OFFICIAL RECORD OF PROCEEDINGS
ミ猭Ы穦某筁祘タΑ魁
Wednesday, 18 October 1995
きるら琍戳
The Council met at half-past Two o'clock
とだ穦某秨﹍
PRESENT
畊
THE PRESIDENT
THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P.
畊独Щ祇某O.B.E., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P.
腜某C.B.E., J.P.
THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P.
㏄辩睶┥某O.B.E., J.P.
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
琖皇某Q.C., J.P.
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
ぶ城某O.B.E., J.P.
THE HONOURABLE SZETO WAH
畕地某
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
糂祇某O.B.E., J.P.
THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P.
︙┯ぱ某O.B.E., J.P.
THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P.
甃ㄎ瞶某O.B.E., J.P.
THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P.
糂胺祸某O.B.E., J.P.
DR THE HONOURABLE EDWARD LEONG CHE-HUNG, O.B.E., J.P.
辩醇翬某O.B.E., J.P.
THE HONOURABLE ALBERT CHAN WAI-YIP
朝岸穨某
THE HONOURABLE CHEUNG MAN-KWONG
眎ゅ某
THE HONOURABLE CHIM PUI-CHUNG
糕蚌┚某
THE HONOURABLE MICHAEL HO MUN-KA
︙庇古某
DR THE HONOURABLE HUANG CHEN-YA, M.B.E.
独綺笽某M.B.E.
THE HONOURABLE ERIC LI KA-CHEUNG, J.P.
產不某J.P.
THE HONOURABLE FRED LI WAH-MING
地某
THE HONOURABLE HENRY TANG YING-YEN, J.P.
璣某J.P.
THE HONOURABLE JAMES TO KUN-SUN
襖略ビ某
DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., F.Eng., J.P.
独篿某M.B.E., F.Eng., J.P.
DR THE HONOURABLE PHILIP WONG YU-HONG
独﹜グ某
DR THE HONOURABLE YEUNG SUM
法此某
THE HONOURABLE ZACHARY WONG WAI-YIN
独岸藉某
THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P.
バ玊某O.B.E., J.P.
THE HONOURABLE LEE CHEUK-YAN
某
THE HONOURABLE CHAN KAM-LAM
朝挪狶某
THE HONOURABLE CHAN WING-CHAN
朝篴篱某
THE HONOURABLE CHAN YUEN-HAN
朝胞糭某
THE HONOURABLE PAUL CHENG MING-FUN
綠癡某
THE HONOURABLE CHENG YIU-TONG
綠模磁某
THE HONOURABLE ANTHONY CHEUNG BING-LEUNG
眎▆某
THE HONOURABLE CHEUNG HON-CHUNG
眎簙┚某
THE HONOURABLE CHOY KAN-PUI, J.P.
讲蚌某J.P.
THE HONOURABLE DAVID CHU YU-LIN
Χギ棚某
THE HONOURABLE ALBERT HO CHUN-YAN
︙玊く某
THE HONOURABLE IP KWOK HIM
腑瓣辆某
THE HONOURABLE LAU CHIN-SHEK
糂ホ某
THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P.
糂簙煌某J.P.
DR THE HONOURABLE LAW CHEUNG-KWOK
霉不瓣某
THE HONOURABLE LAW CHI-KWONG
霉璓某
THE HONOURABLE LEE KAI-MING
币某
THE HONOURABLE LEUNG YIU-CHUNG
辩模┚某
THE HONOURABLE LO SUK-CHING
霉睲某
THE HONOURABLE MOK YING-FAN
馋莱某
THE HONOURABLE MARGARET NG
艷祸某
THE HONOURABLE NGAN KAM-CHUEN
肅繟某
THE HONOURABLE SIN CHUNG-KAI
虫ヲ昂某
THE HONOURABLE TSANG KIN-SHING
纯胺Θ某
DR THE HONOURABLE JOHN TSE WING-LING
谅ッ闹某
THE HONOURABLE MRS ELIZABETH WONG CHIEN CHI-LIEN, C.B.E., I.S.O., J.P.
独窥ㄤ军某C.B.E., I.S.O., J.P.
THE HONOURABLE LAWRENCE YUM SIN-LING
ヴ到圭某
ABSENT
畊
DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D. (CANTAB), J.P.
瓣腳某O.B.E., LL.D. (CANTAB), J.P.
THE HONOURABLE FREDERICK FUNG KIN-KEE
毒浪膀某
THE HONOURABLE EMILY LAU WAI-HING
糂紌某
THE HONOURABLE LEE WING-TAT
ッ笷某
THE HONOURABLE HOWARD YOUNG, J.P.
法У地某J.P.
THE HONOURABLE CHRISTINE LOH KUNG-WAI
嘲糠某
THE HONOURABLE ANDREW CHENG KAR-FOO
綠產碔某
THE HONOURABLE BRUCE LIU SING-LEE
郭Θ某
IN ATTENDANCE
畊
THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P.
CHIEF SECRETARY
ガ現朝よネ某C.B.E., J.P.
THE HONOURABLE DONALD TSANG YAM-KUEN, O.B.E., J.P.
FINANCIAL SECRETARY
癩現纯疆舦某O.B.E., J.P.
THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P.
ATTORNEY GENERAL
現皑碔到某C.M.G., J.P.
MR MICHAEL SUEN MING-YEUNG, C.B.E., J.P.
SECRETARY FOR HOME AFFAIRS
現叭甝喘ネC.B.E., J.P.
MR CHAU TAK-HAY, C.B.E., J.P.
SECRETARY FOR TRADE AND INDUSTRY
坝㏄紈撼ネC.B.E., J.P.
THE HONOURABLE MICHAEL SZE CHO-CHEUNG, I.S.O., J.P.
SECRETARY FOR THE CIVIL SERVICE
そ叭ㄆ叭琁不某I.S.O., J.P.
MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P.
SECRETARY FOR TRANSPORT
笲块纉ゅネI.S.O., J.P.
MR GORDON SIU KWING-CHUE, J.P.
SECRETARY FOR ECONOMIC SERVICES
竒蕾拷琖ネJ.P.
MR NICHOLAS NG WING-FUI, J.P.
SECRETARY FOR CONSTITUTIONAL AFFAIRS
舅ㄆ叭篴ネJ.P.
MRS KATHERINE FOK LO SHIU-CHING, O.B.E., J.P.
SECRETARY FOR HEALTH AND WELFARE
徖ネ褐繬霉璼O.B.E., J.P.
MR RAFAEL HUI SI-YAN, J.P.
SECRETARY FOR FINANCIAL SERVICES
癩竒ㄆ叭砛くネJ.P.
MR JOSEPH WONG WING-PING, J.P.
SECRETARY FOR EDUCATION AND MANPOWER
毙▅参膚ッキネJ.P.
MR PETER LAI HING-LING, J.P.
SECRETARY FOR SECURITY
玂兢紋圭ネJ.P.
MR BOWEN LEUNG PO-WING, J.P.
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS
砏购吏挂現辩腳篴ネJ.P.
MR KWONG HON-SANG, J.P.
SECRETARY FOR WORKS
叭馣簙ネネJ.P.
MRS RACHEL MARY BEDDORD CARTLAND, J.P.
SECRETARY FOR RECREATION AND CULTURE
ゅ眃約冀虏︙ォ冻J.P.
MR ALAN LAI NIN, J.P.
SECRETARY FOR THE TREASURY
畐叭兢ネJ.P.
THE CLERKS TO THE LEGISLATIVE COUNCIL
ミ猭Ы
MR RICKY FUNG CHOI-CHEUNG, SECRETARY GENERAL
毒更不ネ
MR LAW KAM-SANG, DEPUTY SECRETARY GENERAL
捌霉繟ネネ
MISS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL
瞶ゅ地
MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL
瞶朝窜璟ネ
PAPERS
The following papers were laid on the table pursuant to Standing Order 14(2):
Subject
Subsidiary Legislation L.N. No.
Land Survey (Fees) Regulation 458/95
Securities (Offence and Penalty) (Amendment)
Regulation 1995 459/95
Public Health and Municipal Services Ordinance
(Public Pleasure Grounds) (Amendment of Fourth
Schedule) (No. 6) Order 1995 460/95
Public Cemeteries (Regional Council) (Amendment)
(No. 2) Bylaw 1995 461/95
ゅン
ゅン沮穦某盽砏材14(2)兵砏﹚τユЫよ凝
兜ヘ
妮猭ㄒ 猭そ絪腹
代秖禣ノ砏ㄒ 458/95
1995靡ㄩ竜︽の籃玥璹砏ㄒ 459/95
1995そ渤徖ネのカ現兵ㄒそ渤笴贾初
璹4材6腹 460/95
1995そ渤糥初跋办カ現Ы璹
材2腹ㄒ 461/95
Sessional Papers 1995-96
No. 1 - Report by the Commissioner of Police on Police Welfare Fund
for the period 1 April 1993 - 31 March 1994
No. 2 - Urban Council
Revisions to the Lists of Work Approved
During the 1994-95 Financial Year and the
First Quarter of the 1995-96 Financial Year
No. 3 - Sewage Services Trading Fund
Annual Report and Accounts
for the year ended 31 March 1995
No. 4 - Companies Registry
Annual Report 1 April 1994 to 31 March 1995
No. 5 - The Land Registry Trading Fund Hong Kong
Annual Report 1994-95
No. 6 - The Government Minute in Response to Report
No. 24 of the Public Accounts Committee dated July 1995
No. 7 - Hong Kong Sports Development Board Annual Report 94-95
No. 8 - The Government Minute in Response to
The Seventh Annual Report of The Commissioner for
Administrative Complaints Hong Kong Dated June 1995
き︓せ穦戳ず凝ゅン
材1腹⌒ 牡叭矪矪闽牡诡褐膀厨
るら︓るら
材2腹⌒ 璹1994︓95癩現の1995︓96癩現
材﹗竒カ現Ы硄筁睲虫
材3腹⌒ 篒︓きるらゎ
γ矪瞶狝叭犁笲膀厨の眀ヘ
材4腹⌒ そ爹矪厨
るら︓きるら
材5腹⌒ 翠爹矪犁笲膀
︓き厨
材6腹⌒ 莱きる
現┎眀ヘ〆穦材腹厨現┎滦--
材7腹⌒ 翠眃砰祇甶Ы
︓き厨
材8腹⌒ 莱きせる
祇翠ビ禗盡材Ω厨現┎滦--
MISCELLANEOUS
Fourth Periodic Report by Hong Kong under Article 40 of the International Covenant on Civil and Political Rights
Thirteenth Periodic Report by the United Kingdom of Great Britain and Northern Ireland in respect of Hong Kong under the International Convention on the Elimination of all forms of Racial Discrimination
馒兜
翠沮そチ舦㎝現獀舦瓣悔そ
材40兵ユ材Ω﹚戳厨
埃ちΑ贺壁猍跌瓣悔そ
Τ闽翠材Ω﹚戳厨
AFFIRMATION
Mr Fred LI Wah-ming made the Legislative Council Affirmation.
粆
地某弄ミ猭Ы絋粄粆ē
ADDRESSES
The Government Minute in Response to Report No. 24 of the Public Accounts Committee dated July 1995
CHIEF SECRETARY: Mr President, laid on the table today is the Government Minute responding to Report No. 24 of the Public Accounts Committee. The Minute sets out the measures which the Government has taken, or is planning to take, on the conclusions and recommendations contained in the Report.
Mr Peter WONG, the then Chairman of the Public Accounts Committee(PAC), spoke in this Council on 26 July 1995 when tabling the Report. I would like to respond to some of the points he made.
Mr WONG highlighted the problems relating to the licensing of food establishments, particularly the aspects of co-ordination, both within and amongst government departments, and the time required to process applications. As we have advised the Committee at the public hearing, the licensing authorities, that is, the two Municipal Councils, are conscious of the problems and have been making efforts to rectify the situation. The Director of Regional Services and the Director of Urban Services have been seeking the co-operation of concerned departments to streamline the licensing procedures, and co-ordinating improvement measures to achieve this. Both have introduced measures to ensure that the processing time is kept within 60 days. They are also working actively on the "Provisional Licence System" for restaurants whereby premises will be allowed to operate when they have complied with certain basic requirements, pending the issue of a "full" licence. They hope to introduce this system by the end of 1995. In the meantime, control for food business premises will be strengthened and enforcement action on unlicensed premised stepped up to safeguard public safety.
The second issue addressed by Mr WONG in his speech is road opening. The Administration fully recognizes the problems associated with repeated and multiple road excavations and the inconveniences these may cause to the public. We have devoted serious efforts to co-ordinate, plan, and control utility openings to keep disruptions to road users to the minimum. Members will see from the Government Minute what we have done and are planning to do in this respect. We aim to bring to this Council soon the necessary amendments to the Crown Land Ordinance for the implementation of the Excavation Permit Fee Scheme, a measure which we have been asked at various fora of this Council to pursue.
Turning to briefing out of prosecution work to private counsel, I note that the PAC concurs with the Attorney General that there are good public interest reasons for the Legal Department to maintain the briefing out system, mainly to meet operational needs if the resources or the expertise required do not permit the Legal Department to handle the case in-house. It is our intention to handle cases by counsel in the Department as far as possible.
As the PAC rightly points out, it is important for the Legal Department to have clearer policies and guidelines on the briefing out arrangements. The existing system is being reviewed by a working party chaired by the Director of Public Prosecutions and comprising representatives from relevant government departments, the Bar Association and the Law Society. The working party will report to the Attorney General by the end of this year. We shall continue to improve the existing arrangements taking into account the recommendations of the working group. On the question of briefing out fees, since April this year, both the Legal Department and the Legal Aid Department pay maximum standard rate fees only for long and complex cases.
Mr WONG also mentioned the Committee's deliberations on the subject of accountability of public organizations, in particular the role of the Director of Audit in conducting value-for-money audits of such organizations. On this, we note the range of views that Members of the Public Accounts Committee have expressed. We have given these careful consideration. Whilst such audits might increase the transparency and public accountability of statutory bodies, we need to consider whether they are appropriate having regard to the operating framework of individual organizations.
Like some Members of the Committee, our main reservations on the proposal relates to public corporations like the Mass Transit Railway Corporation, the Kowloon-Canton Railway Corporation and the Airport Authority which are established by law to run on prudent commercial principles. For this category of public organizations, we remain of the view that it would be inconsistent with the concept of establishing statutory bodies with a legal requirement to operate along commercial principles if their day-to-day management were to be placed under the scrutiny of the Director of Audit, and eventually to be made public.
We prefer instead to continue to place reliance on the tried and tested statutory and regulatory framework under which such bodies are required to operate. This includes internal and external professional audits and reporting of accounts to this Council. We have no wish to be complacent in this respect, however. We will therefore continue to examine further areas for increasing transparency and accountability, as suggested by Members, where these are also consistent with the principles of sound commercial management.
Mr President, I wish to conclude by saying that it is the aim of the Administration to serve the community by delivering quality services that are efficient and effective. The Director of Audit and the Public Accounts Committee have played a significant role in ensuring that we are on the mark. We will continue to work closely with them in our quest for greater efficiency.
Hong Kong Sports Development Board Annual Report 94-95
SECRETARY FOR RECREATION AND CULTURE: I am pleased to be able to present the Annual Report of the Hong Kong Sports Development Board for the year 1994-95. This Report incorporates the statement of the Hong Kong Sports Institute, and is the first consolidated report of the two organizations since they were integrated under the Hong Kong Sports Development Board Ordinance, with effect from 1 April 1994.
The year 1994-95 is the fourth and final year of the Board's First Strategic Plan. During that four-year-cycle, annual updates of progress have been produced for public information and a consolidated progress report covering 1991-95 has recently been issued.
A good deal of time has been spent in the past 12 months on the preparation of a second Strategic Plan which will cover the next four years, and will thus determine the direction of sports development up to the year 2000. Considerably more consultations with the various agencies have been undertaken in this process than was felt necessary in 1990. The draft Plan was also put out for public consultation from 1 June to 31 July, and comments were received up to 30 September. This exercise has brought the sports community together and its members have responded positively and contributed most helpfully.
Another milestone in sports development was achieved when in May 1994, the Board moved into its new office premises at Sports House, together with 34 National Sports Associations (NSAs). Sports House was built as part of the Hong Kong Stadium redevelopment, through funding from the Royal Hong Kong Jockey Club. The Government, as landlord of Sports House, has entrusted the Board with the responsibility of managing the building at a nominal rental. The building has provided an invaluable focal point for sports development, both locally and internationally, and its lecture theatre and conference rooms have been extensively used by the business and sporting communities.
Funds made available to the Board have continued to increase significantly since the Board's inception five years ago. The Government subvention for 1994-95 was $73.26 million and an additional $12.49 million was raised through sponsorship and donations. A total of $24.05 million was dedicated to the programmes of the NSAs, an increase of 25% on the previous year. In addition, the Hong Kong Sports Development Board currently controls two trust funds donated by the Jockey Club for the Board and the Sports Institute respectively, and there is a $100 million allocation from the Government for the Sports Institute, from which a total of $71.18 million has so far been used for the Board's and the Institute's operations.
Since the introduction of the Board's Block Grant Scheme in 1991, NSAs have been enjoying the benefits of funding for their staffing, office expenses and training programmes. In 1994-95, a total of $41.38 million was allocated under the Scheme to the ASF&OC and NSAs. A comprehensive NSA Career Development Plan has been implemented which includes an in-service training programme, an incremental salary scale, a provident fund scheme and a diploma course in Sports Management at the University of Hong Kong.
One of the Board's most significant community programmes has been the Hongkong Telecom Go! Sports Programme which was launched in 1993. With the full support of the Education Department, major sponsors and two School Sports Associations, it has already reached 40% of Hong Kong schools and promises to be one of the most comprehensive and exciting junior sports programmes ever introduced in the territory.
The Hong Kong Sports Institute is predominantly involved, in accordance with its mandate, in providing an environment in which athletic talent can be identified, nurtured and developed. This aim implies the pursuit of excellence by athletes and coaches. In 1994, Hong Kong's teams won a total of 19 gold, 25 silver and 28 bronze medals at the year's Asian, Commonwealth and FESPIC Games. The Institute played a significant role in helping to produce these results through its coaching effort, and support from its sports medicine and sports science staff.
The Coach Education Programmes administered by the Institute, working with the NSAs, have continued to develop with 35 associations participating. More than 3 900 coaches attended sports theory courses and over 450 coaches attended seven seminars.
A good deal has been done in forging technical links between the Institute and China. A total of 23 coaches were given financial support to attend coach education programmes there and in other countries. Strong working links have also been developed at a technical level with various institutes and organizations in Australia, Canada, the United Kingdom and China.
An important new initiative was launched in athlete education, appreciating the need for the Institute to do more to keep athletes in the programme. Increased resources were made available to prepare athletes for a life after their sporting careers are over. More assistance have been given in providing educational training and in creating career opportunities for athletes. These important support services will be expanded upon in the next financial year.
All in all, it has been a successful first year for the new integrated body which must continue to provide the leadership to take sports development forward. The second Strategic Plan provides the vehicle for this and I look forward to consulting Members of this Council on that Plan in the near future.
The Government Minute in Response to The Seventh Annual Report of The Commissioner for Administrative Complaints Hong Kong Dated June 1995
CHIEF SECRETARY: Mr President, when the Commissioner for Administrative Complaints(COMAC) Seventh Annual Report was presented to the Council on 19 July, the Administration indicated that a Government Minute would be prepared in three months' time. This Government Minute is tabled today.
The Government Minute covers all the complaint cases which COMAC investigated and listed in his Annual Report. In the majority of these cases, the branches and departments involved have accepted and followed up all of COMAC's recommendations. There are a few cases in which some of the COMAC's recommended measures have had to be modified because of operational constraints. The reasons for these modifications are set out in the Minute.
Should any Member of this Council wish to have further clarification on any point in the Government Minute, the Administration would be happy to provide it.
ORAL ANSWERS TO QUESTIONS
Boulders Fallen on Tuen Mun Highway
1. 独岸藉某拜畊ネべそ隔るらホ簎τ旧璓そ隔砆超Ω現┎セЫ
(a)ホ簎
(b)琌Τア粇の﹛ア戮
(c)穦秈︽縒ミ秸琩璝︙の
(d)︙絋玂ぃ穦Τ摸種祇ネ
SECRETARY FOR WORKS: Mr President,
(a) Investigations have indicated that the probable cause may be attributed to fracturing of a part of the rock mass along a hidden plane of weakness during hand splitting of rock adjacent to the portion which subsequently fell off. The rock joints may also have been further weakened by water infiltration arising from heavy rains prior to the incident, including that associated with Typhoon Helen on 11 August.
(b) The case is still being investigated by the police. Upon completion of their investigation, the police may recommend to the Coroner that he is to conduct an inquest. The Coroner's inquest or any further legal proceedings in this matter will determine if any human error or dereliction of duty on the part of any officials was involved.
(c) A Coroner's inquest will essentially constitute an independent inquiry into the matter.
(d) For the works relating to the widening of Tuen Mun Highway, very intensive inspection and monitoring of the slopes are being carried out. The construction methods are under review and will be modified, if required. An alternative alignment is under investigation which will, if adopted, enable the works to proceed to the Tai Lam section without further cutting of the relevant slopes. For future projects which require rock removal from slopes adjacent to roads, we will require that a more rigorous hazard assessment be included in the construction methods proposals. This would ensure that all possibilities of risks and ways of avoiding them are examined in detail.
独岸藉某拜畊ネべそ隔秈︽耎溜祘ゼǎㄤǎㄤ甡旧璓ユ硄腨澜峨べ㎝じ跋窾﹡チ埂峨óぇ璚и粄現┎菏诡よ斗璽﹚砫ヴ┮и绊璶―羆服Θミ縒ミ〆穦秸琩ㄆ
畊ネи稱矗蛤秈拜肈琌璶氮滦(d)琿叭弧狦ら秈︽祘斗眖隔簿ǐホ遏碞穦璶―┯坝盢腨繧蝶︳更硑よ猭某ず硂弧杠倒и禜琌┕現┎┪┯坝⊿Τ秈︽硓过祘繧蝶︳スㄆ現┎璶―┯坝秈︽腨繧蝶︳︙戳秨甶硂摸祘ぃ秈︽程腨蝶︳τ琌ㄆ現┎璶―┯坝秈︽腨蝶︳讽現┎盢祘倒┯坝璶―臮拜┮蝶︳琌ぃì
叭氮畊ネ膀セ┮Τ硂摸祘и-
常穦秈︽繧蝶︳и矗и-
瞷碞べそ隔耎溜祘秈︽╰菏诡穝浪癚┕琁快猭べそ隔秈︽耎溜祘琌Τ﹚螟и-
斗丁秈︽笵隔耎溜祘讽礛и獺ら祘ぶ穦べそ隔祘Τ硂贺ぃ筁礚阶︙и-
穦碞さΩㄆン秈︽冈荷╯ら笿Τ摸祘碞ノさΩ竒喷沮浪癚┮Τゲ惠惫琁
PRESIDENT: Not answered?
独岸藉某拜畊ネ叭⊿Τ氮и拜肈и拜肈琌︙讽盢祘⊿Τ璶―┯坝程腨繧蝶︳τ璶瞷種㎝拜肈璶―┯坝秈︽腨蝶︳
叭氮畊ネи種琌秨甶べそ隔耎溜祘и-
絋Τ璶―繧蝶︳и纯矗さΩㄆンΤㄆ玡ぃ箇代碞琌ホ糷Τぃǎ吊羅τま璓種祇ネ讽礛и-
ら蝶︳祘繧祘穦硂иぃ琌弧и-
⊿Τ碞硂兜祘秈︽蝶︳
朝岸穨某拜畊ネ現┎矪瞶べそ隔の芠纒加ㄢ﹙種ㄆン疭祇戈の厨よ陪Τぃ矪瞶よ猭ぃ琌タミ猭Ыヰ穦戳丁現┎竩
芠纒加種祇ネ現┎セōЧΘ厨牡よ祇秸琩挡狦ぇ玡竒そガ現┎〆ヴ臮拜縫箉痴ЧΘ厨ョ盢ㄤΤそ秨べそ隔種ㄆンよ沮и秆現┎ず场ЧΘ厨現┎玱ぃ腀そ秨Τ闽┯坝ョ〆癠ㄣ臮拜╯赣厨ョ矗ユ現┎現┎妓ぃ腀種そ秨赣厨硂ㄢンㄆン常疉の㏑種端のそ渤痲叫拜︙ㄇ厨そ秨ㄇ玱ぃそ秨現┎┮瞶パ琌或琌璶ミ猭Ыまノミ猭Ы舦の疭舦兵ㄒ腀種そ秨硂ㄢ厨
叭氮畊ネ朝某弧眔癸┯坝㎝現┎常ЧΘ秸琩厨и-
辨碞硂ㄢ厨笷Θ挡阶祔丁べ跋某穦ユи-
琌非称そ秨厨
糂胺祸某拜畊ネΜべそ隔ホ簎竒喷璝Τ摸種ㄆン祇ネま璓ゲ斗候隔現┎Τì镑莱跑惫琁絋玂ユ硄ぃ穦Ω瞷睼睹狦Τ杠叫拜и-
琌︙贺惫琁
叭氮畊ネи辨パиㄆ笲块秆氮硂拜肈
SECRETARY FOR TRANSPORT: Mr President, we acknowledge that the closure of Tuen Mun Road resulted in a lot of inconvenience and of course the Government very much regrets that. But having said that, the Government has no reservation to state, even now, that we did take the correct decision in closing Tuen Mun Road, because there was no question of subjecting commuters to any injury or death. Emergencies are emergencies. We have contingency plans in trying to arrange alternative transport modes to cope with emergencies. But the very fact is that in emergencies of this magnitude we cannot arrange alternative modes of transport at the flick of a switch. If we compare, for example, the closure of Tuen Mun Road to the closure of any major road elsewhere, for example M1 in England, it is inevitable that commuters will be inconvenienced. But we have learnt from the experience. The Transport Department, Police, Highways Department, Transport Branch and all other departments concerned are conducting a wash-up. We have had a preliminary round of discussions and we shall continue to see what lessons we can learn. From our findings we will try to ensure, that in the unlikely event that it will be necessary to close such a major road again, we can accommodate traffic flow more efficiently.
