LC Paper No. CB(2) 194/99-00

Ref : CB2/H/5

House Committee of the Legislative Council

Minutes of the 3rd meeting
held in the Legislative Council Chamber
at 3:20 pm on Friday, 22 October 1999



Members present :

Dr Hon LEONG Che-hung, JP (Chairman) Dr Hon YEUNG Sum (Deputy Chairman)
Hon Kenneth TING Woo-shou, JP
Hon James TIEN Pei-chun, JP
Hon David CHU Yu-lin
Hon HO Sai-chu, SBS, JP
Hon Cyd HO Sau-lan
Hon Edward HO Sing-tin, SBS, JP
Hon Albert HO Chun-yan
Ir Dr Hon Raymond HO Chung-tai, JP
Hon LEE Wing-tat
Hon Martin LEE Chu-ming, SC, JP
Hon LEE Kai-ming, SBS, JP
Hon Fred LI Wah-ming, JP
Dr Hon LUI Ming-wah, JP
Hon NG Leung-sing
Prof Hon NG Ching-fai
Hon Margaret NG
Hon Mrs Selina CHOW LIANG Shuk-yee, JP
Hon Ronald ARCULLI, JP
Hon James TO Kun-sun
Hon CHEUNG Man-kwong
Hon Ambrose CHEUNG Wing-sum, JP
Hon HUI Cheung-ching
Hon CHAN Kwok-keung
Hon CHAN Yuen-han
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon Mrs Sophie LEUNG LAU Yau-fun, JP
Hon LEUNG Yiu-chung
Hon Gary CHENG Kai-nam, JP
Hon SIN Chung-kai
Hon Andrew WONG Wang-fat, JP
Hon Jasper TSANG Yok-sing, JP
Hon YEUNG Yiu-chung
Hon LAU Chin-shek, JP
Hon LAU Wong-fat, GBS, JP
Hon Mrs Miriam LAU Kin-yee, JP
Hon Emily LAU Wai-hing, JP
Hon SZETO Wah
Hon LAW Chi-kwong, JP
Hon TAM Yiu-chung, GBS, JP
Dr Hon TANG Siu-tong, JP

Members absent :

Hon Michael HO Mun-ka
Hon LEE Cheuk-yan
Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
Hon MA Fung-kwok
Hon Christine LOH Kung-wai
Hon Bernard CHAN
Dr Hon Philip WONG Yu-hong
Hon WONG Yung-kan
Hon Howard YOUNG, JP
Hon LAU Kong-wah
Hon Ambrose LAU Hon-chuen, JP
Hon CHOY So-yuk
Hon Andrew CHENG Kar-foo
Hon Timothy FOK Tsun-ting, SBS, JP
Hon FUNG Chi-kin

Clerk in attendance :

Mrs Justina LAM
Clerk to the House Committee

Staff in attendance :

Mr Jimmy MA, JP
Legal Adviser

Mr LAW Kam-sang, JP
Deputy Secretary General

Mr LEE Yu-sung
Senior Assistant Legal Adviser

Ms Pauline NG
Assistant Secretary General 1

Mr Ray CHAN
Assistant Secretary General 3

Miss Connie FUNG
Assistant Legal Adviser 3

Mr KAU Kin-wah
Assistant Legal Adviser 6

Mrs Vivian KAM
Chief Assistant Secretary (Complaints)

Miss Kathleen LAU
Chief Public Information Officer

Ms LEUNG Siu-kum
Chief Assistant Secretary (1)2

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

Mrs Betty LEUNG
Chief Assistant Secretary (3)1

Miss Mary SO
Senior Assistant Secretary (2)8

I. Confirmation of the minutes of the 2nd meeting held on 15 October 1999
(LC Paper No. CB(2) 131/99-00)

The minutes were confirmed.

II. Matters arising

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

(a) Visits of Leaders of Central People's Government
(The Chairman's letter dated 4 October 1999 to the Chief Executive and the reply dated 15 October 1999 from the Chief Executive's Office issued vide LC Paper Nos. CB(2) 149 & 157/99-00)

2. The Chairman referred members to the reply from the Chief Executive's Office, and said that the Administration would in future convey to the Central People's Government Members' wish to have meetings with visiting national leaders. The Chairman further said that any Member who came to know of the visit of a national leader in advance should inform him so that he could seek a meeting with the national leader on Members' behalf.

(b) Priority of Bills on waiting list
(Letter dated 21 October 1999 from the Director of Administration issued vide LC Paper No. CB(2) 162/99-00)

3. Referring to the letter, the Chairman said that the Administration had suggested that priority be given to the following Bills -

  1. Mass Transit Railway Bill;

  2. District Court (Amendment) Bill 1999;

  3. Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Bill 1999; and

  4. Legal Aid (Amendment) Bill 1999.

4. Members agreed to the Administration's suggested priority.

III. Legal Service Division's report on subsidiary legislation tabled in Council on 20 October 1999 (gazetted on 15 October 1999)
(LC Paper No. LS 17/99-00)

5. The Chairman referred to the paper which detailed the nine items of subsidiary legislation gazetted on 15 October 1999 and asked if members had any queries on them.

6. Members raised no queries on the subsidiary legislation.

7. The Chairman reminded members that the deadline for amending the subsidiary legislation was 17 November 1999, or 24 November 1999 if extended by resolution.

