1971-08-04 — Page 1

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 815

OFFICIAL REPORT OF PROCEEDINGS Wednesday, 4th August 1971

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

SIR HUGH SELBY NORMAN-WALKER, KCMG, OBE, JP

THE HONOURABLE THE ATTORNEY GENERAL (Acting)

MR GRAHAM RUPERT SNEATH, QC, JP

THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS (Acting)

MR LI FOOK-KOW, JP

THE HONOURABLE THE FINANCIAL SECRETARY

MR CHARLES PHILIP HADDON-CAVE, JP

THE HONOURABLE ROBERT MARSHALL HETHERINGTON, DFC, JP

COMMISSIONER OF LABOUR

THE HONOURABLE JAMES JEAVONS ROBSON, JP

DIRECTOR OF PUBLIC WORKS

THE HONOURABLE JOHN CANNING, JP

DIRECTOR OF EDUCATION

DR THE HONOURABLE GERALD HUGH CHOA, JP

DIRECTOR OF MEDICAL AND HEALTH SERVICES

THE HONOURABLE JACK CATER, MBE, JP

DIRECTOR OF COMMERCE AND INDUSTRY

THE HONOURABLE DENIS CAMPBELL BRAY, JP

DISTRICT COMMISSIONER, NEW TERRITORIES

THE HONOURABLE JOHN CHARLES CREASEY WALDEN, JP

COMMISSIONER FOR RESETTLEMENT (Acting)

THE HONOURABLE ALASTAIR TREVOR CLARK, JP

DIRECTOR OF URBAN SERVICES (Acting)

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, OBE, JP

DR THE HONOURABLE CHUNG SZE-YUEN, OBE, JP

THE HONOURABLE LEE QUO-WEI, OBE, JP

THE HONOURABLE OSWALD VICTOR CHEUNG, QC, JP

THE HONOURABLE ANN TSE-KAI, OBE, JP

THE HONOURABLE LO KWEE-SEONG, OBE, JP

THE HONOURABLE LI FOOK-WO, OBE, JP

THE HONOURABLE JOHN LOUIS MARDEN, JP

ABSENT

THE HONOURABLE GERALD MORDAUNT BROOME SALMON, JP

IN ATTENDANCE

THE CLERK TO THE LEGISLATIVE COUNCIL

MR RODERICK JOHN FRAMPTON

816 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

Oath

MR. J. L. MARDEN took the Oath of Allegiance and assumed his seat as a Member of the Council.

HIS EXCELLENCY THE PRESIDENT:―May I welcome Mr MARDEN to this Council. Papers

The following paper was laid pursuant to Standing Order No 14(2):―

Subject LN No

Subsidiary Legislation:―

Deceased's Family Maintenance Ordinance 1971.

Deceased's Family Maintenance Ordinance 1971 (Commencement) Notice 1971............................................................................................. 91

Oral answers to questions

Hong Kong Society of Accountants

1. MR LI FOOK-WO asked:―

In the light of the answers to questions given in this Council by the Acting Financial Secretary on 30th July 1969 and by the Financial Secretary on 25th March 1970, will Government take steps to expedite the introduction into this Council of the bill setting up a Hong Kong Society of Accountants?

THE FINANCIAL SECRETARY (MR C. P. HADDON-CAVE):―Sir, when my predecessor replied to a question by my honourable Friend, Mr BROWNE in this Council in March 1970, he said he hoped it would be possible to introduce the accountants bill into this Council in about three to four months' time. The fourth and, it was hoped, the final draft of the bill and by laws was then being prepared. In the event, it has taken longer than expected for all concerned to reach agreement.

