LegCo Paper No. CB(3) 121/96-97

THE LEGISLATIVE COUNCIL
MINUTES
No. 4 of 1996-97
Minutes of the sitting held on Wednesday 23 October 1996 at 2:30 pm

Members present:

    President -- The Honourable Andrew WONG Wang-fat, OBE, 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 Michael HO Mun-ka
    Dr the Honourable HUANG Chen-ya, MBE
    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
    Dr the Honourable Samuel WONG Ping-wai, MBE, FEng, JP
    Dr the Honourable Philip WONG Yu-hong
    Dr the Honourable YEUNG Sum
    The Honourable Zachary WONG Wai-yin
    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 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 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 Lawrence YUM Sin-ling

Members absent:

    The Honourable Allen LEE Peng-fei, CBE, JP
    The Honourable Frederick FUNG Kin-kee
    The Honourable Emily LAU Wai-hing
    The Honourable James TO Kun-sun
    The Honourable Howard YOUNG, JP
    The Honourable Christine LOH Kung-wai
    The Honourable Andrew CHENG Kar-foo
    The Honourable Paul CHENG Ming-fun
    The Honourable LAU Chin-shek
    The Honourable Margaret NG
    The Honourable Mrs Elizabeth WONG CHIEN Chi-lien, CBE, ISO, JP

Public officers attending:

The Honourable Mrs Anson CHAN, CBE, JP
The Chief Secretary
The Honourable Donald TSANG Yam-kuen, OBE, 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
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 Joseph WONG Wing-ping, JP
Secretary for Education and Manpower
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
Mrs Carrie YAU TSANG Ka-lai, JP
Secretary for Security

Clerks in attendance:

Mr Ricky FUNG Choi-cheung
Secretary General
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. Prison (Amendment) (No.2) Rules 1996

417/96

2. Merchant Shipping (Safety) (Gas Carriers) (Amendment) Regulation 1996

420/96

3. Air Pollution Control (Specified Processes) (Removal of Exemption) Order 1996

421/96

4. Import and Export (General) Regulations (Amendment of Fourth Schedule) Order 1996

422/96

5. Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No.3) Order 1996

423/96

6. Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No.6) Order 1996

424/96

7. Public Swimming Pools (Designation) (No.2) Order 1996

425/96

8. Official Languages (Translation) Rules

426/96

9. Declaration of Change of Title (Commissioner for Recreation and Culture) Notice 1996

427/96

10. Rabies Regulation (Amendment of Schedule 1) Notice 1996

428/96

11. Tate's Cairn Tunnel Ordinance (Amendment of Schedule) Notice 1996

429/96

12. Declaration of Markets in the Urban Council Area (Amendment) (No.3) Declaration 1996

430/96

13. Companies (Amendment) Ordinance 1995 (83 of 1995) (Commencement) Notice 1996

431/96

14. Criminal Procedure (Amendment) Ordinance 1996 (37 of 1996) (Commencement) (No.2) Notice 1996

432/96

15. Mental Health (Amendment) Ordinance 1996 (38 of 1996) (Commencement) Notice 1996

433/96

16. Nurses Registration (Amendment) Ordinance 1996 (47 of 1996) (Commencement) Notice 1996

434/96

17. Official Languages (Authentic Chinese Text) (The Hong Kong Polytechnic University Ordinance) Order

(C) 99/96

18. Official Languages (Authentic Chinese Text) (Munsang College Incorporation Ordinance) Order

(C) 100/96

19. Official Languages (Authentic Chinese Text) (Vocational Training Council Ordinance) Order

(C) 101/96

20. Official Languages (Authentic Chinese Text) (The Hong Kong University of Science and Technology Ordinance) Order

(C)102/96

21. Official Languages (Authentic Chinese Text) (Hong Kong Baptist University Ordinance) Order

(C) 103/96

22. Official Languages (Authentic Chinese Text) (City University of Hong Kong Ordinance) Order

(C) 104/96

23. Official Languages (Authentic Chinese Text) (The Hong Kong Academy for Performing Arts Ordinance) Order

(C) 105/96

Sessional Papers 1996-97

No. 17 - Report of changes to the approved Estimates of Expenditure approved during the first quarter of 1996-97 Public Finance Ordinance : Section 8

No. 18 - Land Development Corporation Annual Report 1995-1996

No. 19 - The Land Registry Trading Fund Hong Kong Annual Report 1995-96

No. 20 - Office of the Telecommunications Authority Trading Fund Report for the period 1 June 1995 to 31 March 1996

No. 21 - Hong Kong Post Office Annual Report 1 April 1995 to 31 March 1996

Addresses

The Secretary for Economic Services presented the "Office of the Telecommunications Authority Trading Fund Report for the period 1 June 1995 to 31 March 1996" and the "Hong Kong Post Office Annual Report 1 April 1995 to 31 March 1996" and addressed the Council.