襖略ビ某拜畊ネ独岸藉某拜肈(b)场だ拜の琌Τア粇┪﹛ア戮τ(c)场だ玥拜穦秈︽縒ミ秸琩沮и瞶秆独某琌拜穦碞﹛Τア戮┪ア粇秈︽縒ミ秸琩叭氮滦(c)琿弧癟膀セ妮兜縒ミ秸琩叫拜叭琩Τ闽癟兵ㄒ癟琌╯︙璓传ēぇ挡阶琌種︑礛┪波┛单ぃ穦發╯琌Τア戮┪︙ア戮現┎琌ご粄沮猭ㄒ┮弧癟膀セ蠢縒ミ秸琩∕﹚琌Τ﹛ア粇┪ア戮
叭氮畊ネ琌Τ惠璶秈︽縒ミ秸琩и獺程琌癟畑挡阶狦粄斗秈˙秸琩и-
碞穦σ納
肅繟某拜畊ネΤ闽現┎盢穦る超べそ隔獽秈︽耎祘ㄆи-
眖厨彻眔眡現┎吭高べ跋某穦綝跋某穦は癸叫拜現┎セЫ現┎︙村弧┪跋某穦钡秈︽硂兜祘
叭氮畊ネи-
Ν玡べ跋某穦秆睦Τ闽芕琿耎祘矗Τ惠璶超场だ笵隔τぃ琌超べそ隔讽跋某穦辨и-
σ納Τㄤ快猭磷隔τ秈︽耎祘瞷隔現竝ㄆタ穝浪癚俱兜耎溜祘璸购辨тЧ到快猭琂ゐ斗超べそ隔τ秈︽耎溜祘
︙玊く某拜畊ネи蔼砍钮叭弧穦荷秖σ納ㄤ︽よ猭τゐ斗隔и稱矗翴べ跋某穦Ω矗は癸琌パ⊿Τだ戈и獺べ㎝じ跋某穦常稱笵俱ンㄆ秸琩薄猵辨莉眔ì戈笵俱兜祘ら琌︙郸购ㄒ临Τぶ琿笵隔斗秈︽祘盢ㄓ斗隔ぶΩの琌硂Ω隔碞ЧΘ俱兜祘ы┪穦Τㄤ匡拒ㄒ边丁秈︽祘跋某穦Ч⊿Τ戈┮セ礚眖∕﹚叫拜叭┯空ゼ矗ㄑì戈ぇ玡┪ㄢ跋某穦┪セЫユ硄ㄆ叭〆穦笵冈薄σ納ぇ玡ぃ穦虫よ瞯隔∕﹚ㄏ计窾カチ紇臫
叭氮畊ネ硂琌и-
辨暗ㄆゼ眔ㄢ跋某穦種玡и-
ぃ穦隔秈︽耎溜祘и-
﹚穦吭高ㄢ跋某穦種ǎ
Public Housing for Civil Servants
2. 独窥ㄤ军某拜畊ネ現┎セЫΤ闽だ皌そ┬ぉ耕羱そ叭現郸冈薄の琌ゴ衡э兜現郸璝礛讽Ы穦碞玠搭兜パㄓそ叭褐τ干纕
そ叭ㄆ叭氮畊ネ砮ㄓи-
璓э到そ叭褐ㄤい珹兜盽砞璸购琵そ叭甧ビ叫そ┬戈そ叭埃硓筁近そ祅癘ビ叫そ临硓筁硂兜そ叭皌璸购ビ叫そ
硂兜璸购せ秨﹍崩︽筁赣皌肂┮矗ㄑそ┬计ヘぃ荷斗跌┬〆穦秖の癸そ┬惠―τ﹚せ赣皌肂矗ㄑ117虫︗ㄤ虫︗计ヘ硋亥糤糤︓2 001ぃ筁パ赣秖腨ぃì┮そ叭ê礚莉眔ヴ︙皌肂き︓戳丁赣皌肂┮矗ㄑ肂パ500︓1 500ぃ单肂Τ1 100き计肂糤︓1 700パき︓さ皌肂计ヘ蝴–1 700キ珹1 300︘そ虫︗㎝400﹡Τㄤ虫︗τ﹡Τㄤ虫︗ョ硋亥ㄆ舧硂兜皌肂璸购崩︽︓さ竒Τ37 666ㄆのㄤ產妮磃
︓瞷︽皌肂のだ皌薄猵の笲Α竒筁浪癚璹讽Ы皌肂よだ皌肂㎝疭皌肂ㄢ摸羆羱の材夹非羱そ叭硓筁皌肂ビ叫そ┬︓﹡現┎场盝の禯瞒程癶ヰ闹ぃ禬筁牡叭㎝钉ヮ︴玥硓筁疭皌肂ビ叫そ皌肂ず摸肂だ皌и-
–璶籔よ絉坝∕﹚パ︓癬だ皌阀薄琌羆羱ㄆ660材夹非羱ㄆ400牡叭400ㄤ︴200筁き牡叭の钉ヮ︴ビ叫皌肂よ瞷ㄑ筁―薄猵ㄒΤ92逞緇肂挤耴皌肂ず︽だ皌
瞷妮摸ㄆАΤ戈ビ叫硂ㄇ皌肂や羱翴羆羱材21翴瞷る羱22,035じ┪ㄆ牡叭羱材28翴瞷る羱28,015じ┪ㄆ场钉や羱23,180じ︓材夹非羱玥程蔼や羱翴9,225じ皌纔Ω玥戈τ絪﹚狝叭戳ㄆ莉纔Τ種硓筁近そ羆祅癘ビ叫-
蛮恨霍ョ硓筁そ近ビ叫竒そ叭皌肂ビ叫
皌肂计ヘ琌パ┬〆穦酚┬竝種ǎτ璹そ叭ㄆ叭–籔┬竝絉坝∕﹚皌肂计ヘのΤ闽虫︗そ┪﹡だガさ絉坝挡狦琌и-
糤皌肂计ヘ硂琌筁ㄓи-
Ω眔Θぃ筁и-
ョ斗钡︘ノそ虫︗よ穦Τ┮玠搭ㄆ龟き︓せи-
眔皌肂Τ1 950┕琌1 700だ皌薄珹750︘そ虫︗700﹡虫︗の500︑戈﹡┮禪蹿璸购肂程︑竚﹡┮禪蹿肂パ30窾じ矗蔼︓60窾じτ琌
и稱硂眏秸и-
⊿Τэ跑и-
現郸ョぃゴ衡硂妓暗そ叭そ┬皌肂瘤礛獶そ叭舦и-
笵ョ獶盽跌硂兜疭褐そ叭ぃ穦и-
さΩ璹皌肂τ眔ヴ︙干纕さ皌肂Τ┮э跑琌パそ璸购祇甶┮璓иЧ秆┬〆穦┮癸薄猵ョ獺そ叭莱フ硂祇甶癸皌肂紇臫ぃ筁и粄絋玂そ叭眔瞶だ皌﹡︘虫︗ョ獶盽璶パ﹡虫︗Τ┮糤и-
Ω崩︑竚﹡┮禪蹿璸购и辨硂妓辣干玠搭︘そ虫︗计ヘ
祔そ叭ㄆ叭盢穦祇硄淋叫戈そ叭荷еビ叫硂ㄇ皌肂иョ穦荷е甶秨だ皌
独窥ㄤ军某拜畊ネи谅そ叭ㄆ叭矗ㄑ灿τ冈荷氮滦ㄤ龟и笵そ叭眏疨璶―ぃ筁琌辨現┎糹︽砫ヴ矗ㄑì镑そ倒翠カチ珹ōカチだそ叭и稱蛤秈拜肈琌現┎Τ碞–皌肂计ヘ籔そ叭絉坝㎡そ叭ㄆ叭矗穦籔┬竝絉坝ê或そ叭琌紇臫現┎Τ籔-
絉坝㎡安⊿Τ杠︙
そ叭ㄆ叭氮畊ネ癸独窥ㄤ军某蝶粂иκだぇκ種硂琌и-
璶暗иョ穦暗︓и-
Τ籔そ叭絉坝硂拜肈ㄤ龟и-
–Ω籔よ秨穦常穦癚阶硂そ叭皌璸购-
璶―琌–常糤ㄇ皌肂ㄒパ1 700糤︓1 900单硂翴и-
睲贰и-
–籔┬竝絉坝ョ竒笵硂兜璶―讽礛笷-
璶―闽τ硂ㄇぃи磝搐ぇずи-
很荷┮眔1 950皌肂皌肂琌Τ┮糤堡硂1 950皌肂ず︘虫︗耕┕ぶ硂琌よぃ骸種よτぃ琌弧и-
Τ蛤-
坝秖硂拜肈и-
常笵よ璶―Τ闽硂よи-
琌獶盽睲贰
某拜畊ネそ叭ㄆ叭氮滦ず眏秸⊿Τэ跑現郸и谋眔Τㄇ粇旧Θだㄤ龟現郸琌э跑碞琌搭ぶそ皌肂糤﹡皌肂иぃフ︙そ叭ㄆ叭ご眏秸⊿Τэ跑現郸иぃフ琌狦そ叭ㄆ叭矗纯籔絉坝杠и獺-
瞷琌璶―Τ计ヘそ皌肂τぃ琌钩そ叭ㄆ叭矗パ1 700糤︓1 900蝴计ヘそ皌肂よ︙そ叭ㄆ叭ぃ蛤-
碞硂よ秈︽絉坝碙璶―
そ叭ㄆ叭氮畊ネи獺程璶翴琌и-
Τ篗綪┪э跑硂兜褐硂兜褐﹚荡癸⊿Τэ跑τ瞷э跑琌璶莱瞷┬玻秖の┬〆穦┮癸贺拜肈ㄒ璶睲╊羬跋单狦-
粄さ玻秖ぃìそ叭矗ㄑ1 300︘虫︗τ璶ノ﹡Τㄤ虫︗ㄓ恶干и粄硂琌瞶τ钡瘤礛и秆и-
ㄆ辨莉だ皌ㄇ︘虫︗ㄤ龟﹡Τㄤ虫︗Τカ初ぃ琌⊿Τカ初︓и矗︑竚﹡┮禪蹿璸购┕そ叭⊿Τ硂兜褐琌и-
眔ㄓ︓╯澈硂璸购Τ⊿Τカ初и粄и-
ぃ莱びΝ﹚阶
酵のΤ闽籔よ坝秖и-
﹚纯Ω籔-
坝秖產ゲ斗瞶秆绘眔硂或碞衡坝秖Ωи-
常礚猭笷瞶稱и-
璶そ叭硂よ褐籔カチ近单ㄢぇ丁眔痷タキ颗そ叭埃硂璸购纔皌眔そи临禗-
材夹非羱ずㄆ单竒莉皌虫︗τ琌カ跋虫︗讽и-
璸衡-
Μ璸衡τぃ琌璸衡產畑羆Μ狦и-
ヘ玡Μのи矗の计產常莱赣みいΤ计
朝胞糭某拜畊ネ钮そ叭ㄆ叭弧杠и稱矗ㄇ借拜琎ぱ┬セЫ纯竒矗ゼㄓせ秖琌141 000虫︗и-
讽借好┬箂箂硂秖笷現┎ヘ夹近丁眖罽祏︓き琎らи-
矗借好粄硂计ぃ笷ヘ夹さぱ钮そ叭ㄆ叭氮滦笵瞷そ叭莉皌そ计ヘョ綝玠搭ゼ笷そ叭セō惠―叫拜よ常癸そ虫︗惠―薄猵и-
Τ闽﹛琌莱籔┬癚阶τぃ琌弧璶莱"绘"τぃ
PRESIDENT: Miss CHAN, you are straying away from the original question and answer, but I am quite sure the Secretary for the Civil Service would be happy to discuss with the Secretary for Housing.
SECRETARY FOR THE CIVIL SERVICE: Mr President, I confirm.
Primary Health Care Centres Serving AIDS Patients
3. 朝挪狶某拜 挪現┎ら璸购纒芖砍丁珹稲逮痜盿颠矗ㄑ狝叭膀糷臔瞶いみま璓腞垂堕场だ﹡チぃ骸現┎セЫ
(a) セ翠瞷Τぶ丁摸膀糷臔瞶いみヘ玡惠―︙
(b) 現┎砏购赣单いみ翴Τ︙非玥の
(c) 現┎穦σ納盢纒芖膀糷臔瞶いみ綞┕綟続翴
徖ネ褐氮畊ネ
(a) セ翠瞷Τ69丁膀糷胺眃臔瞶いみㄤい丁埃矗ㄑ禘の產畑胺眃狝叭ョ砞Τ穦徖ネ禘励┮稲逮痜盿颠单┦痜眞矗ㄑ狝叭
炊硄禘禘励┮砞ミ琌把酚翠砏购夹非籔非玥–窾砞丁禘励┮ゑ瞯ㄌ沮芠俄跋ㄒΤ52窾Τ丁炊硄禘禘励┮Τ惠璶赣跋糤砞丁禘励┮
穦徖ネ禘励┮狝叭惠―よ筁ず羆―禘Ω糤14%パ14窾Ω糤︓16窾Ω戳丁穝痝计ョ糤40%パ10 500糤︓14 900稲逮痜盿颠羆计パ箂206糤︓520τ稲逮痜痜计ヘョパ44糤︓130︳璸セ翠瞷Τ3 000稲逮痜盿颠穦糤︓6 200硂摸狝叭惠―琌陪
砍纒芖禘励┮璸购琌皌兜膀糷胺眃臔瞶狝叭惠―ㄤい珹炊硄禘狝叭の稲逮痜盿颠单┦痜眞矗ㄑ狝叭
(b) 砏购膀糷胺眃臔瞶いみ翴︗竚琌よ獽続い琌璶硂ㄇいみ琌籔胺眃臔瞶ぇ丁材钡牟翴и-
硂摸いみ硄盽砞跋ず﹡チ˙︽笷絛瞅Τそユ硄狝叭ㄆ龟场だいみА砞︘跋丁いみ矗ㄑ絛瞅約獂狝叭ョ才瓣悔丁祇甶膀糷胺眃臔瞶狝叭镣墩硂兜祇甶眏秸膀糷胺眃臔瞶吏挂矗ㄑ╰狝叭
(c) 硂兜砍璸购匡琌竒筁场冈灿σ納匡﹚現┎ョΤσ納綟翴тぃ続翴Τ闽祘セる矗ど叭璸购ヒ祘祘盢る甶秨箇戳┏ЧΘ璝璶匡拒翴獽穦粇︓ぶㄢ丁癸矗ㄑ兜狝叭珹禘穦徖ネ厩担胺眃㎝丁ρ臔緄皘狝叭穦硑Θぃ▆紇臫
朝挪狶某拜畊ネ狦酚現┎┮弧ゑㄒ–窾碞莱砞Τ丁禘励┮ㄤ龟芠俄跋Ν钡70窾Τ丁炊硄禘┮琌弧現┎硂よフフ粇芠俄跋﹡チ11瞷現┎非称芠俄跋砞ミ膀糷臔瞶いみㄆ龟だ吭高疭匡よユ硄ぃ才瞶稱赣矪翴祇甶璸购莱琌砍厩㎝跋いみ徖ネ褐弧現┎тぃ続翴ㄤ龟и-
琍戳纯籔砏购竝Τ闽﹛癚阶﹡チ纯芠俄跋某穦矗ㄇ種ǎ莉眔芠俄跋某穦钡芠俄跋某穦Ω穦某硄筁笆某璶―現┎σ納盢翴э┕矪耕钡耕よ獽㎝耕よи辨現┎冈灿秆睦︙ぃσ納芠俄跋﹡チ㎝跋某穦種ǎ
PRESIDENT: May I please remind Members to keep their supplementaries, particularly the preambles, short.
徖ネ褐氮畊ネ闽腞垂堕场だ﹡チ某翴и-
纯竒冈σ納赣矪逼徊牡羆场莱祏戳ず笆︓ㄤㄢ翴ㄤい矪琌纒芖そ堕ヰ就ノ赣矪獶砏购現┎刮砰㎝跋ノ硚矪玥坝穨ノ砏购ぃ続現┎刮砰の跋ノ硚и-
ョ碞瞷匡σ納笵ó进のユ硄薄猵ぃ穦癸腞垂堕﹡チ硑Θぃ獽
㏄辩睶┥某拜畊ネミ猭ЫΤㄇ腞垂堕﹡チ某矗ㄇ借高辨и-
徖ネ褐矗拜膀セ-
Τ璶拜肈碞琌-
潦禦腞垂堕虫︗瓜陪ボ瞷匡セㄓノ砍跋いみ㎝厩瞷現┎玱盢ㄤ锣禘┮锣跑ノ硚玡現┎Τ吭高赣矪﹡チ種ǎ︙匡禟︘加眔鲤ぇ筳琂礛よ硂或︙ぃ砞禯瞒︘加环翴よ
徖ネ褐氮現┎∕﹚匡拒翴砍丁禘┮㎝膀糷胺眃いみ纯碞计よ冈灿吭高跋ず﹡チ種ǎ祘璸购よи-
–常跋﹡チ矗ㄑ戈程Ω冈灿吭高琌箂さる㎝るи-
纯秈︽冈灿吭高程﹡チ癸稲逮痜㎝ㄤ┦钡牟τ肚琕痜痝Τㄇ紐納竒筁徖ネ竝ㄆ冈灿秆睦场だ﹡チ竒ゑ耕フτ埃硂よ臮納
㏄辩睶┥某拜и拜肈琌或э跑ノ硚匡Ч⊿Τ筳瞒籔︘加钡
徖ネ褐氮и璶氮滦い矗匡拒胺眃いみ翴璶琌璶よ獽﹡チи-
┮Τ膀糷胺眃臔瞶いみ︗竚﹚璶よ獽﹡チ玡┕胺眃いみ斗ユ硄よ獽┮常砞︘跋︓恏ずи-
ぃ琌材Ω秈︽硂よи-
Τㄤ禘励┮㎝胺眃臔瞶いみ砞カ跋㎝チ﹡
DR LEONG CHE-HUNG: Mr President, while we all realize that the Disability Discrimination Ordinance has not yet come into effect, it has been passed by this Council. Could the Administration inform this Council whether the request for relocation of this centre, which also provides for the care of patients infected with HIV, and I stress, it also provides care for people with HIV, contravenes this Ordinance? To me, this is a blatant act of discrimination.
徖ネ褐氮畊ネ狦痷琌硂瞶パτ璶―現┎砎翴и獺硂笻は兵ㄒ
︙庇古某拜畊ネ璶拜肈疭矗硂いみ穦稲逮痜盿颠狝叭旧璓ㄇ﹡チぃ骸現┎и-
瞷﹡チぃ骸璶╯澈琌粇秆临琌猍跌現┎赣跋跋某璓羆服獺ンい矗禘┮穦盿ㄓぃ▆紇臫ㄒ灿颠稰琕吏挂徖ネ拜肈㎝獀碿て单硂ㄇㄤ龟常琌癸稲逮痜ぃ瞶秆㎝岿粇獺叫拜現┎碞硂よ穦暗ㄇ或タ硂ㄇぃタ絋獺
徖ネ褐氮畊ネ讽﹡チ絋龟硂よ矗紐納竒筁и-
冈灿秆睦-
癸稲逮痜㎝ㄤ┦钡牟τ肚琕痜痝糤粄醚и-
纯-
秆睦稲逮痜ぃ穦淮肚琕赣痜琌竒筁﹀睪㎝┦钡牟穦稰琕ぃ穦竒┪ら盽笆肚琕и-
穦膥尿稲逮痜毙▅㎝肚よ眏狝叭㎝
璣某拜畊ネ挪腞垂堕﹡チは莱現┎Τ浪癚稲逮痜膀穦きノ毙▅㎝崩約窾じ琌ノ眔ㄤ┮產だ睲贰徖ネ褐氮滦い纯矗稲逮痜セぃ肚琕ぃ穦禯瞒钡τ肚琕稲逮痜┮Τ闽砞ミ硂いみ拜肈毙▅莱赣琌程そ闽よ猭現┎纯碞┮窥琌ì镑┪讽浪癚
徖ネ褐氮畊ネΤ闽稲逮痜膀穦挤蹿ノ硚琌続讽㎝ì镑и-
穦竒盽秈︽浪癚ㄆ龟–兜笆┪ビ叫常璶矗ユ厨倒膀穦–兜笆┪肚ЧΘи-
常Τ冈灿厨蝶︳赣单笆痲и-
穦膥尿蝶︳–兜の–摸毙▅┪肚笆痲
璣某拜徖ネ褐⊿Τ氮и拜肈и拜肈琌硂掸蹿兜琌ノ眔ㄤ┮笷ヘ
徖ネ褐氮и-
–Ω秈︽蝶︳常惠璶笵êㄇ蹿兜琌Τ笷箇戳璸购ヘ
独綺笽某拜畊ネ埃硂︗跋某獺ンи-
临Μ﹡チ獺ン獺ず矗砍硂丁禘┮穦﹡チ甧痜颠稰琕逮耑㎝獻デ-
陪礛癸稲逮痜秆膀セ籔玡猍跌拂浩痜家妓現┎絋龟и-
靡材稲逮痜眞ㄤ龟ぃぶ琌炊硄產畑包㎝﹀ね痜眞材稲逮痜ぃ琌竒┪炊硄钡牟肚琕の材稲逮痜眞礚逮耑┪獻デ渡現┎穦氮莱и-
ぃ穦猍跌τ氨ゎ┮Τ翠カチ 礚阶-
眞或痜 А荷е矗ㄑì镑洛励狝叭
徖ネ褐氮畊ネи絋龟氮滦某и-
穦膥尿┮Τ稰琕ヴ︙痜颠珹稲逮痜眞ず矗ㄑ狝叭
霉璓某拜畊ネи矗拜肈籔独綺笽某拜肈璓徖ネ褐矗穦膥尿矗ㄑ硂ㄇ狝叭ぃ筁沮筁┕竒喷讽Τㄇ﹡チ碞琘ㄇ狝叭虫︗矗は癸現┎┕┕τ┿矗ㄑ赣摸狝叭叫拜徖ネ褐さΩ穦Τì镑獺み㎝∕みㄌ酚璸购膥尿矗ㄑ硂ㄇ狝叭
徖ネ褐氮畊ネи氮滦琌﹚и-
﹚穦﹚璸购秈︽
Conduct of Medical Practitioners
4. 腑瓣辆某拜挪猭畑崩陆洛叭〆穦癸笻は盡穨玥洛叭┮掉∕現┎セЫ穦荷е浪癚瞷禗措笵の╯猭畑㎝洛叭〆穦瞷は掉∕癸穦紇臫眖τ蹦続讽惫琁確カチ癸瞷菏恨洛叭巨诀獺み
徖ネ褐氮畊ネ洛ネ爹兵ㄒ材26兵璹ヴ︙爹洛ネ癸翠洛叭〆穦碞ㄆ﹜┮箋稰ぃ骸禗猭皘矗禗禗猭皘Τ舦蝴崩陆┪эΤ闽箋
讽Ы穦祏戳ずセЫ穝矗ユ洛ネ爹兵ㄒ兜璹某τㄤい兜琌甭舦禗猭皘盢祇洛叭〆穦糵讽Ыョ某耎洛叭〆穦Θ舱珹穨
瞷洛叭〆穦–Ω癟挡常穦そガΤ闽∕﹚瞶パ秈˙糤笲硓辨硂兜逼琵Τ闽よ睲贰笵洛叭〆穦∕﹚и辨瓃惫琁Τ埃腑某紐納и-
﹚穦膥尿痙種ㄆ篈祇甶
腑瓣辆某拜拜肈ぃ琌璶埃и紐納τ琌カチ紐納и拜肈璶琌闽確カチ癸瞷菏恨洛叭巨诀獺み瞷カチ籔洛ネぇ丁琌Τ戈癟ぃキ颗薄猵カチぃ笵洛ネ琌笻は巨τ洛叭〆穦玥睲贰笵洛ネ︽よ笻は巨礛τ洛叭〆穦琌穦籔猭畑は∕┮и辨徖ネ褐镑絋氮滦︙確カチ獺み
徖ネ褐氮и璶氮滦ず矗の洛叭〆穦瞷蹦穝快猭–Ω测癟挡常穦そガΤ闽∕﹚瞶パ玡琌⊿Τそガ瞶パさ暗猭カチ笵洛叭〆穦膀︙贺瞶パ掉∕и辨眖硂よカチ癸洛叭〆穦掉∕眔戈
ㄤΩи-
盢穦矗ユ兵ㄒ辨糤穨Θ洛叭〆穦ΘΤ〆菏恨洛ネ巨
DR LEONG CHE-HUNG: Mr President, while I entirely respect the independence of the Judiciary, the fact remains that the court bases its decision on points of law while the Medical Council, which is a professional body, bases its decision purely on a peer assessment basis. Could the Secretary inform this Council how this difference could be bridged so that the convictions and penalties imposed by the Medical Council, which is a professional body, would be given the respect and consideration due and that this professional body would not be made a mockery of? The Secretary just replied that the Medical Council could inform the public why it makes its decision and that the Medical Registration Ordinance could be amended to increase the number of lay members. But that will not bridge the gap and that would still fail to get the court to agree with the decison of the Medical Council.
