HONG KONG LEGISLATIVE COUNCILA―5 November 1980 135
OFFICIAL REPORT OF PROCEEDINGS
Wednesday, 5 November 1980
The Council met at half past two o’clock
PRESENT
HIS EXCELLENCY THE ACTING GOVERNOR (PRESIDENT)
THE HONOURABLE THE CHIEF SECRETARY
SIR JACK CATER, K.B.E., J.P.
THE HONOURABLE THE FINANCIAL SECRETARY
SIR CHARLES PHILIP HADDON-CAVE, K.B.E., C.M.G., J.P.
THE HONOURABLE THE ATTORNEY GENERAL
MR. JOHN CALVERT GRIFFITHS, Q.C.
THE HONOURABLE THE SECRETARY FOR HOME AFFAIRS
MR. DENIS CAMPBELL BRAY, C.M.G., C.V.O., J.P.
THE HONOURABLE DAVID AKERS-JONES, C.M.G., J.P.
SECRETARY FOR THE NEW TERRITORIES
THE HONOURABLE LEWIS MERVYN DAVIES, C.M.G., O.B.E., J.P.
SECRETARY FOR SECURITY
THE HONOURABLE DAVID WYLIE MCDONALD, C.M.G., J.P.
DIRECTOR OF PUBLIC WORKS
THE HONOURABLE KENNETH WALLIS JOSEPH TOPLEY, C.M.G., J.P. DIRECTOR OF EDUCATION
THE HONOURABLE DAVID GREGORY JEAFFRESON, J.P.
SECRETARY FOR ECONOMIC SERVICES
THE HONOURABLE ALAN JAMES SCOTT, J.P.
SECRETARY FOR INFORMATION
THE HONOURABLE DEREK JOHN CLAREMONT JONES, C.M.G., J.P. SECRETARY FOR THE ENVIRONMENT
DR. THE HONOURABLE THONG KAH-LEONG, C.B.E., J.P.
DIRECTOR OF MEDICAL AND HEALTH SERVICES
THE HONOURABLE JOHN MARTIN ROWLANDS, C.B.E., J.P.
SECRETARY FOR THE CIVIL SERVICE
THE HONOURABLE JAMES NEIL HENDERSON, J.P.
COMMISSIONER FOR LABOUR
THE HONOURABLE GERALD PAUL NAZARETH, O.B.E.
LAW DRAFTSMAN
THE HONOURABLE JOHN MORRISON RIDDELL-SWAN, J.P.
DIRECTOR OF AGRICULTURE AND FISHERIES
THE HONOURABLE DONALD LIAO POON-HUAI, O.B.E., J.P.
SECRETARY FOR HOUSING
136 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
THE HONOURABLE GRAHAM BARNES, J.P.
DIRECTOR OF HOME AFFAIRS
THE HONOURABLE SELWYN EUGENE ALLEYNE, J.P.
DIRECTOR OF SOCIAL WELFARE
THE HONOURABLE MICHAEL LEUNG MAN-KIN, J.P.
SECRETARY FOR SOCIAL SERVICES (Acting)
THE HONOURABLE OSWALD VICTOR CHEUNG, C.B.E., Q.C., J.P. THE HONOURABLE ROGERIO HYNDMAN LOBO, C.B.E., J.P.
THE HONOURABLE LI FOOK-WO, C.B.E., J.P.
THE HONOURABLE JOHN HENRY BREMRIDGE, O.B.E., J.P.
DR. THE HONOURABLE HARRY FANG SIN-YANG, C.B.E., J.P. THE HONOURABLE LO TAK-SHING, O.B.E., J.P.
THE HONOURABLE FRANCIS YUAN-HAO TIEN, O.B.E., J.P.
THE REVD. THE HONOURABLE JOYCE MARY BENNETT, O.B.E., J.P. THE HONOURABLE CHEN SHOU-LUM, O.B.E., J.P.
THE HONOURABLE LYDIA DUNN, O.B.E., J.P.
DR. THE HONOURABLE HENRY HU HUNG-LICK, O.B.E., J.P.
THE REVD. THE HONOURABLE PATRICK TERENCE MCGOVERN, O.B.E., S.J., J.P. THE HONOURABLE PETER C. WONG, O.B.E., J.P.
THE HONOURABLE WONG LAM, O.B.E., J.P.
DR. THE HONOURABLE RAYSON LISUNG HUANG, C.B.E., J.P. THE HONOURABLE CHARLES YEUNG SIU-CHO, J.P.
DR. THE HONOURABLE HO KAM-FAI, J.P.
THE HONOURABLE ALLEN LEE PENG-FEI, J.P.
THE HONOURABLE HU FA-KUANG, J.P.
THE HONOURABLE WONG PO-YAN, O.B.E., J.P.
THE HONOURABLE WILLIAM CHARLES LANGDON BROWN, J.P. THE HONOURABLE CHAN KAM-CHUEN, J.P.
ABSENT
THE HONOURABLE WILLIAM DORWARD, O.B.E., J.P.
DIRECTOR OF TRADE, INDUSTRY AND CUSTOMS
THE HONOURABLE ALEX WU SHU-CHIH, O.B.E., J.P.
THE HONOURABLE DAVID KENNEDY NEWBIGGING, J.P.
THE HONOURABLE ANDREW SO KWOK-WING, J.P.
THE HONOURABLE JOHN JOSEPH SWAINE, O.B.E., Q.C., J.P.
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 137 IN ATTENDANCE
THE CLERK TO THE LEGISLATIVE COUNCIL
MRS. LORNA LEUNG TSUI LAI-MAN
Papers
The following papers were laid pursuant to Standing Order No. 14(2):― Subject L.N. No. Subsidiary Legislation:
Public Health and Urban Services Ordinance.
Pleasure Grounds (New Territories) (Amendment) (No. 2) Regulations 1980.............................................................................................................. 294
Immigration Ordinance.
Immigration (Places of Detention) (Amendment) (No. 6) Order 1980......... 295
Royal Hong Kong Regiment Ordinance.
Royal Hong Kong Regiment (Calling out on Active Service) Notice 1980 296
Shipping and Port Control Regulations.
Shipping and Port Control Regulations (Amendment of Sixth Schedule) Notice 1980 .................................................................................................. 297
Public Health and Urban Services Ordinance.
Offensive Trades (Amendment) (No. 2) By-Laws 1980............................... 298
Public Health and Urban Services Ordinance.
Declaration of Offensive Trades in the Urban Areas.................................... 299
Immigration Ordinance.
