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LEGISLATIVE COUNCIL ─ 11 December 2013 4211 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 December 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 FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. 4212 LEGISLATIVE COUNCIL ─ 11 December 2013 THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 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 ─ 11 December 2013 4213 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. 4214 LEGISLATIVE COUNCIL ─ 11 December 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. THE HONOURABLE TONY TSE WAI-CHUEN LEGISLATIVE COUNCIL ─ 11 December 2013 4215 PUBLIC OFFICERS ATTENDING: THE HONOURABLE TSANG TAK-SING, 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 DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT PROF SOPHIA CHAN SIU-CHEE, J.P. UNDER SECRETARY FOR FOOD AND HEALTH 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 ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 4216 LEGISLATIVE COUNCIL ─ 11 December 2013 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back 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. Import and Export (General) Regulations (Amendment of Schedule 7) (No. 2) Notice 2013 ........................... 198/2013 Other Papers No. 47 ─ Immigration Service Welfare Fund Report on the administration of the Fund prepared by the Director of Immigration Incorporated in accordance with section 12(b) of the Immigration Service (Welfare Fund) Regulation No. 48 ─ The Prince Philip Dental Hospital 2012/13 Annual Report The Board of Governors No. 49 ─ The Government Minute in response to the 25th Annual Report of The Ombudsman 2013 PRESIDENT (in Cantonese): Members, 10 minutes before the meeting commences, you will hear in the Legislative Council Complex the Secretariat's announcement advising you that the meeting will start in 10 minutes. Please be punctual so that Members and officials attending on time do not have to wait for a while before there is a quorum for the meeting to commence. LEGISLATIVE COUNCIL ─ 11 December 2013 4217 ADDRESSES PRESIDENT (in Cantonese): Address. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the 25th Annual Report of The Ombudsman 2013". The Government Minute in response to the 25th Annual Report of The Ombudsman 2013 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, the 25th Annual Report of The Ombudsman (Annual Report) was tabled before the Legislative Council on 10 July this year. I now submit to the Legislative Council the Government Minute in response to the recommendations in the Annual Report. In the Annual Report, The Ombudsman summarized six direct investigations and 169 full investigations, and made a total of 217 recommendations. Save for six recommendations, the Government and relevant public bodies have accepted all the recommendations from The Ombudsman, and have taken or are taking various measures to implement the recommendations. As to the six recommendations not accepted, they involve one direct investigation and two full investigations conducted by The Ombudsman. The relevant departments, namely the Food and Environmental Hygiene Department and the Labour Department, have given explanations to The Ombudsman as set out in detail in this Government Minute. The Office of The Ombudsman (Office) has noted or accepted the departments' explanations. President, The Ombudsman has been playing a very important role in raising the quality and standard of administration of Hong Kong's public services, and the achievements are evident to all. The Ombudsman receives complaints from the public, and then carries out independent and impartial investigations. If maladministration is found in government departments and public bodies, The Ombudsman will suggest positive recommendations and improvement measures. During the investigations by The Ombudsman, many departments have proactively taken improvement measures, so The Ombudsman's investigations are virtually a catalyst for administrative reform. In fact, as indicated by The Ombudsman in the Annual Report, over 40% of complaints were found 4218 LEGISLATIVE COUNCIL ─ 11 December 2013 unsubstantiated. This fully reflects that if there is no maladministration in public bodies, The Ombudsman will also confirm that their practices are sensible and reasonable. I am concerned about The Ombudsman's observations that some government officers do not appreciate the positive meaning of the Office's intervention and have behaved in an overly defensive manner towards its investigations; and some departments were lax in keeping proper records. We will urge departments to make improvements in these areas. With rapid social development, the Government understands that it must closely monitor new trends and remind departments to proactively handle new challenges in a flexible manner. In summarizing the handling of complaints over the past year, The Ombudsman pointed out the three categories of improvement measures where most recommendations were made by the Office, and they were measures for better client services, enhanced guidelines for staff, and clearer and more timely information for the public. We will remind department heads to pay more attention to improving front-line services and giving adequate support to front-line staff. We will also continue to foster effective collaboration among departments through, inter alia, the lining up of inter-departmental meetings and the establishment of inter-departmental groups and offices, with a view to developing a more joined-up government so as to address public aspirations more efficiently and comprehensively. Moreover, in the Annual Report, The Ombudsman also recommended government departments and public bodies to adopt a more open attitude towards the making of apologies. In this regard, the Department of Justice set up the Steering Committee on Mediation (Committee) at the end of last year to further develop mediation services. Prior to the publication of the Annual Report by The Ombudsman, the Committee had already commenced a number of studies, including studying the introduction of apology legislation to allow individuals, private organizations, government organs and public bodies more flexibility in law to deal with apologies and related matters.