徖ネ褐氮畊ネиョ矗兜э跑辨甭ぉ禗猭皘兜舦瞷禗猭皘琌Τ舦蝴崩陆┪эΤ闽箋璝洛ネ爹兵ㄒ眔硄筁ㄤい兜э跑碞琌甭舦禗猭皘盢祇临洛叭〆穦糵羭ョ糤洛叭〆穦戮ㄤΩ洛叭〆穦瞷ョ盢掉∕そ秨玡琌⊿Τ硂妓暗硂妓癸禗猭皘Τ腊
襖略ビ某拜畊ネ洛叭〆穦┕∕砆崩陆┪砆禗猭皘崩陆璶琌パ祘ア粇┪琌陪掉ぃそ单薄猵
и谋眔徖ネ褐⊿Τ氮辩醇翬某┮矗拜肈硂セ琌ㄢ甅ぃ夹非洛叭〆穦测癟ビ禗┪畊常硓筁眘ノ畍朝瓃芠翴︓禗猭皘ョΤだ猭珼驹∕﹚徖ネ褐穦眏洛叭〆穦猭や穿瞷臛よ┕┕竨ノ眘ノ畍τや穿洛叭〆穦玱琌ㄣ称计竒喷畍琘琿丁ョ穦传珿硂よゼゲ磝搐┪矗ㄑ種ǎ洛叭〆穦〆┕┕硂よや穿τぃぃ谋丁猭祘ぃそ笵∕﹚璓砆崩陆
徖ネ褐氮畊ネ洛叭〆穦ョΤ猭臮拜璝Τ惠璶糤硂よや穿и現矗璶―
MISS MARGARET NG: The Secretary had just reiterated the second paragraph of her answer in response to Dr LEONG Che-hung's question which I understand was in the following terms. He wants the Secretary to assure him that there are measures to get the court to agree with the decision of the Council. Is the Secretary telling this Council that this is a measure to get the court to agree with the decision of the Medical Council?
徖ネ褐氮洛ネ爹兵ㄒ琌Τ禗措笵и-
莱碙硂禗措笵玂痙–常Τ禗舦┮и-
ぃ莱箇猭祘
MR ERIC LI: Mr President, can the Secretary further elucidate on the precise form of the announcement of the Medical Council? Will it be in the form of short statements made simply to inform the public of the sentence reached, or will it consist of a detailed description of the nature of the complaint, the full fact findings and all the pertienent legal arguments in support of the Council's decision?
徖ネ褐氮洛叭〆穦测癟厨琌パㄤ∕﹚琌冈灿┪虏祏厨讽礛璝ウ粄斗璶冈灿厨︑礛穦硂妓暗
PRESIDENT: Dr LEONG Che-hung, I also have Mr James TO's name on my list, and you both have already asked two supplementaries. If there is no urgency in the supplementaries, may I propose that we get on with the remaining questions?
Theft of Container Tractors
5. 綠模磁某拜畊ネ挪ヘ玡セ翠砯耫ó╈繷砆祍叛薄猵讽腨現┎セЫ
(a)Τ闽场Τ猔種拜肈のΤ︙癸郸の
(b)筁ㄢㄓ砯耫ó╈繷砆祍叛计
玂氮畊ネ現┎Τ闽场︑る秨﹍砯耫ó╈繷だ秨璸衡ア叛计ぇ玡硂ㄇ计挤耴ア叛砯ó俱砰计ㄖ璸衡и矗ㄑ筁12る╈繷ア叛计筁Τ441进砯耫ó╈繷砆叛ㄤい112进24.5%碝硂441 进砯耫ó╈繷戳砆叛ó进羆计4 725进9.3%
程ó进祍叛讽い砯耫ó╈繷砆叛ΤΘ穝镣墩螺禜砆叛砯耫ó╈繷パ材﹗92进糤︓セ材﹗162进и-
讽礛闽猔硂摸竜︽粿ど薄猵и-
Τ瞶パ獺疉の硂ㄇ竜畕籔筁┕禥═ó叛妮摸栋刮Τ舱麓竜の穦秸琩㏑盡砫秸琩硂摸デ竜栋刮︑セる癬Θ╇の浪北︓ぶ硂摸栋刮癌稦だ秸琩籔い瓣讽Ы玂盞ち羛蹈絩硂ㄇ栋刮福㎝ず钡Μ砆叛ó进デ竜だ
叛敖砯耫ó╈繷程е丁緋筁娩挂牡よтㄇ砯耫ó砆叛堵翴竒盽闽龄丁㎝翴砞竚隔毁阑浪琩ó进戳篒畕рó繷簿瞒セ翠
ňゎ竜ョ籔玂繧そΤ闽砯笲穨の诀穦候盞羛蹈玃叫-
矗蔼牡谋蹦続讽箇ň惫琁ㄒ杆竚ň祍砞琁单搭ぶア叛╈繷ン
綠模磁某拜現┎氮滦弧╈繷祍叛亥Θ穝镣墩и稱拜現┎埃笲い瓣嘲ぇ硂ㄇ╈繷Τ砆╊床笲ㄤ瓣產τ現┎Τ籔硂ㄇ瓣產坝癚盢êㄇ竒т╈繷ユセ翠ó
玂氮畊ネ沮и┮翠ア叛╈繷荡场だ常琌笲嘲讽礛иぃ弧荡癸ぃ穦Τ╈繷砆╊床笲┕ㄤよ︓籔い瓣嘲Τ闽讽Ы羛蹈セ翠牡よョ籔い瓣そ讽Ы候盞羛么盢Τ闽戈ユ倒-
珹砆叛砯耫╈繷戈ョ讽礛穦矗ㄑㄤ砆叛═ó戈и-
笵嘲そ讽Ыョ秈︽秸琩и辨秸琩Τ挡狦
糕蚌┚某拜畊ネΤ琿丁翠Τ讽禥┬ó砆敖い瓣嘲璸衡玂繧アóóセō璶璽砫﹚穕ア┮孔"乖┏"瞷砯耫ó╈繷ア叛Τ妓薄场だ诀セ璽踞ぃ癬硂掸┮孔"乖┏"蹿兜玂氮滦ず程ê琿矗の讽Ы籔玂繧そ┪ㄤΤ闽诀篶羛蹈︙ňゎ硂拜肈玂и-
穦Θミ阁场〆穦筀ゎ硂摸叛穨ずぃ癬硂掸玂繧禣璓俱︽穨笲ョ紇臫
玂氮畊ネи獺箇ň惫琁ぃ﹚惠璶阁场〆穦ㄓ璽砫牡よňゎ竜钡籔Τ闽刮砰羛蹈ㄒ砯耫穨戮穦砯耫穨そ砯óそ┪砯ó诀舱麓籔-
钡絉坝-
矗ㄑ種ǎ猵┮璶暗惫琁ョぃ﹚螟暗硂ㄇ箇ň惫琁珹тㄇ恨瞶耕ó初氨╈繷ョ杆ňゎ祍叛╰参ň祍牡厨猧絚玛浹玛单︓杆ň祍發暼╰参ㄆ龟琌Τ快猭τョぃび螟暗眔砯耫╈繷琌禥ó进瘤礛ㄇ箇ň惫琁璶禣ㄇ窥и獺┪玂毁砯耫╈繷ぃ穦砆敖硂琌眔
糂胺祸某拜畊ネ氮滦い矗のΤ112进砯耫ó╈繷砆碝叫拜玂硂112 进╈繷琌パい瓣讽Ы逼癳临倒翠㎡氮滦材琿矗の秸琩穦籔い瓣讽Ы玂盞ち羛蹈玂氮滦いョ矗の荡场だ砆敖╈繷常琌緋い瓣嘲︙ご琌玂候盞羛蹈τぃ琌穝镣墩瞷ぇ眏羛蹈の蹦皐癸┦︽笆┪惫琁癸Τ闽拜肈㎡
玂氮糂胺祸某拜ㄢ拜肈材拜肈矗и璶氮滦い弧и-
碝112进砯耫╈繷琌パい瓣よ癳倒翠氮琌﹚ウ-
场琌セ翠碝︓糂某材拜肈拜の︙Τ硂ㄇㄆン祇ネи-
临度弧玂候盞羛蹈讽礛и-
琌硓筁続讽措笵琵翠牡よ籔ずそ场玂候盞羛蹈が硄よ獽い瓣嘲Τ闽そ讽Ыず秈︽秸琩︓Τ闽秸琩讽礛琌妮い瓣そ讽Ыㄆ薄иぃ稱蝶阶и瞏獺い瓣そ讽Ы竒甶秨秸琩硂ㄇ竜辨-
秸琩е莉眔▆Θ狦
襖略ビ某拜畊ネ琂礛玂矗计╈繷常琌砆祍叛ぇミ緋筁娩挂ê或牡よ┪Τ闽场Τσ納祇疭靡ゅンㄏ硂摸╈繷筁挂斗ボ琘ㄇゅン硄筁獽搭ぶのňゎ硂摸叛
玂氮畊ネㄤ龟и-
ゼゲ斗璶硂妓暗и-
瞷タ籔Τ闽场珹現竝ㄆ╯兜惫琁︽┦碞琌狦Τㄇ诀疉の敖叛ó进竜︽砆浪北の﹚竜ぇи-
σ納篗綪-
超笵隔硄︽砛靡玌嘿"窽跋"
Suicide among the Elderly
6. 谅ッ闹某拜セ翠ρ︑炳拜肈腨現┎セЫΤňゎρ︑炳矗ㄑ狝叭の現┎Τ︙环癸郸㎝惫琁秆∕硂拜肈
徖ネ褐氮畊ネ︑炳琌だ狡馒拜肈Τ珹薄狐ы苳胺眃癐癶眞ソ戳痚痜稰﹖虫┪砆框斌单璝の倒ぉの徊旧︑炳ㄆン常琌磷
搭ぶρ︑炳讽Ы斗璶矗ㄑ兜狝叭琵-
稰︑ご礛琌穦だの癸穦Τ癪膍и-
┹甶ρいみのρ狝叭いみㄓ笷硂ヘ
眏ρ狝叭いみの耎ウ-
钡牟呼и-
パセる癬丁ρ狝叭いみ崩︽竡璸购の竡叭璸购硂ㄇ璸购疭琌竡璸购Ξ眏ρ籔┮妮跋羛么ㄏêㄇご礛荐み把籔穦ㄆ叭ρΤ诀穦钡牟ㄤρ-
矗ㄑ
埃硂ㄇ箇ň惫琁讽Ыョρ矗ㄑ钡甶狝叭㎝诀ざ狝叭跋ρ舱ρ弘舱穦褐竝烈產畑狝叭いみの弘穦А矗ㄑ盡穨徊旧Τ惠璶ρのΤ闽璶璓筿穦褐竝獽莉眔┮惠戈㎝
环郸菠よ現┎穦膥尿眏瞷Τの穝秨甶狝叭穦跋糷羭快肚毙▅笆矪瞶ρ︑炳拜肈現┎ㄤ產の穦常ш簍璶à︹產の綟莱闽み-
㏄瞅ρ痙種-
ら盽ネ猵祇谋Τρ惠璶穿籔穦褐竝┪Τ闽獶現┎诀篶羛蹈現┎砞ミ兜ρ狝叭闽龄絋玂惠璶硂ㄇ狝叭ρ钡牟硂ㄇ狝叭硂よ狦眔カチ荐み把籔琌и-
ЧΘヴ叭
谅ッ闹某拜畊ネ沮現┎计沮–︓ぶΤκρ產︑炳硂ㄇ计沮陪陪ボ翠瞷┮矗ㄑ狝叭Τэ到ρいみ㎝じていみ璶ヘ琌ρ矗ㄑㄇ跋眃贾狝叭τ獶徊旧┪ňゎ︑炳狝叭籔ρ產钡钡牟程琌ρいみτ產叭瞶ョ竒盽钡牟ρ-
常⊿Τ钡筁ňゎ︑炳よ癡絤┮徊旧ρ┪ňゎ︑炳狝叭よ礚阶借籔秖常ぃì镑現┎セЫ程盢ㄓ穦э到徊旧ρも絪眏矗ㄑρ甶狝叭秆∕ρ︑炳拜肈
徖ネ褐氮畊ネ眏も絪︓耎甶狝叭腊Τ惠璶ρ琌Τよ猭甶狝叭硓筁家Α秈︽τ甶狝叭硂阀├琌続讽и-
惠璶冈灿╯︙程Τ钡牟ρи-
斗璶笵ρ﹡︘惠璶摸狝叭┮斗ㄌ苦羛蹈呼矗ㄑΤ狝叭и種и-
斗璶硂よσ納妓眏ρ矗ㄑ狝叭疭琌甶Α狝叭
地某拜畊ネи蔼砍钮徖ネ褐弧甶狝叭и拜肈籔Τ闽и-
褐ㄆ叭〆穦纯Ω璶―現┎荷е耎甶ρ甶狝叭眔ぃタ莱Τ︑炳渡ρ產硄盽翧Τ把ρいみ笆穦琌ゑ耕波瞒竤┮甶狝叭琌钡Τ皐癸縒﹡ゑ耕波瞒ρ產搭ぶ︑炳ㄆン祇ネ堡瞷翠ご眔ㄢや甶狝叭钉膀セЧぃ秆∕拜肈┮и辨拜徖ネ褐琂礛谋眔甶狝叭琌Τ︙计ㄓ︓ヘ玡ご眔ㄢや甶狝叭钉︙荷е∕﹚耎甶瞷硂ㄢや甶狝叭钉
徖ネ褐氮畊ネ闽ノ或Α钡牟ρ琌惠璶よσ納甶狝叭琌︽家Αи-
璶︙Τ笲ノ戈方и-
穦膥尿冈灿╯ノ程Τよ猭钡牟ρㄏρ钡牟㎝ㄤ诀篶琵笵惠-
矗ㄑㄇ或狝叭
PRESIDENT: Not answered?
地某拜и谋眔徖ネ褐⊿Τ氮и拜肈ㄤ龟拜肈虏虫琂礛徖ネ褐粄甶琌Τよ猭︙︓さご眔ㄢ钉︙∕﹚莱糤и谋眔莱冈灿睲贰氮硂拜肈
PRESIDENT: I think the Secretary has answered your question.
独岸藉某拜畊ネタи-
ㄆ弧–キАΤκρ︑炳硂计筁计蝴獶徖ネ褐┮弧Τ狝叭ぃ耞矗ㄑτ︑炳计ご蔼
畊ネ徖ネ褐氮滦材琿い矗︑炳琌狡馒拜肈ョ羭ㄇ珹薄狐ы苳胺眃癐癶眞ソ戳痚痜┪戳痜眞稰﹖虫单单硂ㄇ拜肈荡场だ常㎝ρō砰胺眃㎝み瞶猵Τ闽硈徖ネ褐弧眔程琌"璝の倒ぉの徊旧︑炳ㄆン常琌磷"タи-
ㄆ常發拜碞胺眃猵み瞶徊旧よ瞷矗ㄑ狝叭琌獶盽獶盽珹甶钉眔ㄢ钉み瞶洛ネぶ礚阶妓眏肚┪眃贾笆常ぃ腊硂ㄇρ瘤竒и-
Ω發拜徖ネ褐常⊿Τ┯空︙眏硂よ腊ρの矗ㄑ続讽㎝徊旧
叫拜徖ネ褐ぃ┯空τ瞷狝叭ぃì镑临弧璶膥尿╯現┎硂暗猭琌ǎぃ毕
徖ネ褐氮畊ネ┪и矗ㄑㄇ戈倒產把σ埃┮弧狝叭и-
ごΤㄤ狝叭珹荐絬筿杠狝叭硂ョ琌瓣產㎝よ蹦ノよ猭穦褐竝Τ兜荐絬筿杠狝叭ㄤ诀篶ョΤ矗ㄑ摸荐絬筿杠狝叭Τ惠璶のΝざ瞷硂ㄇ荐絬杠狝叭ョΤρいみのρ狝叭いみず矗ㄑㄇ闽弘胺眃戈ョΤ徊旧狝叭Τρ惠璶笵ㄤ兜ヘΤㄇ荐絬筿杠琌24狝叭穦褐竝產畑狝叭いみョ矗ㄑ徊旧狝叭┮и-
ぃ琌綼ㄢや甶钉矗ㄑ硂ㄇ狝叭
PRESIDENT: I have three more names and I propose to draw a line there.
霉不瓣某拜叫拜徖ネ褐ρ︑炳薄猵いΤ⊿Τ祇瞷ρ︑炳渡ど镣墩琌パ竒蕾誹┪ア穨硑Θ
徖ネ褐氮畊ネи-
戈礚冈灿だ猂ρ︙パ︑炳и璶氮滦い纯矗璶琌薄狐よ薄狐ы苳胺眃拜肈﹖虫稰谋砆框斌稰谋ㄤ瓣產╯常矗摸Τ薄琌ア產產畑沸磑ア辨荡辨单稰薄弘и-
ぃ笵-
琌ㄤㄒ竒蕾ア穨τ︑炳
独綺笽某拜畊ネ徖ネ褐矗ぃ狝叭珹荐絬筿杠腊ρ產徖ネ褐и-
╯澈硂ㄇ狝叭钡牟ぶ稱︑炳τ璶―ρ筁1计琌妓硂ㄇ狝叭╯澈琌Τよ徖ネ褐纯弧⊿Τだ猂ρ︑炳ê或氮すи-
穦璶―徖ネ竝硂よ秸琩獽Τ砞璸箇ň郸菠
徖ネ褐氮畊ネ埃獶ㄓ筿ρ睲贰禗и-
箇称︑炳玥и-
ゼゲ笵薄狐拜肈и硂よ琩и-
戈狦Τ杠и穦氮滦某(Annex)︓材拜肈и種и-
惠璶硂よ暗ㄇだ猂獽秆闽ρ︑炳Θ︓ㄤ︑炳ㄆンΘ
霉璓某拜畊ネ矗闽Τ惠璶ρのΤ闽璓筿穦褐竝荐絬筿杠眔惠璶腊㎝戈ョ矗旧璓ρ︑炳ㄤいㄇ璶琌薄狐拜肈陪礛讽Τ薄狐拜肈惠璶ミ眔や穿堡沮侯穿璸购まρ埃獶琌端摧┪縒﹡┪靡Τ疭惠璶玥ぃビ叫筿杠や穿传ēぇㄤぃ琌縒﹡端摧┪⊿Τ疭惠璶ρ產硈筿杠⊿Τ叫拜讽ρ薄狐辅τョ安砞笵筿杠腹絏︙璓筿穦褐竝荐絬筿杠
徖ネ褐氮畊ネ闽矗ㄑ筿杠狝叭и-
笵羛㎝筿杠そ常種矗ㄑㄇ禣杆筿杠狝叭ぉ縒﹡ρㄤΩ霉某弧眔タ絋钡そ穿縒﹡ρ莉矗ㄑ筿杠の–る蠢煤筿杠禣闽ㄤ狦惠璶杆筿杠и-
Τ快猭ㄇ褐膀璶―矗ㄑ穿杆筿杠
WRITTEN ANSWERS TO QUESTIONS
Release of XI Yang
7. 糂紌某拜Τ闽厨癘畊喘い瓣砆ㄆ現┎セЫ筁ず翠現┎纯蹦或よ猭碝―Νら莉睦の琌眔眡璣瓣現┎Τ蹦妓┪ㄤよ猭ㄏ畊喘莉睦
SECRETARY FOR HOME AFFAIRS: Mr President, the British and Hong Kong Governments remain concerned about the case of Mr XI Yang. Both Governments have raised this case on many occasions with the Chinese Government, and at very high level. We have conveyed our concern, and that of Hong Kong people and his family, about Mr XI, and urged that clear guidelines be produced for journalists working in China. In April 1995, Mr XI's case was raised by the then Secretary of State during his meeting with Vice-Premier QIAN Qichen in New York. In June, at the request of the family, the Hong Kong Government made representation to the Chinese authorities concerning the welfare of Mr XI. Earlier this month, the Secretary of State, during his meeting with Vice-Premier QIAN Qichen in London, also expressed the concern of the British and Hong Kong Governments, Hong Kong people and Mr XI's family about his circumstances including his health. The Hong Kong Government will continue to keep in close touch with the family and render whatever assistance is appropriate.
"Rat Accounts"
8. 糕蚌┚某拜パ羛ユ┮の戳砯ユ┮场だ穦癸┮孔"ρ公"猭獶盽ぃ骸のは稰粄腨禨赣单︽穨︗現┎讽ЫセЫ
(a) 現┎讽Ы癸"ρ公"﹚竡のㄤ︽だ猂︙の
(b) 現┎琌眡布戳砯竒のㄤ眖穨琌ぃ籔め癸絃璝礛硂妓琌笻璉︑パ禩現郸
SECRETARY FOR FINANCIAL SERVICES: Mr President,
(a) "Rat trading" is a term which has been used for many years in the Hong Kong securities and futures markets. It is a generic term covering a wide range of malpractices by brokers or their staff (staff) trading dishonestly, to the disadvantage of clients. This trading invariably results in material benefits to brokers or their staff at the expenses of unsuspecting clients, by not giving clients the best execution of their orders. This is usually achieved by delaying notification of trade executions so as to take advantage of short-term swings in the purchase and sale price of the transaction and by interposing an additional transaction by themselves between the client and the market. As a result, the clients will almost inevitably receive an inferior price in the execution of their orders. In an effort to mask delays and identities of trading activities, the staff will often open an account (that is, a "rat account") either with the broker with whom the staff work or, more commonly, with another broker.
To the extent that brokers or their staff engaging in "rat trading" will not be acting in the best interests of their clients as required by the Rules of the Exchange, neither the Government nor the Securities and Futures Commission would condone such practices.
(b) The Securities and Futures Commission and the two exchanges have established rules and codes of conduct which a broker should follow when dealing in transactions either for his own account or for his clients. The objective is to protect the interests of investors and to ensure that the broker conducts his business in a manner which contributes towards the maintenance of a fair and orderly market.
These rules and codes of conduct do not forbid brokers and their staff to match orders with their clients as such. Rather, they spell out clearly the principles and practices which a broker shall follow when carrying on cross trading between clients and between the client and the broker (or staff). Among other things, client orders should receive the best available execution and be given precedence over house orders. Moreover, before entering into such transactions, the broker must disclose to his client the fact that he has a material interest in the transactions and receive the client's consent either orally or in writing. The broker also must take all reasonable steps to ensure fair treatment of the client.
We are aware also that as part of their internal control measures, the better managed brokers have rules requiring orders to be time-stamped so as to provide an audit trail. Indeed, some brokers go to the extent of prohibiting their staff from matching their own orders with those of clients or dealing through other brokers.
Consultancy Studies on Reclamation and Redevelopment
9. MISS CHRISTINE LOH asked: In regard to major consultancy studies relating to reclamation and redevelopment, will the Government inform this Council:
(a) of the terms of reference, cost and completion date in respect of each of the studies undertaken since 1993; and
(b) whether consideration is being given to undertaking similar studies in the near future; if so, what are the objectives and cost estimates of such studies?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, consultancy studies relating to reclamation and redevelopment include strategic planning studies, preliminary project feasibility studies and detailed project engineering studies.
Details of major consultancy studies undertaken by the Government since 1993 are at Table 1.
Details of other major consultancy studies which are tentatively planned to start before 1997 are at Table 2.
Table 1 : Major consultancy studies conducted since 1993
StudyStart/ Completion Dates
Terms of Reference Costs
($/M)Hong Kong Island West Development StatementJan 1993
to
late 1995Formulate overall planning framework, urban renewal framework and land use sectoral action plan and, examine the institutional arrangements and resource implications for implementation of the proposal in various sections of Hong Kong Island
4.9Wan Chai Reclamation Phase IJun 1993
to
Nov 1993Study the viability of, and determine the extent and amount of infrastructure and associated cost for the reclamation
3.5Green Island Public DumpAug 1993
to
Sep 1995Assess the environmental and traffic impacts
5.5Pak Shek Kok ReclamationSep 1993
to
Apr 1994
Assess the environmental impact and road access2.3Lantau Port Development Stage I - Design of Reclamation for Container Terminals 10 & 11 & Back-up AreasJan 1995
to
Dec 1995Study the detailed engineering design of the reclamation and edge structures for the container terminals 22.0
Central Reclamation Phase IIIFeb 1995
to
Mar 1997
Study the detailed design and site investigation65.0Tsuen Wan Bay Further ReclamationJun 1995
to
Mar 1996
Conduct engineering, planning and environmental investigations10.0Kowloon Point Development Feasibility Study
Aug 1995
to
Nov 1996Study the feasibility of the development32.0South East Kowloon Development Feasibility StudySep 1995
to
May 1997Study the feasibility of transforming the South East Kowloon Development Statement into action plans for implementation85.0
Table 2: Major consultancy studies planned between now and 1996
StudyTentative Start/ Completion Dates
Terms of Reference Estimated Costs
($/M)Green Island Stage IApr 1996
to
Jul 1998
Conduct review studies, and study the detailed design and site investigation64.0
Wanchai Reclamation Phase IIApr 1996
to
Sep 1997
Detailed design and site investigation140.0
Tsuen Wan Bay Further ReclamationJun 1996
to
Jan 1999
Study the detailed design13.0Tseung Kwan O Area 131Aug 1996
to
Dec 1997Analyse and select a layout for the development of the area for mid-stream cargo handling facilities, a concrete batching plant and a barging point13.0
Illegal Occupation of Government Land
10.地某拜ㄓ妮﹛℡綝獶猭秨玖贺ぇノ硂贺薄猵亥镣腨虫琌芠俄跋Τ矪℡瞷摸薄猵現┎セЫ
(a)瞷翠Τぶ︗﹛℡綝獶猭秨玖贺
(b)℡綝獶猭秨玖贺穦糤猟渡耺繧の
(c)現┎Τ或祏戳の戳惫琁ňゎ﹛綝獶猭ノ
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President,
(a) we regret that we have not kept specific statistics on the number of sites situated on hillsides located on government land which has been illegally opened up for farming. Undertaking such a survey is very resource intensive and not possible in the time given to reply to the question. The Lands Department's practice is to act on complaints received on illegal occupation or use of government land. We shall be very happy to act on the cases mentioned by the Honourable Fred LI if he can provide some information to us.
