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HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 1117 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 30 November 1994 The Council met at half-past Two o'clock PRESENT THE PRESIDENT THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., LL.D., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE MICHAEL LEUNG MAN-KIN, 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. DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D., 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 FONALD JOSEPH ARCULLI, O.B.E., J.P. 1118 HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. 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 CHEUNG MAN-KWONG THE HONOURABLE CHIM PUI-CHUNG REV THE HONOURABLE FUNG CHI-WOOD 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 FRED LI WAH-MING THE HONOURABLE MAN SAI-CHEONG THE HONOURABLE HENRY TANG YING-YEN, J.P. HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 1119 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 ROGER LUK KOON-HOO THE HONOURABLE ANNA WU HUNG-YUK THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P. ABSENT THE HONOURABLE HUI YIN-FAT, O.B.E., J.P. THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MOSES CHENG MO-CHI THE HONOURABLE MARVIN CHEUNG KIN-TUNG, O.B.E., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE LAU CHIN-SHEK THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE STEVEN POON KWOK-LIM THE HONOURABLE CHRISTINE LOH KUNG-WAI THE HONOURABLE ALFRED TSO SHIU-WAI 1120 HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 IN ATTENDANCE MR ALISTAIR PETER ASPREY, C.B.E., A.E., J.P. SECRETARY FOR SECURITY THE HONOURABLE MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR THE CIVIL SERVICE MR ANTHONY GORDON EASON, J.P. SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS MR GORDON SIU KWING-CHUE, J.P. SECRETARY FOR ECONOMIC SERVICES MR MICHAEL DAVID CARTLAND, J.P. SECRETARY FOR FINANCIAL SERVICES MRS KATHERINE FOK LO SHIU-CHING, O.B.E., J.P. SECRETARY FOR HEALTH AND WELFARE MR LAM WOON-KWONG, J.P. SECRETARY FOR EDUCATION AND MANPOWER THE CLERK TO THE LEGISLATIVE COUNCIL MR LAW KAM-SANG HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 1121 PAPERS The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Boilers and Pressure Vessels (Amendment) (No. 2) Regulation 1994 .................................................................................................. 622/94 Clubs (Safety of Premises) (Fees) (Amendment) Regulation 1994 .................................................................................................. 623/94 Land Registration Fees (Amendment) (No. 2) Regulation 1994................... 624/94 Land Registration (New Territories) Fees (Amendment) (No. 2) Regulation 1994 ................................................................................ 625/94 Immigration (Vietnamese Migrants) (Detention Centres) (Designation) (Amendment) (No. 2) Order 1994 .............................. 626/94 Prisons (Amendment) (No. 3) Order 1994.................................................... 627/94 Public Health and Municipal Services Ordinance (Public Pleasure Grounds) (Amendment of Fourth Schedule) (No. 7) Order 1994............................................................................ 628/94 Foreign Lawyers Registration (Fees) Rules .................................................. 629/94 Overseas Lawyers (Qualification for Admission) (Fees) Rules .................... 630/94 Immigration (Vietnamese Migrants) (Detention Centres) (Amendment) (No. 2) Rules 1994 ..................................................... 631/94 Regional Council (Fees for Official Signatures and Miscellaneous Services) (Repeal) Bylaw .......................................... 632/94 Antiquities and Monuments (Declaration of Historical Building) Notice 1994....................................................................................... 633/94 City Polytechnic of Hong Kong (Amendment) Ordinance 1994 (92 of 1994) (Commencement) Notice 1994..................................... 634/94 1122 HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 Hong Kong Baptist College (Amendment) Ordinance 1994 (93 of 1994) (Commencement) Notice 1994 ....................................... 635/94 Hong Kong Polytechnic (Amendment) Ordinance 1994 (94 of 1994) (Commencement) Notice 1994 ........................................... 636/94 Waste Disposal (Amendment) Ordinance 1994 (28 of 1994) (Commencement) (No. 2) Notice 1994 ......................................... 