Subsidiary Legislation	L.N. NO.
1. Sex Discrimination (Formal Investigations) Rules	472/96
2. Sex Discrimination (Investigation and Conciliation) Rules	473/96
3. Disability Discrimination (Formal Investigations) Rules	474/96
4. Disability Discrimination (Investigation and Conciliation) Rules	475/96
5. Pay Classification (Royal Hong Kong Auxiliary Air Force) Assignment (Repeal) Notice 1996	476/96
6. Pay Classification (Auxiliary Section of Government Flying Service) Assignment Notice	477/96
7. Statutes of the Chinese University of Hong Kong (Amendment) (No.3) Statutes 1996	478/96
8. Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) (Amendment) Regulation 1996	479/96
9. Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built on or after 1 September 1984) (Amendment) Regulation 1996	480/96
10. Official Languages (Alteration of Text under Section 4D) (No.2) Order 1996	481/96
11. Copyright (Border Measures) Rules	482/96
12. Trade Mark (Border Measures) Rules	483/96
13. Official Languages (Authentic Chinese Text) (Surviving Spouses' and Children's Pensions Ordinance) Order	(C) 116/96
14. Official Languages (Authentic Chinese Text) (Land Acquisition (Possessory Title) Ordinance) Order	(C) 117/96
15. Official Languages (Authentic Chinese Text) (Widows and Orphans Pension (Increase) Ordinance) Order	(C) 119/96
16. Official Languages (Authentic Chinese Text) (Widows and Orphans Pension (Exemption) (Consolidation) Ordinance) Order	(C) 119/96
17. Official Languages (Authentic Chinese Text) (Land Transactions (Enemy Occupation) Ordinance) Order	(C) 120/96
18. Official Languages (Authentic Chinese Text) (Widows and Orphans Pension Ordinance) Order	(C) 121/96

Sessional Papers 1996-97

No. 35 - Hong Kong Productivity Council Annual Report 1995/96

No. 36 - The Hong Kong Industrial Estates Corporation Annual Report 1995-1996

No. 37 - Hong Kong Industrial Technology Centre Corporation Annual Report 1995/96

Miscellaneous

Code of Practice on Employment under the Sex Discrimination Ordinance

Code of Practice on Employment under the Disability Discrimination Ordinance

Announcement

The President announced that, after Mr Allen LEE had delivered his speech on Mr LEE Cheuk-yan's motion on "Election platforms of the SAR Chief Executive candidates" at the last sitting, he had undertaken to make a ruling, at this sitting, as to whether or not the use of the term 'putting a label on' by Mr Allen LEE was proper.

The President stated that the term 'putting a label on' seemed of late to have become of rather common usage. He had looked into the Hansard of the sittings of the Council since the beginning of the LegCo term in October 1995. The term had been used at at least eight sittings of the Council including the last sitting. On five of those occasions, the term was used to refer directly Members of the Council. The President said that, having regard to his previous rulings on 27 March 1996 and on 3 April 1996, he was of the opinion that the use of the term by Mr Allen LEE at the last sitting did not involve offence or insult and was therefore in order.

Questions

1. Mrs Selina CHOW asked Question 1.

The Secretary for Security replied.

Five Members asked supplementaries and the Secretary for Security replied.

2. Mr LEE Cheuk-yan asked Question 2.

The Secretary for Health and Welfare replied.

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

3. Mr MOK Ying-fan asked Question 3.

The Secretary for Broadcasting, Culture and Sport replied.

Four Members asked supplementaries and the Secretary for Broadcasting, Culture and Sport replied.

4. Mr CHAN Wing-chan asked Question 4.

The Secretary for Housing replied.

Four Members asked supplementaries and the Secretary for Housing replied.

5. Mr CHOY Kan-pui asked Question 5.

The Secretary for Transport replied.

Two Members asked supplementaries and the Secretary for Transport replied.

6. Dr Samuel WONG asked Question 6.

The Secretary for Transport replied.

Four Members asked supplementaries and the Secretary for Transport replied.

Written replies to Questions 7 to 15 and 17 to 19 were tabled for Members information.

Government Bills

First Reading

Fraud Bill

District Court (Amendment) Bill 1996

Submarine Telegraph 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

Fraud Bill

District Court (Amendment) Bill 1996

The Attorney General 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.

Submarine Telegraph 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.

The Hong Kong Institute of Education (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 9 October 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 Hong Kong Institute of Education (Amendment) Bill 1996.

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

Question on clauses 1 to 9 and 11 put and agreed to.

The Secretary for Education and Manpower moved an amendment to clause 10 and addressed the Committee.

Question on the amendment proposed, put and agreed to.

Question that clause 10, as amended, stand part of the Bill put and agreed to.

