Legislative Council President Andrew Leung Kwan-yuen has ruled that all amendments proposed by the Liberal Party to the government’s smoking control bill comply with the Rules of Procedure, allowing them to be introduced when the second reading resumes on Wednesday (Sep 10).
The Liberal Party earlier submitted three sets of amendments, including scrapping the planned ban on flavored cigarettes and changing the timetable for measures such as plain packaging and duty-paid cigarette labeling from a “negative vetting” process to an “affirmative vetting” model, which would require explicit Legislative Council approval before taking effect.
The government argued some amendments would fundamentally alter the bill’s policy intent, but Leung said none breached procedural rules.
His decision means the party could dilute the bill if it secures majority support from lawmakers in both the Election Committee and the combined functional and geographical constituencies.
Liberal Party chairman and retail sector lawmaker Peter Shiu Ka-fai submitted two amendment sets.
One would require LegCo approval before key measures take effect.
Another would expand the list of exempted substances from the ban on specified additives to include materials commonly used in manufacturing, processing, preservation or storage, as well as substances naturally present in cigarette paper and tobacco.
The government said it opposed Shiu’s proposals on policy grounds but offered no opinion on their compliance with procedural rules.
Leung noted that the government’s objections related merely to the amendments’ merits, which are not a factor in his rulings under the Rules of Procedure.
Another amendment seeks to delete all provisions related to the flavored cigarette ban.
The government warned this would undermine its goal of reducing tobacco’s appeal and contradict the bill’s objectives. Leung disagreed, noting the eight proposed tobacco control measures have no hierarchy and removing one would not block the others.
He said the change would adjust details, not alter the bill’s core principles, and argued the government’s interpretation of Rule 57(4)(a) was unreasonable.
Wednesday’s session will include debates on both the original bill and the Liberal Party’s amendments. Under the LegCo’s dual voting mechanism, the passage of each amendment requires separate majorities from both the geographically elected members and the functional constituency members present.
This requirement poses a significant challenge for the Liberal Party, which will need to secure broad cross-bench support. Both the government and the party are expected to engage in intense lobbying ahead of the vote.
