OFFICIAL RECORD OF PROCEEDINGS
ミ猭Ы穦某筁祘タΑ魁
Wednesday, 15 May 1996
せきるきら琍戳
The Council met at half-past Two o'clock
とだ穦某秨﹍
MEMBERS PRESENT
畊某
THE PRESIDENT
THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P.
畊独Щ祇某O.B.E., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P.
腜某C.B.E., J.P.
THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P.
㏄辩睶┥某O.B.E., J.P.
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
琖皇某Q.C., J.P.
DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D. (CANTAB), J.P.
瓣腳某O.B.E., LL.D. (CANTAB), J.P.
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
ぶ城某O.B.E., J.P.
THE HONOURABLE SZETO WAH
畕地某
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
糂祇某O.B.E., J.P.
THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P.
︙┯ぱ某O.B.E., J.P.
THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P.
甃ㄎ瞶某O.B.E., J.P.
THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P.
糂胺祸某O.B.E., J.P.
DR THE HONOURABLE EDWARD LEONG CHE-HUNG, O.B.E., J.P.
辩醇翬某O.B.E., J.P.
THE HONOURABLE ALBERT CHAN WAI-YIP
朝岸穨某
THE HONOURABLE CHEUNG MAN-KWONG
眎ゅ某
THE HONOURABLE CHIM PUI-CHUNG
糕蚌┚某
THE HONOURABLE MICHAEL HO MUN-KA
︙庇古某
DR THE HONOURABLE HUANG CHEN-YA, M.B.E.
独綺笽某M.B.E.
THE HONOURABLE EMILY LAU WAI-HING
糂紌某
THE HONOURABLE LEE WING-TAT
ッ笷某
THE HONOURABLE ERIC LI KA-CHEUNG, J.P.
產不某J.P.
THE HONOURABLE FRED LI WAH-MING
地某
THE HONOURABLE HENRY TANG YING-YEN, J.P.
璣某J.P.
DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., F.Eng., J.P.
独篿某M.B.E., F.Eng., J.P.
DR THE HONOURABLE PHILIP WONG YU-HONG
独﹜グ某
DR THE HONOURABLE YEUNG SUM
法此某
THE HONOURABLE ZACHARY WONG WAI-YIN
独岸藉某
THE HONOURABLE CHRISTINE LOH KUNG-WAI
嘲糠某
THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P.
バ玊某O.B.E., J.P.
THE HONOURABLE LEE CHEUK-YAN
某
THE HONOURABLE CHAN KAM-LAM
朝挪狶某
THE HONOURABLE CHAN WING-CHAN
朝篴篱某
THE HONOURABLE CHAN YUEN-HAN
朝胞糭某
THE HONOURABLE ANDREW CHENG KAR-FOO
綠產碔某
THE HONOURABLE PAUL CHENG MING-FUN
綠癡某
THE HONOURABLE CHENG YIU-TONG
綠模磁某
DR THE HONOURABLE ANTHONY CHEUNG BING-LEUNG
眎▆某
THE HONOURABLE CHEUNG HON-CHUNG
眎簙┚某
THE HONOURABLE CHOY KAN-PUI, J.P.
讲蚌某J.P.
THE HONOURABLE ALBERT HO CHUN-YAN
︙玊く某
THE HONOURABLE IP KWOK-HIM
腑瓣辆某
THE HONOURABLE LAU CHIN-SHEK
糂ホ某
THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P.
糂簙煌某J.P.
DR THE HONOURABLE LAW CHEUNG-KWOK
霉不瓣某
THE HONOURABLE LAW CHI-KWONG
霉璓某
THE HONOURABLE LEUNG YIU-CHUNG
辩模┚某
THE HONOURABLE BRUCE LIU SING-LEE
郭Θ某
THE HONOURABLE MOK YING-FAN
馋莱某
THE HONOURABLE MARGARET NG
艷祸某
THE HONOURABLE NGAN KAM-CHUEN
肅繟某
THE HONOURABLE SIN CHUNG-KAI
虫ヲ昂某
THE HONOURABLE TSANG KIN-SHING
纯胺Θ某
DR THE HONOURABLE JOHN TSE WING-LING
谅ッ闹某
THE HONOURABLE MRS ELIZABETH WONG CHIEN CHI-LIEN, C.B.E., I.S.O., J.P.
独窥ㄤ军某C.B.E., I.S.O., J.P.
THE HONOURABLE LAWRENCE YUM SIN-LING
ヴ到圭某
MEMBERS ABSENT
畊某
THE HONOURABLE FREDERICK FUNG KIN-KEE
毒浪膀某
THE HONOURABLE JAMES TO KUN-SUN
襖略ビ某
THE HONOURABLE HOWARD YOUNG, J.P.
法У地某J.P.
THE HONOURABLE DAVID CHU YU-LIN
Χギ棚某
THE HONOURABLE LEE KAI-MING
币某
THE HONOURABLE LO SUK-CHING
霉睲某
PUBLIC OFFICERS ATTENDING
畊そ戮
THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P.
CHIEF SECRETARY
︽現Ы某ガ現朝よネC.B.E., J.P.
MR RAFAEL HUI SI-YAN, J.P.
FINANCIAL SECRETARY
癩現砛くネJ.P.
THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P.
ATTORNEY GENERAL
︽現Ы某現皑碔到ネC.M.G., J.P.
MR CHAU TAK-HAY, C.B.E., J.P.
SECRETARY FOR RECREATION AND CULTURE
ゅ眃約冀㏄紈撼ネC.B.E., J.P.
MR NICHOLAS NG WING-FUI, J.P.
SECRETARY FOR CONSTITUTIONAL AFFAIRS
舅ㄆ叭篴ネJ.P.
MR JOSEPH WONG WING-PING, J.P.
SECRETARY FOR EDUCATION AND MANPOWER
毙▅参膚ッキネJ.P.
MR PETER LAI HING-LING, J.P.
SECRETARY FOR SECURITY
玂兢紋圭ネJ.P.
MR BOWEN LEUNG PO-WING, J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
砏购吏挂現辩腳篴ネJ.P.
MR KWONG KI-CHI, J.P.
SECRETARY FOR THE TREASURY
畐叭馣ㄤвネJ.P.
MR LEO KWAN WING-WAH, J.P.
SECRETARY FOR ECONOMIC SERVICES
竒蕾闽ッ地ネJ.P.
CLERK IN ATTENDANCE
畊
MR RICKY FUNG CHOI-CHEUNG, SECRETARY GENERAL
毒更不ネ
PAPERS
The following papers were laid on the table pursuant to Standing Order 14(2):
Subject
Subsidiary Legislation L.N. No.
Waterworks (Amendment) Regulation 1996 176/96
Country Parks and Special Areas (Amendment)
Regulation 1996 178/96
Pesticides (Amendment) Regulation 1996 179/96
Official Languages (Alteration of Text)
(District Court Ordinance) Order 1996 180/96
Public Health and Municipal Services Ordinance
(Public Pleasure Grounds) (Amendment of Fourth
Schedule) (No. 2) Order 1996 181/96
Declaration of Increase in Pensions Notice 1996 182/96
Widows and Orphans Pension (Increase)
Notice 1996 183/96
Disability Discrimination Ordinance (86 of 1995)
(Commencement) Notice 1996 184/96
Sex Discrimination Ordinance (67 of 1995)
(Commencement) Notice 1996 185/96
Intellectual Property (World Trade Organization
Amendments) Ordinance 1996 (11 of 1996)
(Commencement) Notice 1996 186/96
Land Registration Fees (Amendment) Regulation
1995 (L.N. 35 of 1996) (Commencement)
Notice 1996 187/96
Land Registration (New Territories) Fees
(Repeal) Regulation 1995 (L.N. 36 of 1996)
(Commencement) Notice 1996 188/96
Land Registration (Amendment) Regulation 1996
(L.N. 39 of 1996) (Commencement) Notice 1996 189/96
Land Registration Fees (Amendment) Regulation
1995 (Amendment) (No. 2) Regulation 1996
(L.N.145 of 1996) (Commencement) Notice 1996 190/96
Official Languages (Authentic Chinese Text)
(Wild Animals Protection Ordinance) Order (C) 43/96
Official Languages (Authentic Chinese Text)
(District Court Ordinance) Order (C) 44/96
ゅン
ゅン沮穦某盽砏材14(2)兵砏﹚τタΑ矗ユ
兜ヘ
妮猭ㄒ 猭そ絪腹
1996叭砞琁璹砏ㄒ 176/96
1996偿そ堕の疭跋璹砏ㄒ 178/96
1996埃甡警璹砏ㄒ 179/96
1996猭﹚粂ゅэゅセ
よ猭皘兵ㄒ 180/96
1996そ渤徖ネの蒥現兵ㄒそ渤笴贾初
璹4材2腹 181/96
1996ガ糤癶ヰそ 182/96
叫把綷璣ゅセ 183/96
摧痚猍跌兵ㄒ1995材86腹
1996ネら戳そ 184/96
┦猍跌兵ㄒ1995材67腹
1996ネら戳そ 185/96
1996醚玻舦禩舱麓璹兵ㄒ
1996材11腹
1966ネら戳そ 186/96
1995爹禣ノ璹砏ㄒ
1996材35腹猭そ
1996ネら戳そ 187/96
1995爹穝禣ノ紀埃砏ㄒ
1996材36腹猭そ
1996ネら戳そ 188/96
1996爹璹砏ㄒ
1996材39腹猭そ
1996ネら戳そ 189/96
1995爹禣ノ璹砏ㄒ
1996璹材2腹砏ㄒ
1996材145腹猭そ
1996ネら戳そ 190/96
猭﹚粂ゅいゅ痷絋セ
偿ネ笆玂臔兵ㄒ (C) 43/96
猭﹚粂ゅいゅ痷絋セ
よ猭皘兵ㄒ (C) 44/96
Sessional Paper 1995-96
No. 81 Hong Kong Monetary Authority
Annual Report 1995
き︓せ穦戳ず矗ユゅン
材81腹 翠磕恨瞶Ы
き厨
ORAL ANSWERS TO QUESTIONS
Curriculum on Environmental Protection
1. 讲蚌某拜畊ネ現┎セЫ毙▅竝Τい厩砞璸甅吏玂毙▅揭祘璝Τ赣揭祘ず甧︙の篒︓ヘ玡ゎΤ︙Θ璝︙
毙▅参膚氮畊ネ吏挂毙▅琌厩ネ拈块癸吏挂粄醚毙旧-
膀セ醚㎝╆タ絋篈獽把籔э到吏挂借笆現┎現郸琌厩┮Τ崩約吏挂毙▅毙▅竝祇厩吏挂毙▅ま睲贰弧厩吏挂毙▅﹙Ξヘ夹㎝揭祘ず甧
現┎蹦ノ阁揭祘よΑ崩︽吏挂毙▅厩揭祘ず–ヘ常穦眖ぃà栋い╯㎝贝癚摸癸吏挂粄醚㎝籔吏挂闽玒厩揭祘ず吏挂毙▅厩珹穦胺眃毙▅盽醚の厩い厩よ玥Τ瞶菌竒蕾のそㄆ叭穦毙▅㎝ㄇ瞶ヘ
琵и秆睦硂ㄇヘ妓腊厩ネ眖ぃà粄醚吏挂ㄒ厩ネ眖瞶ヘい厩策厩╯よ猭㎝フ籔︑礛吏挂Τ闽阀├厩策ゅ厩ヘ厩ネ眖菌穦竒蕾の瞶à粄醚摸籔吏挂闽玒砃の贾ヘま旧厩ネ猋洁︑礛挂硂ㄇヘΤ厩ネ秆吏挂絋ミ-
癸吏挂拜肈基芠
埃タ砏揭祘厩ネョ把籔揭笆厩策Τ闽吏挂醚讽い珹厩セ︗笆ㄒ癚阶臛阶┪à︹ш簍┪琌秈︽め笆ㄒ偿策┪把芠Τ诀笰初㎝γ琕跋硂ㄇ笆琵厩ネ钡牟龟悔吏玂拜肈-
克ō砰喷盢穦眏-
癸吏挂闽猔㎝秆
┮Τい厩瞷タ硓筁タ砏揭祘㎝揭笆縩伐崩︽吏挂毙▅ㄒΤ禬筁200丁厩把籔"厩ネ吏挂玂臔ㄏ璸购"ョΤ250丁厩把"厩ネ紀Μ璸购"禫ㄓ禫厩羭快Τ厩ネ钡把籔吏玂笆ㄒ厚て堕竊ノ㎝方单陪ボい厩禫ㄓ禫跌厩ネ吏挂毙▅
讲蚌某拜畊ネ現┎粄い厩拈块吏玂醚程Τよ猭琌或
毙▅参膚氮и竒璶氮滦い現┎粄い厩崩︽吏挂毙▅程璶讽礛琌璶弧吏挂毙▅﹙Ξヘ夹㎝揭祘ず甧硂よ祇毙▅まず矗︓よΑよи-
粄吏挂毙▅莱赣阁揭祘Α崩約传杠弧硓筁ぃヘ厩ネ镑眖ぃà㎝ぃよ秆摸㎝吏挂闽玒︑礛吏挂癸摸璶┦の︙把籔稲臔吏挂㎝玂臔吏挂
谅ッ圭某拜現┎璶氮滦い弧翠厩㎝毙畍常纯癡絤疭琌吏玂よ癡絤叫拜現┎Τぶ毙畍纯钡吏玂癡絤のΤぶ厩ネ纯钡吏玂毙▅㎡
毙▅参膚氮畊ネ畍戈蚌癡よи-
だㄢよㄓ材琌戮蚌癡毙▅竝ぃ耞硓筁ぃΑ㎝措笵羭快畒酵穦㎝策痁单戮毙畍癸吏挂毙▅瞏粄醚羭ㄒτē筁ㄢ毙▅竝竒禬筁4 000毙畍羭快禬筁120ぃ摸量畒㎝策痁︓ゼ戮毙畍よи-
笵翠毙▅盡厩皘翠厩㎝翠いゅ厩畍戈蚌癡揭祘ず珹吏挂毙▅и璶眏秸翴パ吏挂毙▅ㄤ龟琌珹ぃヘぇずㄒи┮弧瞶ヘ盽醚胺眃毙▅穦㎝菌单┮毙畍粄醚ヘ筁祘い︑礛穦秆㎝粄醚︙崩約吏挂毙▅
Transition of Judicial Officers
2. ︙玊く某拜碞現┎矪瞶Τ闽猭﹛㎝ㄤ猭筁寸拜肈現┎セЫ
(a) 癸翠疭︽現跋膀セ猭材兵いΤ闽猭﹛㎝ㄤ猭А痙ノ砏﹚琌︙瞶秆赣单琌惠璶眔疭跋現┎┪琘ㄇ舱麓淋叫疭跋現┎膥尿狝叭莉痙ノ玂痙ㄓ戮の
(b) 矪瞶瓃拜肈穦璶―い璣羛羛蹈舱秆睦"А痙ノ"迭種璝︙
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, Article 93 of the Basic Law states in very clear terms that judges and other members of the judiciary serving in Hong Kong before the establishment of the Hong Kong Special Administrative Region (HKSAR) may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before. This mirrors the provision in the Joint Declaration on the continued service of judges and other members of the judiciary. Their continued service has therefore been very clearly and explicitly provided for in the Joint Declaration and the Basic Law. We have no reason to doubt that these provisions will be complied with.
