LegCo Paper No. CB(3) 1060/95-96
THE LEGISLATIVE COUNCIL
MINUTES
No. 36 of 1995/96
Minutes of the sitting held on Wednesday 10 July 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.
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.
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, O.B.E., 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 Christine LOH Kung-wai
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
Members absent:
Dr the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.
Dr the Honourable Edward LEONG Che-hung, O.B.E., J.P.
Public officers attending:
- The Honourable Donald TSANG Yam-kuen, O.B.E., J.P.
- The Chief Secretary
- Mr Rafael HIU Si-ya
- The Financial Secretary
- The Honourable Jeremy Fell MATHEWS, C.M.G., J.P.
- The Attorney General
- Mr Gordon SIU Kwing-chue, J.P.
- Secretary for Transport
- Mrs Katherine FOK LO Shiu-ching, O.B.E., J.P.
- Secretary for Health and Welfare
- Mr Joseph WONG Wing-ping, J.P.
- Secretary for Education and Manpower
- Mr KWONG Ki-chi, J.P.
- Secretary for the Treasury
- Miss Denise YUE Chung-yee, J.P.
- Secretary for Trade and Industry
- Mr LAM Woon-kwong, J.P.
- Secretary for the Civil Service
- Mr KWONG Hon-sang, J.P.
- Secretary for Works
- Mr Canice MAK Chun-fong, J.P.
- Secretary for Planning, Environment and Lands
- Mrs Rita LAU NG Wai-lan, J.P.
- Secretary for Broadcasting, Culture and Sport
- Mrs Stella HUNG KWOK Wai-ching, J.P.
- Secretary for Home Affairs
- Mrs Carrie YAU TSANG Ka-lai, J.P.
- Secretary for Security
Clerks in attendance:
Mr Ricky FUNG Choi-cheung, Secretary General
Mr LAW Kam-sang, Deputy Secretary General
Miss Pauline NG Man-wah, Assistant Secretary General (1)
Mr Ray CHAN Yum-mou, Assistant Secretary General (3)
The following papers were laid on the table pursuant to Standing Order 14(2):
|
|
|
|
1. Mental Health (Amendment) Regulation 1996
|
298/96
|
|
2. Trade Marks (Amendment) Rules 1996
|
299/96
|
|
3. Prison (Amendment) Rules 1996
|
300/96
|
|
4. Air Pollution Control (Motor Vehicle Fuel) (Amendment) Regulation 1996
|
310/96
|
|
5. Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 1996
|
311/96
|
|
6. Copyright (Application to Other Countries, Territories or Areas) Regulation
|
312/96
|
|
7. Copyright (Designation of Qualifying Countries, Territories or Areas) Regulation
|
313/96
|
|
8. Trade Marks Ordinance (Amendment of Schedule) Order 1996
|
314/96
|
|
9. Layout-Design (Topography) of Integrated Circuits (Designation of Qualifying Countries, Territories or Areas) Regulation
|
315/96
|
|
10. Civil Aviation (Aircraft Noise) (Certification) (Amendment) Regulation 1996
|
316/96
|
|
11. Medical Laboratory Technologists (Registration and Disciplinary Procedure) (Amendment) Regulation 1996
|
317/96
|
|
12. Occupational Therapists (Registration and Disciplinary Procedure) (Amendment) Regulation 1996
|
318/96
|
|
13. Radiographers (Registration and Disciplinary Procedure) (Amendment) Regulation 1996
|
319/96
|
|
14. Optometrists (Registration and Disciplinary Procedure) (Amendment) Regulation 1996
|
320/96
|
|
15. Quarantine and Prevention of Disease (Scale of Charges) (Amendment) Regulation 1996
|
321/96
|
|
16. Marine Parks (Designation) Order
|
322/96
|
|
17. Marine Reserve (Designation) Order
|
323/96
|
|
18. Official Languages (Alteration of Text) (Shipping and Port Control Ordinance) Order 1996
|
324/96
|
|
19. Criminal Jurisdiction (Specification of Time) Rules
|
325/96
|
|
20. Hong Kong Royal Instructions 1917 to 1993 (Nos. 1 and 2) - Ending of the 1995/96 Session of the Legislative Council of Hong Kong Notice 1996
|
326/96
|
|
21. Statutes of the Chinese University of Hong Kong (Amendment) (No.2) Statute 1996
|
327/96
|
|
