LEGISLATIVE COUNCIL ─ 1 February 2013 6109
OFFICIAL RECORD OF PROCEEDINGS
Friday, 1 February 2013
The Council continued to meet at Nine 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, S.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.
THE HONOURABLE WONG KWOK-HING, M.H. 6110 LEGISLATIVE COUNCIL ─ 1 February 2013
DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P.
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, 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.
THE HONOURABLE ALAN LEONG KAH-KIT, S.C.
THE HONOURABLE LEUNG KWOK-HUNG
THE HONOURABLE ALBERT CHAN WAI-YIP
THE HONOURABLE WONG YUK-MAN LEGISLATIVE COUNCIL ─ 1 February 2013 6111
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.
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 6112 LEGISLATIVE COUNCIL ─ 1 February 2013
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
PUBLIC OFFICERS ATTENDING:
THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION
THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY
THE HONOURABLE RIMSKY YUEN KWOK-KEUNG, S.C., J.P. THE SECRETARY FOR JUSTICE LEGISLATIVE COUNCIL ─ 1 February 2013 6113
PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING
THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS
THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE
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 RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY
THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION
THE HONOURABLE PAUL TANG KWOK-WAI, J.P. SECRETARY FOR THE CIVIL SERVICE
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
MS FLORENCE HUI HIU-FAI, J.P. UNDER SECRETARY FOR HOME AFFAIRS 6114 LEGISLATIVE COUNCIL ─ 1 February 2013
MR JOHN LEE KA-CHIU, P.D.S.M., P.M.S.M., J.P. UNDER SECRETARY FOR SECURITY
MS CHRISTINE LOH, J.P. UNDER SECRETARY FOR THE ENVIRONMENT
PROF SOPHIA CHAN SIU-CHEE UNDER SECRETARY FOR FOOD AND HEALTH
MR LAU KONG-WAH, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
CLERKS IN ATTENDANCE:
MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL
MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL
MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL
MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL
MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL
MRS PERCY MA, ASSISTANT SECRETARY GENERAL
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MEMBERS' MOTIONS
PRESIDENT (in Cantonese): Good morning. The Council now resumes, continuing the debates on poverty alleviation, welfare, population policy, education and manpower issues under the theme of the third debate session of the Motion of Thanks.
MOTION OF THANKS
Continuation of debate on motion which was moved on 30 January 2013
PRESIDENT (in Cantonese): Does any Member wish to speak?
(No Member indicated a wish to speak)
PRESIDENT (in Cantonese): If no Members wish to speak, the Member speaking session of this debate session will come to a close. As public officers have mentioned earlier that the meeting does not have to be suspended, I will call upon three public officers to speak.
CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President and Honourable Members, good morning. Over 30 Members spoke in this session yesterday, I would like to express my gratitude to them. Members offered many valuable opinions and suggestions on poverty alleviation, welfare, population policy, education and manpower. Of course there were inevitably a few criticisms. Later on the Secretary for Labour and Welfare and the Secretary for Education will response specifically. We will summarize the issues with a view to strengthening the effectiveness of our policies.
Chapter IV of the Policy Address is titled "A Caring Society and a Home to the People". The Hong Kong society as a whole is wealthy, yet I share the feelings of our fellow Members and deeply understand that many people are still living an impoverished life today. As mentioned by the Chief Executive in his Policy Address, taking into account the current economic structure and mode of social development in Hong Kong, a welfare policy underpinned by heavy 6116 LEGISLATIVE COUNCIL ─ 1 February 2013 taxation is not a viable option. That said, we will adhere to the policy philosophy of "a caring society" by utilizing public resources to take care of those who cannot provide for themselves, and strive to offer underprivileged people capable of working with opportunities to become self-reliant and improve their livelihood, so as to demonstrate social justice and fulfil the responsibility of a government.
Poverty alleviation is an issue of not only social welfare but also social justice. Indeed, Hon LEUNG Yiu-chung has interpreted the words of the Chief Executive, thinking that poverty alleviation is also a political issue. To me, owing to the people's concern on poverty alleviation and the importance attached, I believe that poverty alleviation is also an issue about the effective governance of the current-term Government.
I would like to take the opportunity of today's debate to report to Honourable Members two working areas relating to the development of Hong Kong, our home. They are the implementation of poverty alleviation efforts and the formulation of population policy for the territory.
We all know that poverty alleviation is one of the major policies of the current-term Government. As the Chief Executive considers that poverty alleviation can afford no delay, he has required us since the current-term Government has come into office to expeditiously kick start various poverty alleviation efforts, in accordance with his style of governance that focuses on "Addressing People's Pressing Needs". For instance, we announced back in mid-July that "Old Age Living Allowance" would be introduced to offer needy elderly people with an allowance of $2,200 per month. I am glad that the programme is in the pipeline, as the Director of Social Welfare announced yesterday the details for lodging application for the allowances, and the funds can be handed to the needy elderly people in April. Fellow Members may also notice that, unlike what Mr POON Siu-ping has mentioned as petty favours, the Old Age Living Allowance is a substantial poverty alleviation measure. Mr POON considers it more appropriate for us to alleviate poverty through formulating the right policy, instead of giving out too many petty favours. On this new measure of Old Age Living Allowance, the Government is going to spend on a recurrent expenditure amounted to more than $6 billion.
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Another poverty alleviation measure was also implemented early in his term of office, that was the enhancement of the "Transport Subsidy" scheme as an incentive to employment. With these poverty alleviation measures, it seems unfair to have this Policy Address commented by Mr Ronny TONG as indifferent to poverty, or even criticized it as violating the Confucius saying of "the problem is not with scarcity but with uneven distribution". Yet we understand that the society expects us to proceed more effectively and comprehensively on poverty alleviation. In this connection, the Commission on Poverty was re-established last month to review thoroughly the cause of poverty, as well as to formulate and implement relevant policies and measures to improve the livelihood of the people. I am pleased that the re-establishment of the Commission on Poverty is welcomed by Members of this Council.
The Commission on Poverty focuses on formulating policies on poverty alleviation, and this requires thorough consideration which takes time. However, we understand that the authorities need to implement related support measures at the same time. The first priority at this moment is to review the effectiveness of the current policies on poverty alleviation and to formulate new policies with a view to achieving poverty prevention and alleviation, preventing and reducing social exclusion, as well as to facilitating mobility among social classes.
The task forces under the Commission on Poverty will provide comprehensive assistance on poverty alleviation. The Community Care Fund Task Force and Social Innovation and Entrepreneurship Development Fund Task Force have the financial capacity to, if necessary, immediately roll out support programmes or pilot schemes conducive to poverty alleviation, so as to demonstrate through concrete actions whether certain kinds of Government interventions can effectively yield the desired results, further justifying any changes in policies in future. The Special Needs Groups Task Force will focus on studying the needs of particular social groups, such as persons with disabilities, ethnic minorities, single parents and new arrivals. Education, Employment & Training Task Force will strive to enhance the competence of the young generation to improve their upward social mobility. Indeed, I very much agree with the concern of Mr Christopher CHEUNG about working poverty among young people. Furthermore, the Societal Engagement Task Force will promote inter-sector collaboration among the Government, the commercial sector and the public, so as to further strengthen the efforts on poverty alleviation.