Immigration (Amendment) (No. 3) Regulations 1980.................................. 300
Registration of Persons Ordinance.
Registration of Persons (Amendment) (No. 2) Regulations 1980 ................ 301
Immigration Ordinance.
Immigration Ordinance (Part IVA) (Commencement) Order 1980 .............. 302
Immigration Ordinance.
Immigration Ordinance (Part IVB) (Commencement) Order 1980 .............. 303
138 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
Subject L.N. No.
Registration of Persons Regulations.
Carrying of Identity Cards (New Territories and Outlying Islands) (Cancellation) Order 1980............................................................................ 304
Registration of Persons Regulations.
Carrying of Identity Cards (Frontier Closed Area and Mai Po Bird Sanctuary) Order 1980 ................................................................................. 305
Official Languages Ordinance.
Official Languages (Immigration Tribunal) Order 1980 .............................. 306
Interpretation and General Clauses Ordinance.
Specification of Public Office ...................................................................... 307
Public Health (Animals and Birds) Ordinance.
Regulation of Movement of Dogs (No. 4) Order 1980................................. 308
Summary Offences Ordinance.
Summary Offences Ordinance (Exemption from Section 13) (No. 16) Order 1980 ................................................................................................... 309
Summary Offences Ordinance.
Summary Offences Ordinance (Exemption from Section 13) (No. 17) Order 1980 ................................................................................................... 310
Import and Export Ordinance.
Import and Export Ordinance (Amendment of Schedule) (No. 2) Notice
311
1980..............................................................................................................
Evidence (Authorized Persons) (No. 12) Order 1980―Corrigendum ................. 312
Inland Revenue Ordinance.
Inland Revenue (Interest Tax) (Exemption) (Amendment) (No. 8) Notice 1980.............................................................................................................. 313
Sessional Papers 1980-81:
No. 11―Supplementary Provision for the quarter ended 31 March 1980 (Final)
No. 12―Supplementary Provision approved by the Urban Council during the second quarter of the fiscal year 1980-81
No. 13―The Jubilee Sports Centre, Hong Kong―Annual Report 1979-80
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 139 No. 14―Hong Kong Productivity Council and Centre―Annual Report 1979-80 No. 15―Hong Kong Housing Authority―Annual Report 1979-80
No. 16 ― Aberdeen Trade School Executive Committee Fund ― Income and expenditure account with balance sheet and certificate of the Director of Audit for the year ended 31 March 1980
No. 17―Chinese Temple Fund―Income and expenditure account with balance sheet and certificate of the Director of Audit for the year ended 31 March 1980
No. 18―General Chinese Charities Fund―Income and expenditure account with balance sheet and certificate of Director of Audit for the year ended 31 March 1980
Oral answers to Questions
Review of bank licensing policy
1. MR. CHEUNG asked:―As more than a year has elapsed since the Government announced the suspension of the grant of further banking licences, pending a review of the criteria to be applied to future applications, would the Government state whether that review has been completed and, if so, when the results of that review are likely to be announced?
THE FINANCIAL SECRETARY:―Sir, the 13-year moratorium on the grant of bank licences was eased in March 1978, when I announced that applications from suitably qualified banks incorporated outside Hong Kong would be favourably considered by the Governor in Council. On 8 August 1979 I announced that the Government had decided temporarily to suspend the grant of further licences. Up to that date 41 licences had been granted and it seemed appropriate to suspend the grant of further licences pending a review of the objective criteria against which applications were considered, and licences granted.
A thorough review of these criteria has now been undertaken and, indeed, of bank licensing policy generally. However, I do not believe it would be appropriate to finalize this review now, pending progress on three other issues.
In the first place, I wish to see the implementation of the Monetary Statistics Ordinance well under way. This Ordinance gives the Government powers to collect statistics from all banks and all deposit-taking companies
140 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
with a view to developing and calculating appropriate aggregates and keeping track of their growth rates over time. Since the Ordinance was passed in July we have been in touch with individual banks and deposit-taking companies and, of course, I have formally consulted the Banking Advisory Committee and the Deposit-taking Companies Advisory Committee. In the next few days the Secretary for Monetary Affairs will be writing to all banks and deposit-taking companies with the final versions of the returns which are to be submitted monthly from mid-January 1981, with the first return relating to their assets and liabilities at the end of December 1980. The introduction of these new reporting requirements will, initially at any rate, place a heavy burden on the resources of the Monetary Affairs Branch and I do not want the success of this exercise prejudiced by other preoccupations.
Secondly, the advice of Executive Council will be sought later this month as to whether a bill to incorporate a new Hong Kong Association of Banks should be put to this Council for enactment by the end of this calendar year. The new Association would take over the functions of the Exchange Banks’ Association. It is important that this particular piece of reform of our institutional arrangements should have been completed before we come to any conclusions about the future size of the banking industry.
Thirdly, work is currently in hand on the revision of the Banking and the Deposit taking Companies Ordinances. A number of amendments to both these Ordinances are necessary with a view to improving the quality of the prudential supervision exercised over the activities in Hong Kong of banks and deposit-taking companies. This is not to say that I am in the least apprehensive about the adequacy of the present system of prudential supervision so far as the stability of the monetary system and the interests of depositors are concerned (which is more than I can say for the effectiveness of arrangements for protecting the interests of the generality of investors in equities, particularly small investors, but these are matters which the Securities Commission, with the Government’s full support, is presently looking into in the light of recent events). At the same time, the Secretary for Monetary Affairs and I are considering how best to define the type of business which banks and deposit-taking companies can undertake and the implications for the market as a whole and for monetary policy of different ways of defining the borderline. This question of definition is clearly a fundamental question on which diametrically opposing views are held, and it needs to be settled before reaching any conclusions on whether or not to grant further bank licences.
In other words, Sir, by early next year, I hope that the flow of new monetary statistics will settle down and will be providing us with meaningful information about developments in the monetary system; that the Hong Kong Association of Banks will be functioning; and that the various amendments to the Banking and Deposit-taking Companies Ordinances will have
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 141
been passed by this Council. We shall then proceed, in a logical sequence, calmly to complete our review of bank licensing policy.
MR. CHEUNG:―Sir, how long will that logical sequence take (laughter)?
THE FINANCIAL SECRETARY:―I would think that we shall be ready to come forward to Executive Council with our proposals for bank licensing policy in the spring of 1981.
