OFFICIAL RECORD OF PROCEEDINGS
ミ猭Ы穦某筁祘タΑ魁
Wednesday, 28 May 1997
きるら琍戳
The Council met at half-past Two o'clock
と230だ穦某秨﹍
MEMBERS PRESENT
畊某
THE PRESIDENT
THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P.
畊独Щ祇某O.B.E., J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P.
腜某C.B.E., J.P.
THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P.
㏄辩睶┥某O.B.E., J.P.
DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D. (CANTAB), J.P.
瓣腳某O.B.E., LL.D. (CANTAB), J.P.
THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P.
ぶ城某O.B.E., J.P.
THE HONOURABLE SZETO WAH
畕地某
THE HONOURABLE LAU WONG-FAT, O.B.E., J.P.
糂祇某O.B.E., J.P.
THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P.
︙┯ぱ某O.B.E., J.P.
THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P.
甃ㄎ瞶某O.B.E., J.P.
THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P.
糂胺祸某O.B.E., J.P.
DR THE HONOURABLE EDWARD LEONG CHE-HUNG, O.B.E., J.P.
辩醇翬某O.B.E., J.P.
THE HONOURABLE ALBERT CHAN WAI-YIP
朝岸穨某
THE HONOURABLE CHEUNG MAN-KWONG
眎ゅ某
THE HONOURABLE CHIM PUI-CHUNG
糕蚌┚某
THE HONOURABLE FREDERICK FUNG KIN-KEE
毒浪膀某
THE HONOURABLE MICHAEL HO MUN-KA
︙庇古某
DR THE HONOURABLE HUANG CHEN-YA, M.B.E.
独綺笽某M.B.E.
THE HONOURABLE EMILY LAU WAI-HING
糂紌某
THE HONOURABLE LEE WING-TAT
ッ笷某
THE HONOURABLE FRED LI WAH-MING
地某
THE HONOURABLE HENRY TANG YING-YEN, J.P.
璣某J.P.
DR THE HONOURABLE SAMUEL WONG PING-WAI, O.B.E., F.Eng., J.P.
独篿某O.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 HOWARD YOUNG, J.P.
法У地某J.P.
THE HONOURABLE ZACHARY WONG WAI-YIN
独岸藉某
THE HONOURABLE CHRISTINE LOH KUNG-WAI
嘲糠某
THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P.
バ玊某O.B.E., J.P.
THE HONOURABLE LEE CHEUK-YAN
某
THE HONOURABLE CHAN KAM-LAM
朝挪狶某
THE HONOURABLE CHAN WING-CHAN
朝篴篱某
THE HONOURABLE CHAN YUEN-HAN
朝胞糭某
THE HONOURABLE ANDREW CHENG KAR-FOO
綠產碔某
THE HONOURABLE PAUL CHENG MING-FUN
綠癡某
THE HONOURABLE CHENG YIU-TONG
綠模磁某
DR THE HONOURABLE ANTHONY CHEUNG BING-LEUNG
眎▆某
THE HONOURABLE CHEUNG HON-CHUNG
眎簙┚某
THE HONOURABLE CHOY KAN-PUI, J.P.
讲蚌某J.P.
THE HONOURABLE 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 BRUCE LIU SING-LEE
郭Θ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
MEMBERS ABSENT
畊某
THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P.
琖皇某Q.C., J.P.
THE HONOURABLE ERIC LI KA-CHEUNG, O.B.E., J.P.
產不某O.B.E., J.P.
THE HONOURABLE JAMES TO KUN-SUN
襖略ビ某
PUBLIC OFFICERS ATTENDING
畊そ戮
THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P.
CHIEF SECRETARY
︽現Ы某ガ現朝よネC.B.E., J.P.
MR RAFAEL HUI SI-YAN, J.P.
FINANCIAL SECRETARY
癩現砛くネJ.P.
THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P.
ATTORNEY GENERAL
︽現Ы某現皑碔到ネC.M.G., J.P.
MR CHAU TAK-HAY, C.B.E., J.P.
SECRETARY FOR BROADCASTING, CULTURE AND SPORT
ゅ眃約冀㏄紈撼ネC.B.E., J.P.
MR GORDON SIU KWING-CHUE, J.P.
SECRETARY FOR TRANSPORT
笲块拷琖ネJ.P.
MR DOMINIC WONG SHING-WAH, O.B.E., J.P.
SECRETARY FOR HOUSING
┬独琍地ネO.B.E., 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 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.
MISS DENISE YUE CHUNG-YEE, J.P.
SECRETARY FOR TRADE AND INDUSTRY
坝玕﹙┥J.P.
THE HONOURABLE LAM WOON-KWONG, J.P.
SECRETARY FOR THE CIVIL SERVICE
そ叭ㄆ叭狶坟ネJ.P.
MR STEPHEN IP SHU-KWAN, J.P.
SECRETARY FOR ECONOMIC SERVICES
竒蕾腑鍬鹖ネJ.P.
MRS STELLA HUNG KOWK WAI-CHING, C.B.E., J.P.
SECRETARY FOR HOME AFFAIRS
現叭ふ尝磃睲J.P.
CLERKS IN ATTENDANCE
畊
MR RICKY FUNG CHOI-CHEUNG, SECRETARY GENERAL
毒更不ネ
MR LAW KAM-SANG, DEPUTY SECRETARY GENERAL
捌霉繟ネネ
MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL
瞶狶綠腳
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.
Child Care Centres (Amendment) Regulation 1997 272/97
Fugitive Offenders (Indonesia) Order 273/97
Fugitive Offenders (Drugs) Order 274/97
Prison (Amendment) Rules 1997 275/97
Plant Varieties Protection Regulation 279/97
Banking Ordinance (Declaration Under Section
2(14)(d)) Notice 280/97
Occupational Safety and Health Ordinance (39 of
1997) (Commencement) Notice 1997 281/97
Enduring Powers of Attorney (Registration) Rules 282/97
Supreme Court Fees (Amendment) Rules 1997 283/97
Rules of the Supreme Court (Amendment) (No. 2)
Rules 1997 284/97
ゅン
ゅン沮穦某盽砏材14兵材(2)蹿砏﹚τタΑ矗ユ
兜ヘ
妮猭ㄒ 猭そ絪腹
1997ギㄠいみ璹砏ㄒ 272/97発デェ﹁ㄈ 273/97発デ媚 274/971997菏夯璹砏玥 275/97从珇贺玂臔砏ㄒ 279/97蝗︽穨兵ㄒ沮材2(14)(d)兵ガ
そ
280/97戮穨の胺眃兵ㄒ1997材39腹1997
ネら戳そ
281/97甭舦爹砏玥 282/971997程蔼猭皘禣ノ璹砏玥 283/971997程蔼猭皘砏玥璹)(材2腹砏玥 284/97
Sessional Papers 1996-97
No. 100 - Report by the Commissioner of Correctional Services on the Administration of the Prisoners' Welfare Fund for the year ended 31 March 1996
No. 101 - Regional Council
Revised Estimates of Expenditure 1996-97
No. 102 - Urban Council
Schedule of revisions to the 1996-97 Estimates approved by the Urban Council during the fourth quarter of the 1996/97 financial year
せ︓穦戳ず矗ユゅン
材100腹 胓毙竝竝碞デ褐膀篒︓
せるらゎ
ず恨瞶薄猵┮矗ユ厨
材101腹 跋办カ現Ы
せ︓璹秨や箇衡亩
材102腹 カ現Ыせ︓癩現
材﹗パカ現Ы硄筁
せ︓癩現箇衡璹亩
ANNOUNCEMENT
ガ
畊セЫ瞷秨﹍さぱ穦某︗某Ω穦某セЫ臛阶畕地某笆某ぇ某セ畊ボ穦さぱ穦某ガ朝岸穨某セЫ祇ēノ"も猭"迭琌続讽セ畊ㄤ陆魁紇盿朝某讽ら絋琌弧のチノ"も猭"矪瞶Τ闽"瓣架ぇ琖"ビ叫耚ぇㄆン瞷簙粂迭ㄥр""迭秆"焕碿"ノ粂琌玍癲┦ぇē迭璝セЫノぇㄓ某笵紈巨莱砆跌ぃ某穦ノ迭
ㄤセ畊籔朝某穦莉朝某坚睲讽獶琌阶のチミ猭Ы某ぇ笵紈巨τ琌矪瞶ビ叫耚"瓣架ぇ琖"も猭セ畊粄钡朝某讽ぇノ迭セ畊ゲ斗眏秸ノ""迭セōΤ玍癲┦ㄏ獶セЫヴ︙某ぇ笵紈巨ョ莱磷セЫㄏノ盢ㄓΤノ""迭玜も琿も猭セ畊穦璶―坚睲獶セЫ某ぇ笵紈巨┮ま癬ぇ粇穦璓簆
︓ノ""迭某セ畊盢跌ぇぃ某穦ノ迭穦㏑Τ闽ぇ某Μ笵簆
ORAL ANSWERS TO QUESTIONS
某借高繷氮滦
Tuberculosis
挡痜
1. ︙庇古某拜碞ら钡硈瞷眖ㄆ狝叭︽穨眞挡痜現┎セЫセ翠眞挡计琌ゑ﹁稼瓣產㎝ㄈ瑆祇笷跋蔼璝礛︙の現┎Τ︙ㄣ砰璸购ㄏセ翠眞挡痜计ヘ︓﹁稼瓣產キ
徖ネ褐氮畊翠瞷挡痜キА祇痜瞯窾だぇκ沮徖ネ舱麓そガ计ㄈ瑆滇猾キА祇痜瞯窾だぇκ瓣窾だぇらセ窾だぇき穝℡窾だぇせ﹁稼よ璣瓣㎝種キА祇痜瞯窾だぇ猭瓣の紈瓣窾だぇき
ゑ耕祇痜瞯и-
ゲ斗痙種厨肚琕痜ぃτ挡痜祇痜瞯穦贺紇臫珹盞ρて祘の﹡︘吏挂单
ㄆ龟翠瞷挡痜祇痜瞯籔せゑ耕眖窾だぇκせ︓窾だぇκ碩禬筁70%戳﹁稼瓣產璣瓣祇痜瞯ョ眖窾だぇ︓窾だぇ碩70%
現┎穦膥尿眖箇ň獀励のそ渤毙▅よ蹦╰惫琁癸к挡痜
箇ňよ瞷畉ぃ┮Τネ捆ㄠ常莉钡贺ざ璢厩顶琿莉穝钡贺祇瞷徖ネ竝穦材丁蛤秈ㄏ痜眞のΝ钡獀励蠢êㄇ蛤痜眞Τ候盞钡牟秈︽浪琩ňゎ痚痜蒋┑
獀励よ徖ネ竝Τ17丁禣禘┮痜狝叭洛皘恨瞶Ы烈洛皘ョ砞Τ5盡虫︗耕腨挡痜痜矗ㄑ︘皘獀励︑癬и-
瞯秈︽"菏服獀励"パ洛臔菏服痜狝ノ励祘痜眞Νら铂隆硂贺獀励よ猭莉眔徖ネ舱麓絋粄㎝崩滤
現┎穦膥尿縩伐眏挡痜そ渤毙▅籔盡穨刮砰庢快甶凝量畒の贺笆崩約ň厉醚カチざ残狝叭躬纘Τ痜紉カチのΝ钡浪琩讽礛и-
ョ穦膥尿崩約胺眃ネ家Α躬纘カチ璶ΤА颗都ìヰの続秖笲笆硂ㄇ常眏ō砰癸痚痜╄к
и-
穦璾縩伐崩︽瓃惫琁癸к挡痜荷搭セ翠挡痜р祇痜瞯︓﹁稼の瓣秈瓣產キ
︙庇古某拜畊眖徖ネ褐氮滦и-
セ翠挡祇痜瞯耕﹁稼蔼и借高琌拜Τ︙ㄣ砰璸购盢セ翠挡痜痜ㄒ︓﹁稼キ現┎氮滦矗瞷タ蹦惫琁狦и-
瞷蹦惫琁祇痜瞯临琌耕瓣產蔼杠現┎セЫ临蹦或ㄣ砰惫琁挡祇痜瞯
徖ネ褐氮畊и-
瞷┮蹦箇ň惫琁の獀励よ猭常琌徖ネ舱麓㎝ㄤ秈瓣產┮蹦暗猭琌砆絋粄程暗猭и-
讽礛硂よ暗眔и-
よ皐疭琌"菏服獀励"琌翠耕秈暗猭パ竒秨﹍崩︽產﹚璶フ祇痜瞯琌﹚穦Τ⊿Τ︓箂ぃ筁и-
フごΤひ璶暗τи-
祇痜瞯絋蔼﹁稼瓣產硂琌и-
翠吏挂┮硑Θㄒ蔼盞㎝ρて常琌ㄤいㄇ
畊︙庇古某氮滦琌ゼЧ氮借高
︙庇古某拜畊徖ネ褐ゼ氮и借高и借高琌临蹦或惫琁眏硂よ徖ネ褐氮弧ごΤひ璶暗τиタ琌拜êㄇ琌或ひ
徖ネ褐氮и-
惠璶眏琌ㄒи-
┕ゑ耕ぶ闽猔崩約胺眃ネ家Α眏セ翠癸痚痜╄ки-
ら穦眏硂よ程璶琌セ翠セōΤì╄к
畊﹟Τ5︗某ゴ衡矗干借高セ畊盢
法У地某拜畊徖ネ褐まノ徖ネ舱麓㎝ㄇ綟の秈瓣產计沮籔翠ゑ耕и獺硂妓癸翠璹現郸の秸挤戈方穦Τ矪叫拜徖ネ褐セЫ硂ㄇ舦计籔翠薄猵ゑ耕琌翠現┎ず场竒盽临琌琌ミ猭Ы某矗借高Τ硂ㄇ戈狦琌竒盽Τ硂杠叫拜癸ㄤㄇ耕盽ǎ璶痚痜琌Τ妓诀ゑ耕
徖ネ褐氮畊闽祇痜瞯㎝徖ネ夹и-
穦蹦ノ籔ㄤ瓣產ゑ耕计ぃ筁и璶氮滦睲贰矗и-
ぃ莱虫綼硂贺ゑ耕–よビ厨穦Τぃ產ゲ斗フ翠ビ厨耕场だ戈常琌眖そ犁诀篶矪眔ㄓи-
穦ノㄤよ猭蛤秈徖ネ夹τぃ虫ゎ綼籔ㄤ瓣產ゑ耕
独綺笽某拜畊現┎セЫΤ睲贰だ猂ㄓ挡痜Τ或繧ㄒ琌ρ穝簿チ┪êㄇ﹡︘吏挂疭畉犁緄疭畉縒ō耕眔痜狦Τ硂ㄇ计杠叫拜セЫи-
笵現┎蹦ㄇ耕非絋㎝皐癸┦箇ň惫琁
徖ネ褐氮眖и-
魁眔65烦祇痜瞯ゑㄒだ蔼τ19烦祇痜瞯玥砛и產矗ㄑㄇ计把σ65烦祇痜瞯Θτ19烦玥阀琌5%и-
⊿Τ靡沮陪ボ穝簿チ耕セ﹡チΤ蔼繧祇痜瞯
辩醇翬某拜畊眖徖ネ褐氮滦и-
せ祇痜瞯琌10窾いΤ360τ瞷玥琌10窾いΤ100硂琌籔37玡计ゑ耕叫拜現┎Τ程计ゑ耕计㎡传杠弧и-
程计挡颠镣墩琌糤临琌搭ぶы┪琌キ铆狦琌キ铆杠и-
眔ㄇ秈甶狦琌糤杠現┎琌磝搐糤
徖ネ褐氮程硂–Τ6 300︓6 500﹙⊿Τ疭糤┪搭ぶㄤい琌и-
挡篶癬跑て硂10硋亥ρてτρ祇痜瞯计
谅ッ闹某拜畊徖ネ褐矗箇ňよ畉ぃ┮Τネ捆ㄠ常莉钡贺ざ璢"畉ぃ"ぃ琌100%沮и┮瞷現┎ヘ夹琌98%︓99%叫拜︙穦秸挤戈方100%翠ネ捆ㄠ常莉钡贺ざ璢叫拜穦或疭よΑ穝簿チ莉钡贺ざ璢
徖ネ褐氮畊и-
璸购琌︑腀┦借τぃ琌眏┦借и-
眔ダ克や㎝ダ捆胺眃皘よ竒Τ90%捆ㄠ莉猔甮瞷薄猵ぃ琌и-
戈方ぃìи-
戈方ㄆ龟獶盽ì镑ヴ︙捆ㄠ常ダ捆胺眃皘钡猔甮︓厩よи-
Τ徖ネ竝ㄆ丁厩矗眶產狦-
ゼ钡猔甮盿-
ダ捆胺眃皘钡猔甮癸穝簿チи-
穦硓筁钡牟厩㎝狝叭穝簿チ诀篶矗眶-
狦Τ惠璶杠钡猔甮ㄆ龟ぃ虫ゎ琌箇ň挡ㄤ龟-
ダ捆胺眃皘钡ㄤ猔甮硂よи-
眔は莱讽骸種
霉璓某拜畊徖ネ褐矗ρて拜肈氮独綺笽某借高矗祇痜Τ30%琌ρ琂礛场だ捆ㄠ常莉钡贺ざ璢現┎Τㄣ砰よ猭搭ρ眞痜诀穦–Τせ祇痜ㄤいΤκи獺硂计龟獶盽ぃ骸種
徖ネ褐氮畊砛и弧眔ぃび睲贰ぃ琌–眞常穦и矗琌祇痜计ぃ琌瞷翠洛励キ讽秈˙ㄏ祇痜瞯砛и-
临癘"竑粂摧"ス琕厉碞穦ㄆ龟翠洛励㎝媚秈獀励硂贺痚痜诀穦65烦祇痜瞯絋蔼ㄆ龟75烦祇痜瞯临蔼
霉璓某拜畊и借高琌拜Τ︙ㄣ砰よ猭搭ρ琕硂痜τ诀穦и矗参璸计翠–Τκ挡痜琌現┎参璸矪矗ㄑ戈
徖ネ褐氮畊狦カチ琕硂痜﹚璶荷е禘┮钡獀励狦薄猵腨洛皘钡秈˙洛獀ρ琕硂痜妓莉眔獀励程璶琌-
璶酚洛臔旧獀瞶-
ō砰硂琌暗眔
Prosecutions against Smokers in No Smoking Areas
浪北﹚窽ゎ废跋ず废
2. ヴ到圭某拜瞷Τ闽猭ㄒ﹚琘ㄇ跋办摸窽ゎ废跋癸笻は砏﹚﹚籃玥現┎セЫ
(a) 筁3Τぶ﹚窽ゎ废跋ず废τ綝浪北讽いΤぶ砆籃程蔼籃蹿肂5,000じ
(b) ヘ玡現┎场璽砫浪北笻ㄒ废赣场琌Τ盡砫璽砫浪北
(c) ﹚窽ゎ废跋恨瞶璝⊿Τ磅︽窽废砏ㄒ琌穦璽ㄆ砫ヴの
(d) カチΤ︙硚畖庢厨废﹚窽ゎ废跋ず废
徖ネ褐氮畊翠猭ㄒ┮﹚窽ゎ废跋瞷珹そユ硄ㄣ筿紇皘粿皘贾芔笴栏诀いみのそど诀单窽ゎ废跋废τ綝浪北计Τ2 648きΤ1 809せΤ1 784参璸戈瓃计ぃ珹臟隔約臟隔㎝淮獽臟隔嘲ユ硄ㄣ笻ㄒ废浪北籃蹿よ沮и-
┮礚纯砆程蔼5,000じ籃蹿肂
窽ゎ废跋磅猭璶パ硂ㄇ初┮恨瞶璽砫磅︽兵ㄒ甭舦硂ㄇ恨瞶ゎ-
硂ㄇ初┮废狦笻ㄒ┶荡氨ゎ废恨瞶Τ舦璶―赣单矗ㄑ﹎㎝ボōだ靡ゅン獽盢戈ユパΤ闽現┎场矪瞶Τ惠璶璶―牡よ
ㄢカ現羆竝浪北舱璽砫浪北筿紇皘粿皘㎝贾芔笻ㄒ废ㄆ矪浪北舱璽砫浪北寸近废Τ闽臟隔約臟隔㎝淮獽臟隔废浪北玥パ硂ㄇそ璽砫逼ㄤ緇パ牡よ璽砫
猭ㄒ盢窽ゎ废跋废﹚笻ㄒㄆ兜甭舦赣单初┮恨瞶磅︽猭ㄒΤ闽恨瞶ぃ穦ぃ磅猭τ璽ㄆ砫ヴ
狦そ渤祇瞷Τ猭﹚窽ゎ废跋废-
初┮恨瞶щ禗パ恨瞶蹦︽笆讽礛硂ㄇщ禗ゲ斗矗玥恨瞶獽⊿Τ靡沮ì蹦ヴ︙︽笆カチ矗眶废赣单初┮窽ゎ废狦硂ㄇ初┮ずぃΤ笻ㄒ薄猵カチョ盢キら芠诡┮眔初┮恨瞶玃ㄏ恨瞶猔種磅猭
そ渤初┮眔砞ミ猭﹚窽ゎ废跋и-
ミ猭Ы矗ユ1997废そ渤徖ネ璹材2腹兵ㄒ某甭舦ぉ竩蝗︽禬カ初の坝初恨瞶琵-
-
恨烈初┮ず砞ミ猭﹚窽ゎ废跋玂毁獶废"も废"紇臫磅猭盢パ硂ㄇ初┮恨瞶璽砫パ琌-
︑腀砞ミ猭﹚獶废跋獺-
﹚穦蹦縩伐篈磅猭
ヴ到圭某拜畊璶氮滦材き琿矗Τ闽初┮恨瞶礚斗璽砫ヴカチ埃盢笻ㄒ薄猵氮滦┮弧初┮恨瞶临現┎场庢厨笻ㄒ薄猵
徖ネ褐氮и璶氮滦矗狦カチ笿硂贺薄猵惠璶щ禗杠-
莱赣初┮恨瞶щ禗
ヴ到圭某拜癸ぃ癬и拜タ琌狦盢笻ㄒ薄猵初┮恨瞶パ-
ぃノ璽砫ヴτ⊿Τ蹦ヴ︙Τ惫琁カチ临現┎场庢厨
徖ネ褐氮и-
穦ぃΜカチ┪诀篶ㄓ獺щ禗琘ㄇ薄猵и舧-
糶獺倒и琵и蛤秈
辩醇翬某拜畊眖現┎璶氮滦浪北獶废跋废琌àτ籃蹿よ⊿Τ笻ㄒ砆籃程蔼5,000じ籃蹿肂┮ぃ癬ヴ︙纞ノ讽礛現┎ボΤ穝兵ㄒ某糤獶废跋硂ぃΤ磅猭叫拜現┎Τ︙よ猭痷タ癬纞ノ废ぃ獶废跋ず废
徖ネ褐氮畊浪北笻ㄒ琌и-
磅猭ㄤいよ猭и-
谋眔Τ环よ猭琌そ渤毙▅и-
程计竒Μ﹚狦诀篶常琌︑腀︑笆猭Τ竒筁繷腢抠氨ゎ废ぃ﹚惠璶浪北ゎ废紇臫ㄤぃ废
讲蚌某拜畊現┎и-
ヘ玡璽砫浪北Τぶ絪のだガ薄猵︙
徖ネ褐氮璽砫磅︽猭ㄒの浪北だガ現┎场㎝诀篶Τ闽浪北舱璽砫ㄤ┮ぃ睲贰だ秨パㄇ璽砫Τ闽废そ渤徖ネ兵ㄒ浪北ㄆ矪Τセō浪北舱臟そ淮臟その約臟隔Τセō浪北舱ㄢカ現Ы妓Τセō浪北舱┮ぃだ秨计弧ㄇ璽砫赣兵ㄒ浪北
Litigation Proceedings Arising from Localization Policy
そ叭セて現郸ま癬猭禗砠
3. MRS ELIZABETH WONG asked: Mr President, the Hong Kong Government's localization policy has given rise to legal disputes between the Government and the Association of Expatriate Civil Servants (AECS) of Hong Kong. The result of the proceedings in both the High Court and the Court of Appeal was that many fundamental aspects of the localization policy as applied to overseas officers and former overseas officers who are permanent residents of Hong Kong were held to be unlawful. Will the Government inform this Council:
(a) what proposals, if any, are being discussed with the AECS to obviate the possibility of further litigation proceedings; and
(b) if there are such proposals, whether the proposals are aimed at full compliance with the declarations made by the High Court and the Court of Appeal; if not, why not?
SECRETARY FOR THE CIVIL SERVICE: Mr President, let me clarify from the outset that the Courts have not overturned the fundamentals of our localization policy. As the Court of Appeal has stated in its judgement, and I quote, "there is no suggestion that localization is in itself unlawful".
The judgement by the High Court and the Court of Appeal on the judicial review sought by the Association of Expatriate Civil Servants (AECS) is directed primarily at certain arrangements, introduced since July 1993, for overseas agreement officers who are permanent residents of Hong Kong to transfer to local agreement terms, and the restriction on these officers to apply for transfer to local permanent and pensionable terms.
The Administration will give effect to the Courts' judgement. In this connection, we have put forward a package of proposals to the Staff Side of the Senior Civil Service Council in February 1997. The Panel on Public Service of this Council have been briefed on the details of these proposals. To highlight, we have offered to redress the tangible loss of demoted officers by re-imbursing them the salaries and increments to which they would have been entitled had they not been demoted. We have proposed to remove two restrictions: the promotion restriction on overseas agreement officers who have transferred to local agreement terms; and the restriction on those who have transferred to local agreement terms to further apply for transfer to local permanent and pensionable terms. We have also proposed criteria for officers serving on local agreement terms to transfer to permanent and pensionable terms.
Let me stress again that these proposals are meant to give effect to the Courts' judgement, in a manner that is reasonable, practical to implement, and realistic in resource requirements.
