HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1053 OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 29th June 1977
The Council met at half past two o'clock
PRESENT
HIS EXCELLENCY THE GOVERNOR (PRESIDENT)
SIR CRAWFORD MURRAY MACLEHOSE, GBE, KCMG, KCVO
THE HONOURABLE THE CHIEF SECRETARY
SIR DENYS TUDOR EMIL ROBERTS, KBE, QC, JP
THE HONOURABLE THE FINANCIAL SECRETARY (Acting)
MR DAVID HAROLD JORDAN, CMG, MBE, JP
THE HONOURABLE THE ATTORNEY GENERAL
MR JOHN WILLIAM DIXON HOBLEY, CMG, QC, JP
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS
MR LI FOOK-KOW, CMG, JP
THE HONOURABLE DAVID AKERS-JONES, JP
SECRETARY FOR THE NEW TERRITORIES
THE HONOURABLE LEWIS MERVYN DAVIES, CMG, OBE, JP
SECRETARY FOR SECURITY
THE HONOURABLE DAVID WYLIE MCDONALD, JP
DIRECTOR OF PUBLIC WORKS
THE HONOURABLE KENNETH WALLIS JOSEPH TOPLEY, CMG, JP
DIRECTOR OF EDUCATION
THE HONOURABLE ALAN JAMES SCOTT, JP
SECRETARY FOR HOUSING
THE HONOURABLE GARTH CECIL THORNTON, QC
SOLICITOR GENERAL
THE HONOURABLE EDWARD HEWITT NICHOLS, OBE, JP
DIRECTOR OF AGRICULTURE AND FISHERIES
THE HONOURABLE THOMAS LEE CHUN-YON, CBE, JP
DIRECTOR OF SOCIAL WELFARE
THE HONOURABLE DEREK JOHN CLAREMONT JONES, JP
SECRETARY FOR THE ENVIRONMENT
DR THE HONOURABLE THONG KAH-LEONG, JP
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE ERIC PETER HO, JP
SECRETARY FOR SOCIAL SERVICES
THE HONOURABLE PETER BARRY WILLIAMS, JP
COMMISSIONER FOR LABOUR
THE HONOURABLE WILLIAM DORWARD, OBE, JP
DIRECTOR OF COMMERCE AND INDUSTRY (Acting)
THE HONOURABLE JOSEPH CHARLES ANTHONY HAMMOND, JP
SECRETARY FOR THE CIVIL SERVICE (Acting)
THE HONOURABLE DAVID T. K. WONG, JP
SECRETARY FOR ECONOMIC SERVICES (Acting)
DR THE HONOURABLE CHUNG SZE-YUEN, CBE, JP
THE HONOURABLE OSWALD VICTOR CHEUNG, CBE, QC, JP
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1054
THE HONOURABLE ROGERIO HYNDMAN LOBO, OBE, JP
THE HONOURABLE JAMES WU MAN-HON, OBE, JP
THE HONOURABLE LI FOOK-WO, OBE, JP
THE HONOURABLE MRS KWAN KO SIU-WAH, OBE, JP
THE HONOURABLE LO TAK-SHING, OBE, JP
THE HONOURABLE ALEX WU SHU-CHIH, OBE, JP
THE REV THE HONOURABLE JOYCE MARY BENNETT, JP
THE HONOURABLE CHEN SHOU-LUM, JP
THE HONOURABLE LYDIA DUNN, JP
DR THE HONOURABLE HENRY HU HUNG-LICK, OBE, JP
THE HONOURABLE LEUNG TAT-SHING, JP
THE REV THE HONOURABLE PATRICK TERENCE MCGOVERN, SJ, JP
THE HONOURABLE PETER C. WONG, JP
THE HONOURABLE WONG LAM, JP
ABSENT
THE HONOURABLE LEE QUO-WEI, CBE, JP
THE HONOURABLE PETER GORDON WILLIAMS, OBE, JP
THE HONOURABLE HILTON CHEONG-LEEN, OBE, JP
THE HONOURABLE JOHN HENRY BREMRIDGE, OBE, JP
DR THE HONOURABLE HARRY FANG SIN-YANG, OBE, JP
THE HONOURABLE FRANCIS YUAN-HAO TIEN, OBE, JP
IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MRS LOLLY TSE CHIU YUEN-CHU
Affirmation
Mr DAVID T. K. WONG took the Affirmation of Allegiance and assumed his seat as a Member of the Council.
HIS EXCELLENCY THE PRESIDENT: —I would like to welcome Mr WONG to this Council. Papers
The following papers were laid pursuant to Standing Order 14(2): —
Subject LN No
Subsidiary Legislation: —
Country Parks Ordinance 1976.
Country Parks and Special Areas Regulations 1977 .............................................. 131
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1055
Subject LN No
Ferries Ordinance.
Ferries (Amendment) Regulations 1977 .................................................... 132 Fixed Penalty (Criminal Proceedings) Ordinance.
Fixed Penalty (Criminal Proceedings) (Amendment) Regulations 1977 (Commencement) Notice 1977 ................................................. 134
Interpretation and General Clauses Ordinance.
Commissioner for Television and Films (Change of Title) Notice 1977................................................................................................................... 135
Revised Edition of the Laws Ordinance 1965.
Annual Revision 1976 ............................................................................... 136 Professional Accountants Ordinance.
Professional Accountants (Amendment) By-laws 1977 ............................ 137 Public Health and Urban Services Ordinance.
Hawker (Permitted Place) Declaration No 9/1977..................................... 138 Road Traffic (Parking and Waiting) Regulations.
Temporary Closure of Car Park ................................................................. 139
Oral answers to questions
Fishing boat incident
1. DR HU asked: —
Sir, will Government make a statement concerning the recent fishing boat incident in which one of our fishermen was killed and several injured?
