HONG KONG LEGISLATIVE COUNCIL—13th August 1975 995
OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 13th August 1975
The Council met at half past two o'clock
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR CRAWFORD MURRAY MACLEHOSE, KCMG, KCVO, MBE
THE HONOURABLE THE COLONIAL SECRETARY (Acting)
MR MICHAEL DENYS ARTHUR CLINTON, CMG, GM, JP
THE HONOURABLE THE FINANCIAL SECRETARY
MR CHARLES PHILIP HADDON-CAVE, CMG, JP
THE HONOURABLE THE ATTORNEY GENERAL
MR JOHN WILLIAM DIXON HOBLEY, QC, JP
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS (Acting) MR LI FOOK-KOW, CMG, JP
THE HONOURABLE JAMES JEAVONS ROBSON, CBE, JP
SECRETARY FOR THE ENVIRONMENT
DR THE HONOURABLE GERALD HUGH CHOA, CBE, JP
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE IAN MACDONALD LIGHTBODY, CMG, JP
SECRETARY FOR HOUSING
THE HONOURABLE DAVID AKERS-JONES, JP
SECRETARY FOR THE NEW TERRITORIES
THE HONOURABLE DAVID WYLIE MCDONALD, JP
DIRECTOR OF PUBLIC WORKS
THE HONOURABLE IAN ROBERT PRICE, TD, JP
COMMISSIONER FOR LABOUR
THE HONOURABLE JAMES DAVID MCGREGOR, ISO, JP
DIRECTOR OF COMMERCE AND INDUSTRY (Acting)
THE HONOURABLE PETER BARRY WILLIAMS, JP
SECRETARY FOR SOCIAL SERVICES (Acting)
THE HONOURABLE CHARLES JOHN GRAFTON LOWE, JP
DIRECTOR OF EDUCATION (Acting)
DR THE HONOURABLE CHUNG SZE-YUEN, CBE, JP
THE HONOURABLE LEE QUO-WEI, OBE, JP
THE HONOURABLE OSWALD VICTOR CHEUNG, OBE, QC, JP
THE HONOURABLE ROGERIO HYNDMAN LOBO, OBE, JP
THE HONOURABLE JAMES WU MAN-HON, OBE, JP
THE HONOURABLE HILTON CHEONG-LEEN, OBE, JP
THE HONOURABLE LI FOOK-WO, OBE, JP
THE HONOURABLE JOHN HENRY BREMRIDGE, JP
DR THE HONOURABLE HARRY FANG SIN-YANG, OBE, JP
THE HONOURABLE MRS KWAN KO SIU-WAH, MBE, JP
THE HONOURABLE LO TAK-SHING, JP
THE HONOURABLE FRANCIS YUAN-HAO TIEN, OBE, JP
THE HONOURABLE ALEX WU SHU-CHIH, OBE, JP
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 996
ABSENT
THE HONOURABLE LEWIS MERVYN DAVIES, CMG, OBE, JP
SECRETARY FOR SECURITY
THE HONOURABLE MRS CATHERINE JOYCE SYMONS, OBE, JP
THE HONOURABLE PETER GORDON WILLIAMS, OBE, JP
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MR KENNETH HARRY WHEELER
Papers
The following papers were laid pursuant to Standing Order 14(2): — Subject LN No
Subsidiary Legislation:
Ferries Ordinance.
Excluded Ferries (Ma On Shan and Ho Tung Lau)
(Amendment) Regulations 1975 ................ ................ 180
Marine Hawkers Ordinance.
Marine Hawkers (Amendment) Regulations 1975 ............. 181
Merchant Shipping Ordinance.
Merchant Shipping (Fees) (Amendment) (No 4)
Regulations 1975 ................ ................ ................ ...... 182
Tallyclerks (Licensing) Ordinance.
Tallyclerks (Licensing) (Amendment) Regulations
1975 ................ ................ ................ ................ ....... 183
Magistrates Ordinance.
Magistrates Ordinance (Amendment of Fourth
Schedule) Order 1975 ................ ................ .............. 184
Hong Kong Royal Instructions 1917 to 1972.
Standing Orders of the Legislative Council of Hong Kong.
Ending of 1974-75 Session ................ ................ ...... 186
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 997
Subject LN No
Pensions Ordinance.
Pensionable Offices Order 1975 ........................ ................ 187
Public Health and Urban Services Ordinance.
Public Health and Urban Services (Designation of Public
Swimming Pools) Order 1975 ............... ................ .... 188
Interpretation and General Clauses Ordinance.
Rectification of Errors (No 2) Order 1975 ......... ................ 189
Banking Ordinance.
Specification of Specified Liquid Assets .... ................ ...... 190 Proclamation No 4 of 1975 ................ ................ ................ ...... 191
Boilers and Pressure Receivers Ordinance.
Boilers and Pressure Receivers (Amendment)
Regulations 1975 ........................................ ................ 192 Sessional Papers 1974-75:
No 48—Statement of the Accounts of the Preventive Service Welfare Fund for the year ended 31st March 1975 (published on 13.8.75).
No 49—Statement of the Accounts of the Immigration Service Welfare Fund for the year ended 31st March 1975 (published on 13.8.75).
No 50—Annual Report of Sir Robert Black Trust Fund for the year from 1st April 1974 to 31st March 1975 (published on 13.8.75).
No 51—Kadoorie Agricultural Aid Loan Fund Report for the year 1974-75 (published on 13.8.75).
No 52—J. E. Joseph Trust Fund Report for the period from 1st April 1974 to 31st March 1975 (published on 13.8.75).
No 53—Sir David Trench Fund for Recreation-Trustees' Report 1974-75 (published on 13.8.75).
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 998
Oral answers to questions
Vietnamese refugees
1. DR CHUNG asked: —
Sir, will Government give an up-to-date report on our efforts and results in requesting other governments to accept the migration of the 4,000-odd Vietnamese refugees which came to Hong Kong in early May this year?
THE COLONIAL SECRETARY (ACTING): —Sir, so far we have approached over 20 other governments with a view to their absorbing some of these 4,000 refugees. I would like especially to pay tribute to the Governments of Canada and France which have acted swiftly and competently and have already taken 356 and 323 refugees respectively. I should also mention Australia which has taken 208. The United States of America has, of course, had by far the largest problem and has absorbed an infinitely larger number of Vietnamese refugees than any other country. But from Hong Kong it has so far absorbed only 559 and about half of these left only yesterday. A number of other countries have promised or offered to take smaller numbers and consultations are continuing. The United Nations High Commission for Refugees is also being most helpful and has offered financial assistance.
The effect of all this has been to reduce the number of refugees from just under 4,000 to 2,450 as from today. We still have a long way to go but we are hopeful that the USA in particular will take many more quite soon including, I believe, 250 due to leave later this week. If so, it should be possible to close down the Harcourt Road Camp and concentrate the remaining refugees in Dodwell's Ridge and Sai Kung Camps.
Sir, may I add that these cold statistics do not reflect the human problems of these refugees; many of them are becoming frustrated and dispirited with waiting and it is to be hoped that those countries which have so far not made any arrangements to assist in this problem will now make tangible efforts to help; it is not just Hong Kong's problem but an international responsibility.
DR CHUNG: —Sir, how many refugees has the UK Government so far taken or agreed to take?
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THE COLONIAL SECRETARY (ACTING): —Sir, about a hundred refugees have expressed a wish to go to the UK, but so far the United Kingdom Government has not given any indication that they will accept any. Perhaps I should add that the United Kingdom Government has donated £ 70,000 towards the cost of maintaining the refugee camps.
DR CHUNG: —Sir, will Government step up its efforts to request the British Government to accept, at least as a token of appreciation of our Hong Kong problem and as an example for other governments, some of these Vietnamese refugees?
THE COLONIAL SECRETARY (ACTING): —Yes, Sir.
Law and order
2. MR LO asked: —
Sir, will Government make a statement on the present state of law and order in Hong Kong relating to violent crime and say how the situation compares to that at this time last year?
THE COLONIAL SECRETARY (ACTING): —Yes, Sir, in the absence of the Secretary for Security, who can speak rather better on this than I can, I will do my best to answer this question clearly and without quoting too many figures.
Police statistics reveal that in the first seven months of this year there have been a total of 25,119 reported key crimes—that is to say crimes normally regarded as serious. This figure represents an increase of 1.1% over a total of 24,847 cases reported in the same period last year.
Breaking this classification down further, reported violent crime in the first seven months of 1975 has increased over the same period last year by 11%. Details are as follows with the figures for the first seven months of 1974 given first followed by the figures for 1975: —
Robberies .............. ............................ ............................ 7,310 and 7,015 Serious assault .......... ............................ ......................... 1,992 and 2,756 Blackmail or extortion ............................ ............................545 and 1,160 Rape ............................ ............................ ............................62 and 47
Homicide ......................................... ............................ ....... 54 and 76
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[THE COLONIAL SECRETARY (ACTING)] Oral answers
Robbery makes up the bulk of these cases, and overall there has been a 4% decrease. But there has been an upward trend in determined attacks on selected targets, particularly jewellers and payrolls, the former being up from 9 to 35 cases, and the latter being up from 18 to 35 cases. There has also been an increase in the use of firearms, that is, real firearms; 38 cases so far this year as against 14 last year.
Though such cases are comparatively few numerically, the trend is disturbing, and it is to fight this sort of large-scale and particularly serious crime that the Special Crime Unit has been formed and recently augmented.