22. Medical Practitioners (Electoral Provisions) (Procedure) Regulation (L.N. 227 of 1996) (Commencement) Notice 1996
|
328/96
|
|
23. Official Languages (Authentic Chinese Text) (Shipping and Port Control Ordinance) Order
|
(C) 76/96 |
|
No. 106
|
Statement of Accounts for the Customs and Excise Service Welfare Fund for the year 1995-96
|
|
No. 107
|
Lingnan College President's Report 1994-95 with Lingnan College Financial Report for the year ended 30 June 1995
|
|
No. 108
|
Hong Kong Trade Development Council nnual Report 1995/1996
|
|
No. 109
|
Sir Robert Black Trust Fund Annual Report for the year 1 April 1995 to 31 March 1996
|
|
No. 110
|
Sir David Trench Fund for Recreation Trustee's Report 1995-96
|
|
No. 111
|
Hong Kong Sports Development Board Annual Report 1995-1996
|
|
No. 112
|
Report of the Public Accounts Committee on Report No.26 of the Director of Audit on the Results of Value for Money Audits (June 1996 - P.A.C. Report No.26)
|
|
No. 113
|
The Eighth Annual Report of the Commissioner for Administrative Complaints Hong Kong June 1996
|
|
No. 114
|
Enquiry into the circumstances surrounding the labour disputes involving imported workers under the Special Labour Importation Scheme for the Airport Core Programme Projects and related issues
|
|
No. 115
|
Hong Kong Airport Authority Annual Report 1995/1996 |
The President announced that, in response to a point of order made by Mr K K FUNG at the sitting on 3 July 1996, he had undertaken to make a ruling, at this sitting, as to whether it was in order for Mr Albert HO to strongly question the "Shing Shun" of other Members of the Council.
The President stated that the phrase "Shing Shun" was not well-established and might mean different things to different people. Some might insist that it meant "integrity" whilst others believed that the first character stood for "integrity" and the second stood for "credibility". He opined that the expression, when loosely used, should be understood as "sincerity" in general. The President referred to the part of Mr Albert HO's speech which was the subject of Mr FUNG's point of order and stated that questioning other Members' sincerity in the support of democracy was an expression of opinion and could hardly be regarded as out of place for a debate in a political forum like this legislature. As Mr HO did not use offensive and insulting language in his speech, the President ruled that Mr HO had not breached Standing Orders.
Mr Eric LI presented the "Report of the Public Accounts Committee on Report No.26 of the Director of Audit on the Results of Value for Money Audits (June 1996 - P.A.C. Report No.26)" and addressed the Council.
Mr LAU Chin-shek presented the report on the "Enquiry into the circumstances surrounding the labour disputes involving imported workers under the Special Labour Importation Scheme for the Airport Core Programme Projects and related issues" and addressed the Council.
The Financial Secretary presented the "Hong Kong Airport Authority Annual Report 1995/1996" and addressed the Council.
1. Mr Howard YOUNG asked Question 1.
The Secretary for Security replied.
Three Members asked supplementaries and the Secretary for Security replied.
2. Mrs Elizabeth WONG asked Question 2.
The Secretary for Broadcasting, Culture and Sport replied.
Two Members asked supplementaries and the Secretary for Broadcasting, Culture and Sport replied.
3. Mr CHEUNG Hon-chung asked Question 3.
The Secretary for Health and Welfare replied.
Two Members asked supplementaries and the Secretary for Health and Welfare replied.
4. Miss Emily LAU asked Question 4.
The Secretary for the Civil Service replied.
Two Members asked supplementaries and the Secretary for the Civil Service replied.
