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Minutes of the 17Th Meeting Held in Conference Room 1 of the Legislative Council Complex at 2:30 Pm on Friday, 28 February 2014

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Minutes of the 17Th Meeting Held in Conference Room 1 of the Legislative Council Complex at 2:30 Pm on Friday, 28 February 2014 立法會 Legislative Council LC Paper No. CB(2)1022/13-14 Ref : CB2/H/5/13 House Committee of the Legislative Council Minutes of the 17th meeting held in Conference Room 1 of the Legislative Council Complex at 2:30 pm on Friday, 28 February 2014 Members present: Hon Andrew LEUNG Kwan-yuen, GBS, JP (Chairman) Hon Ronny TONG Ka-wah, SC (Deputy Chairman) Hon Albert HO Chun-yan Hon LEE Cheuk-yan Hon James TO Kun-sun Hon CHAN Kam-lam, SBS, JP Hon LEUNG Yiu-chung Hon Emily LAU Wai-hing, JP Hon Abraham SHEK Lai-him, GBS, JP Hon Tommy CHEUNG Yu-yan, SBS, JP Hon Frederick FUNG Kin-kee, SBS, JP Hon Vincent FANG Kang, SBS, JP Hon WONG Kwok-hing, BBS, MH Prof Hon Joseph LEE Kok-long, SBS, JP, PhD, RN Hon Jeffrey LAM Kin-fung, GBS, JP Hon WONG Ting-kwong, SBS, JP Hon Cyd HO Sau-lan Hon Starry LEE Wai-king, JP Hon CHAN Hak-kan, JP Hon CHAN Kin-por, BBS, JP Dr Hon Priscilla LEUNG Mei-fun, SBS, JP Dr Hon LEUNG Ka-lau Hon WONG Kwok-kin, BBS Hon IP Kwok-him, GBS, JP Hon Mrs Regina IP LAU Suk-yee, GBS, JP Hon Paul TSE Wai-chun, JP Hon Alan LEONG Kah-kit, SC Hon LEUNG Kwok-hung Hon Albert CHAN Wai-yip Hon WONG Yuk-man - 2 - Hon Claudia MO Hon Michael TIEN Puk-sun, BBS, JP Hon James TIEN Pei-chun, GBS, JP Hon NG Leung-sing, SBS, JP Hon Steven HO Chun-yin Hon Frankie YICK Chi-ming Hon WU Chi-wai, MH Hon YIU Si-wing Hon Gary FAN Kwok-wai Hon MA Fung-kwok, SBS, JP Hon Charles Peter MOK Hon CHAN Chi-chuen Hon CHAN Han-pan Dr Hon Kenneth CHAN Ka-lok Hon CHAN Yuen-han, SBS, JP Hon LEUNG Che-cheung, BBS, MH, JP Hon Alice MAK Mei-kuen, JP Dr Hon KWOK Ka-ki Hon KWOK Wai-keung Hon Dennis KWOK Dr Hon Fernando CHEUNG Chiu-hung Hon SIN Chung-kai, SBS, JP Dr Hon Helena WONG Pik-wan Hon IP Kin-yuen Dr Hon Elizabeth QUAT, JP Hon Martin LIAO Cheung-kong, JP Hon POON Siu-ping, BBS, MH Dr Hon CHIANG Lai-wan, JP Ir Dr Hon LO Wai-kwok, BBS, MH, JP Hon CHUNG Kwok-pan Hon Christopher CHUNG Shu-kun, BBS, MH, JP Hon Tony TSE Wai-chuen Members absent: Dr Hon LAU Wong-fat, GBM, GBS, JP Hon TAM Yiu-chung, GBS, JP Dr Hon LAM Tai-fai, SBS, JP Hon CHEUNG Kwok-che Hon Kenneth LEUNG Hon Christopher CHEUNG Wah-fung, JP Hon TANG Ka-piu - 3 - Clerk in attendance : Miss Flora TAI Clerk to the House Committee Staff in attendance : Mr Kenneth CHEN, SBS Secretary General Mr Jimmy MA, JP Legal Adviser Mrs Justina LAM Deputy Secretary General Mr Andy LAU Assistant Secretary General 1 Miss Odelia LEUNG Assistant Secretary General 3 Mrs Percy MA Assistant Secretary General 4 Ms Connie FUNG Senior Assistant Legal Adviser 1 Mr KAU Kin-wah Senior Assistant Legal Adviser 3 Ms Elyssa WONG Head (Information Services) Ms Dora WAI Principal Council Secretary 1 Ms Emily PANG Chief Public Information Officer Ms Amy YU Chief Council Secretary (2)6 Mr Kelvin LEE Assistant Legal Adviser 1 Mr Bonny LOO Assistant Legal Adviser 3 Ms Wendy KAN Assistant Legal Adviser 6 Ms Clara TAM Assistant Legal Adviser 9 Miss Evelyn LEE Assistant Legal Adviser 10 Mr Jove CHAN Senior Council Secretary (2)2 Miss Josephine SO Senior Council Secretary (2)6 Miss Jasmine TAM Council Secretary (2)6 Ms Anna CHEUNG Senior Legislative Assistant (2)3 Mr Arthur KAN Legislative Assistant (2)7 Action I. Confirmation of verbatim transcript/minutes of meetings (a) Verbatim transcript of the special meeting held on 7 February 2014 (LC Paper No. CB(2)965/13-14) (b) Minutes of the 16th meeting held on 21 February 2014 (LC Paper No. CB(2)951/13-14) 1. The above two sets of verbatim transcript/minutes of meetings were confirmed. - 4 - Action II. Matters arising Report by the Chairman on his meeting with the Chief Secretary for Administration ("CS") Breakfast meetings with the Task Force on Constitutional Development 2. The Chairman said that he and the Deputy Chairman had agreed to help coordinate the attendance lists of Members for the four breakfast meetings with the Task Force on Constitutional Development to be held in March 2014. To facilitate coordination of the attendance lists, he reminded Members to reply to the Secretariat on their preferred breakfast meeting dates as soon as possible. 