THE CHIEF SECRETARY: —Sir, as far as we have been able to establish, a dual registered trawler, M66294Y, usually based at Aberdeen, was on a fishing expedition in the Gulf of Tonkin at the end of May. While the vessel was at anchor, probably within Vietnamese territorial waters and in what the Vietnamese authorities apparently considered to be a closed area, it was challenged by a Vietnamese patrol boat and attempted to escape, whereupon the Vietnamese boat opened fire. Unhappily, the master and owner of trawler, Chan Mui, was hit and subsequently died. No one else on
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1056 [THE CHIEF SECRETARY] Oral answers
board was injured. Although the dead man held a Hong Kong identity card, it is doubtful whether he was a British subject. The trawler was escorted to a nearby island where it was detained for about 30 hours before being released and returning to Hong Kong. We have submitted a full report to the Foreign and Commonwealth Office for its consideration.
Leakage of water mains
2. MR LEUNG asked: —
Sir, will Government state what measures are being or will be taken to prevent loss of water occurring from leakage or breakage in underground water mains?
DIRECTOR OF PUBLIC WORKS: —Sir, considerable care is exercised in laying water mains including the preparation of proper foundations, careful back-filling and consolidation and in-situ pressure tests. The water pipes themselves are works pressure tested to twice their normal working pressure. They have a service life of up to fifty years. It is therefore rare that a burst occurs due to age or faulty materials.
Leaks and bursts generally occur as a result of disturbance by workings on other services close to mains, vibration occasioned by construction works or heavy motor traffic, or ground subsidence.
The Water Supplies Department has standby staff on twenty-four hour duty throughout the year to deal with burst mains and other emergencies. Records show that over the entire salt and fresh water systems some five hundred bursts of varying severity occur during a normal year. The time which elapses before the flow from a burst is brought under control usually varies from thirty to sixty minutes depending upon the distance from the depot and traffic conditions obtaining at the time.
Sir, these control measures are considered to be adequate.
MR LEUNG: —Thank you.
Magistrates—recruitment of
3. MR T. S. LO asked: —
Sir, will Government state whether any progress has been made in recruiting magistrates, whether full time or part
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1057
time, who can communicate in Cantonese and have personal knowledge and experience of local problems?
THE CHIEF SECRETARY: —Sir, at present there are nine locally recruited Cantonese speaking full time magistrates serving in the Judiciary. No attempt has been made to recruit part time magistrates.
Unfortunately it remains very difficult to recruit local lawyers as magistrates, despite frequent attempts to do so. Since 1 January 1976 vacancies for magistrates have been advertised locally on six occasions, as a result of which two new local magistrates were appointed, on the advice of the Judicial Service Commission.
MR T. S. LO: —Sir, has Government considered introducing a special promotion salary scale within the Magistracy, independent of the District Court?
THE CHIEF SECRETARY: — I suppose that it would be possible to secure more local lawyers by paying very large salaries. But this, of course, would distort the pattern of salaries throughout the Public Service. I do not think that the Government can easily adopt a policy of paying whatever the particular market rate is in order to fill a class of vacancies, particularly if good quality candidates are available overseas when local sources are insufficient.
MR T. S. LO: —Sir, if my memory serves me right, when this matter was last raised in this Council, the Government agreed, amongst other thing, to consider resuscitating the old JP courts. Has there been any progress in that direction?
THE CHIEF SECRETARY: —So far as I am aware—no.
MR JAMES WU: —Considering the great advantage of understanding Cantonese in the job of a magistrate, would it be possible to award a special bonus for this special capability, so as to induce more local candidates?
THE CHIEF SECRETARY: —I will put the proposal to the Chief Justice.
Kwai Shing Wai resite area—hygenic condition
4. DR HU asked: —
Sir, is Government now in a position to state what measures will be taken to ameliorate the hygienic conditions of
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1058 [DR HU] Oral answers
Kwai Shing Wai resite area, Kwai Chung, and other similar areas?
SECRETARY FOR HOUSING: —Sir, Kwai Shing Wai was a resite area cleared in 1972 it is now wholly occupied illegally by squatters. The immediate problem of clearing debris following recent clearance of part of this squatter area has been dealt with, but clearance of the remaining part is the only solution to the poor conditions in the area. It is planned that about half of the remaining residents will be moved in July and the rest later this year, into Temporary Housing Areas. Meanwhile, Sir, any family wishing to leave the area has been offered accommodation in Sham Shui Po Transit Centre. This transit centre was formerly an Army camp and its facilities are very good. So far only three families have so far chosen to move.
All squatter areas are provided with standard litter drums and these are emptied at least once daily by cleansing staff of the Urban Services Department. Drains and gutters running along public thoroughfares are also cleared of rubbish as far as possible. Dry pail lavatories are provided either within the area or, if space is not available, on the periphery. The collection of night-soil by Urban Services Department staff is on a daily basis. Water is available through public standpipes and plans are in hand to introduce proper electricity supply to all these areas.
REV JOYCE M. BENNETT: —Sir, is it possible the collection of nightsoil by USD staff could be on a twice daily basis?
SECRETARY FOR HOUSING: —I will have that point looked into, Sir.
(The following written reply was provided subsequently)
The Director of Urban Services informs me that nightsoil is collected from various collection points and taken to the two barge stations at Causeway Bay and Lai Chi Kok in the early hours of the morning (midnight to 6 a.m.) in order to minimise nuisance caused to squatter residents and the general public. There would probably be strong objections raised on hygiene, environmental and aesthetic grounds, if nightsoil were to be collected and transported through public streets in the day time. Indeed, the provisions of the Public Cleansing and Prevention of Nuisances By-laws and corresponding N.T. Regulations prescribe that the removal or carriage of excretal matter should normally be made between midnight and 6 a.m.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1059
The Urban Services Department operates a fleet of 11 nightsoil collection vehicles, with a total capacity of 9,500 gallons per day: the amount collected averages 6,400 gallons per day.
More frequent collections would not eliminate the health objections to dry-pail latrines; and Government policy is to replace them with public flush toilets where water pressure is sufficient and where a suitable site is available. Five flush toilets were built in the urban areas during the financial year 1976-77. Seven toilets (three in the urban area and four in the New Territories) are to be built during the current financial year, at an estimated cost of $2.26 million.
Vermin
5. MR ALEX WU asked: —
Sir, has Government any plans to increase the effectiveness of its efforts to eradicate vermin?
SECRETARY FOR THE ENVIRONMENT: —Sir, no doubt this question arises from the situation in the squatter area of Kwai Shing Wai which has just been covered by the Secretary for Housing. Rats, cockroaches and other vermin can multiply rapidly where there is food and harbourage for them and this area has unfortunately provided very favourable conditions to encourage rats to breed and flourish.
