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LEGISLATIVE COUNCIL ─ 26 January 2011 5291 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 26 January 2011 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. 5292 LEGISLATIVE COUNCIL ─ 26 January 2011 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, S.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 ─ 26 January 2011 5293 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 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. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN 5294 LEGISLATIVE COUNCIL ─ 26 January 2011 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: DR THE HONOURABLE LEUNG KA-LAU PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT LEGISLATIVE COUNCIL ─ 26 January 2011 5295 THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING MISS ADELINE WONG CHING-MAN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 5296 LEGISLATIVE COUNCIL ─ 26 January 2011 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. Schedule of Routes (Citybus Limited) Order 2011 ........... 12/2011 Schedule of Routes (Citybus Limited) (North Lantau and Chek Lap Kok Airport) Order 2011 ...................... 13/2011 Schedule of Routes (Kowloon Motor Bus Company (1933) Limited) Order 2011 .............................................. 14/2011 Schedule of Routes (Long Win Bus Company Limited) Order 2011 ............................................................. 15/2011 Schedule of Routes (New Lantao Bus Company (1973) Limited) Order 2011 .............................................. 16/2011 Schedule of Routes (New World First Bus Services Limited) Order 2011 ............................................................. 17/2011 Buildings Energy Efficiency (Fees) Regulation ................ 18/2011 Buildings Energy Efficiency (Registered Energy Assessors) Regulation .............................................................. 19/2011 Travel Industry Compensation Fund (Amount of Ex gratia Payments and Financial Penalty) (Amendment) Rules 2011.............................................................. 20/2011 Factories and Industrial Undertakings (Loadshifting Machinery) Regulation (Commencement) Notice 2011........................................................................ 21/2011 LEGISLATIVE COUNCIL ─ 26 January 2011 5297 Other Papers No. 59 ─ Samaritan Fund Financial statements, Report of the Director of Audit and Report on the Samaritan Fund for the year ended 31 March 2010 No. 60 ─ Hospital Authority Annual Report 2009-2010 Report No. 11/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Regulation of Food Additives 1. MR ANDREW CHENG (in Cantonese): President, in mid-2010, the media in Hong Kong and the Mainland widely reported that a food additive called "One Drop of Incense" (ODI) was found on the Mainland market. The reports stated that if ODI was chemically synthesized, it would very likely be harmful to the human body and might even contain carcinogenic substances. The reports also pointed out that as contacts between Hong Kong and the Mainland were frequent, Hong Kong people were worried that ODI would make its way into the restaurants in Hong Kong. In this connection, will the Government inform this Council whether: (a) it has found a food additive called ODI in Hong Kong; (b) it had conducted any study in the past three years on the health impact of the food additives used on the market; if it had, of the details; if not, the reasons for that; and (c) it will regulate the use of food additives which may be harmful to the human body; if it will, whether it will co-operate with local universities to expedite the study; if not, of the reasons for that? 5298 LEGISLATIVE COUNCIL ─ 26 January 2011 SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the Centre for Food Safety (CFS) monitors 40 food safety related websites of the Mainland and overseas government authorities, as well as international organizations every day in order to keep abreast of the latest news of food incidents in other places of the world. It also pays close attention to media reports on food safety issues and takes follow-up action as appropriate. My reply to the question is as follows: (a) Since the media report of the use of ODI (一滴香) in the Mainland, the CFS has been trying to find the product in the local market but to no avail. Upon enquiry by the CFS, the Mainland authority concerned replied that ODI was a hot pot flavouring agent, but there was no further information on the actual constituents of the product. Usually, the constituents of a hot pot flavouring agent include vegetable oil and flavourings. A flavouring is a concentrated mixture of flavouring substances to produce flavours. Flavouring substances can be categorized as natural, natural identical or artificial. Although the CFS has not yet found ODI available for sale or being used in food locally, in order to ensure local hot pot soup products are safe for consumption, the CFS collected 10 samples of hot pot soup base from local hot pot restaurants in December 2010 for chemical tests, covering metallic contamination, colouring matters, preservatives and antioxidants. All test results were satisfactory. The CFS will continue to monitor the situation and carry out testing of hot pot soup products. In January 2011, the CFS collected another 50 hot pot soup base samples for testing, with test results pending. (b) and (c) Every year, the CFS conducts a number of food-related risk assessment studies, including studies on food additives. Studies in recent years include those on Aluminium in Food, Dietary Exposure to Benzoic Acid from Prepackaged Non-alcoholic Beverages of Secondary School Students, Sweeteners in Confectionery Products, LEGISLATIVE COUNCIL ─ 26 January 2011 5299 Risk Assessment on Artificial Sweeteners in Beverages, Risk Assessment of Lap-mei, and Use of Preservatives and Colouring Matter in Chinese New Year Foods. The impact of food additives on public health is a regular item for review and analysis. On legislation, we have enacted a series of subsidiary legislation under the Public Health and Municipal Services Ordinance (Cap. 132) focusing on certain specified food additives with reference to our risk assessment findings and the regulatory systems of overseas authorities, namely the Colouring Matter in Food Regulations, the Sweeteners in Food Regulations and the Preservatives in Food Regulation. These Regulations have listed the permitted food additives and/or the permitted levels of the specified food additives. When considering whether a particular food additive should be allowed, the CFS will make reference to the results of safety evaluations carried out by international food safety authorities, such as the Joint FAO/WHO Expert Committee on Food Additives.