LegCo Paper No. CB(3) 775/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 27 of 1995/96

Minutes of the sitting held on Wednesday 8 May 1996 at 2.30 p.m.

Members present:

    President : The Honourable Andrew WONG Wang-fat, O.B.E., J.P.
    The Honourable Allen LEE Peng-fei, C.B.E., J.P.
    The Honourable Mrs Selina CHOW LIANG Shuk-yee, O.B.E., J.P.
    The Honourable Martin LEE Chu-ming, Q.C., J.P.
    Dr the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.
    The Honourable NGAI Shiu-kit, O.B.E., J.P.
    The Honourable SZETO Wah
    The Honourable LAU Wong-fat, O.B.E., J.P.
    The Honourable Edward HO Sing-tin, O.B.E., J.P.
    The Honourable Ronald Joseph ARCULLI, O.B.E., J.P.
    The Honourable Mrs Miriam LAU Kin-yee, O.B.E., J.P.
    Dr the Honourable Edward LEONG Che-hung, O.B.E., J.P.
    The Honourable Albert CHAN Wai-yip
    The Honourable CHEUNG Man-kwong
    The Honourable CHIM Pui-chung
    The Honourable Frederick FUNG Kin-kee
    The Honourable Michael HO Mun-ka
    Dr the Honourable HUANG Chen-ya, M.B.E.
    The Honourable Emily LAU Wai-hing
    The Honourable LEE Wing-tat
    The Honourable Eric LI Ka-cheung, J.P.
    The Honourable Fred LI Wah-ming
    The Honourable Henry TANG Ying-yen, J.P.
    The Honourable James TO Kun-sun
    Dr the Honourable Samuel WONG Ping-wai, M.B.E., F.Eng., J.P.
    Dr the Honourable Philip WONG Yu-hong
    Dr the Honourable YEUNG Sum
    The Honourable Howard YOUNG, J.P.
    The Honourable Zachary WONG Wai-yin
    The Honourable James TIEN Pei-chun, O.B.E., J.P.
    The Honourable LEE Cheuk-yan
    The Honourable CHAN Kam-lam
    The Honourable CHAN Wing-chan
    The Honourable CHAN Yuen-han
    The Honourable Andrew CHENG Kar-foo
    The Honourable Paul CHENG Ming-fun
    The Honourable CHENG Yiu-tong
    Dr the Honourable Anthony CHEUNG Bing-leung
    The Honourable CHEUNG Hon-chung
    The Honourable CHOY Kan-pui, J.P.
    The Honourable David CHU Yu-lin
    The Honourable Albert HO Chun-yan
    The Honourable IP Kwok-him
    The Honourable LAU Chin-shek
    The Honourable Ambrose LAU Hon-chuen, J.P.
    Dr the Honourable LAW Cheung-kwok
    The Honourable LAW Chi-kwong
    The Honourable LEE Kai-ming
    The Honourable LEUNG Yiu-chung
    The Honourable Bruce LIU Sing-lee
    The Honourable LO Suk-ching
    The Honourable MOK Ying-fan
    The Honourable Margaret NG
    The Honourable NGAN Kam-chuen
    The Honourable SIN Chung-kai
    The Honourable TSANG Kin-shing
    Dr the Honourable John TSE Wing-ling
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, C.B.E., I.S.O., J.P.
    The Honourable Lawrence YUM Sin-ling

Member absent:

    The Honourable Christine LOH Kung-wai

Public officers attending:

The Honourable Donald TSANG Yam-kuen, O.B.E., J.P.
The Financial Secretary
The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
The Attorney General
Mr CHAU Tak-hay, C.B.E., J.P.
Secretary for Recreation and Culture
Mr Haider Hatim Tyebjee BARMA, I.S.O., J.P.
Secretary for Transport
Mr Gordon SIU Kwing-chue, J.P.
Secretary for Economic Services
Mrs Katherine FOK LO Shiu-ching, O.B.E., J.P.
Secretary for Health and Welfare
Mr Rafael HUI Si-yan, J.P.
Secretary for Financial Services
Mr Joseph WONG Wing-ping, J.P.
Secretary for Education and Manpower
Mr Peter LAI Hing-ling, J.P.
Secretary for Security
Mr Bowen LEUNG Po-wing, J.P.
Secretary for Planning, Environment and Lands
Mrs Stella HUNG KWOK Wai-ching, J.P.
Secretary for Home Affairs

Clerks in attendance:

    Mr Ricky FUNG Choi-cheung, Secretary General
    Miss Pauline NG Man-wah, Assistant Secretary General (1)
    Mr Ray CHAN Yum-mou, Assistant Secretary General (3)

PAPERS

The following papers were laid on the table pursuant to Standing Order 14(2):

Subsidiary Legislation

L.N. NO.

1. Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 1996

167/96

2. Noise Control (Motor Vehicles) Regulation

168/96

3. Census and Statistics (Annual Survey of Imports and Exports of Services) (Amendment) Order 1996

169/96

4. Independent Commission Against Corruption (Treatment of Detained Persons) (Amendment) Order 1996

170/96

5. Official Languages (Alteration of Text) (Money Changers Ordinance) Order 1996

171/96

6. Matrimonial Causes (Amendment) Rules 1996

172/96

7. Pleasure Grounds (Regional Council) (Amendment) Bylaw 1996

173/96

8. Employees Retraining Ordinance (Amendment of Schedule 2) Notice 1996

174/96

9. Statutes of the Chinese University of Hong Kong (Amendment) Statute 1996

175/96

10. Official Languages (Authentic Chinese Text) (Money Changers Ordinance) Order

(C) 38/96

11. Official Languages (Authentic Chinese Text) (Pounds Ordinance) Order

(C) 39/96

12. Official Languages (Authentic Chinese Text) (Oil Pollution (Land Use and Requisition) Ordinance)Order

(C) 40/96

13. Official Languages (Authentic Chinese Text) (Queen Elizabeth Foundation for the Mentally Handicapped Ordinance) Order

(C) 41/96

14. Official Languages (Authentic Chinese Text) (Sir Edward Youde Memorial Fund Ordinance) Order

(C) 42/96

QUESTIONS

Before Mr Fred LI asked Question 1, the President stated that subsequent to the issue of the Order Paper for this sitting, he had received from Mr LI notice of a motion, which urged the Government to provide half-fee concession to elderly persons aged 60 and above when charging them for general public medical services, for debate at the sitting of this Council on 22 May and that he had directed under Standing Orders that the motion be printed in the terms in which it was handed in. The President went on to say that under the rule of anticipation, a matter must not be anticipated if it was contained in a more effective form of proceeding than the proceeding by which it was sought to be anticipated. He further stated that as a motion was a more effective form of proceeding than a question, he had ruled part (c) of Mr LI's question out of order but Mr LI might still ask parts (a) and (b) of his question.

1. Mr Fred LI asked parts (a) and (b) of Question 1.

The Secretary for Health and Welfare replied.

Four Members asked supplementaries and the Secretary for Health and Welfare replied.

2. Miss CHAN Yuen-han asked Question 2.

The Secretary for Security replied.

Eight Members asked supplementaries and the Secretary for Security replied.

3. Mr CHAN Kam-lam asked Question 3.

The Secretary for Security replied.

11 Members asked supplementaries and the Secretary for Security replied.

4. Mr Andrew CHENG asked Question 4.

The Secretary for Transport replied.

Five Members asked supplementaries and the Secretary for Transport and the Secretary for Planning, Environment and Lands replied.

5. Mr MOK Ying-fan asked Question 5.

The Secretary for Recreation and Culture replied.

Five Members asked supplementaries and the Secretary for Recreation and Culture, the Secretary for Security and the Secretary for Planning, Environment and Lands replied.

Written replies to Questions 6 to 19 were tabled for Members’ information.

MOTION

INTERPRETATION AND GENERAL CLAUSES ORDINANCE

The Secretary for Recreation and Culture moved the motion in Annex I and addressed the Council.

Question on the motion proposed, put and agreed to.

FIRST READING

Companies (Amendment) Bill 1996

Employees' Compensation (Amendment) Bill 1996

Noise Control (Amendment) Bill 1996

The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).

SECOND READING

Companies (Amendment) Bill 1996

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 Standing Orders, the debate was adjourned and the bill was referred to the House Committee.

Employees' Compensation (Amendment) Bill 1996

The Secretary for Education and Manpower moved the second reading and addressed the Council.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debate was adjourned and the bill was referred to the House Committee.

Noise Control (Amendment) Bill 1996

The Secretary for Planning, Environment and Lands moved the second reading and addressed the Council.

Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debate was adjourned and the bill was referred to the House Committee.

Merchant Shipping (Safety) (Amendment) Bill 1996

Resumption of debate on second reading which had been moved on 24 April 1996.

Question on second reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Plant varieties protection bill

Resumption of debate on second reading which had been moved on 24 April 1996.

Question on 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 following bills:

Merchant Shipping (Safety) (Amendment) Bill 1996

Question that the following clauses stand part of the bill proposed.

Question on clauses 1 to 10 put and agreed to.

Plant varieties protection bill

Question that the following clauses and schedule stand part of the bill proposed.

Question on clauses 1 to 42 put and agreed to.

Question on schedule put and agreed to.

