HONG KONG LEGISLATIVE COUNCIL—19th August 1970. 827
OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 19th August 1970
The Council met at half past Two o'clock
[MR PRESIDENT in the Chair]
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR DAVID CLIVE CROSBIE TRENCH, GCMG, MC
THE HONOURABLE THE COLONIAL SECRETARY (Acting)
MR DAVID RONALD HOLMES, CMG, CBE, MC, ED, JP
TRE HONOURABLE THE ATTORNEY GENERAL (Acting)
MR GRAHAM RUPERT SNEATH, QC, JP
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS (Acting) MR DENIS CAMPBELL BRAY, JP
THE HONOURABLE THE FINANCIAL SECRETARY
SIR JOHN SAMES COWPERTHWAITE, KBE, CMG, JP
THE HONOURABLE ROBERT MARSHALL HETHERINGTON, DFC, JP COMMISSIONER OF LABOUR
THE HONOURABLE DAVID RICHARD WATSON ALEXANDER, MBE, JP DIRECTOR OF URBAN SERVICES
THE HONOURABLE DONALD COLLIN CUMYN LUDDINGTON, JP DISTRICT COMMISSIONER, NEW TERRITORIES
THE HONOURABLE JOHN CANNING, JP
DIRECTOR OF EDUCATION
DR THE HONOURABLE GERALD HUGH CHOA, JP
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE PAUL TSUI KA-CHEUNG, OBE, JP
COMMISSIONER FOR RESETTLEMENT
THE HONOURABLE RICHARD CHARLES CLARKE, ISO, JP
DIRECTOR OF PUBLIC WORKS (Acting)
THE HONOURABLE KAN YUET-KEUNG, CBE, JP
THE HONOURABLE WOO PAK-CHUEN, OBE, JP
THE HONOURABLE SZETO WAI, OBE, JP
THE HONOURABLE WILFRED WONG SIEN-BING, OBE, JP
THE HONOURABLE ELLEN LI SHU-PUI, OBE, JP
THE HONOURABLE WILSON WANG TZE-SAM, JP
THE HONOURABLE HERBERT JOHN CHARLES BROWNE, JP
THE HONOURABLE LEE QUO-WEI, OBE, JP
THE HONOURABLE OSWALD VICTOR CHEUNG, QC, JP
THE HONOURABLE ANN TSE-KAI, OBE, JP
ABSENT
THE HONOURABLE DAVID HAROLD JORDAN, MBE, JP
DIRECTOR OF COMMERCE AND INDUSTRY (Acting)
DR THE HONOURABLE CHUNG SZE-YUEN, OBE, JP
THE HONOURABLE GERALD MORDAUNT BROOME SALMON, JP THE HONOURABLE LO KWEE-SEONG, JP
IN ATTENDANCE
THE DEPUTY CLERK OF COUNCILS
MR RODERICK JOHN FRAMPTON
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Affirmation
MR R. C. CLARKE made the Affirmation of Allegiance and assumed his scat as a Member of the Council.
HIS EXCELLENCY THE PRESIDENT: —May I welcome Mr CLARKE to this Council.
Papers
The following papers were laid pursuant to Standing Order No 14(2): — Subject LN No
Subsidiary Legislation: —
Public Health and Urban Services Ordinance.
Food and Drugs (Composition and Labelling)
(Amendment) Regulations 1970 ...................... ...... 116
Legal Practitioners Ordinance.
Students (Amendment) (No 2) Rules 1970 .................... 117
British Nationality (Miscellaneous Provisions) Ordinance.
British Nationality (Miscellaneous Provisions) Ordinance
(Amendment of Schedule) Order 1970 ................. 119
Immigration (Control and Offences) Ordinance.
Immigration (Control and Offences) (Amendment)
Regulations 1970......................................... .......... 120
Resettlement Ordinance.
Resettlement (Amendment) (No 2) Regulations 1970 121
Public Health and Urban Services Ordinance.