The Council then resumed.

Third Reading

The Secretary for Education and Manpower reported that

The Hong Kong Institute of Education (Amendment) Bill 1996

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.

Members' Motions

Legislative Council (Powers and Privileges) Ordinance

Mr IP Kwok-him moved the motion in Appendix I and addressed the Council.

Question on the motion proposed, put and agreed to.

The President stated that he had informed Members earlier that he would make a more detailed announcement at the sitting concerning his ruling that Miss Emily LAU's notice of her proposed motion on "Election of the Chief Executive of the Hong Kong Special Administrative Region" should be returned to her.

The President said that he had directed on 7 November 1996 that Miss Emily LAU's motion be printed in the Order Paper in the terms in which it was handed in and Members were notified of the proposed motion on 8 November 1996. On 12 November 1996, he ruled that Mr SZETO Wah's Bill entitled the Prevention of Corrupt and Illegal Practices at the Election of the Chief Executive of the Hong Kong Special Administrative Region Bill had no charging effect within the meaning of Standing Order No. 23 and ordered that arrangements be made for it to be published in the Gazette on 15 November 1996. Mr SZETO also gave notice to introduce the Bill at this sitting.

The President explained that, subsequently, after he had studied the details in Mr SZETO's Bill and the related Legislative Council Brief Mr SZETO issued to Members, he came to the conclusion that both Miss LAU's proposed motion and the Bill referred in essence to the same matter - that clear regulations had not been made to supervise the process of selecting the Chief Executive and that the guidelines issued to the Selection Committee were not adequate. Having regard to the rule of anticipation set out in Erskine May (p.327-8, 21st Edition), which stated that "a matter already appointed for consideration cannot be anticipated by a motion", "a matter must not be anticipated if it is contained in a more effective form of proceeding", and "A bill is more effective than a motion", the President was of the view that even though the notice of a motion had been given earlier than that of a bill, the consideration of the bill took precedence under the rule of anticipation. The President therefore ruled that Miss Emily LAU could not proceed with her proposed motion as it anticipated Mr SZETO's Bill which had been appointed for consideration by the Council. As Miss LAU's motion could not be moved, Mr David CHU's proposed amendment could not proceed either.

Garrison law

Dr CHEUNG Bing-leung moved the following motion and addressed the Council:

That this Council urges the Chinese Government to explain and consult the people of Hong Kong as soon as possible on the draft law governing the garrison in the Hong Kong Special Administrative Region (SAR); and to listen to the views of the Hong Kong people on the jurisdiction of the courts over the garrison stationed in Hong Kong and revise the draft law to the effect that any contravention of the laws of the SAR by the garrison and related members, irrespective of whether they are on duty or not, shall be tried by the courts in Hong Kong, so as to ensure that the law governing the garrison is in line with Article 14 of the Basic Law which provides that members of the garrison shall abide by the laws of the SAR.

Question on Dr CHEUNG Bing-leung's motion proposed. The President stated that Mr IP Kwok-him and Mr LEUNG Yiu-chung had separately given notices to move amendments to the motion. He further proposed that the motion and the two proposed amendments be debated together in a joint debate. There being no dissenting voice, the President ordered that the motion and the two proposed amendments be debated together in a joint debate.

Mr IP Kwok-him and Mr LEUNG Yiu-chung addressed the Council on the motion and their proposed amendments respectively.

A Member spoke on the motion and the amendments.

At 5:00 pm, the President's Deputy took the chair during the temporary absence of the President.

Another six Members spoke on the motion and the amendments.

At 5:40 pm, the President resumed the chair.

A further Member spoke on the motion and the amendments.

Dr CHEUNG Bing-leung spoke on the amendments.

The Secretary for Security spoke on the motion and the amendments.

Mr IP Kwok-him moved the following amendment to Dr CHEUNG Bing-leung's motion:

To insert ", as the draft law governing the garrison in the Hong Kong Special Administrative Region (SAR) recently announced by the Chinese government helps to dispel the misgivings of the people in Hong Kong about arrangements regarding the stationing of armed forces in the territory in the future," after "That"; and to delete "Chinese government to explain and consult the people of Hong Kong as soon as possible on the draft law governing the garrison in the Hong Kong Special Administrative Region (SAR); and to listen to the views of the Hong Kong people on the jurisdiction of the courts over the garrison stationed in Hong Kong and revise the draft law to the effect that any contravention of the laws of the SAR by the garrison and related members, irrespective of whether they are on-duty or not, shall be tried by the courts in Hong Kong, so as to ensure that the law governing the garrison is in line with Article 14 of the Basic Law which provides that members of the garrison shall abide by the laws of the SAR" and substitute with "people of Hong Kong to actively put forward their views on the provisions of the draft law so that the law governing the garrison in the SAR will be better formulated".

