Provisional Legislative Council
PLC Paper No. CB(3) 746
Minutes of the meeting held on Wednesday
4 March 1998 at 2:30 pm
Members present:
President
The Hon Mrs Rita FAN, JP
The Hon WONG Siu-yee
The Hon David CHU Yu-lin
The Hon Edward HO Sing-tin, JP
Dr Hon Raymond HO Chung-tai, JP
The Hon NG Leung-sing
The Hon Eric LI Ka-cheung, JP
Dr Hon David LI Kwok-po, JP
The Hon LEE Kai-ming
The Hon Mrs Elsie TU, GBM
The Hon Mrs Selina CHOW, JP
The Hon Henry WU
The Hon Henry TANG Ying-yen, JP
The Hon Ronald ARCULLI, JP
The Hon MA Fung-kwok
Dr Hon Mrs TSO WONG Man-yin
The Hon LEUNG Chun-ying, JP
Dr Hon LEONG Che-hung, JP
The Hon Mrs Sophie LEUNG LAU Yau-fun, JP
The Hon MOK Ying-fan
The Hon HUI Yin-fat, JP
The Hon CHAN Choi-hi
The Hon CHAN Yuen-han
The Hon CHAN Wing-chan
The Hon CHAN Kam-lam
The Hon CHENG Kai-nam
The Hon Frederick FUNG Kin-kee
The Hon Andrew WONG Wang-fat, JP
The Hon Kennedy WONG Ying-ho
The Hon Howard YOUNG, JP
The Hon IP Kwok-him
The Hon CHIM Pui-chung
The Hon Bruce LIU Sing-lee
The Hon LAU Kong-wah
The Hon Mrs Miriam LAU Kin-yee, JP
The Hon CHOY Kan-pui, JP
The Hon Paul CHENG Ming-fun, JP
Dr Hon TANG Siu-tong, JP
The Hon NGAN Kam-chuen
The Hon TAM Yiu-chung, JP
The Hon CHOY So-yuk
Members absent:
The Hon James TIEN Pei-chun, JP
The Hon HO Sai-chu, JP
Prof Hon NG Ching-fai
The Hon Allen LEE, JP
The Hon Mrs Peggy LAM, JP
The Hon NGAI Shiu-kit, JP
The Hon YUEN Mo
The Hon CHEUNG Hon-chung
The Hon TSANG Yok-sing
Dr Hon Philip WONG Yu-hong
Dr Hon Charles YEUNG Chun-kam
The Hon YEUNG Yiu-chung
The Hon LAU Wong-fat, JP
The Hon Ambrose LAU Hon-chuen, JP
The Hon CHENG Yiu-tong
The Hon Timothy FOK Tsun-ting
The Hon KAN Fook-yee
The Hon LO Suk-ching
Dr Hon LAW Cheung-kwok
Public officers attending:
- The Honourable Donald TSANG Yam-kuen, JP
- The Financial Secretary
- The Honourable Elsie LEUNG Oi-sie, JP
- The Secretary for Justice
- Mr Nicholas NG Wing-fui, JP
- Secretary for Transport
- Mrs Katherine FOK LO Shiu-ching, JP
- Secretary for Health and Welfare
- Mr Rafael HUI Si-yan, JP
- Secretary for Financial Services
- 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
- Mr Stephen IP Shu-kwan, JP
- Secretary for Economic Services
Clerks in attendance:- Mr Ricky FUNG Choi-cheung, JP,
- Secretary General
- Mr LAW Kam-sang, JP,
- 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 Rule 21(2) of the Rules of Procedure:
| Subsidiary Legislation | L.N. No.