MISS DUNN:―Sir, would it be fair to assume from what the Financial Secretary has said that the licensing of locally registered banks is also under consideration?
THE FINANCIAL SECRETARY:―The language I used, Sir, was ‘a thorough review of these criteria has now been undertaken and, indeed, of bank licensing policy generally’. I would agree that it would be fair to make such an assumption (laughter).
Enforcement procedure for Civil debts
2. MR. PETER C. WONG asked:―In response to a speech I made in this Council on 4 July 1979 the Attorney General announced that he would institute a review of the enforcement procedures relating to civil debts. Will Government state what progress has been made and when it will be in a position to announce the results of the review?
THE ATTORNEY GENERAL:―Sir, following the reply made to Mr. WONG on that occasion, my Chambers have conducted a review, and they have contacted and obtained the views of some 16 organizations and persons in Hong Kong, but not all of whom replied with the despatch which one might have wished. Following that review and the conclusions that were reached in it, certain recommendations for amendment of procedure have been formulated. These have been sent to the Chief Justice and I am awaiting his reply to them.
The reason in particular why it is necessary to await the reply of the Chief Justice is that the recommendations do affect existing judicial procedures and existing judicial powers, and I am not prepared to announce publicly the recommendations until such time as the Judiciary have an opportunity to comment on them. But, Sir, in view of Mr. WONG’s very particular interest in this subject I am prepared to let him see details of the recommendations should he wish to see them. So far as the time, I hope obviously that this will be in the very near future.
MR. LOBO:―Would other Members also have the opportunity of seeing these details (laughter)?
142 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
THE ATTORNEY GENERAL:―Obviously and Member of this Council who wishes may see it. It makes interesting and stimulating reading (laughter), and they will of course be given the opportunity.
Vietnamese refugees
3. MISS DUNN asked:―How many Vietnamese refugees are still in camps awaiting resettlement and how many of these arrived in Hong Kong since I January this year?
SECRETARY FOR SECURITY:―Sir, at 0900 yesterday the figure was 25,250. Of this number 5,796 arrived since 1 January 1980. I should explain that that is the net figure, having deducted from the gross figure those who have departed in that category. These figures exclude 4,154 persons who were previously settled in China and are being detained pending repatriation there.
MISS DUNN:―Sir, compared with other countries in South East Asia, does the rate of resettlement from Hong Kong indicate that Hong Kong continues to be discriminated against?
SECRETARY FOR SECURITY:―I fear that the rate of resettlement for Hong Kong is less than it is for other countries in the region, with the exception of Macau.
The figures are that for the region as a whole 73.8% of those in camps have been resettled, for Hong Kong it is 58%, and for Macau 25%.
MISS DUNN:―Sir, what is the number of firm commitments of resettlement that are known to the Government, and what representation overseas is the Government making with a view to speeding up the process?
SECRETARY FOR SECURITY:―The firm commitments comprise the balance of the present U.K. quota of 11,000 of which about 3,000 is still outstanding to be accepted.
There is a U.S. quota which varies, but on the whole is averaging 1,500 places a month. I cannot say for how long that commitment exists. There is also an Australian programme for one year which has about 700 places still to fill. This year there have been resettlement opportunities in 25 countries, of which four are easily the biggest―that is the United States, Canada, U.K.; I’m sorry three―United States, Canada and the U.K.
As regards representation there is a steady and patient, somewhat laborious, series of bilateral discussions as well as a great deal of discussion, pressure with the United Nations High Commission for Refugees. As a result of this 33,000 people have been resettled this year, which is within the limits of
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 143
three to four thousand per month which I indicated about six months ago we should probably achieve.
Safety of the Mass Transit Railway system
4. DR. FANG asked:―In the light of the near accidents which have occurred on the M.T.R. system since its commencement of operation, will Government state:
(a) what measures are being taken by Government to monitor the safety aspects of the M.T.R. operation; and
(b) whether Government feels it necessary to appoint a safety inspector, under the provision of section 23A of the Mass Transit Railway Corporation Ordinance, to ensure the safety of the railway?
SECRETARY FOR THE ENVIRONMENT:―Sir, the Mass Transit Railway was designed and is operated with ‘safety first’ as a principal consideration. The Railway is internationally recognized to incorporate the most advanced railway safety features available.
In a Memorandum of Agreement signed with the Government in September 1979, the Mass Transit Railway Corporation undertook to maintain and operate the M.T.R. having, at all times, due regard to its safety and to the safety of persons using or employed on it. Prior to its commissioning, the railway was inspected and found safe in all respects by Inspectors from the U.K. Railway Inspectorate.
The Mass Transit Railway Regulations 1979 require the Corporation to notify the Chief Secretary of every accident or occurrence that happens on a part of the railway which has been opened for public use. This includes serious and minor accidents involving individuals, and safety related occurrences affecting railway premises, plant or equipment. All reports of accidents and occurrences are closely scrutinized by the Government but, to date, no accidents or occurrences have taken place on the M.T.R. that have warranted the appointment by the Governor of an inspector.
DR. FANG:―Sir, the near accidents and instances that are reported in the media recently― can they be considered occurrences, and are these being reported to Government and what action has been taken?
SECRETARY FOR THE ENVIRONMENT:―Sir, there have been no near accidents on the Mass Transit Railway in the sense of the operation of the railway. There have been, since the railway opened, there have been 240 minor incidents, ten serious incidents and three fatalities.
Most of the 240 minor incidents took place on escalators, most of the serious accidents involved M.T.R. staff working on plant or equipment. Two
144 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
of the fatalities appeared to have been suicides and the third resulted from cardiac arrest on board a train.
MR. YEUNG:―Is derailment at a depot or near depot, even though no passenger was involved, considered serious or not serious?
SECRETARY FOR THE ENVIRONMENT:―I presume, Sir, Mr. YEUNG was referring to the derailment at the depot.
HIS EXCELLENCY THE PRESIDENT:―Yes.
SECRETCRY FOR THE ENVIRONMENT:―When no passengers were involved. HIS EXCELLENCY THE PRESIDENT:―That’s right, yes.
SECRETARY FOR THE ENVIRONMENT:―That would be considered a serious incident but it would have been reported to the Government and all the circumstances explained, and it was not considered necessary to appoint an inspector to go into that incident.
DR. FANG:―Sir, there are several occasions that passengers are made to walk along the tunnels, are these considered incidents that Government need to look into?