The task of controlling vermin is in the hands of the pest control staff of the Urban Services Department. These staff wage a continuing battle against pests and vermin throughout the territory and they also conduct periodical campaigns to persuade the public to adopt measures that will reduce the incidence of vermin. Examples are the covering up of food and waste food matter, the elimination of hollow spaces and providing gratings over drainpipes. Later this year a special public information campaign will be launched on the best means of preventing and eliminating pests in domestic premises.
None of these measures can be really effective, however, until the public realize that efforts to control rats and other vermin can only work properly where food and harbourage are denied them. The trapping and poisoning of rats in areas where they can obtain plenty of food and comfortable hiding places cannot get to the root of the problem.
So I would say, Sir, that the Government's efforts to eradicate vermin are already as effective as they can be made. But no amount
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1060 [SECRETARY FOR THE ENVIRONMENT] Oral answers
of Government's effort can produce really effective results without the co-operation of the public in improving hygienic conditions and thus denying to vermin the environment in which they can multiply and flourish.
MR ALEX WU: —Sir, would Government appoint a committee to investigate and consider all aspects of vermin control in Hong Kong and to recommend other measures than those in force to deal with this very serious problem?
SECRETARY FOR THE ENVIRONMENT: —Sir, I think that vermin have been with us for thousands of years and modern means of dealing with them are well-known throughout the world. They are certainly well-known here in Hong Kong and I doubt whether any committee could come up with new measures which have not already been considered. It may well be that we could improve our efforts in the sense of putting a little more beef behind them. I will certainly be prepared to ask the Urban Council and in respect of the New Territories, the Director of Urban Services, how effective they consider their measures are at the present moment and whether more effort and perhaps more staff should be put into them.
REV JOYCE M. BENNETT: —Sir, from my experience of rodent control in the Kwun Tong area, I would like to ask whether rodent control workers can be allowed more bait for their traps?
SECRETARY FOR THE ENVIRONMENT: —Sir, I am afraid this rather falls outside my area of expertise (laughter) but I will ask the relevant department to see what they can do.
MR T. S. LO: —Sir, despite the incident in Kwai Shing Wai, is Government satisfied (and it would appear the Government is from its answer) with its efforts to eradicate this problem? A simple point, is Government satisfied with its effort?
SECRETARY FOR THE ENVIRONMENT: —Sir, the Government is satisfied that the services are provided. As I have said, it is largely up to the general public to help by improving hygienic conditions in some places where they are not at all good. It is largely up to the public to help themselves in these matters. We do provide an effective service.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1061
MR T. S. LO: —Sir, under Standing Orders, I am entitled to a full answer to this question. Is Government satified with its efforts?
SECRETARY FOR THE ENVIRONMENT: —Yes, Sir.
Personal information kept in computer banks
6. MR S. L. CHEN asked: —
Sir, has Government any plans to introduce legislation governing personal information kept in computer banks, both to facilitate access by an individual to information relating to himself and to restrict access by other persons to such information?
THE CHIEF SECRETARY: —Sir, the Government has recently asked for guidance on the protection of privacy of computer stored information from the United Kingdom, where White Papers have been published on the subject.
The Hong Kong Computer Society has recently appointed a Privacy Legislation Sub Committee and has undertaken to forward its recommendations to the Government in due course.
When this information is available, the Government will consider whether legislation is desirable.
Control of advertisement
7. MR LEUNG asked: —
Sir, does Government consider present controls over undesirable advertisements in the Chinese press to be adequate, in particular those which appear to contravene the Medical Registration Ordinance and the Undesirable Medical Advertisements Ordinance?
THE ATTORNEY GENERAL: —Sir, as I understand it, the question is concerned with newspaper advertisements advertising treatment for various ailments. The answer is that the controls provided by the Undesirable Medical Advertisements Ordinance are adequate.
If Mr LEUNG is concerned about the enforcement of the law, the answer is that in this field the Police act only on complaint from members of the public. They do not have the resources to examine all newspaper advertisements on a regular basis.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1062 Oral answers
MR LEUNG: —Sir, has there been any such complaints received from members of the public during the past two years?
THE ATTORNEY GENERAL: —I cannot say, Sir, how many complaints have been received. I do know that there have been two prosecutions in the past two years.
MR LEUNG: —Sir, are the newspapers legally permitted to have such undesirable advertisements appear in their papers?
THE ATTORNEY GENERAL: —I don't think I can answer the question in the way in which Mr LEUNG puts it without having a particular example before me. I can only repeat the first part of the answer to the question which is, the law does prohibit undesirable advertisements relating to treatment for certain ailments. Advertisements which contravene that law are of course not permitted.
Written answers in Legislative Council
8. REV JOYCE M. BENNETT asked: —
Sir, will Government table all the written answers to supplementary questions?
THE CHIEF SECRETARY: —Yes, Sir. Or the written answers can be circulated to all Members. Perhaps Dr CHUNG would let me know which procedure Unofficial Members would prefer.
Out-patients clinic—covered waiting areas
9. MR JAMES WU asked: —
Sir, will Government take early steps to provide covered waiting areas at all out patient clinics where such facilities are not already provided?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Yes, Sir. My Department in fact has already been looking into this matter and provided covered waiting areas outside the buildings in a number of out-patients clinics and will continue to take steps to provide such wherever and whenever practicable.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1063 Out-patients clinic—waiting time
10. MR JAMES WU asked: —
Sir, has Government any plans to reduce the waiting time of members of the public attending out-patient clinics?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Yes, Sir. My Department has both long term and short term plans in this regard.
In fact, as an immediate measure we have already taken steps to increase the number of clinic sessions in the evenings as well as on Sundays and public holidays and this scheme will be kept under constant review.
In addition, on a longer term basis, seven new general clinics are scheduled to be completed in the next few years. The first of these clinics will be opened next month in the East Kowloon area. Further, two old clinics will also be reprovisioned to provide more facilities during this period.
With the above measures, the demand for out-patients services should be alleviated to a considerable extent and hence reduce waiting time at the clinics.