I should also add that these proposals concern both former overseas agreement officers who have transferred to local agreement terms and serving local agreement officers. We are therefore discussing these proposals with the Staff Side of the Senior Civil Service Council of which the AECS is a constituent member. The discussion is continuing and we hope to have the Staff Side support for these proposals so that they can be implemented as soon as possible.
Thank you.
MRS ELIZABETH WONG: Mr President, I do not really understand the Secretary's reply, in particular the second last paragraph. So, may I ask the Secretary to clarify his second last paragraph in which he says "Let me stress again
that these proposals are meant to give effect to the Courts' judgment in a manner that is reasonable, practical to implement, and realistic in resource terms."
So, my question is whether the Secretary considers that the implementation of the law is negotiable, subject to the practicalities of the day and the resources of the time; if so, whether he considers that this is a dangerous precedent which undermines the rule of law? Because the issue here is not a question of ......
畊独窥ㄤ军某叫矗借高
MRS ELIZABETH WONG: Does he consider that the practical side of implementation undermines the legality itself?
SECRETARY FOR THE CIVIL SERVICE: Mr President, the meaning, I think, in my second last paragraph of my answer is self-explanatory. We of course have to implement the judgment of the Courts, but there are interpretations of that judgment which in our view are not totally reasonable, and that is why we have put in the sentence as it stands.
MRS ELIZABETH WONG: The question I did ask was whether these proposals are aimed at full compliance with the declarations made by the High Court and the Court of Appeal, and I do not think the Secretary has answered that. Mr President, my follow-up is, has the Secretary experienced any difficulty in his discussions with the Staff Side; if so, what are the difficulties and how does he propose to overcome them, to obviate the necessity of further being taken to court?
SECRETARY FOR THE CIVIL SERVICE: Mr President, we are still in discussion with the Staff Side so I do not want to pre-judge the outcome of that. Suffice it for me to say that at this stage we are still trying, trying very hard, to come to an agreement with the Staff Side on the package to implement the Court of Appeal's judgment. I think we have, on numerous occasions or through discussions, narrowed the gap somewhat and we are still working towards a solution that is agreeable to all.
MRS ELIZABETH WONG: Can the Secretary advise this Council whether he has considered the possibility of the use of an independent arbitration or enquiry a proposal of part of the mechanism suggested in 1968 which would expedite the solution to the problem and enable an early agreement to be reached? And if not, why not?
SECRETARY FOR THE CIVIL SERVICE: Mr President, we have not considered such a need because we do not think there is such a need.
Rehousing Urban Squatters
竚カ跋糳﹡チ
4. MR DAVID CHU asked: Mr President, Governor pledged in 1992 to rehouse all urban squatters on government land by 1996. As there are still urban squatters around and in view of the outbreak of fire in a squatter area in Diamond Hill last month, will the Government inform this Council of:
(a) the reasons for the authorities concerned not being able to rehouse all the urban squatters on government land by the above target date;
(b) the date at which the remaining urban squatters on government land and private land are expected to be rehoused; and
(c) the measures which will be taken by the authorities concerned to safeguard the safety of urban squatters before they are rehoused?
Thank you.
SECRETARY FOR HOUSING: Mr President, the Government's pledge to offer rehousing to all urban squatters residing on government land by March 1996 was successfully completed on time. Over 33 000 squatters have been offered rehousing, and over 32 000 of these have already been rehoused.
As regards part (b) of the question, we will continue to encourage eligible urban squatters residing on government land to accept our rehousing offers. For squatters residing on urban mixed lots, such as those in the Diamond Hill squatter area, the Government's pledge did not cover them. Under existing policy, they will not be evacuated and the land resumed unless there is a specific public requirement for the land involved, such as development for a public purpose, or unless the land is susceptible to geotechnical risk. In other words, the Government does not have a plan at present to clear the squatters on these mixed lots.
I would like to point out that we have proposed in the Long Term Housing Strategy Review Consultative Document that the Housing Authority should consider the feasibility of clearing all squatters on urban mixed lots, having regard to the availability of rehousing resources. This proposal, together with others in the Consultative Document, is now the subject of public consultation until the end of this month.
As regards part (c) of the question, the Housing Department has installed facilities in all urban squatter areas for fire fighting purposes, including fire hydrants and fire breaks. The Department will continue to remind squatters to take fire prevention measures through the distribution of pamphlets, and meetings with residents and local organizations.
郭Θ某拜畊沮秆砏购竝Τ盡砫舱タ╯郸购祇甶硂ㄇ睼琿堡╯︓さごゼ辅龟ヴ︙祇甶璸购琌临ゼ﹚そ渤ノ硚┮瞷﹟ゼ睲╊硂ㄇ睼琿糳ㄏ翠硂瓣悔常穦さぱカ跋カいみ琿ご礛硂摸糳現┎そ秨┯空盢カ跋糳睼琿拜肈纔矪瞶Ω荷е∕﹚㎝辅龟祇甶璸购琿瞶丁ずㄒ3︓5ず荷е场睲╊カ跋睼琿糳磷5硂ㄇカ跋糳ご礛倒疭匡ミ禜┰布克チㄣ
┬氮畊タи秨﹍矗讽Ы矗环┬郸菠蝶某吭高ゅンи-
浪癚筁祘い竒σ納筁琌惠璶睲╊硂ㄇ睼糳и-
絋纯矗某叫┬〆穦σ納ㄤ龟и-
矗硂兜吭高某讽礛и-
Τ秈︽硂兜種腀瞷顶琿и-
ぃ┯空礛τи瞏獺吭高戳Ч挡竒筁┬〆穦╯戈方拜肈ぇи獺и-
矗︽璸购
讲蚌某拜畊闽﹟睲╊糳跋現┎琌﹚ㄣ砰睲╊丁璝Τ杠冈薄琌妓
┬氮畊闽カ跋睼琿糳и秆睦筁︓翠ㄤ跋糳ㄒ穝糳現┎ごゼΤ疭璸购盢ㄓ璶睲╊杠玥璶Τ惠璶﹚ノ硚┪祇甶璸购┪Τ拜肈┮紇臫Τ睲╊璸购ぃ礛杠獽ぃ穦秈︽睲╊
畊セ畊獺借高琌拜現┎カ跋糳Τ睲╊璸购
┬氮畊闽現┎カ跋糳ㄤ龟и璶氮滦い氮現┎竒┯空戳糹︽┯空璶氮滦材琿и-
竒33 000硂ㄇ糳﹡チ矗皌某ㄤい32 000竒钡緇1 000ぃ腀種穐綞┮⊿Τ穐瞒糳谅谅畊
毒浪膀某拜畊и稱發拜ê兜借高沮現┎┯空琌せる玡睲╊┮Τ現┎カ跋糳ミ猭Ы┬ㄆ叭〆穦㎝┬臛阶筁рる┏玡睲╊эせる┏筀ゎ睲╊瞷э琌カチ矗皌ㄤ龟琌泊ぃ耞跑э沮程┯空琌ゲ斗рウ-
睲╊ㄏ逞1 000オ莱赣睲╊╯澈︙穦ЧΘ睲╊現┎┮Τ糳ㄏ逞眔睲╊︙秈︽睲╊临琌ぃ睲╊㎡
┬氮畊現┎┯空琌讽糳﹡チ矗ㄑそ犁┬竚-
ヘ玡現┎セ竒糹︽ぃ筁Τ场だ计﹡チぃ钡現┎某и癸產弧セЫ某Τ矗某ぃ莱眏-
瞒秨硂よ現┎⊿Τㄏノ猌綞﹡チぃ钡現┎┬絪皌硂贺薄猵и粄現┎稰礚ー︙谅谅畊
ッ笷某拜畊睲╊カ跋糳よ睲╊糳跋沮и秆–璶睲╊カ跋糳跋常Τぃ祘╬–睲╊跋Τ"睼"硂拜肈и稱拜┬或ㄤ睲╊跋ㄏ﹛╬睼场睲╊τ苝ホê讽礛╬ゑ耕讽Ы膀或玥ㄓ弧苝ホぃ珹┯空и借高琌筁┕ぃ耞秈︽睲╊糳跋ず琌Τ╬珹ず
┬氮畊и┮現┎睲╊現┎糳ぃ珹硂贺╬糳
ッ笷某拜畊┬倒ぉи-
戈竒ЧΘ睲╊カ跋糳跋琌絋龟⊿Τ珹ヴ︙╬沮и眖┬ㄆ叭〆穦┮眔戈и秆Τ场だ糳跋琌珹╬
┬氮畊и氮滦ン
Life Span of Public Rental Housing Flats
そ虫︗加闹
5. 毒浪膀某拜現┎琌眡
(a) 筁5–┮╊そ虫︗计ヘ︙
(b) 筁5–セ翠そ虫︗瞓糤秖穝そ虫︗计ヘ搭╊そ虫︗计ヘ︙の
(c) 筁5睲╊そ虫︗程程祏のキА加闹︙
┬氮畊筁5–睲╊㎝穝辅Θ︘そ虫︗计ヘ硈莱瞓糤计ヘ更ン
︓借高(c)场だ筁5┮睲╊︘そ虫︗い程加闹琌39程祏加闹玥琌19キА加闹琌28
ン
睲╊㎝穝︘そ虫︗计ヘ
(a)
睲╊虫︗计ヘ(b)
Θ虫︗计ヘ(b)-(a)
瞓糤计ヘ︓21 59922 8521 253︓17 09920 2743 175︓き7 43424 44017 006き︓せ16 41814 828(1 590)せ︓14 53515 9171 382
() ボ搭ぶ计ヘ
毒浪膀某拜畊沮穨ず︳璸加加闹硄盽40琌筁5и-
┮╊┬キА加闹玱琌28叫拜┬妓玂靡┬〆穦┮砍加發カ初加加闹40
┬氮畊и粄Τ闽加闹よぃ琌虏虫加︙╊獽加琌瑻ノ翠カ跋加常穝ご穦砆╊┬〆穦㎝┬穦睲╊︘そ程璶σ納琌硂ㄇ加虫︗セō琌Τ縒ミ砞称Ν戳砍ㄇ加絋⊿Τ縒ミ砞称ㄒ瑍も丁ぃ琌砞虫︗ぇず璸购秈︽硂ㄇ加穦莉眔纔矪瞶ㄇ加穦瞷ㄤ拜肈┪瑂硈糽惠璶╊┮獽抖盿癬╊ㄓ加加闹耕祏獽砆╊ぃ借ぃ
毒浪膀某拜畊┬⊿Τ氮и借高и拜┬︙カチ玂靡ら┬〆穦砍加加闹蝴40硂琌カ初加加闹氮⊿Τ矗の硂よ拜肈
┬氮畊Τ闽加闹よ┬〆穦┮砍加加闹ㄤ龟竒弧讽沮и┮加闹笷50⊿Τ拜肈筁┕┮加琌и┮弧瞶パ穦砆矗Ν╊
ッ笷某拜畊眖ン戈ǎそ虫︗瞓糤ㄤ龟き︓せ俱砰︘虫︗计ヘ瞷璽糤ぃ⊿Τ糤は搭ぶ15%沮и璸衡筁┕5そ︘虫︗瞓糤–Τ4 500叫拜┬瞓糤计ヘ硂妓ぶΤ獺み箂箂龟瞷狝叭┯空ㄏêㄇ近﹡チキА5ず莉皌そ︘虫︗
┬氮畊瘤礛硂兜借高籔璶借高⊿Τ闽玒и稱某и-
ぃ莱瞓糤计ヘ瞷Τそ犁︘┬いΤ虫︗絪皌ㄒㄇそめ潦禦﹡┪╬加┪ㄤ瞶パτ綞-
虫︗硂ㄇ乃虫︗陆穝穦絪皌倒ㄤΤ戈﹡チ︘竚Τ惠璶カチ加虫︗计秖讽ㄓ弧–キА程ぶΤ18 000虫︗ゼㄓ计┮砍加虫︗计秖穦硋˙糤┮現┎Τ獺み箂箂穦Τì镑虫︗だ皌倒カチ
毒浪膀某拜畊┕5Θ虫︗计ヘ籔睲╊虫︗计ヘ畉ぃ环ッ笷某畉肂キА4 000叫拜現┎Τ浪癚︙筁┕5秖ê或┪︙籔睲╊计ヘ畉ぃ环Τ杠︙
┬氮畊璶琌戳現┎挤倒┬〆穦计秖耕ぶ┮筁㎝ゼㄓㄢ辅Θ虫︗计ヘ穦耕ぶ琌繦程计現┎挤倒┬〆穦糤┮繦计加縱秖﹚穦莱糤
WRITTEN ANSWERS TO QUESTIONS
某借高氮滦
Floating Class System
疊笆痁
6. 霉不瓣某拜挪瞷Τㄇい厩ご蹦ノ疊笆痁現┎セЫ
(a) 瞷Τぶい厩ご蹦ノ疊笆痁の
(b) 現┎Τ璸购疊笆痁璝Τ冈薄︙(珹︳璸璶糤ぶ┮穝の︳璸疉のぶそ┊)
毙▅参膚氮畊
(a) 瞷セ翠Τ316丁現┎の戈い厩ご斗秨快疊笆痁
(b) 現┎現郸琌い︓いき疊笆痁箇璸箂箂箂ЧΘ現┎惠璶糤7丁い厩縱禣钡4.4货じ硓筁"厩э到璸购"Τ惠璶い厩糤200丁揭縱禣钡2.3货じい︓いき疊笆痁現┎獽穦浪癚いせのい薄猵
Fixed Telecommunication Network Service Operators
㏕﹚筿癟呼蹈狝叭坝
7. 糂胺祸某拜現┎き祇㏕﹚筿癟呼蹈狝叭礟酚虑ま膙碞現┎セЫ
(a) 3丁穝㏕﹚筿癟呼蹈坝莉祇礟︓さ琌Ч才筿癟兵ㄒい┮祇礟兵ン璝Τㄇ兵ンごゼ才
(b) Τ闽讽Ы︙菏恨赣3丁㏕﹚筿癟呼蹈坝絋玂ㄤ宽Τ闽祇礟兵ンの
(c) 赣3丁㏕﹚筿癟呼蹈坝籔Τ闽讽Ы坝癚祇礟兵ン纯┯空癸砍ユ传诀加のㄤ膀娄砞琁щ戈瞷赣单砞琁砞秈︙
竒蕾氮畊3丁穝セ㏕﹚筿癟呼蹈坝Ч才Τ闽祇礟兵ン
筿癟恨瞶Ы"赣Ы"璽砫菏恨㏕﹚筿癟呼蹈坝Τ宽祇礟兵ンΤ惠璶赣ЫΤ舦ざ秸氨㏕﹚筿癟呼蹈坝ぇ丁羛呼╰参ノ砞琁の籔宽祇礟兵ンΤ闽ㄤㄆ﹜τ玻ネ某ノめ┪㏕﹚筿癟呼蹈坝矗闽ゼ宽祇礟兵ンヴ︙щ禗赣Ы常穦縩伐矪瞶蹦┮惠︽笆3丁㏕﹚筿癟呼蹈坝А赣ЫΤ糹玂靡㏕﹚呼蹈坝ゼ宽ㄣ砰祇礟兵ンΤ闽蹿肂ぉ⊿Μ
沮┮祇礟酚砏﹚赣3丁㏕﹚筿癟呼蹈坝斗礟酚ら戳ЧΘ﹚щ戈兜ヘ硂ㄇ兜ヘ珹–礟斗猔5货じ戈礟そせ┏斗ЧΘ﹚щ戈兜ヘ珹ЧΘ寂砞翠畄の纒畄胖い枷呼蹈ミ┮惠筿杠诀加の﹚计ヘヘ加矗ㄑ狝叭赣Ы靡龟赣3丁㏕﹚筿癟呼蹈坝蛾骸戳ЧΘせ┏兜ヘ
ゼㄓ1-
斗ЧΘ闽р呼蹈耎甶︓坝穨㎝︘ノめ兜ヘЧΘ硂ㄇ兜ヘ穝呼蹈坝瞷タ臟隔繥笵寂砞肂胖筿苐-
ョ翠筿杠Τそ"翠筿杠そ"筿杠诀加杆竚砞称硈钡翠筿杠そ跋┦癹隔︓穝加穝㏕﹚筿癟呼蹈坝の翠筿杠そ瞷籔祇甶坝が秸獽矗ㄑ加筿杠稦帹
Local Software Development Technology
セ翠硁ン祇甶м砃
8. バ玊某拜翠ネ玻玃秈Ы戳兜秸琩陪ボセ翠︽穨癸莱ノ硁ン惠―ぃ耞糤┮惠硁ンョら镣狡馒碞現┎セЫ
(a) 筁3翠ネ玻玃秈ЫΤ硁ン秨祇м砃锣簿м砃や穿㎝м砃蚌癡よ癸︽穨矗ㄑ璝Τ冈薄︙の
(b) 环τē翠ネ玻玃秈ЫΤ︙璸购絋玂セ翠硁ン祇甶м砃籔セ翠︽穨㎝禩祇甶が皌
坝氮畊筁3翠ネ玻玃秈Ы硁ン秨祇の崩約莱ノ硁ンよ戈禬筁5,700窾じ珹秨や璶琌硁ン秨祇м砃锣簿м砃や穿㎝м砃蚌癡絛氓セ翠秈︽穨矗ㄑ冈薄
(a) 硁ン秨祇 眏Θ︾坝の秈そ┮ㄏノΘ︾恨瞶戈癟╰参(GM-SYS)翠砯珇絪絏穦ま秈硄坝筿计沮羛硄"筿羛硄"狝叭秨祇Θセ硁ン(TRENDS)の秈︽穨め疭籹硁ン
(b) м砃锣簿 籔翠砯珇絪絏穦癡絤硁ン祇扳坝蹦ノ硄︽筿羛硄夹非の琁︽ノ筿羛硄硁ン硁ン秨祇坝矗ㄑ才筿羛硄夹非硁ン珇借玂靡狝叭
(c) м砃や穿 籔翠砯珇絪絏穦のCargoNet崩約筿禩矗蔼秈禩瞯Θミ硁ン穨戈癟いみ赣いみЧΘ兜Τ闽秈︽穨秸琩硁ン╯籔い地紅坝羛穦い穨庢快Τ闽ㄏノが羛呼癡絤揭祘の癚穦ㄤい场だい穨琌竒犁秈穨叭祇甶い穨戈癟呼蹈浪㎝崩約戈癟
(d) 蚌癡 籔禩硄蚌癡κㄓ︑300丁そ戮ㄏノ筿羛硄м秈︽禩厨闽のビ叫麓珇靡籔璶戈癟мㄑ莱坝快禬筁100蔼戈癟м蚌癡揭祘
絋玂翠硁ン秨祇м环ㄓ弧ちセ翠禩㎝秈︽穨ぃ耞锣跑惠璶ネ玻玃秈Ы﹚瓃郸菠
(a) 秈˙眏硁ン穨戈癟いみ矗ㄑ狝叭や穿硁ン秨祇坝のэ到籔秈︽穨舱麓羛么
(b) 躬纘рが羛呼筿羛硄窾蝴呼ㄖ羛呼(Extranet)ㄑ狝叭穨疭琌秈︽穨ㄏノ
(c) い秈そ籹恨瞶戈癟甅杆硁ン
(d) ╯砞ミ夹非禩狝叭ざ残程穝戈癟м
(e) 籹矗蔼硁ン借穝祘Αの
(f) 膥尿崩約程穝戈癟м㎝玻珇矗ㄑΤ闽瞷Τ戈癟м瞏硑癡絤揭祘
Central-Wan Chai Bypass and Island Eastern Corridor Link Consultancy Study
い跋︓芖露笵の狥跋ǐ碮硈钡隔╯
9. DR SAMUEL WONG asked: In order to ease the heavy road traffic between Hong Kong Island West and Hong Kong Island East, funds were allocated two years ago for the commissioning of the Central-Wan Chai Bypass and Island Eastern Corridor Link Consultancy Study. In this connection, will the Government inform this Council:
(a) of the latest progress of the above study; and
(b) whether the Government will proceed with the Central-Wan Chai Bypass and Island Eastern Corridor Link project; if so, when the Government will start reclamation work between Star Ferry Pier and Hing Fat Street to facilitate the construction of the Bypass?
SECRETARY FOR TRANSPORT: Mr President,
(a) Following allocation of funds by the Finance Committee of the Legislative Council, we embarked on the Consultancy Study for the Central-Wan Chai Bypass and Island Eastern Corridor Link in March 1995. The scope of the study involved:
(a) detailed investigation and design of the proposed trunk road; and
(b) associated site investigations.
The consultants commissioned to undertake this study have substantially completed the preliminary design of this project. Having carried out an environmental impact assessment as well as a comprehensive review of a number of relevant studies, such as the Territory Development Department's reclamation feasibility studies for the area, the consultants have come up with a recommended alignment and layout for the project.
The proposed Central - Wan Chai Bypass and Island Eastern Corridor Link lies within an existing reclamation site, that is, the Central Reclamation Phase I site (CRI), and two proposed reclamation sites, that is, the proposed Central Reclamation Phase III site (CRIII) and the proposed Wan Chai Reclamation Phase II site (WRII). A location plan is annexed.
The detailed design work for the section of the road project within the CRI site near the Airport Railway Hong Kong Station is ongoing; to date, about 35% of the detailed design has been completed. We expect to complete all design work by early 1998.
As regards the section of the road project, which will be in the form of an underground tunnel, within the CRIII site, the consultants have largely completed the detailed design of the tunnel structure.
As regards the section of the road project within the WRII site, we intend to carry out the necessary design work in conjunction with the detailed design of the reclamation project, as there would be a lot of interface issues between the two projects, such as the siting of the interchange and the land use pattern, which might affect the trunk road design.
(b) The construction programme of the Central-Wan Chai Bypass and Island Eastern Corridor Link is dependent on the development of the Central Reclamation Phase I (CRI), the Central Reclamation Phase III (CRIII) and the Wan Chai Reclamation Phase II (WRII) projects. The CRI reclamation work was completed in mid-1996. The detailed design for the CRIII project commenced in November 1995 and has been substantially completed. The Preliminary Project Feasibility Study for the WRII project commenced in June 1995 and was completed in June 1996.
The Administration is reviewing the programme for CRIII and WRII in the context of the current Territorial Development Strategy Review. The programme of the Central-Wan Chai Bypass and Island Eastern Corridor Link is dependent upon this review. We intend to consult members of the public, the district boards concerned and the Legislative Council on the implementation programme in the near future.
(痙禟)
Income Groups Profile
沟Μ舱
10. 綠模磁某拜現┎セЫ
(a) "﹡︘┬摸""﹡︘跋""︘め计"の"︘め挡篶"购だ矗ㄑ(i)︓(v)兜沟Μ舱せのせ3戈
(i) 4,000じ
(ii) 4,000-5,999じ
(iii) 6,000-6,999じ
(iv) 7,000-7,999じ
(v) 8,000-8,999じの
(b) 璝︙の穦σ納穓栋Τ闽戈の﹚戳そガ
癩竒ㄆ叭氮畊┮惠参璸计更
: –る穨Μの┬摸购だ沟计ヘ
: –る穨Μの﹡︘跋购だ沟计ヘ
: –る穨Μの︘め计购だ沟计ヘ
: –る穨Μの︘め挡篶购だ沟计ヘ
硂4参璸琌沮炊琩〓い戳参璸┮眔戈絪籹–る穨Μ琌眖璶┮莉眔场Μ,ぃ珹穝の蛮鲁
(痙10禟)
Missing Hong Kong Residents
ア暼セ翠﹡チ
11. 讲蚌某拜現┎セЫ:
(a) ヘ玡Τぶセ翠﹡チ砆ア暼叫膜赣单┦の闹舱
(b) 瓃ア暼いア暼戳程のΤ疭惫琁矪瞶戳ア暼
(c) 穦笆赣单ア暼產畑Θ矗ㄑ摸珹竒蕾穿のみ瞶徊旧の
(d) 赣单ア暼舦簿ユ砆祇瞷い瓣挂ㄤよ瞷穦膥尿-
のㄤ產矗ㄑ
玂氮畊
(a) ヘ玡Τ291セ翠﹡チ砆ア暼┦㎝闹舱计
闹舱┦╧0-6烦337-15烦103816-20烦93921烦の9990羆计121170
(b) (a)场だア暼いア暼戳程7
羆跋ア暼秸琩舱牡叭璽砫秸琩ア暼-
–ぱ滦琩–﹙厨嘿Τア暼Ω妮牡牡叭穦钡莉硂ㄇ28ぱ滦琩┮Τσ納–﹙薄猵∕﹚莱蹦秈˙︽笆牡よ穦膥尿滦琩︓赣璽砫滦琩牡粄牡よ蹦┮Τ瞶˙艼τ秈˙秸琩ぃ穦Τヴ︙ノゎ
(c) 牡よ穦р続讽ア暼锣ざ倒穦褐竝"竝"τ竝穦跌薄猵羛蹈ア暼產矗ㄑ続讽竝穦矗ㄑ贺狝叭ㄒ倒ぉ徊旧㎝锣ざ讽ㄆ钡褐穿珹竒蕾穿㎝み瞶徊旧狝叭
(d) и-
⊿Τア暼翠﹡チ瓣―参璸计竒喷陪ボ硂贺薄猵ぶ祇ネ綝笿螟翠﹡チ常硓筁烩ㄆ诀闽┪チ挂ㄆ叭矪碝―硂贺舦簿ユぇご穦膥尿
Altars and Temples in Private Buildings
╬ず韭紂
12. 谅ッ闹某拜現┎セЫ:
(a) 翠ヘ玡Τぶ韭紂︗╬ずの摸韭紂璶だガㄇ跋
(b) 瓃韭紂琌惠璶爹璝礛ヘ玡翠Τぶ赣单韭紂琌ゼ竒爹τゼ竒爹ぇいΤぶ妮╬恨瞶┪局Τ
(c) ヘ玡Τ猭ㄒ砏恨╬ず韭紂璝礛Τ︙菏恨惫琁絋玂赣单韭紂才そ兵蹿のΤ闽ň砏玥の
(d) 赣单韭紂Τ翹垫矗ㄑΤ猭ㄒ砏恨ㄤ矗ㄑゲ斗才徖ネ夹非璝礛菏恨惫琁冈薄︙
現叭氮畊
(a) 沮地紂〆穦魁爹τ︗╬ず地紂Τ79丁璶だガい﹁跋狥跋芖瞏桋猳纒芠俄の芖
(b) 沮地紂兵ㄒ(材153彻)瓃地紂琌惠璶爹癸ゼ竒爹韭紂地紂〆穦の現┎礚魁
(c) ヘ玡╬ず韭紂ゲ斗才そ兵蹿のㄤΤ闽猭ㄒ兵ゅ韭紂砞ミ┪ㄤ笲Τ笻そ兵蹿穨┪穨ミ猭刮まノ縱恨瞶兵ㄒ(材344彻)糵掉矪璶―砠掉沮縱兵ㄒ(材123彻)╬ず砞竚韭紂τま璓虫︗ノ硚Τ龟借э跑琌ゲ斗縱ㄆ叭菏服矗ビ叫縱ㄆ叭菏服膀韭紂癸挡篶ň惫琁单よΤぃ▆紇臫τ∕ㄤビ叫┪窽ゎΤ闽穨р虫︗膥尿摸ノ硚ň矪璝祇瞷ず韭紂牡繧┪纗筁秖繧珇ョまノň兵ㄒ(材95彻)の繧珇兵ㄒ(材295彻)秈︽浪北
(d) ╬ず紂璝Τ翹垫矗ㄑㄤ徖ネ琌そ渤徖ネのカ現兵ㄒ(材132彻)ぇ穨(跋办カ現Ы)ㄒの穨(カ現Ы)ㄒ┮砏恨沮ㄢ兵ㄒ紂矗ㄑ翹垫刊斗跋办カ現Ы┪カ現Ыビ烩竩礟酚τ莉祇倒礟酚ㄤい兜兵ン琌Τ闽紂ゲ斗才跋办カ現Ы┪カ現Ы┮璹﹚徖ネ兵ン莉祇竩礟酚紂绑礟璶宽甅礟兵ン絋玂Τ闽矪┮徖ネ薄猵よ徖ネ服诡穦﹚戳ǖ跌莉祇礟竩絋﹚礟の矪瞶宽Τ闽徖ネ猭ㄒ癸Τ笻は礟兵ㄒの徖ネ猭ㄒ徖ネ服诡穦矗浪北ョ穦旧礟э到Τ惠璶徖ネ服诡穦眏ǖ琩Ω计笿Τ桂デぃэ跋办カ現Ы┪カ現Ы蹦綪┪礟酚矪だ
Increasing Aircraft Movements at Kai Tak
糤币紈诀初诀痁Ω
13. MR HOWARD YOUNG asked: Will the Government inform this Council whether there are any plans to increase the number of aircraft movements at the Kai Tak Airport to 31 per hour; if so, what the details are?