(b) the opening up of hillside for farming may under certain circumstances increase the risk of landslips. It is not possible to generalize the situation as many determining factors are involved, such as the scale, size and nature of the farming activities, the original condition and margin of stability of the hillside in question, and the impact of the former on the latter.
(c) the Government has power under the Crown Land Ordinance (Cap. 28) to take action against unauthorized occupation of government land. We will continue to respond to reported cases of illegal occupation of government land as well as cases detected during patrols made by district land staff.
Pollution in Victoria Harbour
11.辩模┚某拜挪蝴ㄈ翠γ琕拜肈ら痲腨現┎セЫ
(a)翠ㄢ─уぶ兜胑恶祘の
(b)Τ︙惫琁ňゎΤ闽祘癸翠硑Θγ琕
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, seven reclamation projects have been approved in the Victoria Harbour. They are Central Reclamation Phase I, Central Reclamation Phase II, Wan Chai Reclamation Phase I, Aldrich Bay Reclamation, Belcher Bay Reclamation, West Kowloon Reclamation, and Stonecutters Island Naval Base.
Reclamation projects by themselves are not the cause of pollution. However, they could affect the hydrology in the harbour which might have an impact on water quality. Measures have therefore been taken at both the planning and implementation stages to ensure that any impact is kept within acceptable levels.
At the strategic planning level, the cumulative hydrological and water quality impacts resulting from reclamation projects have been assessed in the context of Territorial Development Strategy, Metroplan and Port and Airport Development Strategy. Engineering hydraulics studies have been undertaken to study the effects of reclamation projects and other harbour engineering works on tidal flows, wave propagation and sediment deposit. A large scale physical tidal model has been built to facilitate in-depth investigation of the hydraulic effects of such coastal developments.
At the project design level, detailed engineering studies and environmental impact assessments are conducted before the projects are implemented to ensure that the water quality impacts during and after construction do not exceed acceptable limits.
Careful construction programming and monitoring also ensure that any water quality problems caused by the reclamation works is kept to the minimum. Wherever necessary a seawall is first constructed at the perimeter of the reclamation. A carefully planned, controlled, and supervised dredging and in-filling operation then takes place behind the seawall to prevent floating refuse from reaching the harbour and minimize turbidity problems caused by siltation. Furthermore, a comprehensive monitoring programme for each reclamation is established with well-defined action levels for key water quality indicators such as suspended solids, dissolved oxygen, turbidity, and temperature. If monitoring results should indicate action levels are in danger of being breached, the site staff would alert the contractor and require him to tighten the environmental mitigation measures in accordance with the contract specifications.
The main source of pollution in the Victoria Harbour is sewage discharges. This problem is being tackled by actions to declare the Harbour as a Water Control Zone and by the construction of Phase I of the Strategic Sewage Disposal Scheme which when completed in 1997 will improve the water quality of the Harbour by 70%.
Expenditure on Public Dental Services
12. DR LEONG CHE-HUNG asked: With regard to dental services financed by public funds, will the Administration provide this Council with the annual breakdown in respect of the following areas in the past five years:
(a) overall expenditure;
(b) expenditure on direct services;
(c) expenditure on staff training;
(d) expenditure on public education; and
(e) the staff establishment and strength by major ranks for providing such services.
SECRETARY FOR HEALTH AND WELFARE: Mr President, the annual breakdown of dental services financed by public funds in the past four years is as follows:
1992-93
$M
1993-94
$M
1994-95
$MApproved
Estimates
(Note 1)
1995-96
$M
(a) overall expenditure
258.2
298.9
334.6
361.8
(b) expenditure on direct services, that is, services provided to government servants/dependants of government servants, primary school children participating in the School Dental Service Scheme, special needs group as well as emergency treatment and in-patient dental treatment as an essential part of medical treatment 236.3273.0307.9333.4
(c) expenditure on staff training, that is expenditure on the Dental Therapists Training School and expenses under departmental training vote for dental and para-dental staff
16.1
16.8
17.2
18.3
(d) expenditure on public education
5.8
9.1
9.5
10.1
The required information for the year 1991-92 has not been provided. It is because with a change in the programme management structure in 1992-93, the two sets of figures cannot be directly and meaningfully compared.
Note (1): 1995 salary revision has not yet been taken into account under this column
(e) The staff establishment and strength providing dental services by major ranks as at 1 September in the past five years are as follows:
19911992199319941995 E S E S E S E S E S
Consultants
Principal Dental Officers
Senior Dental Officers
Dental Officers
Tutor Dental Therapists
Senior Dental Therapists
Dental Therapists/ Students DTS
Dental Hygienists
Senior Dental Surgery Assistants
Dental Surgery Assistants 8 8
1 1
38 33
134 130
4 4
19 19
270 253
8 3
34 27
166 158 8 8
1 1
38 36
134 135
4 4
19 17
270 258
8 4
34 32
167 163 9 8
1 1
38 35
140 138
4 4
19 19
270 260
8 6
34 30
167 169 10 8
1 2
41 33
151 159
4 4
19 19
270 255
8 6
40 39
179 170 11 10
1 1
43 33
158 167
4 4
19 17
270 263
9 8
42 37
186 175
Governor's District Visits
13. 眎ゅ某拜羆服糹ヴ︓さ纯ǖ跌翠跋現┎セЫ
(a) 羆服糹ヴ︓さ纯ǖ跌跋のら戳
(b) 羆服ǖ跋玡現┎场纯箇ㄇ跋秈︽疭耿ㄒ靝η┪э秈︽肂睲苯の璶―羆服把芠箇耿虫︗单 硂ㄇ疭耿–Ω疉の禣ノだ璝
(c) 羆服ㄆ琌眡㎝種Τ闽场ㄤǖ跋玡┮秈︽耿ǖ跋纯钮カチщ禗現┎场耿びキの留縡痷单ぃ骸種ǎの
(d) 現┎Τσ納羆服ǖ跋玡秈︽肂耿穦留縡赣跋瞷龟薄猵ぃ絋ち秆カチネ借㎝龟猵現┎穦浪癚瞷羆服ǖ跋┮蹦肂耿ㄏ羆服痷タ秆﹡チチネチ薄㎝チ
SECRETARY FOR HOME AFFAIRS: Mr President, my reply to the question is as follows:
(a) Since arriving in Hong Kong in July 1992, the Governor has made 40 district visits as part of a continuing programme to familiarize and update himself with district issues and personalities. A detailed list of the districts visited is at Annex. The Governor has also made other theme visits and unannounced visits for specific purposes, such as seeing for himself living conditions in Temporary Housing Areas (THA).
(b) and (c)
One of the main aims of the Governor's visits is to enable him to see for himself what places are like in the normal course of events. It is not usual practice for government departments to undertake redecoration or improvement work specifically for visits by the Governor. All government departments are aware that they should not go beyond normal cleansing or maintenance of public facilities or venues which the Governor would be visiting and that they should resist any temptation to provide an unnaturally favourable impression. Indeed, the Governor has asked specifically that this should not be done. The only exception should be where it is relevant to demonstrate a revised standard. This was the case with the recent visit by the Governor to a THA where one of the several units seen by the Governor had been refurbished. This was done, with the knowledge of the Governor, to demonstrate the improved refurbishment standard which will be applied by the Housing Department.
The costs of routine cleansing and maintenance are absorbed as part of normal department expenses.
(d) The Governor makes a point of talking to as many people as possible during his visits to help give him a better understanding of the feelings and aspirations of the residents. Very often the Governor achieves this by detouring from the suggested routing and visiting facilities not on the suggested programme. For the same reason, the Governor undertakes unannounced visits to see first-hand the situation on the ground and to talk directly to residents and members of the public.
Annex
The Governor's Visits to Districts
1992 1994
Date District Date District
10 July Mongkok 28 Jan Southern
2 Sept Sham Shui Po 2 Mar Tai Po
23 Sept Islands 16 Mar Wong Tai Sin
14 Oct Southern 13 April Sha Tin
28 Oct Tsuen Wan 4 May Wan Chai
4 Nov Central and Western 1 June Tuen Mun
2 Dec Tai Po 19 June Kwai Tsing
9 Dec Wong Tai Sin 12 Oct Yau Tsim Mong
16 Dec Kwai Tsing 20 Oct Sai Kung
30 Nov Kwun Tong
1993 1995
Date District Date District
6 Jan North 12 Jan Yuen Long
13 Jan Wan Chai 15 Feb Kowloon City
24 Feb Sha Tin 3 Mar North
3 Mar Yau Tsim 15 Mar Central and Western
10 Mar Tuen Mun 14 June Eastern
17 Mar Central and Western 19 July Tsuen Wan
24 Mar Sai Kung
28 April Yuen Long
14 May Eastern
26 May Kowloon City
3 June Kwun Tong
30 June Mongkok
29 Sept Mongkok
13 Oct Sham Shui Po
8 Dec Islands
Total number of visits : 40
Open-air Bus Stops
14. 朝篴篱某拜Τ闽丁盡ぺそめぺ現┎セЫ
(a) 讽いΤぶ砞Τ籠τ丁そだ局Τ摸ぺ计ヘぶ
(b) 琌Τ現┎场璽砫砏﹚の菏恨ぺ砞琁の
(c) 穦σ納璶―ぺそ盢ㄓ┮Τぺ砞籠ㄏカチ单ぺ滴続
SECRETARY FOR TRANSPORT: Mr President,
(a) There are 5 214 bus stops. 1 570 of these have shelters. Details are annexed.
(b) The bus companies have an on-going programme to provide new shelters. These programmes are monitored and approved by the Transport Department in consultation with interested parties including District Offices with regard to priority, site suitability and local acceptance. The design and construction of bus shelters have to be approved by the Highways Department.
(c) Our policy is to encourage franchized bus companies to provide bus shelters where possible. However, there are locations where shelters cannot be constructed because of the narrow width of pavement, engineering problems or local objections.
Annex
No. Of bus stops No. Of bus stops
Company provided with shelters
Kowloon Motor Bus 3 714 1 322
China Motor Bus 788 123
Citybus 587 50
New Lantao Bus 125 75
------- -------
Total 5 124 1 570
Regulation of Residential Homes for the Elderly
15.独窥ㄤ军某拜現┎セЫ
(a) 崩︽砏恨セ翠ρ︘盝皘猭ㄒよ秈︙ㄤいΤ笿螟璝Τ螟︙の
(b) 挪à丁╬犁ρ皘╝ㄆン現┎琌ゴ衡璹猭ㄒいΤ闽よ兵ゅ玂毁﹡︘赣单╬犁ρ皘ρ痲
SECRETARY FOR HEALTH AND WELFARE: Mr President, the reply is as follows:
(a) the Residential Care Homes (Elderly Persons) Ordinance and Regulation came into effect on 1 April 1995 (except for Section 6 of the Ordinance). Relevant application forms and other documentation were then distributed to the operators of all residential care homes for the elderly. As at 17 October 1995, a total of 259 applications (from 44% of the total number of known residential homes) had been received of which, 185 came from private homes, 62 from subvented homes and 12 from self-financing non-profit-making homes.
Four teams of inspectors covering social work, building safety, fire safety and health, have started inspection visits to residential care homes to vet their applications for licences or certificates of exemption. We expect the first batch of licences and certificates to be issued at the end of this month.
We have encountered some problems at this early stage of implementing the legislation. For example, some residential care homes have been found to be operating out of non-domestic premises. This is not strictly in accordance with planning and building requirements, but the Social Welfare and Buildings Departments have agreed that a flexible approach should be adopted in such cases provided that fire precaution measures are up to standard and the homes do not have any unauthorized building works. Private homes which were found to have serious safety problems have, on the advice of our inspectors, either already been reprovisioned elsewhere or have had the necessary remedial changes carried out to make them acceptable.
The shortage of nursing staff in all residential care homes and health care staff in private homes has been another major problem. Additional funding has been secured to expand the training of health workers from 400 places to 1 200 places by March 1997.
(b) Even before the introduction of this new legislation, it was standard practice of the Fire Protection Bureau of the Fire Services Department to pay visits to newly established residential care homes for the elderly to explain the fire prevention measures needed. Staff of the Social Welfare Department have also regularly reminded home operators to follow the advice of the Fire Services Department in this respect and have issued letters regularly advising on the need to pay attention to fire safety measures.
With the introduction of the Residential Care Homes (Elderly Persons) Ordinance, all residential care homes for the elderly are now under a statutory obligation to comply with fire services requirements. Senior Station Officers of the Licensing Office of Residential Care Homes for the Elderly give in-depth guidance and advice on fire precaution measures to operators of residential care homes for the elderly when processing their applications for licences or certificates of exemption.
The fire which occurred recently in a private residential care home for the elderly in North Point was a minor incident caused by an electrical malfunction in a wall-mounted fan. Although this home had not yet submitted its application for a licence or certificate of exemption, the home was equipped with the basic fire services equipment and the operator possessed adequate knowledge about fire fighting. As a result, the fire was put out immediately.
This fire was a relatively minor and isolated incident which does not point to any inadequacy in the safety aspects of our legislation. Indeed, the fire was dealt with effectively and the electrical fault which caused it would have been difficult to detect whatever statutory requirements had been in effect at that time.
University Hostel Provision
16.独岸藉某拜沮眡さ场だ﹡じべの跋翠厩ネぃ莉逼盝厩ネ埂硚禰疉ぇ璚碞ㄆ﹜現┎セЫ
(a) 現┎挤蹿戈厩矗ㄑ厩ネ盝︗Τ璹兵ン璶―Τ闽厩纔絪皌盝︗ぉ﹡熬环跋厩ネの
(b) 現┎癸︘熬环跋τゼ莉だ皌盝︗厩ネ穦矗ㄑ︙贺の穦σ納倒ぉ-
瑉禟┪ユ硄瑉禟
SECRETARY FOR EDUCATION AND MANPOWER: Mr President,
(a) Under the existing policy, the tertiary institutions funded by the University Grants Committee (UGC) are provided with capital subvention to cover at most 75% of the total construction costs of the approved hostel places. They are required to meet at least 25% of the total construction costs from private donations and also the recurrent costs of the hostels. In allocating the capital grants to the institutions, the Government and the UGC do not stipulate the conditions for the allocation of the hostel places. It is up to the institutions to allocate the hostel places to their students. Nevertheless, it is understood that the student's travelling time between home and campus is one of the main criteria used by the institutions for allocating hostel places to students.
(b) Students living in remote areas who have financial difficulties may apply for financial assistance under the Local Student Finance Scheme (LSFS). Under the LSFS, grants are provided to eligible students to cover their academic expenses, that is, tuition fees, student union fees and other academic expenses whereas loans are provided to cover their living expenses which include expenses on accommodation and transportation. Recognizing that students residing in hostels and rented accommodation have a greater financial burden, student accommodation expenses are allowed to be deducted as necessary household expenses in the calculation of annual disposable income (ADI) for determining the level of grant and loan starting from the 1993-94 academic year. In addition, the expenses of the applicants' siblings on hostel fees or rented accommodation are also included as necessary household expenses in the calculation of the ADI in the 1995-96 academic year. These improvements have increased the amount of financial assistance available to tertiary students living in hostels or rented accommodation near their place of study.
Apart from the grant and loan under the LSFS, students living in remote areas may also apply for the Student Travel Subsidy Scheme. Under the Scheme, full-time students aged between 12 and 25 who have not completed their first degree courses and who have passed the means test are provided a travel subsidy to cover part of their travel expenses for education related trips. In general, students residing farther away from their institutions will be entitled to higher rates of subsidy. The level of subsidy will be updated annually to take into account the latest revision of public transport fares. The subsidy for each university student in 1994-95 varied between $570 and $5,500 per annum.
Election Complaints
17.糂紌某拜きるら羭︽ミ猭Ы匡羭いΤカチщ禗ゼ莉穦薄猵砆讽Ы眖匡チ祅癘埃ㄤ﹎翴布筁祘いョ瞷щ布计籔匡布计ヘぃ才の翴布魁璸衡岿粇薄猵現┎セЫ
(a)旧璓瓃薄猵の
(b)︙玂靡Τ闽薄猵ぃ穦匡羭挡狦瞷熬畉
SECRETARY FOR CONSTITUTIONAL AND AFFAIRS: Mr President, the Legislative Council elections held on 17 September 1995 were a great success all round. The electoral arrangements were open and fair, and a record number of electors took part in the elections. Overall, the elections were conducted smoothly and in an orderly manner.
The incidents mentioned in the question relate to:
(a) some people having been unable to vote because their names were not found in the register of electors;
(b) discrepancies which had been identified during the process of vote counting, that is those between the summary ballot paper accounts and the actual number of ballot papers found inside the ballot boxes; and
(c) a miscalculation in the number of votes counted in the process of vote counting.
Regarding (a), immediately following the elections, the independent Boundary and Election Commission conducted a thorough investigation into these incidents. The investigation in respect of the New Territories Northwest and New Territories North Constituencies, where two candidates involved also voiced criticism, has been completed. According to the Commission's findings announced on 12 October 1995, out of the reported cases in the two constituencies, about 30% to 40% are former electors whose names had been deleted from the register of electors as a result of the annual vetting exercise. The rest are either electors who are still on the register but had gone to the wrong polling stations, or persons who have never been registered as electors.
The vetting exercise, conducted by the Registration and Electoral Office every year to ensure the accuracy of the register, is essential in maintaining the credibility and integrity of our electoral system. The elaborate vetting procedures are designed to ensure that no electors would be deleted from the register lightly. There is also an appeal mechanism already built into the existing arrangements to guard against wrongful deletion. The Commission's findings confirm that the vetting arrangements had been carried out in accordance with the law.
Regarding (b), a summary ballot paper account was prepared in respect of each polling station at the close of poll. The discrepancies which occurred between the accounts and the actual number of ballot papers found inside the ballot boxes could be caused by miscalculations by polling staff in compiling the accounts. In all cases, the discrepancies had been verified by the relevant returning officers in the presence of the candidates and agents present at the count.
Regarding (c), there was a miscalculation of the number of votes counted in the Kowloon Southeast Constituency. The Commission found that this was due to a clerical error in that extra votes had been inadvertently added to the total number of votes received by the losing candidate of that constituency. However, the election result for this constituency had not been affected.
Following the discovery of the above error, the Registration and Electoral Office conducted a thorough check of the available counting records in respect of all the other constituencies and all relevant calculations have been found arithmetically accurate. The Commission is therefore satisfied that the discrepancy found in the Kowloon Southeast Constituency was only an isolated incident.
Results of the Commission's investigations into these incidents have been made known to the public. They have not altered the fact that the arrangement for the September Legislative Council elections were open and fair. However, if any candidate or electors (10 or more) feel aggrieved by the election results, the avenue is open to them to consider presenting an election petition to the High Court within two months of the publication of the result of the elections in accordance with the provisions laid down in the legislation.
Heavy Vehicle Traffic at Cross Harbour Tunnel
18.糕蚌┚某拜パ┏繥笵翠畄竒盽澜峨現┎セЫ
(a) Τ砏﹚ぺのó进﹚璶緋翠畄矪オ娩︽ó笵璝礛︙
(b) 璝(a)兜氮妮﹚現┎琌穦浪癚赣兜砏﹚磷诀睼瞔の
(c) 穦╯э赣兜砏﹚┦
SECRETARY FOR TRANSPORT: Mr President,
(a) It is stipulated in Bylaw 13 of the Cross Harbour Tunnel Bylaws that buses and other heavy vehicles must use only the left hand lanes in the tunnel, except when otherwise directed by uniformed tunnel staff. The purpose is to keep slower moving vehicles in the inside lane for traffic management reasons and for safety reasons. For example, this would facilitate bus passengers alighting on the kerb side in case of emergencies.
(b) The requirement for heavy vehicles to use the left hand lane is sign posted at the tunnel entrances. This practice is well-known and has not caused any confusion to motorists. The main cause of traffic congestion at the Hong Kong entrance to the Cross Harbour Tunnel is not the movement of heavy vehicles to the left hand lane, but the fact that the tunnel itself is operating far beyond its designed capacity.
(c) The Transport Department and the tunnel operators regularly review the traffic flow system in the tunnel and its approaches, and they are satisfied that the current arrangements are the most practical and are justified on traffic management grounds and for safety reasons.
Consultancy Study on Container Port Industry
19. MISS CHRISTINE LOH asked: The Government has indicated that it will soon invite tenders for a multi-million dollar consultancy study on the container port industry and its effects on the long-term sustainability of economic activity in the territory. This study will propose an economic development plan for the territory's port and port-related service sector industries for the next decade and beyond. Will the Government inform this Council:
(a) of the detailed objectives and cost estimate of the upcoming study; and
(b) whether this study will incorporate the rapid development of manufacturing and port services in the Pearl River Delta Region?
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, the Government has no plans for a specific study as described in the question but is exploring ideas for a study of sustainability and development for Hong Kong in the 21st century, including issues relating to the port, developments in the wider region, and other development issues. We have not yet finalized the scope and costs of the study.
We expect to be able to include information about the study in the third Review of the White Paper on the environment, to be published in the next few months.
Freedom of the Press
20.辩模┚某拜挪翠癘畊喘砆い瓣現┎窽τ戳ョ桂Ω祇ネ翠穝籇眖穨い瓣嘲蹦砐綝几ㄆ薄珹礚絬筿跌の滁秅癘砆Ι┿ㄆン現┎セЫ
(a) 翠現┎癸瓃ㄆ薄蹦或蛤秈︽笆琌眡璣瓣現┎蹦或︽笆の
(b) ︙辅龟㎝玂毁セ翠穝籇︑パの︙磷瓃薄猵セ翠祇ネ
SECRETARY FOR HOME AFFAIRS: Mr President,
(a) We have conveyed to the Chinese authorities the widespread concern in Hong Kong, both in media circles and more widely, about the case of Mr XI Yang and the need for clearer guidelines for journalists working in China. In Mr XI's case, we have raised the case on many occasions with the Chinese authorities and our efforts were reinforced by the British Government. Mr XI's case was raised by Mr Douglas HURD during his meeting with Vice-Premier QIAN Qichen in April 1995 and also by Mr Malcolm RIFKIND during his recent meeting with Mr QIAN in London. The Hong Kong reporters involved in the two recent incidents were detained only briefly. Neither their families nor their employers asked us to intervene. Nonetheless, we monitored the developments closely and were pleased to note that the matters were resolved rapidly in each case.
(b) Freedom of the press is a vital part of Hong Kong's way of life. It is protected and guaranteed in the Bill of Rights, the Joint Declaration and the Basic Law. The Government is fully committed to the principle of press freedom. This commitment is backed up by a comprehensive review of legislation with the aim of identifying provisions which might infringe press freedom or conflict with the Bill of Rights. Our review has covered 53 provisions in 27 Ordinances. To date, we have dealt with 43 provisions, including 31 provisions which have been amended or repealed. We have, for example, swept away old and excessive regulations to deal with emergencies while preserving the means to act swiftly to protect public safety in an emergency in ways which are consistent with the Bill of Rights and the International Covenant on Civil and Political Rights. In other areas, we have scrapped powers to pre-censor TV and radio broadcasts, relaxed police powers regulating public meetings and processions, restricted the powers of law enforcement agencies to enter premises to search for and seize journalistic materials, and given the press more freedom to report and comment upon court proceedings. Action is in hand to complete work on the remaining laws.
BILLS
First Reading of Bills
LEGAL AID SERVICES COUNCIL (NO. 2) BILL
PREVENTION OF BRIBERY (MISCELLANEOUS PROVISIONS) (NO. 2) BILL 1995
INTELLECTUAL PROPERTY (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1995
GAS SAFETY (AMENDMENT) (NO. 2) BILL 1995
BANK NOTES ISSUE (AMENDMENT) BILL 1995
BUILDINGS (AMENDMENT) (NO. 3) BILL 1995
AIR PASSENGER DEPARTURE TAX (AMENDMENT) BILL 1995
TAX RESERVE CERTIFICATES (AMENDMENT) BILL 1995
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
Second Reading of Bills
LEGAL AID SERVICES COUNCIL (NO. 2) BILL
THE CHIEF SECRETARY to move the Second Reading of: "A Bill to establish the Legal Aid Services Council and for related matters."
She said: Mr President, I move that the Legal Aid Services Council (No. 2) Bill be read the Second time. The Bill provides for the establishment of an independent Legal Aid Services Council to oversee the publicly-funded legal aid services operated by the Legal Aid Department and the Duty Lawyer Service. Members will recall that this Bill was introduced into this Council on 22 February, but the Council was unable to accord priority to it, as there were other more pressing commitments at that time, so that it lapsed at the end of the 1994-95 session.
The establishment of a Legal Aid Services Council was one of 25 recommendations made by a Working Group whose report was approved by the Executive Council and published in July last year, and which took into account the comments received on proposals set out in a public consultation paper released in April 1993. The other areas covered by the report involved improvements to the scope and operation of the legal aid scheme. These improvements were implemented via the Legal Aid (Amendment) Ordinance 1995, which was passed by this Council on 15 June and commenced operation on 28 July.
Let me make it clear at the outset that the Administration does not at present interfere with decisions made by the Legal Aid Department or the Duty Lawyer Service on the granting of legal aid. The Director of Legal Aid has a statutory obligation under the Legal Aid Ordinance to consider applications before her independently; and the Duty Lawyer Service is administered jointly by the Bar Association and the Law Society. However, the Administration recongizes that the status of the Legal Aid Department as a government department may create a perception problem in some quarters. We have therefore accepted the recommendation of the Working Group that an independent statutory Legal Aid Services Council should be set up.