MR JAMES WU: —Sir, is there a shortage of qualified doctors to attend to these clinics?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, the way this question is asked is in fact, relative. My answer would be that there is no shortage as far as the establishment is concerned.
MR JAMES WU: —Sir, suppose I put the question in another way. Is it the question of manpower that is preventing the department from providing more and better out-patient clinics to reduce the waiting time substantially?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, that would be only one factor. MR JAMES WU: —Sir, what are the other factors?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Other factors would be the ability to build more clinics by the PWD, the time lag for employment of doctors and other staff and also the time taken for the plans for such other clinics and facilities to materialist.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1064 Oral answers
MR JAMES WU: —Sir, considering the obvious urgency, would it not be possible to lease proper and suitable premises for the purpose?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, as I have already stated just now, the immediate measure that we have taken is to increase the evening, public holiday and Sunday sessions. That would be, in fact, the shortest way of alleviating the problem.
Licensed hawkers
11. REV JOYCE M. BENNETT: —
Sir, are licensed hawkers in the New Territories given any encouragement to apply for and are they given priority in the allocation of market stalls?
SECRETARY FOR THE NEW TERRITORIES: —Sir, full-size market stalls in the New Territories are for the sale of meat, fish and poultry, which may be sold only in public markets or licensed fresh provision shops. No hawkers are licensed to sell meat, fish or poultry. They cannot therefore be given priority in the allocation of these stalls. If a full size stall falls vacant at any time in an existing or a new market, it is put up to auction without restriction on who bids.
Every new market also includes a number of smaller stalls, known as mini-stalls, intended for leasing to various categories of hawkers occupying sites in the surrounding roads. As far as practicable, the number of mini-stalls is planned to correspond with the number of hawkers. Both licensed and unlicensed hawkers are encouraged to apply for these stalls and where there are not enough stalls to cater for them all, priority is given to licensed hawkers. Lessees of these mini-stalls may sell wet or dry goods, but not meat, fish, poultry or cooked food.
Kowloon Chest Clinic
12. MISS KO asked: —
Sir, will Government consider operating at least one evening session a week in the Kowloon Chest Clinic for those patients who are unable to attend the day sessions?
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1065
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, the answer to Miss Ko's question is "yes". This matter is being reviewed and if a need is established her suggestion will be pursued.
MISS KO: —Sir, when is the target date for the completion of the review?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, the reason why I said that the matter would be persued is that because we are waiting for the East Kowloon Polyclinic to be opened by the end of July which, inter alia, provides chest services. And taking into consideration the availability of this service which is likely to decrease the attendances in the evenings, the whole picture has to be taken into account before a decision is made to establish an evening clinic at the Kowloon Chest Clinic. We envisage that the time for such assessment would be the end of August.
REV JOYCE M. BENNETT: —Sir, am I to understand from that the new clinic in East Kowloon will have evening clinics for chest patients?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —No, Sir. As I said just now, it is envisaged that with the day services which is to be provided at the East Kowloon Clinic, we thought that that would affect the attendances at evening clinics; and therefore it is necessary to wait until the new clinic is opened before we could decide whether an evening clinic should be opened at the Kowloon Chest Clinic.
REV JOYCE M. BENNETT: —Sir, how do we deal with the people who have to go to work in the day time?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —At the moment, Sir, special arrangements are being made for them to attend at time convenient to themselves.
MTR Construction—inspection of works
13. MR WONG LAM asked: —(asked in the Cantonese dialect. The following is the interpretation of what Mr WONG Lam asked).
Sir, has the Labour Department experienced any difficulty in carrying out regular inspection of works being undertaken below ground level during the construction of the Mass Transit Railway?
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1066 Oral answers
COMMISSIONER FOR LABOUR: —Sir, members of the Factory Inspectorate have carried out numerous regular inspections underground—mainly excavations—at Mass Transit Railway sites. Since 1st January 1977, there have been 51 such inspections.
The Mass Transit Railway at present has three work areas operating in compressed air. Two Factory Inspectors, two Industrial Health Officers and one Industrial Hygienist have been authorized to enter compressed air workings and I expect inspections of these limited and special areas to start during July.
Cholera inoculation
14. MR PETER C. WONG asked: —
Sir, will Government require arrivals from areas affected by cholera to be inoculated before being admitted to Hong Kong?
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, I have to thank my friend Mr WONG for the opportunity to clarify this matter.
Since 1974, on the advice of the World Health Organization, valid international certificates of inoculation against cholera are no longer required from international travellers even from infected areas among member countries including Hong Kong.
The basic reason is that from extensive experience over nearly two decades, it has been found that the vaccine against cholera while affording some personal protection to the individual, does not prevent the importation of cholera into a country from an infected area. Instead, it is now universally accepted by international health authorities that good environmental sanitation and personal hygiene are the two essential factors in the prevention of the spread of cholera within the community.
Hiring of motorcycles (1)
15. MR LOBO asked: —
Sir, what measures is Government taking to ensure that all persons hiring motorcycles are holders of valid driving licences?
ADDENDUM
OFFICIAL REPORT OF THE LEGISLATIVE
COUNCIL SITTING HELD ON 29TH JUNE 1977
Page 1067 Before "Hiring of motorcycles (3)"—Question 17 asked by Mr LOBO.
Add: —
(The following written reply was provided subsequently by Secretary for the Environment)
First, there is the liability of the hiring establishments if motorcyclists are involved in accidents when riding hired machines. The Police have checked the insurance policies held by these establishments and have confirmed that all of them cover the use of the motorcycles for hire. Normally, therefore, a victim of an accident involving one of these machines can expect to receive compensation from the insurance company.
The other matter you raised—the degree of control to be exercised over the hiring establishments—is more difficult to tackle. Consideration has been given to the possibility of licensing these garages but it has proved to be virtually impossible to devise a set of conditions that could be reasonably demanded or, more important, adequately enforced. The crux of the problem is that conditions in Hong Kong force the majority of those learning to ride motorcycles to begin to do so on dangerously crowded roads. The Government is, however, allocating to the Automobile Association a piece of land in Butterfly Valley, Lai Chi Kok for use as an off-street driver training centre and it is hoped that facilities will be made available for motorcyclists there. If this scheme works well then efforts will be made to see if other areas might be found for this purpose, although I cannot promise that this will be easy.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1067
SECRETARY FOR THE ENVIRONMENT: —Sir, anyone who rides a motorcycle on the public highway without a full driving licence or provisional licence is committing an offence. Such offenders, if they are found by the Police in random checks, or through committing some other offence or being involved in an accident, are prosecuted in court. It is not possible effectively to ensure that all persons who hire motorcycles are holders of driving licences but, as holders of provisional licences are permitted to ride cycles carrying "L" plates, the problem is not thought to be widespread.