Question on Mr IP Kwok-him's amendment to Dr CHEUNG Bing-leung's motion proposed and put. The President stated that he thought the amendment had been negatived.

Mr IP Kwok-him and Dr CHEUNG Bing-leung claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 26 votes for the amendment and 27 votes against it. (Voting record in Appendix II.) He declared that Mr IP Kwok-him's amendment to Dr CHEUNG Bing-leung's motion was negatived.

Mr LEUNG Yiu-chung moved the following amendment to Dr CHEUNG Bing-leung's motion:

To insert ", and that troops of the People's Liberation Army stationed in the territory shall obtain the consent of the SAR government before carrying out any other duties except those related to defence and foreign affairs" after "the laws of the SAR".

Question on Mr LEUNG Yiu-chung's amendment to Dr CHEUNG Bing-leung's motion proposed and put. The President stated that he thought the amendment had been agreed.

Mr LEUNG Yiu-chung and Mr CHAN Kam-lam claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 23 votes for the amendment and 30 votes against it. (Voting record in Appendix III.) He declared that Mr LEUNG Yiu-chung's amendment to Dr CHEUNG Bing-leung's motion was negatived.

Dr CHEUNG Bing-leung replied.

Question on Dr CHEUNG Bing-leung's original motion put. Mr TSANG Kin-shing claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 27 votes for the motion and 26 votes against it. (Voting record in Appendix IV.) He declared that Dr CHEUNG Bing-leung's original motion was carried.

Members' Bills

First Reading

Landscape Architects Registration Bill

Prevention of Corrupt and Illegal Practices at the Election of the First Chief Executive of the Hong Kong Special Administrative Region 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

Landscape Architects Registration Bill

Mr Edward HO 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.

Prevention of Corrupt and Illegal Practices at the Election of the First Chief Executive of the Hong Kong Special Administrative Region Bill

Mr SZETO Wah moved the Second Reading and addressed the Council.

Mr SZETO Wah further moved the following motion under Standing Order No. 42(3A):

That the Second Reading debate on the Bill should not be adjourned and that the debate should proceed forthwith.

Question on the Second Reading proposed.

Question on Mr SZETO Wah's motion that the Second Reading debate on the Bill should not be adjourned was proposed.

Two Members spoke on Mr SZETO's motion.

Mr SZETO Wah replied.

Question on Mr SZETO Wah's motion put. The President stated that he thought the motion had been carried.

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

The President announced that there were 33 votes for the motion and one vote against it. (Voting record in Appendix V.) He declared that the motion was carried.

The President further declared that as the motion moved by Mr SZETO Wah under Standing Order No. 42(3A) was carried, the Council would proceed with the Second Reading debate on the Bill forthwith.

14 Members and the Secretary for Constitutional Affairs spoke on the motion that the Bill be read the second time.

Mr SZETO Wah replied.

Question on Second Reading put. Mr TSANG Kin-shing claimed a division. The President then ordered the Council to divide under Standing Order No. 36(4).

The President announced that there were 23 votes for the motion and 30 votes against it. (Voting record in Appendix VI.) He declared that the motion that the Bill be read the second time was negatived and stated that no further proceedings would be taken on the Bill.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Thursday, 21 November 1996.

Adjourned accordingly at eight oclock.

(Andrew WONG)
President
Council Chamber
Hong Kong

Last Updated on {{PUBLISH AUTO[[DATE("d mmm, yyyy")]]}}

THE LEGISLATIVE COUNCIL

MINUTES No. 8 of 1996-97 Minutes of the sitting held on Wednesday 20 November 1996 at 2:30 pm

Papers

Sessional Papers 1996-97

Miscellaneous

Announcement

Questions

Government Bills

First Reading

Fraud Bill

District Court (Amendment) Bill 1996

Submarine Telegraph Bill

Second Reading

Fraud Bill

District Court (Amendment) Bill 1996

Submarine Telegraph Bill

The Hong Kong Institute of Education (Amendment) Bill 1996

Committee Stage

Third Reading

Members' Motions

Legislative Council (Powers and Privileges) Ordinance

Garrison law

Members' Bills

First Reading

Landscape Architects Registration Bill

Prevention of Corrupt and Illegal Practices at the Election of the First Chief Executive of the Hong Kong Special Administrative Region Bill

Second Reading

Landscape Architects Registration Bill

Prevention of Corrupt and Illegal Practices at the Election of the First Chief Executive of the Hong Kong Special Administrative Region Bill

Next sitting

MINUTES
No. 8 of 1996-97
Minutes of the sitting held on Wednesday 20 November 1996 at 2:30 pm