To safeguard the independence of the Legal Aid Services Council, clause 3 of this Bill establishes it as a body corporate which can take action to enforce its legal rights or can be sued for breach of its legal duties. It will not be an agent of the Crown and will therefore not enjoy any status as such. Clause 15 also adds the Council onto the Schedule of public bodies under the Prevention of Bribery Ordinance.
Clause 4 of the Bill sets out the functions of the Council clearly. Its main function will be to oversee the Legal Aid Department and the Duty Lawyer Service, although it will not interfere with their handling of individuals cases. The Council will also act as the Government's advisory body on the formulation of policies relating to legal aid and on the funding proposals/requirements of its executive agents.
Clause 5 of the Bill states that the Legal Aid Services Council will be chaired by a non-official who is independent of both the Government and the legal profession. Its members will include four lawyers and four lay persons, in addition to the Director of Legal Aid and the Administrator of the Duty Lawyer Service who are directly responsible for the provision of legal aid services. Members of the Legal Aid Services Council are required by clause 8 to disclose any interests that they may have in matters being considered by the Council. On the other hand, clause 7 protects individual members who act in good faith from civil liabilities for any act or omission of the Council.
Clauses 9 to 13 of the Bill deal with the modus operandi of the Council. To enhance its accountability, the Council will be required to submit an annual report to the Governor, and to table its report before this Council. The accounts of the Legal Aid Services Council will be subject to examination and inquiry by the Director of Audit.
The establishment of a Legal Aid Services Council will be far from a cosmetic change, as some critics have suggested. On the contrary, it will represent a significant policy change. It will provide a greater and more direct opportunity for public participation in legal aid administration and policy formulation and will therefore enhance the independence of legal aid administration. Some people have argued that we should go further and dis-establish the Legal Aid Department. The Administration is not convinced that this is the best way forward, but we are not ruling it out. Once the Legal Aid Services Council is established, we will ask the Council to examine the feasibility and desirability of this option.
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
PREVENTION OF BRIBERY (MISCELLANEOUS PROVISIONS) (NO. 2) BILL 1995
THE ATTORNEY GENERAL to move the Second Reading of: "A Bill to make further and better provisions for the prevention of bribery."
He said: Mr President, I move that the Prevention of Bribery (Miscellaneous Provisions) (No. 2) Bill 1995 be read a Second time. This Bill is similar to the Prevention of Bribery (Miscellaneous Provisions) Bill 1995 that I introduced into this Council in May this year, but which lapsed on the dissolution of the Council in the summer. However, the Chinese text of the current Bill differs from that of the earlier Bill, reflecting the fact that an authentic Chinese text of the Prevention of Bribery Ordinance has since been gazetted.
The purpose of this Bill is to make the legislative amendments needed in order to implement the recommendations in the report of the Independent Commission Against Corruption (ICAC) Review Committee. That Committee was established at the beginning of 1994 to review the powers of the ICAC and its accountability in the exercise of its powers. It was chaired by Dr Helmet SOHMEN and included Members of this Council, community leaders and members of the Administration.
The report of the Review Committee was published in December 1994 and contained 76 conclusions and recommendations. Those recommendations may broadly be described as evolutionary rather than revolutionary. Members of this Council were given copies of the report, and the Security Panel of the Council discussed the report in January this year, when it expressed strong support for several of the recommendations.
The Administration has announced that, in principle, it accepts the recommendations in the report, although some minor procedural refinements may be required in some cases. Certain of the recommendations can only be implemented by legislation, and that is the purpose of the Bill I am now introducing. In promoting this Bill, the Government's objectives are to strike a balance between two potentially conflicting views held in the community: namely, that the ICAC needs to have sufficient powers to be effective in the continuing battle against corruption; and that it should be more accountable and transparent in the use of those powers.
The Bill proposes amendments to the Prevention of Bribery Ordinance, the Independent Commission Against Corruption Ordinance and the Magistrates Ordinance. The amendments can be grouped into three categories.
Control by the courts
The first category relates to certain of the powers at present vested in the Commissioner of the ICAC, which are to be transferred to the courts. In particular, court approval will be needed in order for the ICAC to require a person to supply information under section 14 of the Prevention of Bribery Ordinance, to search premises (save in exceptional cases), or to prevent a suspect from disposing of property.
Bill of Rights Ordinance
The second category of amendments are to ensure that the legislation relating to the ICAC is consistent with the Bill of Rights Ordinance. The amendments will provide :
First, that the Commissioner's special powers of investigation arise only if he has reasonable cause to believe that an offence under the Prevention of Bribery Ordinance may have been committed;
Second, that the Commissioner's power to apply to a magistrate for a notice requiring a person to surrender his travel documents arises only if he reasonably suspects that person to have committed such an offence;
Third, that a person who has surrendered a travel document has the option of applying to the Commissioner of the ICAC, or a magistrate, or both for its return; and
Fourth, that a statutory declaration or written statement made in compliance with a requirement under the Prevention of Bribery Ordinance will be admissible in evidence against the person who made it only if he gives evidence that is inconsistent with it.
Provisions in the Prevention of Bribery Ordinance that create a presumption of corruption and allow a court to comment on the failure of an accused to give evidence are to be repealed.
The opportunity presented by the Bill is taken to amend section 10(2) of the Prevention of Bribery Ordinance in order to ensure that it is safe from challenge under the Bill of Rights Ordinance. Section 10(1) makes it an offence for a Crown servant to maintain a standard of living above that which is commensurate with his official emoluments, or to be in control of pecuniary resources or property disproportionate to those emoluments. The importance of section 10 was recognized in a recent case decided by the Court of Appeal. I quote from the decision :
"And in case after case over the years, section 10 has proved its effectiveness in the fight against corruption. Although less visible, its deterrent effect must have been even greater. Chapter 201 of the Laws of Hong Kong is rightly named the Prevention of Bribery Ordinance. Section 10's worth is well-established."
At present section 10(2) creates a presumption, in a prosecution under section 10(1)(b), that certain assets were in the control of the accused, until the contrary is proved. It is now proposed to amend section 10(2) by replacing the legal presumption with an evidentiary presumption. The effect of this will be that the accused is not required to prove that the assets were not in his control, there merely has to some evidence to that effect in order to displace the presumption.
Miscellaneous amendments
The third category relates to miscellaneous amendments. These include amendments :
(a) to give the ICAC the same access to tax records as exists under the Drug Trafficking (Recovery of Proceeds) Ordinance and the Organized and Serious Crimes Ordinance;
(b) to modify the power of the Commissioner of the ICAC to dismiss an officer under section 8(2) of the Independent Commission Against Corruption Ordinance;
(c) to make it possible of the ICAC to keep a suspect on bail no longer than is necessary; and
(d) to enable the Commissioner of the ICAC, in discharging specified corruption prevention duties, to gain access to all records, books and documents held by public bodies.
Comment
Mr President, this Bill is an essential step in reaffirming the ICAC's mandate in the light of present day circumstances and the changing expectations of the people of Hong Kong 20 years after the establishment of the ICAC.
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
INTELLECTUAL PROPERTY (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1995
THE SECRETARY FOR TRADE AND INDUSTRY to move the Second Reading of: "A Bill to amend the Copyright Ordinance, the Registration of Patents Ordinance, the Trade Descriptions Ordinance and the Trade Marks Ordinance."
坝璓勉畊ネи略笆某弄1995醚玻舦禩舱麓璹兵ㄒ
硂兵侯璹兵ㄒヘ琌璹翠瞷︽Τ闽坝夹盡舦の舦猭ㄒㄏ翠Ч才禩舱麓虏嘿"禩"某い籔禩Τ闽醚玻舦某虏嘿"醚玻舦某"夹非
翠琌闽禩羆﹚疩┰酵┮笷Θ禩某ㄤい帽竝Θ禩きるらΘミ翠琌赣舱麓承﹍Θ翠緉禩莉崩匡醚玻舦某瞶ㄆ穦畊
醚玻舦某ㄤい璶ヘ琌搭ぶ醚玻舦玂毁ぃìτ禩よ硑Θ毁锚禩ㄤい承﹍Θ翠斗ㄤΘ陪ボ穦绊∕糹︽禩砏﹚砫ヴ翠や娩禩玂毁醚玻舦τи-
ョペв糹︽醚玻舦某┮璹砫ヴ荷Ν硄筁┮惠猭ㄒ盢Τ矗蔼翠瓣悔禩の狝叭いみ羘臕щ戈穦糤眏ら翠承硑籹硑㎝だ綪局Τ醚玻舦珇獺み硂妓穦玃秈щ戈㎝矗蔼翠瓣悔禩穦膙
醚玻舦某碞摸醚玻舦珹坝夹玻ボ盡舦舦穨砞璸栋Θ筿隔ガ瓜砞璸玂毁ゼ┸臩戈癟舦痲の玂毁从珇贺舦痲单璹禩Θ斗宽夹非赣某ョ璹Τ闽磅︽醚玻舦娩闽惫琁獽坝夹の舦局Τチㄆ猭皘矗禗砠︽ㄏㄤ舦
翠瞷︽醚玻舦场だ才醚玻舦某夹非ぃ筁и-
ご斗ㄇ闽璹
畊ネи瞷虏瓃硂兵兵ㄒ璶兵ゅ哪睦赣单兵ゅ︙ㄏ翠糹︽醚玻舦某夹非
坝夹よ醚玻舦某砏﹚ヴ︙瓜ボ夹癘А爹Θ坝夹и-
某耎溜爹坝夹絛瞅ぷㄤ琌砯珇肅︹┪ダ璶ㄣΤ醚ノョ爹Θ坝夹
籔и-
斗絋玂禩Θ坝夹ビ叫纔舦よ莱莉眔程磃瓣笿ヘ玡羆服络﹚坝夹ビ叫纔舦坝夹兵ㄒい璹闽玂臔穨玻舦ぺ兢そ虏嘿ぺ兢そ絣瓣莉纔σ納и-
某羆服莱Τ舦赣い璹セō獶ぺ兢そ絣瓣禩舱麓Θョ莉纔σ納
醚玻舦某砏﹚倒ぉ坝夹局Τ玂毁ㄏ-
ゎㄤ秈︽禦芥ゼ莉ㄤ種┪砯珇┪狝叭ㄏノ┪坝夹и-
某盢瞷︽兵ゅэㄏぇ睲贰絋玂耎玂臔絛瞅
醚玻舦某砏﹚斗玂毁玻ボ玻ボ琌ノ夹ボ砯珇┪狝叭玻ㄓ方夹癘┪ボи-
粄玻ボ沮セ翠坝夹兵ㄒ跌靡坝夹τ玂毁矗蔼硓の埃猭ㄒΤ闽玂毁絛瞅ヴ︙ぃ絋ぇ矪и-
某璹Τ闽靡坝夹兵ゅ
盡舦よ醚玻舦某砏﹚Θ現┎才琘ㄇ兵ン薄猵ゼ竒盡舦局Τ種τ紉ノㄉΤ盡舦祇и-
某璹﹚穝兵ゅㄏ現┎ガ秈伐狠候薄猵戳丁莉ì镑カチネ┮惠ㄑ莱珇㎝狝叭笲ノΤ闽盡舦現┎斗盡舦局Τやそキ瞶厨筍硂妓暗琌絋玂盡舦局Τ猭舦痲ぃ穦ぃそキ穕甡某穝兵ゅ穦摸る﹚栋Θ筿隔ガ瓜砞璸┹倦瓜兵ㄒ闽兵ゅ
舦よ醚玻舦某砏﹚斗玂毁"舦"㎝"簍舦"セ翠瞷︽舦猭ㄒ礚碞硂ㄢ摸舦璹﹚兵ゅи-
某舦兵ㄒ璹絋兵ゅ碞硂ㄢ摸舦砏﹚
沮某舦兵ゅ筿福祘Α紇㎝魁舦局Τゎゼ竒ㄤ種τ硂ㄇ珇ヴ︙璝ゼ竒砛τ硂ㄇㄉΤ舦珇妮獻デ舦
舦綝垒ノи-
某璹兜兵ゅ甧砛坝∕﹚莱倒ぉ眏禪疭砛Τ闽∕﹚坝盢穦臮の兜珹舦局Τカ初┮纔墩垒ノ薄猵靡沮Τ闽舦珇┦借の疉のそ渤痲ㄤσ納单и-
ョ某耎瞷Τ冀簍舦糵掉矪盢э嘿"舦糵掉矪"舦ㄏ赣糵掉矪络﹚舦局Τ碞ㄤ舦珇τ莱眔瞶祙
沮某簍舦兵ゅ贾栏粿㎝ゅ厩珇簍ゎゼ竒ㄤ種τ魁籹の約冀-
瞷初簍ゎゼ竒ㄤ種τ陆魁硂ㄇ魁籹珇
翠┪ヴ︙戈瓣產﹚﹡┪﹡︘簍А穦ㄉΤ簍舦羆服璹ミ砏ㄒ﹚禩Θ戈瓣產戈簍ヴ︙よ簍┪翠┪ヴ︙戈瓣產羭︽簍А穦玂毁璝︽ㄒ盢簍魁籹珇ㄑ╬ㄏノ竊魁琿ず甧厨旧ㄆノ硚┪毙厩┪厩╯ノ硚А穦跌獶獻デ舦︽﹚硂ㄇ︽獶獻デ舦︽琌玂毁そ渤痲籔玂毁舦局Τ猭舦痲ぇ丁垦―キ颗
程и-
某舦猭ㄒ㎝坝珇弧兵ㄒい﹚穝兵ゅ矗ㄑ娩挂惫琁舦㎝坝夹局Τチㄆ猭皘矗禗砠︽ㄏ-
舦舦㎝坝夹局Τ盢猭皘矗ビ叫璶―翠闽羆菏Ι┿疉尔獻デ舦秈砯斗煤掸玂靡程Ι┿戳らτビ叫璶―猭皘у┑戳程ら-
穦Τ诀穦浪琩砆Ι┿砯獽チㄆ猭皘矗禗砠ビ叫Ι┿戳ず礚チㄆ猭皘矗禗砠玥赣у砯斗癶临倒秈坝
畊ネиさぱ矗ユ1995醚玻舦禩舱麓璹兵ㄒ琌兵侯璹妮羬惫琁ヘ兜醚玻舦兵ㄒ浪癚ЧΘ玡ㄏ翠荷е糹︽禩舱麓Θ砫ヴセミ猭祔丁現┎穦矗ユセて舦兵ㄒ盡舦兵ㄒの瞷て坝夹兵ㄒ讽い穦珹硂兵侯璹兵ㄒ兵ゅи-
瞷タ览硂碭兵狡馒兵ㄒ挪い璣羛羛蹈舱盡產舱タ癚阶セて某览硂ㄇ猭ㄒ惠и-
︽矗ユ硂兵侯璹兵ㄒи-
辨さ┏玡莉眔硄筁
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
GAS SAFETY (AMENDMENT) (NO. 2) BILL 1995
THE SECRETARY FOR ECONOMIC SERVICES to move the Second Reading of: "A Bill to amend the Gas Safety Ordinance."
竒蕾璓勉畊ネи略笆某弄1995砰璹材2腹兵ㄒ
セ兵ㄒΞ沮瞶パ癸砰筹恨秈︽縱祘恨程きるら矗ユセЫセЫㄆ叭筁τ┑︓さ穦戳Ω矗ユ
兵ㄒΤ兜璶砏﹚兵ㄒ甭舦羆服穦︽現Ы眔璹ミ砏ㄒ虑恨砰筹恨秈︽祘
材兵ㄒ矗蔼沮砰兵ㄒ﹚砏ㄒ璹ミ程蔼籃琌パ瞷籃蹿25,000じの菏窽せる尿デ玥–ら籃蹿5,000じ矗蔼︓籃蹿20窾じの菏窽12る尿デ玥–ら籃蹿窾じ
材兵ㄒㄏ砰菏服诀筿祘竝竝眔跌诡砰筹恨祘膀砰瞶パ虑窗玃э到硄璶―秈︽祘Τ闽蹦赣单粄ゲ璶惫琁
材兵ㄒㄏ砰菏服窗玃э到硄砏﹚ゼ莉宽薄猵膀瞶パ克︑蹦︽笆璹⊿Τ宽窗玃э到硄ボΜ現┎粄ゲ斗蹦ヴ︙箇ň┪干毕惫琁禣ノ
兵ㄒ莉セЫ硄筁現┎讽Ы穦繦﹚穝砏ㄒ砏﹚埃獶Τ闽琩诡砰筹恨︗竚の蹦˙艼絋玂筹恨ぃ穦祘穕玥ぃ眔Τ闽砰筹恨甶秨縱祘
穝砏ㄒ疭砏﹚Τ闽ゲ斗蹦ち瞶˙艼琁玡絋﹚砰筹恨翴┪︗竚秈︽硂摸祘Τ闽砰菏服盢穦环赣砏ㄒネぇ玡そガ玥冈灿弧砰菏服粄秈︽Τ闽祘絋﹚砰筹恨翴㎝︗竚┮惠蹦瞶˙艼
穝砏ㄒョ砏﹚Τ闽ゲ斗蹦ち瞶惫琁ňゎ砰筹恨穕の璝Τ闽⊿Τ蹦瓃惫琁竒﹚竜砆矪兵ㄒ穝某程蔼籃玥ぃ筁穝砏ㄒョ砏﹚璶Τ闽镑靡祘甶秨玡蹦ち瞶˙艼絋﹚硂ㄇ砰筹恨翴㎝︗竚獽矗砫臛臔
兵ㄒ穦箋ガせる秨﹍ネ獽砰菏服Τ丁﹚穝砏ㄒ㎝祇玥のㄏ砰ㄑ莱その縱穨ョΤ丁続莱穝砏﹚
畊ネ硂ㄇ某は琈現┎闽猔硑の备隔祘盽ぃみτ穕反砰筹恨薄猵穕反砰筹恨ㄆンΤ120﹙τセ︓る┏ゎ玥Τ71﹙瘤礛硂ㄇㄆン场だ常┋紇臫淮稬砰筹恨穕反穦ま癬牡┪脄カチ㎝加兵ㄒ兜某ヘ琌荷秖搭硂ㄇ肩繧и赖叫セЫΝらσ納硄筁1995砰璹材2腹兵ㄒ
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
BANK NOTES ISSUE (AMENDMENT) BILL 1995
THE SECRETARY FOR FINANCIAL SERVICES to move the Second Reading of: "A Bill to amend the Bank Notes Issue Ordinance."
癩竒ㄆ叭璓勉畊ネи略笆某弄1995蝗︽刽祇︽璹兵ㄒ
セ兵ㄒヘ琌璹祇︽猭﹚砯刽刽猭琜篶ㄏㄤ才い璣羛羘の膀セ猭砏﹚
羛羘の膀セ猭睲贰璹翠刽祇︽舦妮翠疭︽現跋現┎τ翠疭︽現跋現┎甭舦﹚蝗︽沮猭﹚舦祇︽┪膥尿祇︽翠刽
ヘ玡蝗︽刽祇︽兵ㄒ礚璹現┎Τ祇︽刽猭﹚舦ョ礚结ぉ現┎疭﹚舦甭舦﹚蝗︽祇︽刽
才羛羘㎝膀セ猭砏﹚и-
粄赣兵ㄒ莱璹璹
() 現┎Τ猭﹚舦祇︽砯刽
() 現┎Τ猭﹚舦甭舦蝗︽祇︽┪膥尿祇︽砯刽
()現┎祇︽刽穦砞Τ玂靡诀の
() 現┎Τ猭﹚舦菏恨Τ闽祇︽砯刽逼
и-
某甭舦癩現羆服穦︽現Ыу祇︽刽皌硂兜璹祇︽蝗︽刽玂靡诀ョ穦続ノ現┎祇︽刽
瘤礛璹Τ瓃甭舦兵ゅ現┎礚種祇秗蝗︽祇秗戮硂兜璹洪蝗︽刽祇︽兵ㄒ镑才羛羘㎝膀セ猭砏﹚
セ兵ㄒョ絋结ぉ癩現兜猭﹚舦ㄏㄤ羆服穦︽現Ыу甭舦蝗︽祇︽┪膥尿祇︽砯刽讽兵ㄒネ瞷Τ丁祇秗蝗︽盢跌莉甭舦
セ兵ㄒ﹚瞷Τ祇秗璶疭翴丁祇秗蝗︽璽杜靡祇︽猭﹚砯刽刽玂靡盢蝴ぃ跑璶猔種矗某璹Τㄢ兜
癩現羆服穦︽Ыу碞蝗︽刽砞璸肂のㄤ祇︽刽逼祇秗蝗︽璹贺砏﹚の兵ンヘ玡祇秗蝗︽龟悔穦碞穝蝗︽刽砞璸磕恨瞶盡紉高種ǎ現┎瞷礚у蝗︽刽砞璸の菏恨ㄤ砯刽祇︽逼猭﹚舦
翠伦蝗︽Τその错ゴ蝗︽盢穦氨ゎ祇︽獺ノ刽膀菌翠伦蝗︽Τその错ゴ蝗︽筁┕祇︽伐秖蝗︽刽计肂だ琌6,000窾じの3,500窾じ赣摸刽琌パ蹲膀靡ㄩ玂靡τぃ琌パ礚璽杜靡玂靡膀セ猭砏﹚"翠刽祇︽斗Τκだぇκ非称"才瓃砏﹚赣ㄢ丁蝗︽種蝗︽刽祇︽璹兵ㄒ龟琁氨ゎ祇︽獺ノ刽翠伦蝗︽Τそ兵ㄒΤ闽祇︽赣摸刽兵ゅョ穦ぉ紀埃
畊ネセ兵ㄒ更Τ兜ゲ璶璹ㄏΤ闽兵ㄒ镑才羛羘の膀セ猭砏﹚Τ翠抖筁寸谅
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
BUILDINGS (AMENDMENT) (NO. 3) BILL 1995
THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS to move the Second Reading of: "A Bill to amend the Buildings Ordinance."
He said: Mr President, I move the Second Reading of the Buildings (Amendment) (No. 3) Bill 1995.
The amendment Bill was first introduced into this Council on 31 May this year as the Buildings (Amendment) (No. 2) Bill 1995. It was not processed for enactment before the expiry of the last Session, owing to the heavy workload of the Council at that time.
During the past few months, the Administration has further consulted concerned bodies on supplementary details. The Bill has been refined in a few areas, in particular as regards the supervision duties of different parties in a building project.
The Bill consists of two parts. One aims at improving the system of registration of building professionals. The other aims at tightening safety control over building works and sites with works in progress.
As regards the registration of Authorized Persons and Registered Structural Engineers, we propose to bring the existing system in line with the provisions of the Architects, Engineers and Surveyors Registration Ordinances.
Under the Bill, only a building professional who is registered under the relevant Registration Ordinance will be allowed to apply to be an Authorized Person or Registered Structural Engineer. Two registration committees will be formed to help the Building Authority examine the suitability of an applicant. Most of the committee members will be nominated by the statutory Registration Boards of the respective professions.
The proposed change will ensure the competence of and help encourage self-regulation by building professionals.
As regards the registration of building contractors, we propose that two types of contractors, general building contractors and specialist contractors, should be registered. A contractor's qualifications, experience and competence will have to be assessed by the proposed Contractors Registration Committee, consisting mainly of representatives of the concerned industry and professional bodies, before registration.
Taking into account the views of the industry, we have refined the original proposal such that companies and partnership will continue to be allowed to register. If the contractor is a company or partnership, the directors, partners or senior staff nominated to act for it for the purposes of the Buildings Ordinance, such as in certifying prescribed documents, will also have to be assessed by the proposed Contractors Registration Committee To remove the existing grey area in terms of statutory responsibility, such nominated directors, partners or senior staff will be subject to discipline on a personal basis. To illustrate this point, if the director of a contractor is convicted of misconduct, he or she will not be allowed to continue to act for another contractor.
Since the collapse of a part of a wall of a building under demolition at Nathan Road in September last year, the issue of construction site safety has raised increased and considerable public concern. Such concern is shared by the Administration. We therefore announced a comprehensive action plan outlining immediate, medium-term and long-term measures to tighten safety control over building and demolition works. The plan included a legislative review. The second part of the Bill is the result of this review.
The Bill proposes to enable the Building Authority, for public safety reasons, to :
- refuse to approve building or demolition plans or issue consent for the commencement or continuation of building works;
- require proper supervision and safety measures to be provided at work sites; and
- require the submission of relevant information so that the Building Authority can determine whether adequate safety measures have been implemented.
To ensure safety, the following will be made criminal offences under the Bill :
- failure to provide proper supervision of building works in prescribed manner; and
- non-compliance with the conditions attached to the Building Authority's approval of the building plan or consent to the commencement of building works.
This will cover building owners, registered contractors, site agents, works supervisors, building professionals and construction workers. Their responsibilities will be clearly defined, in the form of a supervision plan to be prepared by the professionals and approved by the Building Authority, which reflects their actual roles on a work site.
The Administration has thoroughly consulted all concerned bodies before finalizing the Bill. I am pleased that all parties share a common objective of improving safety at construction and demolition sites. The concerned industry bodies and the various advisory committees including the Land and Building Advisory Committee have given in-principle support for virtually all of the Administration's proposals.
I have to report that there is some disagreement from some professional institutes regarding the Administration's proposal to make failure to provide proper supervision by Authorized Person and Registered Structural Engineers a criminal offence. But our consensus in other areas far outweighs this difference. As I mentioned earlier, the proposed criminal liability is required to ensure safety. It is in line with sanctions for breaches of other provisions of the Buildings Ordinance and subsidiary Regulations, such as deviation from approved building plans.
The Bill is a reasonable, workable and effective approach in improving building and site safety. I recommend the Bill to Members.
Thank you, Mr President.
