Provisional Legislative Council

PLC Paper No. CB(2) 1026

Ref : PLC/HC/4

Minutes of the meeting
held at the Legislative Council Chamber
at 2:30 pm on Friday, 13 February 1998

Members present :

Dr Hon LEONG Che-hung, JP (Chairman)
Hon IP Kwok-him (Deputy Chairman)
Hon WONG Siu-yee
Hon James TIEN Pei-chun, JP
Dr Hon Raymond HO Chung-tai, JP
Hon NG Leung-sing
Hon LEE Kai-ming
Hon Allen LEE, JP
Hon Mrs Elsie TU, GBM
Hon Mrs Selina CHOW, JP
Hon Henry WU
Hon NGAI Shiu-kit, JP
Hon Ronald ARCULLI, JP
Hon YUEN Mo
Hon CHEUNG Hon-chung
Dr Hon Mrs TSO WONG Man-yin
Hon LEUNG Chun-ying, JP
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon CHAN Choi-hi
Hon CHAN Yuen-han
Hon CHAN Wing-chan
Hon TSANG Yok-sing
Hon CHENG Kai-nam
Dr Hon Philip WONG Yu-hong
Hon Kennedy WONG Ying-ho
Dr Hon Charles YEUNG Chun-kam
Hon YEUNG Yiu-chung
Hon CHIM Pui-chung
Hon LAU Wong-fat, JP
Hon Mrs Miriam LAU Kin-yee, JP
Hon Ambrose LAU Hon-chuen, JP
Hon CHOY Kan-pui, JP
Hon Paul CHENG Ming-fun, JP
Hon CHENG Yiu-tong
Dr Hon TANG Siu-tong, JP
Hon NGAN Kam-chuen
Hon LO Suk-ching
Dr Hon LAW Cheung-kwok
Hon CHOY So-yuk

Members absent :

Hon David CHU Yu-lin
Hon HO Sai-chu, JP
Hon Edward HO Sing-tin, JP
Prof Hon NG Ching-fai
Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
Hon Mrs Peggy LAM, JP
Hon Henry TANG Ying-yen, JP
Hon MA Fung-kwok
Hon MOK Ying-fan
Hon HUI Yin-fat, JP
Hon CHAN Kam-lam
Hon Frederick FUNG Kin-kee
Hon Andrew WONG Wang-fat, JP
Hon Howard YOUNG, JP
Hon Bruce LIU Sing-lee
Hon LAU Kong-wah
Hon Timothy FOK Tsun-ting
Hon KAN Fook-yee
Hon TAM Yiu-chung, JP

Clerk in attendance :

Mrs Justina LAM
Clerk to the House Committee
Staff in attendance :

Mr Ricky C C FUNG, JP
Secretary General

Mr Jimmy MA
Legal Adviser

Mr LAW Kam-sang, JP
Deputy Secretary General

Mr LEE Yu-sang
Senior Assistant Legal Adviser

Ms Pauline NG
Assistant Secretary General 1

Mr Ray CHAN
Assistant Secretary General 3

Ms Bernice WONG
Assistant Legal Adviser 1

Miss Anita HO
Assistant Legal Adviser 2

Miss Connie FUNG
Assistant Legal Adviser 3

Mr Stephen LAM
Assistant Legal Adviser 4

Mr Arthur CHEUNG
Assistant Legal Adviser 5

Mrs Anna LO
Chief Assistant Secretary (Complaints)

Ms Kathleen LAU
Chief Public Information Officer

Mr LAW Wing-lok
Chief Assistant Secretary (2)5

Mrs Constance LI
Chief Assistant Secretary (2)2

Mrs Vivian KAM
Chief Assistant Secretary (1)5

Miss Polly YEUNG
Chief Assistant Secretary (1)3

Ms Estella CHAN
Chief Assistant Secretary (1)4

Mrs Betty LEUNG
Chief Assistant Secretary (3)1

Mrs Eleanor CHOW
Senior Assistant Secretary (2)8

I. Confirmation of the minutes of the 32nd meeting held on 23 January 1998
(PLC Paper No. CB(2) 937)

The minutes were confirmed.

