LegCo Sitting (Minutes) 23 April 1997

LegCo Paper No. CB(3)901/96-97

THE LEGISLATIVE COUNCIL

MINUTES
No. 27 of 1996-97
Minutes of the sitting held on Wednesday 23 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 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 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 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
    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
Member absent:
    The Honourable LEE Cheuk-yan

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 Bowen LEUNG Po-wing, JP
    Secretary for Planning, Environment and Lands
    Miss Denise YUE Chung-yee, JP
    Secretary for Trade and Industry
    Mr KWONG Hon-sang, JP
    Secretary for Works
    Mr Leo KWAN Wing-wah, JP
    Secretary for Economic Services
    Mrs Stella HUNG KWOK Wai-ching, JP
    Secretary for Home Affairs
    Mrs YAU TSANG Ka-lai, Carrie, JP
    Secretary for Security

Clerks in attendance:

    Mr Ricky FUNG Choi-cheung
    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. Road Traffic (Public Service Vehicles) (Amendment) Regulation 1997 (Amendment) Regulation 1997135/97
2. Road Traffic (Public Service Vehicles) (Amendment) (No.4) Regulation 1997136/97
3. Tsing Ma Control Area (Tolls, Fees and Charges) Regulation137/97
4. Ferry Services (Hongkong and Yaumati Ferry Company, Limited) (Determination of Fares)(Amendment) Order 1997138/97
5. Ferry Services (The "Star" Ferry Company, Limited) (Determination of Fares) (Amendment) Order 1997139/97
6. Building Management (Fees) (Amendment) Regulation 1997146/97
7. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 1997 (Amendment) Regulation 1997147/97
8. Road Traffic (Construction and Maintenance of Vehicles) (Amendment) (No.2) Regulation 1997148/97
9. Road Traffic (Public Service Vehicles) (Amendment) (No.5) Regulation 1997149/97
10. Air Navigation (Hong Kong) (Amendment of Schedule 16) Order 1997150/97
11. Declaration of Mental Hospital (Consolidation) (Amendment of Schedule) Order 1997151/97
12. Hospital Authority Ordinance (Amendment of Schedules) Order 1997152/97
13. Official Languages (Alteration of Text Under Section 4D) (No.12) Order 1997153/97
14. Places for Post-Mortem Examination (Amendment) (No.2) Order 1997154/97
15. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) Order 1997155/97
16. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.2) Order 1997156/97
17. Adoption (Amendment) Rules 1997157/97
18. Toys and Children's Products Safety (Safety Standards) (Amendment) Notice 1997158/97
19. Declaration of Markets in the Urban Council Area (Amendment) Declaration 1997159/97
20. Whaling Industry (Regulation) Regulation (L.N.48 of 1997) (Commencement) Notice 1997160/97
21. Official Languages (Authentic Chinese Text) (Volunteer and Naval Volunteer Pensions Ordinance) Order(C) 77/97
22. Official Languages (Authentic Chinese Text) (Maryknoll Sisters of St. Dominic Incorporation Ordinance) Order(C) 78/97
23. Official Languages (Authentic Chinese Text) (Hong Kong Chinese Christian Churches Union Incorporation Ordinance) Order(C) 79/97
24. Official Languages (Authentic Chinese Text)(London Missionary Society Incorporation Ordinance) Order (C) 80/97
25. Official Languages (Authentic Chinese Text) (Ling Liang World-Wide Evangelistic Mission Incorporation Ordinance) Order(C) 81/97
26. Official Languages (Authentic Chinese Text) (Hong Kong Council of the Church of Christ in China Incorporation Ordinance) Order(C) 82/97
27. Official Languages (Authentic Chinese Text) (Chinese Permanent Cemeteries Ordinance) Order(C) 83/97
28. Official Languages (Authentic Chinese Text) (Criminal Procedure Ordinance) Order(C) 84/97
29. Official Languages (Authentic Chinese Text) (Portuguese Community Education and Welfare Foundation Incorporation Ordinance) Order(C) 85/97
30. Official Languages (Authentic Chinese Text) (The Hong Kong Institution of Engineers Ordinance) Order(C) 86/97
31. Official Languages (Authentic Chinese Text) (Sir Murray MacLehose Trust Fund Ordinance) Order(C) 87/97
32. Official Languages (Authentic Chinese Text) (Police Children's Education Trust Ordinance) Order(C) 88/97
33. Official Languages (Authentic Chinese Text) (Police Education and Welfare Trust Ordinance) Order(C) 89/97
34. Official Languages (Authentic Chinese Text) (Mercantile Marine Assistance Fund Ordinance) Order (C) 90/97
35. Official Languages (Authentic Chinese Text) (Scout Association of Hong Kong Ordinance) Order(C) 91/97
36. Official Languages (Authentic Chinese Text) (Hong Kong Girl Guides Association Ordinance) Order(C) 92/97
37. Official Languages (Authentic Chinese Text) (North Point Wharves Limited Ordinance) Order(C) 93/97
38. Official Languages (Authentic Chinese Text) (Hong Kong Housing Society Incorporation Ordinance) Order(C) 94/97
39. Official Languages (Authentic Chinese Text) (Hong Kong Playground Association Ordinance) Order(C) 95/97
40. Official Languages (Authentic Chinese Text) (Salvation Army Ordinance) Order(C) 96/97
41. Official Languages (Authentic Chinese Text) (Hong Kong Juvenile Care Centre Incorporation Ordinance) Order(C) 97/97
42. Official Languages (Authentic Chinese Text) (Social Work Training Fund Ordinance) Orderm(C) 98/97
43. Official Languages (Authentic Chinese Text) (Sir Robert Black Trust Fund Ordinance) Order(C) 99/97
44. Official Languages (Authentic Chinese Text) (Hong Kong Export Credit Insurance Corporation Ordinance) Order(C)100/97
45. Official Languages (Authentic Chinese Text) (Sir David Trench Fund for Recreation Ordinance) Order(C)101/97
46. Official Languages (Authentic Chinese Text) (Television Ordinance) Order(C)102/97

