HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 3873 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 24 May 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 MR 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 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 RONALD JOSEPH ARCULLI, O.B.E., J.P. THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. 3874 HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 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 FREDERICK FUNG KIN-KEE THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA 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 ERIC LI KA-CHEUNG, J.P. THE HONOURABLE FRED LI WAH-MING THE HONOURABLE MAN SAI-CHEONG THE HONOURABLE STEVEN POON KWOK-LIM THE HONOURABLE HENRY TANG YING-YEN, J.P. THE HONOURABLE TIK CHI-YUEN HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 3875 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 ALFRED TSO SHIU-WAI THE HONOURABLE LEE CHEUK-YAN ABSENT THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. DR THE HONOURABLE HUANG CHEN-YA IN ATTENDANCE MR CHAU TAK-HAY, C.B.E., J.P. SECRETARY FOR TRADE AND INDUSTRY THE HONOURABLE MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR THE CIVIL SERVICE MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P. SECRETARY FOR TRANSPORT MR GORDON SIU KWING-CHUE, J.P. SECRETARY FOR ECONOMIC SERVICES 3876 HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 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 BOWEN LEUNG PO-WING, J.P. SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS MR FRED TING FOOK-CHEUNG SECRETARY FOR RECREATION AND CULTURE MR KENNETH JOSEPH WOODHOUSE, J.P. SECRETARY FOR SECURITY THE CLERK TO THE LEGISLATIVE COUNCIL MR RICKY FUNG CHOI-CHEUNG THE DEPUTY SECRETARY GENERAL MR LAW KAM-SANG HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 3877 PAPERS The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Newspapers Registration and Distribution (Amendment) Regulation 1995 ................................................ 172/95 News Agencies Registration (Amendment) Regulation 1995 ....................................................................... 173/95 Land Drainage (Consent and Approval) Regulation ............................ 174/95 Land Drainage (Appeal) Regulation .................................................... 175/95 Public Health and Municipal Services Ordinance (Public Markets) (Designation and Amendment of Tenth Schedule) (No. 2) Order 1995.................................... 176/95 Trustee Ordinance (Amendment of Second Schedule) Order 1995 ............................................................................... 177/95 Securities and Futures Commission (Annual Returns) (Amendment) Rules 1995.......................................... 178/95 Abattoirs (Urban Council) (Amendment) Bylaw 1995 ........................ 179/95 Library (Urban Council) (Amendment) Bylaw 1995 ........................... 180/95 Pleasure Grounds (Urban Council) (Amendment) Bylaw 1995 .............................................................................. 181/95 Declaration of Markets in the Urban Council Area (Amendment) (No. 2) Declaration 1995................................... 182/95 Official Languages (Authentic Chinese Text) (Theft Ordinance) Order........................................................... (C)37/95 Official Languages (Authentic Chinese Text) (Business Registration Ordinance) Order................................. (C)38/95 3878 HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 Sessional Paper 1994-95 No. 88 — Report of the Broadcasting Authority September 1993 - August 1994 ADDRESS Report of the Broadcasting Authority September 1993 - August 1994 SECRETARY FOR RECREATION AND CULTURE: Mr President, I have much pleasure in laying the annual report of the Broadcasting Authority for the year ending 31 March 1994 before the Council today. The report marks another year of dedicated work by members of the Authority in grappling with the fast changing broadcasting environment at home and abroad; a job made more difficult by rising expectations amongst the Hong Kong viewing public and a rapid growth in the number of channels to be monitored. The public hearings conducted in connection with the mid-term review of the television licences of Asia Television Limited and Television Broadcasts Limited are testament to the good work done by the Authority in meeting these public expectations. It was greatly encouraged by the level and extent of public participation at these hearings and will seek, where appropriate, to utilize such forums to enhance collection of public opinion in the future. Another important aspect of the Broadcasting Authority’s function is to regulate the services provided by commercial broadcasters. The Authority has been highly vigilant and conscientious in maintaining our broadcasts at a high standard. During the year under report, the Authority’s Complaints Committee dealt with a total of 1 382 complaints, and arising from these, some 18 warning letters were issued to various broadcasters to remind them of the need to observe more closely the different codes of practice issued. In addition, the Authority imposed on the licensees, on six occasions, financial penalties ranging from $10,000 to $100,000 for breaches of the codes. I am particularly grateful to the Authority for fulfilling its many statutory tasks with such enthusiasm and ability. The fair, open and predictable regulatory philosophy it adopts has provided our local broadcasters with a stable environment to develop and expand their businesses. It has also helped in our pursuit of reinforcing Hong Kong’s position as a broadcasting centre in the region. This is in full accord with our broadcasting policies. Looking ahead, the Broadcasting Authority will again be busily engaged in 1995. The mid-term licence review of Commercial Radio is already underway, and towards the latter part of the year the Authority will embark on the review of the satellite television licence held by Hutchvision. It also needs to HONG KONG LEGISLATIVE COUNCIL — 24 May 1995 3879 monitor further increases in the numbers of broadcast channels both on our subscription network and in the satellite broadcast arena. I warmly commend all members of the Authority, particularly its Chairman, Sir Roger LOBO, for his leadership and wise counsel. I look forward to another year of their sound judgment and good advice, in the difficult job of regulating Hong Kong’s fast changing broadcasting scene. Thank you, Mr President. ORAL ANSWERS TO QUESTIONS Town Planning Ordinance 1. MR ALBERT CHAN asked (in Cantonese): In his written reply to my enquiry in September 1994, the Deputy Secretary for Planning, Environment and Lands stated that a bill to amend the Town Planning Ordinance would be published by the end of that year. However, the Government has still not published the amendment bill. In this connection, will the Administration inform this Council why the amendment will has not yet been introduced into this Council for scrutiny and when the amendment bill will be published? SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS (in Cantonese): Mr President, Members will recall that a Consultative Document on Comprehensive Review of the Town Planning Ordinance was published for public consultation in July 1991. The intention was to bring about a completely new Town Planning Ordinance for future operations. A large number of public views were collected, including the views of this Council. These views were divided, and some doubts were raised, in respect of certain proposals originally made by the Administration. We therefore had to undertake a very careful examination of these views within the Administration. The many complex and highly technical issues involved have required the Bill to take more time to be drafted than originally envisaged. Moreover the resources likely to be needed to implement the proposed new ordinance are very significant. The Administration is taking stock of the situation and studying a working draft of the Bill. Our examination involves an analysis of the pros and cons of amending our original proposals in the light of public views and legal complexity of the issues, as well as an in-depth study of some proposals made by the public.