LegCo Paper No. CB(3) 827/96-97
THE LEGISLATIVE COUNCIL
MINUTES
No. 25 of 1996-97
Minutes of the sitting held on Wednesday 9 and Thursday 10 April 1997 at 2:30 pm
Members present:
President -- The Honourable Andrew WONG Wang-fat, OBE, JP
The Honourable Allen LEE Peng-fei, CBE, JP
The Honourable Mrs Selina CHOW LIANG Shuk-yee, OBE, JP
Dr the Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
The Honourable SZETO Wah
The Honourable LAU Wong-fat, OBE, JP
The Honourable Edward HO Sing-tin, OBE, JP
The Honourable Ronald Joseph ARCULLI, OBE, JP (absent on 9.4.97)
The Honourable Mrs Miriam LAU Kin-yee, OBE, JP
Dr the Honourable Edward LEONG Che-hung, OBE, JP
The Honourable Albert CHAN Wai-yip
The Honourable CHEUNG Man-kwong
The Honourable CHIM Pui-chung
The Honourable Frederick FUNG Kin-kee (absent on 10.4.97)
The Honourable Michael HO Mun-ka
Dr the Honourable HUANG Chen-ya, MBE
The Honourable Emily LAU Wai-hing
The Honourable LEE Wing-tat
The Honourable Eric LI Ka-cheung, OBE, JP
The Honourable Fred LI Wah-ming
The Honourable Henry TANG Ying-yen, JP
The Honourable James TO Kun-sun
Dr the Honourable Samuel WONG Ping-wai, OBE, FEng, JP
Dr the Honourable Philip WONG Yu-hong
Dr the Honourable YEUNG Sum
The Honourable Howard YOUNG, JP
The Honourable Zachary WONG Wai-yin
The Honourable Christine LOH Kung-wai
The Honourable James TIEN Pei-chun, OBE, JP
The Honourable LEE Cheuk-yan
The Honourable CHAN Kam-lam
The Honourable CHAN Wing-chan
The Honourable CHAN Yuen-han
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, JP
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, JP
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 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, CBE, ISO, JP
The Honourable Lawrence YUM Sin-ling
Members absent:
The Honourable Martin LEE Chu-ming, QC, JP
The Honourable NGAI Shiu-kit, OBE, JP
The Honourable Andrew CHENG Kar-foo
The Honourable Margaret NG
Public officers attending:
- The Honourable Donald TSANG Yam-kuen, OBE, JP
- The Chief Secretary
- The Honourable Jeremy Fell MATHEWS, CMG, JP
- The Attorney General
- Mr CHAU Tak-hay, CBE, JP
- Secretary for Broadcasting, Culture and Sport
- Mr Nicholas NG Wing-fui, JP
- Secretary for Constitutional Affairs
- Mr Dominic WONG Shing-wah, OBE, JP
- Secretary for Housing
- Mrs Katherine FOK LO Shiu-ching, OBE, JP
- Secretary for Health and Welfare
- Mr Rafael HUI Si-yan, JP
- Secretary for Financial Services
- Mr Joseph WONG Wing-ping, JP
- Secretary for Education and Manpower
- Mr Peter LAI Hing-ling, JP
- Secretary for Security
- Mr Bowen LEUNG Po-wing, JP
- Secretary for Planning, Environment and Lands
- Mr KWONG Ki-chi, JP
- Secretary for the Treasury
- Miss Denise YUE Chung-yee, JP
- Secretary for Trade and Industry
- Mr LAM Woon-kwong, JP
- Secretary for the Civil Service
- Mr Stephen IP Shu-kwan, JP
- Secretary for Economic Services
- Mr KWONG Hon-sang, JP
- Secretary for Works
- Mr Paul LEUNG Sai-wah, JP
- Secretary for Transport
Clerks in attendance:
- Mr Ricky FUNG Choi-cheung
- Secretary General
- Mr LAW Kam-sang
- Deputy Secretary General
- Mrs Justina LAM CHENG Bo-ling
- Assistant Secretary General (2)
- Mr Ray CHAN Yum-mou
- Assistant Secretary General (3)
Papers
The following papers were laid on the table pursuant to Standing Order No. 14(2):
| Subsidiary Legislation | L.N. NO.
