LC Paper No. CB(3) 1567/98-99
LEGISLATIVE COUNCIL
MINUTES
No. 33
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Minutes of the meeting held on Wednesday 28 April 1999 at 2:30 pm
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Members present:
President
The Hon Mrs Rita FAN, GBS, JP
The Hon Kenneth TING Woo-shou, JP
The Hon James TIEN Pei-chun, JP
The Hon David CHU Yu-lin
The Hon HO Sai-chu, JP
The Hon Cyd HO Sau-lan
The Hon Edward HO Sing-tin, JP
The Hon Albert HO Chun-yan
The Hon Michael HO Mun-ka
Dr the Hon Raymond HO Chung-tai, JP
The Hon LEE Wing-tat
The Hon LEE Cheuk-yan
The Hon Martin LEE Chu-ming, SC, JP
The Hon Eric LI Ka-cheung, JP
The Hon LEE Kai-ming, JP
Dr the Hon David LI Kwok-po, JP
The Hon Fred LI Wah-ming
Dr the Hon LUI Ming-wah, JP
The Hon NG Leung-sing
Prof the Hon NG Ching-fai
The Hon Margaret NG
The Hon Mrs Selina CHOW LIANG Shuk-yee, JP
The Hon Ronald ARCULLI, JP
The Hon MA Fung-kwok
The Hon James TO Kun-sun
The Hon CHEUNG Man-kwong
The Hon Ambrose CHEUNG Wing-sum, JP
The Hon HUI Cheung-ching
The Hon Christine LOH
The Hon CHAN Kwok-keung
The Hon CHAN Yuen-han
The Hon Bernard CHAN
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
Dr the Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon LEUNG Yiu-chung
The Hon Gary CHENG Kai-nam
The Hon SIN Chung-kai
The Hon Andrew WONG Wang-fat, JP
Dr the Hon Philip WONG Yu-hong
The Hon WONG Yung-kan
The Hon Jasper TSANG Yok-sing, JP
The Hon Howard YOUNG, JP
Dr the Hon YEUNG Sum
The Hon YEUNG Yiu-chung
The Hon LAU Chin-shek, JP
The Hon LAU Kong-wah
The Hon LAU Wong-fat, GBS, JP
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon Emily LAU Wai-hing, JP
The Hon Andrew CHENG Kar-foo
The Hon SZETO Wah
The Hon Timothy FOK Tsun-ting, JP
The Hon LAW Chi-kwong, JP
The Hon TAM Yiu-chung, JP
The Hon FUNG Chi-kin
Dr the Hon TANG Siu-tong, JP
Member absent:
The Hon CHOY So-yuk
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 CHAU Tak-hay, JP
- Secretary for Trade and Industry
- Mrs Katherine FOK LO Shiu-ching, JP
- Secretary for Health and Welfare
- Mr Rafael HUI Si-yan, GBS, JP
- Secretary for Financial Services
- Mr Joseph WONG Wing-ping, GBS, JP
- Secretary for Education and Manpower
- Miss Denise YUE Chung-yee, JP
- Secretary for the Treasury
- Mrs Regina IP LAU Suk-yee, JP
- Secretary for Security
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- Deputy Secretary General
- Mr Ray CHAN Yum-mou,
- Assistant Secretary General (3)
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. | Merchant Shipping (Safety) (Subdivision and Damage Stability of Cargo Ships Over 100 Metres in Length) (Amendment) Regulation 1999 | 99/99
|
| 2. | Lands Tribunal (Amendment) Rules 1999 | 100/99
|
| 3. | Hawker (Regional Council) (Amendment) Bylaw 1999 | 101/99
|
| 4. | Hawker (Urban Council) (Amendment) Bylaw 1999 | 102/99
|
| 5. | Statutes of the Chinese University of Hong Kong (Amendment) Statutes 1999 | 103/99
|
| 6. | Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545) (Commencement) Notice 1999 | 104/99
|
| 7. | Port Control (Cargo Working Areas) (Amendment) Regulation 1999 (L.N. 71 of 1999) (Commencement) Notice 1999 | 105/99
|
Sessional Papers
| No. 123 | - | Report of changes to the approved Estimates of Expenditure approved during the third quarter of 1998-99
(Public Finance Ordinance : Section 8)
|
Reports
1. Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period July 1998 to April 1999
2. Report of the Bills Committee on Adaptation of Laws Bill 1998
Addresses
Hon Mrs Selina CHOW, Chairman of the Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region, addressed the Council on the Committee's Progress Report for the period July 1998 to April 1999.
Questions
1. Dr Hon David LI asked Question 1.
The Secretary for Trade and Industry replied.
Five Members asked supplementaries and the Secretary for Trade and Industry replied.
2. Hon HUI Cheung-ching asked Question 2.
The Secretary for Trade and Industry replied.
Six Members asked supplementaries and the Secretary for Trade and Industry replied.
3. Hon Bernard CHAN asked Question 3.
The Secretary for Education and Manpower replied.
Six Members asked supplementaries and the Secretary for Education and Manpower replied.