SECRETARY FOR ECONOMIC SERVICES: Mr President, plans are in hand to increase the maximum number of aircraft movements at the Kai Tak Airport to 31 per hour from 7 am to 9 pm during the coming winter scheduling season.
To achieve this target, the Civil Aviation Department has taken the following measures to increase its air traffic capability:
(a) upgrading the Radar Data Processing and Display System and the Flight Data Processing System;
(b) recruiting and training additional air traffic controllers; and
(c) introducing additional air traffic control positions.
Regulation on Transfer of Stock Exchange Membership
砏恨ユ┮穦膟锣琵
14. MISS EMILY LAU asked: In his testimony given at the trial of a former vice-chairman of the Hong Kong Stock Exchange on bribery charges, the Chairman of the Securities and Futures Commission said that taking commission in the transaction involving the transfer of stock exchange membership was considered a grey area. In this connection, will the Government inform this Council whether there are plans to amend the relevant legislation to stipulate that the taking of such commission is an offence under the law?
SECRETARY FOR FINANCIAL SERVICES: Mr President, what the Chairman of the Securities and Futures Commission said in his testimony at the trial was that he did not know the full facts so whether it was black, white or grey, he was unable to judge.
A transaction involving the transfer of membership of the Stock Exchange of Hong Kong is a sale of a share in the Exchange Company which is a private company. Such a transfer is a private transaction and the payment of a commission is in itself not a criminal offence. In the trial to which the Member refers, the issue was whether the commission was accepted as an inducement to or reward for favouring an applicant. Since such a transaction requires approval by the Council of the Exchange Company, the parties concerned in the transaction could be liable criminally under section 9 of the Prevention of Bribery Ordinance (the Ordinance) if, in connection with approving the transfer, a commission is paid to a Council Member as an inducement or reward to that Council Member for refraining from exercising his or her duty as a Council Member or for acting in breach of that duty.
However, no offence is committed under section 9 of the Ordinance unless the inducement or reward is offered or accepted, as the case may be, without lawful authority or reasonable excuse of the permission of the principal.
A Council Member of the Exchange Company who receives a commission for the transfer of a share could place himself or herself in a position of conflict of duty and interest in that his or her duty to the Exchange is to vote in the interest of the Exchange Company, and his or her interest in the share transaction lies in its completion. The Exchange Company has guidelines for declaring conflict of interest. The Securities and Futures Commission will pursue with the Exchange Company the whole question of the enforcement and adequacy of such guidelines after studying proceedings of the recent court case involving the former vice-chairman of the Exchange Company.
Sites for New Multi-storeyed Car Parks
砍穝糷氨ó初翴
15. 独岸藉某拜沮眡現┎獃ó︗舱某10翴ゼㄓ3芥璸购いㄑ砍糷氨ó初ノ硚現┎セЫ
(a) 瓃ㄑ砍糷氨ó初翴絋龟︗竚
(b) 赣ㄇ氨ó初Θ箇璸矗ㄑぶ獃ó︗の
(c) 箇璸赣ㄇ氨ó初︙币ノ癸覸絯セ翠獃ó︗ぃì薄猵Τ︙籺痲
笲块氮畊獃ó︗惠―╯舱某ゼㄓ3扳璸购10ノ砍糷氨ó初翴の–翴既璹矗ㄑ獃ó︗计ヘ瞷更繦凝硂10糷氨ó初羆矗ㄑ1 900砯ó獃ó︗㎝1 100╬產ó獃ó︗ㄤい翴矗玡せ︓扳璸购竒扳
穝氨ó初币ノら戳跌Τ闽翴抖扳の╬犁诀篶砞璸㎝砍氨ó初┮惠丁舱穦菏诡Τ闽秈甶
虫綼硂糷氨ó初ぃì莱翠砯ó獃ó︗祏拜肈舱龟琁獃ó︗惠―╯某ㄇ惫琁穦膥尿崩︽ㄤ某惫琁糤砯ó獃ó︗Τ闽惫琁珹矗ㄑ祏戳の︹隔獃ó︗ぷㄤ琌硄甦獃ó︗璹翠砏购夹非籔非玥窖龟︽糤臥︘加坝穨加㎝跋砞琁ず獃ó︗
某砍糷氨ó初翴
扳璸购︗竚獃ó︗︳璸计ヘ1.るきら╃芥よΑ扳芖﹁芖恶跋336╬產ó獃ó︗㎝35筿虫ó獃ó︗2.︓纒芖200╬產ó獃ó︗75淮砯ó獃ó︗25い〓砯ó獃ó︗3.︓﹁癪90淮砯ó獃ó︗35い〓砯ó獃ó︗4.︓‵バホ100╬產ó獃ó︗110淮砯ó獃ó︗120い〓砯ó獃ó︗5.︓‵バ材11跋ホ100╬產ó獃ó︗35淮砯ó獃ó︗120い〓砯ó獃ó︗6.︓芠俄200╬產ó獃ó︗75淮砯ó獃ó︗25い〓砯ó獃ó︗7.︓戛芖恶跋200淮砯ó獃ó︗25砯ó獃ó︗8.︓﹁纒恶跋300淮砯ó獃ó︗100い〓砯ó獃ó︗9.︓箂箂箂芖ρ公逼恶跋200淮砯ó獃ó︗200い〓砯ó獃ó︗10.︓箂箂箂纒芖200╬產ó獃ó︗75淮砯ó獃ó︗25砯ó獃ó︗
Chinese Descriptions of Imported Health Food
秈胺眃珇いゅ夹乓
16. Χギ棚某拜現┎セЫ
(a) 碞カ媚┬┪胺眃珇┍扳秈胺眃珇Τ猭ㄒ砏﹚赣单胺眃珇杆惠いゅ夹乓璝Τいゅ夹乓ず甧琌Τ闽猭ㄒ菏恨の
(b) 瞷Τ猭ㄒ菏恨綪よ猭扳秈胺眃珇璝礛Τ︙菏恨惫琁絋玂赣单珇ㄣΤ籹硑坝嘿
徖ネ褐氮瞷猭ㄒ⊿Τ璹"胺眃珇"睦竡瞷︽Τ闽猭兵ゅА続ノ┮Τ珇珹カ媚┬┪胺眃珇┍扳┪綪扳秈胺眃珇
(a) Τ闽箇杆夹乓砏恨㎝夹乓ず甧更翠猭ㄒ材132彻そ渤徖ネのカ現兵ㄒ﹚の媚Θだ舱の夹乓砏ㄒず沮赣砏ㄒㄓ弧夹乓ㄏノいゅ璣ゅ┪ㄢノ赣砏ㄒョ砏﹚夹乓场だず甧ㄒ玂借戳の琘摸珇夹乓ㄒイ摸籹珇А惠璶ノい璣ゅ弧
(b) 瞷瘤礛⊿Τ猭ㄒ钡菏恨秈胺眃珇ㄣΤ籹硑坝嘿ぃ筁Τ闽恨猭诀ョ続ノ胺眃珇ㄒ沮そ渤徖ネのカ現兵ㄒ材V场の赣兵ㄒ妮猭ㄒ扳ぃ続﹜ㄑノ妮笻猭ヴ︙嘿镑獀励┪箇ň痚痜籹珇А斗翠猭ㄒ材138彻媚警穨の瑀媚兵ㄒ爹媚警籹珇爹非玥珹ㄤ祘借㎝场А斗厩靡沮靡翠猭ㄒ材231彻ぃ▆洛媚約兵ㄒョ更Τ兵ゅ窽ゎ祇ガ約肚ノ獀励┪箇ň琘ㄇ痚痜借и-
粄瞷︽猭砏恨诀ì玂毁カチ胺眃
Policy on Training Courses for Paging Operators
蚌癡肚㊣眖穨現郸
17. バ玊某拜筿癟恨瞶Ы矗ㄑ参璸计陪ボ眖る秨﹍ㄏノ肚㊣诀计ぃ耞τㄏノも矗筿杠计玱ぃ耞糤碞現┎セЫ
(a) 癸瓃カ初祇甶镣墩沟蚌癡Ы蚌癡肚㊣眖穨現郸よΤ︙锣跑
(b) セ秨快肚㊣钡帹ネ蚌癡揭祘计ヘの–痁计︙の
(c) 筁ㄢЧΘ肚㊣钡帹ネ蚌癡揭祘厩籔セ4るЧΘΤ闽揭祘厩ゑ耕ㄢ碞穨薄猵︙
毙▅参膚氮畊瘤礛翠ㄏノも矗筿杠计絋龟Τ┮糤も矗筿杠ごゼ肚㊣诀カ初场だネ種筃阶瞊∣肚㊣诀ㄆ龟ㄏノも矗筿杠ㄏノ肚㊣诀狝叭も矗筿杠狝叭そ矗ㄑ痙ē狝叭τ硂兜惠璶パ肚㊣钡帹ネ踞ヴ
ヘ玡⊿Τ靡沮陪ボ硂贺カ初镣墩旧璓肚㊣︽穨惠―碩搭ぶ┪Τ禫ㄓ禫肚㊣钡帹ネア穨
矗ㄑ硂ㄇ璉春戈и瞷略碞借高3场だ氮滦
(a) 沟蚌癡Ы玥琌赣Ы秨快兜癡絤揭祘珹肚㊣钡帹ネ蚌癡揭祘ヘ常琌ㄏ厩镑磝搐┮惠м
絋玂厩ЧΘ揭祘щ骋カ初沟蚌癡Ы砏﹚秨快揭祘蚌癡诀篶А斗砞ミ服旧舱Θ珹Τ闽︽穨沟癡絤旧畍㎝厩璽砫菏诡揭祘砞璸㎝秨快薄猵獽莱カ初惠―锣跑τ璹揭祘拨揭祘厩キА俱砰碞穨瞯斗笷70%蚌癡诀篶膥尿秨快揭祘
沟蚌癡Ыョ肚㊣钡帹ネ庢快兜ō璹硑蚌癡揭祘硂摸揭祘琌酚琘ㄇ肚㊣そ惠璶τ疭砞璸硂ㄇそョ矗ㄑ计耕戮︗厨弄硂摸揭祘蚌癡厩揭祘ゼ秨﹍玡璓Τ碞穨诀穦
肚㊣钡帹ネ秨快蚌癡揭祘ず甧ぃ珹肚㊣钡帹ネмォ癡絤ョ矗ㄑ膀セ筿福巨癡絤の狝叭︽穨膀セめ狝叭мォ蚌癡厩拨硂摸揭祘ョ踞ヴ肚㊣︽穨ㄤㄒゅ犁穨のめ狝叭瞶
и-
穦膥尿籔沟蚌癡Ы候盞菏诡硄癟穨祇甶の癸骋カ初紇臫獽の癸Τ闽蚌癡揭祘続讽э
(b) パ庢快肚㊣︽穨蚌癡揭祘秨﹍︓る┏ゎ沟蚌癡Ы秨砞75痁揭祘1 310矗ㄑ蚌癡セ4る沟蚌癡Ы秨快14痁Τ闽揭祘蚌癡251厩るらΤ42蚌癡厩だㄢ痁钡肚㊣钡帹蚌癡
(c) 筁ㄢ肚㊣︽穨τ砞蚌癡揭祘厩俱砰碞穨瞯キА笷73%オㄤい68%沟肚㊣︽穨緇32%玥踞ヴぃ戮︗珹ゅ犁穨め狝叭瞶の┍叭瞶单
4る拨揭祘厩碞穨瞯沮˙戈キА琌65%俱砰碞穨瞯斗碞穨魁絪﹚矗ㄑ
Adult Education
Θ毙--
18. 綠模磁某拜現┎セЫ
(a) 筁3Τ闽Θ毙▅ㄆ﹜戈
(i) 毙▅竝Θ毙▅舱だ矗ㄑぶ厩︓いせ祘タΑ干毙▅揭祘硂ㄇ揭祘摸︙のΤぶЧΘ赣单揭祘
(ii) 毙▅竝10Θ毙▅眃贾いみだ矗ㄑぶ獶タΑ揭祘硂ㄇ揭祘摸︙のΤぶЧΘ赣单揭祘
(iii) Τㄇв腀刮砰钡毙▅竝戈庢快Θ毙▅揭祘┮疉の戈蹿肂︙τ硂ㄇ揭祘摸の计ヘだ︙
(iv) 毙▅竝"┦の闹""┦の┮眖ㄆ︽穨""闹の┮眖ㄆ︽穨""┦の┮眖ㄆ戮︗"の"闹の┮眖ㄆ戮︗"购だЧΘ瓃(i)(ii)の(iii)3摸揭祘
(v) 毙▅竝Τ矗ㄑㄤΘ毙▅揭祘璝礛赣ㄇ揭祘摸计ヘのЧΘ揭祘计だ︙"┦の闹""┦の┮眖ㄆ︽穨""闹の┮眖ㄆ︽穨""┦の┮眖ㄆ戮︗"の"闹の┮眖ㄆ戮︗"购だ摸ЧΘ揭祘
(b) 璝ゅ(a)(iv)の(v)兜氮﹚毙▅竝⊿Τ穓栋赣单戈︙の穦σ納穓栋Τ闽戈の﹚戳そガの
(c) 毙▅竝穦σ納耎瞷┮矗ㄑΘ毙▅揭祘璝礛冈薄︙璝︙
毙▅参膚氮畊
(a)(i) 毙▅竝Θ毙▅舱筁3矗ㄑタ砏毙▅揭祘のЧΘ硂ㄇ揭祘计冈薄
揭祘︓きき︓せせ︓1. Θ炊硄毙▅痁(厩祘)2292012582. ﹛ミい厩いき*1 5681 5581 6933. 璣ゅ盡痁(厩い厩㎝炊硄毙▅ゅ咎祘)808802646
*﹛ミい厩箇揭祘き︓せ厩秨快у厩ネごゼ拨穨
(ii) 毙▅竝10Θ毙▅眃贾いみせる氨快Θ毙▅眃贾いみ筁┕琌砍届舱Α矗ㄑㄢ摸祏戳揭祘(i)毙▅砍届舱炊硄杠痁璣粂痁单の(ii)ゅて┪盯砍届舱尼紇痁い瓣猭痁ユ籖痁单
︓き㎝き︓せ厩だΤ4 506の1 742ЧΘΘ毙▅眃贾いみ秨快揭祘
(iii) 把毙▅竝戈璸购庢快Θ毙▅揭祘в腀刮砰珹﹙毙刮砰のㄤ褐诀篶硂ㄇ揭祘だ摸珹膀セ醚痁戮穨癡絤の戮穨徊旧揭祘骋の碞穨毙▅紈▅の穦毙▅癶ヰ玡毙▅┪癶ヰネ毙▅ㄓ翠続莱揭祘の疭毙▅
Τ闽戈刮砰计ヘ戈蹿肂の把计冈薄
︓きき︓せせ︓刮砰计ヘ747883戈蹿肂
(κ窾じ)11.212.914.8把计17 79620 04221 070
(iv) Τ闽参璸计叫把綷ンパ毙▅竝⊿Τ弄タ砏Θ毙▅揭祘厩ネ┮眖ㄆ︽穨の戮︗戈矗ㄑ┦の闹购だ参璸计︓Θ毙▅眃贾いみのв腀刮砰庢快獶タ砏毙▅揭祘毙▅竝Τ弄┦魁矗ㄑ弄╧计
(v) 毙▅竝礚矗ㄑㄤΘ毙▅揭祘
(b) 毙▅竝⊿Τゴ衡穓栋厨弄タ砏Θ毙▅揭祘の戈揭祘厩ネ┮眖ㄆ︽穨の戮︗戈硂ㄇ戈籔揭祘砞璸┪恨瞶⊿Τ钡闽玒
(c) 毙▅竝﹚戳浪癚Θ毙▅揭祘ち惠―パき︓せ厩癬毙▅竝庢快兜いせ揭祘厩ネ拨揭祘把翠蔼祘穦σパせ︓厩秨﹍Θ毙▅揭祘程厩闹ョパ18烦︓15烦
ン
(i) 拨Θ炊硄毙▅痁厩ネ计ヘ
︓きき︓せせ︓闹╧╧╧20烦┪0622122421-3073974094231-401511114681810441-5044023834651烦┪0709010璸262032517632226羆计229201258
(ii) 拨﹛ミい厩いき厩ネ计ヘ
︓きき︓せせ︓闹╧╧╧20烦┪24448436350132553121-3026040020034925140431-4049842269379241-5016311440183551烦┪000000璸5699995999596311 062羆计1 5681 5581 693
(iii) 拨璣ゅ盡痁厩ネ计ヘ
︓きき︓せせ︓闹╧╧╧20烦┪911101191021-3064132611354811031-4061296542994223941-5045170461683813551烦┪416315213璸183625174628139507羆计808802646
(iv) 拨Θ毙▅眃贾いみ揭祘计
︓きき︓せせ︓╧1 2084963 2981 246氨快璸4 5061 742
(v) 拨в腀刮砰Θ毙▅揭祘计
︓きき︓せせ︓╧4 0544 2984 66013 74215 74416 410璸17 79620 04221 070
Blood Bags Discarded by Public Hospitals
そミ洛皘斌竚﹀睪
19. 独岸藉某拜現┎琌眡
(a) 筁3丁そミ洛皘–る斌竚ぶ﹀睪の丁洛皘–る眖翠穦ノ﹀睪计秖κだゑ︙
(b) そミ洛皘斌竚赣单﹀睪︙の
(c) 洛恨ЫΤ碞そミ洛皘矪瞶盢戳﹀睪祇ま璝礛冈薄︙のΤ︙诀絋玂洛皘辅龟磅︽Τ闽ま
徖ネ褐氮畊洛皘ゲ斗蝴ì﹀睪ㄑ莱ㄑ–ら秈︽羬も砃ぇノぃ筁﹀睪玂戳Ττ洛皘癸﹀睪惠―ぃ铆﹚そ犁洛皘纗场だ﹀睪虫︗ノㄓ块﹀ぇ玡竒筁玂戳斗ぉ斌竚Τㄇ筁玂戳﹀睪虫︗穦ノㄓ秈︽贺て喷ㄒ﹀だ摸㎝к砰╯
沮洛皘恨瞶Ы魁筁3洛皘眖翠穦块﹀狝叭いみ"块﹀狝叭いみ"眔﹀睪い–キАΤ1.1%筁玂戳洛皘购だだ兜计冈更ンㄓ弧璶洛皘筁玂戳﹀睪虫︗┮钡莉﹀睪虫︗羆计κだ瞯ゑ耕琌硂ㄇ洛皘Τ耕痜惠璶块﹀τ蹦ノ皌﹀祘琌だ皌уノ﹀睪虫︗倒惠璶块﹀痜τぃ琌痜箇痙琘计秖﹀睪虫︗獽到ノ┮﹀睪虫︗
荷秖到ノ﹀睪块﹀狝叭いみ㎝Τ闽そ犁洛皘Τ﹚祘矪瞶盢戳﹀睪虫︗–﹀睪常夹ㄏノ戳陪ボ﹀睪ㄑㄏノ戳块﹀狝叭いみ–ら┪–琍戳常穦だ祇﹀睪倒洛皘洛皘穦沮"Μノ"玥ノㄓ块﹀洛皘斗р盢戳﹀睪虫︗锣ユ┮妮羛呼ㄤ洛皘絋玂﹀睪虫︗戳玡眔到ノ
砞Τ﹀畐洛皘斗﹚戳块﹀狝叭いみ蹲厨﹀睪纗秖珹锣ユㄤ洛皘㎝筁玂戳﹀睪虫︗计秖洛皘穦﹚戳秈︽衡絋玂﹀睪虫︗莉眔到ノの﹚祘眔腨宽碻
(痙禟)
GOVERNMENT MOTION
現┎某
COMPANIES ORDINANCE
そ兵ㄒ
THE SECRETARY FOR FINANCIAL SERVICES to move the following motion:
"That the Companies (Winding-up) (Amendment) (No. 2) Rules 1997, made by the Acting Chief Justice on 5 May 1997, be approved."
SECRETARY FOR FINANCIAL SERVICES: Mr President, I move the motion standing in my name on the Order Paper.
The Companies (Winding-up) (Amendment) (No. 2) Rules 1997 have been made by the Acting Chief Justice under section 296 of the Companies Ordinance. The Amendment Rules seek to update insolvency practices and streamline procedures for the Official Receiver and the liquidators in dealing with winding-up of companies by the court.
The proposed changes are primarily procedural in nature. These include raising the minimum aggregate amount of miscellaneous expenses that is required to be taxed by the Registrar of the court from $1,000 to $3,000. This will relieve the Official Receiver and the liquidator of the obligation of taxing minor bills for work done by their agents.
The archaic provision which requires proxy forms to be completed in handwriting will be repealed, and we propose that proxy forms, except for signatures, can be printed and thereafter lodged by facsimile transmission.
We also propose that the amount of deposit to be placed with the Official Receiver before an order appointing a provisional liquidator is made be raised from $3,000 to $3,500. This amount has not been revised since 1993, and the proposed increase is nominal and lower than the accumulated inflation rate in the past four years. We hope that this modest increase will encourage more appointments of private sector insolvency practitioners as liquidators.
Under the Amendment Rules, the period within which the liquidator shall give notice of his intention to declare a dividend will be extended from two months to four months, to allow sufficient time for complicated proofs to be finalized and avoid the expense of further advertisement.
Amendments are made to Rule 88 in respect of the rate of interest payable in the event of a surplus and the period over which such interest to be calculated to be consistent with that applied in the Bankruptcy Ordinance.
Amendments are also made to Rules 142 and 202 so that the liquidator may place notifications in the Gazette direct without having to go through the Official Receiver.
Consequential amendments will be made to Forms 25, 80 and 81. Form 28 will be amended to require the liquidator's identification to be provided and minor textual amendment is proposed for Form 61 in the Schedule.
Mr President, I beg to move.
Question on the motion proposed, put and agreed to.
某ぇ某肈竒矗某繦窖∕莉硄筁
GOVERNMENT BILLS
現┎兵ㄒ
First Reading of Bills
兵ㄒ弄
JUDICIAL SERVICE COMMISSION (SPECIAL PROVISIONS) BILL 1997
1997猭ノ〆穦疭砏﹚兵ㄒ
CIVIL AVIATION (AMENDMENT) BILL 1997
1997チ璹兵ㄒ
Bills read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
兵ㄒ竒筁弄ㄌ沮穦某盽砏材41兵材(3)蹿砏﹚㏑逼弄
Second Reading of Bills
兵ㄒ弄
JUDICIAL SERVICE COMMISSION (SPECIAL PROVISIONS) BILL 1997
1997猭ノ〆穦疭砏﹚兵ㄒ
THE CHIEF SECRETARY to move the Second Reading of: "A Bill to make a transitional arrangement in respect of any meeting of the commission established by the Judicial Service Commission Ordinance (to be known as the Judicial Officers Recommendation Commission Ordinance on the day following 30 June 1997) held on the day following 30 June 1997."
She said: Mr President, I move that the Judicial Service Commission (Special Provisions) Bill 1997 be read the Second time.
