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Minutes of the 13Th Meeting Held in the Legislative Council Chamber at 2:30 Pm on Friday, 25 January 2002

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Minutes of the 13Th Meeting Held in the Legislative Council Chamber at 2:30 Pm on Friday, 25 January 2002 立法會 Legislative Council LC Paper No. CB(2) 1014/01-02 Ref : CB2/H/5 House Committee of the Legislative Council Minutes of the 13th meeting held in the Legislative Council Chamber at 2:30 pm on Friday, 25 January 2002 Members present : Hon Mrs Selina CHOW LIANG Shuk-yee, JP (Chairman) Hon Fred LI Wah-ming, JP (Deputy Chairman) Hon Kenneth TING Woo-shou, JP Hon James TIEN Pei-chun, GBS, JP Dr Hon David CHU Yu-lin, JP Hon Cyd HO Sau-lan Ir Dr Hon Raymond HO Chung-tai, JP Hon LEE Cheuk-yan Hon Eric LI Ka-cheung, JP Dr Hon LUI Ming-wah, JP Hon NG Leung-sing, JP Hon Margaret NG Hon James TO Kun-sun Hon CHEUNG Man-kwong Hon HUI Cheung-ching, JP Hon CHAN Kwok-keung Hon CHAN Yuen-han, JP Hon Bernard CHAN Hon CHAN Kam-lam Hon Mrs Sophie LEUNG LAU Yau-fun, SBS, JP Hon LEUNG Yiu-chung Hon SIN Chung-kai Hon Andrew WONG Wang-fat, JP Dr Hon Philip WONG Yu-hong Hon WONG Yung-kan Hon Jasper TSANG Yok-sing, JP Hon Howard YOUNG, JP Dr Hon YEUNG Sum Hon YEUNG Yiu-chung, BBS - 2 - Hon LAU Chin-shek, JP Hon LAU Kong-wah Hon LAU Wong-fat, GBS, JP Hon Miriam LAU Kin-yee, JP Hon Ambrose LAU Hon-chuen, GBS, JP Hon Emily LAU Wai-hing, JP Hon Andrew CHENG Kar-foo Hon SZETO Wah Hon Timothy FOK Tsun-ting, SBS, JP Hon LAW Chi-kwong, JP Hon TAM Yiu-chung, GBS, JP Dr Hon TANG Siu-tong, JP Hon Abraham SHEK Lai-him, JP Hon LI Fung-ying, JP Hon Henry WU King-cheong, BBS Hon Tommy CHEUNG Yu-yan, JP Hon Michael MAK Kwok-fung Hon Albert CHAN Wai-yip Hon LEUNG Fu-wah, MH, JP Dr Hon LO Wing-lok Hon WONG Sing-chi Hon Frederick FUNG Kin-kee Hon IP Kwok-him, JP Hon LAU Ping-cheung Hon Audrey EU Yuet-mee, SC, JP Hon MA Fung-kwok Members absent : Hon Albert HO Chun-yan Hon Martin LEE Chu-ming, SC, JP Dr Hon David LI Kwok-po, GBS, JP Hon CHOY So-yuk Clerk in attendance : Mrs Justina LAM Clerk to the House Committee Staff in attendance : Mr Ricky C C FUNG, JP Secretary General Mr Jimmy MA, JP Legal Adviser - 3 - Mr LAW Kam-sang, JP Deputy Secretary General Mr LEE Yu-sung Senior Assistant Legal Adviser 1 Mr Arthur CHEUNG Senior Assistant Legal Adviser 2 Ms Pauline NG Assistant Secretary General 1 Mr Ray CHAN Assistant Secretary General 3 Miss Connie FUNG Assistant Legal Adviser 3 Mr Stephen LAM Assistant Legal Adviser 4 Mrs Vivian KAM Chief Assistant Secretary (Complaints) Mr Andy LAU Chief Assistant Secretary (1)2 Miss Polly YEUNG Chief Assistant Secretary (1) 2 Ms Anita SIT Chief Assistant Secretary (1) 6 (Temp) Mrs Constance LI Chief Assistant Secretary (2)5 Mrs Betty LEUNG Chief Assistant Secretary (3)1 Miss Betty MA Senior Assistant Secretary (2)1 Mr Simon WONG Senior Public Information Officer 1 Action I. Confirmation of the minutes of the 12th meeting held on 18 January 2002 (LC Paper No. CB(2) 951/01-02) 1. The minutes were confirmed. II. Matters arising Report by the Chairman on her meeting with the Chief Secretary for Administration (CS) 2. Concerning the "Financial Assistance Scheme for Family Members of Those who Sacrifice Their Lives to Save Others", the Chairman said that she had conveyed to CS the views of the Panel on Welfare Services that although members of the Panel were supportive of the Scheme, they considered that the Panel should have been given an opportunity to comment on the scope and details of the Scheme. The Chairman further said that CS had apologised for not having arranged prior consultation. 3. Regarding the provision of papers by the Administration for discussion by Panels and Bills Committees, the Chairman said that she had written to CS to inform him of the decisions of the House Committee. III. Business arising from previous Council meetings (a) Legal Service Division report on bills referred to the House Committee in accordance with Rule 54(4) - 4 - Action Prevention of Child Pornography Bill (LC Paper No. LS 47/01-02) 4. Referring to the paper, the Legal Adviser said that the Prevention of Child Pornography Bill and the Crimes (Amendment) Bill 1999 were introduced into the Legislative Council (LegCo) on 7 July 1999, but lapsed at the end of the first LegCo term on 30 June 2000 before they could be scrutinised by Members. The Legal Adviser further said that the Administration had now combined the two bills into the present Bill in view of their common objective of protection of children against sexual exploitation. He added that the Bill also sought to extend the application of certain sexual offences provisions to acts committed against