Hiring of motorcycles (2)
16. MR LOBO asked: —
Sir, what measures is Government taking to ensure that adequate control is exercised over garages and other places from which motorcycles may be hired?
SECRETARY FOR THE ENVIRONMENT: —Sir, the hiring out of motorcycles is a comparatively new phenomenon in Hong Kong, but there are at present a dozen or so establishments, mostly in Kowloon, which carry on this business. The Government is concerned about the risks associated with it and intend to examine the problems which may arise in order to decide whether suitable controls over the trade are necessary and could be effectively enforced.
MR LOBO: —In view of the number of accidents which take place involving motorcycles in particular in the Summer, will immediate steps be taken to examine this phenomenon?
SECRETARY FOR THE ENVIRONMENT: —Yes, Sir. I will have it looked into very quickly. Hiring of motorcycles (3)
17. MR LOBO asked: —
Sir, what measures is Government taking to ensure that garages of operators who allow cyclists without valid driving licences to hire motorcycles become liable for damages which may arise from traffic accidents involving their motorcycles?
SECRETARY FOR THE ENVIRONMENT: —Sir, the Commissioner of Police is concerned that some of the third party insurance policies taken
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1068 [SECRETARY FOR THE ENVIRONMENT] Oral answers
out by establishments hiring out motorcycles may not provide effective cover in the event of accidents, as required under section 4(1) of the Motor Vehicles Insurance (Third Party Risks) Ordinance, Chapter 272. He is seeking legal advice on this question and, if it turns out that existing legislation is not adequate to meet the problem, suitable amendments will be sought.
Alleged mismanagement of school funds
18. MR F. W. LI asked: —
Sir, will Government make a statement on the alleged mismanagement of school funds in a Government-aided secondary school as soon as practicable?
THE ATTORNEY GENERAL: —Sir, I assume that Mr LI's question relates to the Precious Blood Golden Jubilee Secondary School. The position is that, after considering a report prepared by Education Department auditors, the Director of Public Prosecutions considered that there are matters warranting a Police investigation. Such an investigation is now in hand. There is nothing further that I can properly say.
MR F. W. LI: —Sir, when does Government expect this investigation to be completed and will the results of this investigation be made known to the public?
THE ATTORNEY GENERAL: —My present information is, Sir, that the investigation is likely to take some time. It does look as if it will be a difficult and complicated one. The answer to the second part of the question is that it would depend, I think, what the outcome of the investigation is as to the form which publicity will take.
Restrictions on textile imports by French Government
19. DR CHUNG: —Sir, in accordance with Standing Order No 17(4) may I have your permission to ask a question without notice? This request is made on the ground that it is of an urgent nature and that it relates to a matter of public interest. I would like to add, Sir, that sufficient private notice of the question has been given to the Government.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1069 HIS EXCELLENCY THE PRESIDENT: —Please ask your question.
DR CHUNG: —The question is: —"In view of the disturbing reports both in the press and in the trade circle, will Government make a statement regarding the recent additional restrictions on textile imports by the French Government?"
DIRECTOR OF COMMERCE AND INDUSTRY: —Sir, Dr CHUNG refers, I believe, to a statement which was made by the French Minister of Trade some two weeks ago in which he announced that additional restrictions were being imposed on import of textile into France for the period up to the end of this year. The full details were not given in the announcement nor have they been given subsequently. It appeared that the restrictions were non-discriminatory, but nonetheless affected trade in which Hong Kong was already exercising export restraint under a bilateral agreement concluded three years ago between Hong Kong and the European Economic Community. Despite both formal and informal contacts in both Paris and Brussels over the last ten days or so, I regret to say that we have still been unable to obtain definitive information on the French action which was, as I said, reported in the press. It was reported to have been officially announced nearly two weeks ago and implemented one week ago. I have been led to expect an early formal communication from the French Authorities, however, and I hope to be able to make a statement on this soon. I should note that the restrictions appeared to affect only three categories of textiles of interest to Hong Kong. Trade resources, however, indicate that some dislocation of trade is already taking place, in that Hong Kong export licences which were issued in good faith for trade conducted in good faith are not being honoured in France at this moment. Since the bilateral agreement under which this trade was restrained was concluded between Hong Kong and European Economic Communities, as I have already said, Sir, we are taking this matter up urgently with the EEC Commission in Brussels for clarification.
DR CHUNG: —Sir, in the light of the seriousness of the situation, will Government exert greater pressure on the French Government and indeed on the EEC Commission to resolve this problem satisfactorily as early as possible?
DIRECTOR OF COMMERCE AND INDUSTRY: —Yes, Sir.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1070 Government business
Motion
INTERPRETATION AND GENERAL CLAUSES ORDINANCE
THE SECRETARY FOR SECURITY moved the following motion: —
That—
the functions exercisable by the Commissioner of the Essential Services Corps by virtue of any enactment be transferred to the Secretary for Security; and
in any enactment containing a reference to the Commissioner of the Essential Services Corps, there be substituted therefor a reference to the Secretary for Security.
He said: —We have been reviewing and revising some of the arrangements which may be required to maintain essential services in certain circumstances. As a result the full time appointment of Commissioner of the Essential Service Corps is no longer required. The duties of this post have been absorbed into those of the Security Branch of the Government Secretariat generally. This Resolution, therefore, transfers the functions and duties previously exercised by the Commissioner to the Secretary for Security.
Question put and agreed to.
First reading of bills
JUBILEE SPORTS CENTRE BILL 1977
FIXED PENALTY (TRAFFIC CONTRAVENTIONS) (AMENDMENT) BILL 1977
Second reading of bills
JUBILEE SPORTS CENTRE BILL 1977
THE SECRETARY FOR HOME AFFAIRS moved the second reading of: — "A bill to provide for the construction, establishment and management of a sports centre at Sha Tin and to provide for matters connected therewith and incidental thereto."
