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Official Record of Proceedings LEGISLATIVE COUNCIL ─ 9 October 2013 1 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 9 October 2013 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, 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 DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. 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, S.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. 2 LEGISLATIVE COUNCIL ─ 9 October 2013 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. 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 RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN 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, B.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. LEGISLATIVE COUNCIL ─ 9 October 2013 3 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 THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN 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. 4 LEGISLATIVE COUNCIL ─ 9 October 2013 THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, J.P. 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, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.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 LEGISLATIVE COUNCIL ─ 9 October 2013 5 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING MS FLORENCE HUI HIU-FAI, S.B.S., J.P. SECRETARY FOR HOME AFFAIRS PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY 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 DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 6 LEGISLATIVE COUNCIL ─ 9 October 2013 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. Fugitive Offenders (Finland) Order (Commencement) Notice ................................................................. 140/2013 Pilotage (Amendment) Regulation 2013 ............................ 142/2013 Pilotage (Amendment) Ordinance 2013 (Commencement) Notice ..................................................................... 143/2013 Post Office (Amendment) Regulation 2013 ....................... 147/2013 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Guernsey) Order ................................................... 148/2013 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Italian Republic) Order ......................................... 149/2013 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (State of Qatar) Order ............................................ 150/2013 Other Papers No. 1 ─ Protection of Wages on Insolvency Fund Board Annual Report 2012-13 No. 2 ─ Urban Renewal Authority Annual Report 2012-2013 LEGISLATIVE COUNCIL ─ 9 October 2013 7 No. 3 ─ Fish Marketing Organization Financial statements for the year ended 31 March 2013 No. 4 ─ Vegetable Marketing Organization Financial statements for the year ended 31 March 2013 No. 5 ─ Marine Fish Scholarship Fund Report for the period from 1 April 2012 to 31 March 2013 No. 6 ─ Agricultural Products Scholarship Fund Report for the period from 1 April 2012 to 31 March 2013 PRESIDENT (in Cantonese): I am glad to see Members back. Starting from this Session, the provision of simultaneous Putonghua interpretation service will be extended to all Legislative Council meetings. In addition, since January this year, regular simultaneous sign language interpretation service has also been provided to all Legislative Council meetings and this arrangement will continue. ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. In accordance with rule 9A of the House Rules, the time taken by each oral question should not exceed 22 minutes in total. After a Member has asked a main question and the relevant public officer has replied, the Member who asks the question has priority to ask the first supplementary question. Other Members who wish to ask supplementary questions may indicate their wish by pressing the "Request to speak" button and wait for their turn. Members may raise only one question in asking supplementary questions. These questions should be as concise as possible so that more Members can ask supplementary questions. Members should not make arguments when asking supplementary questions. PRESIDENT (in Cantonese): First question 8 LEGISLATIVE COUNCIL ─ 9 October 2013 Review of Use of Military Sites 1. MR FREDERICK FUNG (in Cantonese): It has been reported that military sites in Hong Kong have a total area of 2 700 hectares and some of them are not actually put to any military uses, and have even been left idle for a long time. It has been learnt that the Shek Kong airfield as a military site has a low utilization rate but lands in its periphery are subject to building height restrictions to avoid obstruction to the landing or taking off of military aircraft, resulting in the lands not being put to optimal use. There are also comments that certain military sites situated in the urban areas are suitable for public use such as public housing construction, and so on. Meanwhile, Article 13 of the Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region provides that "any land used by the Hong Kong Garrison for military purposes, when approved by the Central People's Government to be no longer needed for defence purposes, shall be turned over without compensation to the Government of the Hong Kong Special Administrative Region for disposal", and "if the Government of the Hong Kong Special Administrative Region needs for public use any part of the land used for military purposes by the Hong Kong Garrison, it shall seek approval of the Central People's Government; where approval is obtained, the Government of the Hong Kong Special Administrative Region shall make reprovision of land and military facilities for the Hong Kong Garrison at such sites as agreed to by the Central People's Government, and shall bear all the expenses and costs entailed". In this connection, will the Government inform this Council: (a) of the distribution of military sites and their respective areas; whether it knows the utilization rates of the military sites, and the use of those situated in urban areas and reportedly left idle for a long time (for example, the Kowloon East Barracks and the Gun Club Hill Barracks); (b) whether the authorities will consider discussing with the Hong Kong Garrison the optimization of the flight paths of the airspace in the vicinity of the Shek Kong airfield so that the building height restrictions on the lands nearby can be relaxed to enable more effective use of such lands; if not, of the reasons for that; and (c) whether the authorities will raise with the Central People's Government the turning over to the SAR Government without LEGISLATIVE COUNCIL ─ 9 October 2013 9 compensation those military sites left idle for a long time, with low utilization rates and suitable for public use, or the reprovisioning of those military sites at alternative sites; if not, of the reasons for that? SECRETARY FOR SECURITY (in Cantonese): President, I have consulted the Development Bureau and my reply is as follows: (a) Article 14 of the Basic Law provides that the Central People's Government (CPG) shall be responsible for the defence of the Hong Kong Special Administrative Region (HKSAR).
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