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OFFICIAL RECORD of PROCEEDINGS Wednesday, 18 LEGISLATIVE COUNCIL ― 18 October 2017 161 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 18 October 2017 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 LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. 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. 162 LEGISLATIVE COUNCIL ― 18 October 2017 THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO 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 CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, 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 LEGISLATIVE COUNCIL ― 18 October 2017 163 DR THE HONOURABLE HELENA WONG PIK-WAN DR THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. 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, 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 164 LEGISLATIVE COUNCIL ― 18 October 2017 THE HONOURABLE CHAN CHUN-YING THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG 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 KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO MEMBER ABSENT: THE HONOURABLE IP KIN-YUEN PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING LEGISLATIVE COUNCIL ― 18 October 2017 165 PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR RAYMOND SO WAI-MAN, B.B.S., J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING 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 166 LEGISLATIVE COUNCIL ― 18 October 2017 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 No. Waterworks (Amendment) (No. 2) Regulation 2017 ............................................. L.N. 165/2017 Air Pollution Control (Volatile Organic Compounds) (Amendment) Regulation 2017 ...................... L.N. 166/2017 Pharmacy and Poisons (Amendment) (No. 5) Regulation 2017 ............................................. L.N. 167/2017 Telecommunications (Level of Spectrum Utilization Fee) (Fixed and Other Links) Regulation ...................................................... L.N. 168/2017 Telecommunications (Designation of Frequency Bands subject to Payment of Spectrum Utilization Fee) (Amendment) Order 2017 ..... L.N. 169/2017 Antiquities and Monuments (Declaration of Monuments and Historical Buildings) (Consolidation) (Amendment) Notice 2017 ... L.N. 170/2017 Seventh Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences ......................................... S.S. No. 5 to Gazette No. 41/2017 LEGISLATIVE COUNCIL ― 18 October 2017 167 Other Papers No. 1 ― Fish Marketing Organization Financial Statements and Independent Auditor's Report for the year ended 31 March 2017 No. 2 ― Vegetable Marketing Organization Financial Statements and Independent Auditor's Report for the year ended 31 March 2017 No. 3 ― Marine Fish Scholarship Fund Report, Financial Statements and Independent Auditor's Report for the period from 1 April 2016 to 31 March 2017 No. 4 ― Agricultural Products Scholarship Fund Report, Financial Statements and Independent Auditor's Report for the period from 1 April 2016 to 31 March 2017 No. 5 ― Companies Registry Trading Fund Annual Report 2016-17 No. 6 ― Report of changes made to the approved Estimates of Expenditure during the first quarter of 2017-18 Public Finance Ordinance : Section 8 No. 7 ― The Government Minute in response to the Report of the Public Accounts Committee No. 68 of July 2017 No. 8 ― Protection of Wages on Insolvency Fund Board Annual Report 2016-17 No. 9 ― Urban Renewal Authority Annual Report 2016-17 No. 10 ― West Kowloon Cultural District Authority Annual Report 2016/17 Report No. 2/17-18 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments 168 LEGISLATIVE COUNCIL ― 18 October 2017 ADDRESS PRESIDENT (in Cantonese): Address. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the Report of the Public Accounts Committee No. 68". The Government Minute in response to the Report of the Public Accounts Committee No. 68 of July 2017 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, laid on the table today is the Government Minute responding to Report No. 68 of the Public Accounts Committee ("PAC"). First of all, I welcome the submission of Report No. 68 by the Chairman of PAC to the Legislative Council on 12 July, which embodies the conclusion and recommendations on the chapter of "Monitoring of charitable fund-raising activities" in the Audit Report. I am also grateful to the Chairman and Members of PAC for their time and effort devoted to investigating this subject. We accept PAC's various recommendations and have set out in detail the specific responses of the relevant bureaux and departments ("B/Ds") in the Government Minute. Today, I would like to briefly address the two major concerns of PAC. The Law Reform Commission ("LRC") published in 2013 its Report on Charities in which a series of recommendations were made to enhance the transparency and accountability of charities, including those on the monitoring of charitable fund-raising activities. The recommendations have far-reaching implications on the operation and development of charities in Hong Kong and the issues involved are very complicated. For example, LRC pointed out in its Report that as no consensus in the community had been reached on the establishment of a single independent regulatory authority on charities and some people might even have concerns about the proposal, it therefore suggested that an independent charity commission should not be set up at this stage, but the definition of charitable purpose should be provided and a registration system for charities be established where the register should be coordinated and maintained by a single government department. However, the implementation of LRC's recommendation for a regulatory framework in the absence of a single regulatory authority is a highly complicated issue. The Government needs to take into consideration the views and feedback LEGISLATIVE COUNCIL ― 18 October 2017 169 of the public and various stakeholders, including charitable organizations of different types. As the recommendations made by LRC are related to the duties of a number of B/Ds, the Home Affairs Bureau is responsible for coordinating inputs from relevant B/Ds, so as to produce a response to LRC's recommendations as soon as possible for the Government's overall consideration. Meanwhile, the Government notes the concerns in the community over the accountability of charities, in particular that of charitable fund-raising activities. The Home Affairs Bureau is coordinating with relevant departments to explore feasible administrative measures by making reference to the recommendations in the LRC Report, the Audit Report and the PAC Report, with a view to enhancing the transparency of charitable fund-raising activities and safeguarding the rights and interests of donors. Among others, administrative measures under consideration include disclosing financial information on fund-raising activities granted with a licence or a permit to protect the public's right to know, examining the introduction of a one-stop service to facilitate applications from charities for the organization of fund-raising activities and enhancing the "1823" hotline and the charitable fund-raising activities web page on the "GovHK" portal to facilitate the public to access the relevant information or lodge complaints.
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