︙玊く某拜畊ネゼ矗и蛤秈借高ぇ玡叫畊ネ璶―舅ㄆ叭絋氮滦璶借高(b)场だ⊿Τ氮
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, if the Honourable Member is referring to consultation in the Joint Liaison Group (JLG), then my answer would be, as I mentioned, the Joint Declaration and the Basic Law very clearly provide for the continued service of judges and other members of the judiciary. In view of the firm safeguards already provided for in the Joint Declaration and the Basic Law, there is no need for discussion in the JLG or indeed any other forum about this issue.
︙玊く某拜畊ネи蛤秈借高琌硂妓程Τㄇ钡いよ莱舦锣簿翠猭﹛斗璶穝ヴ㏑τヴ㏑筁祘いΤ糵琩祘絋玂翠猭縒ミの猭﹛镑沮い璣羛羘抖筁寸現┎睲贰狦Τ惠璶秈︽絋粄杠﹚穦绊琌祸Ατ獶荡ぃ钡現獀糵琩
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, as I stressed in my principal answer, the Joint Declaration and the Basic Law provide for the continued service of judges and other members of the judiciary after 1997. Neither the Joint Declaration nor the Basic Law prescribes a re-appointment procedure for judges and other members of the judiciary serving in Hong Kong before the establishment of the HKSAR. Any possible arrangements that the SAR Government may wish to make to effect the continued service of these judges should be no more than a procedural formality, for example, taking the oath of allegiance under Article 104 of the Basic Law.
MR MARTIN LEE: Mr President, is the Government aware of, and does the Government agree with:
(1) a recent interpretation from the members of the Legal Sub-Group of the Preparatory Committee on Article 93 of the Basic Law, that the clause "judges may all remain in employment ......" and so on, means that judges may but equally may not be employed after the change of sovereignty on 1 July 1997; and
(2) another interpretation by a senior official of the Hong Kong and Macau Affairs Office of the Chinese Government, that though judges may retain their seniority with pay and other conditions of service no less favourable than before, they could actually be demoted?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, it is not for me to comment on what the Legal Sub-group of the Preparatory Committee has or has not deliberated. This is something that is not in my area, nor is it really out in the public domain. But I would like to comment on the two points made by the Honourable Member.
I am sure the Honourable Member, being a prominent lawyer, should realize that the word "may" only means that judges, like other public servants, are not compelled, that is, forced, to remain in the service if they do not wish to. Some judges and other members of the judiciary may well have reached the retirement age by the time the transition takes place, or perhaps decide to leave for other reasons, and that is the whole purpose and objective of the word "may" in the Joint Declaration.
The second point is whether serving judges would retain their existing posts. Now, obviously, the Joint Declaration and Basic Law provide that these judges may remain in employment and retain their seniority and conditions of service no less favourable than before. There could, of course, be changes arising, for example, from promotions. There is no provision for demotions and indeed the Joint Declaration and the Basic Law provide that they remain in the service with the same seniority and with the same terms of service as before.
MISS MARGARET NG: Mr President, in view of the public concern aroused on this important issue, will the Administration inform this Council whether clarification has been sought or is going to be sought with the Chinese authorities as to the understanding and the process whereby the judges employments are going to be continued and whether it is going to be conditional upon some process of confirmation or conditional upon some qualifications being checked or fulfilled?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, I would not like to repeat the various answers I gave to Mr Albert HO and also the supplementary raised by him. In a nutshell, the Joint Declaration and Basic Law provide for the continued service of members of the judiciary. It is very clearly stipulated. As I said, we have no reason to doubt that these provisions will be complied with and there is no reason why we would therefore need to seek any clarification.
PRESIDENT: Miss NG, are you claiming that your question has not been answered?
MISS MARGARET NG: Indeed, Mr President, my question was on the process. Article 93 does not refer to any process. My question was whether the Administration has sought clarification on the process whereby employment is to be continued?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Again, Mr President, in my answer to the supplementary raised by Mr HO, I said that there is no provision in the Joint Declaration and Basic Law to prescribe a re-appointment procedure, if that is what Miss NG means by the process. And in any case, any possible process or any possible arrangements that the SAR Government may wish to make to effect the continued service, as I said, should be no more than a procedural formality, for instance, the taking of the oath in Article 104 of the Basic Law.
PRESIDENT: Miss NG, I do not wish to see this turning into a debate.
MISS MARGARET NG: Not a debate, Mr President, with respect. May I reduce my question. My question is one of whether clarification has been sought or is going to be sought? The Secretary refers to things the Chief Executive may or may not do, so hence my question, in view particularly of that part of his answer, whether he intends to seek clarification? It is a yes or no question.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, we have no plan to do so, and not because we do not want to do that, but because there is no need to do that as there is no requirement whatsoever in the Joint Declaration and the Basic Law about re-appointment process or procedures for serving judges.
綠產碔某拜畊ネ沮厨笵瞷ヴ猭А璶粄㎝篈や羬ミ猭穦キ铆筁寸硂拜肈ぃぶ﹛秈癶蝴éョ珼驹猭縒ミ叫拜現┎は癸羬ミ猭穦ぇΤ硓筁ヴ︙措笵いよ坚睲のは琈硂篈拜肈
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, there is no requirement at all in the Joint Declaration or the Basic Law about the acceptance of the provisional legislature as a pre-condition for continuation of service.
綠產碔某拜畊ネи借高琌琂礛Τ硂妓厨笵現┎Τт措笵坚睲
PRESIDENT: I think the answer was no.
ッ笷某拜畊ネ叫拜舅ㄆ叭いよΤ硓筁い璣羛羛蹈舱璣よボ┮Τ猭﹛筁寸斗璶篈や羬ミ猭穦璝ê或程Τㄇ膚〆硓筁逗Ы璶丁钡篈や羬ミ猭穦暗猭琌安虑硂ンㄆ秈︽現獀糵琩
PRESIDENT: The last part was argumentative. Secretary, the first part.
SECRETARY FOR CONSTITUTION AFFAIRS: Mr President, I think I gave the answer to an earlier question. There is no such requirement in the Joint Declaration and Basic Law for accepting the provisional legislature or indeed any condition other than judicial quality and ability for appointment to the Bench.
MISS EMILY LAU: Mr President, I want to follow up on the use of the word "may" versus the use of the word "shall". According to Article 93, as the Secretary just told us, judges and other members of the judiciary serving in Hong Kong right now "may" all remain in employment and retain their seniority with pay and so on after 1997, and the same expression is used in Article 100 for public servants saying they "may" all remain in employment and retain their seniority with pay and so on. But Mr President, if we look at Article 91 of the Basic Law, it says the HKSAR "shall" maintain the previous system of appointment and removal of members of the judiciary. And Article 92 says judges and other members of the judiciary of the SAR shall be chosen on the basis of their judicial and professional qualities and so on. Mr President, may I ask the Secretary for Constitutional Affairs, being a constitutional law expert, to enlighten Members? Of course, he did not draft the Basic Law, but what is his understanding of the usage of the two words? He said with "may" the option is on the judges, they "may" retire, they "may" leave. But my understanding is "shall" is a matter of course. He "shall" remain. But with "may", it maybe that the Chief Executive or the Chinese Government does not want him to remain so he "may" not remain. Can he give us some clarification please?
PRESIDENT: Miss LAU, I think you have ruled yourself out of order. You are seeking the expression of a legal opinion, the solution of a certain legal problem. But I think on the question of "may" and "shall", Secretary, you answered to the effect that "may" means certain things. Would you like to repeat that please?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, I have no intention of engaging in the debate or the argument about the meaning of the words. But if we have to apply a face value to the interpretation of the words "shall" or "may" in the relevant context, I think it is very obvious and clear, to me at least, and I am sure to some of the students in the gallery ......
PRESIDENT: Secretary, you are not supposed to address the students. You are not supposed to address the public gallery. (Laughter)
SECRETARY FOR CONSTITUTIONAL AFFAIRS: My apologies, Mr President.
As I said, one has to interpret the word in the relevant context. In the case of Article 93 of the Basic Law, it is obvious that "may" refers to the option to be given and exercised by the individual judge or individual public officer concerned. If the judge has reached retirement age or about to reach retirement age or for one reason or another wants to leave the job, then obviously you cannot compel him to serve beyond 1997. So, in that context, the word "may" obviously provides the judge with the flexibility and the option that he could duly exercise. In the context of the other article quoted by Miss LAU, obviously the word "shall" indicates that the need to maintain, the need to oblige the system to be maintained and the option is not for the authority to pick and choose the system that should or should not remain. That would be my layman's interpretation of the words.
MISS MARGARET NG: Mr President, will the Secretary tell this Council whether he has noticed a difference between the English version of Article 93 and the Chinese version? The Secretary has just explained that as far as he understands it, "may remain" refers to an option to be exercised by the judge, whether he wants to remain or he does not want to remain. However, in the Chinese version, Mr President, and I seek leave to use these four Chinese characters, it says "А痙ノ" which translated literally means "may be retained". "May be retained" is not the same thing as exercising an option to remain. It appears that it says there is an option to retain or not to retain. So I go back to my question which is whether the Secretary has noticed the discrepancy and what does he understand by that?
PRESIDENT: It has become even more esoteric now (Laughter) legal differences between the words "shall" and "may" and the legal meaning of certain Chinese words, "А痙ノ". Secretary, not expressing a legal opinion though.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, I do not accept the premise of the question in the first place. The premise of the question is that there is a discrepancy. It is not for me to prove or disprove that there is a discrepancy. It is for the Honourable Member to show that there is a discrepancy. As far as I can understand it, as far as I am concerned, the wording in Article 93 of the Basic Law, is as I explained.
PRESIDENT: Miss NG, are you claiming that your question has not been answered?
MISS MARGARET NG: Indeed, Mr President, my question was .......
PRESIDENT: I think that should be taken up in a Panel meeting, which might prove to be more useful. May I suggest that.
MISS MARGARET NG: Mr President, of course I will obey your ruling, but may I just finish the sentence?
PRESIDENT: Please do.
MISS MARGARET NG: My question is really whether the Secretary has addressed his mind to that point?
PRESIDENT: I think the Secretary has a lot of matters on his mind. Secretary.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, I am afraid I have nothing further to add to the various exchanges between the three of us.
MR MARTIN LEE: Mr President, whereas I am quite satisfied with the Secretary's answer to my supplementary question earlier on and I will give him 80 out of 100, but the point is has he made sure that his interpretation is agreed to by the Chinese team on the Joint Liaison Group? Otherwise, he interprets one thing and they interpret the other and they will be the sovereign in 400 days' time.
PRESIDENT: Secretary, I think Mr LEE is asking you to answer part (b) of the original question by changing one word, that is to request the JLG to "agree on" the meaning of "may all remain in employment" and not just "explain".
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, there are of course very clear provisions in the Basic Law on how to deal with difficulties of interpretation. I do not think we are in that situation yet, as I said there is no reason to suggest that Article 93 would not be complied with. If there are difficulties in future about interpretation, one would have to rely on the prescribed arrangements for seeking a proper interpretation. I do not think we are at that stage yet.
MR MARTIN LEE: Mr President, but the Chinese side has actually made known their interpretation which apparently he does not agree with and I happen to agree with him. So the question, Mr President, is, surely does he not realize it is now very necessary and indeed important for the British Joint Liaison Group team to seek the agreement of their counterparts and have this worked out now before it is too late.
PRESIDENT: That was not put in the form of a question, Mr LEE.
MR MARTIN LEE: Oh yes. Does the Government agree that they have now a duty?
PRESIDENT: Yes, thank you.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, could I seek your permission for the Honourable Member to elaborate on his statement that a certain Chinese official has explained or declared or defined the provision in Article 93 of the Basic Law.
PRESIDENT: It is becoming a debate now.
MR MARTIN LEE: I have not been trying to provoke a debate.
PRESIDENT: Mr LEE, please resume your seat. Secretary, are you asking whether or not Mr Lee is prepared to substantiate his claim that a certain Chinese official has made such a statement?
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Yes, Mr President, before I can answer the question.
MR MARTIN LEE: I believe it was Mr CHEN Zi-ying who made the second statement that I referred to . In other words, that judges may not actually keep their same position. In other words, a High Court judge could or may not actually sit in the High Court but in the District Court. That was the implication of his statement. But is the Secretary telling us that he is not even aware of that?
PRESIDENT: That was not a substantiation of your claim that a certain Chinese official made those remarks.
MR MARTIN LEE: Where is the answer? I asked a question.
PRESIDENT: The Secretary was not prepared to answer the claim on your part which you cannot substantiate.
MR MARTIN LEE: Well, I thought I gave him the name. What else does he want?
PRESIDENT: You said you believe; you simply believe.
MR MARTIN LEE: Well, I cannot be 100% sure.(Laughter)
PRESIDENT: The answer was very clear. The Secretary was not prepared to answer your question.
MRS ELIZABETH WONG: Mr President, I have checked against the Standing Orders. I am sure I will not be ruled out of order.
May I ask the Secretary to agree that the distinction between "may" and "shall" is in simple layman's terms, because I believe the law is also for laymen not only for lawyers, in simple layman's terms the same as the following example; the judge on departure from Hong Kong may sell sea shells on the sea shore but the shells he sells "shall" be sea shore shells? Thank you. My apologies to the interpreter. Thank you. (Laughter)
PRESIDENT: Is your supplementary in any way related to the original question? (Laughter)
MRS ELIZABETH WONG: Yes, Mr President. It is a distinction between "may" and "shall". "Shall" is in the Basic Law, "may" is in the Secretary's answer. So I would like to compare the two.
PRESIDENT: I do not regard this exchange very productive. We have been concentrating too much on the difference between the words "may" and "shall".
Miss Emily LAU, I thought you wished to have a second supplementary.
MISS EMILY LAU: Mr President, I suggest we move on.
Effectiveness of Unleaded Petrol in Reducing Air Pollution
3. 糂胺祸某拜畊ネ搭い筣秖┮暗Θγ琕現┎ま礚筣═猳秨﹍窽ゎㄏノ筣═猳ó进躬纘緍ó锣ノ礚筣═猳現┎癸礚筣═猳紉Μ耕筣═猳═猳祙碞現┎セЫ
(a) ︑瓃惫琁龟︽い筣秖Τ搭璝Τ叫矗ㄑ筁きず借Τ┮э到戈
(b) ︑ま礚筣═猳現┎搭ぶ紉Μぶ═猳祙の
(c) 現┎ノ或非玥蝶︳"礚筣═猳現郸"琌痷タ才"Θセ痲"玥の笷搭γ琕ヘ夹
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, my answer to the three-part question is as follows:
(a) The introduction of unleaded petrol in 1991 has contributed to reductions in lead emissions in the air and built on steps which had been taken before 1991 to reduce the lead content of petrol fuel. Currently, less than 20 tonnes of lead is emitted into the air per year, which amounts to a reduction of 50% from the 1991 figure. Consequently, the three-month average level of lead in air is below 0.15 microgrammes per cu m, which is below 10% of the Air Quality Objective value. However, it should be noted as we pointed out in the 1989 White Paper on the Environment that unleaded petrol was introduced not only to reduce lead emissions but also to pave the way for the use of catalytic converters, made mandatory in 1992, which would reduce emissions of nitrogen dioxide, carbon monoxide and hydrocarbons from petrol vehicles. As a result of these measures, and despite an increase in the petrol vehicle fleet by about 35% from 1991 to 1995, the levels of these three pollutants in air have largely been maintained with their Air Quality Objectives values. However, as the Administration has been at pains to point out, to this Council and the public, air pollution from vehicle emissions remains a serious community health problem, mainly because of the high level of particulates emitted by diesel vehicles.