Public Conveniences (Charges) (Amendment) (No 3)
Order 1970 ...................... ...................... ................ 122
Supreme Court Ordinance.
Supreme Court Fees (Amendment) Rules 1970 .............. 123
Theft Ordinance.
Theft Ordinance 1970 (Commencement) Notice 1970 124 Sessional Papers 1969-70: —
No 59—Annual Report by the Chairman, Urban Council and Director of Urban Services for the year 1969-70 (published on 19.8.70).
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Subject
No 60—Annual Report of the Hong Kong Export Credit Insurance Corporation for the year 1969-70 (published on 19.8.70).
No 61—Annual Report of the Police Children's Education Trust and the Police Education and Welfare Trust for the year 1969-70 (published on 19.8.70).
Oral answers to questions
Wider use of the Chinese language
1. MR Q. W. LEE asked: —
In view of the recent public discussion on the use of Chinese as an official language, will the Government make a statement
(a) on the progress in recent years of the wider use of Chinese in communication between the public and Government, and
(b) what steps have been taken in the training of translation and interpretation for the two languages both in the civil service and Government schools?
THE ACTINCY COLONIAL SECRETARY (MR D. R. HOLMES): —Sir, it is the Government's policy to use the Chinese language whenever this is necessary or helpful in official communications with the public, both written and spoken. All departments are regularly reminded of this policy and the use of the Chinese language is now already very extensive.
Almost all Government forms are now bilingual. Letters may be addressed to any department in either language and all letters receive the same attention whichever language is used. Replies to Chinese letters are normally written in Chinese or are accompanied by Chinese translations. The only exceptions to this arise when the correspondence is highly technical; and in such circumstances the addressees are invited to contact the department concerned if they need further explanation or clarification.
All press releases and official public statements are made in both languages, most reports of committees etc. are translated into Chinese if they are at all of general interest and all important speeches are translated. Letters to the press are answered, when they call for an
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[THE ACTING COLONIAL SECRETARY] Oral Answers
answer, no matter whether they appear in the Chinese—language or the English language newspapers.
For more than a year now, Sir, the explanatory memoranda attached to all bills and regulations have been translated. When legislation is of particular importance, explanatory booklets in Chinese are produced. Sometimes a whole bill is translated, although experience does not indicate that there is much demand for this. Important gazette notices such as tender and reclamation notices are also translated.
I turn now to the question of training in translation and interpretation. The specialist grade of Interpreter/Translator forms the basis of Government's translation and interpretation services. The conditions of service and the structure of this grade have recently been reviewed and recommendations made which take full account of the responsibilities of the grade and of the need to attract the right type of candidate to the grade. I hope we shall shortly be able to put forward proposals to the Finance Committee of this Council in this connexion.
Consideration is also being given to the possibility of setting up a new central organization to administer the Interpreter/Translator Grade as well as improving the style and technique of translation.
My honourable Friend also asked what is being done in Government schools. The position here is that both in Government schools and also in the larger Government-aided sector the teaching of English is receiving increased attention. Schools, however, are not so much concerned with teaching the specialized techniques of interpretation and translation as with the improvement of standards in the English language as a whole. By this means it is hoped that the need for translation and interpretation might be reduced. In addition to the teaching of English in secondary schools it is also the policy of the Education Department to encourage the spread of English teaching in primary schools, where it is generally provided from the Primary 3 level.
MR LEE: —Sir, may I ask whether there is any intention by Government to use Chinese as an official language in due course?
THE ACTING COLONIAL SECRETARY (MR HOLMES): —Sir, we are not clear what precisely is meant by the term "official language" or indeed whether it has any precise meaning. It is our policy to use the Chinese language, written and spoken, as a means of communication with the public at large, and with individual citizens, whenever and
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wherever this is necessary for the greater convenience of the public or for the safeguarding of individual rights or generally for good administration. This is by no means a new policy but its application is being constantly developed and improved, as I tried to indicate in my answer to the original question. So far as the spoken language is concerned the application of this policy is not confined to the use of the Cantonese dialect but includes the use, when the convenience of the public requires this, of the Shanghai and Chiu Chow dialects and of the Hakka dialect, especially in the New Territories, and also of other dialects less commonly used in Hong Kong.