4. Hon David CHU asked Question 4.
The Secretary for Education and Manpower replied.
Seven Members asked supplementaries and the Secretary for Education and Manpower replied.
5. Hon Albert HO asked Question 5.
The Secretary for Security replied.
Seven Members asked supplementaries and the Secretary for Security replied.
6. Dr Hon TANG Siu-tong asked Question 6.
The Secretary for Health and Welfare replied.
Six Members asked supplementaries and the Secretary for Health and Welfare replied.
Written replies to Questions 7 to 20 were tabled for Members' information.
Bills
First Reading
Provision of Municipal Services (Reorganization) Bill
Insurance Companies (Amendment) Bill 1999
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
Provision of Municipal Services (Reorganization) 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.
Insurance Companies (Amendment) Bill 1999
The Secretary for Financial Services 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.
Resumption of Second Reading debate
Adaptation of Laws Bill 1998
The debate on the Second Reading which had been moved on 14 October 1998 resumed.
Hon Andrew WONG, Chairman of the Bills Committee on Adaptation of Laws Bill 1998, addressed the Council on the Report of the Bills Committee on the Bill.
A Member spoke on the Bill.
The Secretary for Security replied.
Question on the 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 Adaptation of Laws Bill 1998.
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that schedules 1, 4, 5, 6, 8, 10 and 11 stand part of the Bill proposed, put and agreed to.
Question that schedules 2, 3, 7, 9 and 12 to 15 stand part of the Bill proposed.
The Secretary for Security moved amendments to schedules 2, 3, 7, 9 and 12 to 15 and addressed the Committee.
Question on the amendments put and agreed to.
Question that schedules 2, 3, 7, 9 and 12 to 15, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Security reported that
the Adaptation of Laws Bill 1998
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.
Members' Motions
Proposed resolution under Article 75 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
Hon Mrs Selina CHOW moved the motion in Appendix I and addressed the Council.
Question on the motion proposed.
The Chief Secretary for Administration and two Members spoke on the motion.
The Chief Secretary for Administration spoke a second time on the motion.
Question on the motion put.
Hon Emily LAU claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 27 were present, 26 were in favour of the motion and one against it; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 26 were present and 25 were in favour of the motion. (Voting record in Appendix II.) Since the question was agreed by a majority of each of the two groups of Members present, she declared that the motion was carried.
New arrivals from the Mainland
Hon LAW Chi-kwong moved the following motion and addressed the Council:
That, in anticipation of the arrival of hundreds of thousands of eligible persons from the Mainland to settle in Hong Kong following the judgment of the Court of Final Appeal (CFA), which was made according to the provisions in the Basic Law, this Council urges the Government:
- to collaborate with the Mainland authorities to expeditiously formulate and promulgate the new procedure for vetting and approving Certificate of Entitlement (C of E) applications in accordance with the judgment of the CFA and the spirit of the Basic Law, verify the status of C of E applicants and issue the C of E within a reasonable period of time, so as to discourage those persons who have the right of abode (ROA) in Hong Kong but whose status has not been verified from entering Hong Kong illegally;
- to make arrangements for persons with the ROA, without prejudice to the exercise of their right, to decide for themselves whether or when to settle in Hong Kong after being issued with the C of E; and
- to give new arrivals the right to enjoy social welfare in accordance with the law, assist them in becoming self-dependent and integrating into the community as soon as possible, and adopt measures to eliminate any possible discrimination and misunderstanding towards them.
Question on Hon LAW Chi-kwong's motion proposed.
The President stated that Hon Mrs Selina CHOW would move an amendment to the motion. In accordance with the Rules of Procedure, the motion and the amendment would be debated together in a joint debate.
Hon Mrs Selina CHOW moved the following amendment to Hon LAW Chi-kwong's motion and addressed the Council:
To delete "collaborate" after "(a) to" and substitute with "discuss"; to delete "to" after "Mainland authorities" and substitute with "and"; to delete "formulate and promulgate the new procedure for vetting and approving Certificate of Entitlement (C of E) applications" after "expeditiously" and substitute with "ascertain the number of persons in the Mainland eligible for settling in Hong Kong"; to add "the Basic Law," after "in accordance with"; to delete "spirit of the Basic Law, verify the status of C of E applicants and issue the C of E within a reasonable period of time, so as to discourage those persons who have the right of abode (ROA) in Hong Kong but whose status has not been verified from entering Hong Kong illegally" after "the judgment of the CFA and the" and substitute with "relevant provisions of the local legislation, and make corresponding arrangements for such persons to come to Hong Kong in batches and in an orderly manner, thereby preventing an influx of illegal immigrants and undesirable impacts on Hong Kong"; to delete "make arrangements for persons with the ROA, without prejudice to the exercise of their right, to decide for themselves whether or when to settle in Hong Kong after being issued with the C of E" after "(b) to" and substitute with "comprehensively review and adjust the various public policies so as to cater for the new population trends and avoid the emergence of conflicts within Hong Kong"; and to delete "give new arrivals the right to enjoy social welfare in accordance with the law, assist them in becoming self-dependent and integrating into the community as soon as possible, and adopt measures to eliminate any possible discrimination and misunderstanding towards them" after "(c) to" and substitute with "formulate measures to absorb and train these new arrivals from the Mainland with a view to developing them into a new driving force for Hong Kong's economic development".
