LegCo Sitting (Minutes) 11 June 1997

LegCo Paper No. CB(3) 1315/96-97

THE LEGISLATIVE COUNCIL

MINUTES No. 35 of 1996-97
Minutes of the sitting held on Wednesday 11 June 1997 at 2:30 pm


Members present:

    President -- The Honourable Andrew WONG Wang-fat, OBE, JP
    The Honourable Allen LEE Peng-fei, CBE, JP
    The Honourable Mrs Selina CHOW LIANG Shuk-yee, OBE, JP
    The Honourable Martin LEE Chu-ming, QC, JP
    Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
    The Honourable NGAI Shiu-kit, OBE, JP
    The Honourable SZETO Wah
    The Honourable LAU Wong-fat, OBE, JP
    The Honourable Edward HO Sing-tin, 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 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, MBE
    The Honourable Emily LAU Wai-hing
    The Honourable LEE Wing-tat
    The Honourable Eric LI Ka-cheung, OBE, JP
    The Honourable Fred LI Wah-ming
    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 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, 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
    Dr the Honourable John TSE Wing-ling
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP
    The Honourable Lawrence YUM Sin-ling

Member absent:

    The Honourable TSANG Kin-shing

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
Mrs Katherine FOK LO Shiu-ching, OBE, JP
Secretary for Health and Welfare
Mr Rafael HUI Si-yan, JP
Secretary for Financial Services
Mr Joseph WONG Wing-ping, JP
Secretary for Education and Manpower
Mr Peter LAI Hing-ling, JP
Secretary for Security
Mr KWONG Ki-chi, JP
Secretary for the Treasury
Mr Mrs Stella HUNG KWOK Wai-ching, JP
Secretary for Home Affairs
Mr Patrick LAU Lai-chiu, JP
Secretary for Planning, Environment and Lands

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)
Mr Ray CHAN Yum-mou,
Assistant Secretary General (3)



Papers

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

Subsidiary LegislationL.N. NO.
1. Government Rent (Assessment and Collection) Regulation296/97
2. Patents (Designation of Patent Offices) Notice297/97
3. Public Health and Municipal Services Ordinance (Amendment of Fifth Schedule) Order 1997298/97
4. Land Survey Ordinance (Cap.473) (Commencement) Notice 1997301/97
5. Social Workers Registration Ordinance (28 of 1997) (Commencement) Notice 1997302/97
6. Transfer of Sentenced Persons Ordinance (51 of 1997) (Commencement) Notice 1997303/97
7. Air Pollution Control (Construction Dust) Regulation (L.N. 127 of 1997) (Commencement) Notice 1997304/97
8. Hong Kong Letters Patent 1917 to 1995 Authorization by the Governor 305/97

Sessional Papers 1996-97

No.106 - Employees Retraining Board
Annual Report 1995-1996
No.107 - Report of the Select Committee to Inquire into the Circumstances Surrounding the Departure of Mr LEUNG Ming-yin from the Government and Related Issues
No.108 - Report of the Public Accounts Committee on Report No.28 of the Director of Audit on the Results of Value for Money Audits (June 1997 - P.A.C. Report No.28)
No.109 - Report of the Special Meetings of the Finance Committee on the Draft Estimates of Expenditure 1997-98

Addresses

Mr IP Kwok-him presented the "Report of the Select Committee to Inquire into the Circumstances Surrounding the Departure of Mr LEUNG Ming-yin from the Government and Related Issues" and addressed the Council.

Mr Eric LI presented the "Report of the Public Accounts Committee on Report No.28 of the Director of Audit on the Results of Value for Money Audits (June 1997 - P.A.C. Report No.28)" and addressed the Council.

Dr YEUNG Sum presented the "Report of the Special Meetings of the Finance Committee on the Draft Estimates of Expenditure 1997-98" and addressed the Council.

Questions

1. Mr CHEUNG Man-kwong asked Question 1.

The Secretary for Education and Manpower replied.

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

2. Mrs Miriam LAU asked Question 2.

The Secretary for Transport replied.

Eight Members asked supplementaries and the Secretary for Transport replied.

3. Mr SIN Chung-kai asked Question 3.

The Secretary for the Treasury replied.

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

4. Mr Michael HO asked Question 4.

The Secretary for Health and Welfare replied.