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The Commission on Poverty and the six task forces conducted a brainstorming session last Saturday, attended by almost 60 members, including a few Members of the Legislative Council who serve concurrently as members of the Commission on Poverty, to contemplate major efforts and specific measures to alleviate poverty in the future. I believe that, with our forces combined, and with the Chief Executive's promise to devote public resources on those who cannot provide for themselves, we will surely achieve results on such an important but challenging task as poverty alleviation.
One breakthrough of the Commission on Poverty is to set a "poverty line" taking into account the circumstances in Hong Kong, which is supported by fellow Members who have spoken.
Social Security and Retirement Protection Task Force which specializes in addressing the issue of poverty line has held the first meeting this Monday. The Task Force comprises many academic specialists, Members of the Legislative Council, as well as Oxfam and the Hong Kong Council of Social Service, which has conducted studies on poverty line previously. The Government will set the poverty line in a highly transparent and practical manner. Regarding Mr Albert HO's worry that we will intentionally bring down the poverty population when we consolidate the figures, I consider such worry as unnecessary.
Members of the Task Force unanimously agree to adopt the concept of "relative poverty" in setting the poverty line, and tend to set the main poverty line at half the median household income. Of course, setting the line using such a simple method has its limitations. For example, this may merely set a standard on the basis of household income without taking into account any assets possessed, or statistically there will always be some people who are categorized as poor. It is exactly because of these limitations that members of the Task Force generally consider that the poverty line cannot be linked directly with the eligibilities for various means tested social welfare programmes. In other words, setting a poverty line does not mean that the authorities should offer subsidies to every individuals or households with income below the poverty line. On the other hand, some groups will receive Government subsidies owing to their special needs, even though they live slightly above the poverty line.
Upon making the above explanation, I am obliged to illustrate the meaning and function of the poverty line set up by the SAR Government. The said LEGISLATIVE COUNCIL ─ 1 February 2013 6119 poverty line counting only the income of the people is advantageous in terms of its simplicity. It corresponds to international mainstream practice, and is an effective tool for measuring poverty population, as well as for identifying and targeting different social groups to monitor the situation continuously, which in turn allows the public to further understand poverty in Hong Kong. More importantly, with poverty line we can compare the data on poverty before and after the alleviation policies are implemented, so as to specifically analyse their effectiveness, conducive for retracing, reviewing and formulating such policies. Through this, the Government can more effectively support the needy people below the poverty line, while limited public resources can be used properly. This is also the reason for prioritizing the task of the Commission on Poverty to draw the poverty line.
Next, government departments will analyse the data to figure out the characteristics of households below the poverty line in terms of their social, economic and dwelling conditions, so as to formulate more targeted policy measures to alleviate poverty. With the present progress, we should be able to set the poverty line within this year, provided that the members work together wholeheartedly on a common ground. We will also commence study as soon as practicable to formulate complementary policy measures, with a view to introducing the policies early.
As I have said just now, owing to the time required to formulate the policies, it is a must that we have the capacity to introduce some timely alleviation projects, and recourses are available from the Community Care Fund in this regard. Since its inception, the Community Care Fund has launched a total of 18 assistance programmes. With the eighteenth programme implemented yesterday, that is "Provision of Special Subsidy to Persons with Severe Physical Disabilities for Renting Respiratory Support Medical Equipment", all the 18 assistance programmes have been realized, and have successfully identified and reached out to the groups not totally benefiting from the existing safety net or coverage of Government's short-term relief measures to provide immediate assistance, including children, the elderly, persons with disabilities, patients, new arrivals, ethnic minorities, and so on, benefiting more than 100 000 people/households to date. The Community Care Fund has been conducting reviews and evaluations which show that these programmes vary in effectiveness, yet this exactly serves a piloting purpose through which the Government can draw on the experience gained in the field and collect data to 6120 LEGISLATIVE COUNCIL ─ 1 February 2013 determine which programmes need to be revised or extended, or incorporate proven effective measures into the Government's regular assistance programmes.
After its incorporation under the Commission on Poverty since the beginning of this year, the Community Care Fund will keep on drawing opinions from the community and have held two public consultation exercises in this regard. Furthermore, the Fund will continue designing assistance programmes and trial schemes with a view to serving as pilots to complement Government policy measures before their formulations are properly done and completed, so as to provide immediate assistance to disadvantaged groups and grass-root families. For example, the Fund has effectively reached out to those colloquially known as the "N have-nots" through the identification mechanism of an assistance programme to provide subsidy for low-income persons who are inadequately housed and non-CSSA recipients, which facilitates us to arrange more comprehensive poverty alleviation measures in future. With an application period expiring in early April, the programme has received over 17 000 applications so far. As such, we have raised the budget for the programme from the original amount of more than $91 million to over $170 million. The Fund has also started to progressively provide successful applicants with a one-off subsidy of $3,000 to $8,000 according to their household size, and subsidies have already been distributed to more than 10 200 successful applications, benefiting almost 24 000 persons.
Human capital is the most valuable resource in our society and therefore population policy is essential to Hong Kong. Though not covered extensively in the Policy Address, population policy is mentioned as a vision in the Policy Address. The Chief Executive states that it is necessary to enhance the quality and competitiveness of the people, and only through this can Hong Kong be developed into a knowledge society. To build up the future, we need firstly to identify the population problems and difficulties we face before we can exploit the opportunities from these challenges.
The population of elderly people aged 65 or over residing in Hong Kong will rise from 940 000 in 2011 to 2.56 million in 2041 over the next three decades. Ms Cyd HO and Mr LEUNG Yiu-chung probably have not grasped the whole picture of our population projection. Indeed, we would update such projections from time to time with the latest data and circumstances. It is undeniable that the population in Hong Kong is ageing rapidly. According to LEGISLATIVE COUNCIL ─ 1 February 2013 6121 the latest projections made by the Census and Statistics Department, birth rate in Hong Kong remains extremely low. Today, one in every seven persons is elderly in Hong Kong, while in 2041 one in every three persons will be elderly. The overall labour force participation rate in Hong Kong falls successively, and it is projected that the size of the workforce will decrease from 2018 onwards, a trend that will increase the burden on the workforce. Such a change in population structure will pose enormous challenges to the overall economic and social development in Hong Kong.
