LegCo Paper No. CB(3) 72/96-97

THE LEGISLATIVE COUNCIL
MINUTES
No. 2 of 1996-97
Minutes of the sitting held on Wednesday 9 October 1996 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
    The Honourable Martin LEE Chu-ming, QC, JP
    Dr The Honourable David LI Kwok-po, OBE, LLD(Cantab), JP
    The Honourable NGAI Shiu-kit, OBE, 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
    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
    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 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 Andrew CHENG Kar-foo
    The Honourable Paul CHENG Ming-fun
    The Honourable CHENG Yiu-tong
    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:

    Dr The Honourable Samuel WONG Ping-wai, MBE, FEng, JP
    Dr The Honourable Anthony CHEUNG Bing-leung
    The Honourable Margaret NG

Public officers attending:

The Honourable Mrs Anson CHAN, CBE, JP
The Chief Secretary
Mr Rafael HUI Si-yan, JP
The Financial Secretary
The Honourable Jeremy Fell MATHEWS, CMG, JP
The Attorney General
Mr Michael SUEN Ming-yeung, CBE, JP
Secretary for Home Affairs
Mr CHAU Tak-hay, CBE, JP
Secretary for Broadcasting, Culture and Sport
Mr Gordon SIU Kwing-chue, JP
Secretary for Transport
Mrs Katherine FOK LO Shiu-ching, OBE, JP
Secretary for Health and Welfare
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 LAM Woon-kwong, JP
Secretary for the Civil Service
Mrs Lessie WEI CHUI Kit-yee, JP
Secretary for Financial Services

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)



Papers

The following papers were laid on the table pursuant to Standing Order No. 14(2) :

Subsidiary Legislation

L.N. NO.

1. Official Languages (Alteration of Text under Section 4D) Order 1996

404/96

2. Antiquities and Monuments (Declaration of Archaeological Site) Notice 1996

405/96

3. Antiquities and Monuments (Declaration of Historical Building) (No.3) Notice 1996

406/96

4. Food Business (Regional Council) (Amendment) Bylaw 1996

407/96

5. Immigration Service (Amendment) Ordinance 1996 (53 of 1996) (Commencement) Notice 1996

408/96

6. Immigration Service (Designated Places) Order

409/96

7. Official Languages (Authentic Chinese Text) (Public Revenue Protection Ordinance) Order

(C) 90/96

8. Official Languages (Authentic Chinese Text) (Pesticides Ordinance) Order

(C) 91/96

9. Official Languages (Authentic Chinese Text) (Sand Ordinance) Order

(C) 92/96

10. Official Languages (Authentic Chinese Text) (Pharmacopoeia Ordinance) Order

(C) 93/96

11. Official Languages (Authentic Chinese Text) (General Loan and Stock Ordinance) Order

(C) 94/96

12. Official Languages (Authentic Chinese Text) (Control of Chemicals Ordinance) Order

(C) 95/96

13. Official Languages (Authentic Chinese Text) (Civil Liability (Contribution) Ordinance)


Order

(C) 96/96

14. Official Languages (Authentic Chinese Text) (Professional Accountants Ordinance) Order

(C) 97/96

15. Official Languages (Authentic Chinese Text) (Banking Ordinance) Order

(C) 98/96

Sessional Papers 1996-97

No. 1 - Report by the Trustee of the Correctional Services Children's Education Trust for the period 1st September 1994 to 31st August 1995

No. 2 - Sewage Services Trading Fund Annual Report and Accounts for the year ended 31 March 1996

No. 3 - The Government Minute in response to the Report No.26 of the Public Accounts Committee dated June 1996

No. 4 - Hong Kong Council on Smoking and Health Annual Report 1995-96

No. 5 - Report by the Commissioner of Police on Police Welfare Fund for the period 1 April 1994 - 31 March 1995

No. 6 - Clothing Industry Training Authority

Annual Report 1995

No. 7 - Construction Industry Training Authority 1995 Annual Report

No. 8 - Revisions of the 1995/96 Estimates approved by the Urban Council during the Fourth Quarter of the 1995/96 Financial Year

No. 9 - Revisions to the Approved Estimate of Expenditure on Capital Projects approved by the Urban Council as at end of June 1996

No. 10 - The Government Minute in response to The Eighth Annual Report of The Commissioner for Administrative Complaints Hong Kong dated June 1996

Addresses

The Chief Secretary presented "The Government Minute in response to the Report No.26 of the Public Accounts Committee dated June 1996" and "The Government Minute in response to The Eighth Annual Report of The Commissioner for Administrative Complaints Hong Kong dated June 1996" and addressed the Council.

Questions

1. Mr Howard YOUNG asked Question 1.

The Secretary for Security replied.

Six Members asked supplementaries and the Secretary for Security replied.

2. Mrs Elizabeth WONG asked Question 3.

The Secretary for Security replied.

A Member asked a supplementary and the Secretary for Security replied.

3. Miss CHAN Yuen-han asked Question 4.

The Secretary for Health and Welfare replied.

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

4. Mr IP Kwok-him asked Question 5.

The Secretary for Planning, Environment and Lands replied.

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

5. Miss Emily LAU asked Question 6.

The Secretary for Security replied.

Six Members asked supplementaries and the Secretary for Security replied.

As Mr Albert HO Chun-yan was not present, the President ruled under Standing Order No.19(6) that Question 2 be treated as a question for which a written answer had been sought.

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

Government Motions

Criminal Procedure Ordinance

The Attorney General moved the following motion and addressed the Council:

That the Criminal Appeal (Amendment) Rules 1996, made by the Criminal Procedure Rules Committee on 10 July 1996, be approved.

Question on the motion proposed, put and agreed to.