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

5. Mr MOK Ying-fan asked Question 5.

The Secretary for Health and Welfare replied.

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

6. Mr Ambrose LAU asked Question 6.

The Secretary for Planning, Environment and Lands replied.

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

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

Government Motions

Road Traffic Ordinance

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

That the period for which there remains in force the limit on the number of vehicles which may be registered as public light buses specified in the Public Light Buses (Limitation on Number) Notice published as Legal Notice No. 146 of 1986 and extended to 20 June 1997 by Legal Notice No. 245 of 1995, be further extended to 20 June 1999.

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 1997, made by the Governor in Council on 20 May 1997, be approved.

Question on the motion proposed.

A Member spoke on the motion.

The Secretary for Security replied.

Question on the motion put and agreed to.

Inland Revenue Ordinance

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

That Part II of Schedule 6 to the Inland Revenue Ordinance be amended by adding -

"10. The African Development Bank.".

Question on the motion proposed, put and agreed to.

Government Bills

Second Reading

Dutiable Commodities (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 30 April 1997.

13 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.

Supplementary Appropriation (1996-97) Bill 1997

Resumption of debate on Second Reading which had been moved on 4 June 1997.

Question on Second Reading put and agreed to.

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

Marriage and Children (Miscellaneous Amendments) Bill 1997

Resumption of debate on Second Reading which had been moved on 30 April 1997.

A Member spoke on the motion.

The Secretary for Home Affairs 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:

Dutiable Commodities (Amendment) Bill 1997

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

Question on clauses 1, 2 and 4 put and agreed to.

Dr LAW Cheung-kwok moved an amendment to clause 3(a) and addressed the Committee.

Three Members and the Secretary for the Treasury spoke on the amendment.

Dr LAW Cheung-kwok replied.

Question on the amendment put.

Dr LAW Cheung-kwok claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 25 votes for the amendment and 29 votes against it. (Voting record in Appendix I.) He declared that the amendment was negatived.

With the consent of the Chairman, 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 remaining motions at the Committee Stage of the Dutiable Commodities (Amendment) Bill 1997 at this sitting, Standing Order No. 36(4) be suspended so that the Chairman may order that the Committee do 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.

Mrs Miriam LAU moved an amendment to subparagraph (ii) of clause 3(c) and addressed the Committee.

Two Members and the Secretary for the Treasury spoke on the amendment.

Mrs Miriam LAU replied.

Question on the amendment put.

Mrs Miriam LAU claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 45 votes for the amendment and 6 votes against it. (Voting record in Appendix II.) He declared that the amendment was agreed.

Mrs Miriam LAU moved another amendment to subparagraph(iii) of clause 3(c) and addressed the Committee.

Three Members and the Secretary for the Treasury spoke on the amendment.

Mrs Miriam LAU replied.

Question on the amendment put.

Mrs Miriam LAU claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 11 votes for the amendment and 41 votes against it. (Voting record in Appendix III.). He declared that the amendment was negatived.

Mrs Miriam LAU moved a further amendment to subparagraph (iv) of clause 3(c) and addressed the Committee.

Question on the amendment put and negatived.

Question that clause 3, as amended, stand part of the Bill put and agreed to.

New clause 5 read the first time.

Mrs Miriam LAU moved the Second Reading of new clause 5 and addressed the Committee. Question on the Second Reading of new clause 5 proposed.

The Secretary for the Treasury spoke on the motion.

Question on the Second Reading of new clause 5 put and agreed to.

New clause 5 read the second time.

Mrs Miriam LAU moved the addition of new clause 5 to the Bill. Question on the addition proposed, put and agreed to.

At 6:32 pm, the Chairman ordered that the Committee be suspended and granted leave to the Secretary for the Treasury to revise the terms of his proposed new clause 5.

The Committee resumed at 6:40 pm.

Heading before new clause 6 and new clause 6 read the first time.

The Secretary for the Treasury moved the Second Reading of heading before new clause 6 and new clause 6 and addressed the Committee.

Question on the Second Reading of heading before new clause 6 and new clause 6 proposed, put and agreed to.

Heading before new clause 6 and new clause 6 read the second time.

