1957 — Page 67

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 67 of 115

118

HONG KONG URBAN COUNCIL

(ii) Under Standing Order 22(6), that the Chairman of each Select Committee shall be as set out in the first column of the attached list for a period of six months ending 31st March, 1958.

(iii) Under section 60(1) of the Urban Council Ordinance, 1955, that the powers and functions of the Council as set out in the second column of the attached list be delegated to the Select Committees shown in the first column for a period of six months ending 31st March, 1958.

(iv) Under section 60(1) of the Urban Council Ordinance, 1955, that the power of the Council under section 59 of the Ordinance to change by appointment or removal the personnel of each Select Committee be delegated to that Select Committee : Provided that each such change shall be reported to the Council at its next meeting."

He said:

The composition of the Select Committees in the list attached to the Agenda is, with a few exceptions, identical to that approved by this Council at the July meeting. Members affected by the proposed changes have been consulted and have agreed. I therefore move the resolution standing in my name.

DR. TENG seconded.

MR. BERNACCHI :- I have one or two fairly short observations. The first is that I would like to say that the members from the Reform Club will be supporting this resolution with the same reservations as last time, that we do feel it is rather unnecessary to do this every six months, and we would like consideration to be given in future to these appointments of Select Committees and Select Committee Chairmen being on a yearly basis.

Secondly, I wonder if clarification could be given on item No. (iv), in particular the word "removal". Is that intended merely to cover the case where a member of a Select Committee chooses to resign from the Select Committee, his resignation being accepted and therefore in that sense he is removed, or is it designed to give power to a Select Committee to vote out of office one of their members? In the latter case I feel that this is a power which should only be exercised by the full Council.

HONG KONG URBAN COUNCIL

119

The other point I have is in connexion with the Air Conditioning Select Committee. I did, in a report to the Council on the work of this Select Committee a few meetings ago, mention that the Air Conditioning Select Committee had found it was not practical to separate air conditioning from general ventilation, and that the final regulations would be in the form firstly of requirements where air conditioning is installed, secondly, requirements where air conditioning is not installed, and that therefore we were of necessity having to consider ventilation generally, and not only air conditioning. I mention that. I don't think we really need to amend the powers at the moment, but in fact we found we have to go rather outside the specific powers given us under the proposed list of Select Committees and their powers.

But having advised the Council of that fact I do not propose to move any amendment to the powers unless other members feel that some steps in the matter should be taken.

With these few words, sir, I have pleasure in supporting your motion, and subject also to the clarification about the word "removal".

CHAIRMAN :- I will endeavour to deal as best I can with Mr. Bernacchi's points. I have already taken note of his view that Select Committees should be appointed on a yearly basis. In fact he mentioned this when the Select Committees were last constituted in July, but the point of course is that a six months' period from now takes us to the end of the financial year, at which time there may be certain changes in the composition of this Council, and that would then be the more appropriate date from which to reconstitute the Committees for a longer period.

As to his point on item (iv), "removal", I would not like to give a categorical answer on this point, but it would appear to me at the moment that removal merely means that if a member wished to withdraw from a Select Committee and the other members raised no objection, he could do so. I don't think it means that they could kick him out!

I have also taken note, Mr. Bernacchi, of your remarks regarding the powers of the Air Conditioning Select Committee. No change has taken place in these powers since I have been Chairman, but I will look into the matter and make a note that we might broaden these at the next opportunity.

The question was put. The motion was carried.