5. Mr TSANG Kin-shing asked Question 5.
The Secretary for Security replied.
Five Members asked supplementaries and the Secretary for Security replied.
6. Mr WONG Wai-yin asked Question 6.
The Secretary for Home Affairs replied.
Three Members asked supplementaries and the Secretary for Home Affairs replied.
Written replies to Questions 7 to 20 were tabled for Members information.
The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
The Chief Secretary 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.
The Secretary for Education and Manpower moved the second reading and addressed the Council on each of the above two bills.
Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debates on the above bills were adjourned and the bills were referred to the House Committee.
The Secretary for Security 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.
The Secretary for Trade and Industry 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.
Resumption of debate on second reading which had been moved on 18 October 1995.
Seven Members spoke on the motion.
The Attorney General replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 6 December 1995.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 8 November 1995.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 22 May 1996.
Five Members spoke on the motion.
The Secretary for Education and Manpower replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 5 June 1996.
A Member spoke on the motion.
The Secretary for Security replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 7 February 1996.
Two Members spoke on the motion.
The Secretary for Security replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 18 October 1995.
Five Members spoke on the motion.
The Secretary for Planning, Environment and Lands replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 14 February 1996.
A Member spoke on the motion.
At 6:39 p.m., the President's Deputy took the chair during the temporary absence of the President.
The Secretary for Planning, Environment and Lands replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 1 May 1996.
A Member spoke on the motion.
The Secretary for the Treasury replied.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Resumption of debate on second reading which had been moved on 26 June 1996.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
The Council went into Committee and considered the following bills:
PREVENTION OF BRIBERY (MISCELLANEOUS PROVISIONS) (NO.2) BILL 1995
At 6:55 p.m., the Chairman resumed the chair.
Question that the following clauses stand part of the bill proposed.
A Member spoke on clauses 2 and 3.
Question on clauses 2, 3, 8, 9, 11 to 14, and 18 put and agreed to.
The Attorney General moved amendments to clauses 1, 4 to 7, 10, 15, 16 and 17 and addressed the Committee.
Question on the amendments proposed.
Two Members spoke on the amendments.
The Attorney General replied.
Question on the amendments put and agreed to.
Question that clauses 1, 4 to 7, 10, 15, 16 and 17, as amended, stand part of the bill put and agreed to.
New clauses 12A, 14A, 16A and 16B read the first time.
The Attorney General moved the second reading of new clauses 12A, 14A, 16A and 16B and addressed the Committee. Question on the second reading of new clauses 12A, 14A, 16A and 16B proposed.
A Member spoke on the motion.
Question on the second reading of new clauses 12A, 14A, 16A and 16B put and agreed to.
New clauses 12A, 14A, 16A and 16B read the second time.
The Attorney General moved the addition of new clauses 12A, 14A, 16A and 16B to the bill. Question on the addition proposed, put and agreed to.
New clause 13A read the first time.
The Attorney General moved the second reading of new clause 13A and addressed the Committee. Question on the second reading of new clause 13A proposed.
The Chairman stated that Mrs Selina CHOW and Mr Albert HO had also given notices to propose the addition of new clause 13A to the bill. He proposed that the Attorney General's motion and the respective proposals by Mrs Selina CHOW and Mr Albert HO be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the Attorney General's motion and the respective proposals by Mrs Selina CHOW and Mr Albert HO be debated together in a joint debate.
Mrs Selina CHOW and Mr Albert HO spoke on the Attorney Generals motion as well as their own proposals.
Two Members spoke on the motion and the proposals.
At the suggestion of Miss Margaret NG, the Chairman suspended the sitting to consider the order of voting.
The Committee resumed at 8:07 p.m.
The Chairman stated that the three new clause 13A proposed by the Attorney General, Mrs Selina CHOW and Mr Albert HO were received at the same time. Therefore, he could not rely on the first-come-first-served principle. In deciding on the order of moving the motions on the three new clause 13A, he had had regard to Standing Order 25(4). He had ruled that the Attorney General should first move his motion by virtue of his being the Public Officer in charge of the Bill, to be followed by Mrs Selina CHOW by virtue of her seniority, and lastly by Mr Albert HO. He considered that the voting on the three proposals should follow the same order.