Hong Kong Academy of Medicine Ordinance

The Secretary for Health and Welfare moved the following motion and addressed the Council:

That the Hong Kong Academy of Medicine (Amendment) Regulation 1996, made by the Hong Kong Academy of Medicine on 13 June 1996, be approved.

Question on the motion proposed, put and agreed to.

Government Bills

First Reading

Arbitration (Amendment) Bill 1996

The Hong Kong Institute of Education (Amendment) Bill 1996

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

Arbitration (Amendment) Bill 1996

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.

The Hong Kong Institute of Education (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.

Immigration (Amendment) (No.2) Bill 1996

Resumption of debate on Second Reading which had been moved on 29 May 1996.

Four 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.

Committee Stage

The Council went into Committee and considered the Immigration (Amendment) (No.2) Bill 1996.

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

Question on clauses 1, 2 and 3 put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Security reported that

the Immigration (Amendment) (No.2) Bill 1996

had passed through Committee without 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.

Members' Motions

Interpretation and General Clauses Ordinance

Mr Ronald ARCULLI moved the following motion and addressed the Council:

That in relation to the -

(a) Mental Health (Amendment) Regulation 1996 published as Legal Notice No.298 of 1996 and

(b) Prison (Amendment) Rules 1996 published as Legal Notice No.300 of 1996,

and laid on the table of the Legislative Council on 10 July 1996, the period referred to in section 34(3) of the Interpretation and General Clauses Ordinance for amending subsidiary legislation be extended under section 34(4) of that Ordinance until 16 October 1996.

Question on the motion proposed, put and agreed to.

Review and prospects of the manpower resources training system in Hong Kong

Miss CHAN Yuen-han moved the following motion and addressed the Council:

In view of the unemployment of a large number of workers brought about by Hong Kong's economic restructuring and of the difficulty faced by workers, especially those from the manufacturing industry, in finding jobs or switching to another occupation, this Council urges the Government to:

  1. thoroughly review Hong Kong's long-term overall manpower resources training policy and to lay down its principles and approach in this regard, with a view to enhancing the competitiveness of the afore-mentioned workers in the job market;
  2. set up a statutory Employment Committee, consisting of employees, employers, government officials and professionals, for co-ordinating the work of the relevant government departments in implementing the recommendations of the above review; and
  3. review the work of the Employees Retraining Board to ensure that its services are focused on the provision of skills to facilitate change of occupation, and provide the Board with sufficient and steady funds.

Question on the motion proposed.

Nine Members spoke on the motion.

At 5:40 pm, the President's Deputy took the chair during the temporary absence of the President.

Another five Members and the Secretary for Education and Manpower spoke on the motion.

At 6:20 pm, the President resumed the chair.

Miss CHAN Yuen-han replied.

Question on the motion put and agreed to.

Disparity of wealth in Hong Kong

Mr K K FUNG moved the following motion and addressed the Council:

That, in view of the increasing serious polarization between the rich and the poor in the territory's economic development process, resulting in a lot of people (especially the impoverished elderly, new immigrants and the recipients of public assistance) still having to live from hand to mouth in long-standing dire straits in an affluent society such as Hong Kong, this Council expresses deep regret that Government has been turning a blind eye to these people's plight and, in this 'the International Year for the Eradication of Poverty', urges the Government to take prompt action to help the poor in the territory to 'get rid of poverty', conduct a comprehensive study on the causes and the extent of the financial disparity between the rich and the poor in the territory; and formulate corresponding social and economic policies with a view to alleviating the problem.

Question on Mr K K FUNG's motion proposed. The President stated that Mr LEE Cheuk-yan 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 LEE Cheuk-yan moved the following amendment to Mr K K FUNG's motion and addressed the Council:

To insert the following after " 'get rid of poverty'," and before "conduct a comprehensive study":

"including :

  1. introducing the Old Age Pension Scheme and increasing the Comprehensive Social Security Assistance payment for the elderly to $2,700;
  2. improving the vetting method of student financial assistance schemes so that more impoverished families can obtain reasonable subsidy;
  3. introducing a contributory Unemployment Assistance Scheme;
  4. taking active and effective measures to tackle the problem of unemployment, such as allocating funds to subvented organizations to assist them in setting up employment mutual aid groups;
  5. providing career training and counselling for new immigrants, as well as day-time education opportunities for young immigrants aged between 16 and 18;
  6. increasing the rates of Disability Allowance and Disability Supplement, as well as actively promoting the employment opportunities for the disabled; and
  7. restricting the rental increase of public housing to a level below that of inflation and offering assistance to households in hardship, as well as expediting public housing production and significantly increasing the number of public housing units produced;"

Question on Mr LEE Cheuk-yan's amendment to Mr K K FUNG's motion proposed.

14 Members and the Secretary for Financial Services spoke on the motion and the amendment.

Mr K K FUNG spoke on the amendment.

The Secretary for Health and Welfare spoke on the motion and the amendment.

Question on Mr LEE Cheuk-yan's amendment to Mr K K FUNG's motion put and negatived.

Mr K K FUNG replied.

Question on Mr K K FUNG's original motion put.

Mr K K FUNG claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 40 votes for the motion and six votes against it. (Voting record in the Appendix.) He declared that Mr K K FUNG's original motion was carried.

Members' Bills

First Reading

University of Hong Kong (Amendment) Bill 1996

Public Order (Amendment) Bill 1996

The Orthodox Metropolitanate of Hong Kong and South East Asia 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

University of Hong Kong (Amendment) Bill 1996

Dr David 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.

Public Order (Amendment) Bill 1996

Mr James TO 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 Orthodox Metropolitanate of Hong Kong and South East Asia 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.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 16 October 1996.

Adjourned accordingly at nine o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong


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