(b) There has been no reduction in petrol duties because the lower duty for unleaded petrol has been offset by the higher duty for leaded petrol.
(c) I believe it would be fair to say that the unleaded petrol policy has been cost-effective in minimizing air pollution taking into account the measured air quality benefits which I have mentioned, the fact that, as noted above, there is no cost to government, and that the pump price of unleaded petrol is less than leaded petrol and therefore affordable to motorists.
糂胺祸某拜畊ネ砏购吏挂現氮滦(a)琿瞷–逼い筣秖ぶ20そ痉耕搭ぶ叫拜砏购吏挂現硂戈计沮膀娄琌或沮吏玂竝代刚戈竒だ猂Τ闽计沮陪ボい筣秖琌–ミよμ64.73稬ど︓–ミよμ93.48睝–ミよμ83.44稬硂兜戈计沮籔砏购吏挂現и-
搭ぶ琌は叫拜砏购吏挂現癸硂薄鶪Τ或秆睦
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: In answering this question, Mr President, can I ask whether the Honourable Member is referring to the annual measurement of lead or the quarterly measurement of lead? I was using the quarterly figure which at current level is below 0.15 microgrammes per cu m, as I said, and Mrs Miriam LAU may be referring to the annual measurement.
PRESIDENT: I think the main thrust of the question was whether it is rising instead of your claim that it has been falling, Secretary.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, I stand by what I said. The quantity of lead measured in the air as detected by the Environmental Protection Department (EPD) now is actually below 0.15 microgrammes per cu m.
糂胺祸某拜畊ネ陪礛砏购吏挂現ゼ氮滦и借高狦瞷磝搐ぃΤ闽计沮杠辨ノи矗ㄑ氮滦
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: I can certainly do that, Mr President. (Annex I)
独篿某拜畊ネ糂胺祸某借高弧躬纘緍ó锣ノ礚筣═猳現┎癸礚筣═猳紉Μ耕筣═猳═猳祙и稱叫現┎坚睲讽現┎⊿Τ搭礚筣═猳基現┎癸筣═猳糤祙Μま璓筣═猳基害狦и弧琌タ絋杠ê或現┎氮滦(b)琿琌岿粇
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, the policy on petrol duty is not within my area, but I will try my best to answer this question. As I said in my main reply, the intention of the policy at that time was to equalize cost and revenue by raising the duty on leaded petrol and thus creating a differential whereby it would be cheaper for motorists to use unleaded petrol.
独篿某拜畊ネиゼ莉氮滦ê场だ借高Τ氮滦拜肈琌狦琌硂妓杠現┎獶躬纘緍óㄏノ礚筣═猳τ琌胓籃ㄏノ筣═猳緍ó
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: I think it is a matter of interpretation, Mr President, because we could have increased leaded petrol duty regardless of whether unleaded petrol was introduced at that time. But the differential in duty policy at that time was we would raise the duty on leaded petrol and thus making unleaded petrol cheaper to use.
PRESIDENT: And you are saying whether we ought to describe half a bottle of wine as half-empty or half-full. (Laughter)
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Your wisdom is beyond me, Mr President. (Laughter)
MR RONALD ARCULLI: Mr President, in view of the answers given to the two previous supplementary questions, I wonder whether the Secretary will consider going away with the question originally asked by my colleague, Mrs LAU, and perhaps consulting the EPD about it and giving us a full written answer, hopefully explaining the discrepancies that both Mrs LAU and Mr WONG have highlighted?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Yes, I would, Mr President. (Annex II)
︙┯ぱ某拜畊ネ砏购吏挂現氮滦い弧︑眖ま礚筣═猳–る璸いキА筣秖ぶ0.15稬弧琌借夹10%иぃ睲贰┮孔借夹琌┪畉借夹璝琌畉и借高籔独篿某Τ闽硈琌ボ現┎祙ぃまㄏノ礚筣═猳
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, I think the reverse is true. Perhaps I will spend a bit of time explaining what we mean by Air Quality Objectives. We set up such objectives on seven components of our air. They include sulphur dioxide, nitrogen dioxide, carbon monoxide, respirable suspended particulates, total suspended particulates, ozone and lead.
For lead, our Air Quality Objective, which is actually stated in Regulations to the Air Pollution Ordinance, is at a quarterly measurement as 1.5 microgrammes per cu m. Any excess of that means that we fall behind, or rather we exceed it, or rather we become bad in terms of our air quality in respect of that count. Our objective is Hong Kong should not exceed a quarterly measurement average of 1.5 microgrammes per cu m. As I explained in my principal reply, the current measurement is 0.15 microgrammes per cu m and, that is, we are at 10% of the worst case scenario which we can accept.
PRESIDENT: Mr Edward HO, are you claiming that your question has not been answered?
︙┯ぱ某拜畊ネиごゼフи稱叫拜╯澈瞷┮笷借琌ゑ耕ㄤヘ夹┪畉硂琌虏虫иぃフ氮滦
PRESIDENT: I think the explaining ought to be done at a Panel meeting. But Secretary, please answer the very simple question: better than or worse than the objective?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, in a simple layman's term, we are only 10% of the worst case scenario, meaning we are very good on that count.
PRESIDENT: It is still very technical. (Laughter)
谅ッ闹某拜畊ネ產常笵筣═猳筣癸ō砰胺眃Τ璽紇臫疭癸ㄠ担τē現┎╯澈Τ⊿Τ丁┪璸购氨ゎㄏノ筣═猳狦⊿Τ丁玥︙
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, we are continually monitoring the situation. If we want to use a different type or content of fuel, we have to take into account three factors. The first factor is whether such fuel is actually manufactured and available and also available in Hong Kong. The second is whether car technology and car manufacturing will be able to make the best use of such fuel. And the third is whether in the circumstances of the place concerned, legislation or other enforcement measures and standards can be set to reach that target. In Hong Kong, we look at all three continuously and monitor the situation. As soon as there is available evidence to demonstrate that lower leaded fuel is available, and when car technology can match, we will consider amending our legislation.
MRS SELINA CHOW: Mr President, could the Secretary explain how it can be logical to substantiate paragraph (b) of the answer that there has been reduction in petrol duties, when the Government has in fact made every effort to induce the phasing-in of unleaded petrol and the phasing-out of leaded petrol by applying lower duty on the former and higher duty on the latter?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, the statement I gave was the policy at that time of how we wanted to introduce a programme. Of course, it is possible that, as time goes on and the market shares of leaded petrol and unleaded petrol may change and fluctuate from time to time, the original equalization formula is not exactly the same.
I have nothing further to add to what I have said, but if any further detailed calculations are required, I will be quite happy to consult my colleagues in the Finance Branch and see when further information can be provided.
糂胺祸某拜畊ネ氮滦(a)琿矗の╯γ琕癸セ翠カチ胺眃紇臫叫拜砏购吏挂現現┎穦秈︽秸琩╯тい筣癸カチ胺眃紇臫
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, can I suggest, with your permission, that we discuss this at the Panel of the Council as there are numerous publications available already on the harmful effect of lead in air to health.
Award of Compensation under Public Finance Ordinance
4. 綠產碔某拜畊ネそ癩現兵ㄒ材18A(1)兵甭舦ミ猭Ы虑∕某眖現┎Μい俱掸┪だ戳干纕﹚倒磅︽笵紈┪猭竡叭ňゎ┪癸к竜︽端┪﹚倒瓃薄鶪端璓緄現┎セЫ
(a) 現┎癸まノ兵ゅㄣ砰現郸︙
(b) 現┎︙贺薄鶪穦まノ兵ゅの
(c) 現┎膀或非玥璸衡干纕肂
SECRETARY FOR TREASURY: Mr President, the provisions in section 18(A)1 in the Public Finance Ordinance first featured in the Compensation (Special Cases) Ordinance enacted in 1949. These provisions were subsequently transferred first to the Interpretation and General Clauses Ordinance enacted in 1966, and then to the Public Finance Ordinance in 1993. When moving the Compensation (Special Cases) Bill in July 1949, the then Attorney General explained that the object was to provide an enabling measure for the award of compensation to a person injured or to the dependants of a person killed in fulfilling a duty to uphold the law. It was made clear then that the legislation would not attempt to prescribe the conditions or circumstances in which an award of compensation should be made or the amount which should be awarded as this would enable each case to be judged on its merits. This remains the situation today.
That said, the provisions have not been used for a long time, certainly not at all since their transfer to the Public Finance Ordinance. This is because the Administration may award compensation and ex-gratia payments using normal Estimates procedures under the Public Finance Ordinance. Provision for such award is made under Head 106 Miscellaneous Services Subhead 284 Compensation and is approved by this Council annually in the context of the Appropriation Bill. Any supplementary provision required during the year may be approved by the Finance Committee or by delegated authority as appropriate. That subhead provides for the grant of ex-gratia payments and the settlement of claims made against the Government (other than those compensation which should be charged to specific subheads, such as those connected with land, public works, mail and for civil servants under the Employees' Compensation Ordinance).
綠產碔某拜畊ネせるらミ猭Ы穦某畊現┎竒ΩまノΤ闽兵ㄒ硄筁∕某ňゎ竜祇ネ端竭纕讽ら魁陪ボ某辨現┎镑э秈︽現惫琁璶―現┎笆ノ兵ㄒ挤蹿倒端叫拜現┎蛤繦讽らミ猭Ы∕﹚笆まノ硂兵兵ㄒ┪タさぱ畐叭氮滦琂礛Τㄤ措笵倒ぉ挤蹿竭纕現┎穦篗綪瞷︽そ癩現兵ㄒ材18A1兵
SECRETARY FOR THE TREASURY: Mr President, when the relevant provisions were transferred from the Interpretation and General Clauses Ordinance to the Public Finance Ordinance, it was part of an overall exercise in the review of the provisions of the former Ordinance. Therefore, at that time, no consideration was given as to whether or not there is a continued need for section 18A(1) in the Public Finance Ordinance. And in our view, it is in fact desirable and preferable to use normal Estimates procedures where it becomes necessary and justified to consider and make awards of compensation under Head 106 Miscellaneous Services Subhead 284 Compensation.
Where it is necessary and justified, I am sure that my departmental and branch colleagues will take the initiative to consider the necessary compensation cases.
郭Θ某拜畊ネ氮滦ず弧硂兵ゅ竒ゼ砆まノ琌ゼ砆まノぃ单眖ㄓゼ砆まノи稱拜現┎パ︓硂44丁Τまノ筁赣兵ゅㄒ現┎磷秨硂拜肈狦眖ㄓゼ砆まノ筁現┎琌粄そ癩現兵ㄒ箇衡祘竒ì镑㎝続讽矪瞶材18A兵㎡現┎箇痙や箇衡材18A1兵玱現┎螟暗硂箇衡琌硂妓㎡
SECRETARY FOR THE TREASURY: Mr President, I have not tried to avoid answering questions about whether or not section 18A of the Public Finance Ordinance has been used or not in the past. I think I made a very clear answer to that: it has not. But the previous provision before its transfer, as far as we could trace from our records, is that they have been used twice. In 1969, two Resolutions to award compensations were approved under section 95(1) of the Interpretation and General Clauses Ordinance then.
As to the second part of the Honourable Member's question, as I have said, it is in our view preferable and more desirable to use normal Estimates procedures to consider compensation cases.
MISS MARGARET NG: Mr President, in those cases referred to by the Secretary, the criteria used for calculating the amount has been equivalent, or more or less equivalent, to the amount of a civil claim arising from the incident. Will the Secretary inform this Council whether under Subhead 284 the same criteria is going to be adopted by the Administration?
SECRETARY FOR THE TREASURY: Mr President, in fact, I have read the relevant Hansard records and I am afraid it is not as precise as suggested by the Honourable Member. The records do show that the amount of compensation was based on the assessed needs of the deceased's dependants in both cases, but it is not entirely clear as to precisely how the amount was arrived at. I am afraid the detailed records have been lost in the mist of time.
That said, I think the essential point that we would wish to bear in mind is that in considering ex-gratia compensation or payments, we have to consider each case on its merits and we have to consider all the circumstances involved, and that would be the approach that we would adopt when considering compensation under the normal Estimates procedures.
PRESIDENT: Miss NG, are you claiming that your question has not been answered?
MISS MARGARET NG: Mr President, I look for clarification referring to the cases referred to by the Secretary. Mr President, if I may refer the Secretary to one of those cases, I think it is the first case in 1969 made to one Mrs CHAN Lai-chuen ......
PRESIDENT: Miss NG, I will put you down for a further supplementary so that other Members may have a chance.
MRS ELIZABETH WONG: Mr President, from the second paragraph of the Secretary's reply, it is clear that the law on compensation is as antiquated as it is mean. May I seek clarification from the Secretary that Head 106 Miscellaneous Subhead 284 Compensation only covers the settlement of claims made against the Government. I raise this question specifically because arising from recent media reports, a civilian hero, in attempting to foil an armed-robbery gang, was paralyzed in the process and won a little pittance for his bravery from which sum he had to pay legal costs. So, the follow-up to that question, which is the same question, is: If Head 106 Miscellaneous Services Subhead 284 only covers cases against the Government, is there a fund to compensate people who are injured in the process of helping police in combating crime, and to cover legal costs? If not, why not?
PRESIDENT: Mrs WONG, are you extending the question to cover compensation towards the police?
MRS ELIZABETH WONG: Yes. Mr President, it is in respect of the final paragraph of the Secretary's reply where he stated in his reply that Head 106 Miscellaneous Services Subhead 284 Compensation covers the settlement ......
PRESIDENT: Mrs WONG, I think we heard you loud and clear. I suppose if section 18A of the Public Finance Ordinance was agreed to by the Government and if the Government is prepared to use it, it can cover police cases too.
SECRETARY FOR THE TREASURY: Mr President, perhaps I read my answer too quickly because the last sentence reads like this:
"That subhead provides for the grant of ex-gratia payments and the settlement of claims made against the Government"
So in fact it does cover not only settlement of claims against the Government, and in the case referred to by the Honourable Member, I understand that it is being considered by my colleague, the Secretary for Security, and I would defer to him if he would wish to elaborate.
SECRETARY FOR SECURITY: Mr President, we are at the moment considering the making of an award to Mr YEUNG in the light of his bravery and public spirit, although the Government has no legal liability to Mr YEUNG. But given the circumstances surrounding the incident which led to Mr YEUNG's injury, we feel that we should award him an ex-gratia payment in recognition of his gallant act in trying to stop crime, and to ensure that he and his family can enjoy a stable living, notwithstanding his injury.
A small group convened by the Security Branch and comprising representatives of relevant branches and departments is considering the details of the case, including such questions as the appropriate amount of the award and the manner in which payment should be made.
PRESIDENT: Mrs WONG, are you claiming that your question has not been answered?
MRS ELIZABETH WONG: Mr President, may I ask that the two Secretaries accept ......
PRESIDENT: Which part of your question has not been answered?
MRS ELIZABETH WONG: Mr President, can I finish my sentence? May I ask that the two Secretaries ......
PRESIDENT: Which part of your question has not been answered, Mrs WONG?
MRS ELIZABETH WONG: Both parts have. May I ask? Can I finish my question please, Mr President, before you rule it out of order?
PRESIDENT: If you claim that your question has not been answered, state which part?