The decrease in size of the workforce means that an even lower number of tax payers will be drawn into the tax net, further shrinking the tax base from the current level in which 1.4 million employers have to pay salaries tax, thus reducing tax revenue. On the other hand, population ageing will increase the expenditure on such services as welfare and healthcare incurred by the society as a whole, placing unprecedented pressure on public finance. Therefore, formulate an effective population policy is essential in the next five years.
It is the principle of our population policy to accord priority to developing the potentials and addressing the needs of local Hong Kong people, so as to make the best use of our talent pool to provide more opportunities for young people, women and the elderly to join the workforce to enhance our productivity, as well as to take in arrivals to make up any shortfall in size and expertise in the workforce. For new arrivals who settle in Hong Kong for work or residence, we must help them integrate into our community to build Hong Kong together.
Experts and academics in related fields are invited to join and advise the revamped Steering Committee on Population Policy chaired by me. We held the first working meeting on 18 January and started to determine the working plan ahead. Overall speaking, the new Steering Committee on Population Policy will conduct in depth studies on numerous areas to collaboratively work out solutions and formulate corresponding policy measures, and will consult public opinions as and when appropriate before their implementation.
Opinions on population policy from Honorable Members in this session provide very good reference to the Government. President, a visionary and thoroughly planned population policy and a sound social welfare system, facilitated with policies and measures which are enhanced continuously and kept abreast of the time, can surely create a quality living environment for the people. 6122 LEGISLATIVE COUNCIL ─ 1 February 2013
We should encourage every social class in the community to work together and, on the premise of social inclusion among different groups, mobilize and unite all forces in the society to response to the needs of the people and progress the society forward.
President, I so submit and implore Members to support the Chief Executive's 2013 Policy Address.
Thank you, President.
SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, I wish to thank the 34 Members who have put forward many valuable opinions last night on issues relating to poverty alleviation, welfare and labour affairs featuring in the Policy Address.
Poverty alleviation, care for the elderly and assistance to the frail are the key objectives of the welfare policy of the Government of the current term while employment is the basis of livelihood.
I would like to emphasize that the Government of the current term is purposeful, targeted, visionary, well-planned, pragmatic and aggressive in improving livelihood. I now respond to Members' speeches last night in gist as follows.
Some Members suggested the Government take forward universal retirement protection to meet the challenge of an ageing population in Hong Kong. In fact, we all know very well that universal retirement protection is a very complicated and controversial issue. It involves such problems as affordability and sustainability, and there are different views in the community as well. We have to study it very carefully.
In order to focus on exploring the issue of social security and retirement, the Social Security and Retirement Protection Task Force has been set up under the Commission on Poverty. Meanwhile, the Government will continue to reinforce and enhance the three pillars under the existing retirement protection system, and will study relevant issues in depth in an open, pragmatic and prudent LEGISLATIVE COUNCIL ─ 1 February 2013 6123 manner and work towards a consensus in the community on how we should take forward retirement protection in Hong Kong.
In addition, the Labour and Welfare Bureau is preparing for the establishment of an inter-departmental working group to study the proposal to allow people with loss of one limb to apply for Disability Allowance and related issues. This matter is a very complicated. The inter-departmental working group will report to and seek guidance from the Task Force on Social Security and Retirement Protection.
Members also expressed concern about the problem of an ageing population and requested the Government to step up its efforts in improving various services to the elderly. The Government shows much concern about this as well. In fact, Hong Kong is moving rapidly towards an ageing population that we must get all the preparations ready now. Various initiatives of the Government are set towards the long-term target of providing the elderly with "a sense of security, a sense of belonging and a feeling of health and worthiness". Each and every move carries strategic planning implications.
As regards care for the elderly, promoting "ageing in place as the core, institutional care as back-up" is the Government's policy objective of elderly care. We will adopt new policies and enhance existing measures through a variety of new and more flexible funding and service modes to offer more diversified choices to the elderly.
The Social Welfare Department (SWD) will roll out the First Phase of the Pilot Scheme on Community Care Service (CCS) Voucher for the Elderly in September this year. By issuing a total of some 1 200 service vouchers in eight selected districts, the Scheme directly subsidizes the elders to choose those CCSs that suit their needs with the vouchers, which is the realization of the important and innovative idea of "money follows the user". The Scheme may even encourage different types of service providers, including social enterprises, to take part in the provision of diversified CCSs. This is conducive to the healthy development of a silver hair market in Hong Kong, and will also provide a new direction of employment for those who wish to pursue a career in the elderly services sector.
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While most of the elderly prefer ageing in the community, some frail ones practically need institutional care. We will continue to increase the provision of subsidized residential care places through a multi-pronged approach to strengthen residential care services. From now to 2014-2015, SWD will provide over 1 700 new subsidized places. We have also earmarked sites in 11 development projects for providing new contract homes. In the long run, we will continue to identify sites for providing new residential care homes for the elderly (RCHEs) by exploring the feasibility of incorporating RCHE facilities into redevelopment projects and conversion of vacant buildings into RCHEs.
Promoting a sense of worthiness among the elderly is another key policy objective. The majority of the elderly are able to take care of themselves. Many retirees are still very vigorous while retirees of the newer generation have received a higher level of education. They may take part in community activities actively and contribute to society. Therefore, the Government is dedicated to creating a convenient living environment in the community for the elderly so that they can genuinely practice "active ageing".
The Improvement Programme of Elderly Centres to enhance the physical setting and facilities of 237 elderly centres in Hong Kong with the funding of $900 million from the Lotteries Fund, and the well-received Public Transport Fare Concession Scheme for the Elderly and Eligible Persons with Disabilities (known as "$2 concession"), are realizations of this idea.
The Government of the current term is determined to strengthen its support for poor elders. The "Old Age Living Allowance (OALA) Scheme" will be fully implemented in April this year. It is expected that more than 400 000 needy elders will benefit from the OALA Scheme. Yesterday, SWD held a press conference to announce that it would automatically provide a lump sum of $6,550 (starting from December last year) on 5 April to each of the 290 000 eligible elders in the first batch. Moreover, SWD would roll out the "Guangdong (GD) Scheme" in the second half of this year to enable eligible elders who reside in Guangdong to receive "fruit money" without having to return to Hong Kong every year. It is expected that around 30 000 elders will benefit from the GD Scheme initially. We will explore seriously the feasibility of providing OALA in GD some time after the implementation of the two aforementioned schemes.
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Evidenced in this light, we have set our direction and vision in elderly service planning that each and every initiative and service are interrelated yet mutually complementary, so as to lay a firm foundation for the elderly service development in the future.
The Policy Address of this year touches rather significantly on strengthening the support for persons with disabilities and their families, with more substantial and important progress in institutional and service planning.