Another serious cause for concern is the increase in the number of cases of blackmail—that is to say extortion—which have more than doubled. The main targets are hawkers, shopkeepers and public light bus drivers. It is not easy to be specific, but to some extent this statistical increase is due to the fact that more people are coming forward to report blackmail. This is reflected in the high detection rate for blackmail this year—75% as against the overall detection rate for key crime of 32%.
Some of these figures are depressing, nonetheless there are signs of a levelling off of serious crime since the beginning of 1975. In 1975 there was a 40% increase over the 1973 figure of serious crime. The comparative increase for 1975 is only 1.1% and I firmly believe this decreasing trend reflects the intensive efforts that have been made by the police and the greater co-operation they are receiving from the public. Having said this I hasten to add that the incidence of crime and especially violent crime nevertheless is far too high and its reduction is one of the principal concerns of the Government at this juncture.
Naturally, honourable Members and the public will wish to know what positive action is being taken to reduce the crime rate. Firstly, I can assure Members that the Commissioner of Police is constantly taking steps to improve police techniques, procedures and organization. These include the introduction of neighbourhood policing units and a greater emphasis on community liaison. It is realized that there is still a reluctance to report crime, and consequently reporting procedures have been revised to enable the public to report crime more easily; more reporting centres are also being set up especially in housing estates. Parallel with these improvements the Criminal Investigation Department, which had become overloaded, has been re-organized and
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strengthened. In addition, steps have and are being taken to relieve the police of responsibility for routine work, such as the creation of the corps of traffic wardens and the transfer of licensing functions and other work that could equally well be done by civilians. It is the Commissioner's objective to release as many men as possible for the fight against crime.
Sir, the financial stringency this year has of course affected all departments but the police have been given priority and their actual strength has increased from 15,887 in August last year to 17,512 this month—an increase of 10%. They will continue to be given priority until their full establishment can be reached. Their present strength represents 91.2% of their authorized establishment.
But the fight against violent crime in Hong Kong or anywhere else for that matter can never succeed without the full co-operation of the public. Already we have over 1,600 mutual aid committees and area committees to improve community spirit and co-operation between neighbours with the aim of strengthening anti-crime measures. It is the Government's aim steadily and carefully to increase their numbers to about 2,200 within the next nine months or so as there is no doubt that these committees serve a most useful purpose.
Finally, let me say that the Government does not underrate the gravity of the situation. 1975 is a difficult year and I have no doubt that the people of Hong Kong with their usual resourcefulness and resilience will pull through until conditions improve. But above all, the police need the active co-operation of the community; unreported crimes help only the criminal and though there has been a great improvement a much more concerted effort is still required from each one of us in swiftly reporting to the police criminal activities of any description.
MR LO: —First, Sir, may I ask, on the question of public cooperation, whether the Government would agree that the greater the effectiveness that is displayed by the police, the more one could expect the public to co-operate?
THE COLONIAL SECRETARY (ACTING): —I am sure, Sir, that is true.
MR LO: —Thank you. This leads me really to the second question: is Government satisfied that the Special Crimes Unit that has been set up is adequately manned to deal satisfactorily with what my honourable
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[MR LO] Oral answers
Friend, the Acting Colonial Secretary, referred to as "determined attacks on selected targets"?
THE COLONIAL SECRETARY (ACTING): —Sir, I don't think one can ever really be satisfied that anything is being done on a sufficiently large scale to combat this problem, but as I have said, the unit has been increased and we hope that this will bring about further improvement.
MR CHEUNG: —Sir, with a view to reducing the incidence of armed payroll holdups, would Government provide armed escorts for cash being transported from one place to another within the Colony?
THE COLONIAL SECRETARY (ACTING): —This is a rather special question, Sir, and rather outside the scope, I think, of the question that was asked originally. Certainly the matter can be looked into; but if it was done, I think we would have to charge for it.
MR CHEUNG: —It was reported in the newspaper this morning that Government does provide a service. Is my Friend able to confirm that this is so and if it is paid for?
THE COLONIAL SECRETARY (ACTING): —No, Sir, I am not able to.
MR CHEONG-LEEN: —Sir, in his reply the Acting Colonial Secretary listed five categories of crime. Do those five categories come into the general classification of violent crime?
THE COLONIAL SECRETARY (ACTING): —It depends on what you mean by violent crime, but this is what the Commissioner of Police regards as violent crime.
MR CHEONG-LEEN: —Sir, I am only asking for clarification. In the second paragraph of his reply he referred initially to the classification of violent crime, then he goes on to give statistics for five categories. I simply wish to confirm whether these five categories are considered as violent crime.
THE COLONIAL SECRETARY (ACTING): —Sir, I started off actually by giving statistics of serious crime, then I went on to give statistics of violent crime.
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MR CHEONG-LEEN: —Then I don't understand whether the statistics for the five categories—robbery, serious assault, blackmail, rape and homicide do come under the general classification of violent crime. Could that be confirmed?
THE COLONIAL SECRETARY (ACTING): —It depends what the classification is. The Prisons Department, for example, would have a slightly different classification and this is why we have a law and order programme plan which is going into these sort of things in order to enable a greater degree of uniformity to be made in classifying crime.
MR CHEONG-LEEN: —Sir, then in the context of this reply, these five categories may or may not come under the general classification of violent crime. Am I correct in that assumption?
THE COLONIAL SECRETARY (ACTING): —I am not sure, Sir, what the honourable Member is driving at.
MR CHEONG-LEEN: —It's a very simple question, Sir. Perhaps I shall take this up with the honourable Member after the meeting, but could I have statistics from Government in regard to the five types of crime which have been given and for which statistics have been given to us at this meeting? I would like to know, Sir, how many of these crimes involve the use of sharp weapons apart from the use of firearms.
THE COLONIAL SECRETARY (ACTING): —Certainly, Sir, I would be glad to supply the honourable Member with these statistics later on. I did start off in my reply by saying that I hoped to keep my reply down to as few statistics as possible.
Public utility franchise
3. MR CHEONG-LEEN asked: —
Sir, is it Government's intention to grant an exclusive franchise to the Hong Kong and China Gas Company Limited as a public utility for the supply of piped gas throughout the Colony?
THE FINANCIAL SECRETARY: —Yes, Sir, it is the Government's intention to grant an exclusive franchise to the Hong Kong and China Gas Company to supply gas through pipes throughout Hong Kong Island,
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[THE FINANCIAL SECRETARY] Oral answers
Kowloon and the New Territories. Discussions with the company on the terms and conditions under which such a franchise should be granted have now, to all intents and purposes, been completed. Subject to the advice of Your Excellency in Council I expect that a bill enshrining such a franchise will be introduced into this Council early in the new session.
Briefly, the intention is that, in return for the grant of a franchise, which would confer a monopoly for the supply of piped gas on the company, the company would be required to accept the control of its tariffs by the Government. It would also be expected to comply with certain safety and maintenance standards and to accept an obligation to provide and maintain an efficient supply of piped gas wherever it is required. Whilst the position of all existing liquefied petroleum gas installations would be protected, the intention is that, in return for the grant of a franchise for the supply of piped gas, the size of future LPG installations would be restricted to safeguard the company's enfranchised position.
DR CHUNG: —Sir, in considering granting an exclusive franchise to the Hong Kong and China Gas Company for the supply of piped gas in the whole area of Hong Kong, will the Government take into account not only safeguarding the company's enfranchised position by restricting LPG installations, but equally important, if not more important, to safeguard the interests of the town gas and LPG consumers?
THE FINANCIAL SECRETARY: —Naturally, Sir.
MR CHEUNG: —Sir, how long from beginning to end have these discussions with the company taken place?
THE FINANCIAL SECRETARY: —Approximately 30 years, Sir. (Laughter).
MR CHEUNG: —And in that time, Sir, has the consumer public been consulted about the desirability of a franchise?
THE FINANCIAL SECRETARY: —I can't speak for the entire period I have just referred to, but when the bill is published, naturally the public will have every opportunity to comment either directly or through honourable Members.
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MR CHEUNG: —One last point, Sir. Would piped gas include gas piped from the basement of one part of a building to an upper floor?
THE FINANCIAL SECRETARY: —It all depends, Sir.
MR LO: —Sir, may I ask whether Government formed this intention as a result of accidents or any particular danger or inadequacy posed by one form of gas supply as opposed to inadequacy felt by consumers with regard to another form of supply, or is it purely in the interests of the Gas Company that that franchise is intended?
THE FINANCIAL SECRETARY: —The long term interests of consumers have certainly been taken into account, Sir.
Hong Kong Electric Company
4. MR BREMRIDGE asked: —
Sir, what arrangements exist for controlling the profits of the Hong Kong Electric Company?
THE FINANCIAL SECRETARY: —Well, Sir, there are no formal arrangements whereby the Government directly controls the profits of the Hong Kong Electric Company, as is the case with China Light and Power Company.
Consequent upon the report of the Electricity Supply Companies Commission in the late fifties and the negotiation of a scheme of control for the China Light and Power Company in the early sixties, discussions were held between the Hong Kong Electric Company and the Government on the company's future financial position. Subsequently, in 1965, it was agreed that no formal scheme of control should be established over the company's operations provided that its profits, expressed as a return on net fixed assets employed, did not differ substantially from that allowed to China Light and Power under its scheme of control, that is to say, 13½% per annum. It was further agreed at that time that the company would regularly provide the Government with information on its financial position so that its profitability could be monitored; and this has since been done. As a matter of interest over the last five years, 1970 to 1974 inclusive, the profits of the company, expressed as a return on net fixed assets after tax, have averaged 13.25% per annum.
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[THE FINANCIAL SECRETARY] Oral answer
In late 1974, on the Government's initiative, it was further agreed that the company would consult the Government in advance should it, at any time, wish to raise its tariffs.