In May of 1970, some three months after my predecessor spoke, fresh drafts of the bill and by-laws were forwarded by the Law Draftsman to representatives of the accounting profession, whose working party considered these drafts and sent in their written comments in June and October 1970. The Law Draftsman replied on the 30th October and further comments from the working party were received in April this year. Since then the Law Draftsman has been in close touch with the

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 817

working party which held a meeting as recently as the 30th July to consider the latest drafts of the bill and of the by-laws. As soon as these drafts have been cleared by the Colonial Secretariat, the way will, I trust, be clear for Executive Council's advice to be sought as to whether this legislation should be introduced into this Council.

Japanese UNCTAD Generalized Preference Scheme

2. DR S. Y. CHUNG asked:―

Has Government sought clarification from the Japanese Government for its reasons in not including Hong Kong as a beneficiary at the commencement of the Japanese UNCTAD Generalized Preference Scheme on 1st August 1971 and made representation to the Japanese Government against any discriminatory restrictions imposed on Hong Kong in the Scheme?

MR J. CATER:―Sir, Her Majesty's Government and the Hong Kong Government have had discussions with the Japanese Government over a period of many months on the question of Hong Kong's inclusion as a beneficiary in the Japanese Generalized Preference Scheme. The question was also discussed by the Secretary of State for Foreign and Commonwealth Affairs with Mr AICHI, the then Japanese Foreign Minister, during the latter's visit to London in June of this year. As stated in the communique issued after those talks, Mr AICHI declared that it was the intention of the Japanese Government to include Hong Kong in their scheme, subject to certain limitations and some delay in application.

As my honourable Friend knows, the UNCTAD scheme of generalized preferences is a series of unilateral acts by individual donor countries, authorized by a formal waiver under the General Agreement on Tariffs and Trade, under which these donor countries grant tariff preferences to developing countries. It is implicit in this arrangement that each donor country has the right to determine the details of its own scheme in accordance with certain agreed principles: this includes the right of each donor country to determine the beneficiaries under its scheme.

The first phase of the Japanese scheme which comes into effect this month does not include Hong Kong and other dependent territories, but the Hong Kong Government is gratified that the Japanese Government proposes to include Hong Kong in the second phase of their preference scheme, probably with effect from 1st April 1972.

818 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

Oral Answers

Summer time in Hong Kong

3. DR CHUNG asked:―

Is Government in a position to make known its findings in the review on Summer Time as mentioned in this Council last December and its decisions?

THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER):―Sir, as the honourable Member who has asked the question said, in December last year he asked whether Government had considered the discontinuation of Summer Time and, if it had not, what were the reasons. In reply the Acting Colonial Secretary said that a review had recently been put in hand and that the results of this would be forwarded to the honourable Member when they were ready.

The review to which he referred has now been completed and the question which my honourable Friend has asked gives me a suitable opportunity to give the views of you, Sir, in Council arrived at last week.

In the review four possible alternative systems were considered. These were, first, Hong Kong Standard Time, that is Greenwich Mean Time plus eight hours. The second possible system was a modified form of Summer Time to be used all the year round under which Hong Kong time would be Greenwich Mean Time plus 8½ hours. The third possible system was a permanent Summer Time System of Greenwich Mean Time plus 9 hours. The fourth system was the existing dual-time system of Hong Kong Standard Time, that is Greenwich Mean Time plus 8 hours, during the winter and Summer Time of Greenwich Mean Time plus 9 hours between April and October.

All these systems―and, I may say, about 500 others―have their supporters and it has been necessary to examine each of them carefully and to weigh their relative advantages and disadvantages. The main disadvantage of Standard Time is that in the summer twilight would start as early as a quarter past five in the morning. Although there is support for this system in the New Territories it is not generally believed that the general public would welcome it in the urban areas, particularly since the very light mornings would mean correspondingly dark evenings. A compromise system of Greenwich Mean Time plus 8½ hours would suffer, though admittedly to a lesser extent, from the same disadvantages as Standard Time and a half-hour change would be inconvenient―rather more than inconvenient, in fact disruptive― for organizations such as airlines and radio stations whose schedules are closely related to times in other parts of the world. Permanent Summer Time of Greenwich Mean Time plus 9 hours was favoured by a considerable section of the Government departments consulted and by