Question on Hon Mrs Selina CHOW's amendment to Hon LAW Chi-kwong's motion proposed.
The Secretary for Security and a Member spoke on the motion and the amendment.
At 6:10 pm, the President's Deputy took the chair during the temporary absence of the President.
Another 13 Members spoke on the motion and the amendment.
At 7:34 pm, the President resumed the chair.
Five further Members spoke on the motion and the amendment.
Hon LAW Chi-kwong spoke on the amendment.
Question on Hon Mrs Selina CHOW's amendment to Hon LAW Chi-kwong's motion put.
Hon Mrs Selina CHOW claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 27 were present, eight were in favour of the amendment, 17 against it and two abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 27 were present, one was in favour of the amendment and 25 against it. (Voting record in Appendix III.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the amendment was negatived.
Hon LAW Chi-kwong replied.
Question on Hon LAW Chi-kwong's original motion put.
Hon LAW Chi-kwong claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 26 were present, five were in favour of the original motion, 19 against it and two abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 27 were present, 14 were in favour of the original motion and 12 against it. (Voting record in Appendix IV.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the original motion was negatived.
Labour Day
Hon LEE Cheuk-yan moved the following motion and addressed the Council:
That, on the eve of Labour Day, this Council worries that the promotion and adoption of a flexible appointment system by both the Government and the private sector may lead to a trend of 'casualization' and job insecurity for the wage-earning class in Hong Kong, as well as a drastic plunge in their wages, resulting in general impoverishment in the community and polarization of the rich and the poor, thereby foreshadowing a potential crisis of social instability; this Council regrets that the Government has disregarded the situation, and urges the Government to improve the quality of life for the wage-earning class by adopting positive measures, including:
- instituting a statutory collective bargaining system and strengthening the protection for employees participating in trade union activities;
- setting a minimum wage to safeguard the basic livelihood of employees; and
- conducting a review of the tax system in Hong Kong with a view to reducing the disparity between the rich and the poor.
Question on Hon LEE Cheuk-yan's motion proposed.
The President stated that Hon CHAN Wing-chan would move an amendment to the motion. In accordance with the Rules of Procedure, the motion and the amendment would be debated together in a joint debate.
Hon CHAN Wing-chan moved the following amendment to Hon LEE Cheuk-yan's motion and addressed the Council:
To delete "worries that the promotion and adoption of a flexible appointment system by both the Government and the private sector may lead to a trend of "casualization' and job insecurity for the wage-earning class in Hong Kong, as well as a drastic plunge in their wages, resulting in general impoverishment in the community and polarization of the rich and the poor, thereby foreshadowing a potential crisis of social instability; this Council regrets that the Government has disregarded the situation, and" after "That, on the eve of Labour Day, this Council"; and to delete "improve the quality of life for the wage-earning class by adopting positive measures including: (a) instituting a statutory collective bargaining system and strengthening the protection for employees participating in trade union activities; (b) setting a minimum wage to safeguard the basic livelihood of employees; and (c) conducting a review of the tax system in Hong Kong with a view to reducing the disparity between the rich and the poor" after "urges the Government to" and substitute with "implement the suggestions in the 1999 'May 1 Declaration' made by the labour sector in Hong Kong for assisting the low-income people in alleviating their hardships, legislating for a statutory labour-management bargaining mechanism and recognizing the status of trade unions in bargaining".
Question on Hon CHAN Wing-chan's amendment to Hon LEE Cheuk-yan's motion proposed.
15 Members spoke on the motion and the amendment.
Hon LEE Cheuk-yan spoke on the amendment.
The Secretary for Education and Manpower spoke on the motion and the amendment.
Another Member spoke on the motion and the amendment.
Question on Hon CHAN Wing-chan's amendment to Hon LEE Cheuk-yan's motion put.
Hon CHAN Wing-chan claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 25 were present, seven were in favour of the amendment, 17 against it and one abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 25 were present, 14 were in favour of the amendment, three against it and seven abstained. (Voting record in Appendix V.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the amendment was negatived.
Hon LEE Cheuk-yan replied.
Question on Hon LEE Cheuk-yan's original motion put.
Hon LAU Chin-shek claimed a division. The President then ordered the Council to divide under Rule 47(1) of the Rules of Procedure.
The President announced that among the Members returned by functional constituencies, 25 were present, three were in favour of the original motion, 17 against it and five abstained; while among the Members returned by geographical constituencies through direct elections and by the Election Committee, 25 were present, six were in favour of the original motion, four against it and 14 abstained. (Voting record in Appendix VI.) Since the question was not agreed by a majority of each of the two groups of Members present, she declared that the original motion was negatived.
Next Meeting
The President declared that the next meeting of the Council would be held on 5 May 1999 at 2:30 pm.
The Council was adjourned at 11:00 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
