Provisional Legislative Council
PLC Paper No. CB(3)111
Minutes of the meeting held on Wednesday
20 August 1997 at 2:30 pm
Members present:
President
The Hon Mrs Rita FAN, JP
The Hon WONG Siu-yee
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
Dr Hon Raymond HO Chung-tai, JP
The Hon NG Leung-sing
Prof Hon NG Ching-fai
The Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
The Hon LEE Kai-ming
The Hon Mrs Elsie TU, GBM
The Hon Mrs Selina CHOW, JP
The Hon Mrs Peggy LAM, JP
The Hon NGAI Shiu-kit, JP
The Hon Henry TANG Ying-yen, JP
The Hon Ronald ARCULLI, JP
The Hon YUEN Mo
The Hon MA Fung-kwok
Dr Hon Mrs TSO WONG Man-yin
Dr Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon MOK Ying-fan
The Hon CHAN Choi-hi
The Hon CHAN Yuen-han
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
The Hon TSANG Yok-sing
The Hon CHENG Kai-nam
Dr Hon Philip WONG Yu-hong
The Hon Howard YOUNG, JP
Dr Hon Charles YEUNG Chun-kam
The Hon YEUNG Yiu-chung
The Hon IP Kwok-him
The Hon CHIM Pui-chung
The Hon Bruce LIU Sing-lee
The Hon LAU Kong-wah
The Hon LAU Wong-fat, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon CHOY Kan-pui, JP
The Hon Paul CHENG Ming-fun, JP
The Hon CHENG Yiu-tong
Dr Hon TANG Siu-tong, JP
The Hon KAN Fook-yee
The Hon NGAN Kam-chuen
The Hon LO Suk-ching
Dr Hon LAW Cheung-kwok
The Hon TAM Yiu-chung, JP
The Hon CHOY So-yuk
Members absent:
The Hon Edward HO Sing-tin, JP
The Hon Allen LEE, JP
The Hon Henry WU
The Hon CHEUNG Hon-chung
The Hon LEUNG Chun-ying, JP
The Hon HUI Yin-fat, JP
The Hon Frederick FUNG Kin-kee
The Hon Andrew WONG Wang-fat, JP
The Hon Kennedy WONG Ying-ho
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon Timothy FOK Tsun-ting
Public officers attending:
- The Honourable Mrs Anson CHAN, JP
- The Chief Secretary for Administration
- The Honourable Donald TSANG Yam-kuen, JP
- The Financial Secretary
- The Honourable Elsie LEUNG Oi-sie, JP
- The Secretary for Justice
- Mr Michael SUEN Ming-yeung, JP
- Secretary for Constitutional Affairs
- Mr Dominic WONG Shing-wah, JP
- Secretary for Housing
- Mr Peter LAI Hing-ling, JP
- Secretary for Security
- Mr LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr Patrick LAU Lai-chiu, JP
- Secretary for Planning, Environment and Lands
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- Deputy Secretary General
Papers
The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure:
| Subsidiary Legislation | L.N. NO.
|
|---|
| 1. | Prisons (Amendment) Order 1997 | 400/97
|
| 2. | Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) (Amendment) Order 1997 | 401/97
|
| 3. | Patents (General) (Amendment) Rules 1997 | 402/97
|
| 4. | Pleasure Grounds (Urban Council) (Amendment) Bylaw 1997
| 403/97
|
| 5. | Declaration of Change of Titles (Principal Government Town Planner and Government Town Planner) Notice 1997
| 404/97
|
| 6. | Dangerous Drugs (Amendment) (No.2) Ordinance 1994 (63 of 1994) (Commencement) Notice 1997
| 405/97
|
| 7. | Copyright Ordinance (92 of 1997) (Commencement) Notice 1997
| 406/97
|
| 8. | Import and Export (Fees) (Amendment) Regulation 1997 (L.N.245 of 1997) (Commencement) Notice 1997
| 407/97
|
| 9. | Banking (Specification of Public Sector Entities in Hong Kong) (Amendment) Notice 1997
| 408/97
|
| 10. | Personal Data (Privacy) Ordinance (Cap.486) (Commencement) Notice 1997
| 409/97
|
| 11. | Commodities Trading (Trading Limits and PositionLimits) (Amendment) (No.2) Rules 1997
| 410/97
|
| 12. | Estate Agents Ordinance (48 of 1997) (Commencement) Notice 1997
| 411/97
|
| 13. | Mental Health (Amendment) Ordinance 1997 (81 of 1997) (Commencement) Notice 1997
| 412/97
|
| 14. | Legal Services Legislation (Miscellaneous Amendments) Ordinance 1997 (94 of 1997) (Commencement) Notice 1997
| 413/97
|
| 15. | Official Languages (Alteration of Text Under Section 4D) (No.22) Order 1997
| 414/97
|
| 16. | Merchant Shipping (Safety) (GMDSS Radio Installations) Regulation (Amendment of Schedule) Notice 1997
| 415/97
|
Sessional Paper
| No.3 | - | Report by Commissioner of Correctional Services on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 1996
|
Report
Mr Ronald ARCULLI, Chairman of the Subcommittee, presented the Report of the Subcommittee on Hong Kong Court of Final Appeal Rules and Hong Kong Court of Final Appeal Fees Rules and addressed the Council.