MRS ELIZABETH WONG: Both questions have been answered. May I ask that the Secretaries accept my personal gratitude for their generosity and sympathy in considering the case.
PRESIDENT: Mrs WONG, please state the part of a question that has not been answered.
MRS ELIZABETH WONG: I was saying that they have both answered my questions. May I ask that they accept my gratitude. That is the question.
PRESIDENT: You are not supposed to make a speech, Mrs WONG, and please refrain from doing so in future.
MRS SELINA CHOW: Mr President, the Secretary for the Treasury has in fact repeatedly said that each case should be judged on its own merits. In view of the questions that have been asked of the past and of this case which is now widely debated in public, does the Government intend to establish a set of basic criteria against which cases will be assessed? And if not, how can the Government ensure that such cases would be assessed fairly and consistently?
SECRETARY FOR THE TREASURY: Mr President, I am afraid I have to emphasize that each case will indeed have to be assessed on its own merits. Whether an award should be granted would normally depend on the following factors:
- whether the Government is legally liable;
- the role of the person seeking the compensation and the damage; and
- the extent of loss or injury sustained.
As to the amount of award, it is always a fine balance between the need to be prudent with the use of taxpayers' money and the judgment on what a reasonable amount would be, having regard to all the relevant factors. The factors for consideration would normally include the extent to which the Government is liable, the circumstances leading to the damage, loss or injury, and the circumstances of the person seeking compensation.
To help us arrive at a reasonable amount, we invariably seek legal advice from our colleagues in the Attorney General's Chambers, draw reference from relevant similar precedent cases, and consult the responsible Policy Branches and departments.
独岸藉某拜畊ネи稱矗借高玂膀セ氮и稱蛤秈畐叭氮滦ず材琿弧Τ闽兵ゅ锣簿︓そ癩現兵ㄒぇゼ砆まノまノ箇衡祘羆ヘ106馒兜狝叭だヘ284干纕祇硂ㄇ干纕╯澈現┎穦沮或薄鶪非玥ㄓ∕﹚まノそ癩現兵ㄒㄓ干纕┪琌まノ羆ヘ106馒兜狝叭だヘ284干纕㎡ノ妓非玥ㄓ∕﹚琌ノそ癩現兵ㄒ临琌羆ヘ106㎡
SECRETARY FOR THE TREASURY: Mr President, as I have said, our preference is to use normal Estimates procedures and a request or suggestion for ex-gratia payment is normally first considered by the responsible department or Policy Branch. The Policy Branch will, if it considers it justified, make a recommendation to us, Finance Branch, for an award of ex-gratia payment. In recommending an award, the Policy Branch or department concerned would set out the details of the case and the justification for making the award, and the proposed amount of award.
Legal advice will be sought and the relevant branches and departments will be consulted before a decision is made on whether an award should be granted and how much the amount should be.
So, in a nutshell, the initiative rests with the relevant department and Policy Branch.
PRESIDENT: Secretary, the question was what criteria would you adopt to decide whether you invoke section 18A of the Public Finance Ordinance or use the normal procedure?
SECRETARY FOR THE TREASURY: Mr President, as I have said, our preference is to use the normal Estimates procedure and so far there has not been a single case which cannot be dealt with in that way.
独岸藉某拜畊ネ畐叭⊿Τ氮и借高
PRESIDENT: Mr WONG, The answer was given.
独岸藉某拜氮滦弧現┎琌尺舧ノ......
PRESIDENT: The answer was the Government is not prepared to use section 18A of the Public Finance Ordinance.
独岸藉某拜現┎ぃ琌尺ㄓ快ㄆ
PRESIDENT: This is not a debate, may I remind you, Mr WONG.
眎▆某拜畊ネ琂礛畐叭弧そ癩現兵ㄒ材18A1兵ゼ砆まノτ現┎尺舧ノ箇衡祘ㄓ祇Τ闽干纕膀单現┎Τσ納璹そ癩現兵ㄒ材18A1兵㎡
SECRETARY FOR THE TREASURY: Mr President, I thank the Honourable Member for his advice and will consider that when the opportunity arises.
PRESIDENT: And you may wish to seek his support too.
Origin of Goods Procured by Government Supplies Department
5. 糂紌某拜碞現┎ㄑ莱矪┮蹦潦玻硂よ現┎セЫ
(a) 膀或非玥∕﹚眖瓣產蹦潦
(b) 筁ㄢず┮蹦潦场羆い眖璣瓣潦基┮κだゑ︙の
(c) 琌Τ璸购ら蹦潦パい瓣嘲ネ玻璝Τ︙ら穦膥尿猽ノ(a)兜氮滦┮璹非玥∕﹚蹦潦よ
畐叭氮畊ネ硂兜借高珹场だ瞷氮滦
(a) 現┎蹦潦穦矗ㄑそキ膙吏挂и-
ヘ琌絋玂セの瓣ㄑ莱坝镑そ秨㎝そキ膙и-
穦蹦程才Τ┮玥厨基ョ穦臮のΤ闽琌才ノ產惠―基琌ㄣ膙蝴のㄤ巨禣ノの┦綼祘惠璶ョ穦σ納砯珇扳狝叭砯珇ㄓ方獶уσ納
(b) 現┎ㄑ莱矪のき蹦潦砯珇い碞基–5窾翠じ┪ㄓ弧璣瓣莉уだ讽羆9.7%の12%Τ闽璶ㄑ莱坝カ初Τ瞯秈˙冈薄更氮滦ゅセず︓肂よи-
⊿Τ沮ㄓ方购だだ兜计
(c) и-
ぃゴ衡эи氮滦借高材场だ┮阀瓃蹦潦現郸
ㄑ莱玻珇ㄓ方购だ
基患搭抖
き瓣產基Τ瞯瓣產基Τ瞯κ窾翠じ璸κ窾翠じ璸1.瓣1,332.331.6%1.瓣1,528.034.2%2.璣瓣407.89.7%2.璣瓣533.812.0%3.い瓣341.18.1%3.紈瓣422.29.5%4.紈瓣222.95.3%4.い瓣363.38.1%5.らセ193.44.6%5.らセ208.84.7%6.穝℡181.94.3%6.翠152.43.4%7.緿瑆125.73.0%7.风129.42.9%8.猭瓣100.22.4%8.猭瓣109.12.4%9.风96.02.3%9.颤孽100.62.3%10.翠95.02.2%10.皑ㄓ﹁ㄈ98.82.2%11.ㄤ1,116.3
-------26.5%
------11.ㄤ817.1
------18.3%
------4,212.6
=======100%
====4,463.5
=======100%
====
爹瓃参璸计ずу基5窾翠じ┪
糂紌某拜畊ネ現┎璶氮滦い矗蹦潦非玥琌Τ┮穦矗ㄑそキ膙吏挂穦臮の基琌ㄣ膙┦綼祘单硂ㄇи-
常やи-
眖璶氮滦眔翠逼材︗2.2%τき翠ど︓材せ︗琌3︓4%硂琌陪ボ翠砯膙㎝綼祘畊常ぃのいㄤ瓣產?
畐叭氮畊ネи谋眔ぃㄓ﹚阶и-
潦禦砯ㄒㄇ蔼м砞称┪ㄇΤ盡舦砯珇翠琌⊿Τ玻ㄏ翠俱砰ㄑ莱よΤ瞯耕ぃи-
砯膙ぃのㄤ瓣產
虫ヲ昂某拜畊ネ叫拜或基砯珇惠璶竒筁そ秨щ夹祘の狦現┎ぃ蹦ノ程厨基硂非玥穦或祘秈︽у
畐叭氮畊ネτē禬筁5窾じ翠刽и-
常荷秖穦ノそ秨щ夹よΑу礛τ琘ㄇ薄鶪狦蹦潦珇琌и┮矗ㄣΤ盡舦┪縒產ネ玻玻珇ㄒ琘ㄇ媚и-
碞ぃ蹦ノЧそ秨щ夹よΑ狦琘ㄇ砯砏耕疭и-
穦そ秨щ夹玡秈︽砏糵﹚∕﹚冈灿砯珇璶―狦Τㄑ莱坝骸ì┮Τ璶―и-
穦基眔
霉不瓣某拜畊ネ坝程倒и獺い靡龟瓣現┎程竒窽ゎ┮Τ瓣現┎诀篶潦禦翠玻珇叫拜翠現┎Τσ納癸瓣現┎蹦莱厨確惫琁璝︙
畐叭氮畊ネиぃ﹚霉某┮弧ㄆ絋龟祘┮и螟氮ぃ筁ㄓ弧и-
ぃ穦ノ翠現┎蹦潦よΑ┪現郸ㄓ禩厨確
朝胞糭某拜畊ネи-
笵ぃぶ瓣產のよ蹦潦砯珇常躬纘蹦ノセ玻珇畐叭氮糂某借高┮矗の非玥⊿Τ珹硂兜叫拜埃蔼м玻珇狦翠㎝瓣妓ネ玻現┎┮斗蹦潦珇и-
琌莱赣蹦ノセ玻珇非玥
畐叭氮畊ネタи璶氮滦い┮弧砯珇ㄓ方獶уσ納ぇ
PRESIDENT: Miss CHAN, are you claiming that your question has not been answered?
朝胞糭某拜и借高琌現┎盢ㄓ穦非玥
PRESIDENT: I think your question is the reverse of Dr LAW Cheung-kwok's question.
朝胞糭某琌ぃ
畐叭氮畊ネ虏虫氮琌"ぃ穦"
某拜畊ネ畐叭氮糂紌某干借高ボ瓣蹦潦琌蔼м玻珇и稱矗眶畐叭翠籹︾穨琌程ぃ癬τи借高琌Τ闽硂よ翠牡诡狝セㄓ琌翠籹硑Ωщ夹玱砆嘲ネ玻ネ玻坝Θщ眔基窥耕稧﹜現┎穦現┎狝щ夹祘い砏﹚щ夹ゲ斗セネ玻砰瞷翠ノ翠砯弘蝴セ碞穨诀穦и粄程璶琌ボи-
