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LEGISLATIVE COUNCIL ─ 27 January 1999 4881 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 27 January 1999 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN, G.B.S., J.P. THE HONOURABLE KENNETH TING WOO-SHOU, J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, J.P. THE HONOURABLE DAVID CHU YU-LIN THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE EDWARD HO SING-TIN, J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE MICHAEL HO MUN-KA DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P. THE HONOURABLE LEE WING-TAT THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE ERIC LI KA-CHEUNG, J.P. 4882 LEGISLATIVE COUNCIL ─ 27 January 1999 THE HONOURABLE LEE KAI-MING, J.P. THE HONOURABLE FRED LI WAH-MING DR THE HONOURABLE LUI MING-WAH, J.P. THE HONOURABLE NG LEUNG-SING PROF THE HONOURABLE NG CHING-FAI THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, J.P. THE HONOURABLE RONALD ARCULLI, J.P. THE HONOURABLE MA FUNG-KWOK THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE HUI CHEUNG-CHING THE HONOURABLE CHRISTINE LOH THE HONOURABLE CHAN KWOK-KEUNG THE HONOURABLE CHAN YUEN-HAN THE HONOURABLE BERNARD CHAN THE HONOURABLE CHAN WING-CHAN THE HONOURABLE CHAN KAM-LAM DR THE HONOURABLE LEONG CHE-HUNG, J.P. LEGISLATIVE COUNCIL ─ 27 January 1999 4883 THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE GARY CHENG KAI-NAM THE HONOURABLE SIN CHUNG-KAI THE HONOURABLE ANDREW WONG WANG-FAT, J.P. THE HONOURABLE WONG YUNG-KAN THE HONOURABLE JASPER TSANG YOK-SING, J.P. THE HONOURABLE HOWARD YOUNG, J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE YEUNG YIU-CHUNG THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH THE HONOURABLE LAU WONG-FAT, G.B.S., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P. THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE CHOY SO-YUK THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE SZETO WAH THE HONOURABLE TIMOTHY FOK TSUN-TING, J.P. 4884 LEGISLATIVE COUNCIL ─ 27 January 1999 THE HONOURABLE LAW CHI-KWONG, J.P. THE HONOURABLE TAM YIU-CHUNG, J.P. THE HONOURABLE FUNG CHI-KIN DR THE HONOURABLE TANG SIU-TONG, J.P. MEMBERS ABSENT: THE HONOURABLE HO SAI-CHU, J.P. DR THE HONOURABLE DAVID LI KWOK-PO, J.P. THE HONOURABLE AMBROSE CHEUNG WING-SUM, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS ANSON CHAN, J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE DONALD TSANG YAM-KUEN, J.P. THE FINANCIAL SECRETARY THE HONOURABLE ELSIE LEUNG OI-SIE, J.P. THE SECRETARY FOR JUSTICE MR GORDON SIU KWING -CHUE, J.P. SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS MRS KATHERINE FOK LO SHIU-CHING, J.P. SECRETARY FOR HEALTH AND WELFARE LEGISLATIVE COUNCIL ─ 27 January 1999 4885 MR JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR EDUCATION AND MANPOWER MR KWONG KI-CHI, G.B.S., J.P. SECRETARY FOR INFORMATION TECHNOLOGY AND BROADCASTING MISS DENISE YUE CHUNG-YEE, J.P. SECRETARY FOR THE TREASURY MR STEPHEN IP SHU-KWAN, J.P. SECRETARY FOR ECONOMIC SERVICES MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR SECURITY MISS YVONNE CHOI YING-PIK, J.P. SECRETARY FOR TRADE AND INDUSTRY CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MR LAW KAM-SANG, J.P., DEPUTY SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 4886 LEGISLATIVE COUNCIL ─ 27 January 1999 PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation L.N. No. Fisheries Protection (Amendment) Regulation 1999 ..... 15/99 Prevention of Bribery Ordinance (Amendment of Schedule) Order 1999.................................. 16/99 Electricity Ordinance (Cap. 406) (Commencement) Notice 1999.............................................. 19/99 Electrical Products (Safety) Regulation (Cap. 406 Sub. Leg.) (Commencement) Notice 1999 ......... 