From the present to 2013-2014, we will provide 770 additional subsidized residential care places. We have also earmarked sites in ten development or redevelopment projects in the coming four years for providing some 1 019 residential places. We are now actively studying the feasibility of redeveloping the former sites of Siu Lam Hospital in Tuen Mun and Kai Nang Sheltered Workshop and Hostel in Kwun Tong into integrated rehabilitation services centres. Subject to the findings of the technical feasibility study, these two projects can provide a total of over 2 000 daytime and residential care places for persons with disabilities. While 1 450 of these places are residential ones, there are several hundred day training places. Under our schedule, we are looking forward to completing this huge project in 2017-2018. While the demand-supply situation of residential care homes for persons with disabilities will be greatly relieved by then, this also reflects our determination and proactive long-term planning for providing additional places for the disabled.
Besides, to relieve the stress of the family members and carers and assist persons with severe disabilities to integrate into the community, we will regularize the provision of home-based care services for persons with severe disabilities next year, and extend it to all districts in Hong Kong. It is estimated that as many as 3 000 persons will be benefited. We will also increase the manpower for residential care homes and day training centres for persons with disabilities to enhance the care and support services for the elderly users.
It has all along been the development direction of Hong Kong's rehabilitation policy to help persons with disabilities develop their potential and build a barrier-free environment. In 2013-2014, we will further improve the Rehabus service and consider extending the "Public Transport Fare Concession Scheme for the Elderly and Eligible Persons with Disabilities" to eligible children with disabilities aged below 12.
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To promote the employment of persons with disabilities, thereby facilitating their self-reliance and integration into the community, we have all along provided employment support and vocational rehabilitation training for them. From 2013-2014 onwards, we will increase the job attachment allowance and wage subsidy for job trial under the "On the Job Training Programme for People with Disabilities" and the "Sunnyway ― On the Job Training Programme for Young People with Disabilities".
The Government's policy on employment of persons with disabilities is to place them in appropriate jobs whenever possible. So long as a candidate with disability meets the entry requirements for a Government post, he or she may be invited to attend selection interview directly without being subject to further shortlisting. Should a candidate with disability be fit for appointment, he or she will be given an appropriate degree of preference.
Some Members expressed their concerns about the long-term planning of social welfare. Both software and hardware are of equal importance in this regard. We will keep striving for resources, land, space and time in pursuit of quantitative and qualitative growth. On premises for social welfare facilities, we will continue to adopt a multi-pronged approach. The Government departments concerned will maintain close communication to identify suitable sites for the provision of social welfare facilities. We will also explore the possibility of reserving a portion of land or premises in new development projects or redevelopment projects for welfare facilities. On the other hand, the Labour and Welfare Bureau is exploring with social welfare organizations on more effective means to encourage non-governmental organizations (NGOs) to release the land they own for the provision of diversified subvented and self-financing facilities through redevelopment or in situ expansion. We will also proactively explore ways to provide targeted assistance to land owners during the planning or development process.
Some Members demanded that the 3 000 programme worker posts be made permanent. I ought to point out that these job places are of temporary and short-term nature. The purpose of creating temporary posts is to facilitate the gaining of work experience and increase the chances for such youngsters to secure jobs in the employment market.
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The objective of extending the posts for 12 months is to provide appropriate employment support to the some 2 600 youngsters who are still holding these temporary posts to help them secure suitable jobs. Organizations should thus not employ new programme workers upon vacation of such posts.
On the labour front, Hong Kong is currently in a fairly good employment situation, which can be described as full employment. The latest unemployment rate has even dropped to 3.3%. Nevertheless, youngsters who lack work experience, middle-aged people with low educational attainment and skill and persons with disabilities still often encounter different degree of difficulties in seeking or switching jobs. We will further strengthen our employment support to them. The Labours Department (LD) will increase the amount of training subsidy provided to employers under the "Youth Pre-employment Training Programme and Youth Work Experience and Training Scheme" and the "Employment Programme for the Middle-aged", from currently $2,000 per month to $3,000 per month. Moreover, LD will also further enhance the "Work Orientation and Placement Scheme" to promote employment of the persons with disabilities.
It is expected that the three measures mentioned above will benefit around 10 000 persons each year. In order to enhance our employment service for residents in remote areas, LD will open a new job centre in Tung Chung next year.
In improving and protecting the rights and benefits of employees, it is always our goal to gradually raise employment standards in a way commensurate with the pace of Hong Kong's socio-economic developments and to strike a reasonable balance between the interests of employees and the affordability of employers. In this connection, we keep conducting reviews and making improvements in various labour portfolios.
On the issue of standard working hours, I wish to point out that topics related to standard working hours have been incorporated into the Government's agenda. The Special Committee on Standard Working Hours is set up to seriously study the feasibility of legislating on standard working hours. It also reflects that the Government faces squarely and cares about the long working hours of employees. The Special Committee will comprise representatives of the Government, employers and employees, as well as academics and community 6128 LEGISLATIVE COUNCIL ─ 1 February 2013 leaders. Relevant preparation work is expected to complete within this quarter. This Committee will look deep into the views from all sectors and draw on collected wisdom on this highly controversial and complicated subject of policy on working hours. On this platform, consensus will be sought and study will be made to take forward the legislative work.
The Government has decided to legislate for three-day's paternity leave, which is a good start. I sought the views of the Panel on Manpower last Friday on the proposed details and contents of legislation on statutory paternity leave, and the legislative process will commence as soon as possible.
Political parties and Members generally welcome the decision of abolishing the Employees Retraining Levy imposed on employers of foreign domestic helpers (FDH) levy; yet there are also Members who are concerned whether the abolition will reduce the Government's funding to the Employees Retraining Board (ERB) and affect the operation of the Board. I wish to reiterate that the Government attaches great importance to and highly affirms the work of ERB, and it is estimated that the current balance of the Board will be sufficient to sustain its operation until the end of 2015. I will submit a long-term proposal on the long-term financial arrangement for ERB to the Financial Secretary.
I also wish to point out that the abolition of FDH levy is meant to ease the burden on families ― particularly the middle-class ones ― employing FDHs, especially when more and more grass-root families employ FDHs to take care of their elderly members.
President, in sum, please allow me to describe the Policy Address of this year as a "no-frills" one. The proactive efforts in the portfolios of labour and welfare demonstrate fully the sincerity and commitment of the Government workforce. I hope we can have the support from Members and general public in the course of implementing various initiatives.
With these remarks, President, I call on Members to support the Policy Address of this year. Thank you.
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SECRETARY FOR EDUCATION (in Cantonese): President, first of all, I would like to extend my whole-hearted thanks to the 34 Members who gave their valuable opinions yesterday on the part on education in the Policy Address.
I would like to emphasize that the Government has all along been investing heavily on education for the purpose of nurturing talents and facilitating social mobility, thereby sustaining the development of Hong Kong. In 2012-2013, the total expenditure on education, being the largest spending policy area, is estimated at $79.1 billion, which represents about one-fifth of the Government's total expenditure. The recurrent expenditure concerned is nearly $60 billion. The Government's commitment on education is therefore beyond doubt.