癸翠ó︾ネ玻借ㄣΤì獺み狦翠現┎常ぃ蹦ノセ翠砯杠瓣щ戈ㄓ翠潦禦翠砯㎡
PRESIDENT: The last two sentences were argumentative. Secretary for the Treasury, first part on police uniform. Should it be made locally?
畐叭氮畊ネи-
σ納よ潦禦狝┮蹦非玥и璶氮滦(a)琿い┮弧斗臮の琌才Τ┮玥单τㄓ方ぃ琌σ納
PRESIDENT: Mr LEE, are you claiming that your question has not been answered?
某拜琌畊ネ狦Τ┮非玥杠叫拜畐叭Τ秸琩牡诡琌骸種瞷狝借
PRESIDENT: Purely argumentative. Miss Emily LAU, last supplementary.
糂紌某拜畊ネ畐叭Ω眏秸砯珇ㄓ方獶уσ納иや硂翴程Τ現┎﹛そ秨ボパい瓣砯珇瞷珇借禫ㄓ禫基窥ぃび禥┮盢ㄓ穦禦い瓣砯и琌硂礷弧杠τ矗硂兜借高畊ネ叫拜翠現┎ら琌ゴ衡禦い瓣砯
畐叭氮畊ネ狦盢ㄓщ夹い瓣砯珇Τ┮单非玥膙程蔼τи-
禦い瓣玻珇硂ぃ筁琌そ秨のそキ膙吏挂┮眔挡狦τぃ琌и-
芠璶潦禦耕琘ㄇ瓣產砯珇
WRITTEN ANSWERS TO QUESTIONS
Ending Date of 1996-97 Legislative Council Session
6. ッ笷某拜現┎セЫ翠羆服琌Τ舦盢せ〓ミ猭Ы穦戳沧挡ら﹚せるらぇ璝礛硂兜舦猭ㄌ沮琌或璝羆服琌﹚穦盢せ〓ミ猭Ы穦戳沧挡ら﹚せるら讽ら┪玡
ガ現氮畊ネ羆服﹚ミ猭Ы穦戳挡ら戳舦方︑癡材XXIA(1)兵瞷Τ舅ゅン礚璹猭ゎ羆服盢せ︓ミ猭Ы穦戳挡ら戳﹚せるらぇ璶癡ご礛ネ羆服獽祇硂兜㏑ぃ筁ヴ︙硂摸㏑常穦せるらア猭沮き翠猭璣瓣穦せるら氨ゎ癸翠︽ㄏ舦τ癡ョ穦赣らア
酚筁┕篋ㄒミ猭Ы穦戳挡ら戳硄盽穦钡赣穦戳程Ω穦某玡﹚τ程Ω穦某ら戳ぇ玡パミ猭Ы畊∕﹚и-
粄⊿Τ瞶パぃ篋ㄒ﹚せ︓ミ猭Ы穦戳挡ら戳
Unauthorized Night Works at Lai King Station
7. ッ笷某拜挪诀初臟隔春祘┯坝ゼ竒Τ闽讽Ыу纯桂Ω瞏琁現┎セЫΤ浪北赣┯坝璝Τ挡狦︙現┎穦︙ňゎ摸笻ㄒㄆン祇ネ
砏购吏挂現氮畊ネ诀初臟隔春祘┯坝せる莉祇縱靖砛靡ㄏノ﹚诀笆砞称琁︓边ぃ筁ㄤ吏挂玂臔竝"吏玂竝"计Ω阑浪琩祇瞷┯坝笻は砛靡砏﹚挡狦┯坝縱靖砛靡せるら砆篗綪τ笻ㄒ┯坝綝浪北测癟盢せるら秈︽吏玂竝るきら絃ǖ琩⊿Τ祇瞷ヴ︙笻は靖恨兵ㄒ薄鶪
┯坝縱靖砛靡砆篗綪纯穝矗ビ叫癸ㄏノ诀笆砞称穦蹦ノ搭靖惫琁矗某パビ叫才靖恨兵ㄒ璶―┯坝せるら莉祇穝縱靖砛靡砛靡癸絃诀笆砞称程ㄏノ计秖砏﹚ゲ斗蹦搭靖惫琁Τ闽よ矗眶┯坝ゲ斗腨宽砛靡ず┮Τ砏﹚吏玂竝穦膥尿菏诡絃絋玂┯坝宽砛靡砏﹚︓ヘ玡ゎ⊿Τ祇瞷笻は靖恨兵ㄒ薄鶪
Pre-sale of Uncompleted Small Houses
8. 霉睲某拜挪ら祇ネ计﹙疉の加禦芥砡腇ㄆンのㄤ現┎セЫ
(a) 禦芥加琌笻猭
(b) 現┎穦σ納р加禦芥猭て秈︽菏恨璝現┎穦σ納﹚惫琁潦禦腇の
(c) ヘ玡加禦芥琌パ現┎场璽砫恨
砏购吏挂現氮畊ネ沮現郸骸18烦╧┦﹡チ讽Ыビ叫礟酚基よΑㄤ砍玌嘿""┪蒥だぇ纔磃基ビ叫у祇現┎砍
沮現郸у挤砍ㄤ锣琵А瓃砏﹚
(i) 莉у粄秏秏吏挂現┎玥锣琵琌ッ現羆竝Θの眔Ч靡穦σ納璹赣兜ビ叫ビ叫莉уビ叫斗干基㎝煤︽現禣の帽竝璹ゅン
(ii) 妮秏耎甶跋у現┎锣琵琌ッ現羆竝祇Ч靡穦σ納璹锣琵の
(iii) уパチ局Τ玥锣琵戳き璹锣琵兵ン籔摸(i)
埃獶瓃ぃネ玥ヴ︙Α矪竚祇甶舦痲А妮笻はу兵ン
(a) р現郸у倒﹡チ琿砍加箇扳琌笻はу兵ン
(b) и-
粄ぃ莱砛扳芥加┪ㄏ硂ㄇ禦芥猭て現郸纔磃兵蹿у倒戈﹡チヘ琌-
э到ネ吏挂锣琵莱ぉ玂痙砛禦芥加Τ笻現郸玥
Τ種潦加∕﹚潦禦Τ闽┪煤ヴ︙ぇ玡Τヴ︙好拜莱畍┪ㄤ盡穨紉高種ǎ
(c) 現矪璽砫矪瞶現ㄆ叭ㄤい珹矪瞶籔уΤ闽磅︽у兵蹿︽笆Τ疉の篡禕玥パ牡叭矪璽砫秸琩
Lunch Arrangements for School Children
9. 眎ゅ某拜翠獵穦程秈︽兜厩ネ刊逼╯祇瞷厩担痙ノ刊Τ陪糤镣墩τ厩蹦ノ逗舶ㄑ莱坝璹逗狝叭ョΤ┮糤パ匡拒穦钡紇臫胺眃の砰借祇甶現┎セЫ讽Ы穦の盢︙矪瞶秸琩厨ず某珹
(a) 癸厩担刊逼蝶︳の郸购秈︽Τ菏诡絋玂厩担莉眔琂徖ネ碔犁緄刊
(b) 浪癚瞷Τ闽厩担と刊逼兜惫琁のま菏诡ㄤ磅︽絋玂刊逼才粄夹非
(c) 盢ノ刊初穝夹非砞琁の
(d) 崩笆の躬纘產毙畍穦菏诡の恨瞶厩担と刊逼笲眏肚矗眶產の厩担猔種都策篋癸胺眃紇臫
毙▅参膚氮畊ネ毙▅竝癸厩ネず刊逼伐稰闽猔赣竝纯厩祇ㄢ硄碞场竒犁㎝パ礟竩逼刊ㄆ﹜矗ㄑ種ǎ︓借高场だи略氮滦
(a) 挪厩ネ痙と刊Τ糤镣墩τ龟︽ら厩ョ禫ㄓ禫毙▅竝タ浪癚瞷Τと刊逼㎝Τ闽菏诡惫琁硂兜浪癚辨せるЧΘ
(b) ゅ(a)琿┮瓃パ毙▅竝秈︽浪癚珹灿╯瞷祇倒厩まΤ惠璶盢薄鶪ぉ璹㎝干毙▅竝ゴ衡せる穝厩秨﹍玡厩祇穝ま赣竝穦穝硄ず躬纘厩Θミ秸舱璽砫服旧参膚㎝э到厩ネ刊逼
(c) 厩ノ瞷Τ初Τ籠巨初┪搂绑单ㄑ厩ネ痙と刊ぇノи-
粄瞷逼琂ㄣ紆┦才Θセ痲挪厩ネノ刊惠璶讽よτㄏノ丁祏既厩糤挤よ盡ㄑ厩ネと刊初┮ぃ琌荷ㄤノ暗猭
(d) и-
種恨瞶㎝菏诡厩刊逼の躬纘厩ネ緄Θ胺眃都策篋单よ產毙畍穦祇揣縩伐ノ毙▅竝盢せる祇穝ま躬纘厩琵產毙畍穦把籔厩刊逼秸舱
蚌緄厩ネ▆都策篋の胺眃ネよΑョ琌璶毙畍穦毙甭ㄇヘ厩ネ拈块Τ闽胺眃の犁緄基醚厩硂ㄇヘ珹胺眃毙▅穦毙▅㎝厩τい厩玥珹產現穦毙▅㎝瞶ヘ厩ネ眖硂ㄇヘ粄醚贺癸ō砰紇臫㎝徖ネフА颗都癸胺眃璶┦
毙▅竝ョ﹚戳秨快戮癡揭祘虑眏毙畍癸犁緄の厩ネ刊逼粄醚のㄏ-
莉眔硂よ穝醚
Capacity of Telephone Lines
10. 璣某拜現┎セЫ
(a) ヘ玡ノ块癳筿杠獺筿杠帹隔珹旧胖蝴呼蹈甧秖︙
(b) 旧胖蝴呼蹈いノ块癳筿杠獺帹隔羆甧秖ぶ
(c) 琌Τ戈陪ボ瞷Τ筿杠帹隔いΤぶ砆ノㄤ糤狝叭のㄤ┮羆筿杠帹隔ゑㄒの
(d) 讽–兵筿杠帹Аノㄤ糤狝叭ノ硚瞷Τ旧胖蝴呼蹈┯璽颤璝ゼㄓ綫砞胖呼蹈祇甶璸购︙
竒蕾氮畊ネ
(a) せる翠筿杠Τそ虏嘿"翠筿杠そ"呼蹈Τ330窾兵帹隔讽いΤ4窾兵琌パ跋诀加钡矗ㄑ旧胖蝴钡婚诀加ぇ丁钡婚帹隔Τ92%旧胖蝴矗ㄑ
(b) 筿杠呼蹈礚跋だ竒呼蹈肚患筿杠籔獶筿杠獺и-
⊿Τ计沮陪ボ筿杠獺┮ゑㄒ
(c) и-
Τㄇ糤狝叭彩菠计沮パる︓きる竒筿杠呼蹈ゴの钡帹丁513货だ牧︳璸讽いΤ452.1货だ牧琌セ筿杠硄癟34.5货だ牧瓣悔筿杠硄癟τㄤ摸侩醚硄癟礟そ糤狝叭玥26.4货だ牧452.1货だ牧セ筿杠硄杠丁讽い珹ノ筿杠㎝獶筿杠ノ硚瓜ゅ肚痷の筿福硄癟瞷礚筿杠籔獶筿杠帹丁縒ミ计沮
(d) 瞷︽呼蹈琌盡┯瞷タ盽硄癟秖τ砞讽い珹┯瞷糤狝叭硄癟秖讽Ы癸翠筿杠そ砞﹚狝叭借夹非絋玂羉Γ丁筿杠Τ99%Θ钡硄璝盢ㄓ糤狝叭硄癟秖碩糤翠筿杠そ斗ユ传诀加のㄤ呼蹈じンい糤щ戈┯踞肂硄癟秖㎝蝴ㄤ瞷︽狝叭キ穝㏕﹚筿癟呼蹈狝叭礟ョタ︑砞ㄤ旧胖蝴い枷呼蹈Θだ踞翠筿杠そ呼蹈场だ硄癟璽颤
Comprehensive Redevelopment Area Planning Approach
11. 朝岸穨某拜現┎セЫ
(a) ︑蹦ノ"侯跋"砏购よ猭Τぶ兜璸购眔秈︽
(b) ︙蝶︳硂砏购よ猭琌Θの
(c) ︙絋玂"侯跋"ず﹡チ穨舦ぃ穦祇甶その翠┬穦璸购τ紇臫
砏购吏挂現氮畊ネ
(a) だ跋璸购乎瓜购﹚"侯祇甶跋"璸购いΤ15兜竒秈︽16兜璸购砏购の縱瓜玥ョу瞷タ矪ぃ崩︽顶琿Τ36兜璸购膚购ぇい
(b) и-
礚腨非玥ㄓ蝶︳﹚侯祇甶跋Θ硂砏购よ猭Θ盢跌–疭﹚薄鶪τ﹚ぃ筁挪ぃぶ璸购独瓾堕カ堕の芖﹁常琌硓筁硂よ猭秈︽硂ㄇ祇甶璸购徊砞琁莱τ約跋ず﹡チ舧硂よ猭弧琌Θиョ稱翴碞琌ぃぶ侯祇甶跋琌莱穨舦璶―τ购硂ノ硚
沮カ砏购〆穦現郸讽–侯祇甶跋Ω猭﹚瓜玥祅赣〆穦斗–き浪癚Τ闽祇甶跋Ωヘ琌╯砏购ヘ夹瞶丁ず笷硂琌蝶︳侯祇甶跋琌Θよ猭ぇ
(c) 穨祇甶舦痲Τ闽兵ㄒ玂毁兵ㄒ砏﹚安璝現┎Μ潦┪Μ加獽斗穨干纕ヴ︙癸干纕肂ぃ骸糵掉矪矗禗璶―掉∕
Development of Kowloon-Canton Railway Stations
12. 朝挪狶某拜挪約臟隔そ"臟"璸购現┎ビ叫纒俄の‵バ籠祇甶坝︘穨現┎セЫ
(a) 現┎籔臟絉坝Τ闽祇甶璸购秈甶の
(b) 穦璶―臟ゲ斗璸购ず珹砍糷氨ó初辅龟"氨獃の锣"阀├搭淮粪繥笵の蒥跋ユ硄澜峨
笲块氮畊ネи-
や臟〓ó矗ㄑ氨ó砞琁躬纘緍ó锣そユ硄ㄣ玡┕羉Γ跋覸絯ユ硄澜峨兜惫琁ㄆ龟и-
砞猭絋玂璶臟〓óのそユ硄ユ蹲矪祇甶璸购砞ì镑氨ó砞琁羭ㄒㄓ弧诀初臟隔い吏㎝獵︾常砞氨ó砞琁
臟カ砏购〆穦矗ユΤ闽纒俄ó祇甶坝穨穨˙某〆穦瞷タ碞ノ硚砏购ユ硄カ砞璸㎝ㄤΤ闽蝶︳赣兜某瞷ごゼ∕﹚〆穦穦紉高и-
種ǎτи-
穦贝癚赣祇甶璸购砞氨ó砞琁獽緍ó锣臟〓ó
臟秨﹍碞‵バó祇甶肩借秈︽˙╯ぃ筁и-
ごゼ钡莉赣そビ叫赣そ∕﹚穝祇甶赣ó現┎穦╯赣矪矗ㄑ氨ó砞琁獽緍ó锣ó
Diesel-to-Petrol Scheme
13. 辩模┚某拜現┎纯祇"睲穝搭猳ó进糛紀秈˙某"吭高ゅン碞硋˙瞊∣そ痉の猳ó进璸购吭高そ渤種ǎτ吭高戳┏骸セЫョるら硄筁玃叫現┎浪癚赣兜璸购某纔磃惫琁ま猳ó进ó︑腀锣ノ═猳ó进蠢某眏惫琁現┎︓さごゼそガΤ闽吭高の浪癚挡狦Τǎの現┎セЫ
(a) そ渤癸吭高ゅン┮更某は莱︙觅Θのは癸瓃璸购種ǎゑㄒ︙
(b) 俱瞶そ渤碞吭高ゅン┮矗ユ種ǎ秈︙︙タΑそガ吭高挡狦の
(c) 瞷現┎Τσ納斌眏そ痉の猳ó进ó锣ノ═猳ó进某
砏购吏挂現氮畊ネ
(a) 讽吭高戳きるら骸讽Ы钡莉1 327種ǎㄤい1 250琌蹿ず甧獺ンτㄤ緇77琌パぃ刮砰の矗ユ種ǎ癸猳锣═猳璸购そ渤は莱ぃ-
種ǎ璶栋い胺眃の吏挂拜肈笲Θセの崩︽璸购逼よ┮Τず甧獺ン常は癸硂兜璸购τㄤ緇種ǎいΤだぇボは癸だぇ玥ボや
(b) 挪钡莉種ǎ種ǎきるらミ猭Ы碞硂拜肈秈︽某臛阶某ョ矗у蝶и-
瞷タ︽糵綷Τ闽某盢祔祇吭高タΑ厨現┎瞷タ览称ゅン计恨猳ó进逼紀よのㄤ国и-
辨ぃ籔ミ猭ЫΤ闽ㄆ叭〆穦癚阶赣ゅン
(c) и-
ごゼσ納懒竚硂兜璸购и-
ご粄Τ碩玠搭猳ó进计ヘ秆∕腨稬采γ琕拜肈τ璶笷璓硂ヘ夹某猳锣═猳璸购琌程Τよ猭ぃ筁и-
沮┮钡莉種ǎ瞷タ╯搭ぶ猳ó进逼紀ㄤ惫琁硂ㄇ惫琁琌ìэ到借玂毁カチ胺眃現┎盢瓃よゅン癚阶硂ㄇ拜肈
Tram Accidents
14. 谅ッ闹某拜挪ㄓ筿ó種繵ネ現┎セЫ
(a) パヘ玡Τ闽讽Ы⊿Τ癸筿ó﹚戳浪琩現┎穦σ納祏戳ずэ瞷︽癸筿ó秈︽浪琩诀のσ納癸筿ó秈︽﹚戳浪琩
(b) 瞷筿ó诀惠钡戳癡絤莉緍緋筿ó現┎穦σ納ミㄒ砏恨筿ó诀癡絤の
(c) 诀筿祘竝籔筿óそ瞷タ浪癚筿ó蝴祘Τ闽浪癚兜ヘ︙秈︙の箇璸︙ЧΘ
笲块氮畊ネ翠筿óΤそЧΤ砫ヴ蝴の浪喷ㄤ筿óτㄆ龟┮Τ筿ó–ぱ瞒秨ó紅玡のó紅А斗钡浪喷絋玂巨タ盽瞷現┎⊿Τ﹚戳浪喷筿ó诀筿祘竝竝穦秸琩–﹙筿ó種挪﹚诀ン珿毁琌艭Θ種筿óそㄤ饼э杆筿óó碵玥斗ㄆ莉眔诀筿祘竝竝у
竒筁程Ω種ㄆン诀筿祘竝竝某筿óそ浪癚ㄤ筿帹寂砞╰参の筿砞称筿óそゴ衡祏戳ず〆癠臮拜秈︽╯τ瓃ㄢ兜ㄆ﹜ョ穦╯絛瞅ぇず赣そ箇璸臮拜惠琍戳祇˙╯挡狦赣そ穦碞╯挡狦紉高現┎種ǎ現┎祔獽穦∕﹚琌惠璶碞筿óó碵蝴㎝ㄆ﹜龟琁ㄇ肂砏ㄒ
現┎⊿Τミㄒ砏恨筿ó诀癡絤ㄆ﹜羭籔瓣悔丁癸ㄏノ瓂笵︽ǐユ硄ㄣ┮蹦暗猭璓筿óそ瞷癡诀矗ㄑ緍緋癡絤璸购戳琍戳埃Τ闽笵隔ㄏノ诀竟巨惫琁の候祘癡絤璸购临珹100隔龟策緍緋癡诀ゲ斗硄筁緍緋掸刚才戈Θ筿ó诀
贝癚︙眏瞷︽癡絤璸购筿óそョ穦碞诀┷竨祘㎝癡絤璸购紉高臮拜種ǎ赣そョ籔翠緍緋厩皘羛蹈贝癚耎溜瞷筿ó诀矗ㄑみ癡絤璸购絛瞅础ㄤ笵隔緍緋мォ
Workplace Insurance Enforcement
15. 讲蚌某拜現┎セЫ
(a) 骋矪ヘ玡Τぶも盡砫ǖ琩坝の狝叭诀篶絋﹚沟蠢ㄤ潦禦骋玂繧赣矪ヘ玡も琌ì莱Τ闽の
(b) 筁–砆祇瞷⊿Τㄤ潦禦骋玂繧┪┮潦禦玂繧肂ぃ才猭ㄒ砏﹚沟だΤぶ骋矪︙祇瞷赣单Τ闽沟Τ砆浪北璝Τ挡狦︙
毙▅参膚氮畊ネ
(a) 瞷Τ123骋服诡戮叭琌珹ǖ琩穨の獶穨诀篶絋﹚沟蠢ㄤ沟潦禦沟竭纕玂繧骋矪瞷Τも絪ì莱Τ闽
(b) 筁┕骋矪祇瞷沟⊿Τ沟潦禦沟竭纕玂繧计ヘだ692﹙849﹙のき726﹙场だ琌骋服诡ǖ琩祇瞷ㄤ緇玥秸琩щ禗┪端ㄆ珿处祇骋矪碞靡沮Θミ浪北笻ㄒ︓êㄇ┦借淮稬┪⊿Τ北よ靡︴靡赣矪Τ闽沟祇牡冈灿だ兜计
き
⊿Τ潦禦玂繧692849726ǖ琩祇瞷660802660祇肚布计ヘ353347530肚癟砆Τ竜331331514﹚竜籃蹿肂400じ
︓12,000じ500じ
︓14,000じ800じ
︓20,000じ
沟干纕兵ㄒ4猭﹚щ玂肂︑赣兵ㄒき﹚ㄓ礚祇瞷Τ沟┮潦玂繧猭﹚肂
OECD Classification of Hong Kong
16. 糂紌某拜現┎セЫ
(a) 琌眡竒蕾の祇甶舱麓"OECD"琌或非玥р瓣產购だ祇笷瓣產摸
(b) OECDΤ碞翠莱购だ摸τ秈︽蝶︳璝Τ翠砆摸の
(c) 璝(b)兜氮﹚現┎琌眡OECD盢翠购だ摸琌σ納ㄇ現┎Τ蝶︳Τ秖嘲簿チㄓ翠癸セ翠竒蕾盿ㄓ或紇臫の赣单紇臫穦Τ翠莉赣舱麓购だ祇笷跋摸
坝氮畊ネOECD兜だ摸い礚"祇笷瓣產"硂摸
