I. Confirmation of minutes of 1st meeting held on 8 October 1999 and the special meeting held on 28 May 1999
(LC Paper No. CB(2) 79/99-00 & CB(2) 94/99-00)

1. The two sets of minutes were confirmed.

II. Matters arising

(a) Report by the Chairman on his meeting with the Chief Secretary for Administration (CS)

2. The Chairman said that CS had undertaken to remind Bureaux to introduce as early as possible the bills listed in the 1999-2000 legislative programme provided by the Administration. He further said that he had asked the Administration to indicate the relative priority of the bills.

(b) Taiwan Earthquake

3. Members noted the report jointly prepared by Mr LAU Chin-shek and Mrs Sophie LEUNG on the donations made by the Disaster Relief Fund Advisory Committee to aid the Taiwan earthquake victims.

(c) Adaptation of Laws (No.20) Bill 1999

4. The Chairman said that members agreed at the meeting on 24 September 1999 that the Second Reading debate on the Bill could be resumed. However, Miss Margaret NG, who was not present at the time when the Bill was considered, had raised some queries with the Legal Service Division after the meeting.

5. Miss Margaret NG said that there was no mention in the relevant LegCo Brief that the commodities trading and securities industries had been consulted on the proposed amendments requiring certain records to be kept "in writing in the Chinese or English language" instead of "in writing in the English language". She was of the view that the Administration should consult the industries concerned to ascertain whether they would encounter any practical problems in adopting the proposed arrangement. She suggested that the resumption of the Second Reading debate on the Bill should be deferred pending the Administration's response.

6. The Legal Adviser said that the Legal Service Division was awaiting the Administration's reply to the queries raised by Miss NG. The Legal Adviser added that the Administration had not indicated urgency in resuming the Second Reading debate of the Bill.

7. The Chairman suggested and members agreed to rescind the earlier decision to support resumption of the Second Reading debate on the Bill.

III. Business arising from previous Council meetings

(a) Legal Service Division's reports on bills referred to the House Committee in accordance with Rule 54(4)

(i) Legal Aid (Amendment) Bill 1999
(LC Paper No. LS 1/99-00)

8. The Chairman introduced the paper and said that as the Bill proposed to introduce changes to the provision of legal aid services, it warranted detailed study by a Bills Committee.

9. Miss Margaret NG suggested that a Bills Committee be formed. The following members agreed to join : Miss Cyd HO Sau-lan, Miss Margaret NG, Mr Ronald ARCULLI and Mrs Miriam LAU Kin-yee.

(ii) District Court (Amendment) Bill 1999
(LC Paper No. LS 10/99-00)

10. Referring to the paper, the Chairman said that the Legal Service Division was seeking clarifications from the Administration on certain legal and drafting issues. The Chairman added that as some Members had previously expressed concern over some of the proposals in the Bill, he recommended that a Bills Committee be formed to study the Bill in detail.

11. Miss Margaret NG suggested that a Bills Committee be formed. Members agreed. The following members agreed to join : Miss Margaret NG, Mr Ronald ARCULLI, Mrs Miriam LAU Kin-yee and Mr Andrew CHENG Kar-foo.

12. Miss Margaret NG said that the major proposal in the Bill relating to the proposed increase in the financial jurisdiction limit of the District Court from $120,000 to $600,000 should be implemented as soon as possible, so as to enable more civil cases to be heard in the District Court. Miss NG further suggested that in order to expedite work, Members joining the Bills Committee should forward their queries on the Bill in writing to the Legal Service Division whilst the Bills Committee was awaiting activation, thus enabling the Legal Service Division to obtain early clarifications from the Administration.

13. The Legal Adviser said that House Committee had previously decided that a Bills Committee could invite written submissions from concerned organizations prior to the Bills Committee formally commencing work.

14. Mr Ronald ARCULLI expressed support for Miss NG's suggestion. He added that under the existing arrangement, a circular inviting Members to join a Bills Committee would be issued upon the allocation of a slot to the Bills Committee concerned. He suggested that pending the activation of the Bills Committee on District Court (Amendment) Bill 1999, a circular be issued immediately after the House Committee meeting inviting Members to join the Bills Committee, say within two weeks.

15. Assistant Secretary General 1 said that the procedure for Members to join a Bills Committee was set out in rule 21(c) of the House Rules. She explained that the deadline for joining a Bills Committee was normally one clear day before the day of the first meeting of the Bills Committee. However, it would be up to the House Committee to decide whether an exception should be made in respect of this Bills Committee.

16. The Chairman suggested that rule 21(c) be suspended on this occasion to enable membership for this Bills Committee to be called for in the manner as proposed by Mr ARCULLI. Members agreed.

