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latter project, as he is the Chairman of the Markets and Abattoirs Select Committee.
MR. CHAN (in English):-Mr. Chairman, may I ask Mr. Lo whether he sees any advantage in developing part of this Borrow Area No. 10 as a temporary hawker bazaar before the programme to reprovision the To Kwa Wan Market is implemented?
MR. Lo (in English):--Mr. Chairman, as I said in my reply, this is open space and is not considered suitable for a hawker bazaar in any case.
MOTIONS
(1) MR. B. A. BERNACCHI, CHAIRMAN OF THE FINANCE SELECT COMMITTEE, moved the following (in English):-
“RESOLVED that the Urban Council Financial (Amendment) By-laws 1975 be made under Section 37 of the Urban Council Ordinance, Cap. 101.”
He said (in English):-Mr. Chairman, Ladies and Gentlemen, the financial by-laws now in force were considered and agreed shortly after the Council became financially autonomous on 1st April, 1973. Although these by-laws have weathered the test of time, nevertheless experience has shown that minor amendments to three of the existing by-laws together with the creation of one new by-law is advisable. In particular, inflation has given rise to a situation whereby what was a reasonable limitation or ceiling on expenditure in respect to tender procedure in 1973, cannot be regarded as reasonable today, and of the amendments now proposed, two give cognizance to this fact, and increase the ceiling of expenditure from $100,000 to $250,000 in this connection.
The third amendment would increase the power of the Museums Select Committee and the Libraries Select Committee by providing for the former to make purchases without necessarily first seeking the advice of its professional advisers which the Committee is required to do under the existing by-laws, whilst the Libraries Select Committee would be empowered to purchase books for the libraries of the Council without recourse to tender up to 50% of the sum provided in the estimates for this purpose, thus facilitating the equipping of the libraries. Our Council museums are and always have been very grateful for the advice of the professional advisers, but the present by-law, making it obligatory always to seek this advice, in some cases gave rise to difficulties. The Museums Select Committee is a body of responsible persons who usually have the attendance at their meetings of at least one senior member of the Urban Services Department, such as a Curator or Assistant Curator, who can give professional advice, on the spot so to speak. Also a limit on such expenditure is incorporated in the proposed amendment for both the Museum and the Libraries Select Committees, namely not exceeding the provision in the relevant head of the approved estimates.
The proposed new by-law provides for the creation of a Capital Projects Reserve Fund and is complementary to By-law 14 which created a General Reserve Fund. Whilst monies in the General Reserve Fund could be utilized for capital purposes, it is considered advisable to establish a specific reserve to meet Capital Requirements only, as I mentioned earlier in the year, especially as the Council has a large building programme.
MR. H. M. G. FORSGATE (in English): Mr. Chairman, Mr. BERNACCHI has, I think, adequately explained the reasons for the alteration to these by-laws and I have pleasure in seconding this motion.
DR. DENNY M. H. HUANG (in Cantonese): -Mr. Chairman, the first two amendments stated in this motion are agreeable to me. But on the third one-the purchase of articles of artistic value without consulting professional persons-I do not feel that I can agree to it. Firstly, we are spending public money, so we must answer public queries. Secondly, there are not many experts on the Select Committee; there may be one or two. If we cannot get expert opinion within a short time, we can expand our organization so that we can easily get the information that we would like to have. Thirdly, as stated by Mr. BERNACCHI, the experts have given us a lot of help in the past, and if we do not seek their opinion in future this may have an adverse effect on them. Personally speaking, I hope that we can continue to seek expert opinion and, if there were defects in the past, we could remedy them. We should not do away entirely with expert opinion and it is questionable whether experts will agree to help us in the future. Because of this, I will abstain from voting.
MR. BERNACCHI (in English):—Mr. Chairman, I can assure Dr. HUANG that the Chairman of the Museum Select Committee, Mr. Hilton CHEONG-LEEN, will always seek the advice of experts if absolutely practicable.
MR. HILTON CHEONG-LEEN (in English):-Mr. Chairman, I thank Mr. BERNACCHI for giving this assurance on my behalf. (Laughter) But in order to clarify the point raised by Dr. HUANG, I would ask
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latter project, as he is the Chairman of the Markets and Abattoirs Select Committee.