OECD烈祇甶穿〆穦絪璹"钡穿瓣產跋虫"ヘ洪琌は琈瞴薄鶪ぃ耞锣跑吏挂い钡穿家Αの矗ㄑ膀娄獽碞穿㎝ㄤ戈方瑈Μ栋τよ獽ゑ耕参璸戈硂虫だㄢ场だА穦﹚戳璹材I场だ程ぃ祇笷瓣產㎝沮蝗︽﹚戳璹购だ非玥┮絪璹Μ舱材II场だ锣跑い祇甶い瓣產㎝跋ㄤΤ"耕秈祇甶い瓣產㎝跋"だ摸眖虫材I场だ锣材II场だ瓣產㎝跋穦耴硂だ摸
るら翠穦眖虫材I场だ锣材II场だ"耕秈祇甶い瓣產㎝跋"だ摸ぇせるらぺ皑ゅ弟疭娥焊穝℡㎝┰羛瓣单せ瓣產ョ眖虫材I场だ锣材II场だ
眖い瓣ㄓ翠簿チセ翠猔Τノ戈方Τ矗蔼セ翠竒蕾ネ玻㎝祇甶肩瘤礛眖い瓣ㄓ翠猭簿チ盿ㄓ癸跋砞琁㎝戈方肂惠―–翠猭簿チ计翠ぃì1%翠琌Τì镑莱
Telephone Tariffs
17. 璣某拜沮現┎矗ㄑ计沮瞷筿杠㏕﹚Μ禣家Α礚阶︘┪坝穨筿杠狝叭А瞷ノ秖ノめ干禟蔼ノ秖ノめ瞷禜碞現┎セЫ
(a) Τ闽︘の坝穨筿杠帹–るノ秖秸琩计沮琌珹ゴ硚筿杠ノ秖ず璝礛︘の坝穨ノめ硚筿杠ㄏノ家Α–る硚筿杠ノ秖だ牧璸衡ノめκだゑ︙璝ゴ硚筿杠计沮癸俱砰ノ秖薄鶪Τ︙紇臫τノ秖ノめ干禟蔼ノ秖ノめ肂穦э跑
(b) 蔼ノ秖ノめキА–るㄏノ筿杠禬筁400だ牧ゴ筿杠い硚筿杠┮ゑㄒ︙だ牧㎝璸衡赣单ノめゴ硚筿杠セ翠┮Τ硚筿杠ゑㄒだ︙の
(c) ノ秖ノめキА–るㄏノ筿杠パ箂︓400だ牧ゴ筿杠い硚筿杠┮ゑㄒ︙だ牧㎝璸衡赣单ノめゴ硚筿杠セ翠┮Τ硚筿杠ゑㄒだ︙
竒蕾氮畊ネ
(a) ㄑ竒蕾ㄆ叭〆穦把綷ゅン"セ筿杠狝叭Μ禣琜篶浪癚"い┮计沮珹ゴτΘ钡硄セ筿杠硄杠丁赣单计沮琌眖材﹗秈︽┾妓璸秖秸琩いΜ栋眔ㄓ琌兜秸琩い繦诀┾琩12 000兵︘筿杠帹の11 000兵坝穨筿杠帹┮Τゴ筿杠硄杠丁ㄏノ秸俱ゑ瞯眖τ︳璸琌Θ钡硄セ筿杠硄杠丁パ赣兜秸琩琌Μ栋セ筿杠计沮礚Μ栋Τ闽ゴ硚筿杠ㄏノ家Α戈ぃ筁沮┾琩挡狦︳璸瓣悔筿杠︘筿杠羆硄杠丁4%坝穨筿杠い玥10%
(b)の(c)
港ゅ(a)琿秆睦琌兜秸琩Μ栋セ筿杠ㄏノ计沮Τ闽瓣悔筿杠ㄏノ家Α计沮ぃΜ栋絛瞅ずи-
⊿Τ蔼┪ノ秖ノめㄏノ瓣悔筿杠戈
Respite Service for the Mentally Handicapped
18. 谅ッ闹某拜Τ闽畓醇矗ㄑ祏既︘盝狝叭現┎セЫ
(a) ヘ玡穦褐竝矗ㄑぶ摸盝︗の钡把籔硂兜狝叭も絪︙
(b) ビ叫︘赣单盝︗戈︙
(c) 現┎Τ戈в腀诀篶矗ㄑ硂兜狝叭璝Τ硂ㄇ诀篶┮矗ㄑ盝︗Τぶ琌パ現┎戈の
(d) 現┎祏戳ず穦σ納眏兜狝叭
毙▅参膚氮畊ネ祏既︘盝狝叭Ξ摧痚珹畓醇矗ㄑぃ禬筁ㄢ㏄既︘盝逼ㄏ璽砫酚臮-
產祔ヰ┪既覸絯┮癸溃
(a) 瞷穦褐竝烈眃盝矗ㄑㄢ祏既︘盝狝叭肂赣兜狝叭パ盝瞷Τ矗ㄑ讽Ы礚疭糤砞戮︗
(b) 祏既︘盝狝叭琌15烦の摧痚τ砞硂ㄇゲ斗⊿Τ眞肚琕痜礚斗疭酚臮の⊿Τ忌︽
(c) 瞷現┎礚矗ㄑ祏既︘盝狝叭獶現┎诀篶矗ㄑ癩現穿ぃ筁硂ㄇ诀篶ノセō戈方︑︽矗ㄑㄇ祏既︘盝狝叭肂
(d) 現┎程沧ヘ夹琌穦褐竝烈き羆跋畓醇盝–跋戈ㄢ祏既︘盝狝叭肂斗跌琌Τ戈方ㄑ笲ノ
Industrial Support Fund Applications
19. バ玊某拜現┎程硄筁パ穨や穿戈璸购い挤蹿戈49兜莉穨のм祇甶Ы崩滤ビ叫ㄤい30兜ㄓ︑盡毙▅厩皘τ度Τ17兜琌ㄓ︑穨诀篶㎝穨や穿诀篶碞現┎セЫ
(a) 沮或非玥糵穨や穿诀篶ビ叫挤蹿
(b) 琌蹦ノ夹非糵盡毙▅厩皘㎝穨诀篶ビ叫の
(c) 穦眏崩約瓃や穿璸购躬纘穨诀篶赣璸购ビ叫戈祇甶癸セ翠穨のмΤ癪膍兜ヘ眏セ翠穨膙
坝氮畊ネ
(a) 穨や穿戈璸购嘿"赣璸购"蝶︳ビ叫┮蹦ノ非玥瞷技瓃
(i) 某兜ヘ翠穨のм祇甶穦盿ㄓ或ㄣ砰矪
(ii) 琌Τ絋惠璶秈︽某兜ヘの穦籔瞷秈︽狡
(iii) 某兜ヘビ叫琌ㄣΤ┮惠м砃キ㎝恨瞶Τ闽兜ヘの赣兜ヘ琁︽璸购㎝┮惠丁琌钡
(iv) 某兜ヘ秨や箇衡琌瞶の琿丁琌Τ︑璽莲の
(v) 某兜ヘパ厩毙▅戈〆穦┪莱ノ╯祇甶璸购单ㄤ竒禣ㄓ方戈穦続
(b) ┮Τ赣璸购矗ビ叫ぃ阶琌パ盡毙▅皘┪穨诀篶矗А穦パ穨のм祇甶Ыのㄤ烈〆穦酚甅非玥糵
(c) 穨竝蹦ノ瓃よ猭崩約赣璸购盢ㄓョ穦膥尿硂妓暗
(i) –矗ビ叫诀篶珹穨诀篶祇淋叫獺ㄧずЖΤ闽赣璸购肚戈
(ii) ﹚戳┮Τ矗ビ叫诀篶珹穨诀篶虏ざ赣璸购
(iii) Τ闽籹硑穨の厩籔м砃翠獽凝翠厨翠籹硑穨厨"や穿翠穨"虫眎の穨竝虏ざ单現┎い更赣璸购戈の
(iv) 穨竝瓣悔呼蹈呼い赣璸购戈
莉赣璸购戈兜ヘ竒ЧΘ╯挡狦のΘ狦盢るせら︓ら羭︽м㏄甶硂兜逼莱Τ崩約赣璸购躬纘坝诀篶矗ユΤセ翠穨のм祇甶ビ叫穨竝穦σ納矗Ν祇淋叫獺ㄏΤ種ビ叫诀篶Τ丁览称某穨竝ョ穦羭快虏ざ穦穨诀篶ざ残赣璸购
BILLS
First Reading of Bills
VETERINARY SURGEONS REGISTRATION BILL
PUBLIC HEALTH AND MUNICIPAL SERVICES (AMENDMENT) BILL 1996
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
VETERINARY SURGEONS REGISTRATION BILL
THE SECRETARY FOR ECONOMIC SERVICES to move the Second Reading of: "A Bill to provide for the regulation of the practice of veterinary surgery, the registration of veterinary surgeons, the disciplinary control of the professional activities of registered veterinary surgeons and for matters related to such registration and disciplinary control."
He said: Mr President, I move that the Veterinary Surgeons Registration Bill be read a Second time.
The purpose of the Bill is to regulate the practice of veterinary surgery in Hong Kong.
At present, the practice of veterinary surgery in Hong Kong is not subject to statutory regulation. However, a person who wishes to practise veterinary surgery in Hong Kong has to be a member of the Royal College of Veterinary Surgeons before he can obtain and use the antibiotics, poisons and other controlled drugs used in the profession. Despite these provisions, it is believed that there are some unqualified persons practising as veterinary surgeons in Hong Kong and that the treatment administered by such persons often causes undue suffering to animals.
The professional conduct of members of the Royal College of Veterinary Surgeons practising in Hong Kong is subject to disciplinary control by the Royal College, but the College has practical difficulties in intervening effectively from the United Kingdom in professional disputes involving the practice of veterinary surgery in Hong Kong.
It is proposed to address these problems through the establishment of a locally-based statutory regime of registration, disciplinary control and professional standards for veterinary surgeons.
The Bill provides for the setting up of a Veterinary Surgeons Board, the main functions of which will be to establish and maintain a register of registered veterinary surgeons; to set up the qualification standards for registration as a veterinary surgeon; to receive, examine, accept or reject applications for registration; and to make rules for the professional conduct and discipline of registered veterinary surgeons and deal with disciplinary offences.
The Bill provides that the Board shall consist of 10 persons to be appointed by the Secretary for Economic Services. Of these, one person will be the Chairman, six persons will be veterinary surgeons and three will be medical practitioners or pharmacists or representatives of the interests of the persons who utilize veterinary services.
The Bill restricts the use of the description "registered veterinary surgeon" to those qualified to use it and provides for criminal offences relating to false representation and practising veterinary surgery without being registered, with a maximum penalty on conviction of a fine of $100,000 and imprisonment for one year.
The proposals in the Bill will improve the quality of the veterinary services offered in Hong Kong and open the way for persons holding veterinary qualifications other than membership of the Royal College of Veterinary Surgeons to practise as veterinary surgeons in Hong Kong, subject to their qualifications being accepted by the Veterinary Surgeons Board once it is established. I commend the Bill to this Council. Thank you.
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
PUBLIC HEALTH AND MUNICIPAL SERVICES (AMENDMENT) BILL 1996
THE SECRETARY FOR RECREATION AND CULTURE to move the Second Reading of: "A Bill to amend the Public Health and Municipal Services Ordinance."