17. The Chairman further suggested that the Administration be asked to give priority to the Bill. Members agreed.

(iii) Mass Transit Railway Bill
(LC Paper No. LS 2/99-00)

18. The Chairman introduced the paper and said that the Bill sought to provide a legal framework for the privatization of the Mass Transit Railway Corporation. He added that the Bill involved important policy issues which merited detailed study by a Bills Committee. He was also of the view that the legislative process on the Bill should be completed as soon as possible, preferably before the presentation of the 2000-2001 Budget in March next year.

19. Mrs Miriam LAU suggested that a Bills Committee be formed. The following members agreed to join : Mr Eric LI Ka-cheung, Mr Ronald ARCULLI, Miss CHAN Yuen-han, Mr CHAN Wing-chan, Mrs Miriam LAU Kin-yee, Mr Andrew CHENG Kar-foo and Dr TANG Siu-tong.

20. Mrs LAU said that Members should be given adequate time to scrutinize the Bill. She asked whether the Bill could be accorded priority treatment.

21. The Chairman proposed that the arrangement in paragraph 16 above agreed to by members should also be adopted for the Bills Committee formed to study the Mass Transit Railway Bill. Members agreed. The Chairman added that he would convey to the Administration members' request for the Bill to be accorded priority.

(iv) Industrial Training (Construction Industry) (Amendment) Bill 1999
(LC Paper No. LS 8/99-00)

22. The Chairman said that the Bill sought to expand the functions of the Construction Industry Training Authority and did not introduce any policy changes. He suggested that a decision on the Bill be deferred as the Legal Service Division was seeking clarifications from the Administration on certain technical issues. Members agreed.

23. Mr Andrew CHENG suggested that pending the Administration's response to the queries raised by the Legal Service Division, the Administration should be asked to brief the Panel on Manpower on the details of the Bill as soon as possible. Members agreed.

(v) Stamp Duty (Amendment) Bill 1999
(LC Paper No. LS 5/99-00)

24. Introducing the paper, the Chairman said that the Legal Service Division was seeking clarifications from the Administration on certain technical points and would submit a further report. He suggested that a decision on the Bill be deferred pending the Legal Service Division's further report. Members agreed.

(b) Legal Service Division's report on subsidiary legislation tabled in Council on 13 October 1999 (gazetted on 8 October 1999)
(LC Paper No. LS 12/99-00)

25. The Chairman introduced the paper which detailed the two items of subsidiary legislation gazetted on 8 October 1999.

26. Members raised no queries on the subsidiary legislation.

IV. Further report by the Legal Service Division on outstanding bills

Adaptation of Laws (No.22) Bill 1999
(LC Paper No. LS 13/99-00)

27. The Legal Adviser drew members' attention to Annex I to the paper which detailed the Administration's response to the queries raised by the Legal Service Division. He added that with the Committee Stage amendment (CSA) proposed by the Administration to replace "Director of the Government Secretariat" with "Director of Bureau", and the confirmation that the references to "Her Majesty's service" and other related terms would be dealt with under the Adaptation of Laws (the Garrison) Bill to be introduced in due course, the Legal Service Division was of the view that the legal and drafting aspects of the Bill were in order.

28. Members raised no objection to the resumption of the Second Reading debate on the Bill.

V. Business for the Council meeting on 27 October 1999

(a) Questions
(LC Paper No. CB(3) 70/99-00)

29. Members noted that 16 written questions had been tentatively scheduled. The Chairman reminded members that the deadline for giving notice of questions was 16 October 1999.

(b) Bills - resumption of debate on Second Reading, Committee Stage and Third Reading

(i) Adaptation of Laws (No.5) Bill 1999

(ii) Adaptation of Laws (No.21) Bill 1999

(iii) Adaptation of Laws (No.26) Bill 1999

(iv) Adaptation of Laws (No.31) Bill 1999

(v) Adaptation of Laws (No.28) Bill 1999

(vi) Adaptation of Laws (No.23) Bill 1999

(vii) Adaptation of Laws (No.24) Bill 1999

30. The Chairman said that the Bills Committee on Adaptation of Laws (No. 5) Bill 1999, which would report under agenda item VII(c), recommended that the Second Reading debate on the Bill be resumed on 27 October 1999.

31. The Chairman further said that members had agreed at previous meetings that the Second Reading debates on the other six Bills be resumed.

(c) Government motions

(i) Resolution under section 7 of the Factories and Industrial Undertakings Ordinance (Cap. 59) - to be moved by the Secretary for Education and Manpower
(LC Paper No. LS 14/99-00)

32. The Chairman said that the purpose of the proposed resolution was to seek the Council's approval of the Factories and Industrial Undertakings (Safety Management) Regulation made by the Commissioner for Labour under section 7 of the Factories and Industrial Undertakings Ordinance. He added that as the Bills Committee on Factories and Industrial Undertakings (Amendment) Bill 1999 had recommended in its report to the House Committee in June this year that the Safety Management Regulation to be made by the Commissioner for Labour should be studied in detail, he sought members' agreement to the formation of a subcommittee to study the proposed resolution.