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 819

quite a number of the organizations whose opinions were sought. The disadvantage of this system is that during the winter months the mornings would be dark and twilight during the months of December to February would not begin until about half past seven in the morning. I do not believe that this system would be welcomed by parents of school age children nor by the large section of the community who have to start work at seven o'clock in the morning or even earlier. Incidentally, this was, I am advised, a principal factor in the United Kingdom in the Parliamentary decision to abandon the experiment with a continuous Greenwich Mean Time plus one hour system.

The existing dual-time system has been tried out over several years and its advantages and disadvantages are generally well known to the public. There is, inevitably, some disturbance when clocks are changed in April and October but, apart from this, the system does generally seem to be accepted as a reasonable compromise and to meet, as far as possible, both the needs of those who prefer lighter mornings and also of those who prefer an extended period of daylight during the summer evenings. A survey carried out by the Secretariat for Home Affairs, through the City District Officers, revealed that a high proportion of the people interviewed did not feel that a change from the present system was necessary nor did any of the possible alternative systems attract any substantial support.

The four systems which I have described were recently considered by the Executive Council, in the light of whose advice it was decided that the present dual-time system should be retained.

Sir, I believe myself that Government's decision is the right one and the best for the community as a whole; it is not, of course, possible to please everyone. The possible alternatives have been very carefully considered and the decision to retain the present dual time system is not the result of bureaucratic indifference nor would we hesitate to make a change if this appeared to be genuinely to the public advantage. The decision does not represent a victory for the views of any one section of the community over those of another. In fact there was a quite remarkable divergence between the views put forward by organizations operating in similar fields. Our present system, in my opinion, provides the best balance between the needs of those who go to work or school early in the morning and those who would like longer daylight in the evenings throughout the year. The present system may not― indeed, will not―satisfy everyone but I am afraid that no system in this country or any other country will ever do that.

Perhaps, Sir, I should quite improperly add that, following the decision which has been taken, Summer Time this year will end on 17th October when we will revert to Hong Kong Standard Time for the winter.

820 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

Oral Answers

DR CHUNG:―Sir, is my honourable Friend aware that the least number of days on which the public will have to travel in the dark, depending on which system of the four is used, is the second system, that is the permanent Summer Time GMT plus 8½ hours, which is 269 days? The fourth system which Government now decides on gives 325 days.

THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER):―I have not worked out and, quite frankly, Sir, decline to work out single statistics of that kind. What I have proposed gives the maximum amount of daylight time to the maximum number of people.

Secondary physical education

4. MR WILSON T. S. WANG asked:―

Is Government aware of the serious shortage of trained physical education teachers in our secondary schools? If so, what provision is Government making in the building up of facilities for such third year specialist courses and, as men and women have to be trained separately in secondary physical education, has adequate staff been provided for both courses?

MR J. CANNING:―Sir, I think I might best begin by explaining that the only local sources of teachers of physical education for secondary schools in Hong Kong are our colleges of education.

Our colleges now offer a general two-year course which is intended to prepare the students as teachers for primary schools and the lower forms of secondary schools. In addition to the general subjects which all students are required to take, certain elective subjects, physical education, music, art, handicraft, etc., are on offer and students who wish to pursue a particular elective course are interviewed to see if they are capable of benefiting from the course.

It is the two-year trained teachers who have taken physical education as an elective subject who form the great majority of teachers of physical education in our government and aided secondary schools and I am not aware of any serious shortage of two-year trained physical education teachers in those schools. I do appreciate however that there is a need to provide more trained teachers for our secondary schools generally not only for physical education but for other subjects. The reprovisioning of the Sir Robert Black College of Education, now in

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 821

Category A of the Public Works Programme, will help to meet this need. I am also aware that the standards of training of our teachers of physical education could be raised considerably and that our students could become more suited for the full range of secondary work in physical education if a third-year specialist course in that subject could be made available.