The Attorney General replied.
Question on the second reading of new clause 13A moved by the Attorney General put and negatived.
Mrs Selina CHOW moved the second reading of her proposed new clause 13A. Question on the second reading of new clause 13A proposed and put. The Chairman stated that he thought the motion had been carried.
Mrs Selina CHOW and Mr TSANG Kin-shing claimed a division. The Chairman then ordered the Committee to divide under Standing Order 36(4).
The Chairman announced that there were 29 votes for the motion and 27 votes against it. (Voting record in Annex I.) He declared that the motion on the second reading of new clause 13A moved by Mrs Selina CHOW was carried.
The Chairman stated that Mr Albert HO might not move the second reading of his proposed new clause 13A since his proposal was inconsistent with the decision already taken.
New clause 13A read the second time.
Mrs Selina CHOW moved the addition of new clause 13A to the bill. Question on the addition proposed, put and agreed to.
New clause 13B read the first time.
The Attorney General moved the second reading of new clause 13B and addressed the Committee. Question on the second reading of new clause 13B proposed.
The Chairman stated that Miss Christine LOH had also given notice to propose the addition of new clause 13B to the bill. He proposed that the Attorney General's motion and Miss Christine LOH's proposal be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the Attorney General's motion and Miss Christine LOH's proposal be debated together in a joint debate.
Miss Christine LOH spoke on the Attorney Generals motion as well as her own proposal.
Two Members spoke on the Attorney General's motion and Miss Christine LOH's proposal.
Miss Christine LOH spoke for the second time.
The Attorney General replied.
Question on the second reading of new clause 13B moved by the Attorney General put. The Chairman stated that he thought the motion had been negatived.
Mr James TO claimed a division. The Chairman then ordered the Committee to divide under Standing Order 36(4).
The Chairman announced that there were 23 votes for the motion and 31 votes against it. (Voting record in Annex II.) He declared that the second reading of new clause 13B moved by the Attorney General was negatived.
Miss Christine LOH moved the second reading of her proposed new clause 13B. Question on the second reading of new clause 13B proposed, put and agreed to.
New clause 13B read the second time.
Miss Christine LOH moved the addition of new clause 13B to the bill. Question on the addition proposed, put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 3 and 4 put and agreed to.
The Attorney General moved amendments to clauses 2, 5 and 6 and addressed the Committee.
Question on the amendments proposed.
A Member spoke on the amendments.
The Attorney General replied.
Question on the amendments put and agreed to.
Question that clauses 2, 5 and 6, as amended, stand part of the bill put and agreed to.
Question that the following clauses and schedules stand part of the bill proposed.
The Secretary for Education and Manpower moved amendments to clauses 1, 2, 3, 5, 6, 8, 9, 10, 13, 14, 16, 19, 21, 23, 27, 39 and 40 and addressed the Committee.
Question on the amendments proposed.
A Member spoke on the amendments.
The Secretary for Education and Manpower replied.
Question on the amendments put and agreed to.
Question that clauses 1, 2, 3, 5, 6, 8, 9, 10, 13, 14, 16, 19, 21, 23, 27, 39 and 40, as amended, stand part of the bill put and agreed to.
Question on clauses 4, 7, 11, 12, 15, 17, 18, 20, 22, 24, 25, 26, 28 to 38, 41 and 42 put and agreed to.
New clauses 21A and 40A read the first time.
The Secretary for Education and Manpower moved the second reading of new clauses 21A and 40A and addressed the Committee. Question on the second reading of new clauses 21A and 40A proposed, put and agreed to.
New clauses 21A and 40A read the second time.
The Secretary for Education and Manpower moved the addition of new clauses 21A and 40A to the bill. Question on the addition proposed, put and agreed to.
