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OFFICIAL RECORD of PROCEEDINGS Wednesday, 16 LEGISLATIVE COUNCIL ─ 16 December 2015 2905 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 16 December 2015 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.M., 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 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, G.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, 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. 2906 LEGISLATIVE COUNCIL ─ 16 December 2015 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 CYD HO SAU-LAN, J.P. 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, S.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. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN LEGISLATIVE COUNCIL ─ 16 December 2015 2907 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, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, J.P. 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. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI 2908 LEGISLATIVE COUNCIL ─ 16 December 2015 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., 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, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU, J.P. DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. LEGISLATIVE COUNCIL ─ 16 December 2015 2909 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. 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 PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE NICHOLAS W. YANG, J.P. SECRETARY FOR INNOVATION AND TECHNOLOGY MR ERIC MA SIU-CHEUNG, J.P. UNDER SECRETARY FOR DEVELOPMENT 2910 LEGISLATIVE COUNCIL ─ 16 December 2015 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 16 December 2015 2911 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/Instruments L.N. No. Pharmacy and Poisons (Amendment) (No. 6) Regulation 2015 ........................................................................ 234/2015 Pharmacy and Poisons (Amendment) (No. 7) Regulation 2015 ........................................................................ 235/2015 Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 2015 ............................................. 236/2015 Smoking (Public Health) Ordinance (Amendment of Schedule 2) Order 2015 .......................................... 237/2015 Legal Practitioners (Amendment) Ordinance 2012 (Commencement) Notice ........................................ 238/2015 Other Papers No. 46 ─ Lotteries Fund The Accounts of the Fund 2014-15 No. 47 ─ Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2014-2015 2912 LEGISLATIVE COUNCIL ─ 16 December 2015 No. 48 ─ Social Work Training Fund Fifty-fourth Annual Report by the Trustee for the year ending on 31 March 2015 No. 49 ─ Equal Opportunities Commission Annual Report 2014/15 No. 50 ─ Hong Kong Tourism Board Annual Report 2014/15 No. 51 ─ Communications Authority Annual Report 2014/15 No. 52 ─ Police Welfare Fund Annual Report 2014/2015 No. 53 ─ The Police Children's Education Trust and the Police Education and Welfare Trust Annual Report 2014/2015 No. 54 ─ The Government Minute in response to The Annual Report of The Ombudsman 2015 No. 55 ─ Brewin Trust Fund Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 2015 No. 56 ─ Grantham Scholarships Fund Report of the Grantham Scholarships Fund Committee on the Administration of the Fund for the year ended 31 August 2015 No. 57 ─ The Sir Murray MacLehose Trust Fund Trustee's Report for the period of 1 April 2014 to 31 March 2015 No. 58 ─ Chinese Temples Fund Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2015 LEGISLATIVE COUNCIL ─ 16 December 2015 2913 No. 59 ─ General Chinese Charities Fund Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2015 Report of the Committee on Members' Interests on complaints against Hon LEE Cheuk-yan and Hon LEUNG Kwok-hung Report No. 8/15-16 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Bankruptcy (Amendment) Bill 2015 ADDRESSES PRESIDENT (in Cantonese): Addresses. The Chief Secretary for Administration will address the Council on "The Government Minute in response to The Annual Report of The Ombudsman 2015". The Government Minute in response to The Annual Report of The Ombudsman 2015 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, the Annual Report of The Ombudsman 2015 (the Annual Report) was presented to the Legislative Council on 24 June this year. I will now present to the Legislative Council the Government Minute in response to the recommendations made in the Annual Report. The Ombudsman summarized seven direct investigation and 314 full investigation cases, and made 218 recommendations in total in the Annual Report. The Government Minute has responded to the seven direct investigation and 98 full investigation cases for which recommendations were made by The Ombudsman. Save for a few exceptions, the Government and the relevant public bodies have accepted all the recommendations and have taken or are taking various measures to implement them. For individual recommendations which could not be accepted, explanations were given to The Ombudsman by the relevant departments, as detailed in the Government Minute. 2914 LEGISLATIVE COUNCIL ─ 16 December 2015 President, The Ombudsman Ordinance stipulates that The Ombudsman may decide to deal with a case by mediation if he is of the opinion, having regard to all the circumstances of the case, that the subject matter of the complaint involves no, or only minor, maladministration. The Ombudsman pointed out in the Annual Report that many complainants were suffering from an organization's delay in relieving their plight and they therefore generally welcome the use of mediation to resolve the problems quickly by the Office of The Ombudsman (the Office) rather than a lengthy letter or investigation report from the Office accounting for the incident and detailing the organization's inadequacies. During the year, the number of complaint cases successfully concluded by the Office through mediation reached a record high of 138, having increased 3.6 times from the year before. A total of 25 organizations under complaint, as compared to 11 last year, voluntarily participated in mediation this year, showing that more organizations were receptive to resolving complaints by mediation.
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