To that end I have recommended the provision of a multi-purpose games hall in the planned extension of Grantham College of Education. This project is also in Category A of the Public Works Programme. I have also requested an additional two posts in order to provide the staff for the third year specialist course for men and women and I am given to understand that a paper on this subject will shortly be submitted to the Finance Committee of this Council.

Rafts at public beaches

5. MR WILFRED S. B. WONG asked:―

In view of the corrosion of the pontoons of rafts at various public beaches which put them out of operation in the midst of the swimming season, will the Director of Urban Services state what measures are being taken to ensure that the rafts will remain in the water to increase the safety factor for swimmers?

MR A. T. CLARK:―Sir, I am afraid that I don't fully understand my honourable Friend's suggestion that it's the corrosion of their pontoons that puts beach rafts out of operation in the middle of the swimming season, but I should be happy to explain the present position to him.

The Urban Services Department possesses a total of 25 rafts, distributed among 18 of the Colony's beaches. Now of these 25, two are at present beached because their mooring chains have snapped One of these is at Shek O, where the damage was done during typhoon Lucy, and the other is at Repulse Bay where typhoon Nadine (which was supposed to have done us no harm) was responsible (there is also a second raft stranded on the beach at Repulse Bay, but this belongs to the Sea View Hotel).

In addition to these two rafts which are up on the beach, five other rafts, at Stanley Main, St Stephen's, Lido, Castle Peak, and Lo So Shing (West) on Lamma, were blown closer to the shore by typhoon Lucy, and these can't now be used safely for diving. In all these cases we believe that the chains are still intact. The reinstatement

822 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

[MR CLARK] Oral Answers

(and where necessary, repair) of these seven rafts will be undertaken by a maintenance contractor and my department is at present awaiting a quotation from him through the Port Works Office of the PWD.

MR WONG:―Sir, will the Director of Urban Services undertake to have these rafts reinstated or repaired as soon as possible?

MR CLARK:―I will, Sir.

Government business

Motion (in Committee)

SUPPLEMENTARY PROVISIONS FOR THE QUARTER

ENDED 31ST MARCH 1971

Council went into committee, pursuant to Standing Order No 58(2), to consider the motion standing in the name of the Financial Secretary (MR HADDON-CAVE).

The Governor's recommendation signified by the Financial Secretary pursuant to Standing Order No 23(1).

THE FINANCIAL SECRETARY (MR HADDON-CAVE) moved:―

That this Council approves the supplementary provisions for the quarter ended 31st March 1971, as set out in Paper No 4 of 1970-71.

He said:―Sir, the schedule for the fourth quarter of the 1970-71 financial year covers supplementary provisions totalling $104.8 million. Of this sum, Public Works Non-Recurrent accounts for $51.9 million, made up largely of $28.8 million required as a result of faster progress on existing projects and $16 million for an on-account payment against an assessment of claims lodged by the main contractor of the Plover Cove Scheme. The revision of salaries of the Public Service effective from 1st April 1970 accounts for $17.6 million, the balance of the total cost of about $35 million being met from savings in departmental votes. Finally, additional payments to aided schools under both the subsidy and grant codes accounts for $20.9 million of the total sum. These payments were required to meet increases in salaries and provident fund contributions as a result of the 1969 and 1970 salaries revisions, for the 1970 ex-gratia solatium of 2½% and for the first two stages of the equal pay scheme.

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 823

The Finance Committee, Sir, has approved all the items in the schedule and the covering approval of this Council is now sought.

Question put and agreed to.

Council then resumed.

THE FINANCIAL SECRETARY (MR HADDON-CAVE) reported that the motion had been agreed to in committee without amendment.

Question agreed pursuant to Standing Order No 58(4).

