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OFFICIAL RECORD of PROCEEDINGS Wednesday, 9 LEGISLATIVE COUNCIL ― 9 January 2019 4547 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 9 January 2019 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 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. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 4548 LEGISLATIVE COUNCIL ― 9 January 2019 THE HONOURABLE CLAUDIA MO 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 DR THE HONOURABLE HELENA WONG PIK-WAN DR THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. LEGISLATIVE COUNCIL ― 9 January 2019 4549 THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.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, J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HO KAI-MING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI THE HONOURABLE SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE CHEUNG KWOK-KWAN, J.P. 4550 LEGISLATIVE COUNCIL ― 9 January 2019 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 GARY FAN KWOK-WAI THE HONOURABLE AU NOK-HIN THE HONOURABLE VINCENT CHENG WING-SHUN, M.H. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBERS ABSENT: THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE IP KIN-YUEN THE HONOURABLE LAM CHEUK-TING THE HONOURABLE TANYA CHAN THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO LEGISLATIVE COUNCIL ― 9 January 2019 4551 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY 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 DR CHUI TAK-YI, J.P. UNDER SECRETARY FOR FOOD AND HEALTH, AND SECRETARY FOR FOOD AND HEALTH THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR LIU CHUN-SAN, J.P. UNDER SECRETARY FOR DEVELOPMENT 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 4552 LEGISLATIVE COUNCIL ― 9 January 2019 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) PRESIDENT (in Cantonese): Good morning, this is our first meeting in 2019. I wish Members all well and officials good answers to all questions. 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. Declaration of Constituencies (District Councils) Order 2018 ........................................................................ 263/2018 Exemption from Profits Tax (People's Bank of China Debt Instrument) Order ................................................... 267/2018 Dutiable Commodities (Amendment) Regulation 2019 .... 1/2019 Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) (Amendment) (No. 2) Regulation 2018 (Amendment) Regulation 2019 ........................................................................ 2/2019 Pharmacy and Poisons (Amendment) Regulation 2019 .... 3/2019 Other Paper Report No. 8/18-19 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments LEGISLATIVE COUNCIL ― 9 January 2019 4553 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Methods for selecting the Chief Executive in 2022 and for forming the Legislative Council in 2020 1. MR JAMES TO (in Cantonese): President, the General Secretary of the Central Committee of the Communist Party of China ("CPC") pointed out in a report delivered at the 19th CPC National Congress that well-ordered steps must be taken to advance democracy in Hong Kong SAR. Besides, Articles 45 and 68 of the Basic Law stipulate that the ultimate aim of selecting the Chief Executive ("CE") and electing all the members of the Legislative Council ("LegCo") by universal suffrage ("dual universal suffrage") shall be achieved in the light of the actual situation in Hong Kong SAR and in accordance with the principle of gradual and orderly progress. In December 2013, which was 33 months away from the general election for the Sixth LegCo, the Government launched public consultations on the methods for selecting CE in 2017 and for forming LegCo in 2016. Given that the general election for the Seventh LegCo is only 20 months away from now, will the Government inform this Council: (1) whether it will consider afresh launching expeditiously public consultations on the methods for selecting CE in 2022 and for forming LegCo in 2020, as well as commencing the "Five-step Process"; if so, whether it has assessed if there is sufficient time for the relevant work to be taken; if it will not, whether it has assessed if this will run counter to the spirit of the aforesaid remarks and to the ultimate aim of dual universal suffrage being achieved in Hong Kong SAR as stipulated in the Basic Law; and (2) whether CE, during her duty visit to Beijing on the 17th of last month, discussed with leaders of the Central Authorities issues relating to constitutional reform of Hong Kong SAR; if so, of the details; if not, the reasons for that? 4554 LEGISLATIVE COUNCIL ― 9 January 2019 SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): President, Article 45 of the Basic Law stipulates that the method for selecting the Chief Executive of the Hong Kong Special Administrative Region ("HKSAR") shall be specified in the light of the actual situation in HKSAR and in accordance with the principle of gradual and orderly progress, and that the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures. Article 68 of the Basic Law stipulates that the method for forming the Legislative Council shall be specified in the light of the actual situation in HKSAR and in accordance with the principle of gradual and orderly progress, and that the ultimate aim is the election of all the members of the Legislative Council by universal suffrage. According to "The Interpretation by the Standing Committee of the National People's Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" ("the Interpretation") adopted on 6 April 2004, a "Five-step Process" must be followed if there is a need to amend the methods prescribed in the Annexes to the Basic Law for selecting the Chief Executive and forming the Legislative Council. The five steps are: the Chief Executive to make a report to the Standing Committee of the National People's Congress ("NPCSC") on whether any amendment is necessary; NPCSC to make a determination on whether to make any amendment based on Articles 45 and 68 of the Basic Law in the light of the actual situation in HKSAR and in accordance with the principle of gradual and orderly progress; the amendment to be passed by a two-thirds majority of all Legislative Council Members; the Chief Executive to grant his/her consent; and a report to be made to NPCSC for approval or for the record. Since the establishment of HKSAR, the methods for selecting the Chief Executive and for forming the Legislative Council have been developing towards the ultimate aim of universal suffrage in a gradual and orderly manner and in light of the actual situation of HKSAR as stipulated in the Basic Law.
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