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Official Record of Proceedings HONG KONG LEGISLATIVE COUNCIL － 28 July 1995 6335 OFFICIAL RECORD OF PROCEEDINGS Friday, 28 July 1995 The Council met at Nine o’clock PRESENT THE PRESIDENT THE HONOURABLE SIR JOHN SWAINE, C.B.E., LL.D., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P. THE FINANCIAL SECRETARY THE HONOURABLE SIR NATHANIEL WILLIAM HAMISH MACLEOD, K.B.E., J.P. THE ATTORNEY GENERAL THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E. THE HONOURABLE SZETO WAH 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, O.B.E., J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P. THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. 6336 HONG KONG LEGISLATIVE COUNCIL － 28 July 1995 THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P. DR THE HONOURABLE LEONG CHE-HUNG, O.B.E., J.P. 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, O.B.E., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE VINCENT CHENG HOI-CHUEN, O.B.E., J.P. THE HONOURABLE MOSES CHENG MO-CHI THE HONOURABLE MARVIN CHEUNG KIN-TUNG, O.B.E., 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, O.B.E., J.P. DR THE HONOURABLE LAM KUI-CHUN DR THE HONOURABLE CONRAD LAM KUI-SHING, J.P. THE HONOURABLE EMILY LAU WAI-HING THE HONOURABLE LEE WING-TAT THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE FRED LI WAH-MING THE HONOURABLE MAN SAI-CHEONG THE HONOURABLE STEVEN POON KWOK-LIM HONG KONG LEGISLATIVE COUNCIL － 28 July 1995 6337 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 PHILIP WONG YU-HONG DR THE HONOURABLE YEUNG SUM THE HONOURABLE HOWARD YOUNG, J.P. THE HONOURABLE ZACHARY WONG WAI-YIN DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE CHRISTINE LOH KUNG-WAI THE HONOURABLE ROGER LUK KOON-HOO THE HONOURABLE ANNA WU HUNG-YUK THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P. THE HONOURABLE ALFRED TSO SHIU-WAI THE HONOURABLE LEE CHEUK-YAN ABSENT THE HONOURABLE HUI YIN-FAT, O.B.E., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D., J.P. IN ATTENDANCE MR MICHAEL LEUNG MAN-KIN, C.B.E., J.P. SECRETARY FOR EDUCATION AND MANPOWER MR MICHAEL SUEN MING-YEUNG, C.B.E., J.P. SECRETARY FOR HOME AFFAIRS MR RONALD JAMES BLAKE, J.P. SECRETARY FOR WORKS 6338 HONG KONG LEGISLATIVE COUNCIL － 28 July 1995 MR JAMES SO YIU-CHO, O.B.E., J.P. SECRETARY FOR RECREATION AND CULTURE MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P. SECRETARY FOR TRANSPORT MR NICHOLAS NG WING-FUI, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS MR MICHAEL DAVID CARTLAND, J.P. SECRETARY FOR FINANCIAL SERVICES MR DOMINIC WONG SHING-WAH, O.B.E., J.P. SECRETARY FOR HOUSING MR PETER LAI HING-LING, J.P. SECRETARY FOR SECURITY MR BOWEN LEUNG PO-WING, J.P. SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS MR KWONG KI-CHI, J.P. SECRETARY FOR THE TREASURY MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR TRADE AND INDUSTRY MRS SHELLEY LAU LEE LAI-KUEN, J.P. SECRETARY FOR HEALTH AND WELFARE THE CLERK TO THE LEGISLATIVE COUNCIL MR RICKY FUNG CHOI-CHEUNG THE DEPUTY SECRETARY GENERAL MISS PAULINE NG MAN-WAH HONG KONG LEGISLATIVE COUNCIL － 28 July 1995 6339 PRESIDENT: Before we start, I think it would be helpful if I were to announce the arrangements for today. We have not expected to spill over into Friday with so much business left undone. As Members know, we do have an end of term dinner tonight which would be very costly to cancel. We shall go ahead with the dinner starting at about 7.30 pm, but we will compress the dinner as much as possible with no speeches, and it is expected that we ought to be able to finish dinner within about an hour and a quarter, which will be tantamount to the normal dinner break at any event. So dinner will take place upstairs as arranged, but it will be compressed to the shortest time practicable. I regret to say that there will be no lunch break, and what will be provided for the benefit of Members is snacks in the Ante Chamber so that in the event of voting, Members will be able to make it