First reading

FIRE SERVICES (AMENDMENT) BILL 1971

INTESTATES' ESTATES (AMENDMENT) BILL 1971

DANGEROUS DRUGS (AMENDMENT) BILL 1971

RATING (AMENDMENT) BILL 1971

Bills read the first time and ordered to be set down for second reading pursuant to Standing Order No 41(3).

Second reading

FIRE SERVICES (AMENDMENT) BILL 1971

THE COLONIAL SECRETARY (SIR HUGH NORMAN-WALKER) moved the second reading of:―"A bill to amend the Fire Services Ordinance."

He said:―Sir, this short enabling bill amends the Fire Services Ordinance to permit two sets of regulations, which have been approved in principle by you, Sir, in Council, to be made. These are the Fire Service (Installations and Equipment) Regulations 1971 and the Fire Service (Installation Contractors) Regulations 1971.

The first set of regulations is designed to provide the Director of Fire Services with the means of controlling the sale, supply, installation, repair and inspection of fire services installation and equipment, both portable and fixed.

There are many kinds of portable fire service equipment on the local market and each kind is designed to do a specific job under particular circumstances. The sale of substandard, inefficient, or unsuitable equipment by persons with inadequate knowledge about it can lead to serious consequences and, as honourable Members are aware, many fire extinguishers contain chemicals which, if used in the

824 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

[THE COLONIAL SECRETARY] Fire Services (Amendment) Bill―second reading

wrong circumstances, can have fatal results. For example I am advised that carbon tetrachloride which is used in some old fire extinguishers can produce the poisonous gas phosgene if it comes into contact with hot metal.

Besides giving the Director of Fire Services more control over the sale of portable equipment the regulations also make provision for the better control of fixed installations and of fixed equipment. For example, they provide that the owner of any equipment which is installed in any premises must keep it in efficient working order at all times and that he must have it inspected and certified by a registered contractor at least once in every twelve months. In addition the Director of Fire Services may prescribe a code of practice which will govern the inspection and testing of fire service equipment.

The new legislation does not give to the Fire Services Department any right to enter private premises which it does not already have and, in fact, under the Fire Services Ordinance authorized persons may already enter any premises in order to ascertain whether or not a fire hazard exists. For this purpose fire hazard includes fire service installation or equipment which from lack of proper maintenance is not in efficient working order.

Both the sale of portable equipment and the installation and inspection of fixed equipment will, under the new regulations, have to be carried out by registered contractors and this is the subject of the Fire Service (Installation Contractors) Regulations 1971 to which I have already made reference. Under these regulations all persons who wish to operate as contractors for the sale of portable equipment or for the installation of fixed equipment will be required to apply to the Director of Fire Services for registration and provision has been made for three classes of registered contractors according to the type of service they wish to provide. In addition the Regulations provide for a disciplinary board whose functions will be to maintain proper standards of work by all registered contractors. Our present legislation permits the installation of any type of fire service equipment by licensed plumbers who, although competent in their own fields, may not be competent to carry out the installation of the more sophisticated types of equipment such as heat detectors, some of which involve a knowledge of electricity.

Sir, the bill and regulations about which I have been speaking follow the precedent set by the Lifts and Escalators (Safety) Ordinance, which came into operation on the 1st February 1961, and the Building (Ventilating Systems) (Amendment) Regulations 1971 which were passed by this Council last May and will come into effect on the 1st

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 825

January next year. All these enactments provide a statutory framework for control in fields where the need to protect public safety has been recognized. I believe that the new legislation which is before honourable Members today will be a valuable contribution towards public safety and that it will be generally welcomed by the community.

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 to enable regulations to be made to provide for the licensing and control of fire service installation contractors and for the control of the sale, supply, installation, repair, maintenance and inspection of fire service installations or equipment.

INTESTATES' ESTATES (AMENDMENT) BILL 1971

THE ATTORNEY GENERAL (ACTING) (MR G. R. SNEATH) moved the second reading of:―"A bill to amend the Intestates' Estates Ordinance 1971".