I would have thought that the adoption of this policy, involving as it does very widespread official use of the Chinese written language and of a number of Chinese dialects, amounts for all practical and commonsense purposes to its acceptance as an official language. But I must add that we would not accept the delays and complications and expense which would follow on the introduction of unnecessary translation and interpretation services for doctrinaire reasons. We could not accept, for instance, bilingual versions of legislation or of highly technical documents, partly because there is no practical demand for these and partly because experience shows that one version would in any case have to prevail. It is of interest here that in Singapore, which has one national language and four official languages, whilst the water bills, for example, are sent out in all four official languages, the laws are promulgated in English only with explanatory notes in the other three official languages, just as we publish the explanatory notes in the Chinese language.
To sum up, Sir, it is already our aim to use the Chinese language for official purposes in all circumstances where the convenience of the public requires this, and we shall welcome any suggestions for the fuller achievement of this aim. If the adoption of Chinese as an official language means something substantially different from this, we would first wish to know precisely what the difference is.
Hire purchase legislation
2. MR P. C. WOO asked: —
Is Government contemplating legislation on hire-purchase?
THE ACTING ATTORNEY GENERAL (MR G. R. SNEATH): —Sir, in the Budget Debate in 1967 my honourable Friend, Mr WOO expressed the view that it was important that we should have hire purchase law to regulate this form of business here in Hong Kong. Having looked into the matter, Government formed the view that the introduction of such
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[THE ACTING ATTORNEY GENERAL] Oral Answers
legislation would be justified if there were evidence of malpractice or exploitation from which the public required protection. Early in 1968 the Attorney General wrote to my honourable Friend to the effect that as things then stood a case for legislative control on this basis had not been made out.
I would like, Sir, to expand briefly on this. During 1967 a Committee appointed by the Law Society considered this problem, and it reached the unanimous conclusion that no such legislation was required. I would like to take this opportunity of paying tribute to that body for undertaking this task in the public interest.
In considering the need for this legislation there were two aspects concerning which some information did come to light. First; one of the reasons for introducing legislation in England was the hardship caused to some purchasers who fell behind in the payments of their instalments. As the law stood, prior to 1938, I think it was, the hire purchase firms could take action in the Courts to recover not only the goods themselves but also all outstanding instalments. This was something which has long been recognized as unethical in the hire purchase business. When enquiry was made in 1967 it was established that there was no record in any of our Courts of a judgment being given for both the goods and for all outstanding instalments. It seemed, therefore, at that time any way, the purchasers were not suffering from this.
It was also ascertained that in almost every case where reports were made to the Police these came from the hire purchase companies themselves and not the purchasers. The companies were seeking to trace the purchasers who had fallen into arrears and were no longer to be found at their addresses on the files of the company. This seemed to suggest that perhaps it was the hire purchase companies in need of protection and not the purchasers.
But, Sir, honourable Members will appreciate of course that hire purchase legislation is primarily for the protection of the purchaser, and the need for this is brought about by the malpractices and oppressive agreements to which I referred. If these are not common in Hong Kong, then perhaps it could be argued that we might be better off without this legislation because, Sir, the effect of bringing in provisions which the companies have to comply with could well have the effect of increasing the overheads of those companies; and as we all know, such overheads have a habit of being passed on to the purchasers.
As I have said, Sir, the last time that Government looked into these matters was during 1967 and early 1968. Since then, in fact in 1968, Singapore enacted its hire purchase legislation. This goes somewhat
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further than the legislation in England; for example it enables the purchaser to pay off the balance of the instalments and acquire property in the goods at an earlier date than that provided for in the agreement.