The Secretary for the Treasury moved the addition of heading before new clause 6 and new clause 6 to the Bill. Question on the addition proposed, put and agreed to.

Supplementary Appropriation (1996-97) Bill 1997

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

Question on clauses 1 and 2 put and agreed to.

Question on the schedule put and agreed to.

Marriage and Children (Miscellaneous Amendments) Bill 1997

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

Question on clauses 1 to 34 put and agreed to.

The Council then resumed.

Third Reading

The Secretary for the Treasury reported that

    the Dutiable Commodities (Amendment) Bill 1997

had passed through Committee with amendments and

    the Supplementary Appropriation (1996-97) 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 two Bills proposed, put and agreed to.

Bills read the third time and passed.

The Secretary for Home Affairs reported that

    the Marriage and Children (Miscellaneous Amendments) Bill 1997

had passed through Committee without amendment. She 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

Legislate for protection of overtime work

Mr Andrew CHENG moved the following motion and addressed the Council:

That this Council urges the Government to become a signatory to the Hours of Work Conventions, and to legislate as soon as possible to ensure that employees will receive reasonable reward for their overtime work.

Question on the motion proposed.

At 6:50 pm, the President's Deputy took the chair during the temporary absence of the President.

Six Members and the Secretary for Education and Manpower spoke on the motion.

At 7:40 pm, the President resumed the chair.

Mr Andrew CHENG replied.

Question on the motion put.

Mr Andrew CHENG claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 35 votes for the motion and nine votes against it. (Voting record in Appendix IV.) He declared that the motion was carried.

Registration and regulatory framework for Chinese medicine

Mr MOK Ying-fan moved the following motion and addressed the Council:

That this Council urges the Government to give positive consideration to the recommendations of the Preparatory Committee on Chinese Medicine, consult members of the profession and the public on the subject, and set up as soon as possible a proper registration and regulatory framework for Chinese medicine and draw up a timetable for putting it in place, so that Chinese medicine can be expeditiously incorporated into the territory’s health care and education systems, which will serve to protect the interests of the community.

Question on the motion proposed.

Five Members and the Secretary for Health and Welfare spoke on the motion.

Mr MOK Ying-fan replied.

Question on the motion put and agreed to.

Members' Bills

Second Reading

Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996

Resumption of debate on Second Reading which had been moved on 10 July 1996.

Nine Members spoke on the motion.

At 9:58 pm, the President's Deputy took the chair during the temporary absence of the President.

Another two Members spoke on the motion.

At 10:21 pm, the President resumed the chair.

Two more Members and the Secretary for Home Affairs spoke on the motion.

Miss Christine LOH replied.

Question on Second Reading put. As the President could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 29 votes for the motion and 26 votes against it. (Voting record in Appendix V.) He declared that the motion was carried.

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

Employment (Amendment) (No.4) Bill 1996

Resumption of debate on Second Reading which had been moved on 23 October 1996.

Three Members and the Secretary for Education and Manpower spoke on the motion.

Mr LEUNG Yiu-chung replied.

Question on Second Reading put.

Mr LEUNG Yiu-chung claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 22 votes for the motion and 30 votes against it. (Voting record in Appendix VI.) He declared that the motion was negatived and no further proceedings would be taken on the Bill.

Committee Stage

The Council went into Committee and considered the Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996.

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

Miss Christine LOH moved amendments to clauses 1, 2, 10, 14, 15, 18 and 19 and addressed the Committee.

The Secretary for Home Affairs spoke on the amendments.

Question on the amendments put and agreed to.

The Chairman stated that as the amendments to clauses 2, 14, 15, 18 and 19, which dealt with deletions, had been agreed, clauses 2, 14, 15, 18 and 19 were deleted from the Bill.

Question that clauses 1 and 10, as amended, stand part of the Bill put and agreed to.

Miss Christine LOH moved an amendment to clause 3 and addressed the Committee.

The Secretary for Home Affairs spoke on the amendment.

Miss Christine LOH replied.

Question on the amendment put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 36(4).

The Chairman announced that there were 25 votes for the amendment and 31 votes against it. (Voting record in Appendix VII.) He declared that the amendment was negatived.

With the consent of the Chairman, 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 remaining motions at the Committee Stage of the Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996 at this sitting, Standing Order No. 36(4) be suspended so that the Chairman may order that the Committee do 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.