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    Branch Network & Corporate Banking Centres Bank of China (Hong Kong) – Branch Network Hong Kong Island Branch Address Telephone Branch Address Telephone Central & Western District Southern District Bank of China Tower Branch 1 Garden Road, Hong Kong 2826 6888 Tin Wan Branch 2-12 Ka Wo Street, Tin Wan, Hong Kong 2553 0135 Sheung Wan Branch 252 Des Voeux Road Central, Hong Kong 2541 1601 Aberdeen Branch 25 Wu Pak Street, Aberdeen, Hong Kong 2553 4165 Queen’s Road West 2-12 Queen’s Road West, Sheung Wan, Hong Kong 2815 6888 South Horizons Branch G13 & G15, G/F West Centre Marina Square, 2580 0345 (Sheung Wan) Branch South Horizons, Ap Lei Chau, Hong Kong Connaught Road Central 13-14 Connaught Road Central, Hong Kong 2841 0410 South Horizons Branch Safe Shop 118, Marina Square East Centre, Ap Lei Chau, 2555 7477 Branch Box Service Centre Hong Kong Central District Branch 2A Des Voeux Road Central, Hong Kong 2160 8888 Wah Kwai Estate Branch Shop 17, Shopping Centre, Wah Kwai Estate, 2550 2298 Central District 71 Des Voeux Road Central, Hong Kong 2843 6111 Hong Kong (Wing On House) Branch Chi Fu Landmark Branch Shop 510, Chi Fu Landmark, Pok Fu Lam, Hong Kong 2551 2282 Shek Tong Tsui Branch 534 Queen’s Road West, Shek Tong Tsui, Hong Kong 2819 7277 Ap Lei Chau Branch 13-15 Wai Fung Street, Ap Lei Chau, Hong Kong 2554 6487 Western District Branch 386-388 Des Voeux Road West, Hong Kong 2549 9828 Stanley Branch Shop No.301B, Stanley Plaza, Hong Kong 3982 8188 Shun Tak Centre Branch Shop 225, 2/F, Shun Tak Centre, 2291 6081 200 Connaught Road Central,
  • Section 1: Introduction

    Section 1: Introduction

    SC(2) Paper No. A 4 Report on Review of Post-Service Outside Work for Directorate Civil Servants Committee on Review of Post-Service Outside Work for Directorate Civil Servants July 2009 CONTENTS Page Foreword i Executive Summary iii Chapter 1 Introduction 1-4 Overview 1 Background 1 Membership and Terms of Reference 2 Work of the Review Committee 3 Chapter 2 Control Regime 5-23 Overview 5 Underlying Principles 5 Policy Objective 8 Basis of Control 9 Key Features – The ‘3-Ps’ 11 Chapter 3 Overseas Practices 24-48 Overview 24 Australia 25 Canada 29 France 32 New Zealand 35 Singapore 37 United Kingdom 39 United States of America 44 Chapter 4 Public Response to Consultation Document 49-76 Overview 49 Public Consultation 49 Response on the Nine Salient Issues 50 Other Views 73 Chapter 5 Findings and Recommendations 77-126 Overview 77 Underlying Principles 78 Policy Objective 80 Design and Operation 83 Public Monitoring 116 Summary of Recommendations 119 Chapter 6 Politically Appointed Officials 127-130 Overview 127 Background 127 Views of Some Committee Members 128 Public Views 129 Observation 130 Annexes A1-A9 Annex A Provisions Relevant to Protection of Individual’s A1 Right in Basic Law, International Covenant and Convention and Other Ordinances Annex B Terms of Reference and Current Membership of A3 Advisory Committee on Post-service Employment of Civil Servants Annex C List of Subvented Organisations Gazetted for A4 Pension Suspension Purpose Annex D Sample Case Record on Public Register A5 Annex E List of Written Submissions A7 EXECUTIVE SUMMARY INTRODUCTION In response to public concern over post-service outside work of directorate civil servants, the Chief Executive appointed on 30 September 2008 an 11-member strong independent Committee on Review of Post-service Outside Work for Directorate Civil Servants (hereafter referred to as ‘the Review Committee’) to review the existing policy and arrangements and to submit its findings and recommendations to the Chief Executive in mid-2009.