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1071
He said: —Sir, when the Royal Hong Kong Jockey Club submitted to Government in 1971 its plans to develop a racecourse at Sha Tin, these included the provision of an area in the centre of the racecourse for recreation and relaxation.
As a new racecourse developed, the Stewards of the Club realized that they would be able to make available an area of over 40 acres for sporting purposes. They saw in this a unique opportunity to establish a centre for active sports on a scale unprecedented for Hong Kong. Not only was there a large area of flat land, but the extra road and rail facilities to be provided in connection with the development of Sha Tin and of the racecourse would make the centre easily accessible.
These proposals were submitted to, and endorsed by, the Government. In April this year, Mr P. G. WILLIAMS, the Chairman of the Jockey Club, and my predecessor, Mr BRAY, announced at a press conference, the project for a Sports Centre in Sha Tin, to be a joint undertaking by the Government and the Jockey Club. The Club's initial contribution will be its expenditure on the 41 acres of reclaimed land; the Government's will be the provision of $25 million towards the building of the Centre.
Sir, the first step towards the realization of this project is to establish, as a body corporate, the Jubilee Sports Centre Board, and this is the main purpose of the bill before Members. The more important provisions are explained in the Explanatory Memorandum to the bill and there are only three points on which I would like to elaborate further.
Clause 5 sets out the functions of the Board, emphasizing that the principal aim of the Sports Centre is to provide expert coaching in sports, and facilities for practice, with a view to raising standards and stimulating increased participation in sport and recreation generally.
Clause 7 enables the Board to fix fees and charges for the use of the facilities in the Sports Centre; it also empowers the board to waive these fees and charges, particularly in the case of young people under 18 years of age. The intention is that membership of the Sports Centre should be free to persons under 18, while others may be required to pay a nominal fee as "associates" of the Sports Centre.
Clause 12 provides for the membership of the Board. Your Excellency has appointed a provisional Board, under the chairmanship of Sir Albert RODRIGUES, the other members being Mr P. G. WILLIAMS and Mr Lamson KWOK (who are both Stewards of the Royal Hong
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1072 [THE SECRETARY FOR HOME AFFAIRS] Jubilee Sports Centre Bill— second reading
Kong Jockey Club), Sir Donald LUDDINGTON and Mr Edwin WONG (who is a Chief Architect of the Public Works Department specializing in the design of recreational buildings). The provisional Board was established so that planning could start before the enactment of this bill. I am authorized to say that it is Your Excellency's intention to appoint these five persons to the Board when it is established by ordinance.
The provisional Board has already initiated action to advertise for a Chief Executive, who will assist the Board in the planning of the Sports Centre and will later be responsible for its day-to-day management. The Board will consult experts and organizations with experience of the planning of Sports Centres.
Sir, this project is on a scale unparallelled for Hong Kong and all those who have been concerned with it are anxious to see it come to fruition as soon as this is possible. I am hopeful that some of the facilities in the Sports Centre will be available within about three years and that the Sports Centre will be in full operation a year later.
Motion made. That the debate on the second reading of the bill be adjourned—THE SECRETARY FOR HOME AFFAIRS.
Question put and agreed to.
FIXED PENALTY (TRAFFIC CONTRAVENTIONS)
(AMENDMENT) BILL 1977
THE SECRETARY FOR THE ENVIRONMENT moved the second reading of: —"A bill to amend the Fixed Penalty (Traffic Contraventions) Ordinance."
He said: —Sir, the principal Ordinance, which came into force in September 1971, provides for a fixed penalty of $30 to be paid in respect of each of 13 contraventions of the law relating to the parking and waiting of vehicles. The bill I am introducing this afternoon is intended to simplify, streamline and strengthen the provisions of that ordinance in the light of experience since its enactment and following a major review of its operations.
The two main changes proposed in the bill are, first, the introduction of certain more equitable provisions, particularly a schedule of defences, where the existing law tends to be too severe in effect; and,
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1073
secondly, to make provision for the issuing of a general distress warrant to ensure better recovery of unpaid penalties. I will, however, deal briefly with all the proposed amendments, taking them in the order in which they appear in the bill.
Section 8 of the principal ordinance concerns the parking of goods vehicles. Under section 8(2), no vehicle is able to park if it overlaps beyond one metered parking space. A new section 8(3) in clause 5 of the bill enables longer vehicles to use more than one metered space, provided they do not exceed actual parking requirements, and a new section 10(3) in clause 7 provides for the appropriate meter payment for each space so occupied.
Section 11 of the principal ordinance relates to defective parking meters. Clause 8 of the bill introduces a new section 11(2) which provides a further defence, where a vehicle is parked in a space where a meter is defective, to cover situations where a coin cannot be inserted because of a jammed entry point.
In clause 9, we come to the main feature of the bill which I have already mentioned, that of scheduled defences. This provides for a new section 12, under which all possible contraventions, and an expanded list of permitted defences, have been removed from the body of the principal ordinance and tabulated in the First and Second Schedules. As well as increasing the range of permitted defences this amendment will make it quite clear which scheduled circumstances constitute a valid defence for any possible parking contravention.
Clause 10(b) amends section 15 to provide that, where a fixed penalty has not been paid by the due date, payment may not be accepted during the interval before proceedings commence under section 16. This is because the computer automatically issues a summons after the payment date and any cheque received in the interim would not include the additional $15 in costs which is payable once a summon is issued. This amendment regularises existing practice. A new section 15A in clause 11 provides that the Commissioner of Police may withdraw a fixed penalty notice before the commencement of proceedings. This is in line with provisions in the Fixed Penalty (Criminal Proceedings) Ordinance.
Four new sections are also introduced. A new section 18 provides for "in absentia" hearings at all stages. Section 20A provides that the complainant, the Attorney General, may discontinue a complaint. A new section 20B covers payment of a fixed penalty after the issue of
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1074
[THE SECRETARY FOR THE ENVIRONMENT] Fixed Penalty (Traffic Contraventions) (Amendment) Bill—second reading
a summons and a new section 21(2A) relates to the validity of road signs.
