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OFFICIAL RECORD of PROCEEDINGS Thursday, 21 March 2019 the Council Continued to Meet at Nine O'clock

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OFFICIAL RECORD of PROCEEDINGS Thursday, 21 March 2019 the Council Continued to Meet at Nine O'clock LEGISLATIVE COUNCIL ― 21 March 2019 7741 OFFICIAL RECORD OF PROCEEDINGS Thursday, 21 March 2019 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG 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 PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO 7742 LEGISLATIVE COUNCIL ― 21 March 2019 THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. 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 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 CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. LEGISLATIVE COUNCIL ― 21 March 2019 7743 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 LAM CHEUK-TING 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. 7744 LEGISLATIVE COUNCIL ― 21 March 2019 THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO 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 JAMES TO KUN-SUN THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE TANYA CHAN THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. LEGISLATIVE COUNCIL ― 21 March 2019 7745 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY MR SONNY AU CHI-KWONG, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 7746 LEGISLATIVE COUNCIL ― 21 March 2019 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Good Morning. Debate on motion with no legislative effect. Motion on "Reforming the immigration and admission policies". Members who wish to speak please press the "Request to speak" button. I call upon Mr Gary FAN to speak and move the motion. MOTION ON "REFORMING THE IMMIGRATION AND ADMISSION POLICIES" MR GARY FAN (in Cantonese): President, I move that my motion be passed. President, during the peak season of influenza in January this year, wards of public hospitals were all occupied and frontline health care workers were facing immense work pressure. The situation was so intolerable that they started to make a rallying cry to the Government by requesting the Government to halt the daily quota of 150 One-way Permits ("OWPs"). Some doctors said frankly that if the Government failed to suspend the approval of these OWPs, the addition of resources could never help to resolve the problem of overcrowding in wards. The rallying cry of health care workers is perhaps a timely reminder to Hong Kong people, which reminds us not to evade the question of immigration policy. We should face the root of the problem squarely. The problem is highly relevant to Hong Kong's population policies. It is because non-local born immigrants are one of the major sources of Hong Kong's population growth. Many Hong Kong people consider that Hong Kong has gone beyond its capacity and therefore it cannot accept non-local population anymore. The public demand the SAR Government to reform its immigration policy so that Hong Kong can regain control of its autonomy in deciding its population policies. Today's debate topic is a timely one. I understand that different people have their own strong views as five Members have put forward their amendments. For this reason, I urge my colleagues to take this opportunity to listen and respond to the aspirations of Hong Kong people. President, Hong Kong is like a severely overloaded vessel: the more people it carries, the more likely it will sink. LEGISLATIVE COUNCIL ― 21 March 2019 7747 I have made seven proposals in my original motion. They can be summarized in three major directions: to stop the queue, to take back the vetting and approval power and to combat immigration frauds. I have summed up views proposed by my colleagues, the academia and local groups, as well as reports put forward by the Research Office of the Legislative Council Secretariat in these three directions, with a view to finding a practical and realistic way out for Hong Kong people in its demographic planning. The first is "to stop the queue". It means that we cannot afford to accept interminable influx of immigrants. The full vetting and approval power is a prerequisite. The problem with the current OWP system is that the entire vetting and approval process is undertaken by public security authorities of various Mainland provinces and municipalities. Except for applicants for the Certificate of Entitlement, the eligibility of all other OWP holders is solely determined by Mainland authorities. Hong Kong is in a passive position as far as accepting them as new immigrants is concerned. Hong Kong has all along lacked an unequivocal index for its population policies, not to mention the full execution capabilities. In addition, Mainland authorities do not require applicants to go through any integrity, medical or financial examination under the Mainland's points system. Therefore, Mainlanders with severe criminal record may emigrate from the Mainland to Hong Kong under the OWP system. In this respect, the Hong Kong SAR has lost totally to the Mainland provinces and municipalities, which can exercise full control on non-local new arrivals and household registration. The fact that the SAR Government cannot get hold of the vetting and approval power will give rise to corruption and bribery activities of Mainland officials. In 2016, Secretary of the Political and Legal Affairs Commission of Hebei Province was found selling OWPs, with a price tag of each OWP at HK$1.5 million to HK$2 million. The Immigration Department announced in September 2018 the cracking down of a criminal syndicate engaging in cross-boundary bogus marriages. The syndicate alone had processed at least 66 bogus marriages and collected from each Mainlander a handling charge of HK$70,000 to HK$100,000. The total amount involved was around RMB5.7 million. The illicit OWP trade reflects that OWP has become a shortcut for Mainlanders to emigrate to other places without the need of a means test. Besides, under the current system, the authorities need not examine the financial 7748 LEGISLATIVE COUNCIL ― 21 March 2019 background of the applicants. Since the SAR Government is not going to exercise the vetting and approval power, Mainland criminal syndicates and corrupted officials are taking its place to run this lucrative business. As a result, those who are rich enough to pay the price can get their OWPs faster than law-abiding applicants. For that reason, the first three proposals in my original motion, including "Hong Kong should exercise the full vetting and approval power". Hong Kong should make it on a par with the dependents system by incorporating the approval conditions on integrity and financial means, so as to prevent illegal intermediaries to gain profits. This will reduce Mainland's demand for OWPs, and gradually reduce the OWP quota from 150 per day by half to 75 and achieve the "stop the queue" effect. The vetting and approval power and the combat on immigration frauds will enable the Government to make adjustment autonomously so that the local capacity can be adjusted to cope with the new arrivals, and then public resources can be distributed according to the principle of "putting Hong Kong people first", with a view to addressing Hong Kong people's needs.
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