1997 — Page 25

Urban Council Proceedings 市政局議事錄 All AI Reviewed

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HONG KONG URBAN COUNCIL

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Chairman. I suggest we support the motion instead of moving an amendment out of time. Thank you, Mr. Chairman.

MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):—Mr. Chairman, the most important thing about a formal motion is its text. This is because once carried, a motion will have to be implemented. The way this motion is written renders it in conflict with current enforcement work. Honestly, this is not satisfactory. The intention of the motion is in fact good. It addresses the problem of dripping air conditioners,

Can I now move a motion to refer this motion to the relevant Select Committee for studying into? I think this will save embarrassment and prevent giving the impression that the Council is rash in moving motions. Once the impression is formed, all explanations and remedies will become pointless.

CHAIRMAN (in Cantonese):—Mr. CHUNG is moving to close or defer the motion in accordance with Section 18 of the Standing Orders as well as to refer it to the relevant Select Committee for discussion. Is there a seconder?

Mr. Suen Kai-CHEONG (in Cantonese):—Mr. Chairman, I second the motion.

CHAIRMAN (in Cantonese):—Under Section 18(1), if the Chairman considers that a motion has been adequately discussed, it may be put to vote subject to the right of reply vested by Section 21(16). Now that there is a mover and a seconder. I must allow the original mover to exercise the right of reply before putting it to vote. Will the original mover exercise his right of reply?

MR. WU CHI-WAI (in Cantonese):—Mr. Chairman, fellow Members, part of the content of my motion today is what is being done by Government. However, the wording of the motion is to ask Government to legislate. I have tried to look back at motion debates of the past 2 years and found that we have sought more flexibility so that the scope of the motions would not be too narrow.

I have looked at my motion again and found that it includes 2 kinds of buildings for handling, namely new ones and old ones. As we all know, it is easier to handle matters of new buildings. Problems can be solved through practice notes by the Buildings Department, for example. However, such notes are not legislation. In other words, developers can comply at their own discretion. They can accept or not accept the contents of the notes. The notes are not legally binding. This is the first point.

Secondly, whether we can compel compliance of the practice notes in old buildings is questionable. First of all, it is not with the Urban Council to decide on enforcement work. The Buildings Department will consider practical circumstances and the general situation before considering practical measures to deal with the problem. That is why in my motion, I have mentioned two

