LEGISLATIVE COUNCIL ─ 16 July 1999 10743 OFFICIAL RECORD OF PROCEEDINGS Friday, 16 July 1999 The Council met at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, J.P. THE HONOURABLE DAVID CHU YU-LIN THE HONOURABLE HO SAI-CHU, S.B.S., J.P. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE EDWARD HO SING-TIN, S.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE MICHAEL HO MUN-KA IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE WING-TAT THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. 10744 LEGISLATIVE COUNCIL ─ 16 July 1999 THE HONOURABLE ERIC LI KA-CHEUNG, J.P. THE HONOURABLE LEE KAI-MING, S.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, J.P. THE HONOURABLE NG LEUNG-SING PROF THE HONOURABLE NG CHING-FAI THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE RONALD ARCULLI, J.P. THE HONOURABLE MA FUNG-KWOK THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE AMBROSE CHEUNG WING-SUM, J.P. THE HONOURABLE HUI CHEUNG-CHING THE HONOURABLE CHRISTINE LOH THE HONOURABLE CHAN YUEN-HAN THE HONOURABLE BERNARD CHAN THE HONOURABLE CHAN WING-CHAN THE HONOURABLE CHAN KAM-LAM DR THE HONOURABLE LEONG CHE-HUNG, J.P. LEGISLATIVE COUNCIL ─ 16 July 1999 10745 THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE GARY CHENG KAI-NAM, J.P. 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 THE HONOURABLE YEUNG YIU-CHUNG 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, 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 10746 LEGISLATIVE COUNCIL ─ 16 July 1999 THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE FUNG CHI-KIN DR THE HONOURABLE TANG SIU-TONG, J.P. MEMBERS ABSENT: DR THE HONOURABLE DAVID LI KWOK-PO, J.P. THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE TIMOTHY FOK TSUN-TING, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS ANSON CHAN, G.B.M., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE ELSIE LEUNG OI-SIE, J.P. THE SECRETARY FOR JUSTICE MR NICHOLAS NG WING-FUI, J.P. SECRETARY FOR TRANSPORT MR RAFAEL HUI SI-YAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES MR JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR EDUCATION AND MANPOWER MR KWONG KI-CHI, G.B.S., J.P. SECRETARY FOR INFORMATION TECHNOLOGY AND BROADCASTING LEGISLATIVE COUNCIL ─ 16 July 1999 10747 MISS DENISE YUE CHUNG-YEE, J.P. SECRETARY FOR THE TREASURY MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR SECURITY MR LEE SHING-SEE, J.P. SECRETARY FOR WORKS MR GREGORY LEUNG WING-LUP, J.P. SECRETARY FOR HEALTH AND WELFARE MISS YVONNE CHOI YING-PIK, J.P. SECRETARY FOR TRADE AND INDUSTRY CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 10748 LEGISLATIVE COUNCIL ─ 16 July 1999 PRESIDENT (in Cantonese): Good morning, Members. I think you have a common wish, which is to finish all the items of business on the Agenda. Failing that, we will have to continue our meeting on Monday. Resumption of Second Reading Debate on Bill PRESIDENT (in Cantonese): We will resume the Second Reading debate of the Road Tunnels (Government) (Amendment) Bill 1999. ROAD TUNNELS (GOVERNMENT) (AMENDMENT) BILL 1999 Resumption of debate on Second Reading which was moved on 26 May 1999 PRESIDENT (in Cantonese): Does any Member wish to speak? MR LAU CHIN-SHEK (in Cantonese): Madam President, can I ask once again whether we are discussing the Bill on road tunnels? PRESIDENT (in Cantonese): Yes, we are on the Road Tunnels (Government) (Amendment) Bill 1999. MR LAU CHIN-SHEK (in Cantonese): Madam President, the legislative intent of the Bill is to provide a legal basis for the continual operation and management of the Hung Hom Cross-Harbour Tunnel (CHT) by the relevant authority after the franchise expires in the end of August this year. In passing the Revenue Bill 1999 last week, this Council passed at the same time certain terms and conditions for the transfer of the franchise, in particular, a drastic increase in the tolls for private cars and motorcycles. Despite the decision by this Council last week in this connection, I am still very dissatisfied at the toll increase proposed by the Government immediately following the reversion of the CHT. LEGISLATIVE COUNCIL ─ 16 July 1999 10749 Madam President, the Government