LegCo Sitting Minutes (Minutes) 16 April 1997

LegCo Paper No. CB(3) 865/96-97

THE LEGISLATIVE COUNCIL
MINUTES

No. 26 of 1996-97
Minutes of the sitting held on Wednesday 16 April 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 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 Samuel WONG Ping-wai, OBE, FEng, JP
    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 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
    The Honourable TSANG Kin-shing
    Dr the Honourable John TSE Wing-ling
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP
    The Honourable Lawrence YUM Sin-ling
Members absent:
    The Honourable Martin LEE Chu-ming, QC, JP
    Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
    The Honourable Andrew CHENG Kar-foo
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 CHAU Tak-hay, CBE, JP
    Secretary for Broadcasting, Culture and Sport
    Mr Gordon SIU Kwing-chue, JP
    Secretary for Transport
    Mr Nicholas NG Wing-fui, JP
    Secretary for Constitutional Affairs
    Mr Dominic WONG Shing-wah, OBE, JP
    Secretary for Housing
    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 Bowen LEUNG Po-wing, JP
    Secretary for Planning, Environment and Lands
    Mr KWONG Ki-chi, JP
    Secretary for the Treasury
    Miss Denise YUE Chung-yee, JP
    Secretary for Trade and Industry
    Mr LAM Woon-kwong, JP
    Secretary for the Civil Service
    Mr Stephen IP Shu-kwan, JP
    Secretary for Economic Services
    Mrs Stella HUNG KWOK Wai-ching, JP
    Secretary for Home Affairs
Clerks in attendance:
    Mr Ricky FUNG Choi-cheung
    Secretary General
    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. Hong Kong Academy of Medicine Ordinance (Amendment of Schedule) Order 1997133/97
2. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 1997134/97

Sessional Papers 1996-97

1.No.84-Estimates for the year ending 31 March 1998 General Revenue Account Summaries Revenue by Heads and Subheads

2.No.85-Report of the Broadcasting Authority September 1995-August 1996

Questions

Written replies to Questions 1 to 20 were tabled for Members’ information.

Government Motions

Import and Export Ordinance

The Secretary for Trade and Industry moved the following motion and addressed the Council:

That section 5 of the Import and Export (Registration) (Amendment) Regulation 1995 (L.N. 544 of 1995), made by the Governor in Council on 21 November 1995, be approved.

Question on the motion proposed, put and agreed to.

Import and Export Ordinance

The Secretary for Trade and Industry moved the following motion and addressed the Council:

That the Import and Export (Registration) (Amendment) Regulation 1997, made by the Governor in Council on 18 March 1997, be approved.

Question on the motion proposed, put and agreed to.

Government Bills

Second Reading

Appropriation Bill 1997

Resumption of debate on Second Reading which had been moved on 12 March 1997.

The Secretary for Health and Welfare, the Secretary for Education and Manpower, the Secretary for Planning, Environment and Lands and the Secretary for Housing spoke on the motion.

The Financial Secretary replied.

The President suspended the sitting at 3:34 pm to enable Members to deliberate in private before they proceeded to vote on the motion.

The Council resumed at 3:50 pm.

Question on the Second Reading put. As the President could not judge from the voice votes 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 30 votes for the motion and 23 votes against it. (Voting record in Appendix I.) He declared that the motion was carried.

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

Committee Stage

The Council went into Committee and considered the Appropriation Bill 1997.

In accordance with Standing Order No.55, the Committee first considered the schedule to the Bill.

Question that the sums for heads 21 to 194 stand part of the schedule proposed, put and agreed to.

Question that the schedule stand part of the Bill proposed, put and agreed to.

Question that clauses 1 and 2 stand part of the Bill proposed, put and agreed to.

The Council then resumed.

Third Reading

The Financial Secretary reported that the

Appropriation Bill 1997

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 and put. The President stated that he thought the motion had been carried.

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

The President announced that there were 30 votes for the motion and 23 votes against it.(Voting record in Appendix II.) He declared that the motion was carried.

Bill read the third time and passed.

Members' Motions

Hong Kong Royal Instructions 1917 to 1993 (Nos. 1 and 2)

Dr LEONG Che-hung moved the following motion and addressed the Council:

That the Standing Orders of the Legislative Council of Hong Kong be amended -

(1) by repealing Standing Order Nos. 60A(2) and 60B(2) and substituting -

"(2) The committee shall consist of a chairman, deputy chairman and five members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and two other members shall constitute a quorum.";

(2) by repealing Standing Order No. 61(2) and substituting -

"(2) The President shall decide the size of every select committee and shall appoint the chairman, deputy chairman and members thereof in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence.";

(3) by repealing Standing Order No. 62(3).