SECRETARY FOR THE ENVIRONMENT:―Sir, as I said, all incidents are reported to the Government, no matter how minor. There is provision that if there is a failure of the train then obviously the passengers get out and walk back to the nearest station. This is quite normal and has happened elsewhere (laughter), and the current in this case is overhead so there is no need to switch off a third rail and there is no question of danger involved in this process. All other trains of course are stopped in the meantime.
MR. PETER C. WONG:―Could the Secretary give some examples of the accidents he had in mind which would warrant the Government to appoint a safety inspector?
SECRETARY FOR THE ENVIRONMENT:―I could think of some pretty horrendous accidents (laughter) like the one which happened in London at Moorgate Station. Any occurrence of that sort or of one train ramming into the back of another would obviously warrant the immediate appointment of an inspector. But I can assure Members that this sort of incident is highly unlikely to happen on the Hong Kong M.T.R. which, as I have said and I will repeat, is internationally recognized to incorporate the most advanced railway safety features available (laughter).
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 145 Non-departmental quarters for civil servants
5. MISS DUNN asked:―Would Government state:
(a) how many Government non-departmental quarters were left unoccupied as at September 1980;
(b) what was the average period of non-occupancy; and
(c) the reasons for non-occupancy?
SECRETARY FOR THE CIVIL SERVICE:―Sir, the Quarters Allocation Committee held one of its periodic meetings on 25 September 1980, and the figures which I shall now be giving in reply to Miss DUNN’s question reflect the position on that date.
There were then altogether 2,287 non-departmental quarters. 168 of these were new flats recently completed at Mt. Butler and still in the process of initial allocation. A further 74 non-departmental quarters were due shortly for demolition or disposal and were therefore classed as temporary quarters. These two groups of quarters, totalling 242, need to be excluded in order to arrive at meaningful occupancy figures. Of the balance of 2,045 non-departmental quarters, the number left unallocated on 25 September was 48 (that is 2.3 per cent).
Excluding quarters being redecorated in readiness for the new occupant, and excluding also quarters where the tenant was absent on short annual leave, all except five non departmental quarters which had been allocated were actually occupied. These five were quarters which had been retained by officers absent on leaves longer than two months. Taking these five quarters into account the number of non-departmental quarters left unoccupied on 25 September 1980 was 53 (that is 2.6 per cent).
The answer to the second part of the question is that the average period of non occupancy was about six weeks.
Turning to the third part of the question, a minor reason for non-occupancy is that there are some officers who retain quarters while absent on leaves longer than two months; but I stress that this is only a minor reason since in most cases we are able to find temporary tenants, particularly from among single officers. Another minor cause of non-occupancy is that some quarters are not well located in relation to schools and place of work. If I may give an example there, Sir, I would instance Baguio Villas which is not attractive to officers who work in Yuen Long.
But the main reason for non-occupancy is that in an expanding service of our present size, where the provision of quarters is a condition of service for many officers and when we are currently expecting to recruit a substantial number of overseas officers during coming months, we must keep abreast of or a little ahead of demand.
146 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
To sum up, we have recently been achieving an allocation rate for non-departmental quarters of 97.7 per cent, and an actual occupancy rate of 97.4 per cent, in the latter case excluding quarters under decoration or allocated to officers absent on short annual leaves.
Sir, may I stick my proverbial neck and say that I think we seem to be doing rather better in this matter than recent media reports have suggested, and indeed better than I had myself imagined when I first saw Miss DUNN’s question (laughter).
MISS DUNN:―Sir, what Civil Service Regulations apply to ensure that quarters are taken up when vacant and not declined on inadequate grounds such as an unreasonable degree of personal preference?
SECRETARY FOR THE CIVIL SERVICE:―Sir, the situation to which Miss DUNN refers only arises really in the case of officers who have recently arrived in Hong Kong and are in hotels. And the rules there are that we require an officer to apply for all available quarters within one month of his being in a hotel.
MISS DUNN:―Sir, is the officer required to take the premises or after applying can he not take any of them?
HIS EXCELLENCY THE PRESIDENT:―Is he directed at that stage?
SECRETARY FOR THE CIVIL SERVICE:―Sir, the answer is that he will either be directed into the quarter or he would have to bear his own hotel expenses.
Replacement of identity card
6. DR. HO asked:―In view of the recent requirement that all Hong Kong residents should carry their I.D. cards, will Government state what steps are being taken to expedite the replacement of lost I.D. cards?
SECRETARY FOR SECURITY:―Sir, two steps have already been taken to expedite the replacement of lost identity cards:
(1) the number of officers deployed for this work has been increased, and (2) some simplification of procedures has been introduced.
Even so, bearing in mind the existing work load in R.O.P. Offices in the first issue of cards, as well as the issue of replacements, it takes about six weeks from application before a replacement is issued.
The Director of Immigration is considering what further steps can be taken to reduce this period.
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 147
In the meantime the document given by an R.O.P. Office to a person who has lost his card is one of the documents which he may produce to prove his identity or to secure employment.
DR. HO:―Sir, since I.D. cards have to be carried on person every day, would it be possible to have one R.O.P. Office in Hong Kong side and one in Kowloon side extended its office hour to the evening every day of the week so that residents can request for replacing their lost I.D. cards at the earliest convenience?
SECRETARY FOR SECURITY:―It would be possible to do that, and in fact we did it ten days ago when we kept the office open on a Saturday afternoon and found that rather fewer people than were expected used the facility and so we didn’t continue with our plans to open it on the Sunday. The present intention is to try to reduce the time that it takes to replace a card and to devote staff to do that. The Director will however keep under review the demands on the R.O.P. Offices and if it seems that it would be convenient and helpful as well as productive, arrangements will be made to keep offices open.
REVD. JOYCE M. BENNETT:―Sir, what publicity was put out to tell people that your office was open on Saturday afternoon and in the evenings?
SECRETARY FOR SECURITY:―I cannot tell Miss BENNETT what the precise publicity was. It was at a time when I understand from those who watch the television that there was endless attempts made to ensure that people were aware of these needs. I will however advise her of the precise arrangements which were made and the publicity separately in writing.
(THE FOLLOWING WRITTEN REPLY WAS PROVIDED BY THE SECRETARY FOR INFORMATION SUBSEQUENTLY.)
Following Dr. HO’s question on the 5 November at Legislative Council, I have looked into the question of publicity about Immigration Department Offices open over the weekend 25/26 October.
His question referred to measures to expedite the replacement of lost I.D. cards. The supplementary question suggested that one office on Hong Kong side and one on Kowloon side might be kept open in the evening on weekdays so that people who have lost I.D. cards could get in their requests for replacement as early as possible.