We have identified a practical problem that will arise at the first meeting of the Judicial Officers Recommendation Commission to be held on 1 July 1997. Section 3(3) of the Judicial Service Commission Ordinance (Cap. 92) (to be retitled the Judicial Officers Recommendation Ordinance with effect from 1 July 1997 by virtue of item 10 of the Schedule to the Hong Kong Court of Final Appeal Ordinance (Cap. 484)) provides that the Chairman and no fewer than six other members may exercise and perform any of the functions, powers and duties of the Commission. However, when the Commission holds its first meeting to recommend the appointment of the Chief Justice of the Hong Kong Court of Final Appeal (CFA), no judges will have been appointed in the Hong Kong Special Administrative Region (SAR). Without the Chief Justice of the CFA as the Chairman and the two judges appointed under section 3(1)(c)(i) of the Ordinance, there will only be six members of the Judicial Officers Recommendation Commission. This is below the quorum specified in section 3(3) of the Ordinance.
We therefore propose that, as a one-off transitional arrangement, legislative provision should be made to enable a person who serves as a judge immediately before 1 July 1997 to be appointed to the Commission as a member who is a judge for the purpose of any meeting of the Commission to be held on 1 July 1997. This would allow two judges to participate in the first meeting of the Commission and also to take part in making recommendations on the appointment of other judges at any Commission meeting to be held on 1 July 1997. Their appointment would expire at midnight on 1 July 1997.
Mr President, this Bill is a technical one which seeks to provide a practical solution to a practical problem. It must be enacted before 1 July in order to validate meetings of the Judicial Officers Recommendation Commission (JORC) held on that day, and hence the appointment of the Chief Justice of the CFA and the entire Judiciary of the SAR. Clearly we must do everything we can to remove any doubt about the legal status of the JORC and the Judiciary. I therefore commend the Bill to this Council for early passage into law.
Question on the motion on the Second Reading of the Bill proposed.
兵ㄒ弄某ぇ某肈竒矗某
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
臛阶いゎ尿兵ㄒㄌ沮穦某盽砏材42兵材(3A)蹿砏﹚ユず叭〆穦矪瞶
CIVIL AVIATION (AMENDMENT) BILL 1997
1997チ璹兵ㄒ
THE SECRETARY FOR ECONOMIC SERVICES to move the Second Reading of: "A Bill to amend the Civil Aviation Ordinance."
竒蕾璓勉畊и笆某弄1997チ璹兵ㄒ虏嘿"セ兵ㄒ"
﹚チ兵ㄒ翠рΤ闽羛瓣チΘゅ猭玥セて顶琿さぱ笆某弄1997チ璹兵ㄒр赣单羛瓣Θゅ猭玥セて材の程顶琿は琈и-
籔いよる笷Θ某硂癸絋玂翠チ恨瞶筁寸戳眔┑尿琌ゲ惠癸蝴翠瓣悔の跋办いみ︗琌ぃ┪
セ兵ㄒヘ琌р虑羛瓣1949チ猭1969跋τ続ノ翠羛瓣1949チ猭嘿"1949猭"材8兵セての玂痙1995翠嘿"1995"ㄏウ-
せるら膥尿Τ1949猭材8(1)兵琌结舦兵ゅ甭舦穦枷盞皘璹ミ兵ゅ琁︽その赣そ闽瓣悔夹非の某惫琁ンの阀珹τē砏恨ㄆ﹜1949猭材8(2)兵璹ミ兵ゅ﹚ㄆ﹜1995琌穦枷盞皘沮1949猭材8兵﹚翠チ恨瞶矗ㄑ猭膀娄ㄤい瞇籠ㄆ﹜珹诀爹の夹粁竒犁砛靡続の诀杆竚诀诀舱の帽祇磅酚诀犁笲㎝ユ硄恨单
セ兵ㄒ璹砰兵ㄒ1949猭材8兵兵ゅの玂痙1995癸ㄢ続讽э璶э
(a) 羆服穦︽現Ы蠢穦枷盞皘局Τ舦璹ミ兵ゅ琁︽その赣そンの阀珹τē砏恨ㄆ﹜
(b) 赣兵ゅ矪瞶チら盽穨叭のм砃恨瞶
(c) 埃膀瓣ň瞶パ┪候篈┪驹篈戳丁羆服穦︽現Ы虑㏑璹ミ兵ゅ窽ゎ诀禫パㄤ﹚翠よ赣单疭薄猵羆服ゲ斗莉眔瓣叭︒ボよ硂贺㏑羆服沮1995局Τ璹ミ砏ㄒ祇硂摸窽舦ョ妓эの
(d) ちΤ闽竜︽ぃ宽眖1995┪沮赣τ璹ミヴ︙ゅ程蔼籃蹿盢パ瞷400璣麻キ禬筁20玡璹﹚矗蔼︓材せ单翠刽10窾じ
畊и略朝勉某セЫ硄筁1997チ璹兵ㄒ
Question on the motion on the Second Reading of the Bill proposed.
兵ㄒ弄某ぇ某肈竒矗某
Debate on the motion adjourned and Bill referred to the House Committee pursuant to Standing Order 42(3A).
臛阶いゎ尿兵ㄒㄌ沮穦某盽砏材42兵材(3A)蹿砏﹚ユず叭〆穦矪瞶
Resumption of Second Reading Debate on Bills
確兵ㄒ弄臛阶
GOVERNMENT RENT (ASSESSMENT AND COLLECTION) BILL
蝶︳の紉Μ兵ㄒ
Resumption of debate on Second Reading which was moved on 18 December 1996
確せるら笆某弄臛阶
朝岸穨某璓勉畊セ略蝶︳の紉Μ兵ㄒ〆穦畊ōだ〆穦璓勉セ兵ㄒΞ磅︽い璣羛羘ン材蹿の材蹿┮璹Τ闽紉Μ兵ゅ瘤礛讽Ы兵ㄒ〆穦〆兵ㄒ琌碞硂ㄇ兵ゅ┮斗煤ユ蝶︳の紉Μ砏﹚琌兵ㄒ〆穦坝某筁祘い祇谋兵ㄒ猭环环禬筁ㄓ種瓜硂タ秆睦︙兵ㄒ〆穦璶籔讽Ы庢︽笷10Ω穦某パセ穦砰〆穦糵某顶琿笆某兜タ瞷ぃゴ衡矗瓃籔タΤ闽ㄆ﹜セ朝勉穦栋い量瓃兵ㄒ〆穦〆矗ㄤ闽猔ㄆ兜
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畊硂兵ㄒ糵某筁祘いи㊣苸Τ闽某璶猔種羛羘ン材蹿砏﹚赣兵蹿疭р祏戳㎝疭ノ硚逼埃俱砰尿戳兵ゅ続ノ絛瞅ぇτ硂ㄇ尿戳ビ叫穦莉眔σ納パ薄猵兵ㄒ〆穦〆借好紉Μ砏﹚莱続ノ祏戳㎝疭ノ硚兵ㄒ〆穦疭闽猔纔磃基у讽Ыョ┯粄沮羛羘ン現┎ぃ惠璶癸尿戳疭ノ硚紉Μ讽ㄤ莱揭畉昏3%硂兜逼パ〆穦癚阶莉眔〆穦種讽Ы绊嘿眖羛羘ネぇら癬︓せるらゎ┮у穝斗沮羛羘ン材蹿砏﹚煤ユ硂ㄇ穝珹纔磃基у疭ノ硚現┎ボ狦ぃ癸┮Τ疭ノ硚购紉Μ暗猭獽ぃ璓
セ矗眶某讽Ы常そ秨ボ羛羘更斗癸⊿Τ尿戳舦莉尿戳紉Μ硂翴礚坝某緇琌и-
瞷祇谋癸疭ノ硚紉Μ逼獶沮τ琌膀〆穦┮笷Θ兜某兵ㄒ〆穦〆荡癸Τ瞶パ獺現┎讽Ы琌粇旧и眏秸琌粇旧疭ノ硚┯ㄏ-
獺煤ユ琌Τ闽沮羛羘ン砏﹚莉眔尿戳∕兵ン眖⊿Τ疭ノ硚┯癸硂兜兵ン矗ヴ︙钵某场だ羛羘ネぇ玡纔磃基у疭ノ硚常莉眔尿戳讽Ы硑Θ琂Θㄆ龟薄猵瘤礛兵ㄒ〆穦〆礚種ミ猭Α緍猭砫ヴ〆穦粄続暗猭琌Τ惠璶パ┯硓筁チㄆ禗砠籔現┎秆∕拜肈セゲ斗眏秸癸讽Ы矪瞶疭ノ硚尿戳ㄆ﹜も猭兵ㄒ〆穦场だΘ常癸現┎ボア辨
セ叫某猔種兵ㄒ〆穦纯瞏癚阶拜肈兵ㄒ甭舦現┎瓃紉Μ珹続ノ┯┪Τ猭砫ヴ碞ヴ︙沮赣続ノτΤ┮ミ穨虫︗τ煤ユ畉昏ぃ度┯Τ煤ユ猭砫ヴ畉昏煤ョ斗┯踞硂砫ヴ讽Ы矗璝瞶パ弧︙Τ硂逼ㄤい璶琌讽Ы礚更Τ┯﹎㎝非絋虫τ絪硂虫現┎︳璸惠璶70暗1丁镑ЧΘパ禬筁90%畉昏煤常琌┯讽Ы粄畉昏煤紉Μ琌薄瞶暗猭セ斗璶〆ぃ粄硂琌兜Ч骸種逼鲸恨〆秆讽Ы┯祇硄よ穦Τ龟悔螟礛τ兵ㄒ兜兵ゅ璝祘ョ睦埃〆好納赣兵ゅ砏﹚狦畉昏煤獶┯煤ユ埃獶-
ぇ丁Τゅ某┪Τ砏﹚玥┮煤ユ妮┯ろ畉昏煤杜兜莱〆矗某讽Ы種笆某兜タ種琌兵ㄒΤ闽兵蹿穦緍ヴ︙闽某ㄏㄤい更Τ窽ゎ眖沮赣某斗煤ヴ︙蹿兜珹い╄綪┮ろ蹿兜阀珹砏﹚
畊鲸恨現┎讽Ы籔兵ㄒ〆穦拜肈常Τぃ種ǎ琌讽ЫョΤ钡〆矗ㄇ某珹兵ㄒず更盢砆兵ㄒ緍Τ闽夹非兵ンэ瞷Τ畉昏煤祇硄虑睲贰┶荡碞蝶︳莱揭畉昏┮矗は癸瞶パ
畊セ略朝勉ユ兵ㄒ〆穦坝某
肅繟某璓勉畊セ兵ㄒ〆穦Θゲ斗セのチ羛ミ初
蝶︳の紉Μ兵ㄒヘ琌矗ㄑ诀琵讽Ы沮い璣羛羘ン砏﹚碞璝斗煤蝶︳の紉Μㄤ硂兜逼カチ礚斗干基薄猵ㄤ尿戳珿チ羛やΤ闽兵ㄒ
癸朝岸穨某兵ㄒ〆穦矗兜砰〆穦糵某顶琿タ兵ㄒ材8兵い兵ゅ(4)沮畉昏兵ㄒ材36兵莉僚蝶︳畉昏穨虫︗ㄤ莱揭畉昏斗讽ぃ禬筁程莱揭畉昏瘤礛Τ闽タ程砆ミ猭Ы畊掉﹚ㄣΤパそ┊璽踞τぃ矗セご斗弧翴碞琌朝某览某タ琌笻は羛羘ン砏﹚
タセ耕Ν玡璓ㄧ某沮羛羘ンΤ材琿┮瓃莉僚ㄤ瞷莉僚蝶︳畉昏穨莱赣沮ㄤノ硚ㄓ蝶︳莱揭畉昏τぃ莱朝某┮矗ノミ猭よ猭ㄓ眏︽僚琘ㄇ莱煤ユヴ︙癸蝶︳稰ぃ骸碞︳糵掉矪矗禗τぃ莱璶―莉眔僚
ㄤ龟沮畉昏兵ㄒ材36兵莉僚蝶︳の煤ユ畉昏穨ョΤ煤ユ猭砫ヴτΤ闽猭砫ヴ獶跌赣ㄇ穨纯煤┪瞷Τ煤畉昏τ﹚τ羛羘ン礚ヴ︙矗瓃砏﹚兜穨斗畉昏蝶︳Τ煤ユ砫ヴ
︓ㄇ某璶―僚煤ユ毙绑〓紂㎝糥初讽莉уㄉΤ纔磃基τ煤ユ蠢干基妮兜纔磃惫琁現┎琌沮羛羘ン紉Μ讽ぃ莱揭畉昏3%τ礚斗单尿Μ斗Ω睲基场だ莉у疭ノ硚毙绑〓紂ㄤу兵蹿砏﹚斗煤ユぃ莱揭畉昏3%
現┎瞷蝶︳硂ㄇ初┮莱揭畉昏ㄤ龟莱揭畉昏ぃ穦び蔼紉Μ3%ョぃ穦び禥獺癸-
紇臫ぃ沮現┎戈陪ボ翠Τ362丁毙绑〓紂の513丁︗坝︘虫︗ず毙绑〓紂-
┮璶煤ユキА琌–じ︓26,000じぃ单現┎羆Μ–1,500窾じ︓戈獶現┎诀篶碞煤ユ現┎ビ叫祇临蹿兜
畊瞷翠穦А璶―い璣ㄢ瓣現┎獺い璣羛羘翠ミ猭诀闽某璶ō玥癸羛羘徖癦"ō刚猭"︑笻は羛羘狦︑"ㄤōぃタ"癸Τ┮璶―㎡
畊セ略朝勉や蝶︳の紉Μ兵ㄒ
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr President, I would like to thank the Honourable Albert Chan, Chairman of the Bills Committee and the other members of the Committee for their close examination of the Bill and for their suggestions on how to enhance the clarity of the Bill in many areas.
I shall move amendments to the Bill at the Committee stage, most of which are technical in nature, to take on board their suggestions as far as possible.
I have to reiterate that the Bill does not introduce a new government policy. Its main purpose is to implement and accede to the Sino-British Joint Declaration. The requirement to pay new Government rents was publicized when the Joint Declaration was signed and subsequently made known to the property owners when their non-renewable leases were extended or when they were granted new leases. These leases include those in the New Territories, including New Kowloon, which would expire on 27 June 1997 had they not been extended to 30 June 2047 under the New Territories Leases Extension Ordinance, and those special purpose leases which the Government has granted or extended with provision requiring the payment of ground rent on similar terms.
It should be noted that no premium is charged upon the extension of the leases concerned. The new Government rents to be charged are equivalent to 3% of the rateable value from time to time of the land leased. In the course of deliberations, some members of the Bills Committee questioned the legal basis upon which tenements exempted from assessment to rates under the Rating Ordinance were capable of being so assessed under this Bill and assigned to rateable values for the purpose of charging Government rent. They also queried why the Administration would charge Government rent on those special
purposes leases, especially for churches and cemeteries, which have been granted a concessionary premium.
On the first issue, rateable value is given a statutory meaning in clause 2 of the Bill, which sets out that a rateable value may be ascertained under the Bill apart from under the Rating Ordinance. A tenement has a rateable value for the
purposes of the Bill which could be ascertained whether or not it is exempted from assessment to or payment of rates under the Rating Ordinance. The fact that a property did not have one or was not assessed for rates as at the entry into force of the Joint Declaration does not mean that it cannot have a rateable value for government rent purposes.
On the second issue, charging Government rent on special purpose leases which have been granted a concessionary premium is not a change in existing policy. This is one of the conditions upon which special purpose leases may be extended. Details of the arrangements for such extension were publicly announced in April 1987. It was explained that when special purpose leases were extended an annual rent equivalent to 3% of the rateable value from time to time would be charged. These arrangements have been discussed and agreed by the Land Commission. The fact that certain special purpose leases were originally granted a concessionary premium does not affect the amount of Government rent to be charged.
Paragraph 3 of Annex III to the Joint Declaration provides that Government rent at 3% of the rateable value from time to time is also charged after 30 June 1997 on new leases that are granted from the entry into force of the Joint Declaration until 30 June 1997. These new leases include special purpose leases which are granted a concessionary premium and the lessees are required to pay the new Government rent.
As the Administration promised to the Bills Committee meetings, I would like to assure Members that persons who have lodged objections under the Bill or the Rating Ordinance will be informed of the reasons for the decisions of the Commissioner of Rating and Valuation on their objections and that the information to be sought by the Commissioner by virtue of clause 31(1)(a) of the Bill will only be for the purposes of the Bill.
Mr President, with these remarks, I recommend the Bill to this Council subject to the amendments I shall move at the Committee stage.
Question on the Second Reading of the Bill put and agreed to.
兵ㄒ弄ぇ某肈竒窖∕莉硄筁
Bill read the Second time.
兵ㄒ竒筁弄
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
ㄌ沮穦某盽砏材43兵材(1)蹿砏﹚盢兵ㄒ〆ぉ砰〆穦糵某
PATENTS BILL
盡兵ㄒ
Resumption of debate on Second Reading which was moved on 10 July 1996
確せるら笆某弄臛阶
MR AMBROSE LAU: Mr President, I speak in my capacity as the Chairman of the Bills Committee on the Patents Bill. The Bill seeks to give effect to the proposals in the Patent Steering Committee Report relating to the establishment of a new law on patents. The Bills Committee has held 11 meetings with the Administration. It has met with the Law Society of Hong Kong and has received a submission each from the Hong Kong Institute of Trade Mark Practitioners and the Hong Kong Bar Association. All major concerns raised by organizations which the Administration had consulted on the Patent Steering Committee Report and on the draft Bill have been considered by the Bills Committee. I shall highlight the main issues deliberated by members.
The Bill empowers the Governor in Council to designate a patent office established outside Hong Kong such that the patents granted in that office for an invention may be used as the basis for the grant of a patent for the same invention in Hong Kong. The patent offices to be designated include the United Kingdom Patent Office, the Chinese Patent Office, and the European Patent Office in respect of patents designating the United Kingdom. Some members have queried the reasons for designating the Chinese Patent Office but not the United States Patent Office given the differences in the legal systems between China and Hong Kong. The Administration's explanations are that in considering designating the proposed three Patent Offices, it has taken note of their reputation, the similarity of the patent systems, the high level of trade between Hong Kong and these countries, strong links between China and Hong Kong, and the need to provide sufficient choice to users of the system. Members note that the Patent Steering Committee has given full consideration to the possibility of registering patents from the United States. However, the United States operates on a first-to-invent system as opposed to Hong Kong's first-to-file system. This significant difference precludes the United States Patent Office from being designated. The Chinese system, on the other hand, is a Paris Convention system. Its scope, basic criteria for patentability, eligibility of applicants, term, and priority claims under the Paris Convention are by and large consistent with the European system.
Members may wish to note that the subject of short-term patents has been the focal point of deliberations of the Bills Committee. Members have considered in depth the need for a short-term patent system and its proposed features. In discussing the proposal of a short-term patent system, Members have made reference to overseas jurisdictions which have a similar system in the form of petty patents or utility model patents, in particular, the Australian petty patent system. Both the Law Society and the Institute of Trade Mark Practitioners welcome the introduction of a short-term patent system in Hong Kong. The Law Society considers it a worldwide trend to provide a quick and relatively easy way of patent protection for inventions for businesses which make products with a short commercial life. The Bar, on the other hand, has reservations regarding the introduction of a short-term patent system. It doubts the need to create, alongside standard patents, short-term patents which protect the same subject matters and have the same standards of patentability. In the Bar's view, if a short-term patent system is introduced at all, it should be kept distinct from the standard patent system, require a lower level of inventiveness and cover a restricted scope of subject matters in order to cater for Hong Kong's need.
The Administration has explained to Members that the results of the public consultation exercise have indicated substantial commercial support for the idea of a short-term patent. In recognition of the needs of local businesses which frequently work with products with a short-term market, the Administration considers that the most flexible arrangement for Hong Kong businesses is to have the widest possible range of matters which can be protected by a short-term patent. Standard patents and short-term patents are designed to cater for different types of goods. The Administration expects that few people will apply for both types of patents for the same invention. Taking into account Hong Kong's unique situation, the absence of an acceptable reference base, and subjectivity in determining the level of inventiveness, the Administration does not recommend a lower level of inventiveness for short-term patents.
After establishing the need for a short-term patent system, the Bills Committee then deliberated when a search report should be submitted. A search report gives information on users on the prior art and assists them in assessing the validity of a patent. Both the Law Society and the Institute of Trade Mark Practitioners object to the proposed requirement to submit a search report at the point of application. They are of the view that the high costs of preparing a search report will discourage the use of the system by small businesses, defeating its very purpose to give a quick and cheap means of protection to local inventors. The Law Society and the Institute suggest that an applicant for a short-term patent should only be required to submit a search report prior to initiating proceedings against an infringer. Their view, however, is not shared by the Bar which considers it reasonable to require the submission of a search report in filing an application. The Administration has clarified that the reason behind the proposed requirement is to prevent abuse to restrict third party use. The Administration, nevertheless, acknowledges the concern about the cost of a search report. Noting that Australia is considering revising its system such that a petty patent is granted after a formality examination only, the Administration discussed the matter further with the two legal professions and the Institute of Trade Mark Practitioners and then modifies its proposal such that only a formality examination will be conducted on an application and a search report is to be filed before grant of a short-term patent. Members welcome this revised proposal.
The most contentious issue throughout the deliberations of the Bills Committee has been whether interlocutory injunctive relief should be made available to proprietors of short-term patents. The Bar strongly opposes to making available this remedy which, in its view, provides an easy way by which a short-term patentee can block third parties from entering the market to compete for a product with a short commercial life. On the other hand, the Law Society and the Institute of Trade Mark Practitioners are adamant that it is most crucial for interlocutory injunctive relief to be made available to a short-term patentee to enable him to immediately stop any suspected infringement. Removal of this remedy will render short-term patents effectively worthless. The majority of members of the Bills Committee share the view of the Law Society and the Institute. In arriving at this stance, members have considered the Administration's advice that Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) of the World Trade Organization (WTO) requires all WTO members to make available interlocutory injunctive relief to patent proprietors. Withholding this remedy for short-term patents risk exposing Hong Kong to being challenged at the WTO for failure to comply with the TRIPS Agreement. The Administration has undertaken to review the short-term patent system after its operation for a certain period of time and report the results of the review to Members.
The Bills Committee welcomes the Administration's decision for taking on board a number of suggestions made by members. These include removing the limit of subsidiary claims in respect of an invention and leaving it to the common law to decide on a case-by-case basis as to whether goods in transit fall within the meaning of importation.
Last but not least, on behalf of the Bills Committee, I wish to thank the Administration for its open-mindedness, co-operation, and promptness in providing information to clarify each and every query raised by members in the seven-month deliberations of the Bills Committee. May I also thank the staff concerned of the Legislative Council Secretariat for providing efficient support in the course of the scrutiny of this complex Bill. Subject to the Committee stage amendments to be moved by the Administration, I commend this Bill to Members.
MISS MARGARET NG: Mr President, Hong Kong needs to set up its own system for the protection of patents after 1 July. The Patents Bill which is the instrument to achieve this purpose, therefore, has to be passed before that date, and I support that.
However, the Bill also seeks to create something new. Something Hong Kong has never had before, and that is the creation of a system of "Short-Term Patents".
Not only is this new to Hong Kong, but it is unlike anything in any other part of the world. First, in terms of what can be patented, there is no difference between the standard patent and short term patent.
However, unlike standard patent, it is an unexamined system. All you have to do for registration is to meet certain formal requirements, including the filing of a search report. In other words, you do not have to prove that the invention you want to patent is inventive, or that you are the rightful innovator. But once registered, you get the same protection as standard patent owners. The only difference is that under the standard patent, your right is for a longer period; whereas under the short-term patent, you enjoy the right for eight years.
Moreover, there is nothing in the Bill to prevent anyone from applying for both a standard patent and a short-term patent at the same time in respect of the same invention. While your application for a standard patent is being examined with all the usual high standards, you can already enjoy all the rights under a short term patent without having to prove anything.
Mr President, the Bills Committee is told by the industry and those representing it that short-term patents will greatly enhance commerce and industrial developments in Hong Kong and is very good for business. Let us assume that this is entirely true.
However, the Bar is very concerned about the potential for abuse of such an unexamined system. This is particularly because under the Bill, every remedy available to the examined, standard patent is also available to the unexamined short-term patent. This includes interlocutory injunction which, in the experience of practitioners in the field, may be obtained on superficial proof.
If the matter comes to trial, then of course a wrongfully obtained injunction may be discharged with the penalty of costs and damages. But, again as a matter of experience, very few of these matters ever arrive at the point of trial. Commercial consideration would drive even a wrongfully sued defendant to settle. Against this reality, the provision of speedy trail is more illusory than real.
As the Bar envisages, small businesses will be the most vulnerable to this abuse. We cannot refrain from speaking out on this potential loophole for injustice.
There must be a balance somewhere. In the Bills Committee, I have argued that it is for this reason that the short-term patent is unsatisfactory. I have also stated that I would be less worried if an amendment can be made to remove the remedy of interlocutory injunction from short-term patents. However, it is argued for the other side that, without interlocutory injunction, a short-term patent will be almost worthless. Those rightfully owning patentable inventions will be without effective remedy.
It is therefore an "all or none" situation with short-term patents.
Mr President, I am relieved to hear that those representing the Administration do not regard my concerns as unreasonable or far-fetched. They have agreed that the operation of short-term patents be kept under review, particularly with respect to the use of interlocutory injunctions. They will note how many applications are made and granted, and of these how many proceed to trial and with what result, and an evaluation will be made in a year or so. In the meantime, efforts will be made to ensure the court is fully informed of the nature of short-term patents. In the Administration's reply today, I hope these pledges will be confirmed. I cannot say that these assurances fully meet my concern or effectively prevent abuse. However, if we were to take time to search for an answer to short-term patents satisfactory to all, this will mean a substantial delay to the Bill, and that, Mr President, we cannot afford.
It is in these circumstances that I support the Second Reading of the Bill. But I wish to put on record the misgivings which I share with the Bar, and the promise of the Administration to keep the matter under review.
Thank you, Mr President.