My honourable Friend may also wish to be aware that, in 1965, the company agreed in writing that it would be willing to accept a franchise involving, inter alia, the formal control of its tariffs. In view of recent well publicized developments, and the fact that discussions on the future of the China Light and Power scheme of control after 30th September 1978 are to begin early next year, the Government is now considering whether the time may have come for legislation to be drawn up to provide for a more formal control over both companies, beginning with the Hong Kong Electric Company.
MR BREMRIDGE: —Sir, how will these considerations be affected if Hong Kong Electric diversifies into interests other than the generation and distribution of electricity?
THE FINANCIAL SECRETARY: —Sir, I presume my honourable Friend is referring to the take-over bid by the Hong Kong Electric Company for the Hong Kong and China Gas Company. Whether or not this bid succeeds the proposed arrangement for conferring a franchise on the Gas Company would not be affected and the Government would continue to treat the enlarged company's gas and electricity operations as separate entities for the purposes of control.
MR BREMRIDGE: —Sir, does Government envisage a time when perhaps as a result of take-overs there is left only one utility company in Hong Kong?
THE FINANCIAL SECRETARY: —No, Sir.
Disabled population-survey of
5. DR FANG asked: —
Sir, what consideration has so far been given by the Government to the inclusion of a detailed survey of the disabled population in the by census to be carried out next year?
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SECRETARY FOR SOCIAL SERVICES (ACTING): —Sir, I can confirm that a question relating to the disabled population will be included in the by-census. Careful consideration was given to the form of this question when the by-census was being planned and consultations were held with, for instance, the Council of Social Service, on the classification of disablement. The relevant question, which seeks to identify eleven types of disablement, was successfully tested in the pre-test which was held in January this year and also in the pilot census which was held last month.
DR FANG: —Thank you. Is it true that the relevant question is being illustrated in the form of easily recognizable drawings, and can this be more widely publicized before the actual taking of the by-census so that we can achieve more spontaneous co-operation from the public?
SECRETARY FOR SOCIAL SERVICES (ACTING): —Sir, it is true that the question is in the form of a card on which eleven types of disabilities are represented in cartoon form. The great advantage of this is that it enables the enumerator not to become personally involved. In the pre-test and the trial census I have just mentioned, this card was used and proved very effective. In fact the figures that have been worked out showed that there was a 40 per cent improvement compared with the census held earlier. I take the point of my honourable Friend about the publicity of this card and I think this is a very good idea.
DR FANG: —Thank you.
Traffic accidents in Wong Nei Chung Road
6. MR CHEUNG asked: —
Sir, (a) how many persons have been injured or killed by motor vehicles in the vicinity of the tram stop in Wong Nei Chung Road near its junction with Sports Road during the past two years; and
(b) what measures will Government introduce to reduce the incidence of such casualties?
SECRETARY FOR THE ENVIRONMENT: —Sir, I am advised by the Commissioner of Police that in the twelve months of 1973, only two
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[SECRETARY FOR THE ENVIRONMENT] Oral answers
accidents were reported to have taken place at the location referred to by my honourable Friend. Each involved slight injury to one person.
Last year, three serious accidents were reported, involving a total of four injuries, and a further four incidents, each involving one slight injury.
So far this year, there has been only one accident reported, involving one serious injury. My honourable Friend is probably aware that a “serious injury” is currently defined as one in which the victim is admitted to hospital for a period in excess of six hours.
There have been no fatalities at this location during the period under review, and, in view of the fairly large amount of traffic which uses this road, it is not thought that the present accident rate is unduly high. The Government has no plans, therefore, to introduce any particular measures intended to increase road safety at this particular point. The Commissioner of Police assures me, however, that Wong Nei Chung Road will continue to benefit from routine surveillance by the Traffic Branch to ensure that the present restrictions on speeding, etc. are observed by the motoring public.
MR CHEUNG: —Sir, owing to a slackness in drafting this question, I did not make clear that the tram stop I had in mind was the tram stop below Broadwood Road and not that opposite Queen's Road East. Would my Friend confirm that his figures refer to that stop?
SECRETARY FOR THE ENVIRONMENT: —That is true, Sir, they refer to the tram stop near Broadwood Road.
MR CHEUNG: —Sir, I notice the calm with which the Government and the Commissioner of Police view this accident, but has it been considered by Government to make it mandatory for trams to carry brake lights at the rear?
SECRETARY FOR THE ENVIRONMENT: —There are two aspects, Sir, of trams: that is the fitting of lights to the trams and the increase in safety of tram stops. My honourable Friend is aware that measures to increase safety at tram stops has been under consideration for sometime; in fact, since December 1974, when he asked a question in this Council about trams generally. The PWD for their part have already provided extra street lighting at about half of these locations where there is
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thought to be insufficient lighting. They have also taken steps to ensure road markings at tram stops are repainted regularly and arrangements made with the Tramway Company to have additional warning signs erected at all of them. However the question of providing trams with braking lights or red lights and also with other types of lights was considered by the then advisory committee, and at that time their view was that few, if any, accidents involving trams would have been avoided if such lights had been fitted. I now intend, however, to revive this subject and to ask the Transport Advisory Committee whether they think that brake lights should now be made obligatory on trams and whether or not additional warning lights should be displayed when tram passengers are boarding and alighting. In view of the capital expenditure involved however the Tramway Company has been reluctant to pursue this idea themselves due to the lack of firm evidence to suggest that the measures will be effective in reducing accidents. I personally believe they will and therefore, as I have said, I will try to take this up with the TAC.
MR CHEUNG: —Sir, as there is a serious discrepancy between the intelligence which I received about casualties at this tram stop and the Commissioner of Police's figures, would my Friend take steps to check the Commissioner's figures and refer this particular tram stop to the Transport Advisory Committee.
SECRETARY FOR THE ENVIRONMENT: —Yes, Sir.
Primary school drop-outs
7. MR CHEONG-LEEN asked: —
Sir, (a) what is the estimated total number of young people who are primary school drop-outs or who have finished primary school this year and who will be unable for various reasons to enter secondary school in September; and
(b) furthermore what will be done by the Government to ensure that the energies and activities of these young people will not be channelled into illegal, anti-social or criminal fields?
SECRETARY FOR SOCIAL SERVICES (ACTING): —Sir, the estimated number of children who have dropped out of primary school during the past year is 8,600—or about 1% of the total primary school population. Most of these will be over age.
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[SECRETARY FOR SOCIAL SERVICES (ACTING)] Oral answers
The estimated number of Primary 6 pupils who are not expected to enter secondary school next month is 26,000, representing about 23% of the total Primary 6 enrolment. The estimated total number in these two groups is therefore about 35,000.
The pattern this year is expected to be the same as 1974 and the figures I have quoted are based on last year's performance. An accurate assessment will only be possible in November when figures for the "pull through" from Primary 6 to Form 1 will be available.
Turning now to the second part of the question, the best solution of course will be the achievement of the aims of the 1974 Education White Paper which will in time ensure a place in school for all children in the 12 to 14 age group.
In the meantime considerable effort—much of which is overseen by the Inter departmental Committee on Services for Youth—has been and will continue to be directed in this area.
Following a twelve-month pilot project conducted by the Social Welfare Department in the Chai Wan area which covered 12% of the population and which provided help and guidance for 112 young people between the ages of 12 and 14, a similar project was started in September last year by the City District Officer in Wong Tai Sin. About 1,200 children were contacted and of these some 70 were identified as being neither at school nor at work. Recreational activities and follow-up assistance have contributed so far to reducing this figure of 70 to about 40.
In January 1975, another pilot youth guidance project was undertaken by four voluntary agencies concurrently in four selected areas, Sau Mau Ping, Wong Tai Sin, Sek Kip Mei and Chai Wan. This experimental project lasting for two years is intended to identify and reach young persons aged 11-15 who have potential behavioural problems and appear to be school drop-outs.
These activities, added to those organized by the many youth organizations and centres, are all aimed at ensuring that the energies and activities of the young people in this vulnerable age group will not be diverted into anti-social and other similar fields. And it is Government's intention to encourage and extend activities of this kind as far as our resources will allow.
One of the most difficult problems is locating and identifying these young people. Once we can do this, we can do something for them;
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and I would like to take this opportunity of appealing to any parents whose children have "dropped out" of school to contact the nearest New Territories or City District Office or Social Welfare Office for advice—which will readily be given.
MR CHEONG-LEEN: —Sir, the statement made by my honourable Friend about the results of the two pilot projects is interesting, but they are only pilot projects. In view of the fact that the number of dropouts will not be an inconsiderable one, that is 35,000 youngsters, could steps be taken to have projects at the district level for the purpose of identifying and reaching out to young persons in this particular age bracket of 11-15 and bearing in mind, of course, those youngsters who have potential behaviour problems and who are school drop-outs?
SECRETARY FOR SOCIAL SERVICES (ACTING): —Sir, of course these three projects, as I have mentioned, are intended to give us experience in dealing with this problem and one of the organizations that has emerged from this experience is a community development co-ordination committee which has been set up in Wong Tai Sin. Subject to the views of the inter-departmental committee that I have referred to, it is intended that this type of co-ordinating machinery should be extended to other districts. I feel quite certain that with the co-ordination which this will provide that all the resources that are available in the various centres in the urban areas will be exploited to the full.
MR CHEONG-LEEN: —When is the inter-departmental committee going to have its next meeting?
SECRETARY FOR SOCIAL SERVICES (ACTING): —The inter-departmental committee met last month. It will be meeting again in about a month's time.
