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OFFICIAL RECORD of PROCEEDINGS Wednesday, 16 LEGISLATIVE COUNCIL ─ 16 May 2012 9803 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 16 May 2012 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 9804 LEGISLATIVE COUNCIL ─ 16 May 2012 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 16 May 2012 9805 THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 9806 LEGISLATIVE COUNCIL ─ 16 May 2012 DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBER ABSENT: THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE AMBROSE LEE SIU-KWONG, G.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE LEGISLATIVE COUNCIL ─ 16 May 2012 9807 PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE RAYMOND TAM CHI-YUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MISS ADELINE WONG CHING-MAN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 9808 LEGISLATIVE COUNCIL ─ 16 May 2012 PRESIDENT (in Cantonese): Clerk, please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Land Survey (Fees) (Amendment) Regulation 2012 ......... 87/2012 Road Traffic (Registration and Licensing of Vehicles) (Amendment) (No. 2) Regulation 2012 ................. 88/2012 Waterworks (Amendment) Regulation 2012 ..................... 89/2012 Electronic Transactions (Exclusion) (Amendment) Order 2012 ........................................................................ 90/2012 Hong Kong Court of Final Appeal (Amendment) Rules 2012 ................................................................... 91/2012 Rules of the High Court (Amendment) Rules 2012 ........... 92/2012 Rules of the District Court (Amendment) Rules 2012 ....... 93/2012 Securities and Futures Ordinance (Amendment of Schedule 1) Notice 2012 ........................................ 94/2012 Securities and Futures (Amendment) Ordinance 2012 (Commencement) Notice ....................................... 95/2012 LEGISLATIVE COUNCIL ─ 16 May 2012 9809 Other Papers No. 91 ─ Report of changes made to the approved Estimates of Expenditure during the fourth quarter of 2011-12 Public Finance Ordinance: Section 8 No. 92 ─ Early Retirement Ex-gratia Payment Fund for Aided Secondary School Teachers Financial statements together with the Report of the Director of Audit for the year ended 31 August 2011 No. 93 ─ The Government Minute in response to the Report of the Public Accounts Committee No. 57 of February 2012 Report No. 19/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Addresses. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the Report of the Public Accounts Committee No. 57 of February 2012". The Government Minute in response to the Report of the Public Accounts Committee No. 57 of February 2012 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, I present to the Legislative Council today the Government Minute in response to the Report of the Public Accounts Committee (PAC) No. 57. On presenting Report No. 57 on 15 February to the Legislative Council, the Chairman of PAC gave comments on two chapters in the Director of Audit's Reports, namely: (i) Food labelling and nutrition labelling of infant and special dietary foods; and 9810 LEGISLATIVE COUNCIL ─ 16 May 2012 (ii) Water losses from unauthorized consumption and inaccurate metering. I am grateful for the time and efforts that the PAC had devoted to the deliberation on these topics. The Administration had accepted PAC's various recommendations and set out its specific responses in the Government Minute. Today, I would like to highlight the key measures that the Administration had taken in the areas concerned and the progress made. The Administration welcomed the recommendations made by the Audit Commission and the PAC on food labelling and nutrition labelling of infant and special dietary foods. Following the publication of the Audit Commission and the PAC reports, the Food and Health Bureau, the Department of Health (DH), and the Food and Environmental Hygiene Department (FEHD) have implemented a number of measures to address the concerns raised. We are formulating a Hong Kong Code of Marketing of Breast-milk Substitutes (Hong Kong Code) applicable to Hong Kong, which is expected to be launched for consultation with the trade and stakeholders in mid-2012. The objective of the Hong Kong Code is to provide guidelines for manufacturers and distributors of breast-milk substitutes and related products so as to prevent malpractices in the advertising and marketing of breast-milk substitutes and related products. In preparing the details and delineating the coverage of the Hong Kong Code, the Taskforce on the Hong Kong Code of Marketing of Breast-milk Substitutes drew reference from the International Code of Marketing of Breast-milk Substitutes of World Health Organization promulgated in 1981 and the subsequent World Health Assembly resolutions, taking into account the local advertising and marketing practices of manufacturers and distributors of relevant products. It will also cover other requirements on breast-milk substitutes and related products, such as nutrition labelling, claims and nutritional composition. The Administration had reported the progress of the formulation of the Hong Kong Code to the Legislative Council Panel on Health Services at its meeting on 16 April 2012. LEGISLATIVE COUNCIL ─ 16 May 2012 9811 It is expected that the drafting of the Hong Kong Code will be completed in mid-2012 and will be implemented after consultation with the trade and stakeholders. The Hong Kong Code would be implemented for voluntary compliance in tandem with an appropriate monitoring mechanism. The DH will work closely with the Centre for Food Safety (CFS) of the FEHD to monitor the trade's compliance with the Hong Kong Code. The CFS will also conduct testing on the nutritional composition of infant formulae available in the market in 2012 and in 2013. Depending on the response of the trade to the Hong Kong Code, the Administration will consider if it is necessary to step up regulation by way of enacting specific legislation governing nutritional composition, nutrition labelling and claims of infant foods and report its views to the relevant Panel of the Legislative Council and PAC.
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