33. Mr Andrew CHENG asked whether, instead of forming a new subcommittee, the Safety Management Regulation should be studied by either one of the existing two subcommittees, viz. the Subcommittee on regulations relating to occupational safety and health or the Subcommittee on Factories and Industrial Undertakings (Loadshifting Machinery) Regulation.

34. The Chairman said that the purpose of the Safety Management Regulation was to provide for the introduction of the safety management system in selected industrial undertakings. He added that as the implementation of the safety management system involved complex issues, the proposed Regulation would more appropriately be studied by a separate subcommittee.

35. Mr Ronald ARCULLI suggested that a subcommittee be formed. The following members agreed to join : Mr HO Sai-chu, Mr LEE Kai-ming, Mr Ronald ARCULLI, Mr CHAN Wing-chan and Mr Andrew CHENG Kar-foo.

36. The Chairman said that the Secretariat would ask the Administration to withdraw the notice for moving the proposed resolution at the Council meeting on 27 October 1999.

(ii) Three resolutions under section 4 of the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525) - to be moved by the Secretary for Security
(LC Paper No. LS 11/99-00)

37. The Chairman said that as some members might need time to study the three Orders made under the Mutual Legal Assistance in Criminal Matters Ordinance, the Administration had written to the Secretariat withdrawing the notices for moving the three proposed resolutions on 27 October 1999.

38. The Chairman invited members' views as to whether a subcommittee should be formed to study the three Orders.

39. Dr YEUNG Sum suggested that the subcommittee currently scrutinizing the US Order should also study the three Orders. Members agreed.

VI. Advance information on business for the Council meeting on 3 November 1999

(a) Bill - First and Second Readings

Protection of the Harbour (Amendment) Bill 1999

40. The Chairman said that the above Bill would be introduced into the Council on 3 November 1999 and considered by the House Committee on 5 November 1999.

(b) Bill - resumption of debate on Second Reading, Committee Stage and Third Reading

Adaptation of Laws (No.25) Bill 1999

41. The Chairman said that members agreed at the meeting on 24 September 1999 that the Second Reading debate on the Bill be resumed.

(c) Members' motions

(i) Motion to be moved by Hon LEUNG Yiu-chung

42. Members noted that Mr LEUNG Yiu-chung had been allocated a debate slot.

(ii) Motion to be moved by Hon James TIEN Pei-chun

43. Members noted that Mr James TIEN Pei-chun had been allocated a debate slot.

44. The Chairman said that the deadlines for giving notice of the above motions and notice of amendments (if any) to the motions were 19 October 1999 and 27 October 1999 respectively. The speaking time limits stipulated in rule 17(c) of the House Rules would apply.

VII. Reports

(a) Position report on Bills Committees/subcommittees
(LC Paper No. CB(2) 88/99-00)

45. The Chairman said that there were 13 Bills Committees and seven subcommittees in action, including the subcommittee to study the resolution under section 7 of the Factories and Industrial Undertakings Ordinance formed earlier at the meeting.

46. The Chairman further said that as there were two vacant slots, the Bills Committees formed to study the Electronic Transactions Bill and Arbitration (Amendment) Bill 1999 would be activated.

47. The Chairman added that with the formation of the three Bills Committees under agenda item III(a) (i) - (iii), there were 11 Bills Committees on the waiting list.

(b) Report of the Bills Committee on Shipping and Port Control (Amendment) Bill 1999
(LC Paper No. CB(1) 92/99-00)

48. Mr HUI Cheung-ching, Chairman of the Bills Committee, introduced the paper which detailed the main deliberations of the Bills Committee. He highlighted in particular the Bills Committee's support for the Administration's proposal to increase the penalty charges to achieve a deterrent effect and said that the Bills Committee had recommended that the Second Reading debate on the Bill be resumed on 3 November 1999.

49. Members raised no objection to the recommendation of the Bills Committee.

(c) Report of the Bills Committee on Adaptation of Laws (No. 5) Bill 1999
(LC Paper No. CB(1) 93/99-00)

50. Mr Andrew WONG, Chairman of the Bills Committee, introduced the paper and drew members' attention to paragraphs 7 - 9 of the paper which detailed the Bills Committee's deliberations on the need or otherwise to retain and adapt the Aliens (Rights of Property) Ordinance. Mr WONG said that in response to the Bills Committee's suggestion, the Administration had agreed to move CSAs to amend the Chinese rendition for "alien" in the Aliens (Rights of Property) Ordinance from to .

51. Miss Margaret NG asked whether a "stateless person" would be regarded as an "alien". The Legal Adviser said that it would be difficult to make a direct comparison of the meaning of the two terms, as what each term was intended to mean needed to be determined in the context of the legislation concerned.

52. Mr WONG said that the Bills Committee had recommended that the Second Reading debate on the Bill be resumed on 27 October 1999.

53. Members raised no objection to the recommendation of the Bills Committee.

54. The meeting ended at 3:04 pm.

Legislative Council Secretariat
20 October 1999