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LEGISLATIVE COUNCIL ― 28 April 2021 5207 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 28 April 2021 The Council met at thirty-two minutes past Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.M., G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.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. THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. 5208 LEGISLATIVE COUNCIL ― 28 April 2021 THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, G.B.S., J.P. THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.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 JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. LEGISLATIVE COUNCIL ― 28 April 2021 5209 THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE CHEUNG KWOK-KWAN, J.P. 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 VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE PAUL CHAN MO-PO, G.B.M., G.B.S., M.H., J.P. FINANCIAL SECRETARY THE HONOURABLE TERESA CHENG YEUK-WAH, G.B.S., S.C., J.P. SECRETARY FOR JUSTICE THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT 5210 LEGISLATIVE COUNCIL ― 28 April 2021 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 THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE ALFRED SIT WING-HANG, J.P. SECRETARY FOR INNOVATION AND TECHNOLOGY THE HONOURABLE ERICK TSANG KWOK-WAI, I.D.S.M., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE CASPAR TSUI YING-WAI, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE CHRISTOPHER HUI CHING-YU, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY LEGISLATIVE COUNCIL ― 28 April 2021 5211 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MS DORA WAI, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS MIRANDA HON, ASSISTANT SECRETARY GENERAL 5212 LEGISLATIVE COUNCIL ― 28 April 2021 PRESIDENT (in Cantonese): The third Budget meeting now commences. LAYING OF PAPERS ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation Legal Notice No. Prevention and Control of Disease (Requirements and Directions) (Business and Premises) (Amendment) (No. 2) Regulation 2021 ............. 52 of 2021 Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) (No. 3) Regulation 2021 ................................................. 53 of 2021 Other Papers Report No. 76 of the Director of Audit on the results of value for money audits―March 2021 Hong Kong Rotary Club Students' Loan Fund Financial Statements for the year ended 31 August 2020 (including Report of the Director of Audit) Sing Tao Charitable Foundation Students' Loan Fund Financial Statements for the year ended 31 August 2020 (including Report of the Director of Audit) Research Endowment Fund Financial Statements for the year ended 31 August 2020 (including Report of the Director of Audit) Report of the Bills Committee on Employees' Compensation (Amendment) Bill 2021 LEGISLATIVE COUNCIL ― 28 April 2021 5213 Report of the Bills Committee on Immigration (Amendment) Bill 2020 Report of the Bills Committee on Road Traffic (Amendment) Bill 2021 Report of the Bills Committee on Inland Revenue (Amendment) (Tax Concessions for Carried Interest) Bill 2021 WRITTEN ANSWERS TO QUESTIONS Allocation mechanism of ward offices under Housing Department 1. MR STEVEN HO (in Chinese): President, at present, Legislative Council ("LegCo") Members and District Council ("DC") members may apply for leasing flats in housing estates and courts under the Housing Department ("HD") for use as members' offices ("ward offices"). Under the current mechanism, HD allocates ward offices according to the following four categories of priority: DC member returned by the DC constituency in which the flat is located, other DC members of the DC district in which the flat is located, LegCo Members returned by the LegCo geographical constituency in which the flat is located ("directly elected Members"), and LegCo Members returned by LegCo functional constituencies ("Members returned by FCs"). DC members may lease one ward office with a maximum area of 35 square metres, and LegCo Members may lease multiple ward offices with an aggregate area not exceeding 140 square metres. In December 2019, the Office of The Ombudsman ("the Office") released a direct investigation report entitled Allocation Mechanism of Ward Offices under Housing Department ("the Report"), which pointed out the deficiencies of the allocation mechanism. For example, when a vacant ward office is available for application, a directly elected Member who has successfully leased another ward office in the district still enjoys priority over a Member returned by FC who has not been allocated any ward office. Regarding the allocation mechanism of ward offices, will the Government inform this Council: (1) as the Report showed that the leasing rate of ward offices exceeded 96% as at 31 May 2019, of (i) the number of ward offices leased to the Member who had leased the most ward offices then, and (ii) whether all ward offices were then leased out without competition; 5214 LEGISLATIVE COUNCIL ― 28 April 2021 (2) as it was stated in the Report that HD had sought views separately from Members of different political parties on the proposal of priority allocation of ward offices to those Members who had not been allocated any ward office, but quite a number of Members have relayed to me that HD staff have never sought their views, of the details of the views collection exercise (including the dates on which views were sought, the number of Members of each priority category from whom views were sought, and the information provided to these Members); (3) given that HD assigns the lowest allocation priority to Members returned by FCs on grounds that there is no restriction on constituencies for such Members when they apply for leasing ward offices, and that they have the most choices and may lease multiple offices, but there have been views that there is a need for some Members returned by FCs to maintain close contact with members of the public in certain districts, and yet HD may not have ward offices available for lease in such districts that meet the requirements, whether HD will review the allocation priority of such Members; (4) although the Report stated that upon commencement of the last term of DCs and the current term of LegCo, the success rate of Members returned by FCs (who belong to the fourth priority category) being allocated ward offices was higher than those of the second and third priority categories, there have been views that such situation was only due to the lower proportion of Members returned by FCs applying for allocation of ward offices (i.e. 12 Members out of 35), whether the Government has gained an understanding as to whether the relatively small number of Members of that priority category applying for allocation of ward offices was due to their being accorded the lowest allocation priority and the poor quality of the remaining ward offices available for them to choose; and (5) given that in the light of the recommendations of the Office, HD has revised the arrangements for leasing ward offices to Members under joint tenancies by categorizing joint tenants of ward offices into primary and secondary tenants, and stipulated that if the primary tenant is not re-elected or terminates the tenancy before it expires, the secondary tenant may retain the ward office until the end of his/her term provided that the aggregate area of the ward offices LEGISLATIVE COUNCIL ― 28 April 2021 5215 leased to him/her does not exceed his/her maximum entitlement, whether the Government has studied if such practice will reduce the chance of Members returned by FCs to apply for a ward office successfully? SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, my consolidated reply to the question raised by Mr Steven HO is as follows: The Hong Kong Housing Authority ("HA") has all along been leasing, as far as practicable, suitable non-domestic premises in its public housing estates ("PHEs") to District Councilors ("DCs") and Legislative Councilors ("LCs") as ward offices for them to serve and keep in touch with the residents during their term of office.
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