II. Matters arising

Report by the Chairman on his meeting with the Chief Secretary for Administration (CS)

  1. Introduction of bills into Council
  2. 2. The Chairman informed members that Acting CS had confirmed that the proposed bills to amend the Privileges and Immunities (Joint Liaison Group and Land Commission) Ordinance, Air Passenger Departure Tax Ordinance and Building Ordinance which were included in the original list of bills provided by the Administration in August last year would not be introduced within the term of the Provisional Legislative Council (PLC).

    3. The Chairman informed members that the Town Planning (Amendment) Bill 1998, which was introduced on 11 February 1998, only covered one part of the original proposed Town Planning Bill. He added that the Director of Administration had confirmed that the other parts of the original Town Planning Bill would not be introduced within the term of the PLC.

  3. Waste Disposal (Refuse Transfer Station) Regulation (L.N. 14)
  4. 4. Dr Mrs TSO WONG Man-yin said that the Administration had briefed the Panel on Environmental Affairs on the proposals set out in the Regulation. Panel members were generally supportive of the proposals.

    5. Members raised no queries on the Regulation.

III. Business arising from previous Council meetings

  1. Legal Service Division’s reports on bills referred to the House Committee in accordance with Rule 54(4)
    1. Adaptation of Laws (Courts and Tribunals) Bill
      Adaptation of Laws (References to Foreign Country, etc.) Bill
      Adaptation of Laws (Crown Land) Bill

    2. (PLC Papers Nos. LS 93, 96 and 98)

      6. The Legal Adviser said that the above three Bills were part of the adaptation exercise which sought to bring the laws of the Hong Kong Special Administrative Region (HKSAR) into conformity with the Basic Law, the decision of the Standing Committee of the National People’s Congress (NPCSC) and Hong Kong’s status as a SAR of the People’s Republic of China. The aim of the adaptation exercise was to remove uncertainty and ambiguity which might give rise to unnecessary litigation.

      7. The Legal Adviser explained that before textual amendments to individual ordinances were made, the Interpretation and General Clauses Ordinance (Cap. 1) had been amended to give effect to the NPCSC interpretation principles. This was done as an interim measure by way of Part IV of the Hong Kong Reunification Ordinance which was enacted and came into force on 1 July 1997. The adaptation exercise involved detailed scrutiny of some 600 ordinances and their subsidiary legislation to identify provisions that needed to be adapted. However, the Administration had decided that only those adaptation of laws bills that were considered essential to the normal operation of the HKSAR would be introduced into the PLC.

      8. Referring to the three Bills detailed in PLC Papers Nos. LS 93, 96 and 98, the Legal Adviser said that the three Bills were among the adaptation of laws bills to which priority had been accorded. The Adaptation of Laws (Courts and Tribunals) Bill sought to provide for the adaptation of references to courts in various ordinances. The Adaptation of Laws (Reference to Foreign Country, etc) Bill sought to make amendments to references to foreign country, and other related expressions in specific ordinances, to ensure conformity with the Basic Law and with the status of Hong Kong as an SAR of the People’s Republic of China. The Adaptation of Laws (Crown Land) Bill sought to amend references to the Crown in relation to land in the laws of Hong Kong in order to conform with Article 7 of the Basic Law.

      9. The Legal Adviser added that the three Bills proposed essentially technical amendments to a large number of ordinances. The Legal Service Division was still scrutinizing the Bills and would make further reports if problems were identified. He recommended that members give support in principle to the resumption of the Second Reading debate on the three Bills. Members agreed.

    3. Legal Practitioners (Amendment) Bill 1998

    4. (PLC Paper No. LS 97)

      10. The Legal Adviser said that the purpose of the Bill was to provide for the appointment in Hong Kong of notaries public. He further said that an attempt was made to localize the appointment of notaries public by the introduction of the Legal Practitioners (Amendment) Bill 1996 in February 1996. The 1996 Amendment Bill was withdrawn following the carriage of a Committee stage amendment proposed by the former Bills Committee, which provided for the compulsory membership of notaries public with the Hong Kong Society of Notaries (HKSN). The reason for the withdrawal was that the Administration had considered that compulsory membership would probably infringe the right of freedom of association under Article 22 of the International Covenant on Civil and Political Rights.