The Secretary for Education and Manpower moved an amendment to schedule 1 and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Question that schedule 1, as amended, stand part of the bill put and agreed to.
Question on schedule 2 put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 4 and 5 put and agreed to.
The Chairman stated that the Secretary for Education and Manpower, Mr Edward HO and Mr Ronald ARCULLI had separately given notices to amend the proposed section 9C in clause 2. The order of moving amendments was determined in accordance with Standing Order 25(4). The Chairman went on to state that Mr Edward HO had given notice to move an amendment to the proposed section 9C in clause 2 by adding subsection (1A) and that Mr Ronald ARCULLI had also given notice to move an amendment to the same proposed section 9C by adding subsection (1A) and to add a related new clause 4A. He proposed that the amendments proposed by Mr Edward HO and Mr Ronald ARCULLI be debated together in a joint debate. There being no dissenting voice, the Chairman ordered that the proposed amendments by Mr HO and Mr ARCULLI be debated together in a joint debate.
Mr Edward HO moved an amendment to section 9C in clause 2 and addressed the Committee.
Question on the amendment proposed.
Mr Ronald ARCULLI spoke on Mr Edward HO's amendment as well as his own proposed amendments.
Three Members spoke on the amendment moved by Mr Edward HO and the amendments proposed by Mr Ronald ARCULLI.
Mr Ronald ARCULLI spoke for the second time.
The Secretary for Education and Manpower spoke on the amendment moved by Mr Edward HO and the amendments proposed by Mr Ronald ARCULLI.
Mr Edward HO replied.
Question on Mr Edward HO's amendment to the proposed section 9C in clause 2 put. The Chairman stated that he thought the amendment had been negatived.
Mr Edward HO claimed a division. The Chairman then ordered the Committee to divide under Standing Order 36(4).
The Chairman announced that there were 12 votes for the amendment and 43 votes against it. (Voting record in Annex III.) He declared that Mr Edward HO's amendment to the proposed section 9C in clause 2 was negatived.
The President ordered the Council to resume and granted leave to Mr Ronald ARCULLI to move a motion to suspend Standing Order 46(5) to enable the Committee of the whole Council to consider new clause 4A ahead of the other amendments to clause 2 and the amendment to clause 3.
Question on the motion proposed, put and agreed to.
The Council went into Committee.
New clause 4A read the first time.
Mr Ronald ARCULLI moved the second reading of new clause 4A and addressed the Committee. Question on the second reading of new clause 4A proposed.
A Member and the Secretary for Education and Manpower spoke on the motion.
Mr Ronald ARCULLI replied.
Question on the second reading of new clause 4A moved by Mr Ronald ARCULLI put and negatived.
The Chairman stated that Mr Ronald ARCULLI might not move his amendment to section 9C in clause 2 since his proposed amendment was inconsistent with the decision already taken.
The Secretary for Education and Manpower moved an amendment to the proposed section 9C in clause 2 and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Mr Ronald ARCULLI moved the amendment proposed in paragraph (b) of his amendments to clause 2 and addressed the Committee.
Question on the amendment proposed.
Two Members and the Secretary for Education and Manpower spoke on the amendment.
Mr Ronald ARCULLI replied.
Question on the amendment put and negatived.
Question that clause 2, as amended, stand part of the bill put and agreed to.
The Secretary for Education and Manpower moved an amendment to clause 3 and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Question that clause 3, as amended, stand part of the bill put and agreed to.
Question that the following clauses and schedules stand part of the bill proposed.
Question on clauses 1, 3, 6 to 11, 13, 14, 16 to 48, 50 to 57 and 59 to 65 put and agreed to.
The Secretary for Security moved amendments to clauses 2, 4, 5, 12, 15, 49 and 58 and addressed the Committee.
Question on the amendments proposed, put and agreed to.
Question that clauses 2, 4, 5, 12, 15, 49 and 58, as amended, stand part of the bill put and agreed to.
Question on schedules 1 and 2 put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 3 and 6 to 11 put and agreed to.