IV. Business for the Council meeting on 3 November 1999

(a) Questions

(LC Paper No. CB(3) 99/99-00)

8. Members noted that 17 questions (six oral and 11 written) had been tentatively scheduled. The Chairman reminded members that the deadline for giving notice of questions was 25 October 1999.

(b) Bills - First and Second Readings

Protection of the Harbour (Amendment) Bill 1999


9. Members noted that the Bill would be introduced into the Council on 3 November 1999 and considered by the House Committee on 5 November 1999.

(c) Bills - resumption of debate on Second Reading, Committee Stage and Third Reading

(i) Adaptation of Laws (No. 25) Bill 1999

(ii) Electricity (Amendment) Bill 1999

(iii) Shipping and Port Control (Amendment) Bill 1999


10. The Chairman said that members agreed at previous meetings that the Second Reading debates on the above Bills be resumed.

11. The Chairman further said that members of the Bills Committee on the Electricity (Amendment) Bill 1999 had divided views on the penalty provisions in the Bill. He reminded Members that the deadline for giving notice of Committee Stage amendments to the Bill was 25 October 1999.

(d) Members' motions

(i) Motion on "Composition of the Hong Kong Housing Authority"


12. Members noted the wording of the motion to be moved by Mr LEUNG Yiu-chung.

(ii) Motion on "The user-pays principle"

13. Members noted the wording of the motion to be moved by Mr James TIEN Pei-chun.

14. The Chairman said that the deadline for giving notice of amendments (if any) to the motions was 27 October 1999. The speaking time limits stipulated in rule 17(c) of the House Rules would apply.

V. Advance information on business for the Council meeting on 10 November 1999

(a) Bills - First and Second Readings

Rehabilitation Centres Bill


15. Members noted that the Bill would be introduced into the Council on 10 November 1999 and considered by the House Committee on 12 November 1999.

16. The Chairman said that the Chinese title of the Bill should be and not .

(b) Members' motions

(i) Motion to be moved by Hon LAU Kong-wah


17. Members noted that Mr LAU Kong-wah had been allocated a debate slot.

(ii) Motion to be moved by Hon MA Fung-kwok

18. Members noted that Mr MA Fung-kwok had been allocated a debate slot.

19. The Chairman said that the deadlines for giving notice of the above motions and notice of amendments (if any) to the motions were 26 October 1999 and 3 November 1999 respectively. The speaking time limits stipulated in rule 17(c) of the House Rules would apply.

VI. Reports

(a) Position report on Bills Committees/subcommittees
(LC Paper No. CB(2) 132/99-00)

20. The Chairman said that there were 15 Bills Committees and seven subcommittees in action. In addition, 11 Bills Committees were on the waiting list.

(b) Report of the subcommittee on Securities and Futures Bill
(LC Paper No. CB(1) 150/99-00)

21. Mr Ronald ARCULLI, Chairman of the subcommittee, introduced the paper which detailed the work progress of the subcommittee. He said that the organizations and professional bodies concerned should submit their views/concerns on the proposals in the Bill to the Administration before the Bill was introduced into the Council. He added that in view of the complexity of the Bill, the subcommittee hoped that the Bill would be introduced into the Council before the end of the year so that the legislative process would be completed before the end of the current legislative session in June next year.

22. The Chairman said that he would urge the Administration to introduce the Bill into the Council as soon as possible at his next meeting with CS.

VII. Any other business

(a) 1999-2000 LegCo Fun Day


23. The Chairman informed members that the 1999-2000 LegCo Fun Day would be held on Saturday, 22 January 2000 at the Hong Kong Jockey Club in Happy Valley.

(b) Urban Renewal Authority White Bill

24. The Chairman informed members that the Urban Renewal Authority White Bill was gazetted on 22 October 1999 for public consultation. He said that given the relatively short public consultation period which would end on 3 December 1999, there were several options for Members to express their views on the White Bill. These included -

  1. setting up a subcommittee under the House Committee to study the White Bill;

  2. referring the White Bill to the Panel on Planning, Lands and Works for study; and

  3. holding a motion debate at a Council meeting before the expiration of the public consultation period.

25. The Chairman said that in respect of option (iii) above, the wording of the motion which he would move as Chairman of the House Committee should be neutral along the lines such as "This Council notes the Urban Renewal Authority White Bill", and that no amendments should be proposed to the motion.

26. Mr Ronald ARCULLI was of the view that a subcommittee should be formed under the Panel on Planning, Lands and Works to study the White Bill. He added that membership of the subcommittee should be open to non-Panel members.

27. Mr James TO expressed support for option (iii), although he had no objection to the White Bill being scrutinized by the Panel on Planning, Lands and Works or a subcommittee formed under the Panel as proposed by Mr ARCULLI.

28. The Chairman said that as no prior notice was given for this item to be discussed at this meeting, he would put the item on the agenda for the next meeting on 29 October 1999.

29. The Chairman informed members that the Administration would brief the Panel on Planning, Lands and Works on the White Bill on 28 October 1999. Mr Edward HO, Chairman of the Panel, said that non-Panel members were welcomed to attend the briefing.

30. The meeting ended at 3:37 pm.


Legislative Council Secretariat
27 October 1999