      11. In response to members, the Legal Adviser said that the 1998 Amendment Bill sought to put in place an appointment system which was supported by a self regulatory system similar to that of the Law Society of Hong Kong and the Hong Kong Bar Association. This should address the concern about the infringement on the right of freedom of association. According to the Administration, the HKSN, the Law Society of Hong Kong and the Hong Kong Bar Association were supportive of the Bill.

      12. Mr IP Kwok-him suggested and members agreed to form a Bills Committee to study the Bill. The following members agreed to join: Dr LEONG Che-hung, Mr IP Kwok-him and Mrs Miriam LAU Kin-yee.

    5. Road Traffic (Validation of Collection of Fees) Bill

    6. (PLC Paper No. LS 92)

      13. Referring to the paper, the Legal Adviser said that the Bill was intended to rectify a technical omission as a result of the inadvertent repeal of paragraph 6(c) of Schedule 8 to the Road Traffic Ordinance by the former Legislative Council. The Bill sought to validate the collection, since 9 November 1995, of fees paid for the supply of certificates of roadworthiness in respect of private cars or light goods vehicles. The legal and drafting aspects of the Bill were in order.

      14. The Legal Adviser drew members’ attention to the Road Traffic (Amendment of Schedule 8) (No. 2) Order 1998 which was covered in PLC Paper No. LS 89 under agenda item III(b). The Amendment of Schedule Order had been made by the Chief Executive to restore paragraph 6(c) to Schedule 8 to the Ordinance.

      15. Members agreed that the Second Reading debate on the Bill be resumed.

    7. Kowloon-Canton Railway Corporation (Amendment) Bill 1998

    8. (PLC Paper No. LS 90)

      16. The Legal Adviser said that the main purpose of the Bill was to empower the Kowloon-Canton Railway Corporation (KCRC) to construct and operate new railways and to provide for a new finance structure for the KCRC to enable the Government to inject equity into the KCRC towards the funding of the construction of new railways.

      17. The Legal Adviser further said that although the provisions relating to financing new railways were new to the KCRC Ordinance, they were mainly modelled on the Mass Transit Railway Corporation Ordinance and the Airport Authority Ordinance. The Legal Service Division was seeking clarification from the Administration on some drafting and technical points. He said that members might wish to consider whether it was necessary to set up a Bills Committee to study the finance-related provisions of the Bill in detail.

      18. Mrs Miriam LAU suggested and members agreed that a Bills Committee be formed to study the Bill. The following members agreed to join: Dr Raymond HO Chung-tai, Mr LEE Kai-ming, Mrs Selina CHOW, Mr Henry WU, Mr TSANG Yok-sing, Mrs Miriam LAU Kin-yee, Mr Paul CHENG Ming-fun and Dr LAW Cheung-kwok.

    9. Town Planning (Amendment) Bill 1998

    10. (PLC Paper No. LS 94)

      19. Members agreed that the Bill should be studied by a Bills Committee. The Chairman said that as agreed at the last meeting, the Bills Committee formed to study the Roads (Works, Use and Compensation) (Amendment) Bill 1998 and the Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998 would also study the Bill.

    11. Merchant Shipping (Registration) (Amendment) Bill 1998

    12. (PLC Paper No. LS 91)

      20. The Legal Adviser said that the Bill sought to require ships registered in Hong Kong to fly the national flag of the People’s Republic of China directly above the regional flag of the Hong Kong SAR when entering and leaving any port. The Bill also empowered the Director of Marine to exempt Hong Kong registered ships from flying the proper colours under certain circumstances. The drafting aspect of the Bill was in order.

      21. The Legal Adviser further said that the Bill, if enacted, would be deemed to have come into operation on 1 July 1997. The retrospective effect was however subject to Article 12 of the Hong Kong Bill of Rights, i.e. no one would be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed. Similar provisions also existed in the three Adaptation of Laws Bills mentioned in (i) above.