20/99 Sessional Paper No. 86 ─ Report of changes to the approved Estimates of Expenditure approved during the second quarter of 1998-99 Public Finance Ordinance : Section 8 Reports Report of the Bills Committee on Immigration (Amendment) (No. 2) Bill 1998 Report of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues LEGISLATIVE COUNCIL ─ 27 January 1999 4887 ADDRESS PRESIDENT (in Cantonese): Address. The Honourable Mrs Selina CHOW will address the Council on the Report of Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues. Report of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues MRS SELINA CHOW (in Cantonese): Madam President, in my capacity as Chairman of the Select Committee, I submit the Committee's report to the Legislative Council on behalf of the Select Committee to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues. The chaos that took place when the new Hong Kong International Airport at Chek Lap Kok was commissioned on 6 July 1998 aroused grave public concern. The extensive coverage given to it by local and overseas media has even caused Hong Kong's image to be tarnished. Members of this Council were shocked by the incident and earnesly wanted to get at the causes of the chaos to allow the public to know the truth about what has happened. This Council resolved on 29 July 1998 that this Select Committee be appointed to inquire into the circumstances leading to the problems surrounding the commencement of the operation of the new Hong Kong International Airport at Chek Lap Kok since 6 July 1998 and related issues. In the performance of its duties, the Select Committee was authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of the said Ordinance, empowering the Select Committee to summon witnesses before it to give evidence and produce documents. 4888 LEGISLATIVE COUNCIL ─ 27 January 1999 On the same day, the Council President appointed me, Dr Raymond HO and 11 other Members to be the Chairman, Deputy Chairman and members respectively of the Select Committee. Within the six months from 30 July 1998 to 24 January 1999, the Select Committee held 31 public hearings to receive evidence from 27 witnesses and scrutinized voluminous documents from 18 related organizations. In the same period, the Select Committee also held one public meeting and 60 closed meetings to review the progress of the inquiry, examine the evidence collected and draft the report. The Select Committee also visited the passenger terminal building of the new airport and Super Terminal One on 18 September 1998 to acquire a better understanding of the issue. In conducting the inquiry, the Select Committee has followed the procedures stipulated in Rules 78 and 79 of the Legislative Council Rules of Procedure. It has also made reference to procedures and practices adopted by the committees of the former Legislative Council in conducting inquiries under the Legislative Council (Powers and Privileges) Ordinance (Cap. 382). In deciding on the inquiry procedures the Select Committee was mindful of the need to be fair and to be seen to be fair to all parties whose interests or reputation concerned may be affected by the proceedings. When the Select Committee began the inquiry, it reckoned that the key question: Was the new airport ready to open on 6 July 1998? Therefore the Select Committee first focused its inquiry on how and why 6 July 1998 was chosen as the opening date of the new airport. The findings of the Select Committee on this point are contained in paragraph A of Chapter 4 in Volume I of our report. Next the Select Committee looked into the causes for the chaos that took place at the initial period following the commissioning of the new airport, including the two main issues of flight information display system (FIDS) and HACTL. The findings of our inquiry are in paragraphs B and C of Chapter 4 in Volume I of our report. As for other problems encountered on the opening day, for example, the baggage handling system, the findings are in Chapter 5 in Volume I of our report. LEGISLATIVE COUNCIL ─ 27 January 1999 4889 In addition, the Select Committee also inquired into three aspects, namely airport security, noise under the fight paths and the overall economic loss caused to Hong Kong. Such findings are in Chapter 6 in Volume I of our report. After six months of in-depth investigation and having examined all the evidence concerned, the Select Committee has come to the following conclusions: First, most of the problems that took place on the commissioning day on 6 July 1998 were clearly foreseeable. Second, the new Airport was overall not ready for operation on that day. The problems with FIDS and HACTL, in particular, were not teething problems. They have sufficiently shown that the two critical items were not ready on that day.