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Official Record of Proceedings HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 2643 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 22 March 1995 The Council met at half-past Two 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 HUI YIN-FAT, 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 RONALD JOSEPH ARCULLI, O.B.E., J.P. 2644 HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. 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 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 TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA DR THE HONOURABLE HUANG CHEN-YA 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 HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 2645 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 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 LEE CHEUK-YAN ABSENT THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE SIMON IP SIK-ON, O.B.E., J.P. THE HONOURABLE ALFRED TSO SHIU-WAI IN ATTENDANCE THE CLERK TO THE LEGISLATIVE COUNCIL MR RICKY FUNG CHOI-CHEUNG THE DEPUTY SECRETARY GENERAL MR LAW KAM-SANG 2646 HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 PAPERS The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Port Control (Public Cargo Working Area) Order 1995 ............................................................................... 83/95 Port Control (Public Cargo Working Area) (No. 2) Order 1995 ............................................................................... 84/95 Food Business (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 85/95 Frozen Confections (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 86/95 Funeral Parlour (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 87/95 Milk (Regional Council) (Amendment) Bylaw 1995........................... 88/95 Offensive Trades (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 89/95 Places of Amusement (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 90/95 Places of Amusement (Regional Council) (Amendment) (No. 2) Bylaw 1995........................................... 91/95 Swimming Pools (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 92/95 Undertakers of Burials (Regional Council) (Amendment) Bylaw 1995 .............................................................................. 93/95 Places of Public Entertainment (Licences) (Specification of Fees) (Regional Council Area) (Repeal) Notice 1995 ............................................................... 94/95 Residential Care Homes (Elderly Persons) Ordinance (90 of 1994) (Commencement) Notice 1995.............................................................................. 95/95 HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 2647 Timber Stores Regulation .................................................................... 96/95 Timber Stores Ordinance (11 of 1995) (Commencement) Notice 1995................................................. 97/95 Foreign Lawyers Practice (Amendment) Rules 1995........................... 98/95 Solicitors' Practice (Amendment) Rules 1995...................................... 99/95 Trainee Solicitors (Amendment) Rules 1995 ....................................... 100/95 Statutes of the Chinese University of Hong Kong (Amendment) Statutes 1995..................................................... 101/95 Specification of Public Office.............................................................. 102/95 Electricity Ordinance (Cap. 406) (Commencement) Notice 1995.............................................................................. 103/95 Official Languages (Authentic Chinese Text) (Public Finance Ordinance) Order............................................ (C)18/95 Official Languages (Authentic Chinese Text) (Trade Unions Ordinance) Order.............................................. (C)19/95 Official Languages (Authentic Chinese Text) (Inland Revenue Ordinance) Order .......................................... (C)20/95 Miscellaneous White Paper on the Annual Report on Hong Kong 1994 to Parliament WRITTEN ANSWERS TO QUESTIONS Proper Procedures for Legislative Council Election 1. DR DAVID LI asked: According to the Independent Commission Against Corruption, 289 complaints on election graft were reported in 1994. In view of the upcoming Legislative Council election this year, will the Government inform this Council what further steps will be taken to ensure that proper procedures will be followed during the election? 2648 HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 SECRETARY FOR CONSTITUTIONAL AFFAIRS: Mr President, it is important that elections conducted in Hong Kong should not be tainted by graft and other irregularities. The Corrupt and Illegal Practices Ordinance sets out the legal framework against such practices. Everything possible will be done by the Administration and the Boundary and Election Commission (BEC) to ensure that the Legislative Council elections in September will be as honest and clean as possible. To this end, the Independent Commission Against Corruption (ICAC) would ensure that candidates and their agents are fully aware of the relevant requirements and procedures to conduct a clean campaign. Their officers would visit all candidates to explain the dos and don'ts under the Corrupt and Illegal Practices Ordinance. An information package would be given to each candidate to provide an introduction to the law, illustrative cases and answers to common problems. Publicity literature for candidates' agents and campaign helpers would also be produced. ICAC officers would also take part in briefings for candidates organized by the BEC. As for the general electorate, the ICAC would publicize, during the election period, the "Support Clean Elections" message through the mass media, posters and press advertisements. Advisory leaflets would be mailed to all registered electors. A hotline would be set up to enable the public to make enquiries and to report any suspected irregularities. A dedicated team of 30 ICAC officers would investigate complaints from candidates and members of the public. In addition to the efforts of the ICAC, the BEC would further refine, with experience gained from the March municipal councils elections, its comprehensive set of guidelines on election-related activities for the coming Legislative Council elections. The complaint procedures instituted by the Commission would encourage mutual policing and help ensure that the electoral legislation and guidelines are complied with, and that the Legislative Council elections would be open, clean and honest. Right of Abode for British Dependent Territories Citizens Passport Holders 2. DR LEONG CHE-HUNG asked: In its response to the Legislative Council's motion debate on full British citizenship for all British Dependent Territories Citizens (BDTC)/British National (Overseas) (BNO) passport holders in Hong Kong, the British Government stated that the Joint Declaration enabled all Hong Kong BDTCs to retain the right of abode in Hong Kong. In this connection, will the Administration seek elucidation to ascertain: HONG KONG LEGISLATIVE COUNCIL — 22 March 1995 2649 (a) whether BDTC passport holders who also possess Canadian or Australian passports can retain the right of abode in the territory after 1997, taking into consideration that
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