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OFFICIAL RECORD of PROCEEDINGS Wednesday, 27 LEGISLATIVE COUNCIL ─ 27 November 2013 3189 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 27 November 2013 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 THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 3190 LEGISLATIVE COUNCIL ─ 27 November 2013 PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. LEGISLATIVE COUNCIL ─ 27 November 2013 3191 THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. 3192 LEGISLATIVE COUNCIL ─ 27 November 2013 THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. LEGISLATIVE COUNCIL ─ 27 November 2013 3193 MEMBERS ABSENT: THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE TONY TSE WAI-CHUEN PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY MR GODFREY LEUNG KING-KWOK SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT 3194 LEGISLATIVE COUNCIL ─ 27 November 2013 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 27 November 2013 3195 PRESIDENT (in Cantonese): Will the 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/Instrument L.N. No. Antiquities and Monuments (Declaration of Historical Buildings) Notice 2013 ........................................... 186/2013 Other Papers No. 40 ─ Fire Services Department Welfare Fund Report on the Administration of the Fund and financial statements together with Report of the Director of Audit for the year ended 31 March 2013 No. 41 ─ Estate Agents Authority Annual Report 2012/13 No. 42 ─ Hong Kong Housing Authority Annual Report 2012/13 No. 43 ─ Hong Kong Housing Authority Financial Statements for the year ended 31 March 2013 No. 44 ─ The Commissioner on Interception of Communications and Surveillance Annual Report 2012 to the Chief Executive (together with a statement under section 49(4) of the Interception of Communications and Surveillance Ordinance) No. 45 ─ Independent Police Complaints Council Report 2012/13 3196 LEGISLATIVE COUNCIL ─ 27 November 2013 No. 46 ─ Supplemental Report of the Public Accounts Committee on Report No. 60 of the Director of Audit on the Results of Value for Money Audits (November 2013 ─ P.A.C. Report No. 60A) Report No. 5/13-14 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr CHAN Kin-por will address the Council on the "Report of the Independent Police Complaints Council 2012/13". Independent Police Complaints Council Report 2012/13 MR CHAN KIN-POR (in Cantonese): President, on behalf of the Independent Police Complaints Council (IPCC), I present its fourth Report since its incorporation in 2009. This Report covers the financial year ending 31 March 2013. In the year 2012-2013, the IPCC scrutinized and endorsed the findings of 2 489 complaint cases involving 4 884 allegations, a decrease of 20.9% and 21.7% respectively over the previous year. During this period, the three most common allegations were "Neglect of Duty" (with 2 317 counts), "Misconduct/Improper Manner/Offensive Language" (with 1 789 counts) and "Assault" (with 323 counts). These three types of allegations accounted for 90.7% of all allegations made in 2012-2013. In 2012-2013, 1 507 allegations were fully investigated. Of these, 101 were classified as "Substantiated"; 61 "Substantiated Other Than Reported"; 29 "Not Fully Substantiated"; 630 "Unsubstantiated"; 81 "False" and 605 "No Fault". These figures also include 166 allegations of which classification was changed from that earlier conducted by the police following queries raised by IPCC. In 2012-2013, IPCC has raised a total of 938 query points and suggestions in respect of the cases endorsed. Out of these query points, the police accepted 468 of them. Under the Observers Scheme, 2 012 observations were conducted in 2012-2013, a decrease of 0.4% over the previous year. During the reporting period, the IPCC has also interviewed two persons to seek clarification from them on matters relating to the investigation reports. LEGISLATIVE COUNCIL ─ 27 November 2013 3197 In addition to the usual work of monitoring complaint investigations carried out by the Complaints Against Police Office, the IPCC has strengthened the liaison with the police and other stakeholders on issues of significant public interest. Its aim is to act as a bridge between the police and all stakeholders, to provide a platform for the exchange of views and to foster better understanding between everyone concerned. President, on behalf of the IPCC, I wish to take the opportunity of tabling this Report in this Council to thank this Council and other stakeholders for their support of the IPCC's work. President, I so submit. PRESIDENT (in Cantonese): Mr Abraham SHEK will address the Council on the "Public Accounts Committee Report No. 60A". Supplemental Report of the Public Accounts Committee on Report No. 60 of the Director of Audit on the Results of Value for Money Audits (November 2013 ― P.A.C. Report No. 60A) MR ABRAHAM SHEK: President, on behalf of the Public Accounts Committee (PAC), I have the honour to table our Report No. 60A today. This Report is supplemental to the PAC's Report No. 60 and contains our conclusions and recommendations on Chapter 7 of the Director of Audit's Report No. 60 on "Preventive education and enlisting public support against corruption". President, before I report on the conclusions and recommendations made by the PAC, I, on behalf of the PAC, would like to point out that the PAC recognizes the dedication and the good work of the Independent Commission Against Corruption (ICAC) and its staff in making Hong Kong a world renowned corrupt-free society during the past 40 years.
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