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1 HONG KONG LEGISLATIVE COUNCIL -- 18 December 1991

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1 HONG KONG LEGISLATIVE COUNCIL -- 18 December 1991 1 HONG KONG LEGISLATIVE COUNCIL -- 18 December 1991 HONG KONG LEGISLATIVE COUNCIL -- 18 December 1991 1 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 18 December 1991 The Council met at half-past Two o'clock PRESENT THE DEPUTY PRESIDENT THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE SIR DAVID ROBERT FORD, K.B.E., L.V.O., J.P. THE FINANCIAL SECRETARY THE HONOURABLE NATHANIEL WILLIAM HAMISH MACLEOD, J.P. THE ATTORNEY GENERAL THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE STEPHEN CHEONG KAM-CHUEN, C.B.E., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE MRS RITA FAN HSU LAI-TAI, O.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P. THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. THE HONOURABLE DAVID LI KWOK-PO, O.B.E., J.P. THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E. THE HONOURABLE TAM YIU-CHUNG THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P. THE HONOURABLE LAU WONG-FAT, O.B.E., J.P. THE HONOURABLE EDWARD HO SING-TIN, J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, J.P. THE HONOURABLE MRS PEGGY LAM, M.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P. DR THE HONOURABLE LEONG CHE-HUNG THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E. THE HONOURABLE PETER WONG HONG-YUEN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP PROF THE HONOURABLE EDWARD CHEN KWAN-YIU THE HONOURABLE VINCENT CHENG HOI-CHUEN THE HONOURABLE MOSES CHENG MO-CHI THE HONOURABLE MARVIN CHEUNG KIN-TUNG, J.P. THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHIM PUI-CHUNG REV THE HONOURABLE FUNG CHI-WOOD THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA DR THE HONOURABLE HUANG CHEN-YA THE HONOURABLE SIMON IP SIK-ON, J.P. DR THE HONOURABLE LAM KUI-CHUN DR THE HONOURABLE CONRAD LAM KUI-SHING THE HONOURABLE LAU CHIN-SHEK THE HONOURABLE MISS EMILY LAU WAI-HING THE HONOURABLE LEE WING-TAT THE HONOURABLE GILBERT LEUNG KAM-HO THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE FRED LI WAH-MING PROF THE HONOURABLE FELICE LIEH MAK, O.B.E., J.P. THE HONOURALBE MAN SAI-CHEONG THE HONOURABLE NG MING-YUM THE HONOURABLE STEVEN POON KWOK-LIM THE HONOURABLE HENRY TANG YING-YEN, J.P. THE HONOURABLE TIK CHI-YUEN THE HONOURABLE JAMES TO KUN-SUN DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE HOWARD YOUNG THE HONOURABLE ZACHARY WONG WAI-YIN ABSENT THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE SZETO WAH THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG IN ATTENDANCE MRS ANSON CHAN, J.P. SECRETARY FOR ECONOMIC SERVICES MR YEUNG KAI-YIN, J.P. SECRETARY FOR THE TREASURY MR MICHAEL SUEN MING-YEUNG, J.P. SECRETARY FOR HOME AFFAIRS MR MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS MRS ELIZABETH WONG CHIEN CHI-LIEN, I.S.O., J.P. SECRETARY FOR HEALTH AND WELFARE MR IAN ROBERT STRACHAN, J.P. SECRETARY FOR SECURITY THE CLERK TO THE LEGISLATIVE COUNCIL MR LAW KAM-SANG Papers The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Public Health and Municipal Services (Public Markets) (Cancellation of Designation) (No. 2) Order 1991..................................................... 437/91 Public Order Curfew (Variation) (No. 4) Order 1991............ 438/91 Securities (Stock Exchange Listing) (Amendment) Rules 1991.................................................................. 439/91 Securities (Stock Exchange Listing) (Amendment) Rules 1991 (Commencement) Notice 1991..................... 440/91 Declaration of Markets in the Regional Council Area (Amendment) (No. 3) Declaration 1991................. 441/91 Declaration of Markets in the Regional Council Area (Amendment) (No. 4) Declaration 1991................. 442/91 Sessional Paper 1991-92 No. 27 -- The Accounts of the Lotteries Fund 1990-91 No. 28 -- Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 1990-91 No. 29 -- Chinese Temples Fund Income and Expenditure with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1991 No. 30 -- General Chinese Charities Fund Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1991 No. 31 -- Sir Murray MacLehose Trust Fund Trustee's Report for the period 1 April 1990 to 31 March 1991 No. 32 -- Grantham Scholarships Fund Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 August 1991 No. 33 -- Sir Edward Youde Memorial Fund Report of the Board of Trustees for the period 1 April 1990 to 31 March 1991 No. 34 -- Emergency Relief Fund Annual Report by the Trustee for the year ending