children outside Hong Kong. 5. The Legal Adviser pointed out that according to the Administration, a public consultation exercise on the Bill was conducted in November 2001 and the majority of comments received generally supported the proposals in the Bill. There were, however, some diverse comments on the coverage and clarity of the definition of "child pornography" and whether artistic merit and genuine family purpose should be defences. The Legal Adviser added that the Panel on Security was briefed on the proposals on 6 December 2001. While members in general supported the principles of the Bill, they had raised a number of concerns on the Bill. 6. The Legal Adviser said that as the Bill involved important policy and legal issues, Members might wish to consider setting up a Bills Committee to examine the Bill. 7. Mr Andrew CHENG said that as the amendments proposed in the Bill were complex, a Bills Committee should be formed to study the Bill in detail. 8. The Chairman proposed that a Bills Committee be formed. Members agreed. The following Members agreed to join : Mr David CHU, Ms Cyd HO, Miss Margaret NG, Mr SIN Chung-kai, Ms Miriam LAU, Mr Andrew CHENG, Mr Henry WU King-cheong, Mr MAK Kwok-fung, Mr WONG Sing-chi, Ms Audrey EU and Mr MA Fung-kwok. 9. The Chairman added that the Bills Committee would be placed on the waiting list until a vacant slot was available. (b) Legal Service Division report on subsidiary legislation gazetted on 18 January 2002 (LC Paper No. LS 51/01-02) 10. The Legal Adviser said that three items of subsidiary legislation were - 5 - Action gazetted on 18 January 2002. 11. Regarding the Chinese Medicine Ordinance (Cap. 549) (Commencement) Notice 2002, the Legal Adviser said that the Notice was to bring into operation the third batch of the provisions of the Chinese Medicine Ordinance. The Legal Adviser further said that the Administration intended to bring into operation later this year the remaining provisions of the Ordinance relating to the licensing of Chinese herbal medicine traders, registration of proprietary Chinese medicines and licensing of their traders. 12. Members did not raise any questions on the three items of subsidiary legislation. 13. The Chairman reminded Members that the deadline for amending the three items of subsidiary legislation was 6 February 2002, or 27 February 2002 if extended by resolution. IV. Further business for the Council meeting on 30 January 2002 Questions (LC Paper No. CB(3) 349/01-02) 14. The Chairman drew Members' attention to the three new questions (one oral and two written) to be raised at the Council meeting on 30 January 2002. V. Business for the Council meeting on 6 February 2002 (a) Questions (LC Paper No. CB(3) 350/01-02) 15. The Chairman said that 20 questions (six oral and 14 written) had been scheduled for the Council meeting on 6 February 2002. (b) Bills - First Reading and moving of Second Reading 16. The Chairman said that no notice had been received from the Administration. (c) Government motion 17. The Chairman said that no notice had been received from the Administration. - 6 - Action (d) Members’ motion Motion on "Waiving Government rates" (Wording of the motion issued vide LC Paper No. CB(3) 357/01-02 dated 24 January 2002.) - 7 - Action 18. The Chairman said that the above motion would be moved by Mr Tommy CHEUNG and the wording of the motion had been issued to Members. 19. The Chairman reminded Members that the deadline for notice of amendments, if any, was 30 January 2002. (e) Motion on adjournment Motion to be moved by Hon Martin LEE Chu-ming. 20. The Chairman said that Mr Martin LEE had given notice to move a motion to adjourn the Council for the purpose of raising the subject matter of "Looking back on the Chief Executive's administration during his term" for debate. 21. The Chairman said that according to rule 18(b) of the House Rules, the duration of an adjournment debate at a meeting would be kept within one hour (45 minutes for speeches by Members and 15 minutes for replies by government officials) unless extended by the President. The Chairman further said that under rule 18(c), a Member who wished to speak on an adjournment debate should notify the Secretariat two clear days preceding the relevant meeting to enable the Secretariat to compile a speakers list and recommend the apportionment of speaking time for the Members concerned. The Chairman added that the proposer of an adjournment debate was entitled to a minimum of five minutes' speaking time. 22. Ms Emily LAU sought clarification as to whether Members would be informed of the speaking order and speaking time prior to the adjournment debate.
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