LegCo Paper No. CB 393/95-96

THE LEGISLATIVE COUNCIL
MINUTES
No. 14 of 1995/96

Minutes of the sitting held on Wednesday 17 January 1996 at 2.30 p.m.

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.
    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 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

Absent:

    Dr. the Honourable David LI Kwok-po, O.B.E., LL.D.(Cantab), J.P.

In attendance:

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. Nicholas NG Wing-fui, J.P.
Secretary for Constitutional Affairs
Dr. Dominic WONG Shing-wah, O.B.E., J.P.
Secretary for Housing
Mrs. Katherine FOK LO Shiu-ching, O.B.E., J.P.
Secretary for Health and Welfare
Mr. Peter LAI Hing-ling, J.P.
Secretary for Security
Mr. Bowen LEUNG Po-wing, J.P.
Secretary for Planning, Environment and Lands
Mr. KWONG Hon-sang, J.P.
Secretary for Works
Miss Denise YUE Chung-yee, J.P.
Secretary for Trade and Industry

Clerks to the Legislative Council:

    Mr. Ricky FUNG Choi-cheung, Secretary General
    Mr. LAW Kam-sang, Deputy Secretary General
    Mr. Ray CHAN Yum-mou, Assistant Secretary General (2)

PAPERS

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

Subsidiary Legislation

L.N. NO.

1. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) Order 1996

26/96

2. Slaughterhouses (Regional Council) (Amendment) Bylaw 1996

27/96

3. Noise Control (General) (Amendment) Regulation 1996é01

28/96

4. Noise Control (Construction Work) Regulation

29/96

5. Noise Control (Construction Work Designated Areas) Notice

30/96

6. Noise Control (Amendment) Ordinance 1994 (2 of 1994) (Commencement) Notice 1996

31/96

7. Noise Control Ordinance (Cap.400) (Commencement) Notice 1996

32/96

8. Boilers and Pressure Vessels (Amendment) Regulation 1996

33/96

9. Employment Agency (Amendment) Regulation 1996

34/96

Sessional Paper 1995/96

No. 52

-

Report by the Controller, Government Flying Service on the Administration of the Government Flying Service Welfare Fund for the year ended 31 March 1995

Miscellaneous

Technical Memorandum on Noise from Construction Work in Designated Areas

Technical Memorandum on Noise from Construction Work other than Percussive Piling

QUESTIONS

1. Mr. Albert CHAN asked Question 1.

The Secretary for Housing replied.

Three Members asked supplementaries and the Secretary for Housing replied.

2. Mr. HO Chun-yan asked Question 2.

The Secretary for Constitutional Affairs replied.

Four Members asked supplementaries and the Secretary for Constitutional Affairs replied.

3. Mr. LEUNG Yiu-chung asked Question 3.

The Secretary for Security replied.

Three Members asked supplementaries and the Secretary for Security replied.

4. Mr. Paul CHENG asked Question 4.

The Secretary for Trade and Industry replied.

Two Members asked supplementaries and the Secretary for Trade and Industry replied.

5. Dr. C.H. LEONG asked Question 5.

The Secretary for Works replied.

Four Members asked supplementaries and the Secretary for Works replied.

6. Mr. LAU Wong-fat asked Question 6.

The Secretary for Planning, Environment and Lands replied.

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

Written replies to Questions 7 to 20 were tabled for Members’ information.

MEMBER'S MOTIONS

FORMULATION OF LONG-TERM INDUSTRIAL POLICY

Mr. CHAN Kam-lam moved the following motion and addressed the Council :

That this Council urges the Government to formulate expeditiously a long-term industrial policy, implement the Hong Kong Science Park Project and allocate additional resources to support the development of the manufacturing industry, so as to enhance the competitiveness of local products, the productivity of our workers and the value of our industrial outputs, with a view to strengthening the basis of the economy, promoting economic growth and providing more employment opportunities.

Question on Mr. CHAN Kam-lam's motion proposed. The President proposed that the motion and the two proposed amendments, which had been circularised to Members, be debated together. There being no dissenting voice, the President ordered that the motion and the proposed amendments be debated together in a joint debate.

Mr. LEE Cheuk-yan and Mr. SIN Chung-kai addressed the Council on the motion and their proposed amendments respectively.