2013-2014 Legislative Programme 3. The Chairman further said that CS had advised that in response to Members' concern about the progress of the Legislative Programme, the Administration had completed the necessary work procedure for four Bills, which would be introduced into the Legislative Council ("LegCo") at its meetings of 19 and 26 March 2014. III. Business arising from previous Council meetings Legal Service Division report on subsidiary legislation gazetted on 21 February 2014 and tabled in Council on 26 February 2014 (LC Paper No. LS28/13-14) 4. At the invitation of the Chairman, Legal Adviser ("LA") briefed Members on the Legal Service Division ("LSD") report on the three items of subsidiary legislation (i.e. L.N. 22 to L.N. 24) which were gazetted on 21 February 2014 and tabled in Council on 26 February 2014. 5. Regarding the Resolution of the Board of Directors of the Po Leung Kuk (i.e. L.N. 24), Ms Emily LAU enquired whether the Resolution would enable Po Leung Kuk ("PLK") to provide new services and whether additional Government funding would be required. 6. At the invitation of the Chairman, LA advised that the Resolution sought to enable PLK to expand its scope of services to cover medical and health services for the general public. According to the relevant LegCo Brief, PLK had undertaken not to seek additional Government funding for this initiative. - 5 - Action 7. Ms Emily LAU considered it necessary to form a subcommittee to study the Resolution in detail. Members agreed. Ms Emily LAU agreed to join the proposed subcommittee. 8. Members did not raise any questions on the other two items of subsidiary legislation (i.e. L.N. 22 and L.N. 23). 9. The Chairman reminded Members that the deadline for amending these items of subsidiary legislation was the Council meeting of 26 March 2014, or that of 16 April 2014 if extended by a resolution of the Council. IV. Legal Service Division report on subsidiary legislation gazetted on 26 February 2014 (LC Paper No. LS31/13-14) 10. At the invitation of the Chairman, LA briefed Members on the LSD report on the two items of subsidiary legislation (i.e. L.N. 25 and L.N. 26) which were gazetted on 26 February 2014 and would be tabled in Council on 19 March 2014. 11. Regarding the Rating (Exemption) Order 2014 (i.e. L.N. 26), Ms Cyd HO opined that the proposed rates concession should cover all the four quarters, instead of only two quarters, of the 2014-2015 financial year. She considered it necessary to form a subcommittee to study the Order in detail. Members agreed. Ms Cyd HO, Miss CHAN Yuen-han and Mr SIN Chung-kai agreed to join the subcommittee. 12. Members did not raise any questions on the other item of subsidiary legislation (i.e. Public Revenue Protection (Dutiable Commodities) Order 2014 (L.N. 25)). 13. The Chairman reminded Members that the deadline for amending these two items of subsidiary legislation was the Council meeting of 16 April 2014, or that of 7 May 2014 if extended by a resolution of the Council. V. Advance information on business for the Council meeting of 19 March 2014 (a) Bills - First Reading and moving of Second Reading - 6 - Action (i) Shipping Legislation (Control of Smoke Emission) (Amendment) Bill 2014 (ii) Marriage (Amendment) Bill 2014 14. The Chairman informed Members that the Administration had given notice to present the above two Bills to the Council on 19 March 2014. The House Committee ("HC") would consider these Bills at its meeting on 21 March 2014. (b) Government motions (i) Proposed resolution to be moved by the Secretary for Financial Services and the Treasury under section 7(1) of the Public Finance Ordinance (Cap. 2) (Wording of the proposed resolution issued vide LC Paper No. CB(3)439/13-14 dated 27 February 2014.) (LC Paper No. LS29/13-14) (ii) Proposed resolution to be moved by the Secretary for Food and Health under section 29 of the Pharmacy and Poisons Ordinance (Cap. 138) (Wording of the proposed resolution issued vide LC Paper No. CB(3)436/13-14 dated 26 February 2014.) (LC Paper No. LS30/13-14) (iii) Proposed resolution to be moved by the Secretary for the Environment under section 5(4) of the Motor Vehicles (First Registration Tax) Ordinance (Cap. 330) (Wording of the proposed resolution issued vide LC Paper No. CB(3)440/13-14 dated 27 February 2014.) (LC Paper No. LS32/13-14) 15. At the invitation of the Chairman, LA briefed Members on the respective reports prepared by LSD on the above three proposed resolutions. 16. Dr Fernando CHEUNG considered it necessary to form a subcommittee to study in detail the proposed resolution under section 5(4) of the Motor Vehicles (First Registration Tax) Ordinance (Cap. 330). Members agreed. Mr WU Chi-wai and Dr Fernando CHEUNG agreed to join the proposed subcommittee. - 7 - Action 17. The Chairman said that in line with established practice and the arrangement agreed with the Administration, the Administration would be requested to withdraw its notice for moving the proposed resolution so as to allow sufficient time for the subcommittee to scrutinize the proposed resolution.
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