Sessional Papers 1996-97

No.86-Report of changes to the approved Estimates of Expenditure approved during the third quarter of 1996-97
Public Finance Ordinance : Section 8
No.87-Audited Statement of Accounts together with the Director of Audit's Report of the Sing Tao Foundation Students' Loan Fund for the year ended 31 August 1996
No.88-Audited Statement of Accounts together with the Director of Audit's Report of the Hong Kong Rotary Club Students' Loan Fund for the year ended 31 August 1996
No.89-Consumer Council Annual Report 1995-1996
No.90-Mass Transit Railway Corporation Annual Report 1996
No.91-Kowloon-Canton Railway Corporation Annual Report 1996
No.92-The Government Minute in response to the Report No.27 of the Public Accounts Committee dated January 1997
No.93-Special Report of the Select Committee to Inquire into the Circumstances Surrounding the Departure of Mr LEUNG Ming-yin from the Government and Related Issues

Addresses

The Chief Secretary presented the "The Government Minute in response to the Report No.27 of the Public Accounts Committee dated January 1997" and addressed the Council.

Mr IP Kwok-him, Chairman of the Select Committee appointed by the Council, presented a "Special 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.

Questions

  1. Dr YEUNG Sum asked Question 1.

      The Secretary for Works replied.

      Six Members asked supplementaries and the Secretary for Works replied.

  2. Dr Samuel WONG asked Question 2.

      The Secretary for Planning, Environment and Lands replied.

      A Member asked one supplementary and the Secretary for Planning, Environment and Lands replied.

  3. Mr CHAN Wing-chan asked Question 3.

      The Secretary for Financial Services replied.

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

  4. Mr Andrew CHENG asked Question 4.

      The Secretary for Security replied.

      Two Members asked supplementaries and the Secretary for Security replied.

  5. Mr Albert CHAN asked Question 5.

      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 6 to 20 were tabled for Members’ information.

Government Motions

Western Harbour Crossing Ordinance and Interpretation And General Clauses Ordinance

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

That the Western Harbour Crossing Bylaw made by the Western Harbour Tunnel Company Limited on 3 April 1997, subject to the following amendments, be approved -

  1. in section 11, by deleting "tunnel tubes" and substituting "tunnel";

  2. in section 13(1)(j), by deleting " " and substituting " ";

  3. in section 20(2), by deleting " " and substituting " ";

  4. in section 23(h) (iii), by deleting " " and substituting " ";

  5. in Figure No. 4 of the Schedule, by deleting " " and substituting " ".

Question on the motion proposed, put and agreed to.

Bankruptcy Ordinance

The Secretary for Financial Services moved the following motion and addressed the Council:

That the Bankruptcy (Fees and Percentages) (Amendment) Order 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

Question on the motion proposed, put and agreed to.