Bim Davies replied that it would be possible to do that; for example on the weekend 25/26 October, it was arranged that three offices be kept open on Saturday until 5 p.m. (one in Hong Kong, one in Kowloon and one in Tsuen Wan); but in fact fewer people applied to the offices to request replacement I.D. cards than on previous days during that week.
Special publicity wasn’t given to this fact, because we were in the middle of Champion Exercise when we were persuading people who had no I.D.
148 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
card at all to report to Victoria Barracks. We did however remind the public that any legal resident who had lost his I.D. card should apply as soon as possible to a R.O.P. Office.
I understand that Security Branch is discussing with the Immigration Department the possibility of R.O.P. Offices staying open beyond the usual closing time.
Exchange of overseas driving licences for local licences
7. MR. WONG LAM asked in Cantonese:―
請問政府過去六個月內，有多少外㆞駕駛執照獲得免試轉換本港執照﹖再前六 個月之數字又如何﹖而政府有何措施以確保此類執照持有㆟之駕駛技術符合本 港標準﹖
(The following is the interpretation of what Mr. WONG Lam asked.)
Will Government state:
(a) how many overseas driving licences have been exchanged, without examination, for local licences in the past six months;
(b) the figures for the previous six months; and
(c) what steps, if any, are being taken to ensure the holders meet Hong Kong’s driving standards?
SECRETARY FOR THE ENVIRONMENT:―Sir, during the six months April to September this year, the Transport Department issued 7,260 driving licences in exchange for overseas driving licences. In the previous six months, 5,835 driving licences were similarly issued. The majority of these licences were issued to people staying in Hong Kong for a short period.
With the exception of consular staff, Hong Kong driving licences are only directly issued to holders of valid licences issued in the countries listed in the Fifth Schedule of the Road Traffic (Driving Licences) Regulations. Before any country may be included in this Schedule, the Commissioner for Transport has to be satisfied that driver testing standards in that country are comparable with those in Hong Kong. Amendments to the Schedule require the approval of the Governor.
Following consultation with the Transport Advisory Committee, the advice of the Governor in Council will be sought, in the near future, to amend the Road Traffic (Driving Licences) Regulations to restrict the direct issue of Hong Kong Driving Licences to private car and motor cycle drivers only. It is not considered consistent with safety requirements to continue to directly issue licences for heavy goods or public service vehicles. The opportunity will also be taken to introduce a similar requirement in respect of temporary driving licences.
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 149 MR. WONG LAM asked in Cantonese:―
閣㆘，請問這項修訂何時才可實行﹖
(The following is the interpretation of what Mr. WONG Lam asked.)
Sir, when will the amendment take effect?
SECRETARY FOR THE ENVIRONMENT:―Sir, it is hoped to approach the Governor in Council before the end of the year and, if the Council agrees, it will then take effect immediately they have considered it, because it involves regulations.
Extension of Police beat radio system to the New Territories
8. MR. YEUNG asked:―Will Government make a statement on the progress in extending the Police personal beat radio scheme to the New Territories?
SECRETARY FOR SECURITY:―Sir, the beat radio system already operates in Tsuen Wan and Kwai Chung.
The earlier intention to expand the system to individual urban centres gave rise to operational, technical and staffing difficulties, and it was decided to defer action on this basis pending further consideration of an integrated U.H.F. communications system for the New Territories and, ultimately, the territory as a whole.
The integrated system, which is the most desirable long-term solution, necessitates a detailed feasibility study. The first steps in this process are now being taken utilizing the services of consultants. Subject to satisfactory conclusion of the study, evaluation of its results, and the drawing up of design specifications, expansion of the beat radio scheme will take place as fast as resources permit, concentrating initially on Sha Tin, Tuen Mun, Yuen Long, the Frontier Division and Tai Po.
In the interim limited beat radio schemes, utilizing existing equipment, have been introduced wherever possible in areas of the New Territories with the most urgent operational requirements.
MR. YEUNG:―Sir, may I ask a question of the Secretary for Security, whether those difficulties can be surmounted? If so, why is it necessary to wait until the finalization of the consultant’s report instead of implementing the impending scheme at an early stage in view of the fact that the New Territories’ security has not been improving?
SECRETARY FOR SECURITY:―It is a highly complicated matter, I am advised. And the experience which has been gained in extending the existing beat
150 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
radio schemes in existing divisions has shown that piecemeal development of this sort is both expensive and not wholly satisfactory. For example, it is necessary to site repeater stations and transmitters with care, so that they do not overlap; and only when you have an integrated system designed for the area as a whole, do you get the best results. The experts have, therefore, come to the conclusion that piecemeal development would not be appropriate, and would advise, and are now proceeding with a general feasibility survey to ensure that as areas are covered, they are covered within the general development of the totality of the system.
New Territories taxis
9. MR. YEUNG asked:―Is Government satisfied that there are adequate taxis to serve the New Territories? If not, what steps will be taken to improve the situation?
SECRETARY FOR THE ENVIRONMENT:―Sir, the number of New Territories taxis has remained constant, at 738, since they were first introduced in 1977. As the population in the areas they serve is increasing rapidly it has been decided to issue 100 more New Territories taxi licences later this year. A detailed assessment will then be made to determine whether further licences should be issued.
MR. YEUNG:―Sir, whether the 100 proposed licences to be issued this year is from guesstimate, estimate or from assessment? If so, what is the assessment for the future needs?
SECRETARY FOR THE ENVIRONMENT:―Sir, the 100 happens to be a month’s supply which can be processed by the Transport Department. The Transport Department can process 100 taxi licences a month and we normally go out to tender for 300 urban taxi licences a quarter, but one month’s supply will be allocated to the New Territories later this year. As I said, an assessment will be made as soon as possible to determine whether further licences should be issued.
Exhibition centre
10. MR. WONG PO-YAN asked:―will Government inform this Council when a decision will be made on the early provision of a permanent exhibition centre in Hong Kong?
SECRETARY FOR ECONOMIC SERVICES:―Sir, we have been considering the consultants’ report that forms Stage I of a full study aimed at the building of an exhibition centre in Hong Kong. We should be in a position to be
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 151
able to seek the advice of Executive Council on whether or not to go forward to Stage II this month, if we get adequate answers to the further questions we have been obliged to put to the consultants.
MISS DUNN:―Sir, what exactly does Stage II entail and how many stages are there likely to be before this Council can be given a definitive answer (laughter)?