      22. Members agreed that the Second Reading debate on the Bill be resumed.

    13. Building Management (Amendment) Bill 1998

    14. (PLC Paper No. LS 95)

      23. Referring to the paper, The Legal Adviser explained that the main purposes of the Bill were to empower an owners’ corporation to carry out renovation, improvement and decorations works to the common parts of a building and to increase the requisite percentage of owners’ shares from 10% to 30% for making objection to the convening of a meeting of owners for appointment of a management committee. He added that members might wish to set up a Bills Committee to study the Bill which involved a change in policy.

      24. Mr IP Kwok-him suggested and members agreed that a Bills Committee be formed to study the Bill. The following members agreed to join: Mr LEE Kai-ming, Mr Henry WU, Mr CHAN Choi-hi, Mr CHAN Wing-chan and Mr IP Kwok-him.

  2. Legal Service Division’s report on subsidiary legislation tabled in Council on 11 February 1998 (gazetted on 23, 27 January and 6 February 1998)

  3. (PLC Papers Nos. LS 89, 100 & 103)

    PLC Paper No. LS 89

    25. The Chairman referred members to the paper which detailed the three items of subsidiary legislation gazetted on 23 January 1998.

    26. Members raised no queries on the subsidiary legislation covered in the paper.

    PLC Paper No. LS 100

    27. Referring to the paper which covered the 12 items of subsidiary legislation gazetted on 27 January 1998, the Legal Adviser said that the Telecommunication (Amendment) Regulation 1998 introduced a new licence known as the Public Radio-communication Service Licence for services other than land mobile services. The introduction of the new licence was part of a series of arrangements leading to the surrender of the licence held by the Hong Kong Telecom International Limited (HKTI). He added that the Telephone (Repeal) Regulation 1998, which was covered in PLC Paper No. LS 103, also dealt with matters relating to the surrender of the HKTI licence. It was a condition precedent for the surrender of the HKTI licence on 31 March 1998 that legislation necessary to repeal the statutory price control arrangements imposed on the Hong Kong Telephone Company from 1 July 1998 be in place by 31 March 1998.

    28. The Chairman said that at the joint meeting held with the Administration on 9 February 1998, members of the Panel on Economic Services and the Panel on Information Policy raised a number of questions on the proposed resolution of the HKTI licence. He suggested and members agreed to form a subcommittee to study the Telecommunication (Amendment) Regulation 1998 and the Telephone (Repeal) Regulation 1998. The following members agreed to join the subcommittee : Mr James TIEN Pei-chun, Mrs Elsie TU, Mr Henry WU and Dr LAW Cheung-kwok.

    29. As regards the nine Orders made under the Port Control (Cargo Working Areas) Ordinance, the Legal Adviser said that they repealed earlier Orders in respect of ten public cargo working areas and declared new boundaries for eight of such working areas.

    30. Mr IP Kwok-him said that operators in the industry should be given the opportunity to put forward their views , if any, on the proposals set out in the nine Orders. He suggested and members agreed that a subcommittee should be formed to study the nine Orders. The following members agreed to join : Mr LEE Kai-ming, Mr Ronald ARCULLI, Mr YUEN Mo and Mr IP Kwok-him.

    31. Members raised no queries on the remaining two items of subsidiary legislation covered in the paper.

    PLC Paper No. LS 103

    32. Referring to the paper which dealt with the ten items of subsidiary legislation gazetted on 6 February 1998, the Chairman said that members had earlier agreed to form a subcommittee to study the Telephone (Repeal) Regulation 1998 (which was covered in the paper) together with the Telecommunication (Amendment) Regulation 1998.

    33. The Chairman drew members’ attention to the Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1998 which sought to increase the fees payable under the Lifts and Escalators (Safety) Ordinance. He suggested that the subcommittee formed earlier to study the subsidiary legislation gazetted on 16 January 1998 relating to fee increases should also be asked to study the Amendment Regulation as well as any other subsidiary legislation relating to fee increases which would be introduced within the term of the PLC. Members agreed.