He said:―Sir, this bill can best be described as a lawyer's tidying up of the recently enacted Intestates' Estates Ordinance of this same year. I should, Sir, need a blackboard or a chart to explain the full ramifications of one of the amendments proposed. But I will, Sir, keep it simple and risk some slight inaccuracy.

Under the main Ordinance children of a woman who dies intestate naturally inherit. So also do the children of her husband by his former marriage to another person. But it is desired to limit this in the case where the woman herself had had more than one husband; and to limit it to the children of her last husband by any former marriage of his. Clause 2, Sir, seeks to do this and I hope it's clearer in the legislation than I may be making it. (Laughter).

Section 14 of the Ordinance and its Schedule provide for inheritance on an intestacy where there has been what the Ordinance calls a union of concubinage. Clause 3 seeks to clarify the position with regard to the children of such unions. It is not intended to effect any change in the law by this amendment.

826 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

Intestates' Estates (Amendment) Bill―second reading

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 seeks to remove doubts which have been expressed as to the effect of certain provisions of the principal Ordinance.

2. Clause 2 amends the definition of child in section 2(2)(b) to make it clear that the word includes only the children of the most recent husband of an intestate female.

3. Clause 3 amends the Schedule (which sets out the benefits of children of, and parties to, a union of concubinage) so as to provide that―

(i) a child of a union of concubinage shall benefit as if he were the child of a valid marriage; and

(ii) the reference to "husband" in section 2(2)(b) shall be construed as including a reference to the male partner of a union of concubinage.

DANGEROUS DRUGS (AMENDMENT) BILL 1971

THE ATTORNEY GENERAL (ACTING) (MR SNEATH) moved the second reading of:― "A bill to amend the Dangerous Drugs Ordinance."

He said:―Sir, the amendments proposed by this bill are mostly concerned with those provisions in the Ordinance which are aimed at controlling the illegal use of dangerous drugs.

The increased use of cannabis can be said to account for two of the proposed changes. In the first place, it is considered desirable to bring under control the seeds of cannabis, as well as cannabis itself, and therefore clause 2 would amend the definition of "cannabis" so as to make it include the viable seeds. Viable, Sir, simply means, of course, the seeds which would grow if given a chance.

At present section 46 creates the presumption that any person in possession of more than specified amounts of certain drugs is also trafficking in them. At present these drugs are basically opium, heroin and barbitone. Clause 7 would replace this section with a similar

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 827

provision but extend its scope to cover 5 grammes of cannabis or 2 grammes of cannabis resin and also 10 tablets or 10 capsules of any other dangerous drug.

Notwithstanding this presumption that persons in possession are also trafficking, doubt has arisen as to whether persons storing these dangerous drugs in their flats are guilty of trafficking in them. Clause 5 would therefore amend this section to make it clear that storage is an offence.

Then there is a consequential amendment to section 38 by clause 6 to provide that the owners of the flats where such storage has taken place may recover possession of them not only for unlawful storage but also, as is the position at present, for manufacture or trafficking in dangerous drugs.

Returning, Sir, to the presumptions created in the Ordinance, section 47 is to be recast by clause 8. At present people who have the key to any premises in which a dangerous drug is found are presumed to have had possession of the drug. The same is true of the possession of any thing which contains a dangerous drug. Now, Sir, although this accommodating word "thing" has been held to include a cubicle or a flat, it is obviously preferable for the legislation to spell out and to specify that possession or custody of actual premises gives rise to this particular statutory presumption; and the opportunity is being taken to extend this section and the presumption to a place as well as to premises, and a place would of course cover a plot of land, for example, which was under the possession or control of an individual and where dangerous drugs were found.

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 makes minor amendments which have been found to be necessary in the Dangerous Drugs Ordinance.

