Secretariat for the hard work and contribution for the past two years.

VI.Any Other Business

Meeting on 27 June 1997

23.The Chairman reminded members that the deadline for proposing agenda items for the next meeting on 27 June 1997, if any, was 5:00 pm, 24 June 1997. If no agenda item was received by then, the meeting would be cancelled.

24.The meeting ended at 3:50 pm.

Legislative Council Secretariat

25 June 1997

Last Updated on 16 August 1999