MR CHEONG-LEEN: —Sir, by meeting in a month's time, will the conclusions and the decisions arrived at enable us to cope with the problem which will arise in September?
SECRETARY FOR SOCIAL SERVICES (ACTING): —Sir, many of the points I have covered in my speech have already been dealt with in some detail by the inter departmental committee and the departmental heads themselves will have the implementation of this in hand.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1012
Oral answers
Crown land
8. MR LO asked: —
Sir, will the Government please detail its policy for the alienation of Crown land to public utility companies?
SECRETARY FOR THE ENVIRONMENT: —Sir, Crown land is granted by private treaty to certain public utility companies for the purposes of the undertaking. To be eligible for this privilege the companies must be bound either by an ordinance or by an undertaking given to Government not to dispose of the sites granted by the private treaty or any other lands used by the company for the purposes of the utility without the consent of the Governor. Certain utility companies have not been prepared to give this undertaking and have preferred to purchase the land required on the open market. Sites are granted restricted to the appropriate function of the public utility concerned, and premium is charged at full market value related to the statutory zoning of the site or, in the absence of a zoning plan, the dominant use in the area. Premium is payable by 10 equal annual instalments, assessed at 10% interest, the first payable on execution of the grant.
MR LO: —Would this policy apply to any grant of Crown land to the prospective Mass Transit Corporation?
SECRETARY FOR THE ENVIRONMENT: —Yes, Sir, in general terms, but in view of the size and the exceptional demands for land of the mass transit railway it might be desirable to negotiate a comprehensive lands agreement with the Corporation. This is being examined at present, and if found appropriate, will be implemented subject to the approval of the Governor in Council.
Public libraries—1
9. MR ALEX WU asked: —
Sir, (a) how many public libraries are there with lending facilities for children in the New Territories under section 105K of the Public Health and Urban Services Ordinance; and
(b) are there plans to establish more such libraries?
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1013
SECRETARY FOR THE NEW TERRITORIES: —Sir, there is at present one such library located at the Fuk Loi Estate, Tsuen Wan. About a third of the library is devoted to children. Although this is the only library gazetted under the ordinance there are other facilities for New Territories children to borrow books under the auspices of the Social Welfare Department. In eight housing estates and community centres library services are provided, there is a book loan service which has twenty-six stations in various schools and kindergartens and a mobile library service which stops at twenty five points mainly in villages.
With regard to the second part of the question, there are indeed plans for establishing more such libraries though progress on finalizing and implementing these plans has not been as fast as I would have liked. A working party report on libraries in the New Territories has been completed and its recommendations are now being costed with a view to presenting comprehensive proposals to you, Sir, in Council.
These proposals assume that the New Territories should be provided with a public library service of a standard comparable to that existing in Hong Kong and Kowloon while making allowance for rural conditions. The total size of the libraries to be built and the allocation of space between adults and juniors and lending and reference will be decided on the advice of the professional librarians employed in the Urban Services Department.
Public libraries—2
10. MR ALEX WU asked: —
Sir, what is Government's provision in 1975-76 for the purchase of reading materials for children's libraries in the New Territories provided under the same section?
SECRETARY FOR THE NEW TERRITORIES: —Sir, the library at Fuk Loi Estate, Tsuen Wan, which I spoke about, was opened in February 1974, and since then bookstock has been built up under a phased programme. So far $176,000 has been spent on English and Chinese books; approximately one fifth of this sum was for children. There is an approved commitment of $53,000 for the current year. Orders have not yet been placed because of the overall need to economise, but I hope it will be possible to do this later in the year if circumstances permit.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1014
[SECRETARY FOR THE NEW TERRITORIES] Oral answers
MR ALEX WU: —Sir, would my honourable Friend agree that the approved commitment of $53,000 should be given high priority in view of the outcry for wholesome reading materials for children?
SECRETARY FOR THE NEW TERRITORIES: —I would agree it should be given high priority, Sir, yes.
Traffic congestion
11. MR LOBO asked: —
Sir, what urgent action is Government taking to improve the chaotic traffic conditions daily at commuting times and at all hours of the weekend from Oueen's Road East to Repulse Bay and from Happy Valley through Blue Pool Road to Wong Nei Chung Gap?
SECRETARY FOR THE ENVIRONMENT: —Sir, I am afraid the short answer is that nothing can be done in the short term to relieve the situation in this traffic corridor at commuting times and at weekends. The north bound lane of Wong Nei Chung Gap Road is already carrying a volume of traffic approaching its ultimate capacity and in excess of the capacity of the Tai Hang Road roundabout. A similar situation exists in Lower Stubbs Road and on the Tai Hang Road approach to the roundabout. If a flyover were built over the roundabout the capacities of the approach roads would still limit the route capacity.
However, it is hoped that in the not too distant future, the proposed Aberdeen Tunnel will become the major road link between the north and south shores of the Island, thus relieving the Wong Nei Chung Gap route.
MR LOBO: —Sir, in view of my honourable Friend's reply, may I know how or in what way the other tunnel will improve the situation?
SECRETARY FOR THE ENVIRONMENT: —Sir, at the present time approximately only half of the traffic using Wong Nei Chung Gap Road on week days is destined for Repulse Bay Road and beyond: the remainder goes to Aberdeen. Whilst new residential development in Repulse Bay and Stanley will undoubtedly increase the traffic demand on Repulse Bay Road an even greater increase is expected on the road
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1015
to Aberdeen. It is the latter demand that the tunnel is intended to meet. In the long term the four lanes of the tunnel are expected to carry a volume of traffic several times greater than that now being carried in Wong Nei Chung Gap Road. Thus the tunnel will improve the situation by drawing off virtually all the traffic bound for Aberdeen as well as a proportion or a fair proportion of the Deep Water Bay and Repulse Bay traffic. This will have the effect of reducing the volume of traffic, on the roads referred to, to much more manageable proportions. At weekends, especially during the summer, there will of course continue to be very heavy traffic to Repulse Bay and Stanley, but in the event that the more direct Wong Nei Chung Gap Road becomes congested, motorists will quickly appreciate the value of diverting to the tunnel. In connexion with the latter, its worth mentioning that the Public Works Department have long terms proposals for the improvement of the road from the south part of the tunnel from Wong Chuk Hang to Stanley.
MR LOBO: —May I know, Sir, when the tunnel will be ready?
SECRETARY FOR THE ENVIRONMENT: —The project has just recently been upgraded to Category A of the Public Works Programme. I should, however, hesitate at this stage to say when the construction will actually commence.
MR LO: —Sir, in the same vein, may I ask Government to clarify what distant future it considers to be too distant?
SECRETARY FOR THE ENVIRONMENT: —Too distant, Sir, would be if it was never built at all (laughter); not too distant is some time before that (laughter).
Government business
Motions
LOANS (GOVERNMENT BONDS) ORDINANCE 1975
THE FINANCIAL SECRETARY moved the following motion: —
That this Council approves the raising under the Loans (Government Bonds) Ordinance 1975 of a loan for the purposes of general revenue not exceeding 250 million dollars.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1016
[THE FINANCIAL SECRETARY] Motions
He said: —Sir, the purpose of this motion is to provide the Government with authority to raise, in Hong Kong, a loan of up to HK$250 million by the issue of bonds under the Loans (Government Bonds) Ordinance.
In paragraph 162* of this year's budget speech, I explained why I did not propose to finance the estimated deficit of some $431 million by running down our fiscal reserves. In paragraph 164*, I said that, since these reserves should not be used, I would have to look to various forms of loan finance; and I mentioned, inter alia, medium term Hong Kong dollar denominated bonds in paragraph 170+ of the speech.
Sir, in the early days of drafting the budget for 1975-76, I must admit that I was thinking mainly in terms of offshore borrowing to meet the bulk of the deficit; but, by the time the budget was presented to this Council, I was beginning to have doubts about the wisdom of this course of action because of the strength of the Hong Kong dollar. In mid-February, its effective appreciation against the Smithsonian realignment, as measured by a trade weighted index of 15 principal currencies, was nearly 10% compared with 5% since the decision to float the Hong Kong dollar on 25th November 1974. This was a firm reminder that one of the main factors to be considered when deciding whether to borrow locally or offshore is the exchange rate. Hence, in my budget speech, I said that legislative authority would be sought which would enable Government to borrow in the local or offshore markets. Two additional pieces of legislation were required to enable us to do this and both have now been enacted: the Loans Ordinance and the Loans (Government Bonds) Ordinance. Thus, providing willing lenders are about at the time, and presently I have no doubts on this score, legislative authority now exists for the Government to borrow in whichever market best suits our interest.
The Hong Kong dollar is not as strong to-day against the US dollars as it was earlier this year. Since mid-February, its effective appreciation has returned to its pre-float level. But the Hong Kong dollar is still relatively strong against the currencies of our principal trading partners; and I suspect that it would move up sharply on the exchange market if we attempted to convert substantial offshore borrowings into Hong Kong dollars. I have, therefore, concluded that,
* See page 515.
+ See page 517.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1017
providing there are no significant movements in the exchange value of the Hong Kong dollar in the meantime, for this year approximately half the amount we plan to borrow should be raised in Hong Kong, and the remainder offshore in the Euro currency market.
The motion before Council, if approved, will authorize the raising of HK$250 million via the issue of bonds; but today's order paper also includes a motion under the Loans Ordinance to authorize the raising of US$50 million in the Euro-dollar market. The sum total of these amounts plus the £ 6.5 million sterling which was authorized in the resolution made and passed by this Council under the Loans Ordinance on 18th June last is, very roughly, of the order of HK$570 million, or about HK$140 million more than the estimated deficit. However, if we wish to establish a firm credit rating in the offshore loan market, US$50 million is about as low as we should go.