Naturally, Sir, Government would be concerned if evidence should come to light now that there were malpractices and oppressive agreements from which the public needed protection. There is, however, Sir, at the moment no plan to draw up draft legislation on this subject.
MR WOO: —Sir, prevention is better than cure. I do not agree with my honourable Friend that there must be cases of malpractice before we legislate. There is in fact in Hong Kong a very wide practice in hire purchase from air conditioning down to washing machines and all other articles of household use. I think that it is time we should consider legislating for hire purchase.
HIS EXCELLENCY THE PRESIDENT: —What is your question, Mr WOO?
MR WOO: —Sir, my question is that we should legislate for hire purchase now.
HIS EXCELLENCY THE PRESIDENT: —But what is your question, Mr. WOO?
MR WOO: —My question is whether Government will reconsider the drawing up of hire purchase legislation because of the fact that it is not necessary to have evidence of malpractices before we legislate?
THE ACTING ATTORNEY GENERAL (MR SNEATH): —I don't think, Sir, with respect, that there was anything in the supplementary which I haven't already covered in the first answer.
Traffic congestion at the junction of Stubbs and
Wong Nei Chong Gap Roads
3. MR Y. K. KAN asked: —
What plans has the Government for easing the traffic congestion at the roundabout at the junction of Stubbs Road and Wong Nei Chong Gap Road?
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Oral Answers
MR R. C. CLARKE: —Sir, the present roundabout at the junction of Stubbs Road and Wong Nei Chong Gap Road, though sub-standard, is adequate for the traffic it has to carry for the greater part of the day. It is overloaded at times but takes a relatively short time to clear.
Nevertheless a major improvement incorporating a two-way flyover linking Wong Nei Chong Gap Road, now being widened and realigned, with the lower section of Stubbs Road is included in Category B of the Public Works Programme.
However, whilst a layout plan of this scheme has been prepared I regret Sir, that other road improvements of higher priority preclude this project from being designed in detail or put in hand at an early date. The work is presently scheduled to start in 1973 and I can see no possibility of bringing this date forward.
Improvements to traffic flow in Upper Levels
4. MR KAN asked: —
Has the Government any immediate or future plans for road and traffic improvements on the upper level of the Hong Kong Island, other than the Cotton Tree Drive, having regard to the increasing traffic congestion resulting from the building developments now taking place?
MR CLARKE: —Sir, in addition to the construction of the Garden Road Complex which includes Cotton Tree Drive and flyovers connecting Kennedy Road and Upper Albert Road, there are a number of schemes planned to improve the traffic flow in the Upper Levels of Hong Kong Island.
To the East work will start shortly on the widening of Kennedy Road from its junction with the Garden Road Complex to Macdonnell Road. When this is completed in about a year's time it will enable this section of Kennedy Road to be opened to two-way traffic and thus reduce the flow in Macdonnell Road and at the Garden Road roundabout.
On the West work will also start shortly on the construction of a flyover at the Pok Fu Lam Road/Bonham Road/Hill Road junction which is at present a source of considerable delay to traffic from Aberdeen and Pok Fu Lam to the City. Unfortunately this work will involve the removal of a large number of fine trees nearby.
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In addition to these works, there is an item in the Public Works Programme for a grade separated junction at Robinson Road/Castle Road, and further long term proposals for the construction of grade separated junctions at Robinson Road/Park Road and at the Garden Road Roundabout but it is as yet too early Sir, to say when these will be put in hand. Approved widening lines for Robinson Road, Caine Road and Bonham Road have also been established and will be effected as private development takes place along these roads.
Nevertheless despite these schemes redevelopment in the Upper Levels of the Island and further west in Pok Fu Lam is proceeding at such a rate and with such intensity that undoubtedly the existing road network will be taxed to capacity. There is little scope for further major improvement beyond that mentioned particularly on the vital Bonham Road/Caine Road link, though a tunnel to Aberdeen could draw off some traffic at present using this route. Thus if unacceptable congestion is to be avoided further restrictions may have to be introduced on the intensity of development and studies to assess development limits are being instituted.