The mention of "giving some respite" in the part on education in the Policy Address was the subject of much discussion by Members yesterday. I think we may have different interpretations on the expression. Some people think that as practitioners of the education sector have been working their fingers to the bone since the introduction of the education reform in 2000, they ask the Administration to "stop and think" and refrain from introducing any new policies on the overall education structure. However, others consider that the Administration should never stop in making efforts to improve the quality of education; otherwise we would be sailing against the current and miss golden opportunities.
I remember that in the afternoon when the Policy Address was released, I had a meeting with representatives from more than 20 education groups. During the meeting, I was asked whether "giving some respite" means putting an end to the provision of 15-year free education. Another question was raised on whether the statement of "to ensure the quality of our education by further improving relevant measures in accordance with existing policies" in the Policy Address implies that the Education Bureau will only consider improving on the current education voucher system and not examining the provision of full subvention. I firmly answered both questions in the negative. I have to stress that "giving some respite" does not mean doing nothing at all. Instead, it means "intervening as and when necessary" and "being appropriately proactive". Take post-secondary education as an example. I think there is a need to improve the quality assurance mechanisms for self-financed programmes. Insofar as the New Senior Secondary academic structure is concerned, we have to improve the curriculum design, review the implementation of the school-based assessment and 6130 LEGISLATIVE COUNCIL ─ 1 February 2013 actively continue to develop a more diversified and featured senior secondary curriculum. At the same time, we have to maintain the enthusiasm towards high quality education and teaching in the education sector.
In November last year, on the issue of addressing the temporary decline in the number of Secondary One students in the coming few years, I announced an extension of the retention period for surplus teachers so that school sponsoring bodies and schools could engage additional teaching staff to enhance the quality of education and student support services. Teachers could pursue continuous professional development, and collaboration and exchange within and outside schools could be facilitated for the benefits of students as well as their teaching teams. This is a very good example of "being appropriately proactive" to "give stakeholders some respite". With this macro vision in mind, I will continue to consolidate and enhance education policies in the days to come so as to ensure the quality of our education.
As kindergarten education is an issue of much concern, I will speak more on this area. Insofar as kindergarten education is concerned, we are planning in the hope to realize the aspiration of providing 15-year free education as far as practicable. With an understanding of the Chinese saying "The development of a person is shaped at a tender age", I can assure Members that enhancement to kindergarten education will be one of my priorities in the coming years. I also understand that all of us are very anxious to see the expeditious implementation of the initiatives in this area.
In fact, since July last year, I have met various stakeholders of the kindergarten sector, including school sponsoring bodies, teachers and parents, on more than 20 occasions and visited kindergartens of different scales and operation modes in order to understand how they operate and what they need. The process has enabled me to understand the complicated issues involved, such as whether we should provide full subvention to primary and secondary education, improve the education voucher system or adopt a hybrid mode. If full subvention is to be provided, how shall we resolve the big problem of providing school premises for each and every kindergarten? How are rental subsidies to be given to all kindergartens, given the understanding that the rental payments among kindergartens differ in terms of ten to fifteen times? How can an appropriate level of rental subsidies be determined? Will such an initiative result in substantial increases in rent by the landlords? In view of the different views and LEGISLATIVE COUNCIL ─ 1 February 2013 6131 aspirations from stakeholders in the pre-primary education sector and the huge differences in various aspects of how kindergartens are being run at the moment, we have to be very cautious when exploring how kindergarten education is to be further enhanced, so as to ensure that the relevant initiatives will not compromise the flexibility of our kindergarten education system. Yesterday, Mr TAM Yiu-chung pointed out the importance of flexibility in kindergartens and expressed his hope that the diversified services offered to parents could achieve their intended purposes. I think that is an incisive opinion.
I hope to reassure everyone that "to examine the feasibility" of kindergarten education does not mean that our commitment in this regard will waiver in any way. It simply means that as a responsible policy-maker, we have to consider all factors in detail before implementing any new policies. In the middle of this year, the Education Bureau will set up a committee to draw up overall proposals on how pre-primary education is to be enhanced. In order to incorporate different views, we will not only listen to practitioners of this sector, but also invite professionals and experts in all sectors. Different working groups will be formed under this committee to look into various issues and consult the relevant stakeholders, with a view to reaching consensus. Since the issues are rather complicated, we have to give ample time for the committee to explore various issues. More importantly, the findings of the study and the proposals will have critical impact on the future development of our pre-primary education. The impact will not be smaller than that of the change in the New Senior Secondary Academic structure. Besides, the financial implications will be far-reaching and we have to be very cautious. I expect the committee to complete its studies and make concrete proposals to the Government in about two years.
Yesterday, Mr IP raised his concerns about how the pay scale of kindergarten teachers would be determined. We have to be very careful in dealing with this issue. For example, the overall wage level for kindergarten teachers is about $17,600. When it comes to the difference in the monthly payment of teachers working on a whole-day basis in kindergartens under the education voucher scheme, it ranges from $7,000 to $55,000. Besides, the number of students in kindergartens ranges from a dozen to 1 400. Under this premise, we have to analyse in a careful and professional manner the nature and scope of work and the functions performed by kindergarten teachers as well as the structures of the institutes concerned. In addition, we have to consider how 6132 LEGISLATIVE COUNCIL ─ 1 February 2013 the aims of attracting and retaining quality teaching staff by means of payment can to be achieved before examining how the pay scale of kindergarten teachers is to be determined.
At this stage, apart from continuing with the Pre-primary Education Voucher Scheme, all kindergartens under the scheme will receive in the 2013-2014 school year an additional one-off grant for making immediate improvements on a need basis, such as carrying out minor improvement works and procuring furniture, teaching materials and other learning resources, and so on. Each kindergarten will receive a grant of $150,000 to $250,000, depending on the number of students of the kindergarten. I hope that through improving the school environment, the effectiveness of teaching and learning will be improved and the quality of kindergarten education further enhanced.
To facilitate non-Chinese-speaking (NCS) students in learning Chinese, we have put in place a series of support measures, which include providing schools with the "Supplementary Guide to the Chinese Language Curriculum for NCS students" complemented by diversified learning and teaching materials and teacher professional development programmes, as well as organizing after-school extended Chinese-learning activities for NCS students through the Chinese Language Learning Support Centre and other support programmes, so to reinforce what students have learnt during lessons. We will also step up our collaboration with ethnic minority communities and non-governmental organizations to encourage NCS parents' participation in diversified Chinese activities together with their children, with a view to enhancing their exposure to the use of Chinese. The reason for implementing this initiative is that learning Chinese should not be confined to the classroom. If Chinese can be practised in everyday life and with the family, better results will be achieved. More support will certainly be required to enhance the exposure to the use of Chinese by parents and their children. We will also refine the Summer Bridging Programme for NCS students progressing to P1 to P4 by allowing NCS parents to accompany their children during the programme. Through parent-school collaboration, NCS students would be better supported in learning Chinese and upgrading their Chinese proficiency.