|
|---|
| 1. Consumer Goods Safety Regulation | 110/97
|
| 2. Toys and Children's Products Safety Regulation | 111/97
|
| 3. Arbitration (Parties to New York Convention) (Amendment) Order 1997 | 112/97
|
| 4. Official Languages (Alteration of Text Under Section 4D) (No.6) Order 1997 | 113/97
|
| 5. Official Languages (Alteration of Text Under Section 4D) (No.7) Order 1997 | 114/97
|
| 6. Occupational Retirement Schemes (Preparation of Actuarial Certificates) Rules (L.N. 41 of 1997) (Commencement) Notice 1997 | 115/97
|
| 7. Occupational Retirement Schemes (Periodic Certification of Registered Defined Benefit Schemes) Rules (L.N. 42 of 1997) (Commencement) Notice 1997 | 116/97
|
| 8. Official Languages (Authentic Chinese Text) (Bishop of the Roman Catholic Church in Hong Kong Incorporation Ordinance) Order | (C) 33/97
|
| 9. Official Languages (Authentic Chinese Text) (Chater Masonic Scholarship Fund Ordinance) Order | (C) 34/97
|
| 10. Official Languages (Authentic Chinese Text) (China Congregational Church Ordinance) Order | 35/97
|
| 11. Official Languages (Authentic Chinese Text) (Church of England Trust Ordinance) Order | (C) 36/97
|
| 12. Official Languages (Authentic Chinese Text) (Jesuit Order (English Assistancy) Incorporation Ordinance) Order | (C) 37/97
|
| 13. Official Languages (Authentic Chinese Text) (Jesuit Order (Portuguese Province) Incorporation Ordinance) Order | (C) 38/97
|
| 14. Official Languages (Authentic Chinese Text) (Chater (Cathedral and St. Andrew's) Endowment Funds Incorporation Ordinance) Order | (C) 39/97
|
| 15. Official Languages (Authentic Chinese Text) (Brewin Trust Fund Ordinance) Order | (C) 40/97
|
| 16. Official Languages (Authentic Chinese Text) (Li Po Chun Charitable Trust Fund Ordinance)
Order | (C) 41/97
|
| 17. Official Languages (Authentic Chinese Text) (Correctional Services Children's Education Trust Ordinance) Order | (C) 42/97
|
| 18. Schedule of Routes (China Motor Bus Company) Order 1997 | 117/97
|
| 19. Schedule of Routes (Citybus Limited) Order 1997 | 118/97
|
| 20. Schedule of Routes (Kowloon Motor Bus Company) Order 1997 | 119/97
|
| 21. Official Languages (Alteration of Text Under Section 4D) (No.8) Order 1997 | 120/97
|
| 22. Official Languages (Alteration of Text Under Section 4D) (No.9) Order 1997 | 121/97
|
| 23. Official Languages (Alteration of Text Under Section 4D) (No.10) Order 1997 | 122/97
|
| 24. Official Languages (Alteration of Text Under Section 4D) (No.11) Order 1997 | 123/97
|
| 25. Leveraged Foreign Exchange Trading (Fees) (Amendment) Rules 1997 | 124/97
|
| 26. Non-Contentious Probate (Amendment) Rules 1997 | 125/97
|
| 27. Official Administrator's Accounts (Interest) (Amendment) Rules 1997 | 126/97
|
| 28. Official Languages (Authentic Chinese Text) (Daughters of Charity of the Canossian nstitute Incorporation Ordinance) Order | (C) 43/97
|
| 29. Official Languages (Authentic Chinese Text) (Chinese Rhenish Church, Hong Kong Synod, Incorporation Ordinance) Order | (C) 44/97
|
| 30. Official Languages (Authentic Chinese Text) (Church of Christ in China, Wanchai Church Incorporation Ordinance) Order | (C) 45/97
|
| 31. Official Languages (Authentic Chinese Text) (Daughters of Mary Help of Christians Incorporation Ordinance) Order | (C) 46/97
|
| 32. Official Languages (Authentic Chinese Text) (Congregation of Our Lady of Charity of the Good Shepherd of Angers at Hong Kong Incorporation Ordinance) Order | (C) 47/97
|
| 33. Official Languages (Authentic Chinese Text) (Broadcasting Authority Ordinance) Order | (C) 48/97
|
| 34. Official Languages (Authentic Chinese Text) (Catholic Mission of Macao Incorporation Ordinance) Order | (C) 49/97
|
| 35. Official Languages (Authentic Chinese Text) (Chinese Young Men's Christian Association Ordinance) Order | (C) 50/97
|
| 36. Official Languages (Authentic Chinese Text) (China Peniel Missionary Society Incorporation Ordinance) Order | (C) 51/97
|
| 37. Air Pollution Control (Construction Dust) Regulation | 127/97
|
| 38. Travel Industry Compensation Fund (Procedure for Ex Gratia Payments) (Amendment) Rules 1997 | 128/97
|