SECRETARY FOR ECONOMIC SERVICES:―Sir, Stage II would involve drawing up the specifications for an exhibition centre in the light of the likely demand within the region, recommending what additional or ancillary facilities are required, preparing accurate estimates of capital and recurrent costs and recommending a management system for the centre if the Executive Council so advises.
MISS DUNN:―Sir, I did ask how many stages are there?
HIS EXCELLENCY THE PRESIDENT:―And the timing it might take?
SECRETARY FOR ECONOMIC SERVICES:―I will first of all take the stages, if it goes forward and let’s say Executive Council advises that there should be an exhibition centre, then I should imagine that after completion of Stage II, supposing public funds are involved in the building of this exhibition centre, then the next stage would be a public works item and the building would take its normal course in the Public Works Programme (laughter). Honourable Members are clearly very cynical about the time (laughter).
Vehicles examination centres
11. MR. WONG PO-YAN asked:―Will Government make a statement on: (a) the number and types of vehicles which have been examined by the Kowloon Bay Vehicle Examination Centre since its inauguration in September last year; and (b) when the two additional centres planned for Hong Kong Island and Tsuen Wan will be operational?
SECRETARY FOR THE ENVIRONMENT:―Sir, since September 1979, the Kowloon Bay Vehicle Examination Centre has carried out 7,425 examinations, all of them on goods vehicles.
The additional centres planned for Hong Kong Island and Tsuen Wan are both in Category B of the Public Works Programme, B1, I think. It is proposed to ungrade them to Category A at the next Review and, if they are then awarded sufficient priority for construction to begin next year, they should be operational in three to four years’ time.
152 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
REVD. JOYCE M. BENNETT:―Sir, has the examination of these goods vehicles resulted in any goods vehicles no longer being on our roads?
SECRETARY FOR THE ENVIRONMENT:―Yes, Sir, it has. This examination of goods vehicles is for vehicles over ten years old and imported second-hand vehicles, mainly from Japan. Of the first group, I should say there have been some which have been taken off the road because it has been too expensive to bring them up to standard.
Statements
The Jubilee Sports Centre, Hong Kong―Annual Report 1979-80
MR. F. W. LI:―Sir, among the papers laid on the table of the Council today is the 3rd Annual Report of the Jubilee Sports Centre Board for the year ended 31 March 1980. During the year under review the Centre has made substantial progress, particularly in the construction of its facilities and in the strengthening of its coaching team.
Following the appointment of our architects, contracts were let for site formation and piling for the first phase of construction. Tenders for the main building, external works and a number of ancillary items have since been received and are now under consideration. Honourable Members will be pleased to know that the whole of the site formation together with part of the drainage work for the first phase has been completed, and the programme of construction for the Centre is so far on schedule. A great deal of credit for this satisfactory state of affairs lies with the new Project Management Team established by the Board to co-ordinate construction.
Sir, as originally conceived, the Centre was to be a joint venture between Government and the Royal Hong Kong Jockey Club. In accordance with that understanding, Government has recently agreed to contribute another $30 million towards the capital cost, thus increasing its commitment from $25 million to $55 million. The Board is greatly encouraged by this generous gesture, which underlines the importance of the Centre to our sportsmen and athletes, and indeed to the community as a whole. With $82.5 million from the Royal Hong Kong Jockey Club and a further $12.5 million from the Queen’s Silver Jubilee Fund added to Government’s contribution of $55 million, the total amount available for the capital cost of this project is now $150 million. As the above decision was only reached by Government subsequent to the publication of the Board’s Annual Report in July, I would be remiss if I did not mention this in my statement this afternoon. The Board is most grateful to Government, and looks forward with anticipation to the early realization of this project.
A further development of note was a donation of $200,000 pledged by Mobil Oil Hong Kong Limited towards the cost of purchasing weight and
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 153
strength training equipment. This is the first donation emanating from the commercial sector, an example which the Board hopes will be followed by many other corporations.
Turning to the coaching side, the Centre has added to its vigorous and dynamic squad of specialist staff a tennis coach and a swimming coach, bringing the number of coaches under the Chief Coach to seven. The public demand for their services has been overwhelming. Further coaches will be recruited in line with the planned and controlled expansion of the Centre. As the coaching team grows, local talent in Hong Kong should benefit more and more from its expertise and assistance.
Sir, while much progress has been achieved during the past twelve months much remains to be done before the Centre will be able to fulfil its role and objectives in the pursuit of excellence in sports. With the support of the Government, the Royal Hong Kong Jockey Club and the local sports community at large, we are confident that the Centre will become one of the major training amenities of Hong Kong in a few years’ time.
Hong Kong Productivity Council and Centre―Annual Report 1979-80
MR. S. L. CHEN:―Sir, among the various papers laid on the table of this Council today is the Annual Report of the Hong Kong Productivity Council and Centre for the year ending 31 March 1980.
The results achieved in the year under review indicate the extent to which the changes and reorganization, over the past three years, have strengthened the professional ability of the Centre and laid the foundation for an expanded role in the future.
In 1979-80, the Centre conducted 274 consultancy projects, an increase of 60% over the number of projects in the previous year. Over 300 training programmes were organized for 6,500 participants and over 40% were specialized technology courses for specific industry sectors.
The year under review was one of special significance for it represented a milestone in the development of the Centre. With the implementation of the proposals of the Advisory Committee on Diversification, the Centre will become the organizational focus of industrial support facilities and be charged with the responsibility of providing and co-ordinating activities in research and development, the facilitation of technology transfer and the provision of a technical information service.
During the year, the Centre was engaged in detailed planning of diversification related activities and three proposals have now been submitted to Government for funding support.
The first proposal is the establishment of a metal industry development unit to provide the necessary technological base on which the metals and
154 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
related light engineering industry can further develop and diversify. The Centre has already established a Heat Treatment Unit in addition to its well established service in metals finishing. Additional facilities have been proposed with a view to improving and upgrading material processing techniques essential for the further development of the industry.
The second proposal is an expansion of the existing technical information service to enable the Centre to extend the scope of its service to cover more industry sectors.
The third proposal is concerned with the setting up of a small and medium industry extension service to offer specialized assistance in a few critical areas where help is most needed. The areas chosen are environmental control, energy conservation and waste control and recycling. These three subjects are inter-related and are strongly linked to the establishment of an adequate industrial support base on which industry can grow and develop.