Bankruptcy Ordinance

The Secretary for Financial Services moved the following motion and addressed the Council:

That the Bankruptcy (Amendment) Rules 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

Question on the motion proposed, put and agreed to.

Companies Ordinance

The Secretary for Financial Services moved the following motion and addressed the Council:

That the Companies (Fees and Percentages) (Amendment) Order 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

Question on the motion proposed, put and agreed to.

Companies Ordinance

The Secretary for Financial Services moved the following motion and addressed the Council:

That the Companies (Winding-up) (Amendment) Rules 1997, made by the Acting Chief Justice on 25 March 1997, be approved.

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Smoking (Public Health) (Amendment) (No. 2) Bill 1997

Public Holiday (Special Holidays 1997) Bill

Mutual Legal Assistance in Criminal Matters Bill

Buildings (Amendment) Bill 1997

Weapons of Mass Destruction (Control of Provision of Services) Bill

Family Status Discrimination Bill

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

Smoking (Public Health) (Amendment) (No. 2) Bill 1997

The Secretary for Health and Welfare 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.

Public Holiday (Special Holidays 1997) Bill

The Secretary for Education and Manpower 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.

Mutual Legal Assistance in Criminal Matters Bill

The Secretary for Security 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.

Buildings (Amendment) Bill 1997

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.

Weapons of Mass Destruction (Control of Provision of Services) Bill

The Secretary for Trade and Industry 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.

Family Status Discrimination Bill

The Secretary for Home Affairs 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.

Coroners Bill

Resumption of debate on Second Reading which had been moved on 7 February 1996.

Two Members spoke on the motion.

The Attorney General replied.

Question on Second Reading put and agreed to.

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

Administration of Justice (Miscellaneous Provisions) (No.2) 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.

Social Workers Registration Bill

Resumption of debate on Second Reading which had been moved on 26 June 1996.

Two Members spoke on the motion.

The Secretary for Health and Welfare replied.

Question on Second Reading put and agreed to.

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

Insurance Companies (Amendment) Bill 1997

Resumption of debate on Second Reading which had been moved on 15 January 1997.

Question on Second Reading put and agreed to.

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

Sir Edward Youde Memorial Fund (Amendment) Bill 1997

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

Question on Second Reading put and agreed to.

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

Crimes (Amendment) Bill 1997

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

Question on Second Reading put and agreed to.

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

Freight Containers (Safety) Bill

Resumption of debate on Second Reading which had been moved on 8 January 1997.

A Member spoke on the motion.

The Secretary for Economic Services replied.

Question on Second Reading put and agreed to.

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

Architects, Engineers, Surveyors and Planners Registration (Miscellaneous Amendments) Bill 1996

Resumption of debate on Second Reading which had been moved on 13 November 1996.

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:

Coroners Bill

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

Question on clauses 1, 3 to 9, 12, 15, 18, 21 to 24, 26, 28 to 33, 35 to 39, 41, 42, 45 to 55, 57 to 60, 62, 69, 72, 74, 75 and 76 put and agreed to.

The Attorney General moved amendments to clauses 2, 10, 11, 13, 14, 16, 17, 19, 20, 25, 27, 34, 40, 43, 44, 56, 61, 63 to 68, 70, 71, 73 and 77 and addressed the Committee.

Question on the amendments proposed, put and agreed to.

Question that clauses 2, 10, 11, 13, 14, 16, 17, 19, 20, 25, 27, 34, 40, 43, 44, 56, 61, 63 to 68, 70, 71, 73 and 77, as amended, stand part of the Bill put and agreed to.

New clause 12A read the first time.

The Attorney General moved the Second Reading of new clause 12A and addressed the Committee. Question on the Second Reading of new clause 12A proposed.

The Chairman stated that Dr LEONG Che-hung had also given notice to propose the addition of new clause 12A to the Bill. He proposed that the Attorney General's motion and Dr LEONG's proposal be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the Attorney General's motion and Dr LEONG's proposal be debated together in a joint debate.

The Chairman invited Dr LEONG to speak on the Attorney General's motion as well as his own proposal. He added, however, that Dr LEONG might not move his proposed amendment unless the Attorney General's amendment was not agreed.

Dr LEONG spoke on the Attorney General's motion as well as his own proposal.

Two Members spoke on the Attorney General's motion and Dr LEONG's proposal.

The Attorney General replied.

Question on the Second Reading of new clause 12A moved by the Attorney General put. The Chairman stated that he thought the motion had been negatived.

