LegCo Paper No. CB(3) 970/96-97

THE LEGISLATIVE COUNCIL

MINUTES
No. 30 of 1996-97
Minutes of the sitting held on Wednesday 7 May 1997 at 2:30 pm

Members present:

    President -- The Honourable Andrew WONG Wang-fat, OBE, JP
    The Honourable Mrs Selina CHOW LIANG Shuk-yee, OBE, JP
    The Honourable Martin LEE Chu-ming, QC, JP
    The Honourable NGAI Shiu-kit, OBE, JP
    The Honourable SZETO Wah
    The Honourable LAU Wong-fat, OBE, JP
    The Honourable Ronald Joseph ARCULLI, OBE, JP
    The Honourable Mrs Miriam LAU Kin-yee, OBE, JP
    Dr the Honourable Edward LEONG Che-hung, OBE, JP
    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, MBE
    The Honourable Emily LAU Wai-hing
    The Honourable LEE Wing-tat
    The Honourable Eric LI Ka-cheung, OBE, JP
    The Honourable Henry TANG Ying-yen, JP
    The Honourable James TO Kun-sun
    Dr the Honourable Philip WONG Yu-hong
    Dr the Honourable YEUNG Sum
    The Honourable Howard YOUNG, JP
    The Honourable Zachary WONG Wai-yin
    The Honourable Christine LOH Kung-wai
    The Honourable James TIEN Pei-chun, OBE, JP
    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, JP
    The Honourable Albert HO Chun-yan
    The Honourable IP Kwok-him
    The Honourable LAU Chin-shek
    The Honourable Ambrose LAU Hon-chuen, JP
    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

Members absent:

    The Honourable Allen LEE Peng-fei, CBE, JP
    Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
    The Honourable Edward HO Sing-tin, OBE, JP
    The Honourable Albert CHAN Wai-yip
    The Honourable Fred LI Wah-ming
    Dr the Honourable Samuel WONG Ping-wai, OBE, FEng, JP
    The Honourable David CHU Yu-lin
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP
    The Honourable Lawrence YUM Sin-ling
Public officers attending:
    The Honourable Mrs Anson CHAN, CBE, JP
    The Chief Secretary
    The Honourable Donald TSANG Yam-kuen, OBE, JP
    The Financial Secretary
    The Honourable Jeremy Fell MATHEWS, CMG, JP
    The Attorney General
    Mr Gordon SIU Kwing-chue, JP
    Secretary for Transport
    Mr Dominic WONG Shing-wah, OBE, JP
    Secretary for Housing
    Mrs Katherine FOK LO Shiu-ching, OBE, JP
    Secretary for Health and Welfare
    Mr Joseph WONG Wing-ping, JP
    Secretary for Education and Manpower
    Mr Bowen LEUNG Po-wing, JP
    Secretary for Planning, Environment and Lands
    Mr Stephen IP Shu-kwan, JP
    Secretary for Economic Services
    Mrs Rita LAU NG Wai-lan, JP
    Secretary for Broadcasting, Culture and Sport
    Mrs Carrie YAU TSANG Ka-lai, JP
    Secretary for Security

Clerks in attendance:

    Mr Ricky FUNG Choi-cheung
    Secretary General
    Mr LAW Kam-sang
    Deputy Secretary General
    Mrs Justina LAM CHENG Bo-ling
    Assistant Secretary General (2)



Papers

The following papers were laid on the table pursuant to Standing Order No. 14(2):