Hong Kong will need an improved infrastructure and a stronger institutional support system to cope with the manufacturing challenges of the eighties. I am sure the H.K.P.C. is in a strong position to play an enlarged role in providing the necessary industrial support to facilitate the diversification drive in Hong Kong provided it receives the support of Government.
Government Business
Motions
IMMIGRATION ORDINANCE
THE ATTORNEY GENERAL moved the following motion:―That section 18(3) and Parts VIIA and VIIB of the Immigration Ordinance shall expire on 31 December 1981.
He said:―Sir, I move the motion standing in my name on the Order Paper.
Section 18(3) of the Immigration Ordinance was enacted in January 1979 to provide that Vietnamese refugees are subject to removal from Hong Kong at any time. By virtue of section 18(4), which was enacted at the same time, section 18(3) will expire on 31 December of this year unless extended by resolution of this Council.
Similarly, Parts VIIA and VIIB of the Immigration Ordinance, which were enacted in August 1979 to deal with the problem of trafficking in illegal immigration, will expire at the same date by virtue of sections
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37M and 37T of the Ordinance. They also require in the view of the Government to be extended.
This motion seeks Council’s approval for the extension of those sections for a further year until 31 December 1981.
The provisions were originally introduced to deal with the influx of Vietnamese refugees during 1979 but have also been since extended and used to combat illegal immigration both from China and from Macau. The number of Vietnamese boat refugees arriving in Hong Kong during 1980 up to mid-September this year is 10,255 and, Sir, I should point out that this figure, though different from that given by the Secretary for Security a moment or two ago, is (a) for a different date and (b) is in respect of a different category of person from those he was asked about, so that number represents a seasonal influx which it is possible may continue next year. And of course the extent of illegal immigration from China and Macau has been a matter of public knowledge and a matter of very grave public concern.
There is no indication that the powers provided by the sections that I have mentioned will cease to be required in the near future and certainly it would, speaking for myself, be regarded as unwise not to be armed with these provisions during the coming year.
Accordingly, Sir, I beg to move.
Question put and agreed to.
MERCHANT SHIPPING ORDINANCE
THE ATTORNEY GENERAL moved the following motion:―That sections 34A, 34B and 34C of the Merchant Shipping Ordinance shall expire on 31 December 1981.
He said:―Sir, I beg to move the motion standing in my name on our Order Paper.
In January 1979, the Merchant Shipping (Amendment) Ordinance 1979 was enacted to provide for the forfeiture of ships involved in carrying excess passengers. These provisions are contained in sections 34A, 34B and 34C of the Merchant Shipping Ordinance.
By virtue of section 34D, these sections will expire unless they are extended by resolution of this Council. They were last renewed in December of last year and are due to expire on 31 December this year.
Sir, they are allied to the provisions to which the last motion to which I spoke referred. The purpose of this motion is to seek this Council’s
156 HONG KONG LEGISLATIVE COUNCILA―5 November 1980
approval for the extension of sections 34A, 34B and 34C for a further year until 31 December 1981.
Sir, I think I ought to tell honourable Members that it is intended to introduce a new Merchant Shipping (Safety) Bill in the near future and this will contain permanent provisions dealing, among other matters, with the question of excess passengers. Until such time as the proposed new Ordinance is enacted, then it will be necessary to continue to rely on the provisions to which this motion relates.
Sir, I beg to move.
Question put and agreed to.
MAGISTRATES ORDINANCE
THE LAW DRAFTSMAN moved the following motion:―That the Third Schedule to the Magistrates Ordinance be amended by adding the following―
“9. Immigration
(Cap. 115.) An offence against section 17C(3) of the Immigration Ordinance.
10. Registration of Persons
(Cap. 177, sub. leg.)
An offence against regulation 11(2A) of the Registration of Persons Regulations.”
He said:―Sir, I move the motion standing in my name on the Order Paper.
Section 18E of the Magistrates Ordinance provides that in the case of an offence specified in the Third Schedule to that Ordinance, a defendant may plead guilty by letter. Pleas of guilty by letter not only save Magistrates and the prosecution time and effort, but they also save defendants who do not wish to dispute the charge, the inconvenience of having to attend and plead guilty in person.
I am sure honourable Members will agree that the recently introduced offence of failure to carry and produce proof of identity under section 17C(3) of the Immigration Ordinance, and the similar offence of failure to carry and produce an identity card in specified areas under regulation 11(2A) of the Registration of Persons Regulations, are eminently offences in regard to which pleas of guilty by letter should be permissible under section 18E. That, Sir, is what this motion seeks to do, to insert in the Third Schedule to the Magistrates Ordinance references to the two offences, so that persons charged with committing them can plead guilty by letter if they so wish.
Sir, I beg to move.
Question put and agreed to.
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 157 Motion (in Committee)
SUPPLEMENTARY PROVISION FOR THE QUARTER ENDED 31 MARCH 1980 (FINAL)
Council went into Committee, pursuant to Standing Order 58(2), to consider the motion standing in the name of the Financial Secretary.
THE FINANCIAL SECRETARY moved the following motion:―That this Council approves the supplementary provision for the quarter ended 31 March 1980 as set out in Paper No. 11.
His said:―Sir, I move the motion standing in my name in the Order Paper.
The final schedule of supplementary provision for the financial year 1979-80 covers a total amount of $126 million. This schedule is of supplementary provision already approved but for which the documentation was not completed in time to permit its inclusion in previous schedules. Of the total amount, $33 million was required to augment personal emoluments subheads on account of the 1979 salaries revision; $30 million was required to repay a loan made to general revenue in 1975; $27 million was required as a result of the transfer of the expenditure for repairs and improvements to border fences, to combat illegal immigration, from the Public Works Nonrecurrent head to the Defence: Miscellaneous Measures head of expenditure; and $10 million was required to meet the increased costs of and requirements for medical drugs for the Medical and Health Department.
This schedule brings the total supplementary provision for 1979-80 to $2,638 million. But, because of savings in other subheads, actual gross expenditure at $13,872 million for the full financial year 1979-80 was, in the event, only $1,418 million more than the original estimate.
The Finance Committee has approved all the items in the schedule. The purpose of this motion is simply to seek the covering authority of this Council.
Sir, I beg to move.
Question put and agreed to.
Council then resumed.
THE FINANCIAL SECRETARY reported that the motion had been agreed to in committee without amendment.
Question agreed by the whole Council pursuant to Standing Order 58(4).
