Provisional Legislative Council

PLC Paper No. CB(2) 46

Ref : PLC/HC/4

House Committee of the Provisional Legislative Council
Minutes of the special meeting held at the Legislative Council Chamber at 5:00 pm on Tuesday, 15 July 1997

Members present :

Dr Hon LEONG Che-hung, JP (Chairman)
Hon IP Kwok-him (Deputy Chairman)
Hon WONG Siu-yee
Hon HO Sai-chu, JP
Hon Edward HO Sing-tin, JP
Dr Hon Raymond HO Chung-tai, JP
Hon NG Leung-sing
Hon Eric LI Ka-cheung, JP
Hon Allen LEE, JP
Hon Mrs Elsie TU, GBM
Hon Mrs Selina CHOW, JP
Hon Mrs Peggy LAM, JP
Hon Henry WU
Hon MA Fung-kwok
Dr Hon Mrs TSO WONG Man-yin
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon HUI Yin-fat, JP
Hon CHAN Choi-hi
Hon CHAN Yuen-han
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon CHENG Kai-nam
Hon Frederick FUNG Kin-kee
Hon Andrew WONG Wang-fat, JP
Dr Hon Philip WONG Yu-hong
Hon Howard YOUNG, JP
Dr Hon Charles YEUNG Chun-kam
Hon YEUNG Yiu-chung
Hon CHIM Pui-chung
Hon LAU Kong-wah
Hon Mrs Miriam LAU Kin-yee, JP
Hon Ambrose LAU Hon-chuen, JP
Hon CHENG Yiu-tong
Dr Hon TANG Siu-tong, JP
Hon Timothy FOK Tsun-ting
Hon KAN Fook-yee
Hon NGAN Kam-chuen
Hon LO Suk-ching
Dr Hon LAW Cheung-kwok
Hon TAM Yiu-chung, JP

Members absent :

Hon James TIEN Pei-chun, JP
Hon David CHU Yu-lin
Prof Hon NG Ching-fai
Dr Hon David LI Kwok-po, JP
Hon LEE Kai-ming
Hon NGAI Shiu-kit, JP
Hon Henry TANG Ying-yen, JP
Hon Ronald ARCULLI, JP
Hon CHEUNG Hon-chung
Hon LEUNG Chun-ying, JP
Hon MOK Ying-fan
Hon TSANG Yok-sing
Hon Kennedy WONG Ying-ho
Hon Bruce LIU Sing-lee
Hon LAU Wong-fat, JP
Hon CHOY Kan-pui, JP
Hon Paul CHENG Ming-fun, JP

Clerk in attendance :
Mrs Justina LAMClerk to the House Committee

Staff in attendance :
Mr Ricky C C FUNG, JPSecretary General
Mr Jimmy MALegal Adviser
Mr LAW Kam-sang, JPDeputy Secretary General
Mr LEE Yu-sang Senior Assistant Legal Adviser
Ms Pauline NGAssistant Secretary General 1
Mr Ray CHANAssistant Secretary General 3
Ms LEUNG Siu-kumChief Assistant Secretary (Complaints)
Ms Kathleen LAUChief Public Information Officer
Mrs Percy MAChief Assistant Secretary (2)5
Mr LAW Wing-lokChief Assistant Secretary (3)1
Mrs Eleanor CHOW Senior Assistant Secretary (2)8

I. Report of the Bills Committee on the Legislative Provisions (Suspension of Operation) Bill 1997

    Mr IP Kwok-him, Chairman of the Bills Committee, reported on the deliberations of the Bills Committee, the gist of which is summarized below -

  1. The majority of members of the Bills Committee did not support the suspension of operation of the Occupational Deafness (Compensation) (Amendment) Ordinance 1997. The Chairman of the Bills Committee would move a Committee Stage amendment (CSA) to this effect;

  2. The Bills Committee was inclined to support the suspension of operation of the Employees' Rights to Representation, Consultation and Collective Bargaining Ordinance; and

  3. The Bills Committee had not reached consensus on the remaining five Ordinances.

A copy of Mr IP's speaking note is in Appendix .

2 In response to Mrs Sophie LEUNG's question on the decision of the Bills Committee regarding the Occupation Deafness (Compensation) (Amendment) Ordinance 1997 (clause 3 of the Bill), Mr IP Kwok-him explained that at the last Bills Committee meeting, four members had voted for repealing clause 3 of the Bill; two members had voted against repealing it; and the remaining members present at the meeting had reserved their position. The Chairman supplemented that any decision reached by Bills Committees and the House Committee would not be binding on any Member in the Council.

3 Referring members to his correspondence with the Administration (tabled and circulated to members vide PLC Paper No. CB(1) 49/97-98 on 15 July 1997), the Legal Adviser said that the Administration had clarified that any applications lodged with the Occupational Deafness Compensation Board under the Occupational Deafness (Compensation) (Amendment) Ordinance 1997 before the enactment of the Legislative Provisions (Suspension of Operation) Bill 1997 would be valid and would require to be dealt with under the provisions of the Ordinance.

4 The Legal Adviser informed members that the Administration had given notice to move a CSA to stipulate 31 October 1997 as the deadline for the suspension of operation of the seven Ordinances, subject to further extension by resolution of the Council. The Legal Adviser added that he had requested the Administration to provide members with an explanatory note on the legal effect of the Administration's CSAs.

5 The Chairman said that with the agreement of the President, the deadline for giving notice of CSAs had already been extended to 1:00 pm on that day. Assistant Secretary General 3 informed members that Mr IP Kwok-him had given notice to move two sets of CSAs to the Bill, one set in his capacity as Chairman of the Bills Committee, and the other set in his personal capacity. Miss CHAN Yuen-han, Mr LAU Kong-wah and the Administration would also move separate CSAs to the Bill. In view of the fact that the CSAs to be moved by the Administration were submitted after the agreed deadline, and some members might wish to propose CSAs after considering the Administration's CSAs, members agreed that a recommendation be made to the President to extend the deadline for further CSAs, if any, to 10:00 am the following morning.

6 In response to Mrs Elsie TU, Deputy Secretary General explained that while Members could speak once during the resumption of Second Reading debate on the Bill, there was no limit on the number of times a Member may speak at Committee stage. II. Subcommittee on Hong Kong Court of Final Appeal Rules and Hong Kong Court of Final Appeal Fee Rules
    7 The Chairman advised members that the Subcommittee's first meeting would be held on 21 July 1997. To facilitate the work of the Subcommittee, he would move a motion in his capacity as the Chairman of the House Committee at the Council meeting on 23 July 1997 to extend the scrutiny period in respect of the two Rules from 23 July 1997 to 20 August 1997.

    8 The meeting ended at 5:41 pm.

Provisional Legislative Council Secretariat
16 July 1997