Clause 17 seeks to amend section 22 of the principal ordinance to provide for the payment of court costs, which are now met by the defendant, to be dependent on the magistrate's decision. This revised section also provides for the magistrate to make a court order which will require the Commissioner for Transport not to permit the relicensing of a vehicle or the transfer of vehicle ownership, thereby preventing a defendant from escaping the payment of a penalty in this way.
Finally, clause 18 introduces a new section 23 to provide for the introduction of a general distress warrant on the goods and chattels of a defendant who has not paid a penalty. This debt enforcement action is made comparable with that taken after any other civil proceedings, and the procedures are simplified to facilitate recovery of the debt and to free scarce police resources from direct involvement in debt recovery. The amendment seeks to provide that, if the debt is not paid within a month of the court order being made, the Attorney General may apply to a magistrate for a distress warrant whereby court bailiffs may seize any of the debtor's property, and not merely his vehicle, in payment of the debt.
Motion made. That the debate on the second reading of the bill be adjourned—THE SECRETARY FOR THE ENVIRONMENT.
Question put and agreed to.
IMMIGRATION (AMENDMENT) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1075 ADOPTION (AMENDMENT) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed a committee of the whole Council pursuant to Standing Order 43(1). DENTISTS REGISTRATION (AMENDMENT) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
MR JAMES WU: —Arising from the Dentists Registration (Amendment) Bill, I wish to mention that, as duty roster Member of UMELCO, I have received complaints that some dental graduates from non-commonwealth countries have had to wait for one year to sit for the Registration Examination as a result of inadequate examination facilities provided by the Dental Council. These complaints were taken up with the Council and I was pleased to learn that the Council has promised to endeavour, as far as possible, to provide better examination facilities in the future. It is my hope that real improvements will be brought into effect at an early date so that the present shortage of dentists can be reduced. It would appear that Hong Kong stands to gain very much by providing more examination facilities to induce qualified graduates to practise here, particularly those of Hong Kong origin, and before our own Dental School is established.
Sir, I support the motion.
DIRECTOR OF MEDICAL AND HEALTH SERVICES: —Sir, as there is nothing really useful that I could add to my statement, I should just like to thank Mr WU for supporting the motion.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1076 PHARMACY AND POISONS (AMENDMENT) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
STAMP (AMENDMENT) (NO 2) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
ASIATIC EMIGRATION (REPEAL) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
EMPLOYMENT (AMENDMENT) (NO 4) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
MR PETER C. WONG: —Sir, the Employment (Amendment) (No 4) Bill 1977 is a further measure to protect the wages of employees in the
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1077
building and civil engineering construction industries. It seeks to make a principal contractor of building works, and superior nominated sub-contractors and superior sub contractors, vicariously liable for the unpaid wages of an employee who is employed by a subordinate sub-contarctor of the works. In moving the second reading of this bill, the Commissioner for Labour stated that although there is no master and servant relationship between the principal contractor and workers employed by his sub-contractors, in the building and construction industry during the period November 1968 to April 1974, in over half the disputes involving sub-contracting, the principal contractors accepted liability for wages owed by the sub-contractors. This bill will therefore give legislative effect to the existing practice of good contractors.
The ad hoc group of eight Unofficial Members formed to study this bill have carefully considered its provisions and have had useful discussions with the Commissioner for Labour. With certain minor reservations, the Group is happy with the provisions of this proposed legislation.
We have, however, two suggestions to make:
(1) The words "principal sub-contractor" in section 43F(3)(a) should be amended to read "principal contractor".
(2) Under sections 43E(1) and 43I(1), a sub-contractor or a nominated sub-contractor is respectively required to provide his employees, in the event of his failure to pay wages, with the name and address of the principal contractor and every superior sub-contractor or main nominated sub-contractor and every superior nominated sub-contractor. Obviously, this information is essential to the employees whose wages have not been paid. It is felt that as a matter of justice, a contractor, who is vicariously liable to pay the wages under the provisions of this bill, should have a right to ascertain whether he is in fact paying wages to the right parties. Where the question of vicarious liability arises, the bill should require all sub-contractors in the chain of sub-contracting to provide the contractor, who is vicariously liable, with information relation to employees claiming unpaid wages. If this information is not available, difficulties might arise when it comes to settlement of accounts between the contractor who has paid the wages under the provisions of this bill and the defaulting sub contractor.
Government has noted both suggestions and will at the committee stage move appropriate amendments.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1078
[MR PETER C. WONG] Employment (Amendment) No 4 Bill—resumption of debate on second reading
This bill, no doubt, is part of Government's continuing efforts to protect wages. It is not difficult to envisage that the provisions of this bill, if passed into law, will help discourage indiscriminate sub-contracting and minimize exploitation by irresponsible sub contractors who, apart from monetary considerations, perform no useful function or service.
Sir, I support the motion.
COMMISSIONER FOR LABOUR: —Sir, I am grateful for the assistance and support given to this bill during its passage through Council by Mr Peter C. WONG and the other Unofficial Members who made up the ad hoc group.
The amendments proposed have been accepted and will be made at the Committee Stage. The preparation of this bill has not been without its difficulties, but many problems were ironed out with the help of the Building Contractors' Association whose members gave up much of their time to detailed consultations. Many of their views have been accepted or taken into consideration and appropriate modifications made.
The enactment of this bill, Sir, will represent one more step forward in our efforts to protect the legitimate interests of workers.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1). TRADE MARKS (AMENDMENT) BILL 1977
Resumption of debate on second reading (15th June 1977)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1).
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1079 Committee stage of bills
Council went into Committee.
IMMIGRATION (AMENDMENT) BILL 1977
Clauses 1 and 2 were agreed to.
ADOPTION (AMENDMENT) BILL 1977
Clauses 1 to 7 were agreed to.
DENTISTS REGISTRATION (AMENDMENT) BILL 1977
Clauses 1 to 11 were agreed to.
PHARMACY AND POISONS (AMENDMENT) BILL 1977
Clauses 1 to 6 were agreed to.
STAMP (AMENDMENT) (NO 2) BILL 1977
Clauses 1 to 3 were agreed to.