to the Chamber when the division bell rings. The Deputy has kindly consented from time to time to take the Chair when I take a short break. These breaks will occur when it is clear that there will be no voting. So we shall have to plough through the whole of the day breaking only for supper at about 7.30 pm. We shall go on as long as it is humanly possible tonight with a view to trying to finish the Order Paper today. But if that proves humanly impossible, we shall resume tomorrow morning. But I would please urge upon Members the need to get the outstanding business finished with the minimum of delay, and I would please urge Members to keep their speeches down to the essentials, that is, to speak at the Committee stage of this Bill and to speak on the remaining Bills on matters which are strictly relevant to the matter under debate. Committee Stage of Bill Council went into Committee. DISABILITY DISCRIMINATION BILL Clauses 5, 14, 37, 40, 41, 42, 45, 46, 49, 53, 57, 58, 61, 64, 68, 69, 72 to 75, 77, 78, 81, 84 and 85 were agreed to. Clauses 1, 3, 4, 6 to 10, 12, 13, 15 to 19, 21 to 36, 38, 39, 43, 44, 47, 48, 50, 51, 52, 55, 56, 59, 63, 67, 71, 82 and 83 SECRETARY FOR HEALTH AND WELFARE: Mr Chairman, I move that the clauses specified be amended as set out in the paper circulated to Members. As I mentioned in my earlier speech, many disability groups feel that the Chinese term for disability“弱能”is not one they are happy with. In view of their concerns, the Administration has proposed 53 amendments to different clauses of the Bill, some of which are specified here, to amend the term to“殘疾”. 6340 HONG KONG LEGISLATIVE COUNCIL － 28 July 1995 Clause 7 covers discrimination by way of victimization of a person who, for example, has brought proceedings against the discriminator. Our amendment will extend the definition of victimization to cover circumstances where a person is victimized because of proceedings and other actions taken by another person under the Bill. In other words, a person with a disability who has been discriminated against but has not brought proceedings himself will also be protected from any victimization which may arise from such proceedings having been brought by another person. The Chinese text of clauses 7, 19, 21, 23, 27, 28 and 82 are amended to correct errors in the gazetted Chinese version of the Bill or to bring some of the Chinese terms used in line with those used in other Ordinances. Clause 9 is a technical amendment to improve the definition of “therapeutic device”, “palliative device” and “auxiliary aid”. Our amendments to clause 12(3)(b) stem from our acceptance of the suggestions made by the Bills Committee to improve the provisions relating to genuine occupational qualification. The amendments mean that in addition to an employer not being exempt if the alteration of premises he provides for employees would not impose unjustifiable hardship on him, the employer would also not be exempt if the disabled job applicant proposed to make the necessary alterations himself and undertook to restore the premises to their original condition on leaving. The intention is to make the exemptions provided under clause 12 consistent with similar exemptions provided under clauses 26 and 27 relating to the disposal and management of premises. Another amendment to clause 12 is to delete subclauses 3(c), (d) and (f) as the exemptions provided in these three subclauses are already covered by the more general exemption of the inherent requirements of the job. Clause 34 covers harassment in educational establishments. The provision protects, for example, a student with a disability from harassment by his teacher. Our amendment would extend this protection to the less likely but possible situation of a student harassing a teacher with a disability. Clause 24 makes it unlawful for a person to discriminate against another person with a disability in relation to the provision of goods, services and facilities.
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