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
AIR PASSENGER DEPARTURE TAX (AMENDMENT) BILL 1995
THE SECRETARY FOR THE TREASURY to move the Second Reading of: "A Bill to amend the Air Passenger Departure Tax Ordinance."
畐叭璓勉畊ネи略笆某弄1995诀瞒挂璹兵ㄒ
眖诀初穎诀瞒翠骸12烦┪А斗煤诀瞒挂祙瞷そ璽砫紉Μ瞒挂祙瞒翠玡そ祅癘耫煤瞒挂祙
瞒翠讽いΤぃぶ琌笴э到癸矗ㄑ狝叭и-
纯╯ㄤ紉Μ瞒挂祙よ猭и-
瞷某砛皊┍︘扳芥瞒挂祙ㄩ虑Μ祙蹿瞷矗ユ︗某糵某兵ㄒΞㄏチ矪矪眔〆ヴ皊┍糹︽硂兜硂妓Μ祙ㄣ艶┦︘皊┍ぃノ禣み玂痙セ砯刽獽诀初煤瞒挂祙祙蹿ョ挤皊┍┬眀虫皊┍ぃ穦矗ㄑ赣兜狝叭τΜ肂禣ノ硂兜某莉眔翠笴穦の翠皊┍穨坝穦や
兵ㄒヘ琌チ矪矪眔锣甭ㄤ赣兵ㄒ紉Μ瞒挂祙舦の戮锣甭舦の戮︽ㄏの磅︽よΑ硂妓Μ祙恨瞶ㄣ艶┦
畊ネи某セЫ硄筁兵ㄒ
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
TAX RESERVE CERTIFICATES (AMENDMENT) BILL 1995
THE SECRETARY FOR THE TREASURY to move the Second Reading of: "A Bill to amend the Tax Reserve Certificates Ordinance."
畐叭璓勉畊ネи略笆某弄1995纗祙ㄩ璹兵ㄒ
沮セ翠羱祙祙蹿ぃ穦祙┮寥いΙ埃祙琌寥揭祙秨﹍︓ぶる斗煤既煤Α蝶︳羱祙硂贺祙纔翴琌祙Τ闽戳丁笲ノ戈τ翴玥琌场だ祙礚箇痙ì镑蹿兜煤祙τ戳煤祙瞷竒蕾螟и-
粄躬纘の祙纗籛非称煤祙琌Τ矪
瞷矗ユ︗某糵某兵ㄒΞ龟琁兜︑腀┦借寥璸购穦刚喷Αそ叭崩︽赣璸购矗ㄑよ獽︑笆纗籛煤祙よ猭
沮赣璸购そ叭匡拒甭舦畐叭竝–るㄤ羱筍いΙ埃掸﹚计肂蹿兜獽ノ潦禦纗祙ㄩ祙叭Ы穦盢–掸潦禦纗祙ㄩ蹿兜赣把竡秨砞眀めよ獽非称把の荷秖搭Τ闽禣ノ赣璸购穦礚布沮Α笲讽Ыゐ斗潦禦祇纗祙ㄩΤ闽穦炊硄纗祙ㄩ璸よ猭璸衡戳煤祙讽ら眀めず仓縩蹿肂盢穦ノや祙蹿τヴ︙緇蹿肂常穦眀めず挡
兵ㄒ莉眔硄筁и-
ゴ衡ミ龟琁硂兜璸购и-
穦沮┮竒喷のㄤ︽穨癸硂璸购惠―浪癚ㄤ笲薄猵穦σ納莱の︙だ戳р璸购耎甶︓ㄤ祙ㄒ翠の癶ヰそ叭
兵ㄒョ穦沮赣兵ㄒ璹ミ砏玥舦パ羆服锣甭ぉ畐叭硂兜舦獶璶舦パ畐叭磅︽莱耕続﹜
畊ネи某セЫ硄筁赣兵ㄒ
Question on the motion on the second Reading of the Bill proposed.
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
MEMBER'S MOTIONS
PRESIDENT: The House Committee has recommended that I exercise my discretion under Standing Order 21(1) to dispense with the notice of Dr LEONG Che-hung's motion seeking to effect further amendments to the Standing Orders of this Council. I have accepted the recommendation because the proposed amendments to the Standing Orders are only technical in nature and should be made at the earliest opportunity.
HONG KONG ROYAL INSTRUCTIONS 1917 TO 1993 (Nos. 1 AND 2)
DR LEONG CHE-HUNG to move the following motion:
"That the Standing Orders of the Legislative Council of Hong Kong be amended -
(1) in Standing Order No. 4C(2) -
(a) by repealing "Standing Orders Nos. 1 and 6(1) (Oath or Affirmation), 3 (Presiding in Council and in Committee of the Whole Council), 4AA (Attendance of the Governor), 10 (Quorum), 13 (Petitions)" and substituting "Standing Orders Nos. 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the Whole Council), 4AA (Attendance of the Governor), 6(1) (Proceedings at First Sitting of Session), 10 (Quorum), 13 (Presentation of Petitions)";
(b) in the proviso by repealing "paragraph (a) of Standing Order No. 29" and substituting "Standing Order No. 29(a)";
(2) in Standing Order No. 16 (3A) by adding "(Notice of Questions)" after "Standing Order No. 17(4)";
(3) in Standing Order No. 30(6) by repealing "given" and substituting "give";
(4) in Standing Order No. 39(1) by repealing "or a designated public officer" where it secondly appears;
(5) in Standing Order No. 60(2) -
(a) by repealing "members,,"and substituting "members";
(b) by repealing "a chairman,," and substituting "a chairman";
(6) in Standing Order No. 60E(5) -
(a) by repealing "The Panel may also elect a deputy chairman.";
(b) by adding "The Panel may also elect a deputy chairman." after "amongst its members.";
(7) in Standing Order No. 64A(1) by repealing "paragraph (2)" and substituting "paragraph (1A)";
(8) in Standing Order No. 67(3) by repealing "or a" and substituting a comma.
AND FURTHER RESOLVED that -
(1) the Standing Orders of the Legislative Council of Hong Kong made by the Legislative Council under clause XXIII of the Hong Kong Royal Instructions 1917 to 1967 by Resolution made and passed on 9 October 1968 be amended in Standing Order No. 24(3) by repealing "sub-paragraphs (2)(a) or (2)(b) of Standing Order No. 21" and substituting "Standing Order No. 21(2)(a) or (b)";
(2) Standing Order No. 60A made by the Legislative Council under clause XXIII of the Hong Kong Royal Instructions 1917 to 1977 by Resolution made and passed on 10 May 1978 and amended by the Legislative Council under -
(a) clause XXIII of the Hong Kong Royal Instructions 1917 to 1983 by Resolution made and passed on 18 July 1984;
(b) clause XXIII of the Hong Kong Royal Instructions 1917 to 1986 by Resolution made and passed on 15 July 1987;
(c) clause XXIII of the Hong Kong Royal Instructions 1917 to 1991 by Resolution made and passed on 10 July 1991; and
(d) clause XXIII of the Hong Kong Royal Instructions 1917 to 1993 (Nos. 1 and 2) by Resolution made and passed on 28 July 1995,
be further amended in paragraphs (1A), (5) and (5A) by repealing "table" and substituting "Table"."
DR LEONG CHE-HUNG: Mr President, I move the first motion standing in my name on the Order Paper.
The Standing Orders of the Legislative Council were last amended at the end of the last Session. A number of amendments were then made principally to take account of the new composition of this Council after the 1995 elections and to improve its operation. Since the making of these amendments, it has been found necessary to make some further amendments as a consequence of the last amendment exercise. The proposed amendments to be moved, which are confined within the scope of that pervious exercise consist wholly of technical, drafting and clerical changes and do not introduce any new matter. The proposed amendments have been endorsed by the House Committee.
With these remarks, Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
PRESIDENT: The House Committee has also recommended that I exercise my discretion under Standing Order 21(1) to dispense with the notice of Dr LEONG Che-hung's second motion which seeks the Council's approval for the manner of election of the members of the Legislative Council Commission and their terms of office. I have accepted the recommendation because after the last dissolution of the Council, members of the Legislative Council Commission have to be elected as soon as possible to consider some urgent business.
THE LEGISLATIVE COUNCIL COMMISSION ORDINANCE
DR LEONG CHE-HUNG to move the following motion:
"That with effect from 18 October 1995 the following shall apply to the determination of membership of The Legislative Council Commission, the election of members thereof and their terms of office:
Membership
1. The number of members referred to in section 4(1)(e) of the Ordinance shall be 8.
Manner of election
2. An election of members referred to in section 4(1)(e) of the Ordinance shall be held at a sitting of the House Committee, the date of which ("election date") shall be appointed by the House Committee.
3. The Legislative Council Secretariat shall issue to the Members of the Legislative Council at least 7 days before the election date, a circular inviting nominations to be made in a nomination form issued by the Secretary General.
4. Each nomination form shall be for the nomination of one member and shall be signed by one member as the proposer, one member as the seconder, and by the nominee member to signify his consent to the nomination.
5. Duly completed nomination forms shall be delivered to the Legislative Council Secretariat at least 3 days before the election date.
6. In cases where the number of nominations received by the Legislative Council Secretariat is less than the number referred to in paragraph 1, further nominations shall be called for and received at the House Committee sitting held under paragraph 2; such nominations shall be proposed by one member and seconded by another, with the proposed nominee signifying his consent to the nomination.
7. In cases where the number of nominations received under paragraphs 5 to 6 is less than or equal to the number referred to in paragraph 1, the Chairman of the House Committee shall declare the nominees duly elected.
8. In cases where the number of nominations received under paragraphs 5 and 6 is more than the number referred to in paragraph 1, a poll shall be taken at the House Committee sitting held under paragraph 2; voting at which shall be by secret ballot and counted in accordance with the simple or relative majority system of election (otherwise known as "first-past-the-post" system of election).
9. In cases where a nominee would have been elected but for there being one or more other nominees having been given the same number of votes, a separate poll shall be taken in respect of that nominee and the other such nominee or nominees in accordance with the system of election mentioned in paragraph 8.
Terms of Office
10. The terms of office of members elected under section 4(1)(e) shall be 1 year or until the next House Committee meeting held for the election of Commission members, or until the next dissolution of the Legislative Council, whichever is the earlier."
DR LEONG CHE-HUNG: Mr President, I move the second motion standing in my name on the Order Paper.
As stated in section 4(1) and (2) of The Legislative Council Commission Ordinance, the Commission shall consist of, in addition to the President of the Legislative Council and the Chairman and Deputy Chairman of the House Committee, not more than eight members elected in such manner as the Council may determine by and from amongst Members of the Council.
In addition, in accordance with section 5(3) of the Ordinance, the terms of office of members elected shall be such period not exceeding one year as the Council may determine.
I would like to highlight the main proposals with regard to the manner of election of members of the Commission and their terms of office :
(a) Election of Commission members shall be held at a House Committee meeting, the date of which shall be appointed by the House Committee;
(b) Eight members shall be elected to the Commission and their terms of office shall be one year or until the next election, or until the next dissolution of the Legislative Council, whichever is earlier;
(c) A circular shall be issued by the Legislative Council Secretariat at least seven days before the election calling for written nominations. Nominations must reach the Secretariat at least three days before the election. If the number of written elections is less than eight, nominations may be called from the floor at the House Committee meeting at which the election is conducted;
(d) If there are more than eight nominations, voting shall be conducted by secret ballot and counted in accordance with the simple or relative majority system of election; and finally
(e) If the number of nominations is less than or equal to eight, the Chairman of the House Committee shall declare the nominees duly elected.
Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
PRESIDENT: I have accepted the recommendations of the House Committee as to the time limits on speeches for the motion debate and Members were informed by circular on 17 October. The mover of the motion will have 15 minutes for his speech including his reply and another five minutes to speak on the proposed amendment. Other Members, including the mover of the amendment, will have seven minutes each for their speeches. Under Standing Order 27A, I am required to direct any Member speaking in excess of the specified time to discontinue his speech.
MEMBER'S BILLS
DR PHILIP WONG: Mr President, Standing Order 21 of this Council stipulates notice of 12 clear days in the case of motions to be moved and five clear days in the case of amendments to the motion must be given before the day on which the motion is to be considered by the Council unless you, Mr President, in your discretion, dispense with such notice.
With due respect, Mr President, can you inform this Council of the reason or reasons why you have decided to dispense with such notices considering that none of us has been sworn in for more than seven days.
PRESIDENT: I shall take a brief recess.
5.08 pm
Council then resumed.
PRESIDENT: I think Dr WONG was also referring to Standing Order 1(1) which says: "Except for the purpose of enabling this order to be complied with, no Member of the Council shall sit or vote therein until he has made or subscribed an oath or affirmation in accordance with the provisions of the Oaths and Declarations Ordinance (Cap. 11)."
The Standing Order simply states that no Member may sit or vote. The question is whether or not a Member who has not taken the oath or made the affirmation is a Member. Section 5B(1) of the Electoral Provisions Ordinance (Cap. 367) states: "Subject to this Ordinance, a member elected to the Legislative Council shall hold office -
(a) in the case of a member elected in an ordinary election held under section 5A, for the period commencing on the appointed date after his election ......" and so on.
And section 5B(3) states: "In subsection (1) "appointed date" means the date appointed by the Governor under section 5(3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381)".
The Governor had already appointed a date which took effect before this Council began the first sitting. So I rule that the motion is in order.
MR DAVID CHU to move the following motion:
"That Members of this Council should refrain from introducing Member's Bills to amend or repeal laws enacted to implement the agreements reached by the Sino-British Joint Liaison Group."
MR DAVID CHU: Mr President, I rise to move the motion standing in my name in the Order Paper. My motion is: "That members of this Council should refrain from introducing Member's Bills to amend or repeal laws enacted to implement the agreements reached by the Sino-British Joint Liaison Group. "
The motion is, as its wording shows, about looking forward and about the exercise of moderation, restraint, and humility in order to achieve a smooth transition. It is not about posturing or about restricting Members' constitutional powers. It is about co-operation between this Council and the present and future sovereigns to ensure a lasting, constructive relationship on which our future success depends. It is about finding practical solutions. It is about putting aside politics for its own sake and about serving the people for their and our sake.
The sovereigns have their own constitutional powers. The interests of all are reflected in agreements reached through the Joint Liaison Group. The Sino-British agreements on defence land treaty, airport financing and the Court of Final Appeal were accepted and welcomed by the Hong Kong people as well as approved by this very Council.
To change laws enacted to implement these agreements will only complicate things and cause unnecessary friction between the sovereigns as well as uncertainty and anxiety for the people. I think we can put our energy to better use.
We should, it is worth repeating, look forward with bold vision, not just talk, to tackle issues which will make Hong Kong great.
The world does not stop turning from 1 July 1997. We cannot solve the problems of the next 50 years in the next 21 months. We have finite resources and must use them wisely. Much work need to be done to pave the way for a smooth transition.
By supporting this motion, we can send the public a clear and powerful message which is: this legislature is committed and willing to help, co-operate and work with the sovereigns. This will also tell investors that the Council is keen to create the right atmosphere for business, business that generates growth as well as jobs. This is what the people of Hong Kong expect of us and we should not disappoint them.
Mr President, I beg to move.
Question on the motion proposed.
PRESIDENT: Mr LEE Cheuk-yan has given notice to move an amendment to the motion. It has been raised with me that Mr Lee Cheuk-yan's amendment to Mr David CHU's motion on Private Member's Bills should not have been allowed presumably on the ground that the amendment will change the scope of the original motion.
Standing Orders of this Council are silent as to what amendments to motions may be admitted. Erskine May on Parliamentary Practice is, however, explicitly helpful and I quote:
"The object of an amendment may be either to modify a question in such a way as to increase its acceptability or to present to the House a different proposition as an alternative to the original question.
The latter purpose may be effected by moving to omit all or most of the words of the question after the first word 'That' and to substitute an alternative proposition which must, however, be relevant to the subject of the question. The debate that follows is not restricted to the amendment, but includes also the content of the motion, both matter being under the consideration of the House as alternative propositions."
Mr CHU's motion is about the introduction of Member's Bills (MB's) into the Legislative Council urging Members to refrain from introducing them to amend or repeal laws enacted to implement Sino-British agreements. Mr LEE's amendment is also on the introduction of MB's but requesting the National People's Congress to amend Article 74 of the Basic Law. The amendment clearly changes the scope of the original motion as it proposes an alternative proposition; it is, however, relevant to the subject matter raised in the motion. I have therefore ruled that the amendment is in order. Changing the scope of a motion by proposing an alternative proposition does not render an amendment inadmissible, as long as it is germane.
MR LEE CHEUK YAN's amendment to MR DAVID CHU's motion:
"To add "as" after "That"; to delete "should refrain from introducing" and substitute with "have the right to introduce"; to add "enact," before "amend or repeal laws"; to delete all the words after "repeal laws" and substitute with "relating to the public interest, this Council requests The National People's Congress of China to amend Article 74 of the Basic Law to remove restrictions on the introduction of Member's Bills relating to the political structure, the operation of the Government and government policies by Members of the Legislative Council of the Hong Kong Special Administrative Region".
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и辨綠模磁某笷硂癟谅谅
Question on the amendment proposed.
CHIEF SECRETARY: Mr President, the motion that Members are debating today needs to be seen in the context of this Council's overall responsibility for the passing of legislation. Our system of government in Hong Kong provides for the executive the Administration to take the lead in formulating policies, and the legislature this Council to scrutinize the legislative and financial proposals that we put forward. It has always been the case that the vast majority of Bills considered by this Council are introduced by the Administration.
The Administration's programme of legislation does not come about by accident. It is carefully thought out. Many bills reflect the wishes of Members of this Council, expressed through motion debates, through discussion in Legislative Council panels or through other means. Many others are the result of public consultation exercises, or of recommendations made by our many advisory boards and committees. Still others are initiatives by the Administration, perhaps to give effect to an international obligation that the sovereign power has entered into on our behalf, to update legislation that is now obsolete or to correct some anomaly or loophole in previous legislation.
Every year, Branch Secretaries put forward proposals for legislation in their policy areas arising from all these sources. The Financial Secretary, the Attorney General and I meet several times with the Law Draftsman to consider these proposals very carefully. We have to balance the pressures for change against the resources available, both in terms of the capacity of the Law Draftsman's Division to draft the legislation and of this Council to scrutinize it. Inevitably, we conclude that we cannot include in our programme all the proposals that have been put forward. So we have to set priorities. And we do this, of course, in terms of what we honestly believe to be, the public interest. Our aim is to end up with a balanced programme of legislation that meets, as far as possible, the interests of the various sectors of our society.
So a lot of work goes into the preparation of our legislative programme. And we give it a high priority which I hope is shared by Members of this Council.
Let me state at the outset that the Administration fully respects Members' constitutional right to introduce Members' Bills(MB's), subject to the limitation imposed by Royal Instructions regarding MB's which have the objective effect of disposing of or charging any part of the public revenue. But, as the Governor said in his policy address, we doubt whether the public interest is best served by this Council and the Government operating on parallel tracks rather than moving forward on an agreed basis. Continuing co-operation between the Government and the Legislative Council in the coming Session will surely be the best way to promote the interests of the people of Hong Kong.
It is in this spirit of co-operation that the Governor offered in his policy address to review with Members our proposed programme of legislation for 1995-96. I have suggested to the Chairman of the House Committee that among the issues we need to discuss are whether this programme needs to be adjusted to take account of Members' own priorities, how the Government's legislative programme can be processed most effectively and efficiently, and how MB's can be handled in a way that will not upset the processing of public bills or put a stain on resources in the Administration.
I would like to echo the Governor's call for the Government and the Legislative Council to move forward by consensus wherever possible. Clearly the more we can co-operate on the Government's legislative programme, the less need there will be for Members to put forward their own bills.
I now turn to the more specific issue of MB's which aim to amend or repeal laws enacted to implement Joint Liaison Group (JLG) agreements. Since 1985, the JLG has reached many agreements on a variety of subjects, from the construction of a new airport to the establishment of the Court of Final Appeal, from Hong Kong's membership in the General Agreement on Tariffs and Trade to the future use of defence lands. These agreements have one important point in common: they are the results of joint efforts, by Britain as the current sovereign and China as the future sovereign, to identify solutions for issues which are essential for a successful transition. Together, they provide a framework within which we can work for a secure and prosperous future.
These agreements are not reached lightly. They are invariably the product of careful negotiations. Before the British side signifies its agreement to a particular issue, it will always ensure that:
(a) the agreement is fully consistent with the Joint Declaration; and that
(b) the agreement safeguards the best long-term interests of Hong Kong.
At all stages of the negotiation, the Hong Kong Government is fully involved, as it is in all aspects of the work of the JLG. And in the process, we take full account of views expressed by this Council and the community.
Where the implementation of an JLG agreement requires legislation, draft legislation will of course be put before this Council. And this Council has a well-established track record of performing its scrutinizing role responsibly and with vigour.
But to repeal or make fundamental amendments to laws enacted to implement JLG agreements would have serious consequences. In effect, it would mean negating the work of the JLG, and unstitching the way forward that had been painstakingly agreed on important transitional issues. Progress in the implementation of the Joint Declaration would be severely affected. Indeed, the whole basis for a successful transition would be called into question. All this would be extremely damaging to Hong Kong, and to confidence in Hong Kong, particularly as we enter into the final 20 months of the transition. I am sure Members of this Council would wish to consider seriously the risks involved before going down this road.
At the end of the day, any legislature or executive is credible only if it performs responsibly, and is seen to be acting in the overall interests of the community it serves. As the Governor pointed out in his policy address, the interests of the people of Hong Kong must be paramount. He made it clear that he would not shrink from refusing assent to legislation if it were his honest view that this course of action would be in the best interests of Hong Kong. I very much hope, of course, that we will not get ourselves into a situation where the Governor has to consider making use of his constitutional powers.
Finally, I would like to turn to the amendment proposed by the Honourable LEE Cheuk-yan. The first part of this amendment seems to me to do more than state what is generally recognized to be the current constitutional position, subject of course to the limitation imposed by the Royal Instructions. The second part relates to the amendment to the Basic Law by the National People's Congress. This of course is a matter for the Special Administration Region Government and the Central People's Government, not the Hong Kong Government. I therefore do not propose to comment on it.
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ぃ莱ゼΘミ某穦∕﹚-
盢ㄓ耞
畊ネセ略朝勉︑パ囊は癸某㎝タ
DR LEONG CHE HUNG: Mr President, I rise to speak on the subject of Members' Bills. In doing so, I am reflecting my personal view as Chairman of the House Committee on the necessity of MB's, the effect they would bring to the Government, to this Council and to the Legislative Council Secretariat staff, and how, perhaps, MB's could be minimized and adopted with public bills.
Let me state from the outset that MB's are every single legislator's prerogative. The Governor in his policy address said: "That (Members' Bills) is of course within Members' right to decide, provided that their proposals do not have the object or effect of disposing of or charging any part of the public revenue."
Mr President, this Council, composed of fully elected legislators, more than any other Council in Hong Kong so far, represents the views of the people of Hong Kong. This body, and this body in particular, understands more of public needs and interests than any bodies in Hong Kong. It is therefore ironic to hear the Governor, an appointee from Britain, hinting his discontent about MB's and suggesting that he would refuse to assent such legislations using his constitutional powers, and I quote, "I would not shrink from doing so in a particular case if it were my honest view that this course of action would be in the best interests of Hong Kong." The question remains, therefore, "who represent the views and interests of Hong Kong people truly and more."
Mr President, MB's are a mechanism in all democratic institutions to reflect the needs of the people by legislators when government is seen not to satisfy such needs.
That said, Mr President, I am in no way promoting MB's. Instead, I call for legislators to try their best to reflect the views of the public to Government, and at the same time, for the Government to be more sensitive to the public's needs and to enshrine them into government bills and the legislative timetable.
Mr President, in the last Legislative Session, quite a few MB's were introduced which exemplified the above point. Take the example of the Equal Opportunities Bill introduced by Ms Anna WU. This was the result of years of fiasco attempt to move an unbudging government stone wall. At the end of the day, the Government was forced to take its own action by introducing two anti-discrimination bills. The result: those relevant parts from the Member's Bill were suitably withdrawn. I personally attempted to introduce the Medical Registration (Amendment) Bill as a Member's Bill, only because of frustration over some three years of government procrastination inspite of promises on speedy action. When ultimately, the Government under pressure introduced the same bill, I did not push ahead.
Mr President, MB's in any significant number do pose many problems. No doubt it would upset the government legislative timetable and that of this Council. Within the House, it also poses the problem of priority in setting up bills committees to study the different bills when both the number of legislators and supporting staff of the Legislative Council Secretariat are limited. Should government bills and MB's be studied in two parallel stream? Or should they all go on the same queue? Which one is more important? Which Member's bill is more important than others? All these questions have to be answered.
We must of course not lose sight of the fact that though MB's are drafted on a private basis, they still strain staff resources of the law drafting department, as well as the legal unit and secretariat staff in this Council.
Yet, Mr President, these should never be the constraints to the introduction of MB's if such are to reflect the public needs. Nor should MB's be "killed" or "guillotined", through intense negative lobbying by the Government, let alone refusal to assent by the Governor after the bills were passed by this Council.
The way to balance MB's and government bills must be through co-operation between this Council and the Administration and through better hands-on understanding of public's needs by taking suggestions of their representatives elected to this Council.
With goodwill, this can be done through various kinds of mechanism. One way is for the Government to come forth early with a list of bills they intend to introduce and invite Members to add in areas on those proposed bills which are deemed deficient. Another way is for panels or "select committees", if these are to be set up, to discuss all policies or directions of bills in the pipeline with the relevant government Branches starting from their embryonic stage.
In short, better rapport between the Legislative Council and the Administration throughout the formation of policies and bills could enable government bills to cope with public needs, making MB's less needed.