Mrs Miriam LAU and Mr Howard YOUNG 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 motion and 24 votes against it. (Voting record in Appendix I.) He declared that the Second Reading of new clause 12A moved by the Attorney General was carried.

The Chairman further stated that as the Attorney General's motion had been agreed, Dr LEONG might not move the Second Reading of his proposed new clause 12A.

New clause 12A read the second time.

The Attorney General moved the addition of new clause 12A to the Bill. Question on the addition proposed, put and agreed to.

The heading before new clause 60A and new clause 60A read the first time.

The Attorney General moved the Second Reading of the heading before new clause 60A and new clause 60A and addressed the Committee. Question on the Second Reading of the heading before new clause 60A and new clause 60A proposed, put and agreed to.

The heading before new clause 60A and new clause 60A read the second time.

The Attorney General moved the addition of the heading before new clause 60A and new clause 60A to the Bill. Question on the addition proposed, put and agreed to.

The Attorney General moved amendments to schedules 1 and 2 and addressed the Committee.

Question on the amendments put and agreed to.

Question that schedule 1 and 2, as amended, stand part of the Bill put and agreed to.

Administration of Justice (Miscellaneous Provisions) (No.2) Bill 1997

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

Question on clauses 1 to 7 put and agreed to.

The Attorney General moved an amendment to clause 8 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 8, as amended, stand part of the Bill put and agreed to.

New clause 7A read the first time.

The Attorney General moved the Second Reading of new clause 7A and addressed the Committee. Question on the Second Reading of new clause 7A proposed, put and agreed to.

New clause 7A read the second time.

The Attorney General moved the addition of new clause 7A to the Bill. Question on the addition proposed, put and agreed to.

Social Workers Registration Bill

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

Question on clauses 1, 5 to 8, 11 to 15, 17 to 20, 22, 27, 29 to 32, 35, 37 and 38 put and agreed to.

The Secretary for Health and Welfare moved amendments to clauses 2, 3, 9, 10, 16, 21, 23 to 26, 28, 33, 34 and 36 and addressed the Committee.

Question on the amendments put and agreed to.

Mr Michael HO moved further amendments to clauses 3, 33 and 34 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 2, 3, 9, 10, 16, 21, 23 to 26, 28, 33, 34 and 36, as amended, stand part of the Bill put and agreed to.

Mr Michael HO moved an amendment to clause 4 and addressed the Committee.

Question on the amendment put and agreed to.

Question that clause 4, as amended, stand part of the Bill put and agreed to.

New clause 2A read the first time.

The Secretary for Health and Welfare moved the Second Reading of new clause 2A and addressed the Committee. Question on the Second Reading of new clause 2A proposed, put and agreed to.

New clause 2A read the second time.

The Secretary for Health and Welfare moved the addition of new clause 2A to the Bill. Question on the addition proposed, put and agreed to.

The Secretary for Health and Welfare moved an amendment to schedule 1 and addressed the Committee.

Question on the amendment put and agreed to.

Mr Michael HO moved a further amendment to schedule 1 and addressed the Committee.

Question on the amendment put and agreed to.

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

Question on schedule 2 put and agreed to.

Insurance Companies (Amendment) Bill 1997

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

Question on clauses 1 to 16 put and agreed to.

Sir Edward Youde Memorial Fund (Amendment) Bill 1997

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

Question on clauses 1 to 6 put and agreed to.

Crimes (Amendment) Bill 1997

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

Question on clauses 1 to 17 put and agreed to.

Freight Containers (Safety) Bill

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

Question on clauses 1 to 16, 18 and 20 to 29 put and agreed to.

The Secretary for Economic Services moved amendments to clauses 17 and 19 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 17 and 19, as amended, stand part of the Bill put and agreed to.

The Secretary for Economic Services moved an amendment to schedule 1 and addressed the Committee.

Question on the amendment put and agreed to.

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

Question on schedule 2 put and agreed to.

Architects, Engineers, Surveyors and Planners Registration (Miscellaneous Amendments) Bill 1996

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

Question on clauses 1 to 4, 6, 8 to 11, 13, 15 to 18, 20, 22, 23, 24 and 26 put and agreed to.

The Secretary for Works moved amendments to clauses 5, 7, 12, 14, 19, 21, 25 and 27 and addressed the Committee.

Question on the amendments put and agreed to.

Question that clauses 5, 7, 12, 14, 19, 21, 25 and 27, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

The Attorney General reported that

the Coroners Bill and

the Administration of Justice (Miscellaneous Provisions) (No.2) Bill 1997

had passed through Committee with amendments. 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 Health and Welfare reported that

the Social Workers Registration Bill

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.