Questions

Written replies to Questions 1 to 20 were tabled for Members’ information.

Government Motions

Ozone Layer Protection Ordinance

The Secretary for Planning, Environment and Lands moved the following motion and addressed the Council:

That the Ozone Layer Protection (Products Containing Scheduled Substances) (Import Banning) (Amendment) Regulation 1996, made by the Governor in Council on 24 September 1996, be approved.

Question on the motion proposed.

A Member spoke on the motion.

The Secretary for Planning, Environment and Lands replied.

Question on the motion put and agreed to.

Government Bills

First Reading

Discovery Bay Tunnel Link Bill

Occupational Deafness (Compensation) (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

Discovery Bay Tunnel Link Bill

The Secretary for Transport 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.

Occupational Deafness (Compensation) (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.

Employment (Amendment) (No.3) Bill 1996

Resumption of debate on Second Reading which had been moved on 10 July 1996.

Two 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.

Noise Control (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 8 May 1996.

Question on Second Reading put and agreed to.

Bill read the second time and committed to a Committee of the whole Council.

Telecommunication (Amendment) Bill 1996

Resumption of debate on Second Reading which had been moved on 22 May 1996.

Two Members spoke on the motion.

The Secretary for Economic Services 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 following Bills:

Employment (Amendment) (No.3) Bill 1996

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

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

Noise Control (Amendment) Bill 1996

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

Question on clauses 1, 2, 4 and 5 put and agreed to.

The Secretary for Planning, Environment and Lands 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.

Telecommunication (Amendment) Bill 1996

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

Question on clauses 1 and 2 put and agreed to.

The Secretary for Economic Services 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.

The Council then resumed.

Third Reading

The Secretary for Education and Manpower reported that the Employment (Amendment) (No.3) 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.

The Secretary for Planning, Environment and Lands reported that the Noise Control (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.

The Secretary for Economic Services reported that the Telecommunication (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

Appointment of select committee

Mr IP Kwok-him moved the following motion and addressed the Council:

That a select committee be appointed to inquire into the circumstances surrounding the departure of Mr LEUNG Ming-yin, former Director of Immigration, from the Government and related issues; and that in the performance of its duties the committee be authorised under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap.382) to exercise the powers conferred by section 9(1) of that Ordinance.

Question on the motion proposed.

Three Members and the Secretary for the Civil Service spoke on the motion.

Mr IP Kwok-him replied.

Question on the motion put and agreed to.

Motion of Thanks

The President stated that the Council had at its last sitting voted in favour of an amendment to the Motion. He then read out the amended Motion:

That this Council thanks the Governor for his address, but since the British Government has all along been adopting colonial governance as well as refusing to pursue full democratization in the territory, thereby unreasonably depriving the people of Hong Kong of their democratic rights, this Council expresses deep regret.

The Chief Secretary and the Secretary for Constitutional Affairs spoke on the amended motion.

At 4:01 pm, the President’s Deputy took the chair during the temporary absence of the President

The Secretary for Housing, the Secretary for Health and Welfare, the Secretary for Security, the Secretary for Transport and the Secretary for Planning, Environment and Lands spoke on the amended motion.

At 5:05 pm, the President resumed the chair.

The Secretary for Broadcasting, Culture and Sport, the Secretary for Education and Manpower, the Secretary for Home Affairs and the Financial Secretary spoke on the amended motion.

Dr C H LEONG replied.

Question on the amended 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 Council to divide under Standing Order No. 36(4).

The President announced that there were 22 votes for the amended motion and 23 votes against it. (Voting record in the Appendix.) He declared that the 'Motion of Thanks' moved by Dr C H LEONG as amended by Mr LEE Cheuk-yan was negatived.

Members' Bills

First Reading

Employment (Amendment) (No.4) Bill 1996

The Bill was 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.4) Bill 1996

Mr LEUNG Yiu-chung 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.

University of Hong Kong (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.

The Orthodox Metropolitanate of Hong Kong and South East Asia Bill

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 following Bills:

University of Hong Kong (Amendment) 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 Orthodox Metropolitanate of Hong Kong and South East Asia Bill

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

Question on clauses 1 to 13 put and agreed to.

Third Reading

Dr David LI reported that the University of Hong Kong (Amendment) 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.

Mr Eric LI reported that The Orthodox Metropolitanate of Hong Kong and South East Asia Bill 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.

Next sitting

In accordance with Standing Orders, the President adjourned the Council until Wednesday 30 October 1996.

Adjourned accordingly at fifteen minutes to seven o’clock.

(Andrew WONG)
President
Council Chamber
Hong Kong

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