20 Members spoke on the motion and the amendments.

Mr. CHAN Kam-lam spoke on the amendments.

The Secretary for Trade and Industry spoke on the motion and the amendments.

Mr. LEE Cheuk-yan moved the following amendment to Mr. CHAN Kam-lam's motion :

To delete all the words after "That" and substitute with ", as the Government has long neglected the development of the territory’s industries during the past decade or so but placed emphasis on the financial and service sectors thereby resulting in the decline of the manufacturing industry and its contribution to the value of gross domestic product from 24.3% in 1984 to the current 11%, this Council expresses regret over this situation and urges the Government to expeditiously formulate a long-term industrial policy with well-defined targets, adopt concrete measures to assist and guide the development of the manufacturing sector as well as to draw up a corresponding manpower policy to match such development, so as to improve the employment potential, job opportunity and quality of life of workers; and that such policy should aim at developing capital intensive, high technology and high value-added industries, and should include the following measures:

  1. the development of quality adult education to enhance the employment potential of workrs;
  2. the establishment of a development fund to assist industrial development by way of low-interest or interest-free loans; and
  3. the speedy establishment of a research and development-oriented science park, as well as the provision of relevant technological support and guidance to the manufacturing sector".

Question on Mr. LEE Cheuk-yan's amendment to Mr. CHAN Kam-lam's motion proposed, put and negatived.

Mr. SIN Chung-kai moved the following amendment to Mr. CHAN Kam-lam's motion :

To delete "formulate" and substitute with "implement"; to delete "a long term" and substitute with "an"; to delete " , implement the Hong Kong Science Park Project and allocate additional resources to support the development of the manufacturing industry, so as to enhance the competitiveness of local products, the productivity of our workers and the value of our industrial outputs, with a view to strengthening the basis of the economy, promoting economic growth and providing" and substitute with "covering the following areas: (1) to establish a Science Park and provide corresponding tax concessions, (2) to step up the training of industrial personnel and (3) to strengthen supporting measures on technological development and transfer, so as to enhance the territory’s development and create".

Question on Mr. SIN Chung-kai's amendment to Mr. CHAN Kam-lam's motion proposed and put. The President stated that he thought the amendment had been negatived.

Mr. WONG Wai-yin claimed a division. The President then ordered the Council to divide under Standing Order 36(4).

The President announced that there were 31 votes for the amendment and 23 votes against it. (Voting record in Annex I.) He declared that Mr. SIN Chung-kai's amendment to Mr. CHAN Kam-lam's motion was carried.

Mr. CHAN Kam-lam replied.

Question on Mr. CHAN Kam-lam's motion as amended by Mr. SIN Chung-kai put and agreed to.

PROTECTION OF CIVIL RIGHTS IN HONG KONG

Mr. Andrew CHENG moved the following motion and addressed the Council :

That, as the unfair trial and unreasonable conviction of WEI Jingsheng by the Chinese authorities has caused apprehension among Hong Kong people that the existing and post-1997 laws will not be adequate to protect their civil rights, this Council urges the Government to expeditiously reflect to the Chinese authorities the wish of the Hong Kong people that WEI Jingsheng be released as well as their worry about Article 23 of the Basic Law; and that the Government should immediately introduce amendments to existing legislation relating to the act of treason, sedition and theft of state secrets, and enact legislation prohibiting subversive activities, in order that such laws will form the basis for formulating legislation relating to the act of treason, sedition, subversive activities and theft of state secrets by the Special Administrative Region Government after 1997 thereby ensuring the protection of civil rights of the people of Hong Kong.

Question on Mr. Andrew CHENG's motion proposed.

Two Members spoke on the motion.

At 7:15 p.m., the President's Deputy took the chair during the temporary absence of the President.

Another six Members spoke on the motion.

At 7:47 p.m., the President resumed the chair.

A further 20 Members and the Secretary for Security spoke on the motion.

Mr. Andrew CHENG replied.

Question on the motion put. The President stated that he thought the motion had been carried.

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

The President announced that there were 31 votes for the motion and 23 votes against it. (Voting record in Annex II.) He declared that Mr. Andrew CHENG's motion was carried.

NEXT SITTING

In accordance with Standing Orders, the President adjourned the Council until Wednesday, 24 January 1996.

Adjourned accordingly at five minutes past ten o’clock.

Last Updated on 29 July 1999