Page 68 of 115

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Page 67 of 115 118 HONG KONG URBAN COUNCIL (ii) Under Standing Order 22(6), that the Chairman of each Select Committee shall be as set out in the first column of the attached list for a period of six months ending 31st March, 1958. (iii) Under section 60(1) of the Urban Council Ordinance, 1955, that the powers and functions of the Council as set out in the second column of the attached list be delegated to the Select Committees shown in the first column for a period of six months ending 31st March, 1958. (iv) Under section 60(1) of the Urban Council Ordinance, 1955, that the power of the Council under section 59 of the Ordinance to change by appointment or removal the personnel of each Select Committee be delegated to that Select Committee : Provided that each such change shall be reported to the Council at its next meeting." He said: The composition of the Select Committees in the list attached to the Agenda is, with a few exceptions, identical to that approved by this Council at the July meeting. Members affected by the proposed changes have been consulted and have agreed. I therefore move the resolution standing in my name. DR. TENG seconded. MR. BERNACCHI :- I have one or two fairly short observations. The first is that I would like to say that the members from the Reform Club will be supporting this resolution with the same reservations as last time, that we do feel it is rather unnecessary to do this every six months, and we would like consideration to be given in future to these appointments of Select Committees and Select Committee Chairmen being on a yearly basis. Secondly, I wonder if clarification could be given on item No. (iv), in particular the word "removal". Is that intended merely to cover the case where a member of a Select Committee chooses to resign from the Select Committee, his resignation being accepted and therefore in that sense he is removed, or is it designed to give power to a Select Committee to vote out of office one of their members? In the latter case I feel that this is a power which should only be exercised by the full Council. HONG KONG URBAN COUNCIL 119 The other point I have is in connexion with the Air Conditioning Select Committee. I did, in a report to the Council on the work of this Select Committee a few meetings ago, mention that the Air Conditioning Select Committee had found it was not practical to separate air conditioning from general ventilation, and that the final regulations would be in the form firstly of requirements where air conditioning is installed, secondly, requirements where air conditioning is not installed, and that therefore we were of necessity having to consider ventilation generally, and not only air conditioning. I mention that. I don't think we really need to amend the powers at the moment, but in fact we found we have to go rather outside the specific powers given us under the proposed list of Select Committees and their powers. But having advised the Council of that fact I do not propose to move any amendment to the powers unless other members feel that some steps in the matter should be taken. With these few words, sir, I have pleasure in supporting your motion, and subject also to the clarification about the word "removal". CHAIRMAN :- I will endeavour to deal as best I can with Mr. Bernacchi's points. I have already taken note of his view that Select Committees should be appointed on a yearly basis. In fact he mentioned this when the Select Committees were last constituted in July, but the point of course is that a six months' period from now takes us to the end of the financial year, at which time there may be certain changes in the composition of this Council, and that would then be the more appropriate date from which to reconstitute the Committees for a longer period. As to his point on item (iv), "removal", I would not like to give a categorical answer on this point, but it would appear to me at the moment that removal merely means that if a member wished to withdraw from a Select Committee and the other members raised no objection, he could do so. I don't think it means that they could kick him out! I have also taken note, Mr. Bernacchi, of your remarks regarding the powers of the Air Conditioning Select Committee. No change has taken place in these powers since I have been Chairman, but I will look into the matter and make a note that we might broaden these at the next opportunity. The question was put. The motion was carried. Page 68 of 115
Baseline (Original)
5 Page 67 of 115 118 HONG KONG URBAN COUNCIL (ii) Under Standing Order 22(6), that the Chairman of each Select Committee shall be as set out in the first column of the attached list for a period of six months ending 31st March, 1958. (iii) Under section 60(1) of the Urban Council Ordinance, 1955, that the powers and functions of the Council as set out in the second column of the attached list be delegated to the Select Com- mittees shown in the first column for a period of six months ending 31st March, 1958. (iv) Under section 60(1) of the Urban Council Ordinance, 1955, that the power of the Council under section 59 of the Ordinance to change by appointment or removal the personnel of each Select Com- mittee be delegated to that Select Committee : Provided that each such change shall be reported to the Council at its next meeting." He said: The composition of the Select Committees in the list attached to the Agenda is, with a few exceptions, identical to that approved by this Council at the July meeting. Members affected by the proposed changes have been consulted and have agreed. I therefore move the resolution standing in my name. DR. Teng seconded. MR. BERNACCHI :-I have one or two fairly short observations. The first is that I would like to say that the members from the Reform Club will be supporting this resolution with the same reservations as last time, that we do feel it is rather unnecessary to do this every six months, and we would like consideration to be given in future to these appointments of Select Committees and Select Committee Chairmen being on a yearly basis. Secondly, I wonder if clarification could be given on item No. (iv), in particular the word "removal". Is that intended merely to cover the case where a member of a Select Committee chooses to resign from the Select Committee, his resignation being accepted and therefore in that sense he is removed, or is it designed to give power to a Select Committee to vote out of office one of their members? In the latter case I feel that this is a power which should only be exercised by the full Council. HONG KONG URBAN COUNCIL 119 The other point I have is in connexion with the Air Con- ditioning Select Committee. I did, in a report to the Council on the work of this Select Committee a few meetings ago, mention that the Air Conditioning Select Committee had found it was not practical to separate air conditioning from general ventilation, and that the final regulations would be in the form firstly of require- ments where air conditioning is installed, secondly, requirements where air conditioning is not installed, and that therefore we were of necessity having to consider ventilation generally, and not only air conditioning. I mention that. I don't think we really need to amend the powers at the moment, but in fact we found we have to go rather outside the specific powers given us under the proposed list of Select Committees and their powers. But having advised the Council of that fact I do not propose to move any amendment to the powers unless other members feel that some steps in the matter should be taken. With these few words, sir, I have pleasure in supporting your motion, and subject also to the clarification about the word "removal". CHAIRMAN :-I will endeavour to deal as best I can with Mr. Bernacchi's points. I have already taken note of his view that Select Committees should be appointed on a yearly basis. In fact he mentioned this when the Select Committees were last constituted in July, but the point of course is that a six months' period from now takes us to the end of the financial year, at which time there may be certain changes in the composition of this Council, and that would then be the more appropriate date from which to reconstitute the Committees for a longer period. As to his point on item (iv), "removal", I would not like to give a categorical answer on this point, but it would appear to me at the moment that removal merely means that if a member wished to withdraw from a Select Committee and the other members raised no objection, he could do so. I don't think it means that they could kick him out! I have also taken note, Mr. Bernacchi, of your remarks regarding the powers of the Air Conditioning Select Committee. No change has taken place in these powers since I have been Chairman, but I will look into the matter and make a note that we might broaden these at the next opportunity. The question was put. The motion was carried.
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Page 67 of 115