SECRETARY FOR TRADE AND INDUSTRY: Mr President, I am most grateful to the Chairman, the Honourable Ambrose LAU, and members of the Bills Committee for examining and giving us advice on the Patents Bill in the most meticulous and professional manner.
The Committee has met 11 times since last November and has put forward many constructive suggestions which the Government has been pleased to adopt. As I have explained to this Council before, a patent gives an inventor an exclusive right to exploit his invention within a said term. It protects and therefore encourages technical innovation. In exchange for the patent protection the inventor has to disclose his new technology. As such, a patent system also facilitates technology transfer.
The new patent system set out in the Bill will preserve the well-recognized virtues that the existing United Kingdom-based regime already offers. It will also bring us three additional advantages. Firstly, while still requiring applicants for standard patents to complete their substantive search and examination requirements at reputable designated patent offices elsewhere, our Registrar of Patents will be able to administer the patent once granted independently of the status of that patent in the relevant designated patent office. Once granted in Hong Kong, each patent will be capable of being tested for validity, amended, revoked and enforced in the Hong Kong courts in accordance with Hong Kong law.
Secondly, we plan to designate three patent offices to facilitate applications for standard patents in Hong Kong. They are the Chinese Patent Office, the United Kingdom Patent Office and the European Patent Office designating the United Kingdom. The new system will, therefore, provide more choice to applicants while maintaining continuity with the existing system. I am grateful to the Honourable Ambrose LAU just now for explaining so succinctly to this Council why the Administration does not consider it appropriate to designate the United States Patent Office.
Thirdly, the new system offers a new form of protection. Other than the grant of standard patents covering protection of up to 20 years, we will grant short-term patents of up to eight years. Interlocutory injunction will be allowed as a remedy against infringement of short-term patents.
Mr President, the Honourable Ambrose LAU has just explained to this Council the Bills Committee's concern and deliberations about the propriety of short-term patents, the justifications for allowing interlocutory injunction as a remedy against infringement and the timing for submission of search reports for short-term patent applications. The Honourable Miss Margaret NG also spoke on this subject just now. I think it would be appropriate for me to explain the Government's thinking on these matters in a little more detail.
The purpose of providing short-term patents is to allow proprietors of inventions with a short-term commercial life to have recourse to a quicker and less costly form of patent protection as compared with standard patents. The need for doing so was identified by the Patents Steering Committee which recommended that the Registrar of Patents should grant a short-term patent upon completion of a formality examination only. The Government has accepted this recommendation. The Government's position is strongly supported by the professional bodies with the exception of the Bar as well as the business sector. Here I would like to state for the record that in recent years, a trend to non-examination systems can be seen being practised more and more widely. In this connection, I refer to Australia's practice in respect of innovation patents. I also refer to the practice in mainland China in respect of utility models, as well as the practice adopted in Japan.
However, the absence of a requirement for substantive search and examination for short-term patents has raised concern about possible abuses. Accordingly, we have included four specific safeguards in the Bill. The first safeguard is to require an applicant to file with the Registrar before grant and publication of the short-term patent a search report made by a prescribed searching authority. This search report will give information to users on whether the short-term patent under application is new or in technical terms a prior art. A second safeguard is to clarify in the Bill the fact that a short-term patent has been registered shall be of no account in any proceedings before a court for the enforcement of rights conferred under the ordinance to be enacted. This means that the onus always rests on the plaintiff or the patent owner to prove that his patent is a valid one.
The third safeguard is to stipulate that if an interlocutory injunction is made, the defendant may apply to the court for the matter to proceed to early trial. This would minimize the defendant's damage pending trial. The fourth safeguard is to provide a civil remedy for groundless threats of infringement proceedings. Any person aggrieved by the threats may bring proceedings in the court against a person making the threats for relief, including damages, declaration that the threats are unjustifiable and injunction against a continuance of the threats.
Some members of the Bills Committee have also suggested that interlocutory injunction may be too powerful a remedy against infringements of short-term patents which are granted without substantive examination. We have consulted the relevant professional bodies again and reviewed the issue very seriously. We remain convinced that interlocutory injunction should be an integral part of the system for a number of reasons. First of all, we consider that without the remedy, the convenience and attractiveness of the short-term patent system would be seriously undermined. The Law Society and the Institution of Trade Marks Practitioners have both confirmed this view.
Secondly, we note that the principles for the grant of interlocutory injunctions are authoritatively laid down in the House of Lords case American Cyanamide v. Athecon. A key guiding principle, for example, is that the action must not be frivolous or vexatious. Further, if granted an interlocutory injunction, the plaintiff must give a cross-undertaking to the court to pay the defendant damages if he is unsuccessful at full trial. There are also practice directions issued by the Chief Justice relating to the practice and procedures of the application of interlocutory injunctions.
Thirdly, under the agreement on Trade-Related Intellectual Property Rights (or TRIPS, in short) all members of the World Trade Organisation, including Hong Kong, are required to make available provisional measures to prevent an infringement of any intellectual property right from occurring and to preserve relevant evidence in regard to the alleged infringement. We are providing for this remedy in respect of standard patents. On legal policy grounds, we believe we should extend this remedy to cover short-term patents as well.
With regard to the undertaking sought by the Honourable Miss Margaret NG just now, I am happy to give this undertaking that the Administration will review the provisions for interlocutory injunctions a year after the new law coming into effect to see if there are indications that this form of remedy is being abused. I should also like to say we are happy to take on board other constructive suggestions from the Bills Committee in this particular regard.
Mr President, I would now like to turn to a number of other issues addressed by the Bills Committee and to which I shall propose amendments at Committee stage. The first issue relates to control of goods in transit. Initially, we considered that, from a trade policy angle, goods in transit should not be considered to be import for the purpose of clause 73 in the Patents Bill relating to civil infringement action. Given Hong Kong's free port status and the huge volume of goods into and transit through Hong Kong on a daily basis, our view then was that there should be no unwarranted interference with the flow of trade.
However, the Law Society, the Hong Kong Institute of Trade Marks Practitioners and some members of the Bills Committee have made strong representation to us, pointing out that patent owners should have the right to take civil action in respect of goods in transit. They have also advised that there should be no specific exclusion of goods in transit but that the question should be left to the common law and the courts to develop. We accept that taking out the exclusion clause will enhance the integrity of our patent protection regime without necessarily compromising the free flow of goods. I will accordingly propose a Committee stage amendment to delete the exclusion clause in clause 73(2) .
The second issue relates to timing for the submission of search reports for short-term applications which the Honourable Ambrose LAU also referred to just now. While agreeing that an applicant for short-term patents should submit a search report before grant, some members of the Bills Committee have asked whether the applicant would have practical difficulty in securing such report at the time of application and whether there would be scope for flexibility.
We have reviewed the relevant provisions in the Bill and can confirm that the proposed system will allow the search report to be submitted any time before grant, rather than at the time of filing an application. Clause 119 of the Bill also provides an option for an applicant to request for deferral of the grant of a short-term patent for a maximum period of six months after the date of filing an application. To provide additional flexibility, I will propose a Committee Stage amendment to extend this deferral period to 12 months. This will effectively allow the applicant six more months if he so wishes to complete his formalities.
The third issue is about the procedural arrangements for international applications for short-term patents. The Patents Bill already contains a provision to deal with international applications for standard patents provided for under the Patent Co-operation Treaty. For completeness and upon clarification
with our counterparts in the Chinese Patent Office, we will add a new provision to make it clear that our short-term patent system will also be able to deal with international applications seeking utility model protection in the Mainland provided that these applications comply with all requirements relating to local short-term patents as set out in the Bill. I will again propose the necessary amendment at Committee stage.
Mr President, the Patents Bill laid before the Council this afternoon will enable Hong Kong to develop a modern patent protection regime that is compatible with international standards in all respects. Subject to its enactment, I will return to this Council to invite it to approve a series of subsidiary legislation to facilitate the administration of the new system. The task ahead of us, especially colleagues in the Intellectual Property Department, is pressing and most challenging, but we are all geared up for that. We look forward to the target commencement of the new Hong Kong patent system towards the latter part of June. In anticipation, I would like to thank the Patents Bill Bills Committee and this Council once again for helping to make this possible.
With these remarks, I commend the Patents Bill to this Council subject to the amendments I shall move at Committee stage.
Question on the Second Reading of the Bill put and agreed to.
兵ㄒ弄ぇ某肈竒窖∕莉硄筁
Bill read the Second time.
兵ㄒ竒筁弄
Bill committed to a Committee of the whole Council pursuant to Standing Order 43(1).
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Committee Stage of Bills
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Council went into Committee.
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GOVERNMENT RENT (ASSESSMENT AND COLLECTION) BILL
蝶︳の紉Μ兵ㄒ
Clauses 1, 2, 4, 6 to 11, 13, 15, 16, 18, 19, 23 to 26, 29 to 35, 38, 40, 41, 43, 44, 46, 47 and 48
兵ㄒ材1246︓11131516181923︓2629︓3538404143444647の48兵
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Chairman, I move that the clauses specified be amended as set out in the paper circularized to Members. As I explained earlier, most of the amendments are technical in nature. I would, however, highlight a number of the amendments.
Clause 1 has been amended to allow the Ordinance to come into operation when gazetted. Clause 2 has been amended to allow for better interpretation of the Bill by adding a number of definitions. Clause 4 has been amended to better set out the exemption criteria. Clause 8 has been amended to deem the rateable value of a tenement, if not exceeding the minimum rateable value, to be $1. Clauses 10 and 11 have been expanded to make it clear that the Governor may direct the Commissioner of Rating and Valuation to prepare a new Government Rent Roll or a part of the Government Rent Roll.
Clause 16, as suggested by the Bills Committee, has been reworded to make clear that it is the entry in the government rent roll and its rateable value that can be objected to or appealed against. Clause 38, as suggested by Members, has been amended to show, by reference to a schedule, the covenants and conditions in a lease which are to be overridden by the Bill. Clause 43 has been amended to provide that the period in which complaints can be made is reduced from six years to one year. The process of raising an interim valuation of the tenement takes up to one year to be completed and the complaint period is to be at least to match this.
Clause 44, as suggested by the Bills Committee, has been amended to allow the Commissioner of Rating and Valuation to delete the rateable value and make an interim valuation of where a person is convicted of an offence under the Bill. The wording of clause 46 has been tightened up as suggested by the Bills Committee. The clause now relates to an inadvertent misnomer. We agreed to the Bills Committee's suggestion that clause 47 should be deleted. Clause 48, as suggested by the Bills Committee, has been expanded to remove ambiguity and to ensure that the printing of a name of an authorized person as duly authorized by the Commissioner.
These amendments have been made known to members of the Bills Committee who have not raised any objection. Thank you, Mr Chairman.
Proposed amendments
览某タず甧
Clause 1
兵ㄒ材1兵
That clause 1 be amended
(a) in the heading, by deleting "and commencement".
(b) by deleting subclause (2).
Clause 2
兵ㄒ材2兵
That clause 2 be amended
(a) in the definition of "Government Rent Roll", by adding ", and includes part of the roll" after "values".
(b) in the definition of "lease" -
(i) by adding "is" before "granted";
(ii) by deleting "and a lease within the meaning of section 8(1) of the Crown Rent and Premium (Apportionment) Ordinance (Cap. 125)".
(c) in the definition of "rateable value" -
(i) in paragraph (a), by deleting "for an identical tenement,";
(ii) in paragraph (b), by deleting "assessed" and substituting "ascertained".
(d) in the definition of "resite house grant", by adding "or to a tso or tong" after "villager".
(e) in the definition of "returned requisition", by deleting ", owner" and substituting "or the owner".
(f) in the definition of "small house holding" -
(i) by deleting "holding" and substituting "grant";
(ii) by deleting ")" and substituting "у)".
(g) by adding -
""comprised" () means wholly or partly comprised;
"exemption from liability to pay Government rent" (煤ユ猭砫ヴ僚) means the exemption from liability to pay Government rent under section 4, and "exempted from liability to pay Government rent" (莉僚煤ユ猭砫ヴ) shall be construed accordingly;
"minimum rateable value" (程莱揭畉昏) means -
(a) for the first Government Rent Roll, $3,000;
(b) for subsequent Government Rent Rolls, the amount prescribed by resolution of the Legislative Council for the purposes of section 36(1)(l) of the Rating Ordinance (Cap. 116);
"mortgage (处), in relation to any interest held under an applicable lease, includes a charge in respect of that interest;
"mortgagee in possession" (恨Τ┯) means a person who in the right of a mortgage has entered into and is in possession of the interest subject to the mortgage;
"rates" (畉昏) means the rates within the meaning of the Rating Ordinance (Cap. 116);
"Regional Council area" (跋办カ現Ы烈跋) has the meaning assigned to it under the District Boards Ordinance (Cap. 366);
"section" (琿) means any portion or division of a lot, which portion or division has been assigned, alienated or retained for the whole of the term or interest created by the lease of the lot by or under the terms of an instrument registered in the Land Registry;
"small house holding" () means land held under a small house grant;
"specified form" () means a form specified by the Commissioner under section 34(2);
"Urban Council area" (カ現Ы烈跋) has the meaning assigned to it under the District Boards Ordinance (Cap. 366);".
Clause 4
兵ㄒ材4兵
That clause 4(1) be amended
(a) by deleting "An" and substituting "Subject to other provisions of this section, an".
(b) by deleting "in land".
(c) in paragraph (b), by adding "or" at the end.
(d) in paragraph (c)(ii), by adding "or" at the end.
(e) by deleting paragraph (ii) and substituting -
"(ii) which -
(A) has not since its ceasing to be held by the indigenous villager been conveyed to any person who is not a lawful successor in the male line of the indigenous villager; and
(B) continues to be held by a person who is a lawful successor in the male line of the indigenous villager.".
That clause 4(2) be amended
(a) by deleting "as provided for in subsection (1) applies to an interest that is an undivided share in land and to a section in a lot" and substituting "under subsection (1) or (1A) applies to an interest that is a section of or an undivided share in the land leased".
(b) by deleting "after a subsequent transaction in relation to the land" and substituting "or the eligible tso or tong, as the case may be, after a subsequent transaction in relation to the land leased".
That clause 4(3) be amended
(a) by deleting "as provided for in subsection (1) applies" and substituting "under subsection (1) or (1A) applies to an interest that is a section of or an undivided share in the land leased".
(b) by deleting "in the lot" and substituting "of".
(c) by deleting everything after "land leased" and substituting "not being exempted from liability to pay Government rent.".
That clause 4(4) be amended
(a) by deleting "An" and substituting "Subject to other provisions of this section, an".
(b) by deleting "in land".
(c) by deleting everything after "rural holding" and substituting -
"or a resite house grant that an eligible tso or tong held on 30 June 1984 and has since 30 June 1984 continued to be so held.".
(d) by renumbering it as clause 4(1A).
That clause 4 be amended, by deleting subclause (5) and substituting
"(5) Subject to subsections (2) and (3), an exemption from liability to pay Government rent under subsection (1) or (1A) does not apply to an interest held under an applicable lease, unless all other interests held under that applicable lease (excluding any interest held by way of a mortgage but including any interest held by a mortgagee in possession) is -
(a) held by 1 or more eligible indigenous villagers, or by 1 or more eligible tsos or tongs, or by any combination of both; and
(b) exempted from liability to pay Government rent under subsection (1) or (1A).
(5A) Subject to subsections (2) and (3), an exemption from liability to pay Government rent under subsection (1) or (1A) does not apply to an interest held under an applicable lease that is held by more than 1 holder (excluding a holder holding the interest by way of a mortgage but including a holder holding the interest as a mortgagee in possession), unless -
(a) each of such holders is either an eligible indigenous villager or an eligible tso or tong; and
(b) the interest so held in so far as each of such holders is concerned would, apart from this subsection, have been exempted from liability to pay Government rent under subsection (1) or (1A).".
That clause 4(6) be amended
(a) by adding "in respect of an interest held under an applicable lease" after "Government rent".
(b) by deleting "ownership of an interest under a lease" and substituting "the interest".
(c) in paragraph (a), by deleting "under his ownership" and substituting "from liability to pay Government rent in respect of the interest".
(d) in paragraph (b) -
(i) by deleting "held under the lease";
(ii) by deleting "for exemption" and substituting "for the exemption".
That clause 4(7) be amended
(a) by adding "an interest held under" before "an applicable lease".
(b) by adding "in respect of that interest" after "the rent payable".
That clause 4(8) be amended
(a) by adding "held" after "an interest".
(b) by deleting "his interest" and substituting "the interest held".
(c) by adding "from liability to pay Government rent" after "exemption".
That clause 4(9) be amended, by deleting "applies to an interest held under a" and substituting "from liability to pay Government rent applies to an interest held under an applicable".
That clause 4 be amended, by adding
"(12) (a) For the purposes of subsections (2) and (3), a reference to an undivided share in relation to any land leased shall be regarded as a reference to an undivided share in a lot comprised in the land leased, the owner of which share is, as between himself and the owners of the other undivided shares in that lot, entitled under the terms of an instrument registered in the Land Registry to the exclusive possession of any part of any building erected on the lot or of any part of the lot.
(b) For the purposes of this section, a reference to an eligible indigenous villager shall, in relation to an interest held under an applicable lease, be a reference to a person who -
(i) is an indigenous villager; and
(ii) in relation to that interest, is the lawful successor in the male line of an indigenous villager holding the interest on 30 June 1984.
(c) For the purposes of this section, a reference to an eligible tso or tong shall be a reference to a tso or tong -
(i) which is a tso or tong recognized as such under Chinese custom;
(ii) all members of which have been on and since 30 June 1984 indigenous villagers; and
(iii) in respect of which prescribed certificates, reports and information have been submitted in accordance with the regulations.".
Clause 6
兵ㄒ材6兵
That clause 6(1) be amended
(a) by deleting "The" and substituting "Subject to section 4, the".
(b) by deleting "Government rent to the Commissioner each year" and substituting "by way of Government rent to the Commissioner in accordance with this Ordinance an annual rent".
(c) by deleting everything after "the land leased" and substituting a full stop.
That clause 6(2)(a) be amended, by deleting "will" and substituting "is required to".
That clause 6(2)(b) be amended, by deleting "calculated" and substituting "ascertained".
That clause 6(2)(d) be amended
(a) by adding "subject to any specific provisions of this Ordinance," before "any refund".
(b) by deleting "tenement" and substituting "land leased".
That clause 6(3)(b) be amended, by deleting "under section 4" and substituting "from liability to pay Government rent".
That clause 6(3)(c) be amended, by deleting "a contractual" and substituting "an express".
That clause 6(5)(b) be amended, by deleting "erected on" and substituting "comprised in".
That clause 6(5) be amended
(a) by deleting "紉Μ" where it twice appears and substituting "璶―煤ユ".
(b) by deleting "┮紉Μ" and substituting "┮璶―煤ユ".
(c) by deleting "紉Μヴ︙" and substituting "璶―煤ユヴ︙".
That clause 6(6) be amended
(a) by deleting "erected on" and substituting "comprised in".
(b) by adding "express" after "is an".
That clause 6(7) be amended, by adding after "the lessee"
"even if any agreement between the lessee and the person contains a general prohibition against the setting off of monies owed against or deduction of monies owed from any monies, including rental payments, payable under the agreement".
That clause 6(8) be amended
(a) by deleting "not required to repay" and substituting "required to refund".
(b) by deleting "except in refund of Government rent paid" and substituting "in respect of a tenement".
That clause 6(11) be amended, by adding "Government" after "to refund".
Clause 7
兵ㄒ材7兵
That clause 7 be amended
(a) by renumbering it as clause 7(1).
(b) by adding -
"(2) The rateable value of the land leased under an applicable lease or of any tenement comprised in the land leased can be ascertained by reference to the rateable value set out in respect thereof in -
(a) the Government Rent Roll; or
(b) if an interim valuation has been made, the notice of interim valuation,
and the rateable value so set out in the Government Rent Roll or the notice of interim valuation, as the case may be, shall, subject to other provisions of this Ordinance, be regarded as the rateable value of the land leased or the tenement, as the case may be.".
Clause 8
兵ㄒ材8兵
That clause 8(1) be amended
(a) by adding "comprised therein" after "tenement".
(b) by deleting "determine" and substituting "ascertain".
That clause 8(2) be amended, by deleting "assessment" and substituting "ascertainment".
That clause 8 be amended, by adding
"(3) For the purpose of this Ordinance, where the rateable value of a tenement does not in the opinion of the Commissioner exceed the minimum rateable value, the rateable value of the tenement shall be deemed to be $1.".
Clause 9
兵ㄒ材9兵
That clause 9(2) be amended
(a) by deleting "the land leased" and substituting "any land leased under an applicable lease".
(b) by deleting "赣" and substituting "赣".
That clause 9(3) be amended, by deleting "the land leased" and substituting "any land leased under an applicable lease".
That clause 9(4) be amended
(a) by deleting "the land leased" and substituting "any land leased under an applicable lease".
(b) by deleting "determine the rateable value" and substituting "ascertain the rateable value".
Clause 10
兵ㄒ材10兵
That clause 10(1)(a) be amended, by deleting everything after "prepare" and substituting
",in respect of the rateable values of tenements comprised in land leased under an applicable lease which are situated in the Urban Council area or of such tenements situated in the Regional Council area or of both, a new Government Rent Roll or any new part of a Government Rent Roll, whether or not by way of replacement of an existing Government Rent Roll or any part of an existing Government Rent Roll, in accordance with section 11; and".
That clause 10(1)(b) be amended
(a) by deleting "roll" and substituting "Government Rent Roll or that new part of the Government Rent Roll, as the case may be".
(b) by deleting "tenements in the Urban Council area or Regional Council area" and substituting "any of the tenements".
Clause 11
兵ㄒ材11兵
That clause 11(1) be amended
(a) by adding "or a part of a Government Rent Roll, as the case may be," before "containing".
(b) in paragraph (a), by deleting everything after "every tenement" and substituting -
"the rateable value of which has been ascertained for the purposes of the Government Rent Roll or the part of the Government Rent Roll, as the case may be, which he is directed to prepare under section 10; and".
(c) in paragraph (b), by deleting everything after "of the rateable value" and substituting "ascertained under section 9 where the tenement is situated partly on land leased under an applicable lease.".
That clause 11 be amended, by deleting subclause (2).
That clause 11(3) be amended
(a) by adding "and" after "lease".
(b) by deleting "payment of" and substituting "liability to pay".
That clause 11(4) be amended, by adding ", subject to any such determination," after "and may".
That clause 11(6)(a) be amended, by deleting "Rolls" and substituting "Roll".
That clause 11(8) be amended, by deleting "in land".
That clause 11(9) be amended, by deleting "in the rent roll".
Clause 13
兵ㄒ材13兵
That clause 13(1)(a) be amended, by deleting "Rolls" where it twice appears and substituting "Roll".
Clause 15
兵ㄒ材15兵
That clause 15(3) be amended, by adding "Government" before "rent or the imposition".
Clause 16
兵ㄒ材16兵
That clause 16 be amended, by deleting subclause (1) and substituting
"(1) Subject to subsection (2), a person may object to, make a proposal on, or appeal against, an entry in the Government Rent Roll, including the rateable value ascertained under this Ordinance.".
That clause 16(2) be amended
(a) by deleting "amount of an assessment" and substituting "rateable value of a tenement recorded in the Government Rent Roll".
(b) by deleting "his tenement recorded in the Government Rent Roll" and substituting "the tenement".
That clause 16 be amended, by deleting subclause (3).
Clause 18
兵ㄒ材18兵
That clause 18(2) be amended
(a) by deleting "other than rateable value" and substituting ", other than rateable value, made in respect of an identical tenement in the Valuation List".
(b) by adding "to be made in respect of the identical tenement" after "same alterations".
That clause 18 be amended, by deleting subclause (4).
That clause 18 be amended, by deleting subclause (5) and substituting
"(5) The Commissioner may make an appropriate amendment to the Government Rent Roll where he has altered the entry of a corresponding tenement, which is not an identical tenement, in the Valuation List as a result of a correction, deletion, interim valuation, objection, proposal or appeal under the Rating Ordinance (Cap. 116).".
Clause 19
兵ㄒ材19兵
That clause 19(1)(b) be amended, by adding "and" at the end.
That clause 19(3) be amended, by adding "Government" after "surcharges on".
Clause 23
兵ㄒ材23兵
That clause 23(2) be amended, by deleting "in land".
Clause 24
兵ㄒ材24兵
That clause 24(2) be amended, by adding "is not included, but" before "should".
That clause 24(5) be amended, by deleting "interest in an applicable lease" and substituting "interest held under an applicable lease".
That clause 24(6) be amended
(a) by deleting ""lessee, owner or occupier" (┯局Τ┪ノ)" and substituting ""the lessee or the owner or occupier" (┯┪局Τ┪ノ)".
(b) by deleting "the lessee, owner or occupier" and substituting "the lessee or the owner or occupier".
That clause 24(7) be amended, by deleting everything after "payable" and substituting
"(the "effective date of deletion") is -
(a) subject to paragraph (c), for a tenement where the effective date of deletion is prescribed by regulations made for the purposes of this section, the effective date so prescribed;
(b) subject to paragraph (c), for any other tenement, the date on which the notice of the deletion could have first been served had the Commissioner proposed so to do; or
(c) the date the Commissioner may determine in any particular case.".
That clause 24(8) be amended
(a) by deleting "(the "effective date")" and substituting "(the "effective date of interim valuation")".
(b) in paragraphs (a) and (b), by adding "subject to paragraph (c)," at the beginning.
(c) in paragraph (a) -
(i) by deleting "must be determined in accordance with" and substituting "of interim valuation is prescribed by".
(ii) by deleting "a date that is so determined" and substituting "the effective date so prescribed".
That clause 24(9) be amended
(a) by deleting "subsection (8)(a)" and substituting "subsections (7)(a) and (8)(a)".
(b) in paragraphs (b) and (c), by adding "of deletion or the effective date of interim valuation" after "effective date".
(c) in paragraph (d), by adding "a deletion or" before "an interim valuation".