Question on the original clause 3 standing part of the Bill put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 24 votes for the motion and 31 votes against it. (Voting record in Appendix VIII.) He declared that the motion was negatived.

The Chairman stated that as the Committee had not agreed to clause 3 standing part of the Bill, that by implication meant that clause 13 (which was related to clause 3) standing part of the Bill was also not agreed. Clause 13 would not therefore be called and would not stand part of the Bill.

Miss Christine LOH moved amendments to clauses 4, 5 and 6 and addressed the Committee.

The Secretary for Home Affairs spoke on the amendments.

Question on the amendments put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 25 votes for the amendments and 30 votes against them. (Voting record in Appendix IX.) He declared that the amendments were negatived.

Question on the original clauses 4, 5 and 6 standing part of the Bill put and negatived.

Miss Christine LOH moved amendments to clause 7 and addressed the Committee.

The Secretary for Home Affairs spoke on the amendments.

Miss Christine LOH replied.

Question on the amendments put and agreed to.

Question that clause 7, as amended, stand part of the Bill put.

Miss Christine LOH and Mr Albert CHAN claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 31 votes for the amendments and 25 votes against them. (Voting record in Appendix X.) He declared that the amendments were agreed.

The Secretary for Home Affairs spoke on clauses 8, 9, 22 and 23.

Question on clauses 8, 9, 22 and 23 standing part of the Bill put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 30 votes for the motion and 26 votes against it. (Voting record in Appendix XI.) He declared that the motion was carried.

The Secretary for Home Affairs and a Member spoke on clause 11.

Miss Christine LOH replied.

Question on clause 11 standing part of the Bill put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 26 votes for the motion and 30 votes against it. (Voting record in Appendix XII.) He declared that the motion was negatived.

15 Members spoke on clause 12.

With the consent of the Chairman, Dr YEUNG Sum rose to move the following motion without notice:

That the question on clause 12 be now put.

The Chairman suspended the sitting at 1:42 am.

The Committee resumed at 1:53 am.

The Chairman explained the rationale for Dr YUENG Sum's motion, making reference to the practice in the UK House of Commons.

Question on the motion proposed and put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 55 votes for the motion and no vote against it. (Voting record in Appendix XIII.) He declared that the motion: That the question on clause 12, be now put, was carried.

Question on clause 12 standing part of the Bill put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 23 votes for the motion and 33 votes against it. (Voting record in Appendix XIV.) He declared that the motion was negatived.

Miss Christine LOH moved an amendment to clause 16 and addressed the Committee.

Two Members and the Secretary for Home Affairs spoke on the amendment.

Miss Christine LOH replied.

Question on the amendment put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 31 votes for the amendment and 25 votes against it. (Voting record in Appendix XV.) He declared that the amendment was agreed.

Question that clause 16, as amended, stand part of the Bill put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 31 votes for the motion and 25 votes against it. (Voting record in Appendix XVI.) He declared that the motion was carried.

The Secretary for Home Affairs spoke on clause 17.

Miss Christine LOH replied.

Question on clause 17 standing part of the Bill put and negatived.

The Secretary for Home Affairs spoke on clause 20.

Miss Christine LOH replied.

Question on clause 20 standing part of the Bill put.

Miss Christine LOH claimed a division. The Chairman then ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 31 votes for the motion and 25 votes against it. (Voting record in Appendix XVII.) He declared that the motion was carried.

Miss Christine LOH moved an amendment to clause 21 and addressed the Committee.

The Secretary for Home Affairs spoke on the amendment.

Question on the amendment put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 30 votes for the amendment and 26 votes against it. (Voting record in Appendix XVIII.) He declared that the amendment was agreed.

Question that clause 21, as amended, stand part of the Bill put and agreed to.

Miss Christine LOH moved an amendment to clause 24 and addressed the Committee.

The Secretary for Home Affairs spoke on the amendment.

Miss Christine LOH replied.

Question on the amendment put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 25 votes for the amendment and 30 votes against it. (Voting record in Appendix XIX.) He declared that the amendment was negatived.

Question on the original clause 24 standing part of the Bill put and negatived.

Miss Christine LOH moved amendments to clauses 25, 28, 29, 31, 32, 33, 35, 36, 39 and 40 and addressed the Committee.