| 39. Travel Industry Compensation Fund (Amount of Ex Gratia Payments and Financial Penalty) (Amendment) Rules 1997 | 129/97
|
| 40. Travel Industry Compensation Fund (Procedure for Ex Gratia Payments) (Amendment) Rules 1997 (L.N. 128 of 1997) (Commencement) Notice 1997 | 130/97
|
| 41. Travel Industry Compensation Fund (Amount of Ex Gratia Payments and Financial Penalty) (Amendment) Rules 1997 (L.N. 129 of 1997) (Commencement) Notice 1997 | 131/97
|
| 42. Air Pollution Control (Amendment) Ordinance 1993 (13 of 1993) (Commencement) Notice 1997 | 132/97
|
| 43. Official Languages (Authentic Chinese Text) (Emergency Regulations Ordinance) Order | (C) 52/97
|
| 44. Official Languages (Authentic Chinese Text) (Diocesan School and Orphanage Incorporation Ordinance) Order | (C) 53/97
|
| 45. Official Languages (Authentic Chinese Text) (Hongkong and Kowloon Wharf and Godown Company Limited (By-Laws) Ordinance) Order | (C) 54/97
|
| 46. Official Languages (Authentic Chinese Text) (Kowloon Union Church Incorporation Ordinance) Order | (C) 55/97
|
| 47. Official Languages (Authentic Chinese Text) (Masonic Benevolence Fund Incorporation Ordinance) Order | (C) 56/97
|
| 48. Official Languages (Authentic Chinese Text) (Secretary for Home Affairs Incorporation
Ordinance) Order | (C) 57/97
|
| 49. Official Languages (Authentic Chinese Text) (Hong Kong Council of Social Service Incorporation Ordinance) Order | (C) 58/97
|
| 50. Official Languages (Authentic Chinese Text) (Emmanuel Church Incorporation Ordinance) Order | (C) 59/97
|
| 51. Official Languages (Authentic Chinese Text) (Grantham Scholarships Fund Ordinance) Order | (C) 60/97
|
| 52. Official Languages (Authentic Chinese Text) (Hong Kong Baptist Church Incorporation Ordinance) Order | (C) 61/97
|
| 53. Official Languages (Authentic Chinese Text) (Education Scholarships Fund Ordinance) Order | (C) 62/97
|
| 54. Official Languages (Authentic Chinese Text) (Miscellaneous Licences Ordinance) Order | (C) 63/97
|
| 55. Official Languages (Authentic Chinese Text) (Financial Secretary Incorporation Ordinance) Order | (C) 64/97
|
| 56. Official Languages (Authentic Chinese Text) (Kowloon Tong Church of the Chinese Christian and Missionary Alliance Incorporation Ordinance) Order | (C) 65/97
|
| 57. Official Languages (Authentic Chinese Text) (Franciscan Missionaries of Mary Incorporation Ordinance) Order | (C) 66/97
|
| 58. Official Languages (Authentic Chinese Text) (Caritas Hong Kong Incorporation Ordinance) Order | (C) 67/97
|
| 59. Official Languages (Authentic Chinese Text) (Kowloon City Baptist Church Ordinance) Order | (C) 68/97
|
| 60. Official Languages (Authentic Chinese Text) (Director of Education Incorporation Ordinance) Order | (C) 69/97
|
| 61. Official Languages (Authentic Chinese Text) (Council of Heep Yunn School Incorporation Ordinance) Order | (C) 70/97
|
| 62. Official Languages (Authentic Chinese Text) (Emergency Relief Fund Ordinance) Order | (C) 71/97
|
| 63. Official Languages (Authentic Chinese Text) (Council of St. Paul's Co-Educational College Incorporation Ordinance) Order | (C) 72/97
|
| 64. Official Languages (Authentic Chinese Text) (Hong Kong Conference of Youth Organizations Incorporation Ordinance) Order | (C) 73/97
|
| 65. Official Languages (Authentic Chinese Text) (Diocesan Boys' School Committee Incorporation Ordinance) Order | (C) 74/97
|
| 66. Official Languages (Authentic Chinese Text) (Council of the Diocesan Girls' School Incorporation Ordinance) Order | (C) 75/97
|
| 67. Official Languages (Authentic Chinese Text) (Diocesan Preparatory School Council Incorporation Ordinance) Order | (C) 76/97
|
Sessional Papers 1996-97
| 1.No.81- | Director of Social Welfare Incorporated Statement of Accounts for the year ended 31 March 1996
|
| 2.No.82- | Report of the Director of Audit on the Results of Value for Money Audits - February 1997 Director of Audit's Report No.28
|
| 3.No.83- | Securities and Futures Commission Approved Estimates of Income and Expenditure for Financial Year 1997/98
|
Miscellaneous
White Paper on the Annual Report on Hong Kong 1996 to Parliament
Questions
Written replies to Questions 1 to 20 were tabled for Members information.