There are of course others. I am sure the House will discuss in details how this could be brought about and bring home better relationship or partnership with the Government in the same light as expressed by the Chief Secretary.
Now turning to the motion and the amendment, Mr President, in the same way, it would be very difficult for me to accept this idea that Members cannot reflect the views of the public through introduction of MB's on issues agreed in the JLG as it is obvious that in many areas, discussion in the JLG has not completely taken Hong Kong people's wishes into consideration.
Mr President, it is a blessing that the Basic Law empowers the future legislative to introduce MB's. Yet there are too many constraints and many areas of doubt on the interpretation. An early amendment to facilitate ways to reflect public needs and interests is therefore a good move.
Thank you very much.
法此某璓勉畊ネき琌翠現獀祇甶璶さ┮Τミ猭Ы某常竒パ匡羭玻ネョ琌材Ω┮Τ某常匡拒翠カチ┚狝叭翠и-
莱赣ㄨ候癘ミ猭Ыà︹㎝и-
纯竒癸翠㎝約カチ┯空
ミ猭Ыミ猭ヘ夹琌璶玃秈翠祇甶э到穦恨瞶㎝矗蔼翠ネ借ミ猭Ы基碞琌笷璓硂ㄇヘ夹镑翠癸翠程Τ∕﹚硂琌ミ猭Ы璶ノи癸Χ某某璶癸セЫ某兵ㄒミ猭"磷璹┪紀埃龟︽い璣羛羛蹈舱某τ﹚猭ㄒ"硂贺弧猭伐稰好碽
иぃ笵Χ某矗硂某琌街ミ初琌匡羭〆穦ず跋某琌い璣羛羛蹈舱临琌Χ某ヴΘ箇〆穦и笵硂某ミ猭Ы璶獶狝叭翠ョ﹚ミ猭Ы翠痲基盢┚癸禜安砞い璣羛羛蹈舱τ獶翠カチ硂琌璉斌翠痲某
材翠筁寸戳绊琌い璣蛮よゲ斗宽羛羘癸翠┯空羛羘琌и-
﹚い璣現┎琌糹︽┯空蝴臔翠蔼︑獀㎝翠獀翠璶ㄌ沮瞷Χ某璶―夹非盢夹非砞﹚い璣羛羛蹈舱某τ獶羛羘癸翠ㄓ弧琌荡癸荡癸ぃ钡
い璣現┎よ笻璉い璣羛羘ミ猭Ы秈︽笆某臛阶笷癸い璣蛮よ琻Ρ㎝瘆胊羛羘Τ伐紐納某莉讽场だ某やτ硄筁羛羛蹈舱碞沧糵猭皘拜肈笷Θ笻は羛羘某さい笷Θ秈˙某翠┎繦ㄌ眖某矗ユ腨糉у蝶Τǎのи-
戳辨い璣羛羛蹈舱﹚穦龟筋羛羘┯空徖翠痲㎡
材и-
ゲ斗候癘ミ猭Ы某琌Τ舅舦矗某兵ㄒ瓣產ミ猭某穦常局Τ笆矗舦砰瞷ミ猭某穦舅戮菏诡現┎笲瓣產穦疉のそや猭惠璶ㄆ紉眔︽現场種┪琌惠璶Τ﹚计ヘ某羛竝ㄇ瓣產︓硈硂ㄇ⊿Τ┮セЫ某矗╬琌炊筂砆蹦舅逼璝盢矗舦Ыぃ璹ㄢ瓣現┎舱某玥瘤ゼゲ琌荡﹚琌玡承羭
ㄤ龟膀セ猭の箇〆穦だ砏﹚㎝某玠畓ミ猭某穦戮舦ㄒぃ甧砛荷е崩︽匡崩︽ゑㄒ璹"穦ㄢЫ"∕祘Θミ妮〆ヴ羬ミ猭穦单ヘ夹常琌だ吊ミ猭穦玠畓ミ猭穦崩︽いよ┮孔"︽現旧"縒掉恨獀τ膀セ猭材兵皐癸╬糤埃疉のそ秨や疉の"現獀砰┪現┎笲"ョ惠ㄆ眔︽現﹛種酚硂ㄇ穝糤砞獺⊿Τ或ぃ惠璶︽現﹛ㄆуê或畊ネ刚拜ミ猭场︙Τ砰瞷ㄤミ猭戮菏诡現┎笲㎡螟笵ミ猭穦ш簍痷タ倔ブ瓜彻à︹硂琌翠腀種ǎ琌┮Τミ猭Ы某腀種ǎ薄猵
チ囊眏疨は癸某某秈˙ぃ瞶砏ミ猭Ыミ猭舦チ囊や璹膀セ猭埃材兵い癸╬疉の現獀砰┪現┎笲и-
穦や某タ
畊ネセ略朝勉
腑瓣辆某璓勉畊ネ鲸恨Χギ棚某Τ▆祇翴某琌⊿Τゲ璶
菏诡現┎琁現琌ミ猭Ы某舅戮砫ぇ硂戮砫ぃ莱ヴ︙τ┪ōミ猭Ы某狦祇谋翠┎琁現Τア粇獽莱カチ俱砰痲玡矗ゲ璶ミ猭Ы矗某兵ㄒタチ羛辨ㄆぃ璶ミ猭Ы"秨苧"ぇ悔獽矗ヴ︙Τ玠畓ミ猭Ы菏诡現┎琁現竡某и踞みㄒ秨ㄤΑ磜▂獽穦钡挎τㄓ
い璣羛羘帽竝翠獽秈筁寸戳い璣羛羛蹈舱Θミ獽琌帝翠キ铆筁寸τㄓΤ兵翠猭ㄒ硓筁い璣羛羛蹈舱某τネ硂ㄇ猭ㄒ︓さご盽笲パǎい璣羛羛蹈舱ㄓ┮笷Θ某常才翠キ铆筁寸璶―才翠痲
畊ネい璣羛羛蹈舱琂翠キ铆筁寸τㄤ某︑礛Τ翠羉篴铆﹚セミ猭Ы某ョ场粆┚翠獺某ゲ盢荷み荷翠俱砰褐ㄌ耴иぃ谋眔い璣羛羛蹈舱ヘ夹籔ミ猭Ы某玃秈翠キ铆筁寸ヘ夹Τヴ︙侥はτ莱赣琌徊Θ
い璣羛羛蹈舱某瘤パい璣ㄢ瓣┮璹ミ┕┕斗硓筁セ猭ネ現┎眔龟琁狦羛蹈舱┮笷Θ某ゼ眔穦のミ猭Ы粄ミ猭Ы某獽莱ㄓ硓筁ヴ︙猭の続讽措笵祇揣ㄤ菏诡現┎琁現τ矗某兵ㄒ獽琌某莱Τ舦璶Τ闽ぃ疉の現┎癩現秨や硂舦琌ぃ莱Τヴ︙兵ン┪磜▂
иゲ斗ヴ︙ぃキ铆筁寸兵ㄒぃ阶琌﹛よ临琌獶﹛よチ羛常穦は癸Τヴ︙ミ猭Ы某矗某兵ㄒ璹┪紀埃硓筁い璣羛羛蹈舱τネ猭ㄒチ羛﹚ぃ穦や
チ羛膀癸チ匡ミ猭Ы某獺ヴ绊某癸菏诡現┎琁現戮砫┯踞の獺某ぃ穦繦獽矗旧璓舅诀珿チ羛粄Χ某某琌ぃゲ璶チ羛盢穦щは癸布
︓某タチ羛ぃ種チ羛粄Τ惠璶э膀セ猭莱パ翠疭︽現跋矗沮膀セ猭材κき兵砏﹚"膀セ猭э某瓣チ穦某祘玡パ翠疭︽現跋膀セ猭〆穦╯矗種ǎ"τ赣パ12舱Θ〆穦いㄤい翠パ疭跋︽現﹛ミ猭穦畊㎝沧糵猭皘畊猭﹛羛矗パǎ膀セ猭瘤礛琌龟琁Τ闽疭﹚э诀秨﹍笲э筁祘い翠ごΤ祘把籔珿瞷龟ゐ斗璶―эチ羛ョ穦は癸某タ
セチ羛略朝勉
馋莱某璓勉畊ネセ翠ㄓ常琌︽︽現旧恨瞶家Αミ猭Ы某硓筁碭贺硚畖ㄓ紇臫現┎現郸τ矗某兵ㄒ碞琌ㄤい兜舅结ぉミ猭Ы某舦セ粄ミ猭Ы某荡癸Τ舦蝴臔カチ痲玥薄猵矗ヴ︙Α╬猭и-
⊿Τ瞶パ現┎Τぃ钡┪いよゼτ盢и-
┮绊玥のミ初斌┪ゼΤ拜肈瞷玡︑竕も竲︑紀猌玥и-
螟だ︽ㄏチ匡某莱Τ砫ヴ
砛︗カチ常笵瞷Τㄇミ猭Ы某ゴ衡览╬猭常琌玂毁カチ痲玡矗拇チσ納セミ猭Ы穦戳ず矗"そキ膙猭"碞琌ㄤい兜玂毁禣舦痲の玃秈そキ竒蕾坝穨笆┮览パる戳丁チ碞沧糵猭皘兵ㄒ┮矗璹ゼΘ硄筁и-
穦σ納ミ猭Ы矗癸沧糵猭皘兵ㄒ兵ㄒ璹璶―兵ㄒず"瓣產︽"迭莱炊硄猭玥の弘秆睦Τ粄チ羭Τ笻い璣某砏﹚チ絋獺ㄏカチ癸セ翠猭玂獺みの蝴瞷Τ猭ぃ跑璹琌Τ惠璶︓ㄤ某盢穦碞骋現郸览猭ョ琌玂毁骋舦痲の褐τ砞羆砰ㄓ弧ミ猭Ы某琌Τ砫ヴ玂毁カチ舦τ癸瞷Τ猭ㄒ矗璹┪干ì眖眔挡阶チ穦癸Χギ棚某某щは癸布
癸某タチ玥琌觅膀セ猭い材兵陪癸ミ猭穦某ぃゲ璶ミ猭Ыセōノ琌菏诡現┎笲の璹猭ㄒ璝某ぃ癸現┎矗猭礚好琌玠畓ミ猭Ыセō伐ぇΤ舦珿硂兵ゅ荡癸Τэゲ璶ㄆ龟膀セ猭いぃ瞶の耕絢兵ゅぃ硂兵ㄤ陪ㄒ材兵ョ琌Τэゲ璶チ觅Θэ膀セ猭いㄇぃ続兵ゅ
礛τや某タぇ緇セ斗ビチミ初チ粄э膀セ猭某ゲ斗酚タΑ猭祘秈︽璶笵璝и-
璶玡э膀セ猭碞单甧砛玡︑︽э膀セ猭妓硂琌チ┮ぃ钡璝玡︑︽э膀セ猭癸翠蔼︑獀琌獶盽ぃ膀セ猭セōΤ矗э碻膀セ猭┮砏﹚硚畖パだぇ疭跋だぇミ猭穦某の︽現﹛種矗э某и-
ぃ莱硏ぇеτ︑反
程チ㊣苸ミ猭Ы某現舦簿ユ璶―紀埃膀セ猭ずㄇぃ瞶兵ゅ
セ略朝勉は癸Χギ棚某某觅Θ某タ
币某璓勉畊ネ癸Χギ棚某"某兵ㄒ"某セは癸篈硂琌獻デミ猭Ы某猭舦硄筁Τ笻い璣羛羛蹈舱某兵ㄒ羆服Τ舅舦┶荡уゐ斗パミ猭Ы某┯踞兜砫ヴ
и癸某タ玡场だボや癸ㄤ璶―璹膀セ猭ê场だセ玥Τ┮玂痙膀セ猭兵ゅ砏﹚璹膀セ猭祘羉狡瞷セЫ﹟ゼㄣ称ê妓兵ンセ癸タ∕﹚щ斌舦布
︙玊く某璓勉畊ネさぱ某臛阶疉の肈碞琌セЫ︙︑玡à︹㎝︗硂拜肈闽龄и-
︙矪瞶ㄢ贺闽玒
材碞琌翠玡㎝ㄢ﹙瓣の㎝いァ現┎闽玒
材セЫ玡㎝現┎の盢ㄓ疭︽現跋︽現﹛闽玒
矪瞶硂ㄢ贺闽玒и-
莱蹦或膀セ玥㎝ミ初㎡硂∕﹚и-
ㄣ砰よ皐の惫琁
畊ネ狦и-
膀セ玥㎝ミ初琌獺羛羘穦"瓣ㄢ"㎝"蔼︑獀"楚﹚璶㎝ゲ惠膀娄τи-
∕み蝴臔杠и-
琌荡癸ぃョ⊿Τ瞶パやΧギ棚某某и-
荡癸ぃ礚兵ン㎝钡い璣ㄢ瓣現┎硓筁羛羛蹈舱某и-
璹猭陪沮羛羘ン羛羛蹈舱ぃ琌舦诀篶ぃ穦把籔翠┪盢ㄓ疭跋︽現恨瞶︓ぃ癸ぇ癬ヴ︙菏服ノ狦и-
礚兵ン㎝钡ㄤ某硂癦ぃ琌р羛羛蹈舱蔼ミ猭诀闽㎝舦诀篶硂陪笻璉羛羘狦и-
碙猭獀杠и-
荡癸ぃ钡硂妓某
材翴羛羛蹈舱磅︽戮砫陪ゲ斗羛羘┮ヴ︙某ョ荡ぃ璉瞒い璣羛羘弘㎝玥珿ヴ︙現┎猭狦膀羛蹈舱某τセЫ璝Τだ瞶パ粄硂ㄇ猭笻は羛羘┪璉瞒羛羘弘杠и眏秸и-
Τ砫ヴ矗璹ㄏㄤ才羛羘︓┶荡硄筁硂ㄇ笻は羛羘猭硂琌笵紈猭の現獀砫ヴ讽礛埃獶и-
谋眔羛蹈舱Τ舦繦種э┪秆睦羛羘┪и-
⊿Τ玦⊿Τ徖羛羘玥и-
钡Χギ棚某某㎡
畊ネσ納某タи-
讽礛睲贰セЫ玡┮莱ш簍㎝糹︽à︹ぃ虫璶は琈チ種临璶蝴臔そ竡㎝そ渤痲膀娄翠ミ猭и-
莱硓筁借高現┎诀菏诡現┎癩現单舦ㄓ颗現┎ㄏぇΘΤ蔼硓㎝璽砫ヴ現┎ぃ┋琌膀セ猭材兵ず甧籔и┮弧ヘ夹㎝よ璉笵τ梗管ミ猭诀闽某舅よ矗舦ㄏ俱ミ猭ЫЧ妮︽現﹛ぇㄤ龟膀セ猭現砞璸屡瓜瞷陪琌璶荡癸"︽現旧"︓跑Θ"︽現盡舦"虑北︓管ミ猭某矗舦и-
膀セ猭ずミ猭穦砞Τ"だ舱щ布舦"ㄏセㄓパ计某∕﹚ㄆ瞷璶だ舱ㄓ∕﹚ㄢ舱ョだ璶Τ计某種硄筁τ︽現﹛ョΤㄢΩ"∕舦"︽ㄏ材Ω"∕舦"ㄏだぇミ猭穦┮硄筁某ョ砆∕ㄤ龟竒弧琌矪矪砞ňㄏミ猭穦舦綝部锚瞷硈度Τ矗舦ョ璶管刚拜и-
临糹︽い璣羛羘┮砏﹚︽現诀闽斗ミ猭诀闽璽砫玥㎡
程抡ぇ矪琌疉の現┎現郸矗常ゲ斗ㄆ眔︽現﹛種и-
笵Τ或現郸ぃ穦疉の現┎現郸㎡狦現┎┪︽現﹛ぃ觅Θ琘兜某硂セōぃ碞琌現┎現郸盾璝琌硂妓癦ぃ琌ヴ︙某常惠璶︽現﹛種и-
硂痷惠璶現獀玦セ穦▆徖羛羘蝴臔瓣ㄢ蔼︑獀и㊣苸產は癸Χギ棚某某や某タ
谅谅畊ネ
6.10 pm
PRESIDENT: It appears that the grounds for my ruling on Dr Philip WONG's point of order are dubious. I must apologize to Honourable Members for having to take a second break in order that I can take further advice from our Legal Adviser. This time it will perhaps be a bit longer.
6.53 pm
Council then resumed.
PRESIDENT: Honourable Members, I have taken further legal advice. The appointed date on which a Member commences his office as Member of the Legislative Council is the date appointed by the Governor for the commencement of the Legislative Council Session. So from a technical point of view, the mover of the motion had not begun his office as a Legislative Council Member when he gave notice on 2 October 1995.
The point taken by Dr the Honourable Philip WONG is an intriguing one. However, public officers are not constrained in the same manner regarding the giving of notice as there is no question of their commencing their public offices on the appointed date. To deprive Members of the right to move motions, motions to amend and motions to adjourn, before they commence their tenure of office, would result in an anomalous situation. Furthermore, Members have been informed of the terms of the motion and the amendment in good time. I consider that I should exercise my discretion under Standing Order 21(1) to dispense with the notice requirement.
By the same token, I would also exercise my discretion under Standing Order 9(6) to dispense with the notice of motion on the adjournment that Mrs Elizabeth WONG will move at a later stage.
I therefore retract my previous ruling.
糕蚌┚某璓勉畊ネさぱ硂兜某臛阶斑矪琌琵畒穝某Τ诀穦きのせら氮谅羆服琁現厨Ω簍策初ì瞴辽玡Τ絤猧诀穦
畊ネи-
秆ヘ玡翠現┎笲琌︽現旧硂家Αョ琌そ叭程﹚み璝ぃ琌パ︽現旧碞衡Τ笿и獺ョ穦Τそ叭σ納癶ヰ狦ミ猭Ы某舦Τぱび杠矗兵︓κ兵某兵ㄒτ硂ㄇ兵ㄒ程沧現┎︽現旧龟琁㎝硂琌ㄆ龟讽礛ヘ玡翠現ㄓ弧パ崔チ˙ゼㄓ耴い瓣硂琌ㄆ龟и-
現獀把籔硂ㄇㄆ龟讽い︙―キ颗翠カチ痲ㄌ耴∕﹚τぃ琌現囊痲鸟┪ぃゲ璶ほ稱
纯竒Τㄇ蛤и弧-
みヘい疭跋程ㄎ匡琌琖皇某и種狦翠琌縒ミ杠Τ匡布や獽穦秤玭獶羆参﹕紈┰纯夯夯眔匡布や秤獽Θ羆参硂荡癸琌ㄆ龟翠ㄆ龟ぃ琌縒ミ瞷琌璣瓣恨獀崔チ瘤礛羛瓣舅彻⊿Τ崔チ泊и-
ぃ﹚硂ㄆ龟ウ琌い瓣疭︽現跋現囊㎝現獀把籔烩旧カチ弧翠琌翠и-
璶蔼︑獀翠カチ––砆硂ㄇ靖硑Θぃゲ璶粇秆и-
璶瞏ち秆翠獶﹚琌翠翠琌い瓣い瓣ぃΤ翠临珹ㄤチ壁㎝チи-
ゲ斗睲贰フ硂翴
Τ闽さぱ硂兜某臛阶Χギ棚某祔祇谋Τㄢ布やㄓ弧礚阶Τぶ布常琌"Χ"τ眔ぃや琌ㄆ龟ぃ璶候硂琌現獀產ぃ璶眔び硂琌初臛阶块ぃノびざ胔拜肈琌某タ硑Θ讽腨㎝ぃ▆狦и-
笵瞷現獀把籔琌匡チユΤ诀穦琵祇揣︙ぃ祇揣ち狦衡︑Τぶ獽竭ぶ羆服碸﹚眃ネ︙沽ぃ琌蹦硂贺篈癸某┮矗タ弘㎝︑┮暗ㄆи瞶秆㎝教秆
ぃ筁и-
璶フ膀セヘ玡膀セ猭竒睲贰更玡狦ミ猭Ы硄筁某兵ㄒ牟い璣羛羘︓ㄢ瓣痲羆服荡癸笲ノ璣虎㎝癡┮结ぉ舦ゎ┪Τ闽硂弘セぃ眔Χ某ヘ玡┪踞み︓膀セ猭ョ竒睲贰糶疭跋荡癸笲ノ舦璣虎㎝癡┮结ぉ羆服舦笷恨獀翠ヘ传杠弧虏虫疭跋琌い瓣いァ現┎臮の翠痲ョ璶臮のいァ痲穦Τだぇ布计は癸∕﹚硈尿ㄢΩミ猭穦∕﹚ゼ琌М稱ぱ秨
礚阶琌現獀把籔ヴ︙и-
琌秈︽臛阶ノㄓ暗現獀玡い瓣烩旧琌繷現獀籔и-
繷現獀セ琌ぃ计┮ぃ矗阶и-
癚阶祇揣琌產窾ぃび粄痷и-
璶琵カチ睲贰笵и-
弧程癸ぃ癬暗ぃ玡Τ羆服璣瓣痲Τ疭跋い瓣いァ現┎痲
畊ネ碞さぱ某臛阶иは癸某タ癸某и玥щ斌舦布и辨ゼㄓら礚阶琌玡翠临琌龟︽︽現旧и辨﹛籔ミ猭Ы某眔耕ㄎ肪硄ミ猭Ы某ぃノ竒盽笲ノ某兵ㄒㄓ笷璓ヘ
畊ネи略朝勉
辩模┚某璓勉畊ネи瞏瞏獺礚阶琌Χギ棚某某ы┪琌某タ莉眔セЫ硄筁癸ㄆンセō琌荡ぃ穦盿ㄓヴ︙э跑璝某タ莉硄筁い瓣瓣ョ荡ぃ穦τ璹膀セ猭材兵ず甧τ癸êㄇ篋"︑и"某ㄓ弧ぃ阶Τ⊿Τ硂兜某-
穦︑笆磷矗のず甧Τ笻は羛羛蹈舱某某兵ㄒ
よㄏΧ某某莉眔硄筁ミ猭Ыずㄆぷㄤ琌êㄇ筁┕ぃ骸羛蹈舱┮硄筁某某の癸êㄇ幢翠舦痲很翠蔼︑獀某ㄓ弧硂筁寸戳闽龄ㄨ常ㄌ礛穦セ▆みカチ荷荡癸ぃ穦Χ某某τΤ┮笆穘┪癶罽
ぃ筁鲸恨иㄌ礛穦や某タは癸Χ某某Τㄢ翴
某礚龟某兵ㄒ
︑眖ミ猭Ыきまチ匡某畊癸某纯矗某ㄏ镑莉眔计某種現┎场ョ┕┕ぃ┮笆
癘眔ミ猭Ы纯笆某臛阶Τ闽璶―現┎挡盡厩禣碩穝浪癚厩禣現郸瘤礛程硂某莉计某觅Θ硄筁現┎篈玱"ㄌ礛珿и"厩禣酚τ現郸ョゼ莉浪癚
パǎ某龟悔瞋帮硁畓礚τ睝礚龟某ㄆ杠肈
琌︑眖セЫ某ま某兵ㄒぇ現┎篈獽Τ陪э跑よ跑眔笆莱セЫ某┮闽み拜肈τよョ礚ーの砆矗莱猭ㄓ現┎獺龟悔癸穦τēョ盿ㄓㄇэ到ㄒ穦戳璝ぃ琌某兵ㄒ溃現┎ぃ穦笆矗戈癟そ秨玥のミ猭窽ゎ癸┦の摧痚猍跌
璝セЫ某ら膀セ猭材兵┮ぃ碞現獀砰現┎笲の現┎現郸硂よ矗某兵ㄒ杠薄猵碞单砆玠龟舦τチ匡ㄓ某跑Θ"蒒鹁阚"ミ猭Ы盢玡倔ブ瓜彻
到ノ某兵ㄒ辅龟翠蔼チ︑獀
ㄆ龟硂耴玡稶瞷┮孔"某"タ種稶翠舦痲砆芥
產ǎ程羛蹈舱碞沧糵畑┮笷Θ穝某ㄤい闽膀セ猭癸瓣產︽瓃の︽現﹛猭崩滤〆穦ㄓ玻ネ畊猭﹛硂ㄢ翴ぃΝ竒砆︽現Ы笻は羛羘㎝膀セ猭よ硂琌璣よ―荷Ν琵沧糵猭皘眔Θミぃ堡斌〆ヴ猭﹛ゑㄒ艶┦盢猭﹛搭︓基┮传ㄓ
珿硂い璣ユ钡程顶琿の┕ら盢Τ诀穦薄猵и-
砆抖も┼ㄓ穛︱芥и-
舦痲
硂闽龄ㄨチ匡ミ猭Ы某璝ぃ硓筁Τ龟硚畖矗某兵ㄒㄓ徖カチ舦痲э到穦俱砰拜肈τ琌酵Α某ㄓは琈チ種琵現┎场Τ礚"種ǎ酚Μ現郸酚侣"杠玥┤產常跑Θ"翠︑量"翠︑弧︑杠τ痷タ翠蔼︑獀玥跑Θ杠螟辅龟
膀蝴臔翠カチ龟悔舦痲ミ猭Ы某莱赣Τ舦矗某兵ㄒ虑璹璹┪紀埃疉のそ渤痲兵ㄒ程и略腨德㊣苸辨瓣钮и-
種ǎэ膀セ猭材兵
畊ネи略朝勉や某タは癸某
MR PAUL CHENG: Mr President, as a matter of principle, I fully agree that every Member of this Council has the right to introduce MB's as a legitimate part of the legislative process. However, I also believe this right should be used sparingly on issues of vital concern to Hong Kong and where other weapons in the legislative armoury have failed to make an impact on our executive-led Government.