Questions
1.Mr CHIM Pui-chung asked Question 1.
The Secretary for Constitutional Affairs replied.
Three Members asked supplementaries and the Secretary for Constitutional Affairs replied.
2.Mrs Selina CHOW asked Question 2.
The Secretary for Security replied.
Seven Members asked supplementaries and the Secretary for Security replied.
3.Miss CHAN Yuen-han asked Question 3.
The Secretary for Housing replied.
Three Members asked supplementaries and the Secretary for Housing replied.
4.Dr TANG Siu-tong asked Question 4.
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 5 to 20 were tabled for Members' information.
Bills
First Reading
Hong Kong Court of Final Appeal (Amendment) (No. 2) Bill 1997
Legislative Council Bill
The Bills were read the first time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.
Second Reading
Hong Kong Court of Final Appeal (Amendment) (No. 2) Bill 1997
The Chief Secretary for Administration moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Legislative Council Bill
The Secretary for Constitutional Affairs moved the Second Reading and addressed the Council.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debate was adjourned and the Bill was referred to the House Committee.
Motions
Interpretation and General Clauses Ordinance
The Chief Secretary for Administration moved the following motion and addressed the Council.
That the Hong Kong Court of Final Appeal Rules, published as Legal Notice No.384 of 1997 and laid on the table of the Provisional Legislative Council on 9 July 1997, be amended -
- in rule 5(2) and (3) by repealing " " and substituting " ";
- in rules 57, 74, 75 and 76 by repealing "High Court" wherever it appears and substituting "Supreme Court";
- in rule 66(2) by adding " " before " ";
- in Form A in Schedule 1 by repealing "/Criminal".
Question on the motion proposed, put and agreed to.
Members' Motions
Vietnamese boat people
Mrs Selina CHOW moved the following motion and addressed the Council:
That this Council urges the Government of the Hong Kong Special Administrative Region to repatriate as soon as possible all Vietnamese boat people and illegal immigrants stranded in Hong Kong, abolish the port of first asylum policy, as well as expeditiously recover from the United Nations High Commission for Refugees the $1.1 billion advances made by Hong Kong.
Question on Mrs Selina CHOW's motion proposed. The President stated that Mr LAU Kong-wah and Ms CHOY So-yuk had separately given notices to move amendments to the motion. She proposed that the motion and the two proposed amendments be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the two proposed amendments be debated together in a joint debate.
Mr LAU Kong-wah and Ms CHOY So-yuk addressed the Council on the motion and their proposed amendments respectively.
11 Members spoke on the motion and the amendments.
Mrs Selina CHOW spoke on the amendments.
The Secretary for Security spoke on the motion and the amendments.
Mr LAU Kong-wah moved the following amendment to Mrs Selina CHOW's motion:
To insert "immediately" before "repatriate"; to delete "as soon as possible"; and to add ", sign an agreement with the Vietnamese Government for the repatriation of Vietnamese illegal immigrants upon arrest" after "the port of first asylum policy".
Question on Mr LAU Kong-wah's amendment to Mrs Selina CHOW's motion proposed and put.
Mr LAU Kong-wah claimed a division. The President then ordered the Council to proceed to a division under Rule 47(4) of the Rules of Procedure.
The President announced that there were 26 votes for the amendment, 15 votes against it and two abstentions. (Voting record in Appendix I.) She declared that Mr LAU Kong-wah's amendment to Mrs Selina CHOW's motion was agreed.
The President granted leave for Ms CHOY So-yuk to revise the terms of her amendment.
Ms CHOY So-yuk moved the following revised amendment to Mrs CHOW's motion as amended by Mr LAU:
To add ", and request the Commission to commit to a repayment deadline; and at the same time, take effective measures to eradicate the problem of black market Vietnamese labour in Hong Kong" after "made by Hong Kong".
Question on Ms CHOY So-yuk's revised amendment to Mrs Selina CHOW's motion as amended by Mr LAU Kong-wah proposed and put.
Dr TANG Siu-tong claimed a division. The President then ordered the Council to proceed to a division under Rule 47(4) of the Rules of Procedure.
The President announced that there were 11 votes for the amendment, 26 votes against it and five abstentions. (Voting record in Appendix II.) She declared that Ms CHOY So-yuk's amendment to Mrs Selina CHOW's motion as amended by Mr LAU Kong-wah was negatived.
Question on Mrs Selina CHOW's motion as amended by Mr LAU Kong-wah put and agreed to.
Next meeting
The President declared that the next meeting of the Council would be held on 27 August 1997 at 2:30 pm.
The meeting was adjourned at 6:04 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