MR KAN: —Is my honourable Friend aware that throughout the length of Robinson Road there are many parts where there is little or no pavement on which pedestrians can walk and that they are forced to walk on the road and intermingle with the vehicular traffic?
MR CLARKE: —Sir, yes, I am aware of this fact and I regret that it is the case. Unfortunately, there is very little scope, until redevelopment takes place, to alleviate this. There have been some studies made of the possibility of making a one way system using Caine Road and Robinson Road. This would of course give more room for footpaths but it was found that this would have less advantage from the traffic point of view at the present time.
MR SZETO WAI: —Sir, my honourable Friend mentioned studies to assess development limits. Is Government contemplating another review of the existing Building Regulations?
MR CLARKE: —Sir, I think it would be going too far to say this at this time. We have to do studies in some depth. I think it will take us 12 months probably to see what is the implication of this development. If it proves that it is necessary to review the regulations then undoubtedly this would have to be done.
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Oral Answers
Storm water drainage in Princess Margaret Road
5. MR OSWALD CHEUNG asked: —
Is Government considering any improvement to the storm water drainage in Princess Margaret Road in the vicinity of the Pui Ching Road Flyover, which becomes flooded and impassable after heavy rain?
MR CLARKE: —Sir, Princess Margaret Road where it passes under the Pui Ching Road flyover is at a low level compared with the surrounding area. On three occasions this summer heavy rains have washed silt from the development works in progress on higher land nearby down onto this section of Princess Margaret Road thus choking the road gratings and gully sumps and causing local flooding. When the flooding has subsided a residue of wet silt has had to be removed from the road surface before the road could be opened to traffic.
However, the existing main drainage system for the area is adequate and no improvement is necessary. The real problem is to keep the system clear of silt.
Two large housing estates are being developed in this area and it is always difficult when developing such large areas to ensure that all stormwater is intercepted and led directly into the drainage system without bringing large quantities of silt with it and so reducing the capacity of the drainage system as a whole. Thus until the whole of the Ho Man Tin area is fully developed there will continue to be a risk of flooding in sudden abnormally heavy rainstorms, but I can assure honourable Members that steps are being taken in co-operation with the nearby developers to improve drainage so that the risk is reduced to a minimum.
Moreover, in view of the wide public importance of avoiding flooding wherever possible even in very heavy storms, I intend to call the attention of developers, architects and contractors to the need for more careful attention to site drainage when carrying out large formation and development schemes.
MR CHEUNG: —May I ask, Sir, whether Government is concerned with the development of the two large housing estates mentioned by my honourable Friend?
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MR CLARKE: —Sir, yes, Government is certainly concerned. They are both Government aided housing schemes; one is a Housing Authority Scheme and one is a Government Low Cost Housing Scheme. I welcome the opportunity, Sir, to mention that both these, particularly the Housing Authority, have taken very great steps to try and avoid this trouble. They have built various timber barricades, dug trenches and sandpits and, even before the rainstorm earlier this month, they had started work on a reinforced concrete retaining wall costing some $400,000 which otherwise would not have been built till later, in order to try and prevent this trouble.
Lease of the World Theatre
6. MR KAN asked: —
Will the Government explain the reason for its decision to let out the World Theatre for yet a further period of four years?
MR CLARKE: —Sir, when Government regained possession of the World Theatre last year after the expiry of the previous lease, consideration was given as to how the site with or without building could be used to the best advantage.
The possibility of sale for redevelopment was examined but the size and dimensions of the site, which has a long frontage but little depth, were such as to mitigate against development of the site on its own. However, the site adjoins the Marine Department Headquarters and if taken together with the site of that building would provide a lot fronting on three streets suitable for first class development to its full economic potential.