ASIATIC EMIGRATION (REPEAL) BILL 1977
Clauses 1 to 3 were agreed to.
The Schedule was agreed to.
EMPLOYMENT (AMENDMENT) (NO 3) BILL 1977
Clauses 1 and 2 were agreed to.
Clause 3
COMMISSIONER FOR LABOUR: —Sir, I move that clause 3 be amended as set out in the paper before honourable Members.
There are two amendments involved: the first reduces the period of notice required under section 41A(2) from one month to 14 days.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1080 [COMMISSIONER FOR LABOUR] Employment (Amendment) (No 3) Bill—committee stage
This will provide for greater flexibility when a factory receives overseas orders at short notice.
The second amendment—which is the most important—to section 41A(3) provides employees with the option to take less than the whole of their 7 days' paid annual leave entitlement, but not less than 4 days of such leave: thus providing a degree of flexibility which is considered important by many employees and employers at the present time.
Proposed amendment
Clause
3 That clause 3 be amended—
(a) in the proposed new section 41A(2) by deleting "one month's" and substituting "14 days'"; and
(b) in the proposed new section 41A(3) by inserting after "statutory holidays or rest days" the following—
", or, if the employee so requests, a period of 4 consecutive
days of annual leave, and the remaining days of annual leave,
if any, shall be granted consecutively or separately in
accordance with subsection (1)".
The amendment was agreed to.
Clause 3, as amended, was agreed to.
Clauses 4 to 8 were agreed to.
EMPLOYMENT (AMENDMENT) (NO 4) BILL 1977
Clause 1 was agreed to.
Clause 2
COMMISSIONER FOR LABOUR: —Sir, I move that clause 2 be amended as set forth in the paper before honourable Members.
Proposed amendment
Clause
2 That clause 2 be amended—
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1081
(a) in subsection (1) of the proposed new section 43E, by inserting after "to him" the following—
"and shall, within such 7 days' period, deliver a copy of the written
request to the principal contractor and every superior sub
contractor to him";
(b) in subsection (3)(a) of the proposed new section 43F, by deleting "principal sub-contractor" and substituting the following—
"principal contractor"; and
(c) in subsection (1) of the proposed new section 43I, by inserting after "to him" the following—
"and shall, within such 7 days' period, deliver a copy of the written
request to the main nominated sub-contractor and every superior
nominated sub-contractor to him".
The amendment was agreed to.
Clause 2, as amended, was agreed to.
Clause 3 was agreed to.
TRADE MARKS (AMENDMENT) BILL 1977
Clauses 1 to 4 were agreed to.
CONSUMER COUNCIL BILL 1977
Clauses 1 to 3 were agreed to.
Clause 4
THE FINANCIAL SECRETARY: —Sir, I move that clause 4 be amended as set out in the paper before honourable Members.
In my speech during the Second Reading debate on the 15th June, I undertook to move this amendment to clause 4 of the bill which had been put forward by Dr HU.
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1082 Consumer Council Bill—committee stage
Proposed amendment
Clause
4 That clause 4(1)(b) be amended by deleting "considering" and substituting the following—
"examining".
The amendment was agreed to.
Clause 4, as amended, was agreed to.
Clauses 5 and 6 were agreed to.
Clause 7
THE FINANCIAL SECRETARY: —Sir, I move that clause 7 be amended as set out in the paper before honourable Members.
This amendment is consequential to the amendment to clause 9 of which I have given notice. It concerns the procedure to be followed when the member presiding at a meeting of the Consumer Council or one of its committees declares an interest in a matter under discussion.
Proposed amendment
Clause
7 That clause 7(2)(b) be amended by deleting "neither are present" and substituting the following—
"both are absent or disqualified under section 9(c)".
The amendment was agreed to.
Clause 7, as amended, was agreed to.
Clause 8 was agreed to.
Clause 9
THE FINANCIAL SECRETARY: —Sir, I move that clause 9 be amended as set out in the paper before honourable Members.
These amendments follow representation from the Consumer Council that the obligation on members of the Council and its committees to declare both direct and indirect interests, and the prohibition
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977 1083
on voting by members declaring all such interests, would cause practical difficulties for the Council. That part of the clause that prescribes that interests, direct or indirect, shall be declared, is left unchanged, but the amendments provide that the member presiding shall have discretion to allow a member declaring an interest to take part in the discussion and to vote. They also set out the procedure to be followed when the member presiding himself declares an interest.
Proposed amendment
Clause
9 That clause 9 be amended—
(a) by inserting after "as a member of the general public" the following— ", the following provisions shall apply";
(b) in paragraph (b) by deleting "and";
(c) by deleting paragraph (c) and substituting the following—
"(c) where the disclosure is made by the member presiding, he
shall vacate the chair during the discussion;
(d) the member (including one who has vacated the chair under
pargraph (c)) shall, if so required by the member presiding,
withdraw from the meeting during the discussion and shall
not in any case, except as otherwise determined by the
member presiding, vote on any resolution concerning the
matter or be counted for the purpose of establishing the
existence of a quorum.".
The amendment was agreed to.
Clause 9, as amended, was agreed to.
Clauses 10 to 22 were agreed to.
The Schedule was agreed to.
Council then resumed.
1084
HONG KONG LEGISLATIVE COUNCIL — 29th June 1977
Third reading of bills
THE ATTORNEY GENERAL reported that the
Immigration (Amendment) Bill 1977
Adoption (Amendment) Bill 1977
Dentists Registration (Amendment) Bill 1977
Pharmacy and Poisons (Amendment) Bill 1977
Stamp (Amendment) (No 2) Bill 1977
Asiatic Emigration (Repeal) Bill 1977
Trade Marks (Amendment) Bill 1977
had passed through Committee without amendment and that the
Employment (Amendment) (No 3) Bill 1977
Employment (Amendment) (No 4) Bill 1977
Consumer Council Bill 1977
had passed through Committee with amendments and moved the third reading of each of the bills.
Question put on each bill and agreed to.
Bills read the third time and passed.
Adjournment and next sitting
HIS EXCELLENCY THE PRESIDENT: —In accordance with Standing Orders I now adjourn the Council until 2.30 p.m. on Wednesday the 13th of July.
Adjourned accordingly at twenty-five minutes to four o'clock.
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