|
|---|
| 1. Prevention of Bribery Ordinance (Amendment of Schedule) Order 1998
| 125/98
|
| 2. Specification of Arrangements (Arrangements with the Mainland of China for the Avoidance of Double Taxation on Income) Order
| 126/98
|
| 3. Shipping and Port Control (Hong Kong China and Macau Ferry Terminals) (Amendment) Regulation 1998
| 148/98
|
| 4. Companies Ordinance (Amendment of Eighth Schedule) Order 1998
| 149/98
|
| 5. Official Languages (Alteration of Text under section 4D) Order 1998
| 150/98
|
| 6. Public Revenue Protection (Hotel Accommodation Tax) Order 1998
| 151/98
|
| 7. Public Revenue Protection (Estate Duty) Order 1998
| 152/98
|
| 8. Public Revenue Protection (Rating) Order 1998
| 153/98
|
| 9. Public Revenue Protection (Stamp Duty) Order 1998
| 154/98
|
| 10. Rectification of Error (No.2) Order 1998
| 155/98
|
| 11. Tax Reserve Certificates (Rate of Interest) Notice 1998
| 156/98
|
| 12. Fugitive Offenders (United Kingdom) Order (L.N. 595 of 1997) (Commencement) Notice 1998
| 157/98
|
| 13. Bankruptcy (Amendment) Ordinance 1996 (76 of 1996) (Commencement) Notice 1998
| 158/98
|
| 14. Bankruptcy (Amendment) Rules 1998 (L.N. 77 of 1998) (Commencement) Notice 1998
| 159/98
|
| 15. Meetings of Creditors (Repeal) Rules 1998 (L.N. 79 of 1998) (Commencement) Notice 1998
| 160/98
|
| 16. Bankruptcy (Forms) (Amendment) Rules 1998 (L.N. 81 of 1998) (Commencement) Notice 1998
| 161/98
|
| 17. Bankruptcy (Fees and Percentages) (Amendment) Order 1998 (L.N. 83 of 1998) (Commencement)Notice 1998
| 162/98
|
| 18. Proof of Debts (Amendment) Rules 1998 (L.N. 85 of 1998) (Commencement) Notice 1998
| 163/98
|
| 19. Law Reform (Miscellaneous Provisions and Minor Amendments) Ordinance 1997 (80 of 1997) (Commencement) Notice 1998
| 164/98
|
| 20. Public Health (Animals and Birds) (Amendment) (No.2) Regulation 1998
| 165/98
|
| No.88- | Traffic Accident Victims Assistance Fund
Annual Report by the Director of Social Welfare Incorporated for the year from 1 April 1996 to 31 March 1997
|
| No.89- | Hospital Authority
Annual Report 1996-1997 with Statement of Accounts and Auditor's Report
|
| No.90- | Statement of Accounts of the Samaritan Fund together with the Director of Audit's Report for the year ended 31 March 1997
|
Report
Mr Howard YOUNG, Chairman of the Bills Committee on the Immigration (Amendment) Bill 1998, presented the Committee's report and addressed the Council.
Dr Mrs TSO WONG Man-yin, Chairman of the Bills Committee on the Protection of the Harbour (Amendment) Bill 1997, presented the Committee's report and addressed the Council.
Questions
1. Dr Mrs TSO WONG Man-yin asked Question 1.
The Secretary for Health and Welfare replied.
Six Members asked supplementaries and the Secretary for Health and Welfare replied.
2. Mr Kennedy WONG asked Question 2.
The Secretary for Financial Services replied.
Five Members asked supplementaries and the Secretary for Financial Services replied.
3. Mr LAU Kong-wah asked Question 3.
The Secretary for Financial Services replied.
Six Members asked supplementaries and the Secretary for Financial Services replied.
4. Mr NG Leung-sing asked Question 4.
The Secretary for Economic Services replied.
Seven Members asked supplementaries and the Secretary for Economic Services replied.
Written replies to Questions 5 to 14 were tabled for Members information.
Bills
First Reading
Inland Revenue (Amendment) Bill 1998
Inland Revenue (Amendment) (No.2) Bill 1998
Stamp Duty (Amendment) Bill 1998
Stamp Duty (Amendment) (No.2) Bill 1998
Estate Duty (Amendment) Bill 1998
Dutiable Commodities (Amendment) Bill 1998
Air Passenger Departure Tax (Amendment) Bill 1998
The Bills were read the first time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.
Second Reading
Inland Revenue (Amendment) Bill 1998
Inland Revenue (Amendment) (No.2) Bill 1998
Stamp Duty (Amendment) Bill 1998
Stamp Duty (Amendment) (No.2) Bill 1998
Estate Duty (Amendment) Bill 1998
Dutiable Commodities (Amendment) Bill 1998
Air Passenger Departure Tax (Amendment) Bill 1998
The Secretary for the Treasury moved the Second Reading and addressed the Council on each of the seven Bills.
Question on the Second Reading proposed. The President stated that in accordance with Rule 54(4) of the Rules of Procedure, the debates on the Bills were adjourned and the Bills were referred to the House Committee.
Road Traffic (Validation of Collection of Fees) Bill
The debate on the Second Reading which had been moved on 11 February 1998 resumed.