Clause 25
兵ㄒ材25兵
That clause 25(1)(b) be amended, by adding "or" at the end.
That clause 25(2) be amended, by deleting "do agree" and substituting "so agree".
Clause 26
兵ㄒ材26兵
That clause 26(2)(a) be amended
(a) by deleting "interest in an applicable lease" and substituting "interest held under an applicable lease".
(b) by adding "from liability to pay Government rent" after "exemption".
Clause 29
兵ㄒ材29兵
That clause 29(5) be amended, by deleting "ぃ" and substituting "礚猭".
Clause 30
兵ㄒ材30兵
That clause 30(4) be amended, by adding "but" after "subsection (1)".
That clause 30(5) be amended, by adding "but" after "subsection (1)".
Clause 31
兵ㄒ材31兵
That clause 31(1)(a) be amended, by adding "comprised in land leased under the applicable lease" after "tenement".
That clause 31(1)(b) be amended
(a) by adding "comprised in land leased under the applicable lease" after "a tenement".
(b) by deleting "the tenement" and substituting "the interest held under the applicable lease or the tenement, as the case may be".
That clause 31(1)(c) be amended
(a) by deleting "to make copies of" and substituting "for making copies".
(b) by deleting "tenement," and substituting "interest held under the applicable lease or the tenement, which have been".
That clause 31(1)(d) be amended
(a) by deleting "the tenement or of the lessee" and substituting "a tenement comprised in land leased under an applicable lease or of the lessee of the applicable lease".
(b) by deleting "a tenement" and substituting "the tenement".
(c) in subparagraphs (i) and (iv), by deleting "interest in the applicable lease" and substituting "interest held under the applicable lease".
(d) in subparagraph (i), by adding "莱揭畉昏" after "舦痲".
(e) in subparagraph (iii), by deleting "ゼ" and substituting "⊿Τ".
(f) in subparagraph (iv), by adding "︳基" after "舦痲".
That clause 31(2) be amended
(a) by deleting "the tenement under" and substituting "a tenement under".
(b) by deleting "lessee, owner" and substituting "lessee of the applicable lease, or the owner".
(c) by deleting "tenement for the" and substituting "land or the tenement, as the case may be, for the".
(d) by deleting "during day-light".
(e) by deleting "and tenement" and substituting "or the tenement, as the case may be,".
(f) by adding "┪莉︳基竝甭舦" before "".
That clause 31(3) be amended, by deleting "lessee, owner or occupier of the tenement" and substituting "lessee of the applicable lease, or the owner or occupier of the tenement, as the case may be,".
Clause 32
兵ㄒ材32兵
That clause 32(1) be amended, by adding "under section 31(1)(a)" after "on him".
That clause 32(2) be amended, by deleting "The" and substituting "Upon an application to him under subsection (1), the".
Clause 33
兵ㄒ材33兵
That clause 33 be amended, by deleting "interest in an applicable lease held" and substituting "interest held under an applicable lease".
Clause 34
兵ㄒ材34兵
That clause 34(1) be amended
(a) in paragraphs (a), (b), (f) and (g), by deleting "determining" and substituting "ascertaining".
(b) in paragraphs (a) and (b), by deleting "interests in applicable leases" and substituting "interests held under applicable leases".
(c) in paragraph (d), by deleting "of the assessment".
(d) in paragraph (f), by deleting "a partial re-development" and substituting "a development or a partial development or a redevelopment or a partial redevelopment".
(e) in paragraph (h), by adding "a deletion and of" after "effective date of".
(f) in paragraph (i), by deleting everything after "Government rent for" and substituting "tenements and interests held under applicable leases with rateable values not exceeding the minimum rateable value;".
(g) by adding -
"(ja) submission of certificates, reports and information in connection with eligibility for exemption from liability to pay Government rent;
(jb) prescribing any matter or thing which is referred to in this Ordinance as prescribed;".
Clause 35
兵ㄒ材35兵
That clause 35(2) be amended
(a) by deleting "sufficient".
(b) by adding "there being" before "any arrears".
Clause 38
兵ㄒ材38兵
That clause 38 be amended
(a) in the heading, by deleting ", etc., over-ridden" and substituting "overridden".
(b) by deleting subclause (1) and substituting -
"(1) (a) Subject to paragraph (b), this Ordinance and regulations made under this Ordinance override the covenants and conditions (however described) under an applicable lease that are in all material particulars to the like effect as any of the covenants and conditions set out in Parts I and II of the Schedule.
(b) For so long as an interest held under an applicable lease is exempted from liability to pay Government rent, the rent which would apart from this section have been payable in respect of that interest under the applicable lease shall remain payable and shall be so payable in the same manner as such rent would have been payable under the applicable lease.".
That clause 38(2) be amended
(a) by deleting "in a covenant" and substituting "in or of a covenant".
(b) by deleting "over-ridden by this Ordinance" and substituting "overridden under this section".
That clause 38(3) be amended
(a) by deleting "over-ridden by this Ordinance" where it twice appears and substituting "overridden under this section".
(b) by deleting "瞷Τ" and substituting "∕┪".
(c) by adding "瞷Τ" before "舦猭".
Clause 40
兵ㄒ材40兵
That Clause 40(a) be amended, by deleting "or".
That clause 40(c) be amended, by deleting "for an interest" and substituting "from liability to pay Government rent for an interest held".
Clause 41
兵ㄒ材41兵
That clause 41(a) be amended, by deleting "or neglects".
That clause 41(b) be amended
(a) by adding "held" after "interest".
(b) by adding "by virtue of section 31(1)(b)" after "required to produce".
That clause 41(c) be amended
(a) by deleting "to copy" and substituting "for making copies".
(b) by adding "held" after "interest".
Clause 43
兵ㄒ材43兵
That clause 43 be amended
(a) in the heading, by deleting "6 years" and substituting "1 year".
(b) by deleting "6 years" and substituting "1 year".
Clause 44
兵ㄒ材44兵
That clause 44(1) be amended
(a) by deleting "delete the rateable value and make an interim valuation of an interest" and substituting ", in respect of an interest held".
(b) by adding "comprised in land leased under an applicable lease, make a deletion from the Government Rent Roll, make an interim valuation, or both," after "tenement" where it first appears.
That clause 44(2) be amended, by deleting everything before "are effective" and substituting
"(2) A deletion and an interim valuation under subsection (1)".
Clause 46
兵ㄒ材46兵
That clause 46 be amended, by deleting the clause and substituting
"46. Inadvertent misnomer
An inadvertent misnomer or misdescription of a person, place, lease or tenement in a document required under this Ordinance does not invalidate the document.".
Clause 47
兵ㄒ材47兵
That clause 47 be amended, by deleting the clause.
Clause 48
兵ㄒ材48兵
That clause 48 be amended, by deleting everything after "required" and substituting
"under this Ordinance or to be given for the purposes of this Ordinance by the Commissioner or a person authorized in writing by him under this Ordinance shall not be invalid solely because the name of the Commissioner or the person so authorized, as the case may be, is, if so authorized by the Commissioner, printed instead of signed therein.".
朝岸穨某璓勉畊兵ㄒ〆穦や砏购吏挂現┮矗Τ闽タи稱虑诀穦莱肅繟某兵ㄒ弄癸〆穦ㄇу蝶篕〆穦矗兜タ畊掉∕粄疉のそ┊秨やΘだτ∕タ肅繟某篕〆穦矗硂兜タ琌笻は羛羘砏﹚
и稱硂睲贰秆睦の〆穦矗Τ闽タ琂礚ヴ︙種瓜ョ礚ヴ︙ㄆ龟沮礚ヴ︙猭だ猂┪瞶沮ㄓ硂贺挡阶タи兵ㄒ弄祇ē〆穦糵某硂兵ㄒ荡场だΘ疭琌ㄇ猭某睲贰瞷莉僚煤ユ畉昏穨舦Τ紉Μ猭ㄌ沮Τ好拜硂好拜琌沮絋﹚莱揭畉昏и眏秸琌絋﹚莱揭畉昏3%ㄓ紉Μ琂礛沮畉昏兵ㄒΤ闽穨舦Τ莉僚煤ユ畉昏セ碞⊿Τ絋﹚莱揭畉昏硂ㄆΤ闽穨Τ蝶︳莱揭畉昏璣ゅ琌"assessed"猭Τ闽穨玱⊿Τ絋﹚璣ゅ琌"ascertained"絋﹚莱揭畉昏狦硂呸胯崩阶杠パ⊿Τ絋﹚莱揭畉昏┮セ⊿Τ猭ㄌ沮⊿Τ絋﹚莱揭畉昏穨舦Τ紉Μ硂琌猭芠翴だ猂㎝蝶阶癚阶筁祘い籔畉昏穨︳基竝......
〆穦畊朝岸穨某琌肅繟某祇ē临琌セ畊掉∕
朝岸穨某и琌肅繟某祇ē癸畊掉∕и礚钵某
〆穦畊祇ēЧ拨セ畊秆睦叫膥尿祇ē
朝岸穨某讽〆穦癚阶筁и-
σ納猭﹚竡よΑ荷秖蛤繦羛羘㎝畉昏兵ㄒ弘ㄓ矗硂某讽礛程沧畊掉∕τ〆穦碙㎝钡畊掉∕ぃ筁и璶坚睲俱癚阶筁祘い礚ヴ︙種瓜礚ヴ︙沮の肅繟某瘤礛〆穦い矗種ǎ俱癚阶い碞猭芠翴よ秆睦の簍枚肅繟某⊿Τヴ︙穝瞶沮婚ジи┮弧阶沮и癸肅繟某さぱ矗硂兜篕稰ア辨の框狙
谅谅畊
〆穦畊セ畊稱ㄢ翴干秆睦闽セ畊掉∕朝岸穨某祇ēい┮矗の肅繟某琘ㄇ阶沮常籔セ畊掉∕ц闽玒材セ畊掉∕Ч籔い璣羛羘礚闽セ畊┮弧琌闽瞷︽翠猭ㄒの瞷Τ琘ㄇ現┎の┯
︓3%紉Μ瞯膀计莱揭畉昏セ畊玥砞ㄌ酚よΑㄓ掉﹚莱揭畉昏沮畉昏兵ㄒ材36(1)兵Τ琘ㄇ穨虫︗琌僚蝶︳畉昏現┎ごΤ舦璹﹚莱揭畉昏┮某某盢紉Μ瞯パ3%︓2%獽穦玻ネ"パそ┊璽踞ぇ"ノ璝盢紉Μパ3%︓2%某Τ"パそ┊璽踞ぇ"現┎琌Τ舦矗︓穦τ笻璉瓣悔┯空玥斗パ現┎セōㄓ┯踞セ畊掉∕闽ㄣΤ"パそ┊璽踞ぇ"硂翴セ畊辨坚睲硂翴疭璶坚睲琌璝盢莱揭畉昏蝶︳琘ㄇよΑτ膀计琌ㄣΤ"パそ┊璽踞ぇ"
肅繟某璓勉畊癸朝岸穨某ボ框狙и稰框狙
и祇ēいи⊿Τ篕иぃ筁蝶阶硂ンㄆ琌笻は羛羘碞硂ンㄆ笷и種ǎ
〆穦糵某兵ㄒи癸硂種ǎΤ┮玂痙祇ē玱⊿Τ矗〆穦いΤ硂贺種ǎ┮иは谋眔框狙
谅谅畊
Question on the amendments put and agreed to.
タぇ某肈竒窖∕莉硄筁
Question on clauses 1, 2, 4, 6 to 11, 13, 15, 16, 18, 19, 23 to 26, 29 to 35, 38, 40, 41, 43, 44, 46, 47 and 48, as amended, put and agreed to.
竒タ兵ㄒ材1246︓11131516181923︓2629︓3538404143444647の48兵ぇ某肈竒窖∕莉硄筁
Clauses 3, 5, 12, 14, 17, 20, 21, 22, 27, 28, 37, 39, 42 and 45 were agreed to.
兵ㄒ材351214172021222728373942の45兵莉眔硄筁
Clause 36
兵ㄒ材36兵
〆穦畊砏购吏挂現の朝岸穨某А箇ボ览碞材36兵笆某タ酚穦某盽砏材25(4)兵セ畊穦叫朝岸穨某笆某ㄤタ
朝岸穨某璓勉畊セ略蝶︳の紉Μ兵ㄒ〆穦笆某兜タ埃兵ㄒ材36兵硂兜タ莉〆穦璓や瞶莱⊿Τㄤ阶
兵ㄒ材36兵ㄤい兜砏﹚琌ヴ︙穨虫︗珹Τ拱縱玥┪發癚ぃ结ぉ猭舦ノ赣穨虫︗ョぃ结ぉ癸赣穨虫︗ヴ︙Α猭﹚穨舦セЫ某﹚穦笵讽Ы癸妮拱穨虫︗紉Μ畉昏ぃ┯粄ㄤ猭﹚︗硂贺暗猭戳у蝶兵ㄒ材36兵盢硂現郸秈˙┑︓紉Μ竒筁硈﹃穦某讽Ы種蝶︳穨虫︗莱揭畉昏ぃ穦瞶穦ヴ︙拱穦癶临碞硂摸縱┮煤ユ瘤礛讽Ы腀種タ兵ㄒ材36兵埃Τ闽拱Τ闽矗瓃兵ㄒ〆穦〆粄竒タ兵ゅゼи眏秸琌ゼ睦埃-
好納兵ㄒ材36兵竒タ盢穦Τ硂妓猭狦煤ユセōぃ穦ΘㄣΤ猭у籔┯闽玒セ稱某硂タ琌拜肈闽龄┮兵ㄒ〆穦ぃ觅硂兵ゅ弘兵ゅ甧砛讽ЫΤ闽玱管赣パ煤ユτ莱ㄉΤヴ︙舦硂兜逼陪礛Τろそす荡癸ぃ莱猭ㄒず兵ㄒ材36兵莉硄筁穕甡ヴ︙煤ユτ┪穦莉眔ヴ︙舦疭琌讽赣紇臫砆癬禗┪穦紇臫颗キ猭癸窽ゎ陆ㄑ干毕瘤礛兵ㄒ〆穦〆フ讽Ы矗兵ㄒ材36兵瞶パ琌璶磷現┎籔煤礚種いΘу籔┯闽玒〆穦ご礛粄讽ЫΤ砫ヴ磷波┛種盢礚猭砫ヴ煤ユ穨虫︗祅癘ず
畊セ略朝勉〆穦矗瓃タ辨︗某や
Proposed amendment
览某タず甧
Clause 36
兵ㄒ材36兵
That clause 36 be amended, by deleting the clause.
〆穦畊セ畊矗某秈︽ㄖ臛阶ㄖ臛阶パ朝岸穨某の砏购吏挂現だ碞材36兵┮矗ぇタ
セ〆瞷秈︽ㄖ臛阶ㄖ臛阶パ朝岸穨某の砏购吏挂現だ碞材36兵┮矗ぇタセ畊穦叫砏购吏挂現碞朝岸穨某矗ぇタのㄤセぇタ祇ē埃獶朝岸穨某ぇタ綝∕玥セ畊ぃ穦叫砏购吏挂現笆某タ朝某ぇタ莉∕ボ砏购吏挂現ぇ览某タぃ莉硄筁
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Chairman, as the Administration discussed with members of the Bills Committee, we do not consider it appropriate for clause 36 to be deleted. Clause 36 has been included in the Bill to make clear that any payer of Government rent who is not a lessee cannot assert that an implied lease between him and the Government has been created and that no government lessee can assert any rights against the Government or attempt to prevent the Government from taking enforcement action for breaches of lease conditions solely on account of his having paid the Government rent. Clause 36 seeks to put the position beyond argument.
Nevertheless, I wish to reiterate that even if clause 36 is deleted, the Government's position is that no implied lease will be created, nor will a government lessee be entitled to assert rights or seek to prevent enforcement action for his own breaches of lease conditions in consequence of his paying Government rent.
Mr Chairman, although I am not moving my proposed amendment, yet I would like to take this opportunity to explain that my proposed amendment to clause 36 is to better reflect the Administration's position, in particular the demand for or recovery of Government rent by itself gives rise to any additional
rights to the occupier against a lessee or the Government.
Thank you, Mr Chairman.
Question on Mr Albert CHAN's amendment put and agreed to.
朝岸穨某ぇタぇ某肈竒窖∕莉硄筁
〆穦畊砏购吏挂現パ朝岸穨某碞材36兵笆某ぇタ莉∕ぃ碞材36兵笆某览某タ硂籔ぇ∕﹚ぃ璓ぇ∕﹚琌盢材36兵埃
New clause 38A Deed of mutual covenant overridden
穝璹材38A兵 癸そ緍
Heading before New clause 49 Consequential Amendments
穝璹材49兵ぇ玡夹肈 Lands Tribunal Ordinance
New clause 49 莱璹糵掉矪兵ㄒ
穝璹材49兵 Ordinances under which matters
may be submitted to the Tribunal
for determination
盢Τ闽ㄆ﹜ユ
糵掉矪掉﹚┮沮兵ㄒ
Heading before New clause 50 Rating Ordinance
穝璹材50兵ぇ玡夹肈 畉昏兵ㄒ
New clause 50 Interpretation
穝璹材50兵 睦竡
New clause 51 Section added
穝璹材51兵 兵--
New clause 52 Payment and recovery of rates
穝璹材52兵 畉昏煤ユの發癚
New clause 53 Payment of rates under an
穝璹材53兵 interim valuation
沮羬︳基煤ユ畉昏
New clause 54 Rounding down of amounts due
穝璹材54兵 斗煤蹿肂璸︓じ︗薄猵
Heading before New clause 55 Rating (Effective Date of Interim
穝璹材55兵ぇ玡夹肈 Valuation) Regulation
New clause 55 畉昏羬︳基ネら戳砏ㄒ
穝璹材55兵 Effective date of interim valuation
羬︳基ネら戳
Heading before New clause 56 Crown Rent and Premium
穝璹材56兵ぇ玡夹肈 (Apportionment) Ordinance
New clause 56 祙の基だ舥兵ㄒ
穝璹材56兵 Application
続ノ絛--
Heading before New clause 57 New Territories Leases
穝璹材57兵ぇ玡夹肈 (Extension) Ordinance
New clause 57 穝尿戳兵ㄒ
穝璹材57兵 Burdens and covenants
璽踞の空
New clause 58 Part repealed
穝璹材58兵 紀埃材III场
New clause 59 Power to make regulations
穝璹材59兵 璹ミ砏ㄒ舦
Heading before New clause 60 New Territories Land
穝璹材60兵ぇ玡夹肈 (Exemption) Ordinance
New clause 60 穝僚兵ㄒ
穝璹材60兵 Interpretation
睦竡
Heading before New clause 61 Sex Discrimination Ordinance
穝璹材61兵ぇ玡夹肈 ┦猍跌兵ㄒ
New clause 61 Further exceptions to this Ordinance
穝璹材61兵 セ兵ㄒ秈˙ㄒ薄猵
Clauses read the First time and ordered to be set down for Second Reading pursuant to Standing Order 46(6).
兵ㄒ兵ゅ竒筁弄ㄌ沮穦某盽砏材46兵材(6)蹿砏﹚㏑逼弄
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Chairman, I move that new clause 38A, heading before new clause 49, new clause 49, heading before new clause 50, new clauses 50, 51 to 54, heading before new clause 55, new clause 55, heading before new clause 56, new clause 56, heading before new clause 57 and new clauses 57, 58, 59, heading before new clause 60, new clause 60, heading before new clause 61 and new clause 61, as set out in the paper circularized to Members be read the Second time.
Clause 38(A) provides for certain provisions contained in deeds of mutual covenant in relation to payment of Government rent to be overridden by the Bill. Clauses 49 to 61 provide for consequential amendments to the Lands Tribunal Ordinance, the Rating Ordinance, the Rating (Effective Date of Interim Valuation) Regulation, the Crown Rent and Premium (Apportionment) Ordinance, the New Territories Leases (Extension) Ordinance, the New Territories Land (Exemption) Ordinance and the Sex Discrimination Ordinance. These amendments have been made known to members of the Bills Committee who have not raised any objection.
Thank you, Mr Chairman.
Question on the Second Reading of the headings and clauses proposed, put and agreed to.
兵ㄒ夹肈の兵ゅ弄ぇ某肈竒矗某繦窖∕莉硄筁
Headings and clauses read the Second time.
兵ㄒ夹肈の兵ゅ竒筁弄
SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS: Mr Chairman, I move that new clause 38(A), heading before new clause 49, new clause 49, heading before new clause 50, new clauses 50, 51 to 54, heading before new Clause 55, new clause 55, heading before new clause 56, new clause 56, heading before new clause 57 and new clauses 57, 58, 59, heading before new clause 60, new clause 60, heading before new clause 61 and new clause 61 be added to the Bill.
Proposed additions
览某糤干
New clause 38A
穝璹材38A兵
That the Bill be amended, by adding
"38A. Deed of mutual covenant overridden
(1) This Ordinance and regulations made under this Ordinance override the provisions (however described) under a deed of mutual covenant for any land leased under an applicable lease, in so far as such provisions relate to -
(a) any contribution to -
(i) the payment of any of the Government rent payable in respect of the land or any part thereof (other than in respect of any of the common parts of that land or of any building erected thereon or of both); or
(ii) the payment of any monies (however described and whether or not described as comprising any such Government rent), to the extent that such payment comprises any such Government rent;
(b) any payment of any of the Government rent payable in respect of the land or any part thereof (other than in respect of any of the common parts of that land or of any building erected thereon or of both); or
(c) any right to seek or recover a contribution within the meaning of paragraph (a) or a payment within the meaning of paragraph (b).
(2) To the extent that there is a default or breach subsisting at the date of commencement of this section in or of a provision under a deed of mutual covenant that is overridden under this section, the rights and obligations under the deed of mutual covenant relating to the default or breach are not extinguished by this section and may be exercised and enforced in the same manner and to the same extent as they could have been before the commencement of this section.
(3) To the extent that a deed of mutual covenant is not overridden under this section, the deed of mutual covenant remains in full force and effect subject to any existing rights, liabilities and remedies under the deed of mutual covenant. The rights and obligations under the deed of mutual covenant that are not overridden under this section may be exercised and enforced in the same manner and to the same extent as they could have been before the commencement of this section.
(4) In this section -
"common parts" (そノ场だ), in relation to any land leased under an applicable lease or any building erected thereon or both, means the whole of the land or the building or both, as the case may be, except such parts as have been specified or designated in an instrument registered in the Land Registry as being for the exclusive use, occupation or enjoyment of an owner;
"deed of mutual covenant" (そ), in relation to any land leased under an applicable lease or any part thereof, means a document which -
(a) defines the rights, interests and obligations of owners of the undivided shares in the land among themselves; and
(b) is registered in the Land Registry;
"Government rent" (), in relation to any land leased under an applicable lease or any part thereof, means -
(a) Government rent as defined in section 2; or
(b) any monies (however described) payable by way of rent under the lease of the land;
"owner" (穨) means -
(a) a person who for the time being appears from the records at the Land Registry to be the owner of an undivided share in land on which a building is erected;
(b) a registered mortgagee in possession of such share.".
Heading before new clause 49 and new clause 49
穝璹材49兵ぇ玡夹肈の穝璹材49兵
That the Bill be amended, by adding
"Consequential Amendments
Lands Tribunal Ordinance
49. Ordinances under which matters
may be submitted to the
Tribunal for determination
The Schedule to the Lands Tribunal Ordinance (Cap. 17) is amended by adding -
" of 1997. Government Rent (Assessment
and Collection) Ordinance.".
Heading before new clause 50 and new clause 50
穝璹材50兵ぇ玡夹肈の穝璹材50兵
That the Bill be amended, by adding
Rating Ordinance
50. Interpretation
Section 2 of the Rating Ordinance (Cap. 116) is amended -
(a) in the definition of "owner" by adding "or chargee" after "mortgagee";
(b) by adding -
""Government rent" () has the meaning assigned to it under section 2 of the Government Rent (Assessment and Collection) Ordinance ( of 1997);
"Government Rent Roll" (祅癘) has the meaning assigned to it under section 2 of the Government Rent (Assessment and Collection) Ordinance ( of 1997);
"identical tenement" (穨虫︗) means a tenement the entry for which in the Government Rent Roll is identical to an entry in the valuation list;".
New clause 51, 52, 53 and 54
穝璹材515253の54兵
That the Bill be amended, by adding
51. Section added
The following is added -
"16A. Alterations on changes to
corresponding entry in the
Government Rent Roll
The Commissioner may make an appropriate amendment to the valuation list where he has altered the entry of a corresponding tenement, which is not an identical tenement, in the Government Rent Roll as a result of a proposal, correction, objection or appeal under the Government Rent (Assessment and Collection) Ordinance ( of 1997).".
52. Payment and recovery of rates
Section 22 is amended by adding -
"(5) (a) Subject to paragraph (b), the Commissioner may demand any of the rates payable in respect of a tenement under the demand note to be issued in respect of any of the Government rent payable in respect of that tenement.
(b) Where under paragraph (a) any of the rates and the Government rent payable in respect of a tenement are demanded under the same demand note, there shall be set out in the demand note the respective amounts payable as the rates and as the Government rent in respect of that tenement.
(6) (a) If the amount received by the Commissioner in respect of a demand note under which any of the rates and the Government rent payable in respect of a tenement are demanded is more than or less than the aggregate amount of the rates and the Government rent so payable, he may in his discretion apportion the amount so received, subject to any specific instructions from the payer.
(b) The acceptance or receipt of payment of any part of the amount of the rates demanded under a demand note shall not be a waiver by the Commissioner for the part not paid.".
53. Payment of rates under an
interim valuation
Section 29 is amended by adding -
"(4) Where the Commissioner has made an interim valuation in respect of a tenement, he may demand any of the rates payable in respect of that tenement in the manner specified in section 22(5), and section 22(6) shall apply accordingly.".
54. Rounding down of amounts due
Section 50A(1) is amended by adding "or the Government Rent (Assessment and Collection) Ordinance ( of 1997)" after "Ordinance".