ゅ眃約冀璓勉畊ネи略笆某弄1996そ渤徖ネのカ現璹兵ㄒ
セ兵ㄒヘㄏ讽Ы盢锚睲瞶︰В┪睲苯刁笵珇のΝ睲埃瞷︽そ渤徖ネのカ現兵ㄒ材22(2)(a)(i)兵砏﹚硑Θ锚珇讽Ы璝督睲埃︓ぶ斗24玡祇硄材22(2)(a)(i)兵璹硑Θ锚珇斗ず睲埃ㄒ磅猭е睲埃锚珇祘Τ秈˙Τэ到吏挂
Question on the motion on the Second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
Resumption of Second Reading Debate on Bills
GAS SAFETY (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
BIOLOGICAL WEAPONS BILL
Resumption of debate on Second Reading which was moved on 31 January 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
INLAND REVENUE (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
INLAND REVENUE (AMENDMENT) (NO. 2) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
BUSINESS REGISTRATION (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
ESTATE DUTY (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
STAMP DUTY (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
MOTOR VEHICLES (FIRST REGISTRATION TAX) (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
AIR PASSENGER DEPARTURE TAX (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
BETTING DUTY (AMENDMENT) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
畐叭璓勉畊ネи蔼砍莉眔セЫ某や確弄臛阶セ兵ㄒ
セ兵ㄒΞ盢痴眒祙祙瞯矗蔼κだ翴炊硄щ猔祙瞯盢パ11.5%糤︓12%疭щ猔祙瞯玥パ17.5%糤︓18%
獺︗某常穦癘眔セЫせるら硄筁パ現叭矗ユ1995痴眒祙璹兵ㄒτΤ闽兵ㄒョせきるら舅厨祅㎝ネ赣兵ㄒ砏﹚い珹セщ猔祙瞯紉Μщ猔痴眒祙ぃ筁赣兵ㄒ矗の祙瞯琌11.5%の17.5%τщ猔紉Μ祙瞯玥瓃祙瞯5.75%の8.75%и-
さぱゲ斗〆穦糵某顶琿笆某タ1996痴眒祙兵璹兵ㄒ獽12%の18%穝祙瞯щ猔紉Μ痴眒祙и盢穦〆穦糵某顶琿矗Τ闽タ
谅谅畊ネ
Question on the Second Reading of the Bill put and agreed to.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
DUTIABLE COMMODITIES (AMENDMENT) (NO. 2) BILL 1996
Resumption of debate on Second Reading which was moved on 1 May 1996
畐叭璓勉畊ネи蔼砍莉眔セЫ某や確弄臛阶1996莱揭祙珇璹材2腹兵ㄒ
セ兵ㄒΞ癩現箇衡某矗蔼废祙の縐猳祙9%發硄等и笵現┎㎝场だ某癸セ兵ㄒΤぃ種ǎよΤ矪獽琌Τ闽矗蔼淮借猳祙某τ糂胺祸某盢穦〆穦糵某顶琿矗タ淮借猳糤祙某и赖叫︗某ぃ璶や赣兜タ瞶パ
材и-
癩現箇衡い矗兜搭祙㎝祙某硂ㄇ惫琁ゲ斗俱甅よΑ蹦玥и-
箇衡い璓―キ颗獽ぃ蝴莱揭祙珇祙琌祙Μ璶ㄓ方︳璸せ︓竒盽Μ5.5%某い縐猳祙糤碩琌俱甅箇衡舱Θ场だ硂兜某硈ㄤ兜祙某┮糤祙兜Μ甧砛и-
癩現崩︽箇衡某兜搭祙惫琁猳祙糤碩琌縐猳祙某糤碩璶场だ︳璸せ︓穦矗ㄑ1.7货じ肂祙Μ箇衡ず兜搭祙惫琁称セЫ某㎝穦舧τ矗搭祙惫琁膀娄琌箇衡い某场祙Μ糤珹猳祙糤常穦莉眔硄筁
材Τㄇ纯и-
き︓せ程沧穦Τ緇τ獶íτせ︓и-
盢穦眔耕箇衡︳璸緇и-
Τ糤猳祙某иゲ斗硂ㄇ妮⊿Τ沮储代瘤礛и-
き︓せ眀ヘごΤ程挡衡程穝格禜睲贰陪ボи-
程沧穦箇衡箇代Τぃぶ25货じí︓せ︓︓瞷顶琿︳璸и-
程Τ16货じ緇現┎羆秨や箇衡1,941货じ㎝羆Μ箇衡1,957货じτē硂琌璓Μやキ颗箇衡狦и-
癩現戳蹦ぃ惫琁ㄏ硂秖緇搭ぶ龟妮ぃ醇羭穦セ㎝肚笷Ч岿粇獺玠畓-
癸現┎糵稸恨瞶そ癩現獺み
材盢猳祙矗蔼9%璓琌硄等秸俱羭籔и-
蝴祙Μ龟借基㎝铆﹚祙Μㄓ方現郸琌璓τ矗蔼猳祙癸硄等紇臫獶盽淮稬环0.02κだ翴
材иフΤ场だ某闽猔猳祙秸俱穦糤カチ竒蕾璽踞ㄆ龟癸计そユ硄ㄣτēパ场だ盡ぺ狝叭А莉僚煤縐猳祙┮-
ぃ穦紇臫︓そぺ㎝砯ó縐猳秨やョ度ウ-
俱砰竒犁Θセぃゑ瞯τ某秸俱穦竒犁Θセ糤ぃ禬筁2.5%紇臫莱赣琌淮稬
材きΤ场だ某闽猔獶猭ㄏノ猳笆Τ┮糤紐納糤縐猳祙穦耎溜═óノ猳㎝穨ノ"猳"ㄢぇ丁基畉禯眖τま璓硂よ獶猭笆糤癩現箇衡ず┮そガи-
糤闽戈方さず糤睰ㄢ钉秸琩㎝磅猭癸硂よぃ猭︽и-
盢Τ闽籃玥矗蔼眏癸硂摸獶猭笆纞ノи-
箇薄鶪穦北τ某糤祙ぃ穦硂ㄇ笆┪旧璓祙Μ搭ぶ
程и璶眏秸翴癩現箇衡俱砰眔穦やτる臛阶陪ボ箇衡眔セЫ钡箇衡ず俱甅某ョ莱眔硄筁
膀瓃瞶パи辨︗某やи-
糤縐猳祙场某
畊ネи略某セЫ某俱砰硄筁セ兵ㄒ
PRESIDENT: I am afraid I have to put the question now, as the speech made by the Secretary is the final reply. That means Mrs Miriam LAU can only speak subsequently when moving her amendment at the Committee stage.
Question on Second Reading of the Bill put.
Voice vote taken.
THE PRESIDENT said he thought the "Ayes" had it.
Mrs Miriam LAU claimed a division.
PRESIDENT: Council shall proceed to a division.
PRESIDENT: I would like to remind Members that they are now called upon to vote on the question of the Second Reading of the Dutiable Commodities (Amendment) (No. 2) Bill 1996. Will Members please register their presence by pressing the top button in the voting units and then proceed to vote by pressing one of the three buttons below?
PRESIDENT: Before I declare the result, are there any queries? I think we are two short of the head count. Are there any queries? The result will now be displayed.
Mr Martin LEE, Mr SZETO Wah, Dr LEONG Che-hung, Mr Albert CHAN, Mr CHEUNG Man-kwong, Mr Michael HO, Dr HUANG Chen-ya, Miss Emily LAU, Mr LEE Wing-tat, Mr Eric LI, Mr Fred LI, Dr Samuel WONG, Dr Philip WONG, Dr YEUNG Sum, Mr WONG Wai-yin, Mr LEE Cheuk-yan, Mr CHAN Kam-lam, Mr CHAN Wing-chan, Miss CHAN Yuen-han, Mr Andrew CHENG, Mr Paul CHENG, Mr CHENG Yiu-tong, Dr Anthony CHEUNG, Mr CHEUNG Hon-chung, Mr CHOY Kan-pui, Mr Albert HO, Mr IP Kwok-him, Mr LAU Chin-shek, Dr LAW Cheung-kwok, Mr LAW Chi-kwong, Mr Bruce LIU, Mr MOK Ying-fan, Miss Margaret NG, Mr NGAN Kam-chuen, Mr SIN Chung-kai, Mr TSANG Kin-shing, Dr John TSE and Mrs Elizabeth WONG voted for the motion.
Mr Allen LEE, Mrs Selina CHOW, Mr Edward HO, Mr Ronald ARCULLI, Mrs Miriam LAU, Mr CHIM Pui-chung, Mr Henry TANG, Mr James TIEN and Mr YUM Sin-ling voted against the motion.
THE PRESIDENT announced that there were 38 votes in favour of the motion and nine votes against it. He therefore declared that the motion was carried.
Bill read the Second time.
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
Committee Stage of Bills
Council went into Committee.
GAS SAFETY (AMENDMENT) BILL 1996
Clauses 1 to 7 were agreed to.
BIOLOGICAL WEAPONS BILL
Clauses 1, 2, 3, 4 and 6 were agreed to.
Clause 5
SECRETARY FOR SECURITY: Mr Chairman, I move that clause 5 be amended as set out in the paper circularized to members.
The amendment put forward is technical in nature. It aligns clause (5)(1)(a) with most of the similar provisions in other legislation in relation to search warrants.
Mr Chairman, I beg to move.
Proposed amendment
Clause 5
That clause 5(1)(a) be amended, by deleting ", at any time within one month from the date of the warrant,".
Question on the amendment proposed, put and agreed to.
Question on clause 5, as amended, proposed, put and agreed to.
INLAND REVENUE (AMENDMENT) BILL 1996
Clauses 1 to 12 were agreed to.
INLAND REVENUE (AMENDMENT) (NO. 2) BILL 1996
Clauses 1 to 2 were agreed to.
BUSINESS REGISTRATION (AMENDMENT) BILL 1996
Clauses 1, 2 and 3 were agreed to.
ESTATE DUTY (AMENDMENT) BILL 1996
Clauses 1 to 17 were agreed to.
STAMP DUTY (AMENDMENT) BILL 1996
Clauses 1 and 2 were agreed to.
MOTOR VEHICLES (FIRST REGISTRATION TAX) (AMENDMENT) BILL 1996
Clauses 1 to 8 were agreed to.
AIR PASSENGER DEPARTURE TAX (AMENDMENT) BILL 1996
Clauses 1 and 2 were agreed to.
BETTING DUTY (AMENDMENT) BILL 1996
Clause 1 was agreed to.
Clause 2
畐叭璓勉畊ネи略笆某ㄌ酚矗ユ︗某肚綷ゅン┮更矗某タ兵ㄒ材2兵Τ闽タΞ盢痴眒祙矗蔼κだ翴穝祙瞯Τ闽щ猔紉Μ痴眒祙
畊ネи略矗某
Proposed amendment
Clause 2
That clause 2 be amended, by deleting paragraphs (a) and (b) and substitute
"(a) in paragraph (a) -
(i) by repealing "11.5%" and substituting "12%";
(ii) by repealing "5.75% of the amount of every such bet" and substituting "one half of that rate";
(b) in paragraph (b) -
(i) by repealing "17.5%" and substituting "18%";
(ii) by repealing "8.75% of the amount of every such bet" and substituting "one half of that rate"."
Question on the amendment proposed, put and agreed to.
Question on clause 2, as amended, proposed, put and agreed to.
DUTIABLE COMMODITIES (AMENDMENT) (NO. 2) BILL 1996
Clause 1 was agreed to.
Clause 2
〆糂胺祸某璓勉畊ネи笆某タ1996莱揭祙珇璹材2腹兵ㄒ材2兵埃2(b)兵蹿
畊ネ現┎硓筁祙Μ糤畐┬Μセㄓ礚玴獶瞷翠竒蕾ぃ春吏挂現┎紉祙兜碞ゲ斗疭み癸êㄇ犁笲薄鶪疭畉︽穨現┎莱赣蹦砰篈ぃ莱硓筁祙Μ钡┪丁钡-
璽踞現┎某硄等瞯矗蔼═猳のㄤ阂睟猳摸縐猳祙9%и穦矗某埃兵ㄒ材2兵2(b)兵蹿盢淮借猳蝴瞷︽祙瞯–そど2.65じぃ筁иぃ穦は癸ㄤ縐猳祙現┎某祙瞯秸ど
毖現癩現箇衡ンい嘲笲块穨セネ玻羆2.8%瘤礛嘲笲块癸穦チネ︓セ翠竒蕾羭ì淮τ戳笲块穨礚阶琌砯笲┪ぺА癸ネ種典罽挂現┎ぃ⊿Τ琁穿もはτ撤流-
"秨"パ笲块穨い场だó进常琌ㄏノ猳糤猳祙兜穦犁笲璽踞
ㄆ龟猳そ–Ω常Θセ害瞶パ杠碞る︓さる硈現┎る糤縐猳祙猳るぇず基Ω瘤礛猳そㄤが丁坝穨膙"は盽"盢猳–そど秸睝猳基﹍沧蔼–そど6.16じτ猳そョぃ耞眏秸戳猳Θセ基ぃ耞ど猳そ繦常穦確"タ盽"碩矗蔼猳基竒蕾絯薄鶪ネ種竒螟暗Τ砯ó诀澄基ネ種Τ诀搭基
ぺㄒ狦沮瞷︽某盢猳縐猳祙矗蔼9%パ–そど2.65じ糤︓2.89じ诀–ぱ40ど猳玥惠じ縐猳祙る碞琌300じτぺ诀–ぱ80ど猳玥惠20じる玥琌600じ竒蕾絯薄鶪硂癸方ぃì犁穨ó礚好穦硑Θ↖璽踞
沮︓き猳揭祙秖︳璸セ翠猳ó–货κ窾ど猳璝计把σ糤猳祙9%盢畐┬糤货κ窾じ祙Μ礛τセ翠窾场のκ场ぺ货きκ窾ど猳虫琌のぺ┯踞猳祙
璝現┎ぃ到а杠穦癘眔秨﹍搭淮盡ぺ基溃現┎僚碭丁ぺそ縐猳祙妓琌狝叭渤㎝ぺ玥⊿Τヴ︙纔磃現┎礚好琌玴痢┘
环ㄓ弧犁穨ó进ョパΘセ害τビ叫基┪糤Μ笲禣┮┯踞祙兜程沧ョ穦锣儿︓カチō癩現弄ㄤ癩現箇衡硄等瞯秸俱═猳のㄤ阂睟猳祙琌続讽暗猭癩現┮孔"続讽暗猭"琌"ㄒ礟"硄等ㄤ阀ぃ瞶穨ずи笲块穨Μセ發ぃ硄等︓瞷璽糤薄鶪珿翠┎σ納糤縐猳祙ョ斗臮のセ翠竒蕾吏挂の穨ず犁笲┯踞琌続讽暗猭
糤猳縐猳祙獶猭ㄏノ"猳"穨ノ猳沮计闽き︓せ11るΘ浪莉120窾そどゼЧ祙猳耕︓き蔼50窾そどτ丁ホ猳そョパるら癬羛もゴ阑獶猭ㄏノのǐ╬"猳"陪ボ獶猭砪芥のㄏノ"猳"薄鶪瞫见璝翠┎種﹖︽盢猳縐猳祙矗蔼9%硂穦耎猳の獶猭"猳"扳基畉禯场だ竒犁搭Θセや穦鑟τǐ繧獶猭ㄏノ"猳"ㄏ畐┬猳祙よΜぃ糤は搭и荡癸ぃ觅Θヴ︙笻猭︽иぃ腀ǎΤ璶ネ璸τデ猭
翠┎Τゲ璶眏苯亢獶猭"猳"埃ぇョ璶σ納︙搭猳の獶猭"猳"扳基畉禯搭獶猭ㄏノ"猳"ま讽礛猳基ぃ現┎北祙Μ玥現┎磝搐ぇい璝現┎秸縐猳祙玥罽ㄢ畉禯
畊ネ琂礛現┎癸笲块穨璚鶪陪礛礚笆癑砫ヴ碞辅︗某ōи辨︗ㄆ砰穨ず犁笲螟やセ祔矗タ
セ略朝勉
Proposed amendment
Clause 2
That clause 2 be amended, by deleting sub-clause (2)(b).
Question on the amendment proposed.
