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LC Paper No. CB(3) 838/17-18

LEGISLATIVE COUNCIL

MINUTES

No. 41

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Minutes of the meeting held on Wednesday 11 July 2018 at 11:00 am and Thursday 12 July 2018 at 9:00 am

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Attendance The attendance of Members, public officers and Clerks is in the Official Record of Proceedings. Tabling of Papers The following papers were laid on the table under Rule 21(2) of the Rules of Procedure (“RoP”): Subsidiary Legislation / Instruments L.N. No. 1. Air Pollution Control (Fuel for Vessels) Regulation

(gazetted on 6.7.2018)

135/2018

2. Pharmacy and Poisons (Amendment) (No. 4) Regulation 2018 (gazetted on 6.7.2018)

136/2018

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Subsidiary Legislation / Instruments L.N. No. 3. Construction Workers Registration (Levy) (Amendment) Notice

2018 (gazetted on 6.7.2018)

137/2018

4. District Court Ordinance—Resolution of the Legislative Council (Commencement) Notice (gazetted on 6.7.2018)

138/2018

5. Small Claims Tribunal Ordinance—Resolution of the Legislative Council (Commencement) Notice (gazetted on 6.7.2018)

139/2018

6. Small Claims Tribunal (Fees) (Amendment) Rules 2018 (gazetted on 6.7.2018)

140/2018

Other Papers 1. No. 125 - The Standing Committee on Legal Education and Training

Annual Report 2017 1 January 2017 to 31 December 2017 (published on 4.7.2018)

2. No. 126 - Clothing Industry Training Authority Annual Report 2017 (published on 4.7.2018)

3. No. 127 - Hong Kong Deposit Protection Board Annual Report 2017-2018 (published on 6.7.2018)

4. No. 128 - Prisoners’ Welfare Fund Report by the Commissioner of Correctional Services on the administration of the Fund, Financial statements and Report of the Director of Audit for the year ended 31 March 2018 (published on 6.7.2018)

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5. No. 129 - Report of the Public Accounts Committee on Report No. 70 of the Director of Audit on the Results of Value for Money Audits (July 2018 ─ P.A.C. Report No. 70) (published on 9.7.2018)

6. Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period October 2017 to July 2018 (published on 9.7.2018)

7. Report No. 18/17-18 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments (published on 5.7.2018)

8. Report of the Bills Committee on Human Organ Transplant (Amendment) Bill 2018 (published on 6.7.2018)

9. Report of the Panel on Food Safety and Environmental Hygiene 2017-2018 (published on 5.7.2018)

10. Report of the Panel on Manpower 2017-2018 (published on 5.7.2018)

11. Report of the Panel on Commerce and Industry 2017-2018 (published on 5.7.2018)

12. Report of the Panel on Constitutional Affairs 2017-2018 (published on 5.7.2018)

13. Report of the Panel on Housing 2017-2018 (published on 5.7.2018)

14. Report of the Panel on Welfare Services 2017-2018 (published on 5.7.2018)

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15. Report of the Panel on Transport 2017-2018 (published on 5.7.2018)

16. Report of the Panel on Education 2017-2018 (published on 5.7.2018)

17. Report of the Panel on Economic Development 2017-2018 (published on 5.7.2018)

18. Report of the Panel on Administration of Justice and Legal Services 2017-2018 (published on 6.7.2018)

19. Report of the Panel on Health Services 2017-2018 (published on 6.7.2018)

20. Report of the Panel on Financial Affairs 2017-2018 (published on 6.7.2018)

Addresses The Members presenting the papers as set out on the Agenda addressed the Council respectively. Questions Six oral questions as set out on the Agenda (i.e. Questions 1 to 6) were put by the Members and oral replies were given by the public officers. Written replies to Questions 7 to 22 as set out on the Agenda were supplied to Members.

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Government Bills First Reading and Second Reading － Hotel and Guesthouse Accommodation

(Amendment) Bill 2018 : Secretary for Home Affairs

－ Electoral Legislation (Miscellaneous

Amendments) Bill 2018 : Secretary for Constitutional and

Mainland Affairs After the Bills were read the first time and ordered to be set down for Second Reading under RoP 53(3), the public officers moved the Second Reading of the Bills respectively. The questions on the Second Reading of the Bills were proposed respectively and the debates were adjourned. The Bills were referred to the House Committee in accordance with RoP 54(4). Second Reading (Debate to resume), Consideration by Committee of the Whole Council and Third Reading － Human Organ Transplant (Amendment)

Bill 2018 : Secretary for Food and Health

The debate on the Second Reading of the Bill, which was moved on 9 May 2018, resumed. After Members and the public officer had spoken, the question on the Second Reading of the Bill was put and agreed to. The Bill was read the second time and committed to a committee of the whole Council. The Council became committee of the whole Council and considered the Bill. The question that clauses 1, 2 and 3 stand part of the Bill was proposed, put and agreed to. The Council then resumed. The public officer reported that the Bill had been passed by committee of the whole Council without amendment. The question on the motion that the report made under RoP 58(12) by the public officer be adopted by this Council was proposed, put and agreed to. The Bill was ordered to be set down for Third Reading under RoP 59. The question on the Third Reading of the Bill was proposed, put and agreed to. The Bill was read the third time and passed.

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Motions Proposed resolutions under the Fatal Accidents Ordinance The Solicitor General and Hon HUI Chi-fung each proposed an identical motion under the Fatal Accidents Ordinance. The Solicitor General1 moved the motion as set out on the Agenda. The question on the motion was proposed. A joint debate was held on the two motions. After Members and the Solicitor General had spoken, the question on the Solicitor General’s motion was put and agreed to (details of division in Appendix 1). Members’ Motions Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance Hon WONG Ting-kwong moved the motion as set out on the Agenda. The question on the motion was proposed, put and agreed to. Proposed resolutions under section 34(2) of the Interpretation and General Clauses Ordinance Hon James TO had given notices to move two motions under section 34(2) of the Interpretation and General Clauses Ordinance. He moved the first motion as set out on the Agenda. The question on the first motion was proposed. A joint debate on the two motions was held. After Members and the public officer had spoken, the following questions were put:

Order of questions put

Decisions taken (details of division,

if any)

－ Hon James TO’s first motion as set out on the Agenda Negatived (Appendix 2)

－ Hon James TO’s second motion as set out on the Agenda

Negatived (Appendix 3)

1 By virtue of section 7 of the Legal Officers Ordinance (Cap. 87), the Solicitor General, in the absence of the Secretary

for Justice, moved the motion.

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Motion under the Legislative Council (Powers and Privileges) Ordinance (During the debate on the motion, the meeting was suspended at 10:03 am on 12 July 2018 for holding the Chief Executive’s Question and Answer Session. The meeting resumed at 12:02 pm on the same day.) Hon LAM Cheuk-ting moved the motion as set out on the Agenda. The question on the motion was proposed. After Members and the public officer had spoken, the question on the motion was put and not agreed to (details of division in Appendix 4). Motion on “Vote of no confidence in the President of the Legislative Council” Prof Hon Joseph LEE moved the motion as set out on the Agenda. The question on the motion was proposed. After Members had spoken, the question on the motion was put and not agreed to (details of division in Appendix 5). End of session The Council was adjourned at 8:15 pm on 12 July 2018.

(Andrew LEUNG Kwan-yuen) President

Legislative Council Chamber Legislative Council Complex, Hong Kong 1 August 2018