In any case, Sir, there would be no harm in having something extra in hand for contingencies to top up the Development Loan Fund and for next year. The drawdown schedule for this offshore loan will have regard to our cash flow position and, needless to say, receipts from both the bond issue and the offshore loan will be placed in interest bearing short term deposit accounts until actually required.
To complete the picture, Sir, I should mention that a further loan from the Asian Development Bank is now being negotiated under the Loans (Asian Development Bank) Ordinance which enables the Government to raise loans from the Bank for specific projects listed in the First Schedule. This is the second loan which the Government has sought from the Asian Development Bank, the first being for US$21.5 million for the desalting plant. The draft loan documents have now been received from the Bank and I am confident that a loan will be made available to Hong Kong in various currencies equivalent to a total of US$20 million which will be used to finance a substantial portion of the offshore cost of our Sha Tin Sewage Treatment Plant project. The present intention is to place a motion before this Council to amend the First Schedule of the Ordinance as soon as possible after the recess. It is unlikely that this loan will be drawn down to any significant extent this year and, therefore, it is not really relevant to this year's budgetary problem as such.
Question put and agreed to.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1018
LOANS ORDINANCE 1975
THE FINANCIAL SECRETARY moved the following motion: —
In exercise of the powers conferred by section 3(1) of the Loans Ordinance, that the Government be authorized to borrow for the purposes of general revenue a sum or sums not exceeding in total the equivalent of US$50 million.
He said: —Sir, the purpose of the motion is to authorize the raising of US$50 million or its equivalent under the Loans Ordinance. There is nothing, Sir, I can usefully add in support to what I said a few minutes ago in moving the motion to raise $250 million under the Loans (Government Bonds) Ordinance.
Question put and agreed to.
SCHEDULE OF WRITES-OFF FOR THE FINANCIAL
YEAR 1974-75
THE FINANCIAL SECRETARY moved the following motion: —
That the writes-off for the financial year 1974-75, as set out in the Schedule, be approved.
SCHEDULE
Writes-off authorized by Finance Committee in the financial year 1974-75
Amount $
Date of meeting
Category Remarks
335,400.00 10. 4.74 Loans Waiver of an interest-free loan to the Lutheran Church as part of the
conversion of an under-used primary
school into a school for handicapped
children.
6,400.00 5. 6.74 Loans Write-off of a loan to a student of the University of Hong Kong who
committed suicide on 13th March 1974.
8,517,228.00 5. 6.74 Advances Write-off of an irrecoverable advance due to the Government.
13,923.00 19. 6.74 Rates Irrecoverable arrears of rates in respect of the premises at 87 Nathan Road, 1st
floor, (excluding shop Nos. 21, 28 and
32), for the period 1st September 1968
to 30th September 1969.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1019
Amount $
Date of meeting
Category Remarks
9,000.00 19. 6.74 Cash Loss of cash by theft at the Tsuen Wan District Office on 29th June 1970.
889,445.94 17. 7.74 Contracts Irrecoverable amount overpaid to a contractor under Public Works
Department Contract Nos. 268/63 and
72/64.
1,426,075.60 18.12.74 Earnings and profits tax
Sundry claims during 1974-75.
He said: —Sir, the purpose of this motion is to seek the covering approval of this Council to those writes-off approved by the Finance Committee during the financial year 1974-75 and which are listed in the Schedule.
Question put and agreed to.
HONG KONG AND YAUMATI FERRY COMPANY
(SERVICES) ORDINANCE
THE SECRETARY FOR THE ENVIRONMENT moved the following motion: —
With the consent of the company, that the Schedule to the ordinance be amended—
(a) in Appendix I by deleting items (h) and (i) under the heading "FERRY RUNS"; and
(b) by deleting Appendix II and substituting the following—
"APPENDIX II
FARES AND CHARGES
1. ACROSS THE HARBOUR SERVICES
A. SERVICES OTHER THAN BETWEEN JUBILEE STREET
FERRY PIER AND KWUN TONG FERRY PIER
per trip
(a) Hoverferry passenger—
Adult or child ............................... ............................... ............................... $2 (b) De Luxe class passenger—
Adult or child ............................... ............................... ............................... $1
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1020
[SECRETARY FOR THE ENVIRONMENT] Hong Kong and Yamnati Ferry Company (Services) Ordinance
per trip
(c) First class passenger—
Adult .............................................. ............................... ............................... 30 cents Child under 16 years ........................................ ............................... ............ 20 cents Child (accompanied) under 3 years ........................ ............................... ..... Free (d) Second class passenger—
Adult or child (other than a child under 3 years accompanied) .................... 20 cents Child (accompanied) under 3 years ……………………………………….. Free (e) Freight, including general cargo, baggage, poultry, pigs in crates,
fish in tubs and other freight ........................ .............................. ................. $1.50 per picul or 4 cubic feet
(f) Passenger car ........................................... .............................. ......................... $3(inclusive of passengers,
flat rate)
(g) Motor cycle (including side car) ................................. .............................. ..... $1(inclusive of passengers,
flat rate)
(h) Load carrying vehicle—
Not exceeding 40 cwt., weight unladen ........... ........................... ............... $6 (inclusive of
passengers and
freight, flat rate)
Exceeding 40 cwt., weight unladen ........................... ........................... ...... $9 (inclusive of
passengers and
freight, flat rate)
(1) Overhanging loads-for every 4 feet overhanging ............ ........................... .... $10
(j) Monthly tickets (valid for first and second class fare and for
current calendar month only)—
Adult ................................................................. ........................... ............ $12 Child under 16 years ......... ........................... ........................... ................ $6
B. BETWEEN JUBILEE STREET FERRY PIER AND
KWUN TONG FERRY PIER
per trip Hoverferry passenger— Adult or child ................................................ ............................... ............... $2 De Luxe class passenger—
Adult or child ................................................ ............................... ............... $1 Ordinary class passenger—
Adult or child ........................................................ ............................... ...... 50 cents
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1021 2. OTHER SERVICES
Freight
(per cwt.)
(a) HONG KONG
Hoverferry Service
De Luxe Class
*Ordinary Class
-PENG CHAU ISLAND $5 $4 50 cents 50 cents -SILVER MINE BAY
(Indirect Service) $5 $4 60 cents 60 cents (Direct Service) $5 $4 $1
-CHEUNG CHAU ISLAND
(Indirect Service) $5 $4 80 cents 70 cents (Direct Service) $5 $4 $1.2
(b) HONG KONG
-KAP SHUI MUN $5 $4 60 cents 50 cents -CASTLE PEAK $5 $4 60 cents 50 cents -TUNG CHUNG $5 $4 $1.2 $1 -TAI O $5 $4 $1.2 $1 -TAI O (Excursion) $5 $4
(c) PEND CHAU
-SILVER MINE BAY $5 $4 30 cents 20 cents -CHEUNG CHAU $5 $4 50 cents 40 cents (d) SILVER MINE BAY
-CHEUNG CHAU $5 $4 30 cents 20 cents -PENG CHAU $5 $4 30 cents
(e) KAP SHUI MUN
-CASTLE PEAK $5 $4 60 cents
-TUNG CHUNG $5 $4 60 cents
-TAI O $5 $4 60 cents
(f) CASTLE PEAK
-TUNG CHUNG $5 $4 60 cents ｝50 cents -TAI O $5 $4 60 cents
(g) TUNG CHUNG
-KAP SHUI MUN $5 $4 60 cents
-CASTLE PEAK $5 $4 60 cents
-TAI O $5 $4 60 cents
(h) HONG KONG
-SOK KWU WAN $5 $4 60 cents 40 cents (i) HONG KONG
-YUNG SHUE WAN $5 $4 60 cents 40 cents (j) YUNG SHUE WAN
-SOK KWU WAN $5 $4 50 cents 30 cents
De Luxe
Class*1st Class *2nd Class
(k) TAI PO KAU
Hoverferry Service
-SHAP SZ HEUNG $5 $4 60 cents 50 cents -SHAM CHUNG $5 $4 60 cents 50 cents -LAI CHI CHONG $5 $4 60 cents 50 cents -TAI TAN $5 $4 $1.2 $1
-CHEK KENG or
KAU LAU WAN $5 $4 $1.2 $1 -TAP MUN $5 $4 $1.2 $1
(l) SHAP SZ HEUNG
-SHAM CHUNG $5 $4 60 cents 50 cents -LAI CHI CHONG $5 $4 60 cents 50 cents -TAI TAN $5 $4 $1.2 $1 -CHEK KENG or
KAU LAU WAN $5 $4 $1.2 $1 -TAP MUN $5 $4 $1.2 $1
* Children under 16 years of age shall be charged half fare
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1022
[SECRETARY FOR THE ENVIRONMENT] Hong Kong and Yamnati Ferry Company (Services) Ordinance
De Luxe
Class *1st Class *2nd Class
(m) SHAM CHUNG
Hoverferry Service
-LAI CHI CHONG $5 $4 60 cents 50 cents -TAI TAN $5 $4 $1.2 $1 -CHEK KENG or
KAU LAU WAN $5 $4 $1.2 $1 -TAP MUN $5 $4 $1.2 $1
(n) LAI CHI CHONG
-TAI TAN $5 $4 60 cents 50 cents -CHEK KENG or
KAU LAU WAN $5 $4 60 cents 50 cents -TAP MUN $5 $4 60 cents 50 cents
(o) TAI TAN
-CHEK KENG or
KAU LAU WAN $5 $4 60 cents 50 cents -TAP MUN $5 $4 60 cents 50 cents
He said: —Sir, I move the resolution standing in my name on the order paper in respect of the proposed amendment to the Schedule to the Hong Kong and Yaumati Ferry Company (Services) Ordinance, Chapter 266.