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Language teachers in teaching NCS students. Besides, we will, based on teaching experience and "Chinese Language Assessment Tools" tailored for NCS students and a longitudinal study, further evaluate the effectiveness of NCS students in learning Chinese, with a view to setting appropriate targets for them to learn the language and making improvements on learning and teaching as well as enhancing teachers' professional development.
I understand that there are aspirations for us to provide a curriculum of Chinese as a Second Language for NCS students and set down the criteria for its assessment. We will consider the matter in greater detail, particularly the targets of learning to be achieved with this initiative, NCS students' aspirations in academic studies and employment and the relationship between the two.
On the supports to students with special education needs (SEN) in mainstream schools, we have launched a new round of teachers' professional development programme and set training targets to further enhance the professional capability of schools and teachers in catering for students with various special needs.
With regard to the allocation of resources for this purpose, we have raised the ceiling of the Learning Support Grant (LSG) for each public sector school from $1 million to $1.5 million per school per year from the 2013-2014 school year onward so that schools can put together flexibly the LSG and other resources in employing additional teachers, teaching assistants and hiring professional services, and so on.
Regarding special schools, we will continue to improve their school premises and facilities in different ways, including conversion or extension of school premises, reprovisioning or in situ redevelopment. For students with severe or multiple disabilities, we will seek to improve their learning effectiveness and provide a one-off grant for aided special schools to support their students' learning through procuring assistive technology devices, hiring personnel or service to develop such technology, and so on.
The Government is committed to providing young people with flexible and diversified study pathways with multiple entries and exits, enabling students to well equip themselves and achieve their full potentials. Through promoting the parallel development of the publicly funded and self-financing sectors, we 6134 LEGISLATIVE COUNCIL ─ 1 February 2013 envisage that in the next two years, over one-third of our young people in the relevant cohort will have the opportunity to pursue degree-level education. If sub-degree places are counted, nearly 70% of the young people will have access to post-secondary education.
Bearing in mind the importance of student financial assistance, we provided grants and loans amounting to a total of $5.29 billion in 2011-2012 to 380 000 students.
Regarding the Primary One Admission System (POA System), I would like to speak on one area of concern, namely, the participation of cross-boundary students in the system as raised by Members. In 2013-2014, one of the measures put in place by the Government is to increase the number of Primary One (P1) places in the North District, so as to reduce the need to borrow places from neighbouring school nets as far as possible. We will make use of the vacant classrooms in schools within the district and convert available premises into classrooms and provide an addition of 24 classrooms in four primary schools. It is expected that works can commence in the beginning of this year and we are confident the time available will be sufficient to cater for our needs. We will work closely with schools in the district and put in place other measures where necessary. We will announce those special measures accordingly.
"All-round Education and Lifelong Learning" is the overall goal of education in Hong Kong. We are committed to fostering the moral, intellectual, physical, social and aesthetic development of students through education and training, with a view to cultivating their adaptive, creative and lifelong learning capabilities as well as independent, multi-perspective and critical thinking skills. We believe that everyone has potential, and education and training should be so designed as to enable students with diverse abilities, interests and aptitudes to unleash their full potential and become well-equipped to meet the challenges posed by globalization and a knowledge-based economy. Education and training should also nurture students' moral qualities and courage to take up their family and civic responsibilities. I am very confident that if we can work together in a practical and proactive manner, we will attain our goals.
President, I so submit.
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PRESIDENT (in Cantonese): The third debate session ends. We now proceed to the fourth debate session on the theme of "Environment, health, food safety and environmental hygiene and home affairs (other than district administration and civic education)". This session covers the following six policy areas: environmental affairs; economic development (energy); nature conservation, health services, food safety and environmental hygiene and home affairs (other than district administration and civic education).
MR FRANKIE YICK (in Cantonese): President, in order to improve roadside air quality, the authorities previously launched two successive incentive schemes for the replacement of old diesel vehicles. Unfortunately, the participation rates left much to be desired. In order to speed up the phasing out of diesel commercial vehicles which have been defined as heavily polluting, the Chief Executive proposes in the Policy Address to set aside $10 billion as subsidies to owners of over 80 000 pre-Euro and Euro I to III diesel commercial vehicles, which are heavily polluting, in order to phase out these vehicles progressively having regard to their pollution level. The fund set aside is said to be the largest allocation. Yet, people of the industry lash out at the scheme, saying that the scheme virtually kills the way they make a living.
The transport industry is very supportive of environmental protection. Therefore, with regard to the proposal of setting a service life limit for newly registered diesel commercial vehicles at 15 years, the industry raises no objection as this is a rule stipulated beforehand. However, regarding the proposal to subsidize the phasing out of all pre-Euro IV diesel commercial vehicles, it is really unacceptable because the scheme will bring a very heavy financial burden to people of the industry, and may even affect the way they make a living in future.
On the subject of replacing old diesel commercial vehicles, I have held three consultation sessions, two of which were attended by the Secretary and the Under Secretary for the Environment to enable them to listen directly to the views of the sector on the scheme to replace diesel vehicles. During these three consultation sessions, in the light of the inadequacies of the two incentive schemes, people of the industry put forward reasonable requests. Such requests include further sweetening the offer by raising the amount of the grant to 30% of the gross price of a vehicle; the dumping of the old vehicle and the purchase of a 6136 LEGISLATIVE COUNCIL ─ 1 February 2013 new one should not be bundled together and there should be no specific deadlines for purchasing the new vehicles. But eventually, when the Government's proposal is released, there are relatively substantial differences as compared with the aspirations of the industry.
Let us first discuss the grants to be given to vehicles. According to the current information provided by the Environment Bureau, vehicles that have been registered for over 18 years to below 10 years will receive grant amounts ranging from 18% to 30% of the prices of new vehicles. Let us take the case of replacing a 24-tonne truck with a post-registration life of 16 years as an example. A new truck that costs about $1 million will only receive a grant of some $200,000, meaning that the owner will have to shoulder the remaining amount of over $700,000 all on his own. It is a case of "the Government pays for the appetizer, and the people of the industry pay for the main course". In the face of the existing operating difficulties, it is already very tough for vehicle owners, who are small and medium enterprises (SMEs), to replace one truck in terms of the financial burden involved, and such operators in the industry will find themselves deeper in trouble and can ill afford such a burden if several old trucks have to be replaced at the same time. Furthermore, apart from the main bodies, many vehicles used in the transport industry involve many additional installations, such as goods compartments, refrigerating compartments and cranes, which will add several hundred thousand dollars to the bill. So even when there are financial subsidies, one has to pay more than $1 million to buy a new vehicle.