The Hong Kong Administration has a difficult enough task ahead in the run-up to 1 July 1997. All parties should now focus on how to work in partnership to help ensure a smooth and stable transition. The process for amending the Basic Law is clearly outlined in the Basic Law itself, and it is a matter for the National People's Congress and the Government of the Special Administrative Region of Hong Kong. As Members know, the HKSAR is some 600 days away before it is established.
The Basic Law was formulated with the best interests of Hong Kong people in mind and provides a solid framework for our future. To press now for amendments to the Basic Law may trigger others to amend other articles as well. Where would that lead us? Would it really be in the interests of the people of Hong Kong? Would it promote stability? I think not.
As for the original motion, I believe it is too restrictive in its wording. Mr President, I can support neither the amendment nor the original motion.
MR ELIZABETH WONG: Mr President, for the first time in Hong Kong's history, we have a fully elected Council, elected as people's representatives in service to them. Yet, it is ironic, is it not, that in our very first motion debate, we are debating whether we should shut up in respect of MB's, instead of speaking up, in the interests of Hong Kong people to whom we have sworn allegiance only last week and in whose interests we serve.
In my opinion, a MB's is an effective measure to monitor the action of the Government and in the good words of a former Legislative Councillor, Ms Anna WU, "a Private Member's Bill is a constitutional check against the delinquencies of the Government."
It would be, I suggest, delinquent of us to refrain from introducing MB's simply to avoid trespassing on the sacred terrain of the Sino-British Joint Liaison Group.
Thus, dare I say that to accept the original motion is tantamount to reducing this Council of people's representatives to a Council of sheep or scapegoats, whichever you prefer?
It could also be argued with equal conviction that voluntary restraint in some cases is as good, or as bad, as committing constitutional harakiri.
Let us not forget that we owe it to the people of Hong Kong to do what is right and not to do what we are told to be right.
That said, I think a person of reason and common sense, and a person of humility should, in order to effect a smooth implementation of any bill, on a realistic basis, discuss the subject matter first with government officials, to see in what way the issue could be satisfactorily resolved in an acceptable manner. It would be better still for the official to be persuaded to take up the issue as a government measure.
I think it is only proper and right that we do so if we are really serious in not only introducing a bill, but also in having the bill implemented.
However, if we fail to reach an agreement with the officials, and as a matter of last resort, and in honourable demonstration against either the ineptitude, or the intransigence, or sheer stupidity, of the Government, I, for one, would contemplate introducing MB's for a public good, even if I were to run the risk of having the bill vetoed by the powers that be.
Here I would admonish against any veto which will be draconian both in nature and in effect and might trigger off a constitutional crisis which would not be in the best interests of Hong Kong.
Mr President, with these remarks, I oppose the original motion.
PRESIDENT: Mr David CHU, do you wish to speak? You have five additional minutes to speak on the amendment.
MR DAVID CHU: Mr President, I regret that the Honourable Mr LEE was using the language of war. He obviously does not understand my motion. It is not about fighting, it is about moderation and co-operation so that we can have smooth transition. Hong Kong people want peace, not war. Regarding the second part of his amendment, I have three points.
First point, Mr LEE's amendment is written in the present tense. In other words, he is asking that the Basic Law be changed now, almost two years before its implementation. This is unrealistic. The first amendment to the American constitution was made three years after the charter's implementation.
Second point, one should not change the Basic Law so lightly. This is not good for the rule of law or for confidence.
My third point, this amendment is not realistic because the suggested change is totally against the principle of executive-led government, the Basic Law and the Joint Declaration.
Thank you, Mr President.
SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, as the Chief Secretary said earlier, the agreements we have reached in the Joint Liaison Group(JLG) are the results of joint efforts, by Britain as the current sovereign and China as the future sovereign, to identify solutions for issues which are essential for a successful transition. Together, they provide a framework with which we can work for a secure and prosperous future for Hong Kong and its people.
I only wish to reiterate that to repeal or make fundamental amendments to laws enacted to implement JLG agreements would have serious consequences. Progress in the implementation of the Joint Declaration would inevitably be severely affected. What possible benefits could this have for the people of Hong Kong? It would affect confidence in our future, both locally and overseas. This would certainly not be conducive to a smooth transition.
As the Governor pointed out in his policy address, the interests of the people of Hong Kong must be paramount. Like the Chief Secretary, we very much hope that we will not get ourselves into a situation where the Governor has to consider making use of his constitutional powers to refuse assent to legislation. I therefore hope that Members of this Council will proceed with great care, and act in the long-term interests of the community, when contemplating the introduction of MB's, whether they are related to JLG agreements or not.
As regards the part of Mr LEE Cheuk-yan's amendment relating to the Basic Law, our position has always been that any proposal to amend the Basic Law, which will not come into operation until 1 July 1997, is a matter for the Special Administrative Region Government and the Central People's Government, not the Hong Kong Government.
Question on Mr LEE Cheuk-yan's amendment put.
Voice vote taken.
PRESIDENT: Council will proceed to a division.
PRESIDENT: Will Members please first register their presence and then cast their votes?
糕蚌┚某畊ネ叫睲贰禗êㄇ穝某莱︙磜-
岿
PRESIDENT: I think all Members are acquainted with the voting machine.
PRESIDENT: Before I declare the result, Members may wish to check their votes.
MR RONALD ARCULLI: I am not a mathematical genius, but if you look round it seems to me that there must be more than 38 Members present. I do not know whether there is anything wrong with the machine. It would not be the only thing going wrong tonight.
糂ホ某畊ネ痷琌-
ぃ︙磜┮程叫秆睦Ω
PRESIDENT: I have decided to reactivate the voting machine. Will Members please first register their presence by pressing the first button, and then vote by choosing one of the three buttons below the first button?
PRESIDENT: Any queries? Before I declare the result, will Members please check their votes? The result will now be displayed.
Mr Martin LEE, Mr SZETO Wah, Dr LEONG Che-hung, Mr Albert CHAN, Mr CHEUNG Man-kwong, Mr Michael HO, Dr HUANG Chen-ya, Mr Fred LI, Mr James TO, Dr YEUNG Sum, Mr WONG Wai-yin, Mr LEE Cheuk-yan, Mr CHEUNG Bing-leung, Mr HO Chun-yan, Mr LAU Chin-shek, Dr LAW Cheung-kwok, Mr LAW Chi-kwong, Mr LEUNG Yiu-chung, Mr SIN Chung-kai, Mr TSANG Kin-shing, Dr TSE Wing-ling, Mrs Elizabeth WONG and Mr YUM Sin-ling voted for the amendment.
Mr Allen LEE, Mrs Selina CHOW, Mr NGAI Shiu-kit, Mr LAU Wong-fat, Mr Edward HO, Mr Ronald ARCULLI, Mrs Miriam LAU, Mr CHIM Pui-chung, Mr Eric LI, Mr Henry TANG, Dr Samuel WONG, Dr Philip WONG, Mr James TIEN, Mr CHAN Kam-lam, Mr CHAN Wing-chan, Miss CHAN Yuen-han, Mr Paul CHENG, Mr CHENG Yiu-tong, Mr CHEUNG Hon-chung, Mr CHOY Kan-pui, Mr David CHU, Mr IP Kwok-him, Mr LAU Hon-chuen, Mr LO Suk-ching and Mr NGAN Kam-chuen voted against the amendment.
Mr LEE Kai-ming abstained.
THE PRESIDENT announced that there were 23 votes in favour of the amendment and 25 votes against it. He therefore declared that the amendment was negatived.
PRESIDENT: Mr David CHU, you are now entitled to reply and you have 11 minutes 15 seconds out of your original 15 minutes.
DR DAVID CHU: Mr President, if my honourable colleagues think that I am here today to seek their "yes" vote, they are wrong. I am here today to give them a chance to say to the people of Hong Kong that they are for moderation, for co-operation, and that they will do their best to achieve practical solutions for a smooth transition.
Therefore, Mr President, I do not mind at all if the only vote I get is that of my own. This way, the people will at least know that there is one person in this legislature who is not afraid to exercise moderation. There is at least one person in this legislation who is not afraid to say that he is for co-operation. I do not mind being alone on this because when you know you are right, you do not mind being alone.
May I give an analogy. All of us are flying in the same airplane, on a heading pre-programmed by history, towards a destination where no one has ever been. We, the Members of this first totally elected legislature, are in the cockpit and the people who voted for us are all seated behind. It is understandable that Members have different ideas about how to prepare for the arrival. We can settle our differences by either confrontation or co-operation.
But regardless of the choice we make, we have to land this aircraft in 21 months' time. Whether we have a smooth landing or a crash, it is up to us. I have made my choice and now it is your turn.
Thank you, Mr President.
Question on Mr David CHU's motion put.
Voice vote taken.
PRESIDENT: I think the "Noes" had it.
Mr David CHU claimed a division.
PRESIDENT: Council will now proceed to a division.
PRESIDENT: Will Members please register their presence and then proceed to vote?
PRESIDENT: Any queries? Before I declare the result, Members may wish to check their votes. The result will now be displayed.
Mr David CHU voted for the motion.
Mr Allen LEE, Mrs Selina CHOW, Mr Martin LEE, Mr SZETO Wah, Mr Edward HO, Mr Ronald ARCULLI, Mrs Miriam LAU, Dr LEONG Che-hung, Mr Albert CHAN, Mr CHEUNG Man-kwong, Mr Michael HO, Dr HUANG Chen-ya, Mr Eric LI, Mr Fred LI, Mr Henry TANG, Mr James TO, Dr Samuel WONG, Dr YEUNG Sum, Mr WONG Wai-yin, Mr James TIEN, Mr LEE Cheuk-yan, Mr CHAN Kam-lam, Mr CHAN Wing-chan, Miss CHAN Yuen-han, Mr Paul CHENG, Mr CHENG Yiu-tong, Mr CHEUNG Bing-leung, Mr CHEUNG Hon-chung, Mr CHOY Kan-pui, Mr HO Chun-yan, Mr IP Kwok-him, Mr LAU Chin-shek, Dr LAW Cheung-kwok, Mr LAW Chi-kwong, Mr LEE Kai-ming, Mr LEUNG Yiu-chung, Mr NGAN Kam-chuen, Mr SIN Chung-kai, Mr TSANG Kin-shing, Dr John TSE, Mrs Elizabeth WONG and Mr YUM Sin-ling voted against the motion.
Mr CHIM Pui-chung, Mr LAU Hon-chuen and Mr LO Suk-ching abstained.
THE PRESIDENT announced that there was one vote in favour of the motion and 42 votes against it. He therefore declared that the motion was negatived.
ADJOURNMENT
MRS ELIZABETH WONG: Mr President, I move that this Council do now adjourn to enable me to raise a public matter for which the Government is responsible, with a view to eliciting a reply.
PRESIDENT: Members may wish to be reminded that in an adjournment debate there are 45 minutes for Members to speak. I have accepted the recommendations of the House Committee that the 45-minute speaking time be equally apportioned amongst the six Members (including Mrs Elizabeth WONG) who have given prior notification to the Clerk of their intention to speak. As Members were advised by circular on 17 October, Members who have given prior notice to speak, including the proposer for the subject, will each have seven minutes 30 seconds for his or her speech. Under Standing Order 27A, I am required to direct any Member speaking in excess of the specified time to discontinue his or her speech. At the expiration of the 45-minute period or after all the Members wishing to speak have spoken, whichever is the earlier, I will call upon the Secretary for Education and Manpower to reply.
The Importance of Encouraging Broad Education and Modern-day Literacy (for example, Computer Literacy) in Hong Kong
MRS ELIZABETH WONG: Mr President,
Introduction
I believe there have been no adjournment debates for at least two years in this Council. As a new comer to this Council, I feel I should practise the art of thinking on my feet so as to prepare the way for many marathon debates of the kind in the good days to come.
The subject of today's adjournment debate, which I sponsor, was prompted by the recent spate of suicides amongst teenagers which is really heart-rending. Some of these suicides were described as due to pressure from school work.
All this, I think, is a sad indictment of our society! Hence debate.
Without attributing or wishing to attribute, and without having any pretensions to either being a philosopher, or an intellectual, or even an educationalist, I hope that through this debate and collective wisdom, and through the voice of those who care in this Council, we can give the right message to the Hong Kong people about this very important broad area of education.
I would like to say that true broad education is not just about facts or theories or laws or about book-learning. Mere accumulation of information by stuffing the memory is not education, but instruction or indoctrination.
Education is really about opening up minds, not to take things for granted in the same way as we do not take the Standing Orders for granted. Education widens our horizons, and awakens in us a natural curiosity in things. It is about how to think for ourselves. More importantly, it is about how to cope with life and making the best of life itself.
Just as civilization is the result of the accumulated art and experience of survival, so education should teach us the skills of survival in an ever changing world.
The modern dilemma we face, I think, is how to achieve a balance between the demands of mediocrity and the pursuit of excellence; between pedantic book-learning and developing individualism.
We live at a time when the average individual has to know several times as much as his ancestors. In order to keep informed, in Hong Kong for instance, we are told that we should speak Cantonese, we should speak English and we should speak Putonghua and, goodness me, these are only just starters!
No wonder our kids are under tremendous pressure.
The measure of progress of the world is not about how many A's student gets, or how many languages he speaks. What about the dumg and deaf? They also have something to offer to our society. What about how the young person can cope with life itself and, can survive in this complex world?
In these critical days, the requirement for knowledge covers such enormous grounds that no single person can be expected to be good at all the subjects; but some might be good at some of the subjects. That is to say, not all the people are talented in the same subject, but in all the subjects there must be some talented people.
Therefore, it is important through education to make for individuality: individual superiority of achievement rather than collective mediocrity.
It is in the discovery of the strengths in a person that parents and teachers alike must work together to detect, cultivate and bring about the best talent in that person: be the talent in music, in cooking, in dancing, in sports, in mathematics, whatever.
But to cope with modern hi-tech, we require a new approach to education. Technological changes should bring about the need for an understanding of the new literacy, including computer literacy, so that we can cope with the influence that new technology can bring. Computer literacy should not just start in the secondary schools it is a bit too late for that but much earlier in primary schools. Elsewhere, it is in the kindergartens. Kids should know how to punch into the computer. There is no doubt that we live in evolutionary times with a need to setting codes of ethics, so that we know the ground rules of communication through faceless, heartless machines. Young people would be lost without new road maps for travelling on the internet or in cybernetic space.
If we look into the future, we should prepare our children to become good citizens not only in Hong Kong but in the new world order. If we do not enrich their minds with knowledge or in-build their hearts with love or truth and the duty of international citizenry, we are doing an injustice to our next generation because the world is getting very much smaller than you and I think.
So, I recommend the Government, parents and teachers should work together in tapping the individual talent, in providing more choice of subjects, in providing better-paid expert teachers, in promoting literacy in the arts, in music, in science, whatever the young people are good at individually, to identify new opportunities in Hong Kong's economic structure and enhance less pedantic book-learning, in enhancing vocational training, and in promoting the understanding of new ethics in the use of computer.
When we spend one third of our lives in academic studies, let us at least try to make education both fruitful and enjoyable. Let us encourage modern day literacy.
Thank you, Mr President.
MR MARTIN LEE: I do not think we have a quorum.
PRESIDENT: I direct that Members be summoned.
眎ゅ某璓勉畊ネ穝厩秨﹍钡硈﹙厩担︑炳磀粿綺佩或-
穦匡拒兵荡隔或-
穦癸ネ㏑ぃ辨或-
ギ灌み艶穦癸丁睝礚膊攀
и毙▅某癸厩担瞒斌ネ㏑┪摧甡ō砰稰獶盽螟筁硂ョは琈さぱ瞷て穦の毙▅ぃìぇ矪瞷て穦借淮艶┦ろΤ薄ぱ丁мてネ虫波瞒籹硑γ琕吏挂担Τ耚叉波瞒埃簔盾瞷さ毙▅Τ癸莱拜肈干毕
癸独窥ㄤ军某さら臛阶某肈セ種璶癚阶ョ觅Θ璶躬纘崩︽瞷て毙▅ぃ筁硂阶肈и-
璶结ぉ瞷て毙▅の毙▅タ種竡㎝龟ず甧礛絋ミヘ夹㎝よ癚阶Τ基
毙▅瞒ぃ秨紈醇砰竤き▅А颗祇甶毙▅琌攫""ㄆ穨""ぃ琌""┮毙▅ぃ圾て璶酚臮ぃ畉钵┦璶跌厩担縒疭┦醇瞷琌毙▅场だτ獶场纔钵厩穨Θ罿ぃ莱跌虫發―ヘ夹狦毙▅琌跌醇▅τ淮跌紈砰竤▅碞琌ぃ碞Τア
攫""琌蚌▅胺醚㏕礛璶琌癸ら穝る钵粿锣跑穦厩礚睵礛τさら毙▅Τ⊿Τ厩担矗ㄑㄇネノ醚Τ⊿Τ毙旧-
タ絋癸ネ蝴臔竤痲ぇ緇粄舦チ︑パ猭獀稧间の玂臔吏挂璶猋洁㎝承硑㎝ㄆΘ毙▅单"毙▅"琌璶ㄏ–︗钡筁毙▅侩琌獶到碿拎ㄣタ眏㎝ぃ﹠ぃ几紈┦
鲸恨Τ畉钵戈借ョΤ纔ぇだ崩︽"毙▅"ヘ﹚ぃ∣畓眏硑Θ场だ爹﹚璶癸чア毖场だ碞纔禫Θ篴┮"毙▅"隔莱绰じ祇甶璶莱厩担ぃぃ惠璶皌穦祇甶镣墩砞璸続ちの發揭祘酚臮ぃ┦厩担-
妓镑磖е钡毙▅ㄤい矗蔼砍届の眔秈˙
邻瞷パ穨穦锣戈癟穦跑て蚌▅蔼мの筿福㏕礛璶籔瞷て毙▅璶琵緍犊м莱ノ筿福τぃ琌琵盧借︓跑Θ借ィ刘瞷て毙▅璶ヴ叭ぃ虫發―м秈˙临斗毙旧厩ネ厩策癸㎝狝瞷穦籔ぇ丁波瞒㎝礚薄続莱㎝秸竊мネ跑㎝虫┦
畊ネセ略朝勉辨и-
镑︑糴溜放穢㎝秨吏挂钡瞷て毙▅腀厩担︑反㎝︑炳磀粿ぃ簍
璣某璓勉畊ネ矗翠毙▅穦щ禗羭ㄒτē
щ禗Τい厩щ禗魁い厩ネ硈26璣ゅダゼЧ粄醚
щ禗癘弧у厩ネ暗拜秸琩拜の街琌变撤澈Τ厩ネは拜"琌さㄈ﹋匡"
щ禗ρ馏穦ǎκ厩拨穨ネ弧螟竨叫続
硂ㄇ常ぃ琌杠
и笵碞琌翠斑戈方安и-
ご礛ヴパ毙▅借猠ら耺杠и弧翠⊿Τセ窥藕镀
ㄓ羬翠厩ネ┮癸珼驹琌瓣悔┦らセ瓣玭龙璣瓣猭瓣紈瓣单瓣產ノ蚌緄厩ネ戈方常ゑ翠築磏眔い瓣厩ネ碞琌货い弘璣"翠厩ネ盢ㄓ瓣悔カ初妓ぃ砆ゑ"琌さぱ璶拜肈
и瞏ち戳毙▅参膚〆穦さガΘミ舱翠現獀の竒蕾邻筁祘い翠毙▅穝﹚︗
璶э到翠毙▅借砫弧琌隔憨憨ぃ耞―ㄤ龟Ν翠┎竨叫瓣悔毙▅臮拜刮┮级糶某竒翠毙▅浪癚堡硂ㄇΤ╰参Τ环ǎ某竒菌丁澈跑Θ"暗ㄇぃ暗ㄇ暗场だ暗ぃ场だ"箂琍э
讽瓣悔毙▅臮拜刮у蝶翠毙▅σ刚いみσ刚や皌硂у蝶さら⊿Τ捣睝э到厩ネσ刚τ弄ρ畍σ刚τ毙厩揭祘σ刚τ絪糶現┎绑τぇ弧э到毙▅借璝硈程挡篶┦拜肈秆∕ぃ璶矗ど毙▅借酵︙甧
–い厩ネ常Τ场筿福硂琌碸﹚眃ネ藕镀安璝畍戈徊丁皌甅莱礚场筿福程沧ョ琌场筿福
–禣1,000窾じ眏炊硄杠癡絤絋礛眔古砛Τㄇ厩ネ硈約┎杠ゼ弧眔-
妓快㎡
毙▅琌璶┮и-
璶璸购
毙▅琌壕窰┮и-
璶参膚
毙▅琌膀セ┮и-
璶パ膀娄暗癬
毙▅琌环┮叫さぱ秨﹍
眎▆某璓勉畊ネ瘤礛独窥ㄤ军某弧さぱ琌材Ωミ猭Ы穦某┮虑さΩ臛阶诀穦琵и-
沽刚祇ēи粄さΩ矗癚阶Τ闽毙▅硂阶肈琌獶盽の
翠瞷タ矪筁寸邻闽龄ㄨ瘤礛耕Ν玡碭︗某矗厩担︑炳拜肈牟祇翴и粄и-
莱眖タ㎝縩伐篈ㄓ毙▅硂拜肈
翠穦ㄓ癸毙▅玡春揭祘㎝毙▅借单拜肈常酵阶眔ゑ耕穦ョΤチ毙▅醚и粄瞷タ琌タ跌︙チ毙▅膀娄崩笆毙▅┪嘿"毙▅"ㄓ龟и-
毙▅ず瞇
眎ゅ某ノ"紈醇砰竤"ㄓ磞酶毙▅ず甧┪甧砛иノㄇ泊ㄇи甧砰粂ē獶ㄇ綟跋ミ猭诀闽┮蹦ノ砰粂ēㄓ秆弧"毙▅"斗猔種よи穦眖泊φ惑もきよㄓ弧
"泊"よи粄и-
斗蚌緄и-
厩ネ㎝獵斗泊环跌偿約溜-
莱癸㏄娩跋吏挂チ薄の祇甶だ磝搐翠竒蕾陪礛琌ミìㄈび跋ョ稶ㄓ稶籔い瓣嘲竒蕾ΙΘ癬翠耴い瓣┮и-
獵厩ネ讽礛莱赣璶Τㄣ砰い瓣跌偿礛τ翠ョ琌竒蕾┮埃璶癸い瓣㎝芖Τ粄醚и-
莱赣琵厩ネ癸и-
㏄瞅跋珹らセ玭龙︓狥玭ㄈ菌瞶穦竒蕾㎝現獀常瞏粄醚筁┕翠┮孔瓣悔芠常琌熬璣硂ㄇ跋и粄ささら讽翠邻ㄈび跋祇甶硂絛氓ずи-
莱赣絋ミЧτ獶熬会瓣悔芠
"φ"よи-
莱赣蚌緄厩ネ腀種测钮ㄣΤ闽胔酚臮甧碙ㄤ舦㎝︑パ锰
"惑"よ硂琌跺谋и-
莱赣蚌緄厩ネ癸㏄綝穦㎝竤Τだ庇稰珹癸穦ずㄇぶ计チ壁ぃ┦ぃ┦渡ぃ獺ヵぃ闹矪挂㎝惠―Τだ庇稰ぃ猍跌и-
そチ毙▅莱赣暗硂翴
""よи-
莱赣蚌緄厩ネ粂ゅ硂ぃ虫琌"ēㄢ粂"翠и-
璶来眔璣ゅいゅ約狥杠炊硄杠㎝璣粂穦杠и-
莱厩ネ玦ㄏノ贺粂ゅ粂ゅ癸-
ㄓ弧ぃ莱琌贺溃τ琌贺-
贾ㄏノ肪硄碈ざи笵毙▅参膚〆穦材せ腹厨穦癚阶粂ゅ毙厩拜肈и辨睲贰㎝︙翠辅龟粂ゅ穦ヘ夹
"も"よи-
筁┕厩毙▅常耕猔ㄇ肚参厩┪琌┮孔"セ"醚и-
莱赣琵厩ネ埃厩策セ醚临ㄤよㄇ厩策厩砃獶琌"厩"临珹"砃"и-
莱硓筁揭祘祇甶瘆肚参ヘ独窥ㄤ军某矗筿福ㄤ龟跌钮美砃τ籖列栏粿单常莱砆厩瑈毙▅ずぃ璶ㄏㄇ弄肚参ヘ厩厩ネ砆跌单厩ネи-
莱赣琵и-
揭祘笷璓じてㄏ厩ネ镑祇甶-
醚币祇-
稱
畊ネネ莱赣琌獵厩ネ莱赣眖毙▅い厩策堡ネ厩策妓籔矪Τ穦稰Τ菌稰碙猋洁ネ㏑ち蚌緄縩伐ネ芠稰-
磝搐︑㏑笲
讽и-
酵阶毙▅厩斗癸硂拜肈τи-
俱穦莱霍
畊ネи略朝勉やヰ穦某
MR MARTIN LEE: We fall short of a quorum again.
PRESIDENT: I direct that Members absent be summoned.
8.07 pm
独篿某盽砏Τ砏﹚璶单ヰ穦
PRESIDENT: May I read to Members Standing Order 10(2): "If the attention of the President is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after fifteen minutes have expired he is satisfied that a quorum is not present, he shall adjourn the Council without question put." This could be interpreted to mean that the 15-minute period started from the time when my attention was drawn by Mr LEE to the fact that a quorum was not present.
独篿某瞷畉ぃ15だ牧
NEXT SITTING
PRESIDENT: Members, 15 minutes have elapsed. In accordance with Standing Order 10(2), I now adjourn the Council without question put, until 2.30 pm on Wednesday, 25 October 1995.
Adjourned accordingly at seven minutes past Eight o'clock.
LEGISLATIVE COUNCIL - 18 October 1995
6
ミ猭Ы きるら
LEGISLATIVE COUNCIL - 18 October 1995
5
ミ猭Ы きるら
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