The Hong Kong and Yaumati Ferry Company operates ferries with first and second class accommodation on its cross-harbour services, except between Central and Kwun Tong. The fares for these classes are laid down in Appendix II of the Schedule to the ordinance and in this schedule there is also provision for a de luxe class on the Kwun Tong route and on the company's outlying districts services. The term de luxe class is currently applied to travel on water taxis and on ferries fitted with individual seating and air-conditioning.
In December 1974, four hoverferries, with de luxe accommodation, were put into service between Central and Tsuen Wan on a trial basis as excluded ferry services, that is, ferries not operating within the provisions of a Ferry Services Ordinance. They have proved to be popular with commuters, despite the higher fare charged, as they provide a more comfortable and faster service. The company now proposes that hoverferries be added to the existing schedule of services so as to permit the operation of hoverferries as well as conventional ferries on any route.
It is therefore necessary to amend, by a resolution of this Council under section 5 of the ordinance, the "Fares and Charges" under Appendix II of the schedule to the ordinance to introduce a flat fare
* Children under 16 years of age shall be charged half fare
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1023
(for adults and children alike) for all hoverferry services of a maximum of $2 per person for "Across the Harbour Services" and $5 per person for "Other Services".
This amendment has been endorsed by the Transport Advisory Committee, and, if it is approved, the Hong Kong and Yaumati Ferry Company intends to offer the public the choice of either a hoverferry or a conventional ferry on selected routes, provided, of course, that the demand exists and sufficient craft are available.
The resolution before honourable Members also seeks to amend Appendix II of the Schedule by deleting 1st and 3rd class fares for certain ferry services, and by deleting all reference to two ferry services which were suspended in 1969 and 1970. These are the Wilmer Street—Aberdeen—Cheung Chau Ferry Pier service and the Wilmer Street Ferry Pier—Aberdeen—Tai O service. Both of these services were originally introduced to carry fish to Aberdeen for the urban markets, and were operated under a subsidy from the Fish Marketing Organization.
In order to effect these amendments, and to take account of a previous approval by Your Excellency in Council for one class fares on certain routes, a completely new Appendix II to the schedule has been prepared and it is this, together with the amendments to Appendix I as indicated in the resolution, that honourable Members are asked to approve.
Question put and agreed to.
COMMODITY EXCHANGE
Resumption of debate on motion (30th July 1975)
Question put that the motion be amended by the addition of the following words "Provided that legislative measures can be made and enforced effectively with particular reference to the need to minimize social hazards to the ordinary citizens of Hong Kong".
DR CHUNG: —Your Excellency, when I spoke on behalf of the majority of Unofficial Members in this Council on 18th June on the original wording of the motion, I made it very clear at the outset that we in Hong Kong should continue to subscribe to the principle of minimal Government control and maximum commercial freedom and that we should welcome any new business venture which would con-tribute
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1024
[DR CHUNG] Commodity Exchange—resumption of debate on motion (30.7.75)
towards the orderly development of our economy and enhance employment opportunities for our people.
My Unofficial colleagues and I, as legislators, are not therefore really concerned with the success or failure of any new business venture in the private sector which it is proposed to establish in Hong Kong. These business risks are those of the owners and operators. However, the legislature should avoid the introduction of any new business which will run contrary to the community interests or create some kind of serious social hazard. It was for this reason that the majority of Unofficial Members had doubts on the establishment of a commodity exchange in Hong Kong.
As I clearly explained on 18th June, the majority of Unofficial Members agree that it will not be possible to entirely stop consolidation or syndication by groups of small speculators on the proposed commodity exchange and therefore feel that there is a real danger of this occurring and involving people with small means and savings. In listening to the speech made by my honourable Friend, the Financial Secretary, on 30th July, my Unofficial colleagues and I were very pleased to know that our concern in this important aspect of community interests is shared by the Government and to hear the assurance given by the Government that adequate legislation could be devised and would be enforced to minimize to an acceptable level opportunities for speculation by small investors and hence social hazards.
In the light of this development, the Unofficial Members have reconsidered their position and I am authorized by all my Unofficial colleagues to say that, subject to the conditions which I will mention shortly, they will support the amended motion having the following wording:
"This Council approves in principle the establishment of a commodity exchange in Hong Kong provided that legislative measures are made and enforced effectively with particular reference to the need to minimize social hazards to the ordinary citizens of Hong Kong."
In agreeing to this amended motion, the Unofficial Members, nevertheless, wish to emphasize at this juncture three important points. First, the main legislative framework and any subsidiary legislation together with rules and regulations for the establishment, organization and operation of the proposed commodity exchange must be approved in advance by this Council.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1025
Secondly, the support given by the Unofficial Members to this amended motion does not prejudice them in debating in this Council at a later date legislative measures proposed by the Government for the control of the proposed commodity exchange and for the protection of community interests.
Thirdly, the Unofficial Members want to disassociate themselves from the executive decision of the Government that "the group", as identified in the speech of the honourable Financial Secretary on 21st May*, would be offered a licence to operate the proposed commodity exchange.
Subject to these conditions, Sir, I, on behalf of the Unofficial Members, support the amended motion before Council.
MR CHEONG-LEEN: —I rise to speak to the amended motion, having noted that the amendment happens to be twice as long as the text of the original motion.
This amended motion will presumably go a long way towards allaying the fears of that section of the community who are worried that a commodity exchange, being a new institution in Hong Kong, could very well lead to a repetition of what happened to the stock market in 1973.
Be that as it may, it is now argued by the Government that a commodity exchange will give long-term beneficial results to our economy, assuming there are adequate safeguards to minimize social hazards to the ordinary citizens of Hong Kong.
After studying the text of the amended motion against the background of the honourable Financial Secretary's speech on 30th July+ in this Council, I shall now not oppose the Government going ahead to draft legislation for the eventual setting up of a commodity exchange here, as it could be an institution with regional and even international economic significance.
However I hope that Government will keep its economic priorities in proper perspective as the average industrialist or businessman in Hong Kong is more concerned that the Government do more—and be seen to be doing more—to keep down Hong Kong living costs, especially rents, and to make Hong Kong export products more saleable and competitive against similar products from Taiwan and South Korea.
* See page 796.
+ See page 951.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1026
[MR CHEONG-LEEN] Commodity Exchange—resumption of debate on motion (30.7.75)
As long as the Government can demonstrate that it is going all-out to revive the Hong Kong economy so that our export products will hold their own on the world markets, and as long as the Government can ensure that the commodity exchange will be of economic value to Hong Kong as a whole, then the public's concern that a commodity exchange can be grossly manipulated against the public interest will have become less acute.
In this respect, we can but be vigilant and wary, and ensure that the Government seeks to protect first and foremost the interests of the man-in-the street rather than any narrow vested interests in Hong Kong.
The amendment was agreed to.
Question put on the amended motion "that this Council approves in principle the establishment of a commodity exchange in Hong Kong provided that legislative measures can be made and enforced effectively with particular reference to the need to minimize social hazards to the ordinary citizens of Hong Kong."
Question put and agreed to.
Second reading of bills
PUBLIC TRANSPORT SERVICES (HONG KONG ISLAND) (AMENDMENT) BILL 1975
Resumption of debate on second reading (30th July 1975)
Question Proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1027
PUBLIC TRANSPORT SERVICES (KOWLOON AND
NEW TERRITORIES) (AMENDMENT) BILL 1975
Resumption of debate on second reading (30th July 1975)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) (AMENDMENT) BILL 1975
Resumption of debate on second reading (30th July 1975)
Question proposed.
Question put and agreed to.
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.
PUBLIC TRANSPORT SERVICES (HONG KONG ISLAND) (AMENDMENT) BILL 1975
Clause 1 was agreed to.
Clause 2
THE ATTORNEY GENERAL: —Sir, I move that clause 2 be amended as set out in the paper before honourable Members.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1028
Public Transport Services (Hong Kong Island) (Amendment) Bill— Committee stage
Proposed amendment
Clause
2 That clause 2 be amended in the proposed new subsection (4) by deleting "and the 1st July 1974" and substituting the following—
", the 1st July 1974 and the 1st July 1975".
The amendment was agreed to.
Clause 2, as amended, was agreed to.
PUBLIC TRANSPORT SERVICES (KOWLOON AND
NEW TERRITORIES) (AMENDMENT) BILL 1975
Clause 1 was agreed to.
Clause 2
THE ATTORNEY GENERAL: —Sir, I move that clause 2 be amended as set out in the paper.
Proposed amendment
Clause
2 That clause 2 be amended in the proposed new subsection (7) by deleting "and the 15th February 1974" and substituting the following—
", the 15th February 1974 and the 15th February 1975".
The amendment was agreed to.
Clause 2, as amended, was agreed to.
DEMOLISHED BUILDINGS (RE-DEVELOPMENT
OF SITES) (AMENDMENT) BILL 1975
Clauses 1 and 2 were agreed to.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1029
PUBLIC OMNIBUS SERVICES BILL 1975
Clause 1
THE ATTORNEY GENERAL: —Sir, I move that clause 1 be amended as set out in the paper before honourable Members.
Proposed amendment
Clause
1 That clause 1 be deleted and the following substituted therefor—
"Short title and com mencement.
1. This Ordinance may be cited as the Public Omnibus Services Ordinance 1975 and shall come into operation on 1st September 1975.".