〆某璓勉畊ネ幅ミ初琌は癸ヴ︙ゴ阑チネ禣さΩ糤縐猳祙ㄤ龟籔ㄤ禣妓穦紇臫チネ糂胺祸某竒酵の贺紇臫
材祙犁穨ó诀﹚穦糤やの-
犁笲Θセ翠犁穨ó诀Τ疭ぇ矪碞琌-
计⊿Τ骋戈闽玒┮⊿Τ沟穦蠢-
┯踞縐猳祙τ璶パ-
︑︽璽砫传ēぇ┮Τó㎝诀ネ璸常穦縐猳祙糤τ紇臫硂琌兜ゴ阑チネ惫琁糷硂兜惫琁穦ゴ阑チネê碞琌狦ó㎝诀┯踞ぃ杠-
穦盢祙锣儿笲禣硂礚好琌锣儿禣㎝禣珇程沧穦ま祇硄等
砛產常穦癘眔るらセЫ纯竒硄筁兜某璶―挡┮Τ禣讽礛êΩ臛阶ぃ囊Τぃ種ǎㄤ龟┮Τ囊某祇ē常Τ硄翴碞琌璶―挡┮Τ紇臫チネ禣さΩ祙惫琁ㄤ龟┦借籔禣Ч⊿Τだ狦и-
るら硄筁兜挡紇臫チネ禣某и谋眔さΩ縐猳祙癚阶и-
⊿Τ瞶パぃ硄筁糂胺祸某タ
и產㊣苸辨︗や糂胺祸某タ
〆独綺笽某璓勉畊ネ糂胺祸某タ琌埃糤淮借猳祙兵ゅτぃ琌埃癸┮Τ縐猳祙
タ狦琌穦ㄤ縐禥τ猳基癸ㄤ縐猳玥и-
笵猳癸吏挂┮硑Θγ琕の穕甡カチ胺眃瞷钡繧娩絫и-
莱赣躬纘搭ぶノ猳
猳基癸穦躬纘カチㄏノ猳τぃ琌躬纘-
搭ぶㄏノ猳猳ㄏノ窥ㄤカチ玱璶吏挂γ琕┮盿ㄓ贺贺基搭猳祙程妓穦糤チネ璽踞礚阶眖吏玂┪眖チネàи-
常谋眔ぃや硂兜タ
ㄤ龟產莱赣笵场だカチ常琌穎そぺτぺ縐猳琌祙┮祙惫琁癸计ユ硄ㄣㄏノ⊿Τ紇臫
猳琌ぺ㎝砯óó㎝诀坝穨笆场だΘセㄆ龟ó耕縐猳禥τ猳そ基┕┕蹦璓︽笆и粄礟禣のó进ㄑ莱秖穦紇臫óэ到礟禣のó进ㄑ莱秖糤縐猳カ初膙ゴ瘆胋耞癸诀竒犁Τチ囊闽猔硂摸腨拜肈и辨產珹糂胺祸某穦籔и-
癬戳э到硂ㄇ穦紇臫诀のó
程︑パ囊弄癸硂兵ㄒщは癸布ㄏи稰獶盽敢钵传ēぇ-
癸紉Μ废祙ぃ觅Θ-
琌盢废癸カチ胺眃璽紇臫竚窖ぃ瞶и辨糂胺祸某氮硂翴糂胺祸某祇ē﹡礛弧ぃは癸ㄤ縐猳祙祏祏计だ牧ず焊は焊ア拘龟稰獶盽敢钵
〆朝胞糭某璓勉畊ネ羛穦㎝チ羛癸硂Ω現┎紉ΜΤ闽縐禣ノи-
Τㄇ種ǎи-
谋眔瘤礛硂Ω糤琌疉の猳龟悔硂穦糤穨ず竒犁禣ノи-
箇硂ㄇ禣ゲ礛穦锣儿︓蒥チō
材ぃぶ竒犁㎝诀セō常琌︑沟タ某┮弧-
骋戈闽玒薄鶪ぃ钩ㄤ︽穨穦Τ蠢-
┯踞禣ノ┮硂ㄇ︑沟癸ㄓ弧常琌"ゴ"さぱ硂妓竒蕾吏挂狦и-
觅Θ現┎禣癸-
ㄓ弧礚好琌ゴ阑
и︑ョ獶盽跌吏玂ぃ筁и癘眔ミ猭Ыさず纯碞Τ闽猳の═猳拜肈秈︽臛阶讽Ыず常睲贰ボи-
⊿Τ厩沮弧猳の═猳紇臫蒥チよだ┮и谋眔и-
ぃ璶び猌耞弧街癸街岿
羛穦㎝チ羛穦やタ
MRS SELINA CHOW: Mr Chairman, Dr HUANG just now questioned the wisdom behind the Liberal Party's move to oppose the Second Reading of the Bill and Mrs LAU's present move to agree to the Committee stage of the Bill in order to move an amendment. I shall leave it to Mrs LAU to explain her own action for herself. But I would like to put it clearly in response to Dr HUANG's question as to why the Liberal Party has in fact voted against the Second Reading of the Bill. In fact, our position has always been very clear. But since Dr HUANG questioned, I feel duty-bound to explain it to him.
The Liberal Party stands opposed to any move on the part of the Government that would have an inflationary effect on the retail market and would deal a blow to consumer's confidence generally at a time when consumer confidence is already very fragile.
Specifically, Dr HUANG referred to tobacco duty. Again, I would like to remind him that, in fact, in this Chamber we have thoroughly debated the question of how the economy of Hong Kong stands at the moment and what assistance we need. During that debate, our position on the situation of the tobacco trade has also gone into great detail, in the sense that it is very clear that the smuggling of tobacco or cigarettes is very blatant at the moment. The Government's estimate has already indicated that 300 million pieces of cigarettes would be seized by Customs and Excise in 1996. And the trade estimates that for every piece of cigarette seized, 17 would slip through the net. In other words, smugglers would enjoy a turnover of $2.5 billion. Any more increase in duty would not benefit the Treasury but rather the pockets of the criminal elements who are operating the syndicates. So, I would just remind Dr HUANG, in case it escapes his memory, of the Liberal Party's position.
Thank you, Mr Chairman.
畐叭璓勉畊ネ矗確弄臛阶兵ㄒ簍勉ずи竒矗のさΩ某糤縐猳祙癸硄等笲块穨㎝獶猭笆单紇臫иぃ稱狡阶沮ぃ筁Τ某矗Μ禣㎝祙Μ拜肈и谋眔Τ翴眔и-
疭だ猂Μ禣琌狝叭ㄏノ┮斗やτ祙Μ琌現┎矗ㄑ兜狝叭珹褐毙▅㎝玂单┮и粄ㄢぃ睼酵
俱癩現箇衡ずи-
σ納祙Μ场だㄤい璶ヘ夹碞琌辨俱砰笷Μやキ颗狦Τ搭祙惫琁场だ莉眔硄筁τ祙惫琁场だ玥綝∕и-
箇衡ず璓―キ颗碞穦瘆胊
砛產常穦癘眔ンㄆ碞琌糤縐猳祙惫琁さるせら癩現箇衡そガ竒硓筁そΜ玂毁ぉ龟琁赣兜惫琁︓さ弧琌炊筂穦钡и籔碈ざ┪よ钡牟⊿Τ眔ヴ︙陪は莱ボи-
硂暗猭ぃ瞶и赖叫︗某やセ兵ㄒ硂琌俱甅癩現箇衡ぃ┪场だ
〆糂胺祸某璓勉畊ネи稱莱独綺笽某矗拜肈︙иぃは癸ㄤ祙兜糤琌は癸糤猳祙τ兵ㄒ弄ぃぉやタタ兵ㄒ弄珹и︑程は癸糤猳祙兜ヘ┮癸俱兜兵ㄒи常ぃ镑や狦и〆穦糵某顶琿矗タㄆ兜ぃΘ硄筁杠传杠弧狦兵ㄒご礛珹и程は癸糤猳祙ê场だ杠и兵ㄒ弄ご礛穦は癸俱兵兵ㄒ瘤礛膀セиぃは癸糤废祙ぃは癸糤ㄤ縐猳祙パ兵ㄒご礛珹и程は癸兜ヘ┮и笹礚ー璶は癸俱兵兵ㄒ
畊ネ笲块璚鶪眔ぃ闽猔チネ某疭琌チ囊某闽猔独綺笽某竒チ囊祇-
種ǎ╯澈チ囊琌痷闽猔チネ-
琌痷薄临琌安種㎡獺產常穦癘拘礢穝某矗虫ヲ昂某さる矗某璶―挡┮Τそㄆ穨Μ禣某玡矗琌パ硄等蔼ア穨瞯尿ど㎝現┎Τ秖緇㎝纗称璶―挡êㄇ籔チネΤ闽兜ヘ讽チ囊绊獺硂妓暗穦搭淮蒥チ↖ネ璽踞さぱи矗硂兜タタタ琌籔穦渤ら盽ネ闽ヘ琌搭淮蒥チネ璽踞и-
眖糷ㄓ糤猳祙︙钡┪丁钡紇臫チネ
材糷琌"ゴ"現┎糤Μ猳祙甡琌ぺ┪砯ó诀パó琌㏕﹚═猳禣ノ斗パ诀璽砫┮糤猳祙穦パ诀┯踞秈τゴ阑诀ネ璸材糷琌ó笲块︽穨いぃぶ犁笲琌诀琌óㄑó穦ó埃ó倒ㄤ︑┕┕临璶暗緄ヾㄠ-
常琌蒥チ獶坝產狦瓃ㄢ糷常ぃ才チ囊癸チネ┮﹚竡и稱材糷琌チ囊﹚ぃ穦は癸ê碞琌炊霉渤炊霉渤ぃ穦ぱぱ穎-
穦竒盽穎ぺ㎝盡帹ぺ糤縐猳祙穦糤㎝ぺ基溃糤Θセ繷ㄓ穦锣儿蒥チō
и稱拜チ囊某狦硂妓ごゼ衡疉のチネ︙孔"チネ"㎡チ囊┮购だチネ琌Ыゴ㎝暗ρ馏だ┪琌"簎即逗"㎝"辰即逗"だ︓琌⊿Τ窥秨逗㎝Τ窥秨逗だ"ゴ"ア穨⊿Τ逗秨チ囊穦-
叫㏑暗ρ馏羮璚竒犁璶"簎即逗"チ囊琌ぃ瞶硂ㄇ㎡纯碭︙虫ヲ昂某チ囊辨ㄤ某船斌Θǎや某霍щ觅Θ布さぱи矗妓㊣苸辨チ囊镑船斌Θǎ疭琌癸チネ猭やи某霍щ觅Θ布
程и稱莱翴碞琌独綺笽某矗のγ琕琌パ猳硑Θ┮и-
ぃ莱ゎ猳祙糤9%τ莱赣琵ウぃ筁独綺笽某Ч⊿Τ钮и簍勉ず┮矗и矗硂兜某璶―ぃ璶糤猳祙9%タタ琌吏玂︽獶猭ㄏノ"猳"薄鶪瞷だ瞫见τ"猳"琌ぃ吏玂┮и-
莱赣砞猭ゎ砪芥獶猭"猳"ㄤいよ猭碞琌盢"猳"㎝猳基┰獶猭"猳"まぃ穦デ猭硂ョ吏玂種醚ずぃ筁独綺笽某稱猳穦γ琕吏挂τ璶籃иぃ琌硂種盢猳㎝吏玂┰闽玒τや9%糤碩硂種﹚璶ゴ猳ó﹚璶ノㄤよ猭蠢猳ó
谅谅畊ネ
Question on the amendment put.
Voice vote taken.
THE CHAIRMAN said he thought the "Noes" had it.
Mrs Miriam LAU claimed a division.
CHAIRMAN: Committee will proceed to a division.
CHAIRMAN: I would like to remind Members that they are now called upon to vote on the question that the amendment to clause 2 moved by Mrs Miriam LAU be approved. Will Members please first register their presence by pressing the top button and then proceed to vote by pressing one of the three buttons below?
CHAIRMAN: Before I declare the result, Members may wish to check their votes. Are there any queries? The result will now be displayed.
Mr Allen LEE, Mrs Selina CHOW, Mr Edward HO, Mr Ronald ARCULLI, Mrs Miriam LAU, Mr CHIM Pui-chung, Mr Henry TANG, Mr James TIEN, Mr LEE Cheuk-yan, Mr CHAN Kam-lam, Mr CHAN Wing-chan, Miss CHAN Yuen-han, Mr CHENG Yiu-tong, Mr CHEUNG Hon-chung, Mr CHOY Kan-pui, Mr IP Kwok-him, Mr LAU Chin-shek, Mr LEUNG Yiu-chung, Mr NGAN Kam-chuen and Mr YUM Sin-ling voted for the amendment.
Mr Martin LEE, Mr SZETO Wah, Dr LEONG Che-hung, Mr Albert CHAN, Mr CHEUNG Man-kwong, Mr Michael HO, Dr HUANG Chen-ya, Miss Emily LAU, Mr LEE Wing-tat, Mr Eric LI, Mr Fred LI, Dr Samuel WONG, Dr Philip WONG, Dr YEUNG Sum, Mr WONG Wai-yin, Miss Christine LOH, Mr Andrew CHENG, Mr Paul CHENG, Dr Anthony CHEUNG, Mr Albert HO, Mr LAW Chi-kwong, Miss Margaret NG, Mr SIN Chung-kai, Mr TSANG Kin-shing, Dr John TSE and Mrs Elizabeth WONG voted against the amendment.
Dr LAW Cheung-kwok, Mr Bruce LIU and Mr MOK Ying-fan abstained.
THE CHAIRMAN announced that there were 20 votes in favour of the amendment and 26 votes against it. He therefore declared that the amendment was negatived.
CHAIRMAN: As the amendment to clause 2 moved by Mrs LAU has been negatived, I now but the question to yu and that is: That clause 2 stand part of the Bill.
Question on clause 2 proposed, put and agreed to.
Council then resumed.
Third Reading of Bills
THE SECRETARY FOR ECONOMIC SERVICES reported that the
GAS SAFETY (AMENDMENT) BILL 1996
had passed through Committee without amendment. He moved the Third Reading of the Bill.
Question on the Third Reading of the Bill proposed, put and agreed to.
Bill read the Third time and passed.
THE SECRETARY FOR SECURITY reported that the
BIOLOGICAL WEAPONS BILL
had passed through Committee with amendment. He moved the Third Reading of the Bill.
Question on the Third Reading of the Bill proposed, put and agreed to.
Bill read the Third time and passed.
PRESIDENT: For the nine budget/revenue-related Bills, may I suggest the Secretary for the Treasury move three motions. The first would cover the first seven, which passed through Committee without amendment. The second on the Betting Duty (Amendment) Bill 1996 which passed through Committee with amendment. And the last, the Dutiable Commodities (Amendment) (No. 2) Bill 1996, which although passed through Committee without amendment, however since there was some controversy, I think it is safer to take it on a separate motion.
THE SECRETARY FOR THE TREASURY reported that the
INLAND REVENUE (AMENDMENT) BILL 1996
INLAND REVENUE (AMENDMENT) (NO. 2) BILL 1996
BUSINESS REGISTRATION (AMENDMENT) BILL 1996
ESTATE DUTY (AMENDMENT) BILL 1996
STAMP DUTY (AMENDMENT) BILL 1996
MOTOR VEHICLES (FIRST REGISTRATION TAX) (AMENDMENT) BILL 1996 and
AIR PASSENGER DEPARTURE TAX (AMENDMENT) BILL 1996
had passed through Committee without amendment. He moved the Third Reading of the Bills.
Question on the Third Reading of the Bills proposed, put and agreed to.
Bills read the Third time and passed.
THE SECRETARY FOR THE TREASURY reported that the
BETTING DUTY (AMENDMENT) BILL 1996
had passed through Committee with amendment. He moved the Third Reading of the Bill.
Question on the Third Reading of the Bill proposed, put and agreed to.
Bill read the Third time and passed.
THE SECRETARY FOR THE TREASURY reported that the
DUTIABLE COMMODITIES (AMENDMENT) (NO. 2) BILL 1996
had passed through Committee without amendment. He moved the Third Reading of the Bill.
Question on the Third Reading of the Bill proposed, put and agreed to.
Bill read the Third time and passed.
ADJOURNMENT AND NEXT SITTING
PRESIDENT: In accordance with Standing Orders, I now adjourn the Council until 2.30 pm on Wednesday, 22 May 1996.
Adjourned accordingly at ten minutes to Five o'clock.
LEGISLATIVE COUNCIL - 15 May 1996
16
ミ猭Ы せきるきら
LEGISLATIVE COUNCIL - 15 May 1996
15
ミ猭Ы せきるきら