LEGISLATIVE COUNCIL ─ 11 July 2001 7349 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 July 2001 The Council met at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE DAVID CHU YU-LIN, J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE ERIC LI KA-CHEUNG, J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, J.P. 7350 LEGISLATIVE COUNCIL ─ 11 July 2001 THE HONOURABLE NG LEUNG-SING, J.P. PROF THE HONOURABLE NG CHING-FAI THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE HUI CHEUNG-CHING, J.P. THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE CHAN YUEN-HAN, J.P. THE HONOURABLE BERNARD CHAN THE HONOURABLE CHAN KAM-LAM THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM LEGISLATIVE COUNCIL ─ 11 July 2001 7351 THE HONOURABLE YEUNG YIU-CHUNG, B.B.S. THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. DR THE HONOURABLE TANG SIU-TONG, J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. THE HONOURABLE LI FUNG-YING, J.P. THE HONOURABLE HENRY WU KING-CHEONG, B.B.S. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE MICHAEL MAK KWOK-FUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE LEUNG FU-WAH, M.H., J.P. 7352 LEGISLATIVE COUNCIL ─ 11 July 2001 DR THE HONOURABLE LO WING-LOK THE HONOURABLE WONG SING-CHI THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE IP KWOK-HIM, J.P. THE HONOURABLE LAU PING-CHEUNG THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. MEMBER ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE DONALD TSANG YAM-KUEN, J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE ANTONY LEUNG KAM-CHUNG, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE ELSIE LEUNG OI-SIE, J.P. THE SECRETARY FOR JUSTICE MR MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS MISS DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE TREASURY MRS LILY YAM KWAN PUI-YING, J.P. SECRETARY FOR THE ENVIRONMENT AND FOOD LEGISLATIVE COUNCIL ─ 11 July 2001 7353 MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR SECURITY MS SANDRA LEE SUK-YEE, J.P. SECRETARY FOR ECONOMIC SERVICES MS ELAINE CHUNG LAI-KWOK, J.P. SECRETARY FOR HOUSING MR THOMAS TSO MAN-TAI, J.P. SECRETARY FOR PLANNING AND LANDS CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MR LAW KAM-SANG, J.P., DEPUTY SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 7354 LEGISLATIVE COUNCIL ─ 11 July 2001 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Specification of Arrangements (Government of the Republic of Estonia Concerning Air Services) (Double Taxation) Order .............................. 152/2001 Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) (Amendment) (No. 2) Regulation 2001 ............. 153/2001 Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) (Amendment) (No. 2) Regulation 2001 ............. 154/2001 Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) (Amendment) Regulation 2001............. 155/2001 Merchant Shipping (Safety) (GMDSS Radio Installations) (Amendment) Regulation 2001 ....................... 156/2001 Merchant Shipping (Safety) (Life-Saving Appliances) Regulation................................................ 157/2001 Merchant Shipping (Local Vessels) (Dwelling Vessels) Regulation................................................ 158/2001 Merchant Shipping (Local Vessels) (Ferry Terminals) Regulation................................................ 159/2001 Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft, Rescue Boats and Fast Rescue Boats) (Amendment) Rules 2001 ............................. 160/2001 Continuing Professional Development (Amendment) Rules 2001 ............................................... 161/2001 LEGISLATIVE COUNCIL ─ 11 July 2001 7355 Solicitors (Professional Indemnity) (Amendment) Rules 2001 ............................................... 162/2001 Securities (Miscellaneous) (Amendment) (No. 2) Rules 2001 ............................................... 163/2001 Banking Ordinance (Amendment of Third Schedule) Notice 2001.............................................. 164/2001 Fixed Penalty (Criminal Proceedings) (Amendment) Regulation 2001......................................... 165/2001 Fixed Penalty (Traffic Contraventions) (Amendment) Regulation 2001......................................... 166/2001 Fugitive Offenders (Indonesia) Order (Cap. 503 sub. leg.) (Commencement) Notice 2001 ....................... 167/2001 Other Papers No. 100 ─ Sir Robert Black Trust Fund Annual Report for the year 1 April 2000 to 31 March 2001 No. 101 ─ J.E. Joseph Trust Fund Report for the period 1 April 2000 to 31 March 2001 No. 102 ─ Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 2000 to 31 March 2001 No. 103 ─ Report by the Trustee of the Customs and Excise Service Children's Education Trust Fund for the period 21 July 2000 to 31 March 2001 No. 104 ─ Hong Kong Trade Development Council Annual Report 2000/2001 7356 LEGISLATIVE COUNCIL ─ 11 July 2001 No. 105 ─ Clothing Industry Training Authority Annual Report 2000 No. 106 ─ Construction Industry Training Authority Annual Report 2000 No. 107 ─ Airport Authority Hong Kong Annual Report 2000/2001 Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period October 2000 to June 2001 Report of the Panel on Financial Affairs 2000/2001 Report of the Panel on Economic Services 2000/2001 Report of the Bills Committee on Chief Executive Election Bill Report of the Bills Committee on Revenue (No. 3) Bill 2001 Report of the Bills Committee on Fixed Penalty (Public Cleanliness Offences) Bill ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr Jasper TSANG will address the Council on the progress report of the Committee on Rules of Procedure for the period October 2000 to June 2001. Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period October 2000 to June 2001 MR JASPER TSANG (in Cantonese): Madam President, in my capacity as Chairman of the Committee on Rules of Procedure, I would like to submit to this Council the Committee on Rules of Procedure of the Legislative Council of the LEGISLATIVE COUNCIL ─ 11 July 2001 7357 Hong Kong Special Administrative Region Progress Report for the period October 2000 to June 2001. This report highlights the Committee's studies in three areas over the past year, which include: (1) review of the procedural arrangements relating to Council meetings; (2) review of the procedures and working mechanism of the committees of the Council; and (3) fine-tuning of provisions and expressions used in procedural rules. First of all, as regards the review of procedural arrangements relating to Council meetings, the Committee has studied and discussed in detail the procedural arrangements for the debate on the policy address. Having regard to the functions of the Legislative Council to, among other things, receive and debate the policy addresses of the Chief Executive under Article 73(4) of the Basic Law, the Committee has reviewed the current procedure relating to the Motion of Thanks, including the appropriateness of the wording of the motion and the arrangement for proposing amendments to the motion. After consideration, the Committee finds that the current arrangement of debating the policy address upon a motion is not inconsistent with the Basic Law. On the wording of the motion, the Committee considers that its present wording, that is, "That this Council thanks the Chief Executive for his address" should be retained. As regards amendments to the motion, the Committee is of the view that the existing arrangement of allowing amendments to the motion only by adding words at the end of the motion should be retained. While reviewing the procedure of the Motion of Thanks, the Committee held that the present mode of debate could be improved. After making reference to the practice in other jurisdictions, the Committee considers that structuring the debate by policy areas has the merits of making the debate more focused and efficient. Having consulted the House Committee and the 7358 LEGISLATIVE COUNCIL ─ 11 July 2001 Administration, the Committee proposed that the current procedural arrangement, whereby Members speak on two days and public officers respond on one day, be changed to a new mode comprising a three-day debate with six sessions on specific policy areas and one day on general policies. The relevant Policy Secretaries will respond in the relevant sessions of the debate. The Committee will continue to study the details of the arrangement, so that the trial implementation of the new mode can be carried out in the debate on the 2001 policy address in the next session.