The Secretary for Financial Services reported that

the Insurance Companies (Amendment) 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, put and agreed to.

Bill read the third time and passed.

The Secretary for Education and Manpower reported that

the Sir Edward Youde Memorial Fund (Amendment) 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, put and agreed to.

Bill read the third time and passed.

The Secretary for Security reported that

the Crimes (Amendment) 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.

The Secretary for Economic Services reported that

the Freight Containers (Safety) Bill

had passed through Committee with amendments. 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.

The Secretary for Works reported that

the Architects, Engineers, Surveyors and Planners Registration (Miscellaneous Amendments) Bill 1996

had passed through Committee with amendments. 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 IP Kwok-him moved the following motion and addressed the Council:

That 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, be amended in section 2

  1. by renumbering paragraphs (c) and (d) as paragraphs (e) and (f) respectively;

  2. by repealing paragraphs (a) and (b) and substituting-

    1. until 22 October 1997, the concentration of carbon monoxide gas in the tunnel does not during any 5 minute period exceed an average of 125 parts per million;

    2. with effect from 23 October 1997, the concentration of carbon monoxide gas in the tunnel does not during any 5 minute period exceed an average of 100 parts per million;

    3. until 22 October 1997, the concentration of nitrogen dioxide gas in the tunnel does not during any 5 minute period exceed an average of 1.5 parts per million;

    4. with effect from 23 October 1997, the concentration of nitrogen dioxide gas in the tunnel does not during any 5 minute period exceed an average of 1 part per million;".

The Secretary for Transport spoke on the motion.

Question on the motion proposed, put and agreed to.

The President suspended the sitting at 6:35 pm.

The Council resumed at 6:58 pm.

Annual Report on Hong Kong 1996 to Parliament

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

That this Council takes note of the Report on Hong Kong 1996 to Parliament.

Question on the motion proposed.

13 Members and the Secretary for Constitutional Affairs spoke on the motion.

Dr LEONG Che-hung replied.

Question on the motion put and agreed to.

Bus franchise

Mr WONG Wai-ying moved the following motion and addressed the Council:

That this Council urges the Government to abolish the profit control scheme of the Kowloon Motor Bus Company Limited (KMB) when the existing franchise of the KMB expires at the end of August this year and actively encourage other bus operators to operate bus routes in Kowloon and the New Territories in competition with the KMB, with a view to improving the bus service in Kowloon and the New Territories.

Question on Mr WONG Wai-yin's motion proposed. The President stated that Mrs Miriam LAU had given notice to move an amendment to the motion. He proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together in a joint debate.

Mrs Miriam LAU moved the following amendment to Mr WONG Wai-yin's motion and addressed the Council:

To delete "actively encourage other bus operators to operate bus routes in Kowloon and the New Territories in competition with the KMB" and substitute with "take appropriate measures to monitor the operations of the KMB and to urge it to improve the quality of its service, and at the same time to actively encourage public transport operators to engage in healthy competition" and to delete "the bus service in Kowloon and the New Territories" and substitute with "public transport services in Hong Kong".

Question on Mrs Miriam LAU's amendment to Mr WONG Wai-yin's motion proposed.

Three Members spoke on the motion and the amendment.

At 9:14 pm, the President's Deputy took the chair during the temporary absence of the President.

Another three Members spoke on the motion and the amendment.

At 9:30 pm, the President resumed the chair.

Two further Members spoke on the motion and the amendment.

Mr WONG Wai-yin spoke on the amendment.

The Secretary for Transport spoke on the motion and the amendment.

Question on Mrs Miriam LAU's amendment to Mr WONG Wai-yin's motion put.

Mrs Miriam LAU claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 20 votes for the amendment and 21 votes against it. (Voting record in Appendix II.) He declared that Mrs Miriam LAU's amendment to Mr WONG Wai-yin's motion was negatived.

Mr WONG Wai-yin replied.

Question on Mr WONG Wai-yin's original motion put.

Mr TSANG Kin-shing 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 10 votes against it. (Voting record in Appendix III.) He declared that Mr WONG Wai-yin's original motion was carried.

Members' Bills

First Reading

Interception of Communications Bill

Unfair Dismissal Bill

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

Interception of Communications Bill

Mr James TO 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.

Unfair Dismissal Bill

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.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Thursday 24 April 1997.

Adjourned accordingly at twenty-six minutes to eleven o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong


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