The amendment was agreed to.
Clause 1, as amended, was agreed to.
Clause 2
THE ATTORNEY GENERAL: —Sir, I move that clause 2 be amended as set out in the paper.
Proposed amendment
Clause
2 That clause 2 be amended by inserting, after the definition of "omnibus", the following new definition—
““profit control scheme” means the profit control scheme provided for by Part V;”.
The amendment was agreed to.
Clause 2, as amended, was agreed to.
Clauses 3 and 4 were agreed to.
Clause 5
THE ATTORNEY GENERAL: —Sir, I move that clause 5 be amended as set out in the paper.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1030
[THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage Proposed amendment
Clause
5 That clause 5 be amended in subclause (3) by inserting after paragraph (a) the following new paragraph—
“(aa) shall, except where the Legislative Council by resolution excludes the application of all or any of the provisions of the profit control scheme, be subject to the profit control scheme;” .
The amendment was agreed to.
Clause 5, as amended, was agreed to.
Clauses 6 to 8 were agreed to.
Clause 9
THE ATTORNEY GENERAL: —Sir, I move that clause 9 be amended as set out in the paper.
Proposed amendments
Clause
9 That clause 9 be amended—
(a) in subclause (2) by inserting, after "foregoing", the following— "but subject to subsection (3)" ; and
(b) by adding the following new subclause—
" (3) No fee or reward, financial or otherwise, shall be
paid by a grantee to a person appointed to be an additional director of the grantee under this section in respect of his performance of the functions of such a director.".
The amendments were agreed to.
Clause 9, as amended, was agreed to.
Clause 10 was agreed to.
Clause 11
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1031
THE ATTORNEY GENERAL: —Sir, I move that clause 11 be amended as set out in the paper.
Proposed amendments
Clause
11 That clause 11 be deleted and the following substituted therefor—
"Grantee to operate on specified routes only.
11. (1) Subject to subsection (2), a grantee shall not operate a public omnibus service otherwise than on a specified route.
(2) Whenever circumstances beyond the control of a grantee so require, a grantee may cause a public omnibus service to be diverted from a specified route for so long as such circumstances continue to so require.".
The amendments were agreed to.
Clause 11, as amended, was agreed to.
Clause 12
THE ATTORNEY GENERAL: —Sir, I move that clause 12 be amended as set out in the paper.
Proposed amendment
Clause
12 That clause 12 be amended in subclause (2) by deleting "the Ordinance" and substituting the following—
"this Ordinance".
The amendment was agreed to.
Clause 12, as amended, was agreed to.
Clause 13
THE ATTORNEY GENERAL: —Sir, I move that clause 13 be amended as set out in the paper.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1032 [THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage
Proposed amendments
Clause
13 That clause 13 be deleted and the following substituted therefor— "Fares. 13. (1) The Governor in Council may determine—
(a) the scale of fares which may be charged for the
carriage of passengers, baggage and goods on any
specified route or group of specified routes; and
(b) the maximum rate of increase which may be
permitted by the Commissioner under subsection (3)
in the scale of fares determined under paragraph (a).
(2) Where under section 15 the Commissioner requires a
grantee to—
(a) alter a specified route temporarily; or
(b) operate a temporary public omnibus service on a
route, not being a specified route,
the Commissioner shall determine the fares which may be charged for the carriage of passengers, baggage and goods on such route in accordance with the appropriate scale of fares determine under subsection (1)(a).
(3) Where circumstances require a public omnibus service
to be operated on a specified route during a period on any day—
(a) at a frequency greater than that directed under
paragraph (a) of section 16(1); or
(b) other than the period directed under that paragraph,
the Commissioner may by notice in writing to the grantee permit the grantee to charge an increased fare for the carriage of passengers, baggage and goods on such route during such period, being the sum of the fare determined in accordance with
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1033
Clause Amendment Proposed
the appropriate scale of fares determined under subsection,(1),(a) and such amount as the Commissioner may think fit at a rate not exceeding the rate of increase determined under subsection (1)(b).
(4) A grantee shall not charge any passenger—
(a) a fare exceeding the fare determined in accordance
with the appropriate scale of fares determined under
subsection (1)(a) or the fare determined under
subsection (2) or permitted under subsection (3); or
(b) except with the permission of the Commissioner, a
fare lower than that so determined or, where
applicable, the increased fare permitted under
subsection (3).
The amendments were agreed to.
Clause 13, as amended, was agreed to.
Clause 14
THE ATTORNEY GENERAL: —Sir, I move that clause 14 be amended as set out in the paper.
Proposed amendments
Clause
14 That clause 14 be amended—
(a) in subclause (1), by deleting "The" and substituting the following— "Subject to subsection (4), the"; and
(b) by adding the following new subclause—
"(4) A requirement shall not be made under subsection (1)
unless the Commissioner has consulted the grantee with respect thereto.".
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[THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage
The amendments were agreed to.
Clause 14, as amended, was agreed to.
Clause 15 was agreed to.
Clause 16
THE ATTORNEY GENERAL: —Sir, I move that clause 16 be amended as set out in the paper.
Proposed amendments
Clause
16 That clause 16 be amended by deleting subclause (3) and substituting therefor the following new subclauses—
"(3) A grantee may, on any specified route in respect of which it has the exclusive right to operate a public omnibus service, increase the frequency at which the service is operated on that route in accordance with a direction under subsection (1) whenever in its opinion circumstances so require.
(4) A grantee may, on any specified route in respect of which it does not have the exclusive right to operate a public omnibus service, increase the frequency at which the service is operated on that route in accordance with a direction under subsection (1) whenever in its opinion circumstances so require, if the increase in the frequency is—
(a) agreed between the grantee and any other grantee which operates a public omnibus service on that route; and
(b) approved by the Commissioner.".
The amendments were agreed to.
Clause 16, as amended, was agreed to.
Clauses 17 to 24 were agreed to.
Clause 25
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1035
THE ATTORNEY GENERAL: —Sir, I move that clause 25 be amended as set out in the paper.
Proposed amendments
Clause
25 That clause 25 be amended in subclause (2) by inserting, after "such period", the following—
“, not exceeding one year,”.
The amendment was agreed to.
Clause 25, as amended, was agreed to.
Clause 26
THE ATTORNEY GENERAL: —Sir, I move that clause 26 be deleted. The deletion was agreed to.
Clause 27
THE ATTORNEY GENERAL: —Sir, I move that clause 27 be deleted. The deletion was agreed to.
Clause 28 was agreed to.
Clause 29
THE ATTORNEY GENERAL: —Sir, I move that clause 29 be amended as set out in the paper.
Proposed amendments
Clause
29 That clause 29 be deleted and the following substituted therefor—
"Amend ment of Schedule of Routes orders.
29. The Commissioner shall, whenever necessary in consequence of—
(a) the exercise of any power conferred on the Governor in Council by section 14;
(b) a revocation under section 24(2); or
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1036
[THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage
(c) any decision of the Governor in Council on an
appeal under section 28,
by order amend the Schedule of Routes order affected thereby.".
The amendments were agreed to.
Clause 29, as amended, was agreed to.
Clauses 30 to 31 were agreed to.
Clause 32
THE ATTORNEY GENERAL: —Sir, I move that clause 32 be amended as set out in the paper.
Proposed amendment
Clause
32 That clause 32 be amended by deleting subclause (3).
The amendment was agreed to.
Clause 32, as amended, was agreed to.
New Clauses
26 "Interpretation."
27 "Development Fund."
27A "Permitted return."
27B "Deductions from permitted return."
27C "Depreciation."
27D "Review of profit control scheme."
27E "Powers of Financial Secretary to require production of accounts, etc."
Clauses read the first time and ordered to be set dawn for second reading pursuant to Standing Order 46(6).
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1037
THE ATTORNEY GENERAL: —Sir, in accordance with Standing Order 46(6) I move that new clauses 26, 27 and 27A to 27E as set out in the paper before honourable Members be read a second time.
Question put and agreed to.
Clauses 26, 27 and 27A to 27E read the second time.
THE ATTORNEY GENERAL: —Sir, I move that new clauses 26, 27 and 27A to 27E be added to the bill.
Proposed
addition
"PART V
PROFIT CONTROL SCHEME
Interpreta
tion. 26. In this Part, unless the context otherwise requires—
"accounting year" means the accounting year adopted by a grantee for drawing up its annual profit and loss accounts
and balance sheet;
"averaged net fixed assets" for any accounting year means the average of the opening and closing balances for that
accounting year, as shown by the records of a grantee, of
its net fixed assets,
"Development Fund" means the Development Fund referred to in section 27(1);
"fixed assets" means the stocks of capital items of stores and spares, investments in land, buildings, omnibuses and
other motor vehicles, plant, machinery and equipment,
furniture, fixtures and fittings and other fixed assets
(including assets in the course of construction, goods in
transit and payments on account) used or kept by a
grantee for the purposes of or in connexion with its
franchise;
"net fixed assets" means the fixed assets of a grantee after any depreciation under section 27C;
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1038
[THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage Clause Addition Proposed
“operating receipts” means—
(a) the total gross sums received by a grantee by way
of—
(i) the fares charged by the grantee for the carriage
of passengers, baggage and goods on public
omnibuses;
(ii) any charges imposed or other benefits
obtained by the grantee under this Ordinance or its
franchise; and
(iii) any other revenue, including revenue from
advertisements, derived from the use of fixed assets,
but does not include interest or dividends on deposits
or investments and the proceeds of the sale or
redemption of investments or fixed or other assets;
and
(b) the gross value, as determined by the Financial
Secretary, of any fixed assets, services or facilities
received by a grantee in lieu of any part of such total
gross sums;
“permitted return” means the return allowed to a grantee under section 27A(1) in an accounting year.