Subsidiary LegislationL.N. NO.
1. Auxiliary Forces Pay and Allowances (Pensions) Regulation184/97
2. Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) (No.2) Order 1997185/97
3. Tramway Ordinance (Alteration of Fares) (Amendment) Notice 1997186/97
4. Electrical Products (Safety) Regulation187/97
5. Television (Royalty and Licence Fees) (Amendment) Regulation 1997188/97
6. Housing Ordinance (Amendment of Schedule) Order 1997189/97
7. Noise Control Ordinance (Exemption from Section 6(1) and (2) (Chek Lap Kok Airport)) Order190/97
8. Emergency Powers (Extension and Amendment Incorporation) Ordinance (Expiry of Regulations) Order 1997191/97
9. Official Languages (Alteration of Text Under Section 4D) (No.13) Order 1997192/97
10. Official Languages (Alteration of Text Under Section 4D) (No.14) Order 1997193/97
11. Rabies Regulation (Replacement of Schedule 1) Notice 1997194/97
12. Travel Agents Ordinance (Specification of Fund Levy) Notice195/97
13. Fire Safety (Commercial Premises) Ordinance (19 of 1997) (Commencement) Notice 1997196/97
14. Official Languages (Authentic Chinese Text) (Pension Benefits Ordinance) Order(C) 103/97
15. Official Languages (Authentic Chinese Text) (The Helena May Incorporation Ordinance) Order(C) 104/97
16. Official Languages (Authentic Chinese Text) (Society of Boys' Centres Incorporation Ordinance) Order(C) 105/97
17. Official Languages (Authentic Chinese Text) (St. Joseph's College Incorporation Ordinance) Order(C) 106/97
18. Official Languages (Authentic Chinese Text) (St. Stephen's College Incorporation Ordinance) Order(C) 107/97
19. Official Languages (Authentic Chinese Text) (Hong Kong Society for the Protection of Children Incorporation Ordinance) Order(C) 108/97
20. Official Languages (Authentic Chinese Text) (Hong Kong Society for the Blind Incorporation Ordinance) Order(C) 109/97
21. Official Languages (Authentic Chinese Text) (Society for the Relief of Disabled Children Incorporation Ordinance) Order(C) 110/97
22. Official Languages (Authentic Chinese Text) (St. John's College Ordinance) Order(C) 111/97
23. Official Languages (Authentic Chinese Text) (St. Paul's College Council Incorporation Ordinance) Order(C) 112/97
24. Official Languages (Authentic Chinese Text) (Public Health (Animals and Birds) Ordinance) Order(C) 113/97
25. Official Languages (Authentic Chinese Text) (The Hong Kong and China Gas Company (Transfer of Incorporation) Ordinance) Order(C) 114/97
26. Official Languages (Authentic Chinese Text) (Public Bus Services Ordinance) Order(C) 115/97

Questions

1. Mrs Miriam LAU asked Question 1.

The Secretary for Economic Services replied.

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

2. Miss Christine LOH asked Question 2.

The Secretary for Planning, Environment and Lands replied.

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

3. Dr YEUNG Sum asked Question 3.

The Secretary for Security replied.

Two Members asked supplementaries and the Secretary for Security replied.

4. Mr CHAN Wing-chan asked Question 4.

The Secretary for Education and Manpower replied.

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

5. Mr LEUNG Yiu-chung asked Question 5.

The Secretary for Education and Manpower replied.

A Member asked one supplementary and the Secretary for Education and Manpower replied.

6. Mr FUNG Kin-kee asked Question 6.

The Secretary for Housing replied.

Three Members asked supplementaries and the Secretary for Housing replied.

Written replies to Questions 7 to 19 were tabled for Members’ information.

Government Motions

Pharmacy and Poisons Ordinance

The Secretary for Health and Welfare moved the following motion and addressed the Council:

That the Pharmacy and Poisons (Amendment) Regulation 1997, made by the Pharmacy and Poisons Board on 9 April 1997, be approved.

Question on the motion proposed.

A Member spoke on the motion.

The Secretary for Health and Welfare replied.

Question on the motion put and agreed to.

Government Bills

Second Reading

Places of Public Entertainment (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 5 March 1997.

Mrs Selina CHOW moved the following motion under Standing Order No.30(1) and addressed the Council:

That the Second Reading debate on the Bill should be adjourned.

Question on Mrs Selina CHOW's motion that the Second Reading debate on the Bill be adjourned was proposed.

Three Members spoke on Mrs CHOW's motion.

Mrs Selina CHOW replied.

Question on Mrs Selina CHOW's motion put and agreed to.

The President declared that the motion that the Second Reading debate on the Bill be adjourned was carried and that no further proceedings would be taken on the Bill at this sitting.

Buildings (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 23 April 1997.

Question on Second Reading put and agreed to.

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

Noise Control (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 9 April 1997.

Question on Second Reading put and agreed to.

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

Merchant Shipping (Collision Damage Liability and Salvage) Bill

Resumption of debate on Second Reading which had been moved on 9 April 1997.

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:

Buildings (Amendment) Bill 1997

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

Question on clauses 1 to 5 put and agreed to.

Noise Control (Amendment) Bill 1997

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

Question on clauses 1, 2 and 3 put and agreed to.

Merchant Shipping (Collision Damage Liability and Salvage) Bill

Question that the following clauses and schedules stand part of the Bill proposed.

Question on clauses 1 to 11 put and agreed to.

Question on schedules 1 and 2 put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Planning, Environment and Lands reported that

the Buildings (Amendment) Bill 1997 and

the Noise Control (Amendment) Bill 1997

had passed through Committee without amendment. He moved that these two Bills be read the third time and do pass.

Question on the Third Reading of the above two Bills proposed, put and agreed to.

Bills read the third time and passed.

The Secretary for Economic Services reported that

the Merchant Shipping (Collision Damage Liability and Salvage) Bill

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.

Members Motions

Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI moved the following motion and addressed the Council:

That in relation to the Air Pollution Control (Construction Dust) Regulation, published as Legal Notice No.127 of 1997 and laid on the table of the Legislative Council on 9 April 1997, 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 that Ordinance to the sitting of 14 May 1997.