Government Bills
First Reading
Administration of Justice (Miscellaneous Provisions) (No. 2) Bill 1997
Housing (Amendment) (No. 2) Bill 1997
Transfer of Sentenced Persons Bill
Auxiliary Medical Service Bill
Civil Aid Service Bill
Noise Control (Amendment) Bill 1997
Merchant Shipping (Collision Damage Liability and Salvage) Bill
The Bills were read the first time and ordered to be set down for Second Reading pursuant to Standing Order No. 41(3).
Second Reading
Administration of Justice (Miscellaneous Provisions) (No. 2) Bill 1997
The Attorney General 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.
Housing (Amendment) (No. 2) Bill 1997
The Secretary for Housing 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.
Transfer of Sentenced Persons Bill
Auxiliary Medical Service Bill
Civil Aid Service Bill
The Secretary for Security moved the Second Reading and addressed the Council on each of the above three 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.
Noise Control (Amendment) Bill 1997
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 (Collision Damage Liability and Salvage) Bill
The Secretary for Economic 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.
Appropriation Bill 1997
Resumption of debate on Second Reading which had been moved on 12 March 1997.
In accordance with Standing Order 54(2), the Council resumed the debate on the Appropriation Bill 1997.
Nine Members spoke on the motion.
At 4:15 pm, the President's Deputy took the chair during the temporary absence of the President.
Another six Members spoke on the motion.
At 5:28 pm, the President resumed the chair.
13 further Members spoke on the motion.
The President suspended the sitting at 7:56 pm.
The Council resumed at 2:30 pm on 10 April 1997 and continued with the debate on the second reading of the Appropriation Bill 1997.
Eight Members spoke on the motion.
At 3:57 pm, the President's Deputy took the chair during the temporary absence of the President.
Another eight Members spoke on the motion.
At 5:36 pm, the President resumed the chair.
Seven further Members spoke on the motion.
At 7:06 pm, the President's Deputy took the chair during the temporary absence of the President.
One more Member spoke on the motion.
In the course of Mr Bruce LIU's speech, the Financial Secretary 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.
Another Member spoke on the motion.
At 7:32 pm, the President resumed the chair.
Dr C H LEONG spoke on the motion and moved that the debate on the motion be adjourned to the sitting to be held on 16 April 1997.
Question on the motion proposed, put and agreed to.
Members' Motions
Interpretation and General Clauses Ordinance
Mr WONG Wai-yin moved the following motion and addressed the Council:
That the Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulation 1997, published as Legal Notice No. 69 of 1997 and laid on the table of the Legislative Council on 5 March 1997, be repealed.
Question on the motion proposed.
Six Members and the Secretary for Transport spoke on the motion.
Mr WONG Wai-yin replied.
Question on the motion put. The President stated that he thought the motion 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 18 votes for the motion and 32 votes against it. (Voting record in the Appendix.) He declared that Mr WONG Wai-yin's motion was negatived.
Members' Bills
First Reading
Employment (Amendment) (No. 3) Bill 1997
Employment (Amendment) (No. 4) Bill 1997
Security and Guarding Services (Amendment) (No. 2) Bill 1997
Employee's Rights to Representation, Consultation and Collective Bargaining Bill
Hong Kong St. John Ambulance Incorporation Bill
Sailors Home and Missions to Seamen Incorporation (Transfer of Undertaking) Bill
The Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997
The Bills were read the first time and ordered to be set down for Second Reading pursuant to Standing Order No. 41(3).
Second Reading
Employment (Amendment) (No. 3) Bill 1997
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.
Employment (Amendment) (No. 4) Bill 1997
Mr MOK Ying-fan 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.
Security and Guarding Services (Amendment) (No. 2) Bill 1997
Mr CHAN Wing-chan 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.
Employee's Rights to Representation, Consultation and Collective Bargaining Bill
Mr LEE Cheuk-yan 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.
Hong Kong St. John Ambulance Incorporation Bill
Dr C H LEONG 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.
Sailors Home and Missions to Seamen Incorporation (Transfer of Undertaking) Bill
Mr Eric LI 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 Hongkong and Shanghai Banking Corporation Limited (Amendment) Bill 1997
Mr Paul CHENG 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.
Next sitting
In accordance with Standing Orders, the President adjourned the Council until Wednesday 16 April 1997.
Adjourned accordingly at ten minutes to ten oclock.
(Andrew WONG)
President
Council Chamber
Hong Kong
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