Heading before new clause 55 and new clause 55
穝璹材55兵ぇ玡夹肈の穝璹材55兵
That the Bill be amended, by adding
Rating (Effective Date of Interim
Valuation) Regulation
55. Effective date of interim valuation
Section 3 of the Rating (Effective Date of Interim Valuation) Regulation (Cap. 116 sub. leg.) is amended by adding -
"(3) Section 71 of the Interpretation and General Clauses Ordinance (Cap. 1) does not apply to the determination of an effective date under this section.".
Heading before new clause 56 and new clause 56
穝璹材56兵ぇ玡夹肈の穝璹材56兵
That the Bill be amended, by adding
Crown Rent and Premium (Apportionment)
Ordinance
56. Application
Section 3 of the Crown Rent and Premium (Apportionment) Ordinance (Cap. 125) is amended -
(a) by adding before subsection (1) -
"(1A) (a) Subject to paragraph (b), this Ordinance does not apply to any interest in land held under an applicable lease within the meaning of the Government Rent (Assessment and Collection) Ordinance ( of 1997) as from -
(i) in the case of an applicable lease extended by section 6 of the New Territories Leases (Extension) Ordinance (Cap. 150), 28 June 1997;
(ii) in the case of an interest held under an applicable lease which was exempted from liability to pay Government rent under the Government Rent (Assessment and Collection) Ordinance ( of 1997), the date on which the exemption ceases to apply;
(iii) in the case of an applicable lease under which there is an express obligation to pay an annual rent of 3% of the rateable value from time to time of the land leased, the date specified in the lease as the date from which the rent is payable.
(b) Nothing in paragraph (a) shall affect any right or liability already acquired or incurred in respect of any interest referred to in that paragraph under or by virtue of any provision of this Ordinance at any time before this Ordinance ceases to apply to such interest by virtue of that paragraph.";
(b) in subsection (1), by repealing "This" and substituting "Subject to subsection (1A), this".
Heading before new clause 57 and new clause 57
穝璹材57兵ぇ玡夹肈の穝璹材57兵
That the Bill be amended, by adding
New Territories Leases
(Extension) Ordinance
57. Burdens and covenants
Section 7(1)(c) and (d) of the New Territories Leases (Extension) Ordinance (Cap. 150) is repealed and the following substituted -
"(c) a reservation of -
(i) subject to subparagraph (ii), the Government rent payable under the Government Rent (Assessment and Collection) Ordinance ( of 1997);
(ii) in the case of an exemption from liability to pay Government rent under the Government Rent (Assessment and Collection) Ordinance ( of 1997), the annual rent payable immediately before the period of extension; and
(d) a covenant by the lessee to pay the Government rent specified in paragraph (c)(i) or the annual rent specified in paragraph (c)(ii), as the case may be -
(i) in the case of such Government rent, in accordance with the Government Rent (Assessment and Collection) Ordinance ( of 1997);
(ii) in the case of such annual rent, in the same manner and on the same days as applied immediately before the period of extension.".
New clauses 58 and 59
穝璹材58の59兵
That the Bill be amended, by adding
58. Part repealed
Part III is repealed.
59. Power to make regulations
Section 11(a) to (h) and (j) is repealed.
Heading before new clause 60 and new clause 60
穝璹材60兵ぇ玡夹肈の穝璹材60兵
That the Bill be amended, by adding
New Territories Land (Exemption)
Ordinance
60. Interpretation
Section 2 of the New Territories Land (Exemption) Ordinance (Cap. 452) is amended -
(a) in subsection (1), in the definition of "rural land", by adding "holding" after "small house";
(b) in subsection (2) -
(i) by adding "holding" after "small house";
(ii) by repealing "New Territories Leases (Extension) Ordinance (Cap. 150)" and substituting "Government Rent (Assessment and Collection) Ordinance ( of 1997)".
Heading before new clause 61 and new clause 61
穝璹材61兵ぇ玡夹肈の穝璹材61兵
That the Bill be amended, by adding
Sex Discrimination Ordinance
61. Further exceptions to
this Ordinance
Section 1 of Part 1 of Schedule 5 to the Sex Discrimination Ordinance (Cap. 480) is amended in the definition of "indigenous villager" by repealing "section 9 of the New Territories Leases (Extension) Ordinance (Cap. 150)" and substituting "section 2 of the Government Rent (Assessment and Collection) Ordinance ( of 1997)".
SCHEDULE [s. 38]
COVENANTS AND CONDITIONS OVERRIDDEN
PART I
1. (a) From 1 July 1997 until the expiry of the term hereby granted the rent for the lot shall be calculated and paid with reference to the period commencing on 1 April and ending on 31 March in each year, and the Lessee shall pay and there shall be collected by the Director as rent for the lot for each such period an amount equal to 3% of the rateable value from time to time of the lot, the said rent to be paid by four equal quarterly instalments in advance on 1 April, 1 July, 1 October and 1 January in each year, and the first quarterly payment together with all accrued arrears of rent becoming due and to be paid on 1 July 1997.
(b) For the purposes of this General Condition the rateable value of the lot shall be the rateable value as set out from time to time in the list declared or the interim valuation made by the Commissioner under the Rating Ordinance (Cap. 116) or any legislation amending or replacing the same, of the tenement, or, if there is more than one tenement, the aggregate of the rateable values and/or interim valuations as so set out or made of all the tenements comprised wholly or partly within the lot.
(c) For the purposes of subparagraph (b) -
(i) a rateable value in a new list, when declared, and an interim valuation, when made, and a correction, alteration or variation of a rateable value or an interim valuation, when made, shall take effect from the effective dates for the same under the Rating Ordinance (Cap. 116);
(ii) if the effective date of an interim valuation is earlier than the date of the making of the interim valuation, or if the rateable value has been corrected, altered or varied and the effective date of such correction, alteration or variation is earlier than the date of the making of the correction, alteration or variation, and as a result the rent for the lot is increased, the rent due for the period since the effective date of the interim valuation or the correction, alteration or variation shall, in so far as it has not been already paid, be added by the Director to the next payment of rent due following the date of the making of the interim valuation, correction, alteration or variation, and if as a result of the making of the interim valuation, correction, alteration or variation the rent for the lot is reduced, any amount found to be overpaid by the Lessee may be deducted by the Director from the next payment of rent due following the date of the making of the interim valuation, correction, alteration or variation, or shall be otherwise credited to the account of or refunded to the Lessee;
(iii) a tenement shall be deemed to be comprised partly within the lot if the building in which it is contained stands partly within the lot; and where a tenement is so deemed to be comprised partly within the lot, there shall be included for the purpose of determining the rateable value of the lot only the same proportion of the rateable value in the list declared or the interim valuation made under the Rating Ordinance (Cap. 116) or, as the case may be, the rateable value fixed under sub-subparagraphs (iv), (v) and (vi), as, in the opinion of the Director whose decision thereon shall be final, the area of the lot bears to the area of all the lots on which the building stands;
(iv) in the event that no rateable value has been ascertained under the Rating Ordinance (Cap. 116) in respect of a tenement, whether by reason of the exemption of such tenement from assessment to rates or otherwise, the Director may cause to be fixed such rateable value as if the tenement were assessable to rates under that Ordinance, and the rateable value so fixed shall be the rateable value of the tenement;
(v) in the event that as a result of the demolition of a tenement or of a tenement being unoccupied by reason of an order of the Government its rateable value is deleted under the Rating Ordinance (Cap. 116), the rateable value of the lot shall, if the Director in his absolute discretion thinks fit and until an interim valuation of a tenement or tenements wholly replacing the demolished or unoccupied tenement is made under the Rating Ordinance (Cap. 116), include the rateable value of such tenement as last ascertained by the Commissioner; and
(vi) where an interim valuation is made of a tenement or tenements which replace part of a former tenement in respect of which the rateable value as last ascertained by the Commissioner was included in the rateable value of the lot in accordance with sub-subparagraph (v) the rateable value of the part of the former tenement not replaced by the interim valuation shall be such portion of the rateable value of the former tenement, as last ascertained by the Commissioner, as the Director shall in his absolute discretion consider appropriate to that part.
(d) There shall be added to the yearly rent of the lot fixed in accordance with subparagraph (a) such sum as may be necessary to make the total number of dollars a multiple of 4.
2. (a) In lieu of the collection of the yearly rent by the Director under paragraph 1(a), there may in addition to the rates to be collected quarterly by the Commissioner or the Collector of Rates, as the case may be, under the Rating Ordinance (Cap. 116) in respect of any tenement comprised wholly or partly within the lot, be demanded and collected by the Commissioner or the Collector of Rates, as the case may be, from the Lessee an amount equal to one fourth of 3% of the rateable value of any such tenement together with such sum as may be necessary to make the total number of dollars in any such demand an integer. For the purpose of this subparagraph the provisions of paragraph 1(c)(i) and (ii) shall apply mutatis mutandis.
(b) For the purpose of subparagraph (a), in the event that only part of a tenement is comprised within the lot the amount that may be demanded in respect of that part shall bear the same proportion to 3% of the rateable value of the tenement as, in the opinion of the Director whose decision shall be final, the area of such part bears to the area of the whole of such tenement.
(c) Upon a demand being made by the Commissioner or the Collector of Rates, as the case may be, under subparagraph (a), the Lessee shall pay the amount so demanded within the time specified in such demand.
(d) Payment under subparagraph (c) of an additional demand under subparagraph (a) shall operate as an absolute discharge for the Lessee from his liability to pay the rent in respect of the quarter for which such demand was made.
3. The reference in paragraph 1(b) to the rateable value of a tenement as set out from time to time in the list declared or to an interim valuation made under the Rating Ordinance (Cap. 116) shall include in a case where such rateable value or interim valuation is corrected, altered or varied under that Ordinance, a reference to such rateable value or interim valuation as so corrected, altered or varied.
PART II
1. (a) Subject to subparagraph (e), from 1 July 1997 until the expiry of the term hereby granted the rent for the lot shall be calculated and paid with reference to the period commencing on 1 April and ending on 31 March in each year, and the Lessee shall pay and there shall be collected by the Director as rent for the lot for each such period an amount equal to 3% of the rateable value from time to time of the lot, the said rent to be paid by four equal quarterly instalments in advance on 1 April, 1 July, 1 October and 1 January in each year, and the first quarterly payment together with all accrued arrears of rent becoming due and to be paid on 1 July 1997.
(b) For the purposes of this General Condition the rateable value of the lot shall be the rateable value as set out from time to time in the list declared or the interim valuation made by the Commissioner under the Rating Ordinance (Cap. 116) or any legislation amending or replacing the same, of the tenement, or, if there is more than one tenement, the aggregate of the rateable values and/or interim valuations as so set out or made of all the tenements comprised wholly or partly within the lot.
(c) For the purposes of subparagraph (b) -
(i) a rateable value in a new list, when declared, and an interim valuation, when made, and a correction, alteration or variation of a rateable value or an interim valuation, when made, shall take effect from the effective dates for the same under the Rating Ordinance (Cap. 116);
(ii) if the effective date of an interim valuation is earlier than the date of the making of the interim valuation, or if the rateable value has been corrected, altered or varied and the effective date of such correction, alteration or variation is earlier than the date of the making of the correction, alteration or variation, and as a result the rent for the lot is increased, the rent due for the period since the effective date of the interim valuation or the correction, alteration or variation shall, in so far as it has not been already paid, be added by the Director to the next payment of rent due following the date of the making of the interim valuation, correction, alteration or variation, and if as a result of the making of the interim valuation, correction, alteration or variation the rent for the lot is reduced, any amount found to be overpaid by the Lessee may be deducted by the Director from the next payment of rent due following the date of the making of the interim valuation, correction, alteration or variation, or shall be otherwise credited to the account of or refunded to the Lessee;
(iii) a tenement shall be deemed to be comprised partly within the lot if the building in which it is contained stands partly within the lot; and where a tenement is so deemed to be comprised partly within the lot, there shall be included for the purpose of determining the rateable value of the lot only the same proportion of the rateable value in the list declared or the interim valuation made under the Rating Ordinance (Cap. 116) or, as the case may be, the rateable value fixed under sub-subparagraphs (iv), (v) and (vi), as, in the opinion of the Director whose decision thereon shall be final, the area of the lot bears to the area of all the lots on which the building stands;
(iv) in the event that no rateable value has been ascertained under the Rating Ordinance (Cap. 116) in respect of a tenement, whether by reason of the exemption of such tenement from assessment to rates or otherwise, the Director may cause to be fixed such rateable value as if the tenement were assessable to rates under that Ordinance, and the rateable value so fixed shall be the rateable value of the tenement;
(v) in the event that as a result of the demolition of a tenement or of a tenement being unoccupied by reason of an order of the Government its rateable value is deleted under the Rating Ordinance (Cap. 116), the rateable value of the lot shall, if the Director in his absolute discretion thinks fit and until an interim valuation of a tenement or tenements wholly replacing the demolished or unoccupied tenement is made under the Rating Ordinance (Cap. 116), include the rateable value of such tenement as last ascertained by the Commissioner; and
(vi) where an interim valuation is made of a tenement or tenements which replace part of a former tenement in respect of which the rateable value as last ascertained by the Commissioner was included in the rateable value of the lot in accordance with sub-subparagraph (v) the rateable value of the part of the former tenement not replaced by the interim valuation shall be such portion of the rateable value of the former tenement, as last ascertained by the Commissioner, as the Director shall in his absolute discretion consider appropriate to that part.
(d) There shall be added to the yearly rent of the lot fixed in accordance with subparagraph (a) such sum as may be necessary to make the total number of dollars a multiple of 4.
(e) For so long as the lot is beneficially owned by the Lessee or in an unbroken line of succession in title to the lot by a person who is descended through the male, but not the female, line from him the yearly rent for the lot shall be the sum of $20, if demanded, provided that if an undivided share or interest in the lot together with the right to the exclusive use and occupation of all or a part of a building on the lot is beneficially owned by a person other than the Lessee or in an unbroken line of succession in title to such undivided share or interest a person who is descended through the male line from him the rent for the lot shall be calculated and paid in the manner described and shall be the amount specified in subparagraph (a) in which event for the purpose of this proviso -
(i) the rateable value of the lot shall be the rateable value of the said building or part thereof; and
(ii) the yearly rent or a due proportion thereof for the lot under subparagraph (a) shall become due and shall be paid on the first quarterly day after the date on which the said undivided share or interest was first beneficially owned by a person other than the Lessee or in an unbroken line of succession in title to the said undivided share or interest a person who is descended through the male line from him.
2. (a) In lieu of the collection of the yearly rent by the Director under paragraph 1(a), there may in addition to the rates to be collected quarterly by the Commissioner or the Collector of Rates, as the case may be, under the Rating Ordinance (Cap. 116) in respect of any tenement comprised wholly or partly within the lot, be demanded and collected by the Commissioner or the Collector of Rates, as the case may be, from the Lessee an amount equal to one fourth of 3% of the rateable value of any such tenement together with such sum as may be necessary to make the total number of dollars in any such demand an integer. For the purpose of this subparagraph the provisions of paragraph 1(c)(i) and (ii) shall apply mutatis mutandis.
(b) For the purpose of subparagraph (a), in the event that only part of a tenement is comprised within the lot the amount that may be demanded in respect of that part shall bear the same proportion to 3% of the rateable value of the tenement as, in the opinion of the Director whose decision shall be final, the area of such part bears to the area of the whole of such tenement.
(c) Upon a demand being made by the Commissioner or the Collector of Rates, as the case may be, under subparagraph (a), the Lessee shall pay the amount so demanded within the time specified in such demand.
(d) Payment under subparagraph (c) of an additional demand under subparagraph (a) shall operate as an absolute discharge for the Lessee from his liability to pay the rent in respect of the quarter for which such demand was made.
3. The reference in paragraph 1(b) to the rateable value of a tenement as set out from time to time in the list declared or to an interim valuation made under the Rating Ordinance (Cap. 116) shall include in a case where such rateable value or interim valuation is corrected, altered or varied under that Ordinance, a reference to such rateable value or interim valuation as so corrected, altered or varied.".
Question on the addition of the new clauses 38A, Heading before new clause 49, new clause 49, Heading before new clause 50, new clauses 50, 51 to 54, Heading before new clause 55, new clause 55, Heading before new clause 56, new clause 56, Heading before new clause 57 and new clauses 57, 58, 59, Heading before new clause 60, new clause 60, Heading before new clause 61 and new clause 61 proposed, put and agreed to.
糤干穝璹材38⑾兵穝璹材49兵ぇ玡夹肈穝璹材49兵穝璹材50兵ぇ玡夹肈穝璹材50兵材51︓54兵穝璹材55兵ぇ玡夹肈穝璹材55兵穝璹材56兵ぇ玡夹肈穝璹材56兵穝璹材57兵ぇ玡夹肈穝璹材57材材5859兵穝璹材60兵ぇ玡夹肈穝璹材60兵穝璹材61兵ぇ玡夹肈の穝璹材61兵ゅぇ某肈竒矗某繦窖∕莉硄筁
PATENTS BILL
盡ㄒ兵ㄒ
Clauses 1, 3, 4, 6, 7, 9, 10, 11, 13, 14, 17, 18, 20, 21, 25 to 28, 30 to 36, 38 to 42, 44, 45, 47 to 50, 53, 54, 55, 57 to 60, 63 to 72, 76 to 80, 83 to 90, 92, 93, 95 to 103, 105, 107, 108, 111, 112, 114, 116, 118, 120 to 124, 126, 127, 129, 131, 133 to 139, 141, 142, 143, 145 to 155 and 159 to 162 were agreed to.
材134679101113141718202125︓2830︓3638︓42444547︓5053545557︓6063︓7276︓8083︓90929395︓103105107108111112114116118120︓124126127129131133︓139141142143145︓155の159︓162兵莉眔硄筁
Clauses 2, 5, 8, 12, 15, 16, 19, 22, 23, 24, 29, 37, 43, 46, 51, 52, 56, 61, 62, 73, 74, 75, 81, 82, 84, 91, 94, 104, 106, 109, 110, 113, 115, 117, 119, 125, 128, 130, 132, 140, 144, 156, 157 and 158
材258121516192223242937434651525661627374758182849194104106109110113115117119125128130132140144156157の158兵
SECRETARY FOR TRADE AND INDUSTRY: Mr Chairman, I move that the
clauses specified be amended as set out in the paper circularized and tabled for Members' consideration.
Apart from the key amendments which I referred to in my Second Reading debate speech, most of the amendments are drafting and technical in nature. They serve to remove ambiguities or inconsistencies and introduce procedural refinements. We have briefed the Bills Committee on all proposed amendments.
Mr Chairman, I beg to move.
Proposed amendments
览某タず甧
Clause 2
兵ㄒ材2兵
That clause 2(1) be amended
(a) by deleting the definition of "convention country".
(b) in the definition of "international application", by deleting "Co-operation" and substituting "Cooperation".
(c) in the definition of "Patent Co-operation Treaty", by deleting "Co-operation" and substituting "Cooperation".
(d) by adding -
""Paris Convention country" (ぺ兢そ瓣) means -
(a) any country for the time being specified in Schedule 1 as being a country which has acceded to the Paris Convention;
(b) any territory or area subject to the authority or under the suzerainty of any country specified in Schedule 1 pursuant to paragraph (a), or any territory or area administered by any such country, on behalf of which such country has acceded to the Paris Convention;
"WTO member country, territory or area" ( 禩舱麓Θ瓣) means any country, territory or area for the time being specified in Schedule 1 as being a country, territory or area which has acceded to the World Trade Organisation Agreement.".
That clause 2(1) be amended, in the definition of "爹籔уぉ叫―", by deleting "そガ" wherever it appears and substituting "祇".
That clause 2(1) be amended
(a) in paragraph (b) of the definition of "盡玻珇" by deleting "" where it first appears.
(b) in paragraph (c) of the definition of "矗ユら戳" by adding "矗ユら戳" after "".
That clause 2(2) be amended, under the column "Expression" by deleting "(そガ)" and substituting "(祇)".
Clause 5
兵ㄒ材5兵
That clause 5 be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 5 be amended, in the heading, by deleting "そガ" and substituting "祇".
That clause 5(1)(a) be amended, by deleting "(そガ)" and substituting "(祇)".
That clause 5(2)(d)(ii) be amended, by deleting "Co-operation" and substituting "Cooperation".
Clause 8
兵ㄒ材8兵
That clause 8 be amended, by deleting "regulation" and substituting "notice published in the Gazette".
Clause 12
兵ㄒ材12兵
That clause 12(1)(a) be amended, by deleting "翠矗﹚盡ビ叫" and substituting "﹚盡ビ叫翠".
That clause 12(1)(b) be amended, by deleting ", or his successor in title".
Clause 15
兵ㄒ材15兵
That clause 15(1) be amended, by deleting "12" and substituting "12(1)".
That clause 15(1) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 15(2) be amended
(a) by adding "be signed by the applicant and" after "such request shall".
(b) in paragraph (a), by deleting "verified copy" and substituting "photocopy".
(c) in paragraph (b), by deleting "the name of the inventor" and substituting -
"a statement identifying the person or persons whom the applicant believes to be the inventor or inventors".
(d) by adding -
"(ba) the name and address of the person making the request;".
(e) by deleting paragraph (c) and substituting -
"(c) where the person filing the request is a person other than the person named as applicant in the designated patent application, a statement explaining his entitlement to apply for the grant of a standard patent for the invention and prescribed documents supporting that statement;".
(f) in paragraph (d)(ii), by deleting "and".
(g) in paragraph (e) -
(i) by deleting "corresponding";
(ii) by deleting the full stop and substituting "; and".
(h) by adding -
"(f) an address in Hong Kong for service of documents.".
That clause 15(2) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 15(6) be amended, by deleting "そガ" wherever it appears and substituting "祇".
Clause 16
兵ㄒ材16兵
That clause 16 be amended
(a) by deleting "Co-operation" and substituting "Cooperation".
(b) in paragraph (b), by deleting "verified copy" wherever it appears and substituting "photocopy".
That clause 16 be amended
(a) in paragraph (b)(iii) -
(i) by deleting "" and substituting "祇";
(ii) by deleting "そガ".
(b) in paragraph (d), by deleting "" where it first appears and substituting "材".
That clause 16(a) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 16(b)(i) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 16(b)(ii) be amended, by deleting "そガ" wherever it appears and substituting "祇".
Clause 19
兵ㄒ材19兵
That clause 19(4) be amended, by adding "solely" after "relating".
Clause 22
兵ㄒ材22兵
That clause 22(1)(a) be amended, by adding "and has not been refused, withdrawn or deemed to be withdrawn" after "section 20".
That clause 22(1)(b)(i) be amended, by adding "corresponding" before "designated patent application".
That clause 22(1)(b)(ii) be amended, by adding "corresponding" before "designated patent application".
That clause 22(1) be amended
(a) in paragraph (b)(iii), by adding "ビ叫" after "盡".
(b) by deleting "そガら戳" wherever it appears and substituting "祇ら戳".
Clause 23
兵ㄒ材23兵
That clause 23(1) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 23(2) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 23(3) be amended, by deleting paragraph (b) and substituting
"(b) if the person filing the request is a person other than the person named in the register as the applicant for a standard patent for the invention, a statement explaining the first-mentioned person's entitlement to apply for the grant of a standard patent for the invention and prescribed documents supporting that statement;".
That clause 23(3) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 23(3)(c) be amended, by deleting "τㄣΤ纔舦" and substituting "τㄣΤ纔舦".
Clause 24
兵ㄒ材24兵
That clause 24 be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 24(1)(a) be amended, by deleting "".
That clause 24(2)(a) be amended, by deleting "publication of the specification" and substituting "date of grant".
Clause 29
兵ㄒ材29兵
That clause 29(3) be amended, by deleting "The" and substituting
"Where prior to the refusal or deemed withdrawal of the application mentioned in subsection (1)(i) the request to record had been published under section 20, the".
Clause 37
兵ㄒ材37兵
That clause 37(1) be amended, by deleting ", subject to section 134,".
Clause 43
兵ㄒ材43兵
That clause 43 be amended, by deleting subclause (2) and substituting
"(2) The Registrar shall record the amendment to the specification of the designated patent by making an appropriate entry in the register and upon that recording the standard patent shall be treated as having been amended in a like manner.
(2A) As soon as practicable after a standard patent has been amended under this section the Registrar shall -
(a) publish the amendment;
(b) advertise the fact of the amendment by notice in the Gazette.".
That clause 43(2) be amended, by deleting "そガ" wherever it appears and substituting "祇".
Clause 46
兵ㄒ材46兵
That clause 46(2) be amended, by deleting "猭" and substituting "Τ┦".
That clause 46(5) be amended, by deleting "On filing of the court order and supporting documents" and substituting "Upon receipt of the court order and supporting documents filed".
That clause 46(5) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 46(7) be amended, by deleting "莱赣兜ビ叫τㄏヴ︙猭皘㏑ネ" and substituting "碞龟琁猭皘莱赣兜ビ叫┮ヴ︙㏑".
Clause 51
兵ㄒ材51兵
That clause 51(1) be amended, by deleting "under" and substituting "for the purposes of".
That clause 51(2) be amended
(a) in paragraph (a) -
(i) by deleting "requiring" and substituting "providing for";
(ii) in subparagraph (ii), by adding "published" before "applications".
(b) in paragraph (b), by deleting "the requirements in".
That clause 51(2) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 51(2)(a)(ii) be amended, by deleting "い┪盡㎝盡ビ叫" and substituting "ぇい┪ぇ".
That clause 51(11) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 51(13) be amended, by deleting "┪" and substituting "の".
Clause 52
兵ㄒ材52兵
That clause 52(1) be amended, by deleting paragraphs (a), (b) and (c) and substituting
"(a) either -
(i) application has not been made for registration of the earlier transaction, instrument or event; or
(ii) in the case of any application for a standard patent which has not been published or any application for a short-term patent, notice of the earlier transaction, instrument or event has not been given to the Registrar in accordance with rules (if any) made for the purposes of section 51(2)(c); and
(b) the person claiming under the later transaction, instrument or event did not know of the earlier transaction, instrument or event.".