Under the new incentive scheme, only Euro III diesel vehicles with a post-registration age of less than 10 years can enjoy the highest grant of 30% of the price of the new vehicle. However, the latest models of Euro III vehicles were manufactured in 2007. By now, such vehicles have a post-registration age of only six years. I believe that not many truck owners are willing to replace their vehicles with an age of only six years, unless such vehicles have been severely damaged in accidents, thus making it necessary to replace them. As a matter of fact, not many lines of business in the transport industry can easily pass the additional costs to consumers. If truck owners cannot charge higher transportation fees after buying new vehicles, especially under the keen competition in the transport industry at present, they can hardly go on operating the business.
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Besides, many vehicles are being driven by the so-called "single-vehicle operators" (that is, the owner is also the driver) in the transport industry. Many of such operators are aged over 50 or 60, who are approaching their retirement. After struggling for half of their lifetime to pay off the instalments of their vehicles, they can live on with less financial burden now. With an income that can at least feed themselves and their families, they can lead a self-sufficient life without having to rely on the CSSA. If the replacement of vehicles is made mandatory, these old vehicle owners may not have the financial strength to take up the burden of buying a new vehicle by paying huge instalments again. It will only force them to retire earlier they should and stop operating the business, thereby creating more cases of unemployment and application for the CSSA, or even leading to more social problems. Besides, as the scheme involves many different types of vehicles, such as trucks, engineering vehicles, refuse collection vehicles and nanny vans for students, and so on, the daily life and economic activities of the people will be affected if fewer such commercial vehicles run on the roads as a result of the introduction of the replacement scheme.
At present, there are altogether over 80 000 pre-Euro and Euro I to III vehicles that have to be phased out, accounting for about three-quarters of all these diesel commercial vehicles. This is by no means an insignificant figure. With about 5 000 trucks newly registered annually, it will take at least more than 10 years before all such vehicles can be phased out naturally. But now the entire process is compressed and will be completed within several years, that is, by 2019, over 80 000 pre-Euro IV diesel commercial vehicles have to be abolished altogether. Will there be enough supply of such vehicles? It is really doubtful. Besides, the sudden surge in demand for such vehicles within a short span of time will only push up the prices of vehicle. Like the cases of the two previous incentive schemes, only the vehicle traders will eventually be benefited. What vehicle owners can receive under the scheme cannot cover what they have to pay in the process.
Apart from the consideration on the quantity of the vehicles to be supplied, the availability of matching facilities is also very important. As from Euro IV models onwards, more advanced electronic systems have been adopted in such vehicles. Generally speaking, computer systems from the same manufacturers are required for conducting inspection on such vehicles. However, as such technologies are not open to outside companies, many small-scale vehicle service workshops cannot provide services for their clients, meaning that all such 6138 LEGISLATIVE COUNCIL ─ 1 February 2013 vehicles must seek maintenance service from the service workshops operated by the original manufacturers. This will gradually lead to the development of some kinds of monopolistic operations. This is unfavourable to consumers. In addition, due to manpower shortage, if so many new vehicles are brought into Hong Kong at the same time, while matching facilities cannot cope with the situation, it will only cause great grievances among people of the transport industry and affect the operation of the transport and logistics services.
The proposed scheme has already adopted some of the suggestions from the transport industry. Let us use the deregistration of vehicles as an example. It does provide some grants, but the amounts are too small, which do not provide enough incentive to attract owners to give up their existing "business tools". For example, a Euro III diesel truck can be sold in a second-hand market at a price of about $300,000 now, but the Government only provides a grant of about $180,000 for dumping an old one. From this, we can see that the scheme is completely inadequate for attracting owners to speed up the dumping of old vehicles.
On the issue of speeding up the phasing out of old vehicles, apart from the consideration of raising the existing grant amounts for replacing diesel vehicles, the authorities should tackle the problem of capital shortage faced by people of the industry by providing vehicle owners with interest-free or low-interest loans for replacing old vehicles. Besides, the authorities may consider allowing owners to buy second-hand vehicles that meet current standards or explore the possibilities of replacing the engines only, so as to reduce the burden of vehicle owners and minimize the impact on the transport industry.
According to the Hedley Environmental Index, which is the result of a survey conducted by the School of Public Health, University of Hong Kong, on the economic costs of Hong Kong's air pollution in terms of public health impacts and their monetary value, there were 3 500 premature deaths and the economic loss incurred amounted to $45 billion in 2011 due to the air pollution in Hong Kong,. But if the air quality can be improved after the phasing out of old vehicles, the expenditure arising from the medical expenses in future will definitely be reduced. With the people becoming healthy and their productivity rising, it will be conducive to enhancing the cost-effectiveness of our society. So, the Government should generously allocate more resources to this cause.
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On the issue of reducing vessel emission, the Policy Address mentions that the Government is considering to bring in new legislation to enforce the requirement of fuel switch at berth, and will submit its proposal to the Legislative Council in the next legislative session. On the issue of improving the air quality on the sea, as early as the beginning of 2011, several companies operating ocean-going vessels voluntarily signed the Fair Winds Charter, undertaking that their vessels would switch to use low-sulphur fuel when they were at berth in Hong Kong. This is even earlier than the Government's introduction at the end of last September of a 50% reduction of charges on port facilities and lighting for ocean-going vessels that switch to use low-sulphur diesel when they berth in Hong Kong waters. However, with regard to enacting legislation to require ocean-going vessels to switch fuel at berth, in order to prevent the fleets of some shipping companies from turning to other ports in the Mainland for berth just because they have not properly prepared for the fuel switch, or for the reasons of avoiding to pay additional fuel charge, thus leading to the diminishing of vessels berthing in Hong Kong and affecting the development of the maritime logistics industry in Hong Kong, so I hope the relevant legislative process can be implemented at the same pace as those in other Pearl River Delta ports (The buzzer sounded) ……
PRESIDENT (in Cantonese): Mr YICK, your speaking time is up.
MR FRANKIE YICK (in Cantonese): President, I so submit.
DR ELIZABETH QUAT (in Cantonese): President, in this session, I shall speak on three aspects, namely, energy, the environment and healthcare. As electricity tariff bears much impact on the day-to-day spending of many families, I would like to speak on the issue of the Interim Review of the Scheme of Control Agreements with the two power companies first.
The Government will hold discussions with the two power companies later this year on the Interim Review. The public have strong expectation that the Government can take this opportunity to suppress the pressure on tariff increase in the next five years. Regardless of whether the progressive tariff structure would be adopted or whether the fuel mix for generation of electricity would be 6140 LEGISLATIVE COUNCIL ─ 1 February 2013 reviewed, people hope that the Government can adopt whatever means it may make use of to make the two power companies compress their costs in the next five years and keep the electricity tariff at a stable level. The DAB is of the view that, apart from asking the two power companies to implement the progressive tariff structure so as to ease the spending on electricity tariff of median/low electricity consumption families, the authorities will also ask the two power companies to formulate energy efficiency incentive/penalty schemes once again to alleviate the pressure on tariff increase.