Question on the motion proposed, put and agreed to.

Legislative Council (Powers and Privileges) Ordinance

Dr LEONG Che-hung moved the following motion and addressed the Council:

That the Resolution made and passed by the Legislative Council for the purposes of section 15 of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) on 25 May 1994, as amended on 20 November 1996, be further amended in paragraph 1 of the Schedule by deleting the definition of "relevant body" and substituting -

" "relevant body", ( ) in relation to a committee before which a witness is attending to give evidence or to produce any paper, book, record or document, means -

  1. the chairman and deputy chairman of the committee, where both are present (and references to the delivering of the opinion of the relevant body shall be taken to mean the opinion of the chairman where the chairman and deputy chairman disagree);

  2. the chairman alone where the deputy chairman is absent;

  3. the deputy chairman alone where the chairman is absent; or

  4. where both the chairman and deputy chairman are absent, the member elected to act as chairman during such absence.".

Question on the motion proposed, put and agreed to.

Fatal Accidents Ordinance

Mr HO Chun-yan moved the following motion and addressed the Council:

That section 4(3) of the Fatal Accidents Ordinance be amended by repealing "$70,000" and substituting "$150,000".

Question on the motion proposed.

Two Members and the Attorney General spoke on the motion.

Question on the motion put. The President stated that he thought the motion had been carried.

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

The President announced that there were 33 votes for the motion and 12 votes against it. (Voting record in Appendix III.) He declared that the motion was carried.

Interpretation and General Clauses Ordinance

Mr IP Kwok-him moved the following motion and addressed the Council:

That in relation to the Western Harbour Crossing Regulation, published as Legal Notice No. 94 of 1997 and laid on the table of the Legislative Council on 19 March 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 23 April 1997.

Question on the motion proposed, put and agreed to.

Members' Bills

First Reading

Cross-Harbour Tunnel (Cross-Harbour Tunnel Regulations) (Amendment) Bill 1997

Eastern Harbour Crossing (Eastern Harbour Crossing Road Tunnel Regulations) (Amendment) Bill 1997

Tate's Cairn Tunnel (Tate's Cairn Tunnel Regulations) (Amendment) Bill 1997

Occupational Deafness (Compensation)(Amendment) Bill 1997

Smoking (Public Health) (Amendment) Bill 1997

The Bills were read the first time and ordered to be set down for Second Reading pursuant to Standing Order No.41(3).

Second Reading

Cross-Harbour Tunnel (Cross-Harbour Tunnel Regulations) (Amendment) Bill 1997

Eastern Harbour Crossing (Eastern Harbour Crossing Road Tunnel Regulations) (Amendment) Bill 1997

Tate's Cairn Tunnel (Tate's Cairn Tunnel Regulations) (Amendment) Bill 1997

Mr IP Kwok-him 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.

Occupational Deafness (Compensation)(Amendment) Bill 1997

Mr LEUNG Yiu-chung 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.

Smoking (Public Health) (Amendment) Bill 1997

Dr LEONG Che-hung 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.

Medical Registration (Transitional Provisions) Bill 1997

Resumption of debate on Second Reading which had been moved on 19 February 1997.

Nine Members and the Secretary of Health and Welfare spoke on the motion.

Mrs Selina CHOW replied.

Question on the Second Reading put. The President stated that he thought the motion had been carried.

Dr LEONG Che-hung claimed a division. The President then ordered the Council to divide under Standing Order No.36(4).

The President announced that there were 46 votes for the motion and one vote against it. (Voting record in Appendix IV.) He declared that the motion was carried.

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

Committee Stage

The Council went into Committee and considered the Medical Registration (Transitional Provisions) Bill 1997

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

Question on clause 1 put and agreed to.

Mrs Selina CHOW moved amendments to clauses 2 to 6 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 2 to 6, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

Mrs Selina CHOW reported that the

Medical Registration (Transitional Provisions) Bill 1997

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, put and agreed to.

Bill read the third time and passed.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 23 April 1997.

Adjourned accordingly at ten minutes to six o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong


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