MR. CHAN (in English):-Mr. Chairman, may I ask Mr. Lo whether he sees any advantage in development part of this Borrow Area No. 10 as a temporary hawker bazaar before the programme to reprovision the To Kwa Wan Market is implemented?
MR. Lo (in English):--Mr. Chairman, as I said in my reply, this is open space and is not considered suitable for a hawker bazaar in any case.
MOTIONS
(1) MR. B. A. BERNACCHI, CHAIRMAN OF THE FINANCE SELECT COM- MITTEE, moved the following (in English):-
“RESOLVED that the Urban Council Financial (Amendment) By-laws 1975 be made under Section 37 of the Urban Council Ordinance, Cap. 101.”
He said (in English):-Mr. Chairman, Ladies and Gentlemen, the financial by-laws now in force were considered and agreed shortly after the Council became financially autonomous on 1st April, 1973. Although these by-laws have weathered the test of time, nevertheless experience has shown that minor amendments to three of the existing by-laws together with the creation of one new by-law is advisable. In particular, inflation has given rise to a situa- tion whereby what was a reasonable limitation or ceiling on expendi- ture in respect to tender procedure in 1973, cannot be regarded as reasonable today, and of the amendments now proposed, two give cognizance to this fact, and increase the ceiling of expenditure from $100,000 to $250,000 in this connection.
The third amendment would increase the power of the Museums Select Committee and the Libraries Select Committee by providing for the former to make purchases without necessarily first seeking the advice of its professional advisers which the Committee is required to do under the existing by-laws, whilst the Libraries Select Committee would be empowered to purchase books for the libraries of the Council without recourse to tender up to 50% of the sum provided in the estimates for this purpose, thus facilitating the equiping of the libraries. Our Council museums are and always have been very grateful for the advice of the professional advisers, but the present by-law, making it obligatory always to seek this advice, in some cases gave rise to difficulties. The Museums Select Committee is a body of
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responsible persons who usually have the attendance at their meetings of at least one senior member of the Urban Services Department, such as a Curator or Assistant Curator, who can give professional advice, on the spot so to speak. Also a limit on such expenditure is incor- porated in the proposed amendment for both the Museum and the Libraries Select Committees, namely not exceeding the provision in the relevant head of the approved estimates.
The proposed new by-law provides for the creation of a Capital Projects Reserve Fund and is complementary to By-law 14 which created a General Reserve Fund. Whilst monies in the General Reserve Fund could be utilized for capital purposes, it is considered advisable to establish a specific reserve to meet Capital Requirements only, as I mentioned earlier in the year, especially as the Council has a large building programme.
MR. H. M. G. FORSGATE (in English): Mr. Chairman, Mr. BERNACCHI has, I think, adequately explained the reasons for the alteration to these by-laws and I have pleasure in seconding this motion.
DR. DENNY M. H. HUANG (in Cantonese): -Mr. Chairman, the first two amendments stated in this motion are agreeable to me. But on the third one-the purchase of articles of artistic value without consulting professional persons-I do not feel that I can agree to it. Firstly, we are spending public money, so we must answer public queries. Secondly, there are not many experts on the Select Com- mittee; there may be one or two. If we cannot get expert opinion within a short time, we can expand our organization so that we can easily get the information that we would like to have. Thirdly, as stated by Mr. BERNACCHI, the experts have given us a lot of help in the past, and if wo do not seek their opinion in future this may have an adverse effect on them. Personally speaking, I hope that we can continue to seek expert opinion and, if there were defects in the past, we could remedy them. We should not do away entirely with expert opinion and it is questionable whether experts will agree to help us in the future. Because of this, I will abstain from voting.
MR. BERNACCHI (in English):—Mr. Chairman, I can assure Dr. HUANG that the Chairman of the Museum Select Committee, Mr. Hilton CHEONG-LEEN, will always seek the advice of experts if absolutely practicable.
MR. HILTON CHEONG-LEEN (in English):-Mr. Chairman, I thank Mr. BERNACCHI for giving this assurance on my behalf. (Laughter) But in order to clarify the point raised by Dr. HUANG, I would ask
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