It is envisaged that at some time in the not too distant future it will be necessary to reprovision the offices of the Marine Department, the existing building being old and inconvenient in land usage. There will then be an opportunity to combine the two sites for development.
In the circumstances a temporary use for the World Theatre was necessary and as the building was structurally sound and inquiries had indicated that there was a demand for the short term use of such a building, it was decided to call for tenders for a further period. Since some expenditure was required before operations could start, it was decided that a 4-year lease was the minimum that could reasonably be offered. This period was suitable in the context of redevelopment since it is unlikely that the combined site will become available in less than 4 years.
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Oral Answers
MR SZETO: —Sir, did Government at one time plan to move the Marine Department to the top floor of the new multi-storey car park in Rumsey Street?
MR CLARKE: —I think so. Some discussions did take place about this but they were never taken very far.
Government business
Motion (in Committee)
SUPPLEMENTARY PROVISIONS FOR THE QUARTER ENDED 31st MARCH 1970 (FINAL)
Council went into committee, pursuant to Standing Order No 58(2), to consider the motion standing in the name of the Financial Secretary (SIR JOHN COWPERTHWAITE).
The Governor's recommendation signified by the Financial Secretary pursuant to Standing Order No 23(1).
THE FINANCIAL SECRETARY (SIR JOHN COWPERTHWAITE) moved: —
That this Council approves the supplementary provisions for the quarter ended 31st March 1970, as set out in Paper No 5 (final) of 1969-70.
He said: —Sir, the fifth and final schedule of supplementary provisions for the year 1969-70 covers a total of $23.5 million. Of this sum $6.8 million was required as additional grants to Aided schools under the Subsidy Code due to the Salaries Revision 1969; $2.6 million for coinage expenses as a result partly of a greater demand for coins during the lunar new year and partly of increased metal prices; and $1 million to meet expenses for the Festival of Hong Kong 1969.
All the items in the schedule have been approved by the Finance Committee and the covering approval of this Council is now sought.
Question put and agreed to.
Council then resumed.
THE FINANCIAL SECRETARY (SIR JOHN COWPERTHWAITE) reported that the motion had been agreed to in committee without amendment.
Question agreed pursuant to Standing Order No 58(4).
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Motions
PUBLIC HEALTH AND URBAN SERVICES ORDINANCE MR D. R. W. ALEXANDER moved the following resolution: —
It is hereby resolved, by the Legislative Council, that the Food Business (Amendment) By-laws 1970, made by the Urban Council on the 5th day of May 1970 under section 56 of that Ordinance, be approved.
He said: —Sir, the Food Business (Amendment) By-laws 1970 are, briefly, designed to
(a) bring cold storage warehouses within the meaning of "food-business" so that they may be licensed and controlled
(b) permit the sale of "Leung Fan" if contained in an unopened hermetically sealed container
(c) require light refreshment licensees to provide minimum kitchen food preparation and scullery space before being permitted to sell hot Chinese dishes—the minimum area being spelt out in an amended Fourth Schedule to the By-laws.
Question put and agreed to.
PUBLIC HEALTH AND URBAN SERVICES ORDINANCE MR ALEXANDER moved the following resolution: —
It is hereby resolved, by the Legislative Council, that the following by laws, made by the Urban Council on the 4th day of August 1970 under section 56 of that Ordinance, be approved—
(a) Food Business (Amendment) (No 2) By-laws 1970;
(b) Frozen Confections (Amendment) By-laws 1970; and
(c) Milk (Amendment) By-laws 1970.
He said: —Sir, the purpose of the Frozen Confections (Amendment) By laws 1970, the Milk (Amendment) By-laws 1970 and the Food Business (Amendment) (No 2) By-laws 1970 is to alter all references to temperature in the existing By-laws from the Fahrenheit Scale to the Celsius Scale.