Question on the motion proposed, put and agreed to.

Welfare for the elderly

Mr CHAN Wing-chan moved the following motion and addressed the Council:

That, as the problem associated with the ageing population in Hong Kong is becoming more serious and as the problem of poverty among the elderly has aroused grave concern in the community, this Council urges the Government to immediately increase the Comprehensive Social Security Assistance payment to the elderly, expeditiously formulate a comprehensive policy for the elderly and increase the allocation of resources, in order to meet their needs in areas such as finance, housing, medical care, residential care services, community support and settlement in the Mainland etc., so as to enable them to enjoy life in their old age.

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

Mr FUNG Kin-kee moved the following amendment to Mr CHAN Wing-chan's motion and addressed the Council:

To delete "immediately increase the Comprehensive Social Security Assistance payment to the elderly,"; to delete "," after "residential care services", and substitute with "and"; to delete "and settlement in the Mainland"; and to add "; and also urges the Government to introduce the following measures to improve the welfare for the elderly by: (1) increasing the Comprehensive Social Security Assistance (CSSA) payment to one-third of the median personal income, which is approximately $2,900; (2) raising the asset limit of CSSA applicants to $100,000; (3) allowing elderly CSSA recipients, who have settled in places outside Guangdong province in the Mainland, to continue to receive standard CSSA payment; and (4) providing elderly CSSA recipients, who have settled in the Mainland, with the same free medical services which they used to enjoy in Hong Kong" after "to enjoy life in their old age".

Question on Mr FUNG Kin-kee's amendment to Mr CHAN Wing-chan's motion proposed.

Nine Members spoke on the motion and the amendment.

Mr CHAN Wing-chan spoke on the amendment.

The Secretary for Health and Welfare spoke on the motion and the amendment.

Question on Mr FUNG Kin-kee's amendment to Mr CHAN Wing-chan's motion put and agreed to.

Mr CHAN Wing-chan replied.

Question on Mr CHAN Wing-chan's motion as amended by Mr FUNG Kin-kee put and agreed to.

Implementation of mother-tongue education

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

That this Council supports the Government’s adoption of measures under the Firm Guidance on Secondary Schools’ Medium of Instruction to expeditiously implement fully the policy of mother-tongue education which has already been put in place for nearly a decade, so that secondary school students will be able to learn more effectively in their everyday language; furthermore, in order to make up for the environment of mother-tongue education in which students may be less exposed to the English language, this Council urges the Government to strengthen the teaching of the English language in secondary schools so as to enhance the basic proficiency of local students in using English as the second language to complement their pursuit of further studies and future careers, thereby helping the territory to establish its advantageous position as a bilingual society and to maintain its competitiveness in the international business community.

Question on Mrs Selina CHOW's motion proposed. The President stated that Dr LAW Cheung-kwok had given notice to move an amendment to the motion. He proposed that the motion and the amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the amendment be debated together in a joint debate.

Dr LAW Cheung-kwok moved the following amendment to Mrs Selina CHOW's motion and addressed the Council:

To add "in view of the generally low standard of Chinese and English among local students," after "That,"; to delete "supports the Government’s adoption of measures under the Firm Guidance on Secondary Schools’ Medium of Instruction" and substitute with "urges the Government"; to delete "so that secondary school" and substitute with "so as to enable"; to delete "will be able"; to delete "in their everyday language; furthermore, in order to make up for the environment of mother-tongue education in which students may be less exposed to the English language, this Council urges the Government to strengthen the teaching of the English language in secondary schools so as to enhance the basic proficiency of local students in using English as the second language to" and substitute with "; this Council also urges the Government to substantially increase the allocation of resources to improve teacher training and teaching facilities and enhance the proficiency of students to become biliterate and trilingual (Putonghua, Cantonese and English), which will"; to delete "future"; and to delete ", thereby helping the territory to establish its advantageous position as a bilingual society and to maintain its" and substitute with "and at the same time, strengthen the territory’s".

Question on Dr LAW Cheung-kwok's amendment to Mrs Selina CHOW's motion proposed.

At 6:10 pm, the President's Deputy took the chair during the temporary absence of the President.

Nine Members spoke on the motion and the amendment.

At 7:02 pm, the President resumed the chair.

Another three Members spoke on the motion and the amendment.

Mrs Selina CHOW spoke on the amendment.

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

Question on Dr LAW Cheung-kwok's amendment to Mrs Selina CHOW's motion put and negatived.

Mrs Selina CHOW replied.

Question on Mrs Selina CHOW's original motion put and agreed to.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 14 May 1997.

Adjourned accordingly at thirteen minutes to eight o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong


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