The Secretary for Security moved amendments to clauses 2, 4 and 5 and addressed the Committee.
Question on the amendments proposed, put and agreed to.
Question that clauses 2, 4 and 5, as amended, stand part of the bill put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 3, 6, 10, 14, 16, 19 to 23, and 26 to 29 put and agreed to.
The Secretary for Planning, Environment and Lands moved amendments to clauses 2, 4, 5, 7, 8, 9, 11, 12, 13, 15, 18, 24 and 25 and addressed the Committee.
Question on the amendments proposed, put and agreed to.
Question that clauses 2, 4, 5, 7, 8, 9, 11, 12, 13, 15, 18, 24 and 25, as amended, stand part of the bill put and agreed to.
The Secretary for Planning, Environment and Lands moved the amendments proposed in paragraphs (a) and (b) of his amendments to clause 17 and addressed the Committee.
Question on the amendments proposed.
Two Members spoke on the amendments.
Question on the amendments put and agreed to.
Mr Edward HO moved a further amendment to clause 17 and addressed the Committee.
Question on the amendment proposed.
The Secretary for Planning, Environment and Lands spoke on the amendment.
Question on the amendment put and agreed to.
The Secretary for Planning, Environment and Lands moved the amendment proposed in paragraphs (c) of his amendments to clause 17 and addressed the Committee.
Question on the amendment proposed.
A Member spoke on the amendment.
The Secretary for Planning, Environment and Lands replied.
Question on the amendment proposed by the Secretary for Planning, Environment and Lands in paragraphs (c) of his amendments to clause 17 put. The Chairman stated that he thought the amendment had been negatived.
Mr LEE Cheuk-yan claimed a division. The Chairman then ordered the Committee to divide under Standing Order 36(4).
The Chairman announced that there were 10 votes for the amendment and 45 votes against it. (Voting record in Annex IV.) He declared that the Secretary for Planning, Environment and Lands' amendment proposed in paragraphs (c) of his amendments to clause 17 was negatived.
Question that clause 17, as amended, stand part of the bill put and agreed to.
New clauses 4A, 6A, 11A, 11B, 13A and 16A read the first time.
The Secretary for Planning, Environment and Lands moved the second reading of new clauses 4A, 6A, 11A, 11B, 13A and 16A and addressed the Committee. Question on the second reading of new clauses 4A, 6A, 11A, 11B, 13A and 16A proposed, put and agreed to.
New clauses 4A, 6A, 11A, 11B, 13A and 16A read the second time.
The Secretary for Planning, Environment and Lands moved the addition of new clauses 4A, 6A, 11A, 11B, 13A and 16A to the bill. Question on the addition proposed, put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1, 3 to 6 and 8 put and agreed to.
The Secretary for Planning, Environment and Lands moved amendments to clauses 2, 7 and 9 and addressed the Committee.
At 11:00 p.m., the Chairman's Deputy took the chair during the temporary absence of the Chairman.
Question on the amendments proposed, put and agreed to.
Question that clauses 2, 7 and 9, as amended, stand part of the bill put and agreed to.
New clause 10 read the first time.
The Secretary for Planning, Environment and Lands moved the second reading of new clause 10 and addressed the Committee. Question on the second reading of new clause 10 proposed, put and agreed to.
New clause 10 read the second time.
The Secretary for Planning, Environment and Lands moved the addition of new clause 10 to the bill. Question on the addition proposed, put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clause 1 put and agreed to.
The Secretary for the Treasury moved amendments to clauses 2 and 3 and addressed the Committee.
At 11:10 p.m., the Chairman resumed the chair.
Question on the amendments proposed, put and agreed to.
Question that clauses 2 and 3, as amended, stand part of the bill put and agreed to.
New clause 4 read the first time.
The Secretary for the Treasury moved the second reading of new clause 4 and addressed the Committee. Question on the second reading of new clause 4 proposed, put and agreed to.
New clause 4 read the second time.
