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LEGISLATIVE COUNCIL ― 22 April 2020 5253 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 22 April 2020 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. 5254 LEGISLATIVE COUNCIL ― 22 April 2020 THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. 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, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.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 THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG LEGISLATIVE COUNCIL ― 22 April 2020 5255 DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, S.B.S., J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE ALVIN YEUNG THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE CHU HOI-DICK THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HO KAI-MING THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. THE HONOURABLE SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. 5256 LEGISLATIVE COUNCIL ― 22 April 2020 THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBERS ABSENT: THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE KWONG CHUN-YU LEGISLATIVE COUNCIL ― 22 April 2020 5257 PUBLIC OFFICERS ATTENDING: THE HONOURABLE PAUL CHAN MO-PO, G.B.M., G.B.S., M.H., J.P. FINANCIAL SECRETARY THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 5258 LEGISLATIVE COUNCIL ― 22 April 2020 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) LAYING OF PAPERS ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation Legal Notice No. Employees Retraining Ordinance (Amendment of Schedule 4) Notice 2020 .................................... 29 of 2020 Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation .......................................................... 31 of 2020 Prevention and Control of Disease (Prohibition on Group Gathering) Regulation ............................ 32 of 2020 Prevention and Control of Disease (Requirements and Directions) (Business and Premises) (Amendment) Regulation 2020.......................... 33 of 2020 Road Tunnels (Government) Ordinance (Amendment of Schedule 1) Notice 2020................................ 34 of 2020 Road Tunnels (Government) (Amendment) Regulation 2020 ................................................. 35 of 2020 Road Traffic (Public Service Vehicles) (Amendment) Regulation 2020 ................................................. 36 of 2020 LEGISLATIVE COUNCIL ― 22 April 2020 5259 Tsing Ma Control Area (Tolls, Fees and Charges) (Amendment) Regulation 2020 .......................... 37 of 2020 Tsing Ma Control Area (General) (Amendment) Regulation 2020 .................................................. 38 of 2020 Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 2020 .......... 39 of 2020 Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulation 2020 ..................................... 40 of 2020 Pharmacy and Poisons (Amendment) (No. 2) Regulation 2020 .................................................. 41 of 2020 Inland Revenue Ordinance (Amendment of Section 50A) Notice 2020 .................................. 42 of 2020 Inland Revenue Ordinance (Amendment of Schedule 17D) Notice 2020 ................................ 43 of 2020 Other Papers Hong Kong Rotary Club Students' Loan Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) Sing Tao Charitable Foundation Students' Loan Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) HKSAR Government Scholarship Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) 5260 LEGISLATIVE COUNCIL ― 22 April 2020 Self-financing Post-secondary Education Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) Quality Education Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) Education Development Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) Qualifications Framework Fund Financial Statements for the year ended 31 August 2019 (including Report of the Director of Audit) AIDS Trust Fund 2018-19 Annual Report, Financial Statements and Report of the Director of Audit for the year ended 31 March 2019 Financial Reporting Council Annual Report 2019 (including Financial Statements and Report of the Director of Audit) Insurance Authority Estimates of Income and Expenditure for 2020-21 Report of changes made to the approved Estimates of Expenditure during the third quarter of 2019-20 Public Finance Ordinance : Section 8 The Government Minute in response to the Report of the Public Accounts Committee No. 72A of December 2019 LEGISLATIVE COUNCIL ― 22 April 2020 5261 WRITTEN ANSWERS TO QUESTIONS The Protection of Wages on Insolvency Fund 1. MR POON SIU-PING (in Chinese): President, some trade unions have relayed that in recent months, quite a number of workers who have been owed wages have applied for ex gratia payments from the Protection of Wages on Insolvency Fund ("the Fund") but, after a protracted period of time, have not been issued such payments for meeting their imminent needs. In this connection, will the Government inform this Council: (1) of the respective numbers of applications for ex gratia payments (i) received, (ii) processed and (iii) approved, by the Fund in each month since January 2019, and the respective numbers of employees involved in such applications; (2) of (i) the average and (ii) the longest durations between the time when the Labour Department ("LD") received a request for assistance from an employee in respect of wage defaults and the time when all information needed for processing the employee's application for an ex gratia payment by the Fund was available, in the past three years; if such figures are unavailable, of the reasons for that; (3) of (i) the average and (ii) the longest duration between the time when LD received a request for assistance from an employee in respect of wage defaults and the time when the Fund disbursed an ex gratia payment to the employee concerned, in the past three years; if such figures are unavailable, of the reasons for that; (4) given that the number of applications to the Fund for ex gratia payments is expected to increase sharply in the coming few months amid Hong Kong's worsening economic situation, whether LD will deploy additional manpower to process such applications, and whether the Government will consider revamping the procedures for applying for and disbursement of ex gratia payments with a view to expediting the disbursement to applicants of those ex gratia payments related to undisputed payments on default; if so, of the details; if not, the reasons for that; and 5262 LEGISLATIVE COUNCIL ― 22 April 2020 (5) as the Protection of Wages on Insolvency Fund Board has indicated that in 2018-2019, it continued its review of the scope of protection of the Fund and the ceilings for ex gratia payments, of the progress and outcome of the review? SECRETARY FOR LABOUR AND WELFARE (in Chinese): President, my reply to the Member's question is as follows: (1) From January 2019 to March 2020, the number of applications received in each month by the Protection of Wages on Insolvency Fund ("the Fund") is set out at Annex 1.