158 HONG KONG LEGISLATIVE COUNCILA―5 November 1980 First reading of bill
SUMMARY OFFENCES (AMENDMENT) (NO. 2) BILL 1980
Bill read the first time and ordered to be set down for second reading pursuant to Standing Order 41(3).
Second reading of bills
SUMMARY OFFENCES (AMENDMENT) (NO. 2) BILL 1980
THE SECRETARY FOR HOME AFFAIRS moved the second reading of:―‘A bill to amend the Summary Offences Ordinance’.
He said:―Sir, as I rise to move the second reading of the Summary Offences (Amendment) (No. 2) Bill, it is not to propose a new law but to propose the repeal of an old one―namely the section of the Summary Offences Ordinance forbidding fortune telling except in temples.
Although fortune telling has long been an accepted part of the way of life in Chinese communities―and indeed in many other parts of the world― fortune tellers do not seem to have been treated kindly by our legislation.
Our predecessor must have taken heed of the exhortation in Deuteronomy not to follow abominable practices of divination, soothsayer or augurer, sorceror, charmer or medium or wizard or necromancer.
Until 1933, fortune tellers were prosecuted under section 4 of the United Kingdom Vagrancy Act of 1824, which called them rogues and vagabonds and punished them accordingly. In the early 1930s, charlatans and confidence men posing as fortune tellers were still apparently a problem for in 1933 a new section was added to the Summary Offences Ordinance of 1932 making fortune telling illegal unless it was carried out in a Chinese temple registered under the provisions of the Chinese Temples Ordinance of 1928.
Forty seven years have now passed since this particular piece of law was made and also 375 years since the gun powder plot was discovered, but I think that is an accident (laughter). Fortune tellers abound both inside and outside Chinese temples undeterred by the ferocity of the law.
The general public scarcely seems to be in need of protection against the activities of forture tellers who do not otherwise break the law by, for instance, criminal fraud or blackmail. Over the last 22 years there have been two prosecutions for fortune telling under this section of the Ordinance―neither of which was successful (laughter).
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 159
We may believe with Francis Bacon that ‘men must pursue things which are just in present, and leave the future to the divine Providence’ but those who wish to seek solace from fortune tellers should be allowed to do so without feeling they are patronizing criminals. This can only be achieved by repealing section 25 of the Summary Offences Ordinance.
Sir, I move that debate on this Bill be adjourned.
Motion made. That the debate on the second reading of the Bill be adjourned―THE SECRETARY FOR HOME AFFAIRS.
Question put and agreed to.
INLAND REVENUE (AMENDMENT) (NO. 4) BILL 1980
Resumption of debate on second reading (8 October 1980)
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). MERCHANT SHIPPING (AMENDMENT) BILL 1980
Resumption of debate on second reading (8 October 1980)
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). EVIDENCE (AMENDMENT) BILL 1980
Resumption of debate on second reading (8 October 1980)
Question proposed.
160 HONG KONG LEGISLATIVE COUNCILA―5 November 1980 Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1). Committee stage of bills
Council went into Committee.
INLAND REVENUE (AMENDMENT) (NO. 4) BILL 1980
Clauses 1 and 2 were agreed to.
Clauses 3
THE FINANCIAL SECRETARY:―Sir, I move that clause 3 be amended as set out the paper circulated to honourable Members.
As I mentioned when I presented the Bill in this Council on 8 October 1980, section 39D(6) in clause 3 as originally drafted would not adequately cover all situations in which it is appropriate to calculate balancing charges. If any Members would like me to explain in details (laughter) how the technical amendment now proposed corrects that position, I should be happy to do so.
Proposed amendment
Clause 3
That clause 3 be amended in the proposed new section 39D by deleting subsection (6) and substituting the following―
‘(6) Notwithstanding anything contained in this section, where the aggregate of any sale, insurance, salvage or compensation moneys in respect of any machinery or plant exceeds the capital expenditure incurred on the provision of that machinery or plant, the aggregate of such moneys shall―
(a) for the purposes of calculating a balancing charge under subsection (2)(b); and
(b) in calculating the reducing value of the class of machinery or plant under section 39B(4),
not exceed the capital expenditure incurred on the provision of that machinery or plant.
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 161
(7) For the purposes of subsection (6), the capital expenditure of the machinery or plant shall be taken as―
(a) in a case where section 37(2A) applies, the ‘cost of the asset’ computed in accordance with that section;
(b) in a case where section 39B(6) applies, the capital expenditure computed in accordance with that section; or
(c) in any other case, the aggregate capital expenditure incurred by the person in question on the provision of the machinery or plant for the purposes of producing profits chargeable to tax under Part IV.”.
The amendment was agreed to.
Clause 3, as amended, was agreed to.
Clause 4 was agreed to.
MERCHANT SHIPPING (AMENDMENT) BILL 1980
Clauses 1 to 4 were agreed to.
EVIDENCE (AMENDMENT) BILL 1980
Clauses 1 to 9 were agreed to.
Council then resumed.
Third reading of bills
THE ATTORNEY GENERAL reported that the
MERCHANT SHIPPING (AMENDMENT) BILL
EVIDENCE (AMENDMENT) BILL
had passed through Committee without amendment and that the
INLAND REVENUE (AMENDMENT) (NO. 4) BILL
had passed through Committee with amendment and moved the third reading of each of the Bills.
Question put on each Bill and agreed to.
Bills read the third time and passed.
162 HONG KONG LEGISLATIVE COUNCILA―5 November 1980 Unofficial Member’s Bill
Second reading of bill
THE CHINESE UNIVERSITY OF HONG KONG (VALIDATION) BILL 1980 Resumption of debate on second reading (8 October 1980)
Question proposed.
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order 43(1). Committee stage of bill
Council went into Committee.
THE CHINESE UNIVERSITY OF HONG KONG (VALIDATION) BILL 1980 Clauses 1 and 2 were agreed to.
Council then resumed.
Third reading of bill
MR. LOBO reported that
THE CHINESE UNIVERSITY OF HONG KONG (VALIDATION) BILL had passed through Committee without amendment and moved the third reading of the Bill. Question put on the Bill and agreed to.
Bill read the third time and passed.
HONG KONG LEGISLATIVE COUNCILA―5 November 1980 163 Adjournment and next sitting
HIS EXCELLENCY THE PRESIDENT:―In accordance with Standing Orders I now adjourn the Council until 2.30 p.m. on Thursday, 13 November 1980.
Adjourned accordingly at thirty-eight minutes past three o’clock.
No comments yet.
Private notes are available after approval.