At the same time the opportunity has been taken to make an additional amendment to the Frozen Confections By-laws by cancelling
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[MR ALEXANDER] Public Health and Urban Services Ordinance
the existing by-law 10 which provides that all frozen confections shall be kept at a temperature below -2° Celsius and replacing it with a new By-law which exempts soft ice cream from this requirement.
Question put and agreed to.
First reading
PUBLIC HEALTH (ANIMALS AND BIRDS) (AMENDMENT) BILL 1970
FEDERATION OF HONG KONG INDUSTRIES (AMENDMENT) BILL 1970
Bills read the first time and ordered to be set down for second reading pursuant to Standing Order No 41(3).
Second reading
PUBLIC HEALTH (ANIMALS AND BIRDS)
(AMENDMENT) BILL 1970
THE FINANCIAL SECRETARY (SIR JOHN COWPERTHWAITE) moved the second reading of: —"A bill to amend the Public Health (Animals and Birds) Ordinance."
He said: —Sir, in recent year there has been a small, although lucrative, export of pressed ducks to the United States; but the trade has been suspended since February 1969 as a consequence of the introduction of new legislation there which prohibits the importation of poultry products where no control and inspection system is embodied in the law of the exporting country or the system is not comparable with that of the United States. United States requirements are more extensive than those already embodied in our own Food Business By-laws and the Food Business (New Territories) Regulations.
Other countries exporting meat products to the United States have conformed to these requirements. For example, Canada and France have complied in respect of poultry products. The purpose of the present bill before Council is to give the Governor in Council power to make regulations relating to the slaughter of animals and birds and the preparation of the carcasses of animals and birds intended for export.
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It is the intention that regulations meeting American requirements should be made at an early date covering only the export of poultry products to the United States. The regulations are not intended to affect in any way the processing of poultry for export to other destinations or for domestic consumption.
The export of preserved ducks is a seasonal trade from September to mid January. The season is therefore nearly upon us, whereas this Council goes into recess from to-day until October. I would, therefore, ask honourable Members to agree that, exceptionally, the bill be put through its three readings to-day to make possible an early resumption of the trade.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order No 43(1).
Explanatory Memorandum
The purpose of this Bill is to confer on the Governor in Council additional powers to make regulations relating to the slaughter of animals and birds for human consumption, the preparation of the carcases of animals and birds intended for export and the licensing of premises and persons for these purposes. It is also sought to confer regulation making power relating to the condemnation and disposal of carcases slaughtered for human consumption. Clause 3(b) would confer these powers.
Clause 3(c) would enable regulations to be made containing penal provisions for failure to comply with a direction given by the Director of Agriculture and Fisheries.
Clause 3(d) would add a new subsection to section 3 enabling regulations to be made relating to the criminal liability of persons who are concerned as directors of a company which commits an offence under regulations made under the Ordinance.
Clause 2 amends the long title of the principal Ordinance so as to widen the scope of that Ordinance.
FEDERATION OF HONG KONG INDUSTRIES
(AMENDMENT) BILL 1970
THE FINANCIAL SECRETARY (SIR JOHN COWPERTHWAITE) moved the second reading of: —"A bill to amend the Federation of Hong Kong Industries Ordinance".
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Federation of Hong Kong Industries (Amendment) Bill—second reading
He said: —Sir, this bill seeks to amend the Ordinance in a number of respects. Most of the amendments proposed are minor and I shall touch upon only the two most significant aspects.
Firstly, the bill seeks to widen the eligibility for membership in the Federation. At the moment, the terms of the Ordinance exclude the important electricity and gas industries from membership as well as certain new industries such as packaging.
Secondly, the Federation wishes to create titles of Honorary President and Vice-President to bestow upon persons who have made important contributions to the work of the Federation or to the advancement of Hong Kong industry. As honourable Members will be aware, this year marks the tenth anniversary of the founding of the Federation and it appears appropriate that the Federation should be able to mark the occasion by conferring honorary titles.