The Council then resumed.

THIRD READING

The Secretary for Economic Services reported that

the Merchant Shipping (Safety) (Amendment) Bill 1996 and

the Plant varieties protection bill

had passed through Committee without amendment. He moved that these two bills be read the third time and do pass.

Question on the third reading of the two bills proposed, put and agreed to.

Bills read the third time and passed.

MEMBER'S MOTIONS

BROADCASTING POLICY

Mr Albert CHAN moved the following motion and addressed the Council:

That this Council expresses deep regret that the Government has not honoured its policy commitment, made in the 1994 Policy Address, to open up the subscription television market and that it has abandoned the proposed omnibus broadcasting bill, and urges the Government to open up the subscription television market; review and amend the existing broadcasting legislation; and formulate a sound and forward-looking broadcasting policy, so as to create a free, diversified, open, fair and competitive broadcasting environment in Hong Kong and maintain the territory's leading position in the Asian broadcasting industry.

Question on Mr Albert CHAN's motion proposed. The President proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together in a joint debate.

Dr LAW Cheung-kwok moved the following amendment to Mr Albert CHAN's motion and addressed the Council:

To delete "open up the" after "and urges the Government to", and substitute with "draw up a comprehensive timetable for opening up the"; to delete "market" after "subscription television" and substitute with ", wireless television, satellite television and video-on-demand programme services markets and the introduction of public access channels; furthermore, the Government should"; and to delete ";" after "review and amend the existing broadcasting legislation".

Question on Dr LAW Cheung-kwok's amendment to Mr Albert CHAN's motion proposed.

Two Members spoke on the motion and the amendment.

At 4:40 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another eight Members spoke on the motion and the amendment.

Mr Albert CHAN spoke on the amendment.

The Secretary for Recreation and Culture spoke on the motion and the amendment.

At 5:35 p.m., the President resumed the chair.

Question on Dr LAW Cheung-kwok's amendment to Mr Albert CHAN's motion put and negatived.

Dr LAW Cheung-kwok's claim for a division was disallowed for the reason that the President had already declared the result.

Mr Albert CHAN replied.

Question on Mr Albert CHAN's original motion put. As the President could not judge from the voice votes whether the ’ayes’ had it or the ‘noes’ had it, he ordered the Council to divide under Standing Order 36(4).

The President announced that there were 26 votes for the motion and 22 votes against it. (Voting record in Annex II.) He declared that Mr Albert CHAN's original motion was carried.

REVIEW OF MAJOR ADVISORY AND STATUTORY BODIES

Mr Bruce LIU moved the following motion and addressed the Council:

That this Council urges the Government to conduct a comprehensive review on the roles and functions of major existing advisory bodies (such as the Labour Advisory Board, the Transport Advisory Committee and the Social Welfare Advisory Committee) and statutory bodies (such as the Housing Authority and the Hospital Authority), and to adopt appropriate measures to enhance their representativeness, accountability and transparency.

Question on Mr Bruce LIU's motion proposed. The President proposed that the motion and the proposed amendment be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the proposed amendment be debated together in a joint debate.

Mr IP Kwok-him moved the following amendment to Mr Bruce LIU's motion and addressed the Council:

To delete "major" and "(such as the Labour Advisory Board, the Transport Advisory Committee and the Social Welfare Advisory Committee)"; and to delete "(such as the Housing Authority and the Hospital Authority), and to adopt appropriate measures" and substitute with ",conduct extensive consultation exercise targeted at specific bodies and formulate an overall policy on the establishment of advisory bodies by the executive authorities, so as".

Question on Mr IP Kwok-him's amendment to Mr Bruce LIU's motion proposed.

17 Members spoke on the motion and the amendment.

Mr Bruce LIU spoke on the amendment.

The Secretary for Home Affairs spoke on the motion and the amendment.

Question on Mr IP Kwok-him's amendment to Mr Bruce LIU's motion put. The President stated that he thought the amendment had been agreed.

Mr LEE Wing-tat, Mr Albert HO and Mr Bruce LIU claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 38 votes for the motion and one vote against it. (Voting record in Annex III.) He declared that Mr IP Kwok-him's amendment to Mr Bruce LIU's motion was agreed.

Mr Bruce LIU replied.

Question on Mr Bruce LIU's motion as amended by Mr IP Kwok-him put. The President stated that he thought the amended motion had been carried.

Mr Albert HO claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 37 votes for the motion and one vote against it. (Voting record in Annex IV.) He declared that Mr Bruce LIU's motion as amended by Mr IP Kwok-him was carried.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 15 May 1996.

Adjourned accordingly at twenty-three minutes to nine o’clock.

Last Updated on 29 July 1999