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Hansard (English) LEGISLATIVE COUNCIL ─ 20 October 2010 241 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 20 October 2010 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. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 242 LEGISLATIVE COUNCIL ─ 20 October 2010 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 ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, 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 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. 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. LEGISLATIVE COUNCIL ─ 20 October 2010 243 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 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. 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 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 244 LEGISLATIVE COUNCIL ─ 20 October 2010 THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.M., G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR LAI TUNG-KWOK, S.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 PROF GABRIEL MATTHEW LEUNG, J.P. (First Motion under SECRETARY FOR FOOD AND HEALTH Agenda Item V) THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE LEGISLATIVE COUNCIL ─ 20 October 2010 245 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 EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE MRS RITA LAU NG WAI-LAN, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR GREGORY SO KAM-LEUNG, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MS JULIA LEUNG FUNG-YEE, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY MR YAU SHING-MU, J.P. UNDER 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 VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 246 LEGISLATIVE COUNCIL ─ 20 October 2010 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments No. Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Republic of Hungary) Order ................................................................. L.N. 124/2010 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income and Capital) (Republic of Austria) Order ................................................... L.N. 125/2010 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains) (United Kingdom of Great Britain and Northern Ireland) Order.................................................... L.N. 126/2010 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Ireland) Order .................... L.N. 127/2010 Specification of Arrangements (The Mainland of China) (Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income) (Third Protocol) Order.... L.N. 128/2010 Waterworks (Amendment) Regulation 2010 ................ L.N. 129/2010 Clubs (Safety of Premises) (Exclusion) (Amendment) Order 2010 ........................................................ L.N. 130/2010 LEGISLATIVE COUNCIL ─ 20 October 2010 247 Deposit Protection Scheme (Representation on Scheme Membership and Protection of Financial Products under Scheme) (Amendment) Rules 2010.................................. L.N. 131/2010 Companies (Amendment) Ordinance 2010 (Commencement) Notice 2010.......................... L.N. 132/2010 United Nations (Anti-Terrorism Measures) Ordinance (Commencement) Notice 2010........ L.N. 133/2010 United Nations (Anti-Terrorism Measures) (Amendment) Ordinance 2004 (Commencement) Notice 2010.......................... L.N. 134/2010 Second Technical Memorandum for Allocation of S.S. No. 5 to Emission Allowances in Respect of Specified Gazette No. Licences ............................................................. 41/2010 Other Papers No. 5 ─ The Land Registry Trading Fund Hong Kong Annual Report 2009-10 No. 6 ─ Occupational Safety and Health Council Annual Report 2009/2010 No. 7 ─ Protection of Wages on Insolvency Fund Board Annual Report 2009-10 No. 8 ─ Environment and Conservation Fund Signed and audited financial statements together with the report of the Director of Audit and report of the Trustee on the Administration of the Fund for the year ended 31 March 2010 No. 9 ─ West Kowloon Cultural District Authority Annual Report 2009/10 248 LEGISLATIVE COUNCIL ─ 20 October 2010 No. 10 ─ Customs and Excise Service Welfare Fund Signed and audited financial statements and the report of the Director of Audit for the year ended 31 March 2010 No. 11 ─ Consumer Council Annual Report 2009-2010 No. 12 ─ The Government Minute in response to the Reports of the Public Accounts Committee No. 53A and No. 54 of June and July 2010 No. 13 ─ The Legislative Council Commission Annual Report 2009-2010 Report No. 2/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Address. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the Reports of the Public Accounts Committee No. 53A and No. 54 of June and July 2010". The Government Minute in response to the Reports of the Public Accounts Committee No. 53A and No. 54 of June and July 2010 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, laid on the table today is the Government Minute responding to the Reports No. 53A and No. 54 of the Public Accounts Committee (PAC). When presenting the Reports No. 53A and No. 54 on 2 June and 14 July respectively, the Chairman of the PAC set out comments on three chapters in the Director of Audit's Reports, namely, "Control of Western Medicines", "Development of EcoPark" and "Hong Kong Chinese Orchestra (HKCO)". I am grateful for the time and efforts devoted by the PAC to the scrutiny of the items concerned. The Government accepts the various recommendations made by the PAC and its specific response is set out in the Government Minute. I now wish to highlight key measures taken by us in the relevant areas. LEGISLATIVE COUNCIL ─ 20 October 2010 249 As regards the control of Western medicines, the Government welcomes the comments made by the PAC which help us ensure the safety, efficacy and quality of medicines in Hong Kong. We are committed to perfecting the regulatory regime for Western medicines and ensuring that it is on par with international standards. On the control of unregistered pharmaceutical products purported to be for re-export, the Department of Health (DH) has formed a Task Force on Import and Export Control of Pharmaceutical Products to formulate strategies for control of medicines imported for re-export based on risk assessment. The Task Force is exploring relevant measures, including the development of a computer system to track the import and re-export of unregistered medicines.
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