Question on the Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Immigration (Amendment) Bill 1998
The debate on the Second Reading which had been moved on 14 January 1998 resumed.
Two Members spoke on the motion.
The Secretary for Security replied.
Question on the Second Reading put and agreed to.
Bill read the second time and committed to a Committee of the whole Council.
Protection of the Harbour (Amendment) Bill 1997
The debate on the Second Reading which had been moved on 17 December 1997 resumed.
A Member spoke on the motion.
The Secretary for Planning, Environment and Lands replied.
Question on the 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:
Road Traffic (Validation of Collection of Fees) Bill
Question that clauses 1, 2 and 3 stand part of the Bill proposed, put and agreed to.
Question that the schedule stand part of the Bill proposed, put and agreed to.
Immigration (Amendment) Bill 1998
Question that clauses 1 and 4 stand part of the Bill proposed, put and agreed to.
Question that clauses 2 and 3 stand part of the Bill proposed.
The Secretary for Security moved amendments to clauses 2 and 3 and addressed the Committee.
Question on the amendments put and agreed to.
Question that clauses 2 and 3, as amended, stand part of the Bill proposed, put and agreed to.
Protection of the Harbour (Amendment) Bill 1997
Question that clauses 1, 2 and 4 stand part of the Bill proposed, put and agreed to.
Question that clause 3 stand part of the Bill proposed.
The Secretary for Planning, Environment and Lands moved an amendment to clause 3 and addressed the Committee.
A Member spoke on the amendment.
Question on the amendment put and agreed to.
Question that clause 3, as amended, stand part of the Bill proposed, put and agreed to.
The Council then resumed.
Third Reading
The Secretary for Transport reported that
the Road Traffic (Validation of Collection of Fees) 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.
The Secretary for Security reported that
the Immigration (Amendment) Bill 1998
had passed through Committee with amendments. 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 Protection of the Harbour (Amendment) Bill 1997
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.
Motions
Public Finance Ordinance
The Secretary for the Treasury moved the motion in the Appendix and addressed the Council.
Question on the motion proposed, put and agreed to.
Members' Motions
Interpretation and General Clauses Ordinance
Mr Ronald ARCULLI moved the following motion and addressed the Council:
That in relation to the Lifts and Escalators (Safety) (Fees) (Amendment) Regulation 1998, published as Legal Notice No. 64 of 1998, and laid on the table of the Provisional Legislative Council on 11 February 1998, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 18 March 1998.
Question on the motion proposed, put and agreed to.
Interpretation and General Clauses Ordinance
Mr NG Leung-sing moved the following motion and addressed the Council:
That in relation to the -
- Telecommunication (Amendment) Regulation 1998, published as Legal Notice No.52 of 1998; and
- Telephone (Repeal) Regulation 1998, published as Legal Notice No.66 of 1998,
and laid on the table of the Provisional Legislative Council on 11 February 1998, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 18 March 1998.
Question on the motion proposed.
The Secretary for Economic Services spoke on the motion.
Question on the motion put and agreed to.
Strengthening the supervision of the safety measures of public transport
Mr CHOY Kan-pui moved the following motion and addressed the Council:
That this Council urges the Government to strengthen the supervision of the safety measures of public transport.
At 4:52 pm, the President's Deputy took the chair during the temporary absence of the President.
Question on the motion proposed.
Six Members and the Secretary for Transport spoke on the motion.
At 5:44 pm, the President resumed the chair.
Mr CHOY Kan-pui replied.
Question on the motion put and agreed to.
Review of the Comprehensive Social Security Assistance Scheme
Mr TAM Yiu-chung moved the following motion and addressed the Council:
That this Council urges that, in reviewing the Comprehensive Social Security Assistance (CSSA) Scheme, the authorities should focus on expanding the support and retraining services for persons receiving CSSA payment on the ground of unemployment and on improving the method of calculating deductions from CSSA payments, so as to encourage unemployed persons to rejoin the labour market early, put public funds to good use, and enable other CSSA recipients to receive better care; furthermore, this Council urges the Government to consult the Legislative Council before making any decision in respect of the review.
Question on the motion proposed.
10 Members and the Secretary for Health and Welfare spoke on the motion.
Mr TAM Yiu-chung replied.
Question on the motion put and agreed to.
Next meeting
The President declared that the next meeting of the Council would be held on 11 March 1998 at 2:30 pm.
The Council was adjourned at 7:24 pm.
(Mrs Rita FAN)
President
Council Chamber
Hong Kong
