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Official Record of Proceedings LEGISLATIVE COUNCIL ─ 27 April 2016 7825 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 27 April 2016 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 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. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. 7826 LEGISLATIVE COUNCIL ─ 27 April 2016 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 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 THE HONOURABLE CLAUDIA MO LEGISLATIVE COUNCIL ─ 27 April 2016 7827 THE HONOURABLE MICHAEL TIEN PUK-SUN, B.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 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. 7828 LEGISLATIVE COUNCIL ─ 27 April 2016 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. THE HONOURABLE ALVIN YEUNG NGOK-KIU MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 27 April 2016 7829 PUBLIC OFFICERS ATTENDING: THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE CLEMENT CHEUNG WAN-CHING, J.P. SECRETARY FOR THE CIVIL SERVICE MR JOHN LEE KA-CHIU, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 7830 LEGISLATIVE COUNCIL ─ 27 April 2016 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. Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulation 2016 .............................. 47/2016 Merchant Shipping (Local Vessels) (Amount of Insurance Cover) (Amendment) Notice 2016 ........................ 48/2016 Other Papers No. 84 ─ Qualifications Framework Fund Financial statements for the period from 31 July 2014 to 31 August 2015 No. 85 ─ Research Endowment Fund Financial statements for the year ended 31 August 2015 No. 86 ─ Employees' Compensation Insurance Levies Management Board Annual Report 2014/2015 No. 87 ─ Employees Compensation Assistance Fund Board Annual Report 2014-2015 LEGISLATIVE COUNCIL ─ 27 April 2016 7831 No. 88 ─ Occupational Deafness Compensation Board Annual Report 2014/2015 No. 89 ─ Pneumoconiosis Compensation Fund Board Annual Report 2014 No. 90 ─ Pneumoconiosis Ex Gratia Fund Annual Report for the year from 1 April 2014 to 31 March 2015 Report of the Bills Committee on Kai Tak Cruise Terminal Bill WRITTEN ANSWERS TO QUESTIONS Measures to Combat Mainland Fishing Vessels Illegally Entering and Fishing in Hong Kong Waters 1. MR ALBERT CHAN (in Chinese): President, in reply to my question raised at the Legislative Council meeting of 13 May 2009 in respect of curbing Mainland fishing vessels illegally entering and fishing in Hong Kong waters, the Government indicated that the existing legislation had been effective in combating the illegal fishing activities concerned, and that the departments concerned would continue to enforce the law stringently as well as enhance their communication and co-operation with the Mainland authorities so as to combat such illegal activities. However, I have recently received complaints from quite a number of members of the public, claiming that the situation of Mainland fishing vessels entering and fishing illegally in Hong Kong waters (particularly the waters south of Lantau) remains serious and has been deteriorating in recent years. In this connection, will the Government inform this Council: (1) of last year's manning scale of Marine Police officers patrolling the waters south of Lantau (covering the waters near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau); (2) of the number of Mainland fishing vessels intercepted for suspected illegal fishing and the number of Mainland fishermen involved, as well as the respective numbers of persons prosecuted and convicted for illegal fishing, in each of the past seven years; and 7832 LEGISLATIVE COUNCIL ─ 27 April 2016 (3) whether the authorities have, since 2009, allocated more resources than before for combating the aforesaid illegal fishing activities; if they have, of the details; if not, the reasons for that; whether they will consider allocating additional resources for law enforcement, improving the existing prosecution mechanism, raising the relevant penalties, or taking other measures, so as to further curb such activities, thereby safeguarding the rights and interests of local fishermen, and conserving Hong Kong's marine ecosystem; if they will, of the details; if not, the reasons for that? SECRETARY FOR SECURITY (in Chinese): President, having consulted the relevant bureaux and departments, I set out below my reply to Mr Albert CHAN's question: (1) Since early 2008, the waters south of Lantau (covering the areas near Tai A Chau, Siu A Chau, Peng Chau and Cheung Chau) have been patrolled daily on a 24-hour basis by two to three launches of the Marine Police, each manned by five to 19 officers. The Police will deploy additional launches to patrol in the area having regard to the circumstances and operational needs. (2) From 2009 to 2015, the number of Mainland fishing vessels suspected of illegal entry and the number of related prosecutions and convictions under the relevant statutory provisions are set out below: - In accordance with the Immigration Ordinance (Cap. 115), the Marine Police refused the entry of 293 Mainland fishing vessels and a total of 871 crew members. The Marine Police also intercepted 768 Mainland fishing vessels for illegal entry into Hong Kong waters and arrested 2 499 Mainland fishermen onboard. These people were all illegal immigrants and were repatriated to the Mainland. - The Agriculture, Fisheries and Conservation Department successfully made prosecution under the Marine Parks and Marine Reserves Regulation (Cap. 476A) in 22 cases involving Mainland fishermen for illegal operations in marine LEGISLATIVE COUNCIL ─ 27 April 2016 7833 parks in Hong Kong. Fifteen Mainland fishermen were sentenced to imprisonment from seven days to one month, suspended for one year, and seven others were fined ranging from $700 to $1,600. - The Agriculture, Fisheries and Conservation Department successfully made prosecution under the Fisheries Protection Ordinance (Cap. 171) in 22 cases involving 36 Mainland fishermen for illegal fishing activities in Hong Kong with the use or aid of vessels. Of the convicted Mainland fishermen, 13 were fined ranging from $200 to $10,000, and another 23 were sentenced to imprisonment from one day to one month (some of whom were given suspended sentences).
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