announced last year that at the expiration of the franchise of the CHT, which would revert to the Government, it would contract out the operation of the CHT to an operator in the form of a management agreement for a term of two years. At the time, employees of the Cross-Harbour Tunnel Limited (the Company) was very much worried about their future, and represented their worries to the Panel on Transport. They were worried about losing their jobs with the expiry of the franchise. Even if the new management company was willing to re-employ them, their wages might be reduced. Then, there was a consensus among colleagues in the Panel on Transport that the Government should be required to guarantee that employees originally working at the Company be re-employed by the new management company with terms of employment no less favourable than the original arrangement. I gave a warning at the time that I would vote against the Bill for the reversion of the tunnel to the Government if the employee's right to employment was not guaranteed. Madam President, with luck, the Company was able to gain management of the CHT for the next two years after an open tender. The Company also agreed to re-employ the employees at their original jobs and wages. Therefore, I will support the Second and Third Readings of the Bill today. However, there are two points that I would like to raise, hoping the Government would face them squarely. First, the Government is duty-bound to monitor closely if the management company would reduce the wages and benefits of the employees, directly or indirectly, or to cut administrative costs by means of layoffs. I have to put this on the record: That I support the Bill because of the Government's guarantee that the working conditions of the employees of the Company will not be reduced at least in the next two years. Second, insofar as the contracting out of public services by way of management agreements is concerned, the Government must establish a set of criteria to ensure that the contractors must offer reasonable terms of employment in their staff recruitment. Thus tenderers cannot minimize their tender price by cutting back on staff costs. Madam President, I so submit. 10750 LEGISLATIVE COUNCIL ─ 16 July 1999 PRESIDENT (in Cantonese): Secretary for Transport, do you wish to reply? (The Secretary for Transport indicated that he did not wish to reply) PRESIDENT (in Cantonese): I now put the question to you and that is: That the Road Tunnels (Government) (Amendment) Bill 1999 be read the Second time. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (No hands raised) PRESIDENT (in Cantonese): I think the question is agreed by a majority of the Members present. I declare the motion passed. CLERK (in Cantonese): Road Tunnels (Government) (Amendment) Bill 1999. Council went into Committee. Committee Stage CHAIRMAN (in Cantonese): Committee stage. Council is now in Committee. ROAD TUNNELS (GOVERNMENT) (AMENDMENT) BILL 1999 CHAIRMAN (in Cantonese): I now propose the question to you and that is: That the following clauses stand part of the Road Tunnels (Government) (Amendment) Bill 1999. LEGISLATIVE COUNCIL ─ 16 July 1999 10751 CLERK (in Cantonese): Clauses 1 to 15. CHAIRMAN (in Cantonese): Will those in favour please raise their hands? (Members raised their hands) CHAIRMAN (in Cantonese): Those against please raise their hands. (No hands raised) CHAIRMAN (in Cantonese): I think the question is agreed by a majority of the Members present. I declare the motion passed. CHAIRMAN (in Cantonese): Council will now resume. Council then resumed. Third Reading of Bill PRESIDENT (in Cantonese): Bill: Third Reading. ROAD TUNNELS (GOVERNMENT) (AMENDMENT) BILL 1999 SECRETARY FOR TRANSPORT (in Cantonese): Madam President, the Road Tunnels (Government) (Amendment) Bill 1999 has passed through Committee without amendment. I move that the Bill be read the Third time and do pass. 10752 LEGISLATIVE COUNCIL ─ 16 July 1999 PRESIDENT (in Cantonese): I now propose the question to you and that is: That the Road Tunnels (Government) (Amendment) Bill 1999 be read the Third time and do pass. PRESIDENT (in Cantonese): I now put the question to you as stated.