That clause 52(3)(c) be amended, by adding at the beginning "盡┪ビ叫".
Clause 56
兵ㄒ材56兵
That clause 56(1) be amended, by adding "┪" after "疭砛".
That clause 56(3) be amended, by deleting "that section" and substituting "section 55".
Clause 61
兵ㄒ材61兵
That clause 61(2)(a) be amended, by deleting "翠沟" and substituting "沟翠".
That clause 61(2)(b) be amended, by deleting "獶璶ヴ︙よ沟" and substituting "⊿Τ璶沟ヴ︙よ".
That clause 61(5) be amended, by deleting "it" and substituting "the patent".
That clause 61(8)(b)(ii) be amended, by adding "ョ" after "玥".
That clause 61(8)(b)(iv) be amended, by adding "ョ" after "玥".
That clause 61(8)(c)(i) be amended, by deleting "玥" and substituting "玥ョ".
That clause 61(8)(c)(ii) be amended, by adding "ョ" after "玥".
That clause 61(8)(c)(iii) be amended, by deleting "蔼".
That clause 61(8)(c)(iv) be amended, by deleting "蔼".
Clause 62
兵ㄒ材62兵
That clause 62(2) be amended, by deleting "section" and substituting "Ordinance".
That clause 62(6)(a) be amended, by deleting "specific" and substituting "specified".
That clause 62(4)(b) be amended, by deleting "掸" and substituting "俱掸".
Clause 73
兵ㄒ材73兵
That clause 73(1) be amended, by deleting paragraphs (a), (b) and (c) and substituting
"(a) in relation to any product which is the subject-matter of the patent -
(i) making, putting on the market, using or importing the product; or
(ii) stocking the product, whether for the purpose of putting it on the market (in Hong Kong or elsewhere) or otherwise;
(b) in relation to any process which is the subject-matter of the patent -
(i) using the process; or
(ii) offering the process for use in Hong Kong when the third party knows, or it is obvious to a reasonable person in the circumstances, that the use of the process is prohibited without the consent of the proprietor of the patent;
(c) where the invention is a process, then in relation to any product obtained directly by means of that process -
(i) putting on the market, using or importing the product; or
(ii) stocking the product, whether for the purpose of putting it on the market (in Hong Kong or elsewhere) or otherwise.".
That clause 73 be amended, by deleting subclause (2).
Clause 74
兵ㄒ材74兵
That clause 74(2) be amended, by deleting the passage beginning "except" and ending "person supplied" and substituting
"unless the supply or offering is made for the purpose of inducing the person supplied or, as the case may be, to whom the offer is made".
Clause 75
兵ㄒ材75兵
That clause 75 be amended, by deleting paragraphs (d) and (e) and substituting
"(d) the use of the invention which is the subject of the patent -
(i) on board vessels registered in any of the Paris Convention countries or WTO member countries, territories or areas, other than Hong Kong; or
(ii) in the body of such vessels, or in the machinery, tackle, gear or other accessories of such vessels,
when such vessels temporarily or accidentally enter the territorial waters of Hong Kong, but only if the invention is used in such waters exclusively for the needs of the vessel;
(e) the use of the invention which is the subject of the patent in the construction or operation of -
(i) aircraft, hovercraft or land vehicles of Paris Convention countries or WTO member countries, territories or areas, other than Hong Kong; or
(ii) such aircraft, hovercraft or land vehicle accessories,
when such aircraft, hovercraft or land vehicles temporarily or accidentally enter Hong Kong;".
That clause 75(c) be amended, in the Chinese text, by deleting ""registered medical practitioner"" and substituting ""爹洛ネ"".
Clause 81
兵ㄒ材81兵
That clause 81 be amended, by adding
"(5) Without limiting the effect of subsection (4), where an order has been made by the court under section 46(1) allowing an amendment of the specification of a patent, no damages shall be awarded in any proceedings for an infringement of the patent committed after the date on which the order is made and before a copy of the order is filed with the Registrar for the purposes of section 46(5).".
That clause 81(4) be amended, by deleting "そガ" wherever it appears and substituting "祇".
Clause 82
兵ㄒ材82兵
That clause 82 be amended, by deleting subclauses (1) and (2) and substituting
"(1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it is found that the patent is only partially valid, the court may, subject to subsection (2), grant relief in respect of that part of the patent which is found to be valid and infringed.
(2) Where in any such proceedings it is found that a patent is only partially valid, the court shall not grant relief by way of damages or costs, except where the plaintiff proves that the specification for the patent was framed in good faith and with reasonable skill and knowledge, and in that event the court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the court as to costs and as to the date from which damages should be reckoned.".
That clause 82(3) be amended, by deleting "э" where it twice appears and substituting "璹".
Clause 84
兵ㄒ材84兵
That clause 84(2) be amended, in the Chinese text, by deleting ""indemnity basis"" and substituting ""辣纕膀非"".
Clause 91
兵ㄒ材91兵
That clause 91(1) be amended
(a) in paragraph (e), by adding "which is invalid" after "of the patent".
(b) by deleting paragraphs (f), (g) and (h) and substituting -
"(f) that the patent is one of 2 standard patents for the same invention, the applications for which were filed by the same person and have the same deemed date of filing;
(g) that the patent is one of 2 short-term patents for the same invention, the applications for which were filed by the same person and have the same date of filing;
(h) that -
(i) the patent is one of 2 patents for the same invention, one such patent being a standard patent and the other being a short-term patent, the applications for which were filed by the same person and have the same deemed date of filing or date of filing; and
(ii) the 2 patents are not under the proprietorship of the same person;".
That clause 91(1)(d) be amended
(a) by deleting "ビ叫" and substituting "ビ叫".
(b) by deleting "盡ビ叫" and substituting "盡ビ叫".
That clause 91 be amended, by adding
"(3) In subsection (1)(f), (g) and (h) -
(a) reference to the date of filing or deemed date of filing of an application for a patent shall be read as a reference to that date or, if priority was claimed in respect of the application, to the date of priority of the application;
(b) reference to the applications for 2 patents being filed by the same person shall be read as a reference to that case or to the case where -
(i) the person filing one of the applications is the successor in title to the person filing the other application; or
(ii) the persons filing the applications are both successors in title to the same former proprietor of the invention.".
Clause 94
兵ㄒ材94兵
That clause 94(2)(a) be amended, by adding "standard" before "patent".
That clause 94(3) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 94(3)(a) be amended, by deleting "a patent" and substituting "a standard patent".
Clause 104
兵ㄒ材104兵
That clause 104(3) be amended, by deleting "瞷羘".
That clause 104(4)(b) be amended, by deleting "ヴ︙" and substituting "いヴ︙".
That clause 104(4)(c) be amended, by adding "矗ユ蹦ノ赣ㄤ粂ゅ赣ゅンの" after "砏﹚".
That clause 104(5) be amended, by deleting "under" and substituting "for the purposes of".
That clause 104(5)(a) be amended, by adding "亩セ" after "ゅン".
Clause 106
兵ㄒ材106兵
That clause 106 be amended, by deleting subclause (2) and substituting
"(2) If -
(a) the language of the proceedings before the designated patent office is other than one of the official languages; and
(b) the corresponding designated patent or designated patent application as translated into one of the official languages confers protection which is narrower than that conferred by it in the language of the proceedings before the designated patent office,
then a translation into one of the official languages of the specification of the corresponding designated patent or of the claims of the corresponding designated patent application shall be treated as the authentic text of the specification of the standard patent or of the claims of the standard patent application respectively for the purpose of any proceedings under this Ordinance, other than proceedings for the revocation of the patent.".
That clause 106(3) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 106(3) be amended
(a) in paragraph (a), by deleting "赣兜ビ叫" and substituting "赣兜紉ノ".
(b) by deleting "ㄏノ" wherever it appears and substituting "紉ノ".
That clause 106(4) be amended, by deleting "そガ" wherever it appears and substituting "祇".
Clause 109
兵ㄒ材109兵
That clause 109 be amended
(a) in paragraph (a), by deleting "讽ㄤ碞赣兜祇ビ叫┪" and substituting "碞ビ叫┪讽ㄤ赣兜祇".
(b) by deleting "盡ビ叫" and substituting "盡ビ叫".
(c) by deleting "や赣兜才ヴ︙璹兵ン" and substituting "才ヴ︙璹兵ンや赣兜".
That clause 109(b) be amended, by deleting "at the date of commencement of this Ordinance".
Clause 110
兵ㄒ材110兵
That clause 110(1)(a) be amended, by deleting "convention country" and substituting "Paris Convention country or WTO member country, territory or area".
That clause 110(2)(a) be amended, by deleting "convention country" and substituting "Paris Convention country or WTO member country, territory or area".
That clause 110(2)(b) be amended, by deleting "convention country" and substituting "Paris Convention country or WTO member country, territory or area".
That clause 110(3) be amended
(a) in paragraph (a), by adding "of an application for a short-term patent" after "filing".
(b) in paragraph (b), by adding "for a short-term patent" after "previous first application".
(c) in paragraph (c), by adding "for a short-term patent" after "previous application".
(d) by deleting ""regular filing" (タ砏矗ユ)" and substituting ""regular filing of an application for a short-term patent" (祏戳盡ビ叫タ砏矗ユ)".
(e) by adding "for the short-term patent" after "the application" where it first appears.
That clause 110(4) be amended, by deleting "convention country" and substituting "Paris Convention country or WTO member country, territory or area".
That clause 110(4) be amended, by deleting "腹" and substituting "穝".
Clause 113
兵ㄒ材113兵
That clause 113(1) be amended
(a) by adding "be signed by the applicant and" after "short-term patent shall".
(b) in paragraph (b)(ii), by deleting "and 4 subsidiary claims".
That clause 113 be amended, by deleting subclause (2) and substituting
"(2) An application for a short-term patent -
(a) shall state the name and address of the applicant;
(b) shall identify the person or persons whom the applicant believes to be the inventor or inventors and shall specify the last known address of that person or persons;
(c) where the applicant is not the sole inventor or the applicants are not the joint inventors, shall contain a statement indicating the derivation of his or their entitlement to exercise the right to the short-term patent; and
(d) shall specify an address in Hong Kong for service of documents.".
That clause 113(4)(b) be amended
(a) in subparagraph (iii), by deleting "or".
(b) in subparagraph (iv), by deleting the full stop and substituting a semicolon.
(c) by adding -
"(v) in relation to any invention which requires for its performance the use of a micro-organism, information concerning the availability to the public of samples of the mirco-organism.".
That clause 113(4)(b) be amended, in the Chinese text, by deleting subparagraph (ii) and substituting
"(ii) 酚材111兵┮碞ヴ︙耕Ν盡ビ叫ㄣΤ纔舦羘嘿㎝赣兵┮や纔舦ゅン".
That clause 113(8)(a) be amended, by adding "厨" after "琩浪".
Clause 115
兵ㄒ材115兵
That clause 115(1) be amended, by deleting "mentioned in" and substituting "made for the purposes of".
That clause 115(4) be amended, by deleting "纔" and substituting "纔".
Clause 117
兵ㄒ材117兵
That clause 117 be amended, by deleting paragraph (d) and substituting
"(d) any matter specified in section 45, 77, 78, 79, 93, 94, 96, 97, 100, 109, 110, 111(2) to (6) or 120(2).".
That clause 117 be amended, by deleting "ゅ" and substituting "Τゅ".
Clause 119
兵ㄒ材119兵
That clause 119(1) be amended, by deleting "ぃ眔" and substituting "ぃ眔".
That clause 119(1)(b) be amended, by deleting "6" and substituting "12".
Clause 125
兵ㄒ材125兵
That clause 125(1)(b) be amended, by adding "and (2A)" after "(2)".
That clause 125 be amended, by adding
"(2A) Despite subsection (2), where the date of grant of a short-term patent occurs after the expiry of the 4th year from the date of filing of the application for that patent then -
(a) the prescribed renewal fee may be paid at any time before the expiry of 3 months beginning from the date of grant and in the event of such payment the patent shall remain in force for the balance of the period of 4 years specified in subsection (2);
(b) the patent shall cease to have effect under this section if, and only if, the prescribed renewal fee is not paid as provided in paragraph (a).".
That clause 125(4) be amended, by adding "or (2A), as the case may be," after "(2)".
That clause 125(4) be amended
(a) by deleting "候钡".
(b) by deleting "Τ戳".
(c) in paragraphs (b) and (c), by deleting "Τ戳⊿Τ" and substituting "ゼ纯".
That clause 125(5)(b) be amended, by deleting "ネ" and substituting "Τ".
That clause 125(5)(b) be amended, by adding "or (2A)" after "(2)".
Clause 128
兵ㄒ材128兵
That clause 128(1)(a) be amended, by deleting "registered" and substituting "granted".
Clause 130
兵ㄒ材130兵
That clause 130(1) be amended, by deleting "is entitled to appear" and substituting "shall be entitled to appear or be represented".
Clause 132
兵ㄒ材132兵
That clause 132(1) be amended
(a) in paragraph (b), by deleting "he" where it first appears and substituting "the Registrar".
(b) by adding -
"(3) Reference in subsection (1) to an option to make an application either to the court or to the Registrar includes reference to an option to refer a question either to the court or to the Registrar.".
Clause 140
兵ㄒ材140兵
That clause 140 be amended, by deleting the clause and substituting
"140. Falsification of register, etc.
A person who -
(a) makes or causes to be made a false entry in any register kept under this Ordinance, knowing the entry to be false; or
(b) makes or causes to be made a writing falsely purporting to be a copy or reproduction of an entry in any register kept under this Ordinance, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the writing to be false,
commits an offence and is liable -
(i) on summary conviction, to a fine at level 5 and to imprisonment for 6 months;
(ii) on conviction on indictment, to imprisonment for 2 years.".
Clause 144
兵ㄒ材144兵
That clause 144(2)(b) be amended, by adding "︽" after "そ禗竜".
That clause 144(7) be amended, by deleting "shall be guilty of the like offence" and substituting "is also guilty of the offence and liable to be proceeded against and punished accordingly".
Clause 156
兵ㄒ材156兵
That clause 156 be amended, by deleting subclause (2) and substituting
"(2) Subject to subsection 3 and to necessary modification -
(a) sections 73 to 75, 80, 81, 85 to 87, 89 and 90 shall apply to any act done on or after the commencement date which infringes an existing registered patent; and
(b) sections 82 to 84 shall apply to any such act which infringes an existing registered 1977 Act patent,
as those sections apply to infringements of a patent granted under this Ordinance.".
Clause 157
兵ㄒ材157兵
That clause 157(1) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 157(2) be amended, by deleting "そガ" wherever it appears and substituting "祇".
That clause 157(2)(d) be amended, by adding "" after "猭盡".
That clause 157(3) be amended
(a) in paragraph (g) -
(i) by deleting "entries appearing at the commencement date in the register kept under the repealed Ordinance" and substituting "details of patents registered under the repealed Ordinance before the commencement date";
(ii) by deleting "such entries" and substituting "such details";
(iii) in subparagraph (ii), by deleting "of an entry in the register." and substituting "in the register of such details;".
(b) by adding -
"(h) for the amendment by the Registrar by notice published in the Gazette of any time limit specified in, or any Schedule to, such rules.".
That clause 157(3)(c) be amended, by deleting everything from "ㄏ" to "穦ㄣΤ" and substituting "ネら戳讽ら┪ぇネ羛瓣瞷Τ爹盡ヴ︙璹┪篗綪ㄏ┪穦︑ヴ︙Νネら戳ら戳怇羛瓣ㄣΤ".
Clause 158
兵ㄒ材158兵
That clause 158 be amended, in the definition of "∕盢盡沮紀埃兵ㄒ爹ビ叫", by deleting "ビ叫赣兜ビ叫獶妮兜ネら戳沮紀埃兵ㄒ爹ビ叫" and substituting "ネら戳ごゼ沮紀埃兵ㄒ爹ビ叫".
That clause 158(1) be amended
(a) by deleting the definition of "existing registered patent" and substituting -
""existing registered patent" (瞷Τ爹盡) means a 1949 Act or 1977 Act patent which -
(a) was registered under the repealed Ordinance before the commencement date; and
(b) at the commencement date -
(i) was still in force in the United Kingdom;
(ii) had ceased to have effect in the United Kingdom, but subsequently is treated for the purposes of the 1977 Act as having never expired; or
(iii) had ceased to have effect in the United Kingdom but subsequently is restored by an order made under the 1977 Act;".
(b) by deleting the definition of "published application for a 1977 Act patent" and substituting -
""published application for a 1977 Act patent" (祇1977猭盡ビ叫) means an application for a patent -
(a) pursuant to which there could be granted a 1977 Act patent; and
(b) published before the commencement date,
and in the case of an international application reference in paragraph (b) to publication shall be read as a reference to such publication of the application by a designated patent office as serves to indicate that the international application has validly entered its national phase;".
Question on the amendments put and agreed to.
タぇ某肈竒窖∕莉硄筁
Question on clauses 2, 5, 8, 12, 15, 16, 19, 22, 23, 24, 29, 37, 43, 46, 51, 52, 56, 61, 62, 73, 74, 75, 81, 82, 84, 91, 94, 104, 106, 109, 110, 113, 115, 117, 119, 125, 128, 130, 132, 140, 144, 156, 157 and 158, as amended, put and agreed to.
竒タ兵ㄒ材258121516192223242937434651525661627374758182849194104106109110113115117119125128130132140144156157の158兵ぇ某肈竒窖∕莉硄筁
New clause 124A Short-term patent application
穝璹兵ㄒ材124A兵 based on international application
瓣悔ビ叫膀娄祏戳盡ビ叫
Clause read the First time and ordered to be set down for Second Reading pursuant to Standing Order 46(6).
兵ㄒ兵ゅ竒筁弄ㄌ沮穦某盽砏材46兵材(6)蹿砏﹚㏑逼弄
SECRETARY FOR TRADE AND INDUSTRY: Mr Chairman, I propose that new clause 124A as set out in the paper circularized to Members be read the second time.
Clause 124A makes it clear that our short-term patent system will also be able to deal with international applications seeking utility model protection in the Mainland. This new clause is supported by the Bills Committee.
Question on the Second Reading of the clause proposed, put and agreed to.
兵ㄒ兵ゅ弄ぇ某肈竒矗某繦窖∕莉硄筁
Clause read the Second time.
兵ㄒ兵ゅ竒筁弄
SECRETARY FOR TRADE AND INDUSTRY: Mr Chairman, I move that new clause 124A be added to the Bill.
Proposed addition
览某糤干
New clause 124A
穝璹材124A兵
That the Bill be amended, by adding immediately after clause 124
"124A. Short-term patent application based
on international application
(1) Where an international application seeking a patent for a utility model and designating the People's Republic of China has entered its national phase in the People's Republic of China, the applicant in the international application may apply for a short-term patent for the invention (if any) disclosed in that application.
(2) An application for a short-term patent made pursuant to this section may be filed at any time before a date 6 months after the entry into the national phase of the international application in the People's Republic of China, or such other date as may be prescribed by rules.
(3) An application for a short-term patent made pursuant to this section shall contain -
(a) a photocopy of the international application as published by the International Bureau under Article 21 of the Patent Cooperation Treaty;
(b) a photocopy of the international search report in relation to the international application as published under Article 21(3) of the Patent Cooperation Treaty (whether contained in the international application as published or separately published);
(c) the date of entry of the international application into the national phase in the People's Republic of China;
(d) a photocopy of the translation of the international application (if any) published by the Chinese Patent Office; and
(e) a photocopy of any information that may be published by the Chinese Patent Office concerning the international application.
(4) Section 113 applies in relation to an application for a short-term patent made pursuant to this section as if for subsection (1)(b) to (d) of that section there was substituted a reference to the documents specified in subsection (3)(a) to (e) of this section.
(5) Where an application made pursuant to this section results in the grant of a short-term patent, the application shall be deemed to have as its date of filing the international filing date accorded to the international application for the purposes of Article 11 of the Patent Cooperation Treaty and, in this Ordinance, reference to the date of filing of an application in relation to a short-term patent which has been granted pursuant to an application made as provided for in this section shall be construed accordingly.
(6) In this section, "Chinese Patent Office" (い瓣盡Ы) means the office established under the laws of the People's Republic of China for the granting of patents for inventions.".
Question on the addition of the new clause proposed, put and agreed to.
糤干穝兵ゅぇ某肈竒矗某繦窖∕莉硄筁
Schedules 1 and 2
1の2
SECRETARY FOR TRADE AND INDUSTRY: Mr Chairman, I move that the Schedules be amended as set out in the papers circularized and tabled for Members' consideration. The changes are technical and we have briefed the Bills Committee on these.
Mr Chairman, I beg to move.
Proposed amendments
览某タず甧
Schedule 1
1
That Schedule 1 be amended
(a) by deleting the Schedule heading and substituting "PARIS CONVENTION COUNTRIES AND WTO MEMBER COUNTRIES, TERRITORIES AND AREAS".
(b) by deleting -
"Countries which have acceded
to the Paris Convention"
and substituting -
"Paris Convention countries
The following are specified for the purposes of the definition of "Paris Convention country" in section 2(1) as countries which have acceded to the Paris Convention -".
(c) under the heading "Paris Convention countries", by adding -
"Colombia
Equatorial Guinea
Nicaragua
Panama
Sierra Leone
United Arab Emirates".
(d) by deleting -
"Countries, territories and areas
which have acceded to the World
Trade Organisation Agreement
(not including countries
which have acceded to
the Paris Convention)"
and substituting -
"WTO member countries, territories
and areas (not including Paris
Convention countries)
The following are specified as being countries, territories or areas which have acceded to the World Trade Organisation Agreement -".
(e) under the heading "WTO member countries, territories and areas (not including Paris Convention countries)" -
(i) by deleting -
"Colombia
Nicaragua
Tanzania
United Arab Emirates";
(ii) by adding -
"Angola
Papua New Guinea
Solomon Islands".
That Schedule 1 be amended, under the heading "Paris Convention countries"
(a) by deleting -
"い地チ㎝瓣
皑ㄤ箉
彪甫
集焊笷蝴ㄈ";
(b) by adding -
"い瓣
皑ㄤ箉玡玭吹┰ひ㎝瓣
集焊ニ㎝瓣
霉皑毙".
Schedule 2
2
That Schedule 2 be amended, by deleting everything after " " and substituting
""7G. 筁寸┦兵--
(1) ヴ︙闽よ拜肈 -
(a) ネら戳玡パ現┎┪莉羆服甭舦沮材7B兵材7B兵候钡ネら戳玡ず甧琌篶Θ﹛よ狝叭τ紉ノ兜盡祇┪
(b) 碞ヴ︙瓃紉ノτ斗ヴ︙蹿ぃ阶琌倒Τ舦碞赣兜祇爹盡┪盡Τ┪盡ノ疭砛Τ
斗酚材7B︓7D兵材7B︓7D兵候钡ネら戳玡ず甧ぉ掉﹚
(2) 兜琌ネら戳ぇ玡秨﹍赣ら戳讽ら┪ぇ尿τ赣兜沮候钡赣ら戳玡Τ猭琌穦篶Θ﹛よ狝叭τ紉ノ兜盡祇玥赣兜尿篶Θセ兵ㄒ┮﹛よ紉ノτ獶篶Θ癸舦獻デ
(3) セ兵い"ネら戳"(commencement date)1996醚玻舦禩舱麓璹兵ㄒ1996材11腹材11兵秨﹍龟琁ら戳"".
Question on the amendments put and agreed to.
タぇ某肈竒窖∕莉硄筁
Question on Schedules 1 and 2, as amended, put and agreed to.
竒タ1の2ぇ某肈竒窖∕莉硄筁
Council then resumed.
砰〆穦繦τ確ミ猭Ы
Third Reading of Bills
兵ㄒ弄
THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS reported that the
砏购吏挂厨孔
GOVERNMENT RENT (ASSESSMENT AND COLLECTION) BILL
蝶︳の紉Μ兵ㄒ
had passed through Committee with amendments. He moved the Third Reading of the Bill.
竒タ硄筁砰〆穦糵某顶琿笆某弄瓃兵ㄒ
Question on the Third Reading of the Bill proposed, put and agreed to.
兵ㄒ弄ぇ某肈竒矗某繦窖∕莉硄筁
Bill read the Third time and passed.
兵ㄒ竒弄硄筁
THE SECRETARY FOR TRADE AND INDUSTRY reported that the
坝厨孔
PATENTS BILL
盡兵ㄒ
had passed through Committee with amendments. She moved the Third Reading of the Bills.
竒タ硄筁砰〆穦糵某顶琿笆某弄瓃兵ㄒ
Question on the Third Reading of the Bill proposed, put and agreed to.
兵ㄒ弄ぇ某肈竒矗某繦窖∕莉硄筁
Bill read the Third time and passed.
兵ㄒ竒弄硄筁
MEMBERS' MOTIONS
某某
畊ㄢ兜礚猭ぇ某セ畊钡ず叭〆穦碞某臛阶ぇ祇ē┮矗某τ︗某ョきるせら钡莉Τ闽硄–︗笆某某ぇ某硈祇ē氮臛ずΤ15だ牧祇ēΤ5だ牧碞览某タ祇ē笆某タぇ某のㄤ某玥–Τ7だ牧祇ē沮穦某盽砏材27A兵ヴ︙某璝祇ē禬筄セ畊斗赣某氨ゎ祇ē
SUPPRESSING PROPERTY PRICES
溃ы加基
朝胞糭某笆某某
"セЫ玃叫現┎秈˙蹦Τ惫琁溃ы加基芥笆旧璓加基鰐どㄏカチ礚猭璽踞ㄏカチ贺贺加も猭紇臫現┎莱糤┬戈癟硓Τ種竚穨カチ醇∕﹚現┎璶眖硉辅龟某"
(a) –そガゼㄓ5ノ砍┬ㄑ莱秖
LEGISLATIVE COUNCIL - 28 May 1997
8
ミ猭Ы きるら
LEGISLATIVE COUNCIL - 28 May 1997
9
ミ猭Ы きるら
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