637/94 Official Languages (Authentic Chinese Text) (Estate Duty Ordinance) Order .......................................................................... (C)31/94 Sessional Paper 1994-95 No. 43 — General Chinese Charities Fund Income and Expenditure Account with Balance Sheet and Certificate of the Director of Audit for the year ended 31 March 1994 ORAL ANSWERS TO QUESTIONS Land Grant for Private Hospitals 1. DR CONRAD LAM asked (in Cantonese): Mr President, in regard to private hospitals built under land grants by the Government free of premium, will the Government inform this Council: (a) of the criteria for making such land grant for the purpose of building private hospitals; (b) of the mechanism through which the operation of such hospitals is monitored to ensure that they meet the standards set by the Government; and (c) whether any standards or guidelines have been drawn up to govern the ratio between medical/nursing staff and beds in such hospitals? SECRETARY FOR HEALTH AND WELFARE: Mr President, there are 13 private hospitals in Hong Kong, of which nine are non-profit making and four are profit making. Only non-profit making hospitals are eligible to apply for the grant of land at nominal premium. HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 1123 The conditions for granting land to non-profit making private hospitals are: (a) the proposal must conform with local development plans; (b) it must represent full use of the site applied for; and (c) the applicant is financially capable of completing the project. The conditions under which the land is granted prohibit the grantee from assigning, mortgaging and subletting the land for profit. The grantee is also required to commence to operate the hospital by a stipulated date. Only a hospital and such ancillary facilities as approved by the Director of Lands may be built on the granted site. Building plans for the hospital must be approved by the Director of Health and any subsequent major changes to the buildings or use of facilities also require the Director's approval before formal submission to the Building Authority. If the grant ceases to serve its original purpose, the site will be taken back by the Government. Since 1981, private non-profit making hospitals have been required to set aside not less than 20% of their beds to be low-charge beds, to which the Director of Health and the Chief Executive of the Hospital Authority may by mutual agreement refer patients, other than chronic long-term cases. Private hospitals are required under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap. 165) to be registered with the Director of Health, subject to conditions relating to accommodation, staffing and equipment. They are also subject to other statutory controls including registration of medical and paramedical personnel, and requirements as may be imposed by other government departments like fire safety, building requirements and dangerous good storage. After the licence is granted, the hospital will continue to be monitored through the various ordinances which are in force. In addition, the hospitals will be required to submit regular statistics and other relevant information to the Department of Health and the institutions will be inspected by the Department of Health before renewal of licence and as and when necessary. All private hospitals, whether in receipt of land grant or not, are also expected to comply with the "Guide to Hospital Standards" which was issued by the Director of Health in April 1992. The appropriate level of staffing for a hospital depends on the nature and scope of service provided, the case-mix and number of patients served. Accordingly it is considered not practical to impose a rigid staffing ratio on private hospitals. These hospitals are allowed to exercise discretion and 1124 HONG KONG LEGISLATIVE COUNCIL — 30 November 1994 flexibility to deploy human resources to meet the needs of patients subject to the satisfaction of the Director of Health. DR CONRAD LAM (in Cantonese): Mr President, in her reply, the Secretary for Health and Welfare mentioned that non-profit making private hospitals are required to set aside not less than 20% of their beds as low-charge beds. I believe that when citizens go to private hospitals for treatment, they are not aware that there are such kind of low-charge beds.
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  • Laws Governing Homosexual Conduct

    Laws Governing Homosexual Conduct

    THE LAW REFORM COMMISSION OF HONG KONG REPORT LAWS GOVERNING HOMOSEXUAL CONDUCT (TOPIC 2) LAWS GOVERNING HOMOSEXUAL CONDUCT WHEREAS : On 15 January 1980, His Excellency the Governor of Hong Kong Sir Murray MacLehose, GBE, KCMG, KCVO in Council directed the establishment of the Law Reform Commission of Hong Kong and appointed it to report upon such of the laws of Hong Kong as may be referred to it for consideration by the Attorney General and the Chief Justice; On 14 June 1980, the Honourable the Attorney General and the Honourable the Chief Justice referred to this Commission for consideration a Topic in the following terms : "Should the present laws governing homosexual conduct in Hong Kong be changed and, if so, in what way?" On 5 July 1980, the Commission appointed a Sub-committee to research, consider and then advise it upon aspects of the said matter; On 28 June 1982, the Sub-committee reported to the Commission, and the Commission considered the topic at meetings between July 1982 and April, 1983. We are agreed that the present laws governing homosexual conduct in Hong Kong should be changed, for reasons set out in our report; We have made in this report recommendations about the way in which laws should be changed; i NOW THEREFORE DO WE THE UNDERSIGNED MEMBERS OF THE LAW REFORM COMMISSION OF HONG KONG PRESENT OUR REPORT ON LAWS GOVERNING HOMOSEXUAL CONDUCT IN HONG KONG : Hon John Griffiths, QC Hon Sir Denys Roberts, KBE (Attorney General) (Chief Justice) （祈理士） （羅弼時） Hon G.P. Nazareth, OBE, QC Robert Allcock, Esq.