The Secretary for the Treasury moved the addition of new clause 4 to the bill. Question on the addition proposed, put and agreed to.
Question that the following clauses stand part of the bill proposed.
Question on clauses 1 and 2 put and agreed to.
The Council then resumed.
The Attorney General reported that
had passed through Committee with amendments. 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.
The Secretary for Education and Manpower reported that
had passed through Committee with amendments. 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.
The Secretary for Security reported that
the AVIATION SECURITY BILL and
the IMMIGRATION SERVICE (AMENDMENT) BILL 1996
had passed through Committee with amendments. She 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.
The Secretary for Planning, Environment and Lands reported that
had passed through Committee with amendments. 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.
The Secretary for the Treasury reported that
had passed through Committee with amendments and
the SUPPLEMENTARY APPROPRIATION (1995-96) BILL 1996
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.
Mr Ronald ARCULLI moved the following motion and addressed the Council:
That the Standing Orders of the Legislative Council of Hong Kong be amended by adding thereto the text in the Chinese language of the Standing Orders of the Legislative Council of Hong Kong set out in the Annex to this resolution.
(Annex to resolution and subsequent amendments to the Annex already circulated on 27 June 1996 and 8 July 1996 under LegCo Paper No. CB(3) 976/95-96 and LegCo Paper No. CB(3) 438/95-96 respectively)
Question on the motion proposed, put and agreed to.
Mrs Selina CHOW moved the following motion and addressed the Council:
That the Hotel and Guesthouse Accommodation (Fees) (Amendment) Regulation 1996, published as Legal Notice No. 224 of 1996 and laid on the table of the Legislative Council on 5 June 1996, be repealed.
Question on Mrs Selina CHOW's motion proposed.
The President stated that Mr SIN Chung-kai had also given notice to move a motion under the Interpretation and General Clauses Ordinance to amend the Hotel and Guesthouse Accommodation (Fees) (Amendment) Regulation 1996. As the motions moved by Mrs Selina CHOW and Mr SIN Chung-kai were cognate, he proposed that the two motions be debated together in a joint debate. There being no dissenting voice, the President ordered that the two motions be debated together in a joint debate.
Mr SIN Chung-kai spoke on Mrs Selina CHOWs motion as well as on his own motion.
Three Members spoke on both motions.
Mr SIN Chung-kai spoke for the second time.
The Secretary for Home Affair spoke on both motions.
Mrs Selina CHOW replied.
Question on Mrs Selina CHOWs motion put and negatived.
Mr SIN Chung-kai moved the motion in Annex V.
Question on the motion proposed, put and agreed to.
Dr John TSE moved the following motion and addressed the Council:
That this Council urges the Government to immediately review the Sewage Services Trading Fund (the Fund) with a view to abolishing the target of full-cost recovery by the year 2000, extending the period in which to achieve a balanced budget, as well as injecting capital into the Fund; and that, before completion of the review, the Government must freeze sewage charges and trade effluent surcharges to avoid increasing the burden on the public and the industrial and commercial sectors, and also streamline the existing appeal procedures for trade effluent surcharges, so as to reduce the costs borne by the appellants.
Question on Dr John TSE's motion proposed.
Six Members spoke on the motion.
At 00:38 a.m., the President's Deputy took the chair during the temporary absence of the President.
Another Member spoke on the motion.
A Member drew the attention of the President's Deputy to the absence of a quorum. The President's Deputy directed that the Council be suspended and Members be summoned. A quorum was then present.
Five further Members spoke on the motion.
At 1:08 a.m., the President resumed the chair.
A further Member and the Secretary for Works spoke on the motion.
Dr John TSE replied.
Question on the motion put and agreed to.