Develop ment Fund.
Permitted return.
27. (1) A grantee shall, for the purposes of its franchise, maintain a Reserve to be called the Development Fund the purpose of which, subject to section 27A(4) and (5), shall be to assist in the acquisition of fixed assets.
(2) The balance in the Development Fund represents a liability of a grantee and shall not be applied except as provided in this Part or in the franchise of a grantee.
27A. (1) The permitted return to a grantee in an accounting year shall be an amount (after
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1039
Clause Addition Proposed
deduction of taxes) equal to the percentage per annum
specified in its franchise of the average net fixed assets of
the grantee in that accounting year.
(2) There shall be deducted from the permitted
return the amounts specified in section 27B.
(3) Where in an accounting year the operating
receipts of a grantee exceed the aggregate of—
(a) the total operating costs of the grantee incurred
in connexion with its franchise, including
depreciation effected in accordance with section
27C; and
(b) taxes, including profits tax,
for that accounting year, the grantee shall deduct the
permitted return from such excess or so much thereof as is
permitted by such excess, and in the former case any excess
remaining thereafter shall be added to the Development
Fund.
(4) Where in an accounting year—
(a) the operating receipts of a grantee are less than
the aggregate of the amounts in respect of
paragraphs (a) and (b) of subsection (3); or
(b) only part of the permitted return has been
deducted under subsection (3),
the grantee shall, subject to subsection (5), deduct from the
Development Fund—
(i) in the case of paragraph (a), the deficiency in the
operating receipts and the entire amount of the
permitted return; and
(ii) in the case of paragraph (b), such part of the
permitted return as has not been deducted under
subsection (3).
(5) If in an accounting year there is no balance in the
Development Fund, or the balance
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1040
[THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage Clause Addition Proposed
in the Development Fund is insufficient, for the purposes
of subsection 4(i) or (ii), as the case may be, the Financial
Secretary may in writing permit the grantee to deduct
from the Development Fund in subsequent years any
amount due to it under that subsection in that accounting
year.
Deductions from
permitted return.
Deprecia tion.
Review of profit
control
scheme.
Powers of Financial Secretary to require
production of accounts, etc.
27B. (1) Subject to such conditions as may be specified in its franchise, there shall be deducted from the permitted return in each accounting year of a grantee—
(a) a charge at the rate specified in its franchise on the average of the opening and closing balances of the Development Fund in the accounting year; and
(b) interest at the rate specified in its franchise on all borrowed capital of the grantee.
(2) Any amounts deducted under subsection (1)(a) shall be added to the Development Fund in the accounts of each accounting year and shall form part of the opening balance of the Development Fund in the next following accounting year.
27C. Subject to such conditions as may be specified in its franchise, the annual rates of depreciation and the residual value in respect of the fixed assets of a grantee shall be as specified in its franchise.
27D.The operation of the profit control scheme in respect of a grantee shall be reviewed by the Governor in Council every 2 years.
27E.The Financial Secretary may require a grantee—
(a) to produce to him, at such time and place as he may specify, such books and statements of account of the grantee; and
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1041
Clause Addition Proposed
(b) to provide to him such information relation to
the public omnibus service operations of the
grantee,
as he may require.".
The addition of the new clauses was agreed to.
Schedule
THE ATTORNEY GENERAL: —Sir, I move that the Schedule be amended as set out in the paper.
Proposed amendments
Schedule That the Schedule be deleted and the following substituted therefor—
"SCHEDULE [s. 32(2).]
Ordinance Amendments
(Cap. 220, sub. leg.)
(Cap. 220, sub. leg.)
Road Traffic (Public
Omnibus, Public Light Bus and Public Car) Regulations.
Road Traffic (Roads and Signs) Regulations.
1. Regulation 7 is revoked.
2. Regulation 15 is amended by deleting "Public Transport Services (Hong Kong Island) Ordinance or the Public Transport Services (Kowloon and New Territories) Ordinance" and substituting the following—
"Public Omnibus Services Ordinance 1975".
The Second Schedule is amended by deleting "Public Transport Services (Hong Kong Island) Ordinance or the Public Transport Services (Kowloon and New Territories) Ordinance" and substituting the following—
"Public Omnibus Services Ordinance 1975".
(Cap. 237.) Fixed Penalty (Traffic Contraventions) Ordinance.
1. Section 6(3)(b) is amended by deleting "Public Transport Services (Hong Kong Island) Ordinance or Public Transport Services (Kowloon and New Territories) Ordinance" and substituting the following—
"Public Omnibus Services Ordinance 1975".
2. Section 12(1) is amended by deleting paragraph (c) and substituting the following—
“(c) to any public omnibus or motor vehicle which is being used in connexion
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1042
[THE ATTORNEY GENERAL] Public Omnibus Services Bill—Committee stage
Ordinance Amendments
with a franchise granted under the
Public Omnibus Services Ordinance
1975 or under another enactment—
(i) being such an omnibus or motor
vehicle, while waiting at an authorized
stopping place or at a turning point or
terminus for such time as is necessary
to enable any person to board or alight
or to load or unload his personal
effects;
(ii) being such an omnibus or motor
vehicle, when parking temporarily at
any place at or near a turning point or
terminus; or
(iii) when, with the permission in
writing of the Commissioner parked at
a terminus between the hours of 11 p.m.
and 7 a.m.".".
The amendments were agreed to.
Schedule, as amended, was agreed to.
OBJECTIONABLE PUBLICATIONS BILL 1975
Clauses 1 and 2 were agreed to.
Clause 3
MR CHEUNG: —Sir, I move that clause 3 be amended as set out in the paper before honourable Members.
Proposed amendment
Clause
3 That clause 3 be amended in subclause (1)(a) by deleting “, revolting or offensive nature" and substituting the following—
"or revolting nature".
The amendment was agreed to.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1043
THE ATTORNEY GENERAL: —Sir, I move that clause 3 be further amended as set out in the paper.
Proposed amendments
Clause
3 That clause 3 be amended—
(a) in subclause (3)(a) by deleting “tend to”;
(b) in sub-paragraph (ii) of subclause (3)(a) by deleting “promote distrust of or disrespect for” and substituting the following—
"bring into contempt"; and
(c) by inserting after subclause (3) the following—
"(4) For the avoidance of doubt, nothing in subsection (3) shall apply to any bona fide article in a newspaper which portrays an actual event.".
The further amendments were agreed to.
Clause 3, as amended, was agreed to.
Clause 4
THE ATTORNEY GENERAL: —Sir, I move that clause 4 be amended as set out in the paper.
Proposed amendments
Clause
4 That clause 4 be amended by inserting after subclause (2) the following—
(3) A person shall not be convicted of an offence
" 1959, c. 66, s.4(1).
1959, c. 66, s.4(2).
under this section and an order for forfeiture shall not be made under section 9 if it is proved that publication of the article in question is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of any other object of general or public concern.
(4) It is hereby declared that the opinion of experts as to the literary, artistic, scientific or other merits of an article may be admitted in any
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1044
[THE ATTORNEY GENERAL] Objectionable Publications Bill—Committee stage
proceeding under this Ordinance either to establish or to
negative the said ground.".
The amendments were agreed to.
Clause 4, as amended, was agreed to.
Clause 5
THE ATTORNEY GENERAL: —Sir, I move that clause 5 be amended as set out in the paper.
Proposed amendments
Clause
5 That clause 5 be amended—
(a) in subclause (1) by deleting "Without prejudice to subsection (2), if" and substituting the following—
“If” ;
(b) in subclause (1) by deleting "2 or more objectionable articles which are the same" and substituting the following—
"2 or more identical objectionable articles";
(c) by deleting subclause (2); and
(d) in subclause (3)(b) by deleting "2 or more objectionable articles which are the same" and substituting the following—
"2 or more identical objectionable articles".
The amendments were agreed to.
Clause 5, as amended, was agreed to.
Clauses 6 to 11 were agreed to.
Long Title
THE ATTORNEY GENERAL: —Sir, I move that the Long Title be amended as set out in the paper.
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1045
Proposed amendment
Clause
Long Title That the Long Title be amended by deleting ", revolting or offensive nature" and substituting the following—
“or revolting nature”.
The Long Title, as amended, was agreed to.
SUMMARY OFFENCES (AMENDMENT) (NO 3) BILL 1975 Clauses 1 and 2 were agreed to.
Council then resumed.
Third reading of bills
THE ATTORNEY GENERAL reported that the
Public Transport Services (Hong Kong Island) (Amendment) Bill 1975
Public Transport Services (Kowloon and New Territories) (Amendment) Bill 1975
Public Omnibus Services Bill 1975 and the
Objectionable Publications Bill 1975
had passed through Committee with amendment and that the
Demolished Buildings (Re-development of Sites) (Amendment) Bill 1975 and the
Summary Offences (Amendment) (No 3) Bill 1975
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.
Adjournment and next sitting
HIS EXCELLENCY THE PRESIDENT: —This business concludes the session. I would like to congratulate Members on the great volume
HONG KONG LEGISLATIVE COUNCIL—13th August 1975 1046
[HIS EXCELLENCY THE PRESIDENT] Adjournment and next sitting
of work transacted and the liveliness of debate. I would also like to wish those who are lucky enough to be doing so a very pleasant holiday (laughter). Council will now adjourn. The next sitting will be held on Wednesday the 1st of October when the new session of this Council will begin.
Adjourned accordingly at ten minutes to four o'clock.
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