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Page 25 of 654 HONG KONG URBAN COUNCIL 25 Chairman. I suggest we support the motion instead of moving an amendment out of time. Thank you, Mr. Chairman. MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):—Mr. Chairman, the most important thing about a formal motion is its text. This is because once carried, a motion will have to be implemented. The way this motion is written renders it in conflict with current enforcement work. Honestly, this is not satisfactory. The intention of the motion is in fact good. It addresses the problem of dripping air conditioners, Can I now move a motion to refer this motion to the relevant Select Committee for studying into? I think this will save embarrassment and prevent giving the impression that the Council is rash in moving motions. Once the impression is formed, all explanations and remedies will become pointless. CHAIRMAN (in Cantonese):—Mr. CHUNG is moving to close or defer the motion in accordance with Section 18 of the Standing Orders as well as to refer it to the relevant Select Committee for discussion. Is there a seconder? Mr. Suen Kai-CHEONG (in Cantonese):—Mr. Chairman, I second the motion. CHAIRMAN (in Cantonese):—Under Section 18(1), if the Chairman considers that a motion has been adequately discussed, it may be put to vote subject to the right of reply vested by Section 21(16). Now that there is a mover and a seconder. I must allow the original mover to exercise the right of reply before putting it to vote. Will the original mover exercise his right of reply? MR. WU CHI-WAI (in Cantonese):—Mr. Chairman, fellow Members, part of the content of my motion today is what is being done by Government. However, the wording of the motion is to ask Government to legislate. I have tried to look back at motion debates of the past 2 years and found that we have sought more flexibility so that the scope of the motions would not be too narrow. I have looked at my motion again and found that it includes 2 kinds of buildings for handling, namely new ones and old ones. As we all know, it is easier to handle matters of new buildings. Problems can be solved through practice notes by the Buildings Department, for example. However, such notes are not legislation. In other words, developers can comply at their own discretion. They can accept or not accept the contents of the notes. The notes are not legally binding. This is the first point. Secondly, whether we can compel compliance of the practice notes in old buildings is questionable. First of all, it is not with the Urban Council to decide on enforcement work. The Buildings Department will consider practical circumstances and the general situation before considering practical measures to deal with the problem. That is why in my motion, I have mentioned two Page 25 Page 25 of 654 Page 26
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Page 25 of 654 Page 25 of 654 HONG KONG URBAN COUNCIL 25 Chairman. I suggest we support the motion instead of moving an amendment out of time. Thank you, Mr. Chairman. MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):-Mr. Chairman, the most important thing about a formal motion is its text. This is because once ■carried, a motion will have to be implemented. The way this motion is written renders it in conflict with current enforcement work. Honestly, this is not :satisfactory. The intention of the motion is in fact good. It addresses the problem of dripping air conditioners, Can I now move a motion to refer this motion to the relevant Select Committee for studying into? I think this will save embarrassment and prevent giving the impression that the Council is rash in moving motions. Once the impression is formed, all explanations and remedies will become pointless. CHAIRMAN (in Cantonese):—Mr. CHUNG is moving to close or defer the motion in accordance with Section 18 of the Standing Orders as well as to refer it to the relevant Select Committee for discussion. Is there a seconder? Mr. Suen Kai-CHEONG (in Cantonese):—Mr. Chairman, I second the motion. 'CHAIRMAN (in Cantonese):-Under Section 18(1), if the Chairman considers that a motion has been adequately discussed, it may be put to vote subject to the right of reply vested by Section 21(16). Now that there is a mover and a :seconder. I must allow the original mover to exercise the right of reply before ¡putting it to vote. Will the original mover exercise his right of reply? MR. WU CHI-WAI (in Cantonese):-Mr. Chairman, fellow Members, part of the content of my motion today is what is being done by Government. However, the wording of the motion is to ask Government to legislate. I have tried to look back at motion debates of the past 2 years and found that we Ihave sought more flexibility so that the scope of the motions would not be too Inarrow. I have looked at my motion again and found that it includes 2 kinds of buildings for handling, namely new ones and old ones. As we all know, it is easier to handle matters of new buildings. Problems can be solved through ¡practice notes by the Buildings Department, for example. However, such notes are not legislation. In other words, developers can comply at their own discretion. They can accept or not accept the contents of the notes. The notes are not legally binding. This is the first point. Secondly, whether we can compel compliance of the practice notes in old 'buildings is questionable. First of all, it is not with the Urban Council to decide on enforcement work. The Buildings Department will consider practical circumstances and the general situation before considering practical measures to deal with the problem. That is why in my motion, I have mentioned two Page 25 f Page 25 of 654 Page 25Page 26
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HONG KONG URBAN COUNCIL

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Chairman. I suggest we support the motion instead of moving an amendment out of time. Thank you, Mr. Chairman.

MR. CHRISTOPHER CHUNG SHU-KUN (in Cantonese):-Mr. Chairman, the most important thing about a formal motion is its text. This is because once

■carried, a motion will have to be implemented. The way this motion is written renders it in conflict with current enforcement work. Honestly, this is not :satisfactory. The intention of the motion is in fact good. It addresses the

problem of dripping air conditioners,

Can I now move a motion to refer this motion to the relevant Select Committee for studying into? I think this will save embarrassment and prevent giving the impression that the Council is rash in moving motions. Once the impression is formed, all explanations and remedies will become pointless.

CHAIRMAN (in Cantonese):—Mr. CHUNG is moving to close or defer the motion in accordance with Section 18 of the Standing Orders as well as to refer it to the relevant Select Committee for discussion. Is there a seconder?

Mr. Suen Kai-CHEONG (in Cantonese):—Mr. Chairman, I second the motion.

'CHAIRMAN (in Cantonese):-Under Section 18(1), if the Chairman considers that a motion has been adequately discussed, it may be put to vote subject to the right of reply vested by Section 21(16). Now that there is a mover and a :seconder. I must allow the original mover to exercise the right of reply before ¡putting it to vote. Will the original mover exercise his right of reply?

MR. WU CHI-WAI (in Cantonese):-Mr. Chairman, fellow Members, part of the content of my motion today is what is being done by Government. However, the wording of the motion is to ask Government to legislate. I have tried to look back at motion debates of the past 2 years and found that we Ihave sought more flexibility so that the scope of the motions would not be too

Inarrow.

I have looked at my motion again and found that it includes 2 kinds of buildings for handling, namely new ones and old ones. As we all know, it is easier to handle matters of new buildings. Problems can be solved through ¡practice notes by the Buildings Department, for example. However, such notes are not legislation. In other words, developers can comply at their own discretion. They can accept or not accept the contents of the notes. The notes are not legally binding. This is the first point.

Secondly, whether we can compel compliance of the practice notes in old 'buildings is questionable. First of all, it is not with the Urban Council to decide on enforcement work. The Buildings Department will consider practical circumstances and the general situation before considering practical measures to deal with the problem. That is why in my motion, I have mentioned two

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