118

HONG KONG URBAN COUNCIL

(ii) Under Standing Order 22(6), that the Chairman of each Select Committee shall be as set out in the first column of the attached list for a period of six months ending 31st March, 1958.

(iii) Under section 60(1) of the Urban Council Ordinance, 1955, that the powers and functions of the Council as set out in the second column of the attached list be delegated to the Select Com- mittees shown in the first column for a period of six months ending 31st March, 1958.

(iv) Under section 60(1) of the Urban Council Ordinance, 1955, that the power of the Council under section 59 of the Ordinance to change by appointment or removal the personnel of each Select Com- mittee be delegated to that Select Committee : Provided that each such change shall be reported to

the Council at its next meeting."

He said:

The composition of the Select Committees in the list attached to the Agenda is, with a few exceptions, identical to that approved by this Council at the July meeting. Members affected by the proposed changes have been consulted and have agreed. I therefore move the resolution standing in my name.

DR. Teng seconded.

MR. BERNACCHI :-I have one or two fairly short observations. The first is that I would like to say that the members from the Reform Club will be supporting this resolution with the same reservations as last time, that we do feel it is rather unnecessary to do this every six months, and we would like consideration to be given in future to these appointments of Select Committees and Select Committee Chairmen being on a yearly basis.

Secondly, I wonder if clarification could be given on item No. (iv), in particular the word "removal". Is that intended merely to cover the case where a member of a Select Committee chooses to resign from the Select Committee, his resignation being accepted and therefore in that sense he is removed, or is it designed to give power to a Select Committee to vote out of office one of their members? In the latter case I feel that this is a power which should only be exercised by the full Council.

HONG KONG URBAN COUNCIL

119

The other point I have is in connexion with the Air Con- ditioning Select Committee. I did, in a report to the Council on the work of this Select Committee a few meetings ago, mention that the Air Conditioning Select Committee had found it was not practical to separate air conditioning from general ventilation, and that the final regulations would be in the form firstly of require- ments where air conditioning is installed, secondly, requirements where air conditioning is not installed, and that therefore we were of necessity having to consider ventilation generally, and not only air conditioning. I mention that. I don't think we really need to amend the powers at the moment, but in fact we found we have to go rather outside the specific powers given us under the proposed list of Select Committees and their powers.

But having advised the Council of that fact I do not propose to move any amendment to the powers unless other members feel that some steps in the matter should be taken.

With these few words, sir, I have pleasure in supporting your motion, and subject also to the clarification about the word "removal".

CHAIRMAN :-I will endeavour to deal as best I can with Mr. Bernacchi's points. I have already taken note of his view that Select Committees should be appointed on a yearly basis. In fact he mentioned this when the Select Committees were last constituted in July, but the point of course is that a six months' period from now takes us to the end of the financial year, at which time there may be certain changes in the composition of this Council, and that would then be the more appropriate date from which to reconstitute the Committees for a longer period.

As to his point on item (iv), "removal", I would not like to give a categorical answer on this point, but it would appear to me at the moment that removal merely means that if a member wished to withdraw from a Select Committee and the other members raised

no objection, he could do so. I don't think it means that they

could kick him out!

I have also taken note, Mr. Bernacchi, of your remarks regarding the powers of the Air Conditioning Select Committee. No change has taken place in these powers since I have been Chairman, but I will look into the matter and make a note that we might broaden these at the next opportunity.

The question was put. The motion was carried.

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