    34. Members raised no queries on the remaining eight items of subsidiary legislation covered in the paper.

    35. The Chairman informed members that the deadline for giving notice to amend the subsidiary legislation detailed in PLC Papers Nos. LS 89, 100 and 103 was 4 March 1998 or 11 March 1998 if the period for amendment was extended by resolution to the Council meeting on 18 March 1998.

    36. Assistant Secretary General 3 reminded members that the Council meeting on 11 March 1998 would be devoted mainly to the 1998-99 Budget. He said that if the subcommittees decided to amend the subsidiary legislation or required more time to study the subsidiary legislation, the subcommittees should move motions at the Council meeting on 4 March 1998, instead of at the Council meeting on 11 March 1998, to extend the scrutiny period to 18 March 1998. The deadline for giving notice of such a motion to be moved at the Council meeting on 4 march 1998 was 27 February 1998.

IV. Further business for the Council meeting on 18 February 1998

Questions
(PLC Paper No. CB(3) 635)

37. The Chairman said that 15 written questions had been scheduled. No questions seeking oral replies had been scheduled as the Council meeting on 18 February 1998 would be devoted to the 1998-99 Budget.

V. Business for the Council meeting on 25 February 1998

  1. Questions

  2. (PLC Paper No. CB(3) 636)

    38. The Chairman said that 12 questions (6 oral and 6 written) had been scheduled. He reminded members that the deadline for giving notice of questions was 16 February 1998.

  3. Bills - First and Second Readings
    1. Adaptation of Laws (Interpretative Provisions) Bill
    2. Adaptation of Laws (Nationality Related Matters) Bill
    3. 39. The Chairman said that the above two Bills would be introduced on 25 February 1998 and considered by the House Committee on 27 February 1998.

  4. Bills - resumption of debate on Second Reading, Committee Stage and Third Reading
    1. Occupational Deafness (Compensation) (Amendment) (No. 2) Bill 1997
    2. 40. The Chairman said that the Administration had given notice to resume the Second Reading debate on 25 February 1998.

      41. Dr TANG Siu-tong, Chairman of the Bills Committee, said that the Bills Committee had earlier decided to move a Committee stage amendment (CSA) to relax the service requirement from 10 years to 5 years in four very noisy occupations. The Administration had now accepted the Bills Committee’s recommendation and agreed to move the CSA.

    3. Criminal Procedure (Amendment) Bill 1998
    4. 42. The Chairman said that members agreed at the last meeting that the Second Reading on the above Bill be resumed.

    5. Provident Fund Schemes Legislation (Amendment) Bill 1997
    6. 43. The Chairman said that the Bills Committee had agreed with the Administration’s proposal to resume the Second Reading debate on the Bill on 25 February 1998. The Bills Committee would report under agenda item VII(b).

  5. Motions
    1. Resolution under section 25 of the Mass Transit Railway Corporation Ordinance (Cap. 270) - to be moved by the Secretary for Transport

    2. (PLC Paper No. LS 105)

      44. The Legal Adviser explained that the resolution sought the Council’s approval for the Mass Transit Railway (Transport Interchange) Bylaw made by the Mass Transit Railway Corporation (MTRC). The purpose of the Bylaw was to enable the MTRC to regulate the use of the transport interchanges by vehicles and persons. He highlighted in particular Part XI of the Bylaw which provided for the exclusion and limitation of liabilities of the MTRC.

      45. The Legal Adviser said that the Legal Service Division would need more time to study the legal issues relating to Part XI of the Bylaw and to consider the Administration’s response to some other technical issues raised by the Legal Service Division.

      46. The Chairman suggested and members agreed to form a subcommittee to study the resolution. The following members agreed to join the subcommittee : Mr LEE Kai-ming, Mr Henry WU, Mr Ronald ARCULLI, Mrs Miriam LAU Kin-yee and Dr LAW Cheung-kwok.

      47. The Chairman asked the Secretariat to request the Administration to withdraw the notice for moving the resolution at the Council meeting on 25 February 1998.