on 31 March 1991 No. 35 -- Social Work Training Fund Thirtieth Annual Report by the Trustee for the year ending on 31 March 1991 Oral answers to questions Legislative Council's role in implementing JLG agreements 1. MISS EMILY LAU asked: Since agreements reached by the Sino-British Joint Liaison Group apparently cannot be altered or renegotiated, and this Council will not be consulted upon them in advance, what action will Government take to ensure that this Council's duty to scrutinize proposed legislation implementing such agreements does not become a mere rubber stamping exercise? SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, Article VII(I) of the Letters Patent provides for the Governor to make laws in Hong Kong with the advice and consent of the Legislative Council. Whenever draft legislation is put before it, the Council decides whether to approve or otherwise. This Council's scrutiny of legislation has always been thorough and conscientious and, I have no doubt, will remain so. For the purpose of facilitating this Council's scrutiny of legislation before it, the Administration will continue to provide as much information and explanation to this Council as can properly be provided. Members will, I trust, recognize that in doing this we have to observe the provision on confidentiality of proceedings of the Joint Liaison Group laid down in Annex II to the Sino-British Joint Declaration. MISS EMILY LAU: Mr Deputy President, in order to get around the problem of breaching confidentiality of JLG proceedings, will the Administration undertake to consult this Council on all major matters, no matter whether they will come up in JLG discussions or not, as this will ensure that the Government will always have a firm grasp of the feeling of this Council whenever they discuss matters within the JLG meetings? SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, the terms of reference of the Joint Liaison Group are clearly set out in Annex II to the Joint Declaration. Its functions are to conduct consultations on the implementation of the Joint Declaration, to discuss matters relating to the smooth transfer of government in 1997, and to exchange information. The function of the Legislative Council is to enact laws and to approve funds where it is necessary to implement such agreements. I think it would not be helpful to confuse the roles of the two bodies. We do not, however, preclude sharing with Members of the Legislative Council our ideas on issues which have yet to be presented to the Joint Liaison Group and we shall do our best to do so in the future. MR CHEUNG MAN-KWONG (in Cantonese): Will the Administration inform this Council whether, in the event of an agreement reached by the Joint Liaison Group being contrary to the views of this Council, the Administration will bring up the matter afresh with the Joint Liaison Group in order to reflect the views of this Council and of the public that this Council represent? SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, the British side of the Joint Liaison Group receives instructions which have been discussed and considered by the Government of Hong Kong in consultation with the Executive Council. We endeavour through that process to arrive at negotiating positions which will be acceptable, on the whole, to this Council and the people of Hong Kong. MR RONALD ARCULLI: Mr Deputy President, regarding the recent discussions in Maastricht on the future of the European Community, Her Majesty's Government held a debate in the House of Commons where members of the House were able to express their views on certain key issues relating to those discussions and negotiations. Would the Administration here consider the possibility of initiating motion debates on matters that may arise in discussions in the Joint Liaison Group so that Members of this Council would be afforded an opportunity of expressing their views? SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr Deputy President, I am not familiar with the discussions referred to by Mr ARCULLI but I shall certainly study that. I think in the process of discussion within this Council we should be careful not to do it in a way that will make negotiations in the Joint Liaison Group difficult, for example, by publicly discussing our negotiating position. That, to my mind, would not be in the interests of Hong Kong. MR SIMON IP: Mr Deputy President, the Joint Declaration says that the proceedings of the Joint Liaison Group shall remain confidential unless otherwise agreed between the two sides.
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