Clause 2 of the Bill amends some of the definitions in the principal Ordinance and removes doubt as to whether viable cannabis seeds are included in the definition of cannabis. Clause 4 makes a necessary amendment to section 24 following the enactment of the Pharmacy and Poisons Ordinance 1969.

828 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

Dangerous Drugs (Amendment) Bill―second reading

[Explanatory Memorandum]

Doubts have also been expressed as to the position when premises are used for the unlawful storage of dangerous drugs. Clause 5 of the Bill provides that in such a case the owner or occupier commits an offence under section 37 of the principal Ordinance, if he allows the premises to be so used.

Clauses 7 and 8 repeal and replace sections 46 and 47 of the principal Ordinance. Section 46 was found to be deficient in that certain mixtures containing dangerous drugs were not covered by the presumption as to trafficking. Presumptions have also been added (paragraphs (g) and (h) in relation to the possession of cannabis, cannabis resin, tablets and capsules. Section 47 (which relates to persons in possession or occupation of containers and premises in which dangerous drugs are found) has been redrafted to make it clear that persons in control of land, as well as premises, are presumed to be in possession of drugs found on such land.

Clause 9 of the Bill corrects an omission in section 48 of the principal Ordinance and clause 10 makes consequential amendments to the First Schedule.

RATING (AMENDMENT) BILL 1971

THE FINANCIAL SECRETARY (MR HADDON-CAVE) moved the second reading of:―"A bill to amend the Rating Ordinance."

He said:―Sir, this bill seeks to amend section 36 and section 38 (4)(a) of the Rating Ordinance to confer on the Governor powers to order a refund of rates and to authorize exemption from assessment for rates in respect of any tenement. These powers are at present conferred on the Governor in Council.

During the last four years, a total of 22 applications for exemption from payment or for refund of rates under these sections was submitted to the Governor in Council for consideration. The majority of these applications are of a routine nature and the amendments now proposed will, if approved by honourable Members, enable such applications to be dealt with in future without reference to the Governor in Council. This will reduce the amount of administrative work involved in dealing with these applications.

Question put and agreed to.

HONG KONG LEGISLATIVE COUNCIL― 4th August 1971. 829

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 seeks to enable the Governor to order a refund of rates to be made in any case he thinks fit (clause 2).

2. Under clause 3, the Governor will be enabled to authorize the total or partial exemption from assessment of any tenement.

WILD BIRDS AND WILD MAMMALS PROTECTION

(AMENDMENT) BILL 1971

Resumption of debate on second reading (21st July 1971)

Question again proposed.

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).

Committee stage

Council went into Committee.

CONSULAR RELATIONS (AMENDMENT) BILL 1971

Clauses 1 and 2 were agreed to.

FIXED PENALTY (TRAFFIC CONTRAVENTIONS)

(AMENDMENT) BILL 1971

Clauses 1 to 6 were agreed to.

QUARANTINE AND PREVENTION OF DISEASE

(AMENDMENT) BILL 1971

Clauses 1 and 2 were agreed to.

830 HONG KONG LEGISLATIVE COUNCIL― 4th August 1971.

EMPLOYMENT (AMENDMENT) BILL 1971

Clauses 1 to 5 were agreed to.

Council then resumed.

Third reading

THE ATTORNEY GENERAL (ACTING) (MR SNEATH) reported that the Consular Relations (Amendment) Bill 1971

Fixed Penalty (Traffic Contraventions) (Amendment) Bill 1971 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.

THE FINANCIAL SECRETARY (MR HADDON-CAVE) reported that the Quarantine and Prevention of Disease (Amendment) Bill 1971 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.

MR R. M. HETHERINGTON reported that the Employment (Amendment) Bill 1971 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.

Adjournment and next sitting

HIS EXCELLENCY THE PRESIDENT:―In accordance with Standing Order No 8(5), I will adjourn the Council until 2.30 p.m. on Wednesday the 18th of August.

Adjourned accordingly at eight minutes past three o'clock.

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