    3. Resolution under section 26 of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474) - to be moved by the Secretary for Transport

    4. (PLC Paper No. LS 101)

      48. The Legal Adviser said that the resolution sought the Council’s approval for the Tai Lam Tunnel and Yuen Long Approach Road Bylaw made under the Tai Lam Tunnel and Yuen Long Approach Road Ordinance. The Bylaw provided for the control of traffic, the payment of tolls as well as the prohibition and restriction of certain types of vehicles in the Tai Lam Tunnel and Yuen Long Approach Road. The legal and drafting aspects of the resolution were in order.

      49. Members raised no queries on the resolution.

    5. Resolution under section 29 of the Pharmacy and Poisons Ordinance (Cap. 138) - to be moved by the Secretary for Health and Welfare
    6. (PLC Paper No. LS 102)

      50. The Legal Adviser said that the resolution sought the Council’s approval for the Pharmacy and Poisons (Amendment) Regulation 1998 and the Poisons List (Amendment) Regulation 1998 made under the Pharmacy and Poisons Ordinance. The objects of the two Amendment Regulations were to add newly registered medicines to the Poisons List under the Poisons List Regulations and the Schedules under the Pharmacy and Poisons Regulations as well as to revise the classification of certain medicines so as to facilitate up-to-date controls. The legal and drafting aspects of the resolution were in order.

      51. Members raised no queries on the resolution.

  6. Members’ motions
    1. Motion on "Building management"
    2. 52. Members noted that wording of the motion to be moved by Dr LAW Cheung-kwok.

    3. Motion on "Future of Hong Kong’s freight industry"
    4. 53. Members noted the wording of the motion to be moved by Mrs Miriam LAU Kin-yee.

      54. The Chairman advised members that the deadlines of giving notice of amendment, if any, to the above notions was 18 February 1998. The normal speaking time limits would apply.

VI. Advance information on motions for the Council meeting on 4 March 1998

  1. Motion

    Resolution under section 7(1) of the Public Finance Ordinance (Cap. 2) - to be moved by Secretary for the Treasury

  2. 55. The Chairman said that the Secretary for the Treasury had given notice to move the above resolution at the Council meeting on 4 March 1998. The purpose of the resolution was to seek funds on account to enable the Government to carry on existing services between the start of the new financial year on 1 April 1998 and the enactment of the Appropriation Ordinance.

  3. Members’ motions
    1. Motion to be moved by Mr CHOY Kan-pui
    2. 56. Members noted that a debate slot had been allocated to Mr CHOY Kan-pui.

    3. Motion to be moved by Mr TAM Yiu-chung
    4. 57. Members noted that a debate slot had been allocated to Mr TAM Yiu-chung.

VII. Reports

  1. Position report on Bills Committees/subcommittees

  2. (PLC Paper No. CB(2) 981)

    58. The Chairman said that there were one subcommittee and seven Bills Committees in action. In addition, members had earlier agreed to form three Bills Committees and four subcommittees under agenda item III above. One subcommittee and two Bills Committees had completed work and would report under agenda item VII(c), (e) and (f) below.

  3. Report of the Bills Committee on Provident Fund Schemes Legislation (Amendment) Bill 1997

  4. (PLC Paper No. CB(1) 847 issue vide CB(2) 953 on 5 February 1998)

    59. Referring to the report of the Bills Committee which was circulated to members on 4 February 1998. Mr Ronald ARCULLI said that the Bills Committee would need to hold two more meetings on 16 January 1998. One meeting would be for discussing with the Administration the composition of the management board of the Mandatory Provident Fund Schemes Authority, while the other one was for meeting the Administration and the Hong Kong Society of Accountants (HKSA) to discuss issues raised by the HKSA. As the Bills Committee had not yet completed its deliberations, he suggested and members agreed that the President’s permission be sought to extend the deadline for giving notice of CSAs from 16 February 1998 to 18 February 1998.

    60. Members noted that the Chairman would move a motion under Rule 49(3) of the Rules of Procedure at the Council meeting on 25 February 1998 to shorten the duration of the division bell to one minute given the large number of CSAs proposed to the Bill.