The Secretary for Health and Welfare spoke on the amendments.

Question on the amendments put and agreed to.

The Chairman stated that as the amendments to clauses 25, 28, 29, 31, 32, 33, 35, 36, 39 and 40, which dealt with deletions, had been agreed, clauses 25, 28, 29, 31, 32, 33, 35, 36, 39 and 40 would therefore be deleted from the Bill.

Miss Christine LOH moved an amendment to clause 26 and addressed the Committee.

The Secretary for Health and Welfare spoke on the amendment.

Question on the amendment put and negatived.

Question on the original clause 26 standing part of the Bill put and negatived.

Miss Christine LOH moved amendments to clause 27 and addressed the Committee.

The Secretary for Health and Welfare spoke on the amendments.

Question on the amendments put and negatived.

Question on the original clause 27 standing part of the Bill put and negatived.

The Secretary for Health and Welfare spoke on clause 34.

Question on clause 34 standing part of the Bill put and negatived.

The Secretary for Health and Welfare spoke on clause 37.

Miss Christine LOH replied.

Question on clause 37 standing part of the Bill put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 30 votes for the motion and 25 votes against it. (Voting record in Appendix XX.) He declared that the motion was carried.

Miss Christine LOH moved an amendment to clause 38 and addressed the Committee.

The Secretary for Health and Welfare spoke on the amendment.

Miss Christine LOH replied.

Question on the amendment put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 29 votes for the amendment and 25 votes against it. (Voting record in Appendix XXI.) He declared that the amendment was agreed.

Question that clause 38, as amended, stand part of the Bill put and agreed to.

New clause 16A read the first time.

Miss Christine LOH moved the Second Reading of new clause 16A and addressed the Committee. Question on the Second Reading of new clause 16A proposed.

Two Members and the Secretary for Home Affairs spoke on the motion.

Miss Christine LOH replied.

Question on the Second Reading of new clause 16A put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 33 votes for the motion and 22 votes against it. (Voting record in Appendix XXII.) He declared that the motion was carried.

New clause 16A read the second time.

Miss Christine LOH moved the addition of new clause 16A to the Bill. Question on the addition proposed, put and agreed to.

New clause 16B read the first time.

Miss Christine LOH moved the Second Reading of new clause 16B and addressed the Committee. Question on the Second Reading of new clause 16B proposed.

A Member and the Secretary for Home Affairs spoke on the motion.

Miss Christine LOH replied.

Question on the Second Reading of new clause 16B put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 27 votes for the motion and 27 votes against it. (Voting record in Appendix XXIII.) The Chairman stated that he had previously exercised his casting vote in accordance with Speaker DENISON's decision in 1867. He then exercised his casting vote in the negative and declared that the motion was negatived.

New clause 33A read the first time.

Miss Christine LOH moved the Second Reading of new clause 33A and addressed the Committee. Question on the Second Reading of new clause 33A proposed.

The Secretary for Health and Welfare spoke on the motion.

Miss Christine LOH replied.

Question on the Second Reading of new clause 33A put. As the Chairman could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Committee to divide under Standing Order No. 37(5).

The Chairman announced that there were 31 votes for the motion and 23 votes against it. (Voting record in Appendix XXIV.) He declared that the motion was carried.

New clause 33A read the second time.

Miss Christine LOH moved the addition of new clause 33A to the Bill. Question on the addition proposed, put and agreed to.

The Council then resumed.

Third Reading

Miss Christine LOH reported that

    the Sex and Disability Discrimination (Miscellaneous Provisions) Bill 1996

had passed through Committee with amendments. She moved that the Bill be read the third time and do pass.

Question on the Third Reading proposed.

The Secretary for Home Affairs spoke on the motion.

Miss Christine LOH replied.

Question on the Third Reading put. As the President could not judge from the voice vote whether the 'ayes' had it or the 'noes' had it, he ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 31 votes for the motion and 23 votes against it. (Voting record in Appendix XXV.) He declared that the motion was carried.

Bill read the third time and passed.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Tuesday 17 June 1997.

Adjourned accordingly at one minute past three o’clock on 12 June 1997.

(Andrew WONG)
President

Council Chamber
Hong Kong


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