The tenth annual meeting of the Federation is due to be held on 18th September and the general committee is anxious to be in a position to make honorary appointments to celebrate the anniversary. I therefore find myself in a position where I must, for the second time to-day, ask honourable Members to agree to the exceptional procedure of taking the bill through all its stages at one sitting.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order No 43(1).
Explanatory Memorandum
This Bill amends the principal Ordinance in three major respects: firstly, it provides for the appointment of Honorary Presidents and Honorary Vice Presidents of the Federation; secondly, it widens the criteria for membership of the Federation; and thirdly, it enlarges the membership of the general committee.
2. Clause 2 amends section 10 of the principal Ordinance so as to enable persons carrying on the business of generating and transmitting electricity, providing and distributing gas and packaging to become members of the Federation. The clause also removes the requirement to be registered under the Factories and Industrial Undertakings Ordinance (Cap. 59) as a pre-requisite for associate membership.
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3. The opportunity is also taken to amend section 12 of the principal Ordinance so as to enable the Federation to alter, by resolution in an extraordinary general meeting, the fees payable by members. Clause 3 provides accordingly.
4. Clause 4 inserts two new subsections in section 34 of the principal Ordinance. These new subsections enable an outgoing general committee to appoint three members in addition to those specified in subsection (1) of section 34. These additional members are to be appointed by an outgoing general committee from among its members before the ensuing annual general meeting of the Federation.
5. Clause 5 amends section 35 of the principal Ordinance so as to provide for the manner in which the office of a member of the general committee may be terminated where the member is appointed under the proposed subsection (1B) of section 34.
6. Clause 6 increases the quorum of the general committee from twelve to fourteen.
7. Clause 7 adds a new section to Part VI of the principal Ordinance. This new Section creates the honorary offices of President and Vice President and enables the general committee to appoint suitable persons to such offices.
8. Clause 8 insert a new item in the First Schedule to the principal Ordinance which is consequential on the amendment proposed in clause 2.
9. Clause 9 adds a group number to the Third Schedule which is consequential on the amendments proposed by clauses 2 and 8.
Committee stage
Council went into Committee.
DOGS AND CATS (AMENDMENT) BILL 1970
Clauses 1 and 2 were agreed to.
PUBLIC HEALTH (ANIMALS AND BIRDS)
(AMENDMENT) BILL 1970
Clauses 1 to 3 were agreed to.
HONG KONG LEGISLATIVE COUNCIL—19th August 1970. 844
FEDERATION OF HONG KONG INDUSTRIES
(AMENDMENT) BILL 1970
Clauses 1 to 9 were agreed to.
Council then resumed.
Third reading
THE FINANCIAL SECRETARY (SIR JOHN COWPERTHWAITE) reported that the Dogs and Cats (Amendment) Bill 1970
Public Health (Animals and Birds) (Amendment) Bill 1970
Federation of Hong Kong Industries (Amendment) Bill 1970
had passed through Committee without amendment and moved the third reading of each of the bills.
Question put on each bill and agreed to.
Bills read the third time and passed.
Unofficial Member's bill
Committee stage
Council went into Committee.
COMMUNITY CHEST OF HONG KONG
(AMENDMENT) BILL 1970
Clauses 1 to 3 were agreed to.
Council then resumed.
Third reading
MR H. J. C. BROWNE reported that the Community Chest of Hong Kong (Amendment) Bill 1970 had passed through Committee without amendment and moved the third reading of the bill.
Question put and agreed to.
Bill read the third time and passed.
HONG KONG LEGISLATIVE COUNCIL—19th August 1970. 845
Adjournment
Council adjourned pursuant to Standing Order No 8(5).
3.02 p.m.
Next Sitting
HIS EXCELLENCY THE PRESIDENT: —Council will accordingly now adjourn. It is intended that the next sitting will be held on Thursday 1st October when Council commences a new session under Standing Order No 5. A proclamation formally advising the opening date of the next session will be issued in due course.
Adjourned accordingly at two minutes past Three o'clock.
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