Dr CHEUNG Bing-leung moved the following motion and addressed the Council:
That this Council urges that the Chinese Government, in formulating the laws governing the armed forces to be stationed in the future Hong Kong Special Administrative Region (SAR), should:
- conduct open consultation with the people of Hong Kong on the relevant draft bills and truly listen to the views of all sectors;
- make provisions in the legislation to ensure that the armed forces will not interfere in the internal affairs of the SAR, and will be deployed to assist in the maintenance of public order and rescue operations only upon formal requests made by the Chief Executive of the SAR in accordance with law; and
- make provisions in the legislation to ensure that members of the armed forces involved in civil cases and criminal offences are subject to the jurisdiction of the Hong Kong courts,
so as to give full effect to the spirit of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy" in the Joint Declaration.
Question on Dr CHEUNG Bing-leung's motion proposed. The President stated that Mr IP Kwok-him had given notice to move an amendment to the motion. He 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 Dr CHEUNG Bing-leung's motion and addressed the Council:
To delete everything after the words "That this Council" and substitute with the following:
"supports that the Chinese Government formulate the military law for the future Hong Kong Special Administrative Region (SAR) in order to implement the provisions in Article 14 of Chapter II of the Basic Law, which stipulate that armed forces stationed by the Central People's Government in the SAR for defence shall not interfere in the local affairs of the Region, that the Government of the SAR may, when necessary, ask the Central People's Government for assistance from the garrison in the maintenance of public order and in disaster relief and that, in addition to abiding by national laws, members of the garrison shall abide by the laws of the SAR".
Question on Mr IP Kwok-him's amendment to Dr CHEUNG Bing-leung's motion proposed.
10 Members spoke on the motion and the amendment.
Dr CHEUNG Bing-leung spoke on the amendment.
The Secretary for Security spoke on the motion and the amendment.
Question on Mr IP Kwok-him's amendment to Dr CHEUNG Bing-leung's 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 Counil to divide under Standing Order 36(4).
The President announced that there were 26 votes for the amendment and 25 votes against it. (Voting record in Annex VI.) He declared that Mr IP Kwok-him's amendment to Dr CHEUNG Bing-leung's motion was agreed.
Dr CHEUNG Bing-leung replied.
Question on Dr CHEUNG Bing-leung's motion as amended by Mr IP kwok-him 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 amended motion and 26 votes against it. (Voting record in Annex VII.) The President stated that in accordance with Speaker DENISON's decision in 1867 that where no further discussion was possible, decisions in the affirmative should not be taken except by a majority of Members. He then exercised his casting vote in the negative. The President declared that there were 26 votes for the amended motion and 27 votes against it. Therefore, Dr CHEUNG Bing-leung's motion as amended by Mr IP Kwok-him was negatived.
The bills were read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Mr LAU Chin-shek 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.
Mrs Elizabeth WONG 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.
MASS TRANSIT RAILWAY CORPORATION (AMENDMENT) BILL 1996
KOWLOON-CANTON RAILWAY CORPORATION (AMENDMENT) BILL 1996
Mr SIN Chung-kai moved the second reading and addressed the Council on each of the above two bills.
Question on the second reading proposed. The President stated that in accordance with Standing Orders, the debates on the above bills were adjourned and the bills were referred to the House Committee.
Miss Christine LOH 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.
Resumption of debate on second reading which had been moved on 13 March 1996.
Question on second reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
The Council went into Committee and considered THE HONG KONG INSTITUTE OF LANDSCAPE ARCHITECTS INCORPORATION BILL
Question that the following clauses stand part of the bill proposed.
Question on clauses 1 to 5 and 7 to 12 put and agreed to.
Mr Edward HO moved an amendment to clause 6 and addressed the Committee.
Question on the amendment proposed, put and agreed to.
Question that clause 6, as amended, stand part of the bill put and agreed to.
The Council then resumed.
Mr Edward HO reported that
THE HONG KONG INSTITUTE OF LANDSCAPE ARCHITECTS INCORPORATION BILL
had passed through Committee with amendment. He 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.
The President announced that the business of the session had come to a close and stated that the first sitting of the 1996-97 session would be held on Wednesday, 2 October 1996.
Adjourned accordingly at twenty-seven past three o92'clock on the morning of 11 July 1996.
Last Updated on 29 July 1999