  5. Report of the subcommittee on subsidiary legislation gazetted on 16 January 1998 relating to fee increases
  6. (PLC Paper No. CB(2) 980)

    61. Mr Ronald ARCULLI reported that the subcommittee had studied the 18 items of subsidiary legislation gazetted on 16 January 1998 relating to fee increases and recommended that -

    (a) the following Amendment Regulations and Order be supported -

    1. Road Traffic (Public Services Vehicles) (Amendment) Regulation 1998 (L.N. 15);

    2. Road Traffic (Parking on Private Roads) (Amendment) Regulation 1998 (L.N. 32); and

    3. Road Traffic Ordinance (Amendment of schedule 5) Order 1998 (L.N. 34)

    (b) the remaining 15 items of subsidiary legislation (L.Ns. 17,18,21-31, 33 and 35) be repealed.

    62. Mr ARCULLI said that the subcommittee agreed to support the subsidiary legislation in (a)(i) above on the ground that the proposed fare increase would restore the overall financial position of Lantau taxi operations to a level comparable to their previous average income. The subcommittee also agreed to support the fee increase proposals in (a)(ii) and (iii) above which were intended to deter illegal parking.

    63. In response to the Chairman, Mr ARCULLI said that the subcommittee recommended that the 15 items of subsidiary legislation in (b) above should be repealed as the subcommittee was of the view that the Government should not take the lead in increasing fees and charges at a time of a downturn in the economy.

    64. The Chairman said that 15 resolutions would be moved at the Council meeting on 25 February 1998 to repeal the 15 items of subsidiary legislation concerned. If necessary, he would move a motion under Rule 49(5) of the Rules of Procedure to shorten the duration of the division bell to one minute.

  7. Fifth Report of the subcommittee on subsidiary legislation relating to Legislative Council election

  8. (PLC Paper No. CB(2) 989)

    65. Referring to the paper, Mr IP Kwok-him, Chairman of the subcommittee, said that the subcommittee had studied the Electoral Affairs Commission (Nominations Advisory Committees) Regulation and recommended that the Regulation be supported.

    66. Mr IP further said that the subcommittee was formed to study nine items of election-related subsidiary legislation. The subcommittee had already completed scrutiny of eight items and submitted five reports to the House Committee. The subcommittee would hold one more meeting on 14 February 1998 to consider outstanding issues on the remaining item concerning the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation and submit a written report on the subcommittee’s deliberations for the House Committee’s consideration at the next meeting on 20 February 1998.

    67. Mr IP reminded members that the deadline for giving notice to amend the above two Regulations at the Council meeting on 25 February 1998 was 18 February 1998.

  9. Report of the Bills Committee on Housing (Amendment) Bill 1998

  10. (PLC Paper No. CB(2) 994)

    68. Miss CHAN Yuen-han, a member of the Bills Committee, reported on behalf of the Chairman, Mr CHAN Kam-lam. Miss CHAN highlighted the main deliberations of the Bills Committee as detailed in the paper and said that the Bills Committee supported the technical amendments proposed in the Bill.

    69. Members agreed that the Second Reading debate on the Bill be resumed on 25 February 1998.

  11. Report of the Bills Committee on Hong Kong Bill of Rights (Amendment) Bill 1998

  12. (PLC Paper No. CB(2) 991)

    70. Referring to the paper, Mr Ambrose LAU Hon-chuen, Chairman of the Bills Committee, said that the Bills Committee had held three meetings, one of which was to receive views from deputations. He added that members of the Bills Committee had divergent views on the Bill and two members were considering to propose CSAs to the Bill. The Bills Committee noted that the suspension period of the Hong Kong Bill of Rights (Amendment) Ordinance 1997 would expire on 28 February 1998 and recommended the resumption of Second Reading debate on the Bill to take place on 25 February 1998.

    71. Members agreed that the Second Reading debate on the Bill be resumed on 25 February 1998.

VIII. Any other business

Updating of the House Rules (as recommended by the Committee on Rules of Procedure)


(PLC Paper No. CB(1) 841)

72. Members noted the recommendations set out in the paper. Mrs Selina CHOW suggested that a decision on the recommendations in paragraphs 4 and 6 of the paper be deferred to the next meeting on 20 February 1998 to allow members more time to consider the recommendations. Members agreed.

73. The meeting ended at 4:25 pm.


Provisional Legislative Council Secretariat
18 February 1998