There is a view in society to the effect that the local electricity sales will affect the determination of the price of electricity tariff, that is, the higher the electricity sales are, the cheaper the electricity tariff will become. With the assurance of the permitted return of 9.99% stipulated in the Scheme of Control, the cost per unit of electricity will go up if the power consumption decreases, thus bringing about the pressure on tariff increase. However, after consulting several environmental groups, we find that this is not the case.
By going over the information papers again, we find that the local electricity sales recorded an average annual increase of about 1% between 2007 and 2011. The DAB suggests that the Government should revive the energy efficiency incentive/penalty scheme targets with the two power companies. If a saving of 1% can be achieved in the annual power consumption, an incentive should be provided as a reward. On the contrary, a penalty will be imposed if the power consumption has increased. In order to avoid receiving any penalty, the two power companies will naturally identify ways to save power consumption so as to offset the usual 1% increase. Under such circumstances, only by promoting the saving of energy can the power companies obtain any actual incentive, and this will result in achieving the objective of reducing the average fuel cost per unit of electricity.
In our opinion, apart from requesting the two power companies to reduce their respective annual power consumption by 1%, the Government should also reach an agreement with the companies to require them to actively provide practical support to customers from all walks of life on ways of saving power consumption, including the implementation of measures with subsidies for encouraging people to replace their old electrical appliances. In the meantime, under the power saving incentive agreement, it is important to ensure that the LEGISLATIVE COUNCIL ─ 1 February 2013 6141 public can share the benefits to be enjoyed by the two power companies from saving costs.
Apart from energy saving initiatives, I hope that the Government can introduce more facilitating measures to enhance the environmental awareness of people from all walks of life, such as formulating the standards for green data centres, promoting the application of green technologies, encouraging energy saving efforts in commercial buildings and shopping arcades, strengthening the conservation of the sea, the coastline and marine creatures, and allocating more resources and land to support the development of environmental protection industries and organic agriculture.
President, the Policy Address mentions a "water-friendly culture" to further enhance the water quality of urban coastal waters. I think if we want to upgrade the water quality, we must first upgrade the standards of water quality. Take the water quality of Shing Mun River as an example, although the water quality there has seen substantial improvement in recent years, stinking smell can still be detected from time to time and it is still a nuisance to people living in the neighbourhood. Yet according to the water quality standards of the Environmental Protection Department, the water quality of Shing Mun River is surprisingly said to be good. How can this stinking River achieve this "Good" grading? Very obviously, the water quality standards that have been in use for several decades have become outdated now. As such, I hope the Government can expeditiously review the water quality standards and tackle all the water pollution problems in the Victoria Harbour, Shing Mun River and open nullahs in urban areas. I would also like to reiterate our request that the Government should expeditiously solve the stink and air pollution problems and so on at Wan Po Road and the landfill of Tseung Kwan O, and consider designating Wan Po Road as a low pollution or low emission zone on a trial basis.
President, while it is important for us to have a healthy and comfortable living environment, it is equally important for us to have quality healthcare services. However, Hong Kong people have to wait for a long time before they can see a doctor in a public hospital now. Long queues can be seen in accident and emergency departments, general out-patient clinics as well as various specialist out-patient clinics. There is a common saying, "Seek treatment early while your illness is still mild." But I have heard many people express their worries to me, saying that they fear the long waiting may turn their mild illnesses into some major ones, which might eventually become incurable. Women in 6142 LEGISLATIVE COUNCIL ─ 1 February 2013
Tseng Kwan O are not even provided with maternity services. When they are about to deliver their children, they have to travel a long way to other districts in order to give birth to their babies. This is both dangerous and unfair to them, and they find this unacceptable. Unfortunately, the Policy Address does not make any undertaking to solve such healthcare problems, such as increasing the establishment of doctors and reducing the waiting time involved. I hope the Chief Executive can have such problems solved as soon as possible.
President, I would also like to ask this question: What is more important than lives of the people? Both breast cancer and cervical cancer are fatal diseases, ranking the third and ninth deadliest killer diseases respectively. Cervical cancer is the only vaccine preventable cancer. The younger a woman receives the vaccination, the better the protection affords. But at present, if a woman wants to receive the vaccination, she can only do so by visiting a private clinic at a cost of nearly three thousand dollars. How can grassroots families afford this? Does it mean that only women in better-off families can prevent this disease, and if you do not have the money, no one will care about you? If the breast cancer of a woman can be detected early with proper treatment, it will not only save her life but also minimize the physical and mental damages that may inflict on her. It is unreasonable for the Government to be reluctant to provide breast cancer check-ups for all women, and it is also unreasonable for the Government to be unwilling to provide cervical cancer vaccination for them. Why is the Government so mean? With such a huge surplus, why is the Government still unwilling to spend some money on enhancing the health protection of women? I hope that in the Budget to be released next month, I can see more resources to be allocated to the health protection of women.
Good health of women is one of the key factors contributing to genuine family happiness. Earlier on, Mr WONG Kwok-hing has given each of us two spring inscriptions. I would like to present two spring inscriptions to you as well. One of them bears the Chinese character "福" to show "fullness" and "completeness". I wish all of us can enjoy good fortune and happiness in our families. Another one is "和氣生財", which means "harmony will generate wealth". I hope we can enjoy harmony in this Council with fewer arguments. Many members of the public also hope that we can have fewer arguments, and strive to enable early implementation of more measures that will benefit and improve the livelihood of the people.
I so submit. Thank you, President.
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MR CHRISTOPHER CHUNG (in Cantonese): President, Chief Executive LEUNG Chun-ying's Policy Address comprises a total of 200 paragraphs, of which only nine, and even if the one on allocating additional resources for district councils to enhance the promotion of culture and arts is also counted, ten has touched on the issue concerning culture and arts. Little mention of this issue reveals that the Government will not give too much thought to engaging in cultural and arts affairs in the next few years to come. President, culture is the soul of a community that reflects the character of the community and helps promote social solidarity while enhancing civic quality. Besides, the domain of culture and arts is at the upstream of the cultural and creative industries supply chain. Yet, the Government of the last term did not make any efforts to develop culture and arts as an essential part in promoting cultural and creative industries. They were utterly excluded from the industries instead and that is unfavorable for the long-term development of culture and arts.
In respect of the policy on culture and arts, the Government has set out the vision of turning Hong Kong into an international cultural metropolis with a view to making Hong Kong a prominent hub for cultural exchanges. To achieve this goal, the Government works on the development of the West Kowloon Cultural District (WKCD) and provides support for various arts groups and promotes public art. In my opinion, these efforts are important but not adequate for materializing the vision. I have been keeping an eye on the development of Hong Kong's culture and arts sectors, and I understand profoundly that only when the development of culture and arts is based on far-sighted considerations can the creativity and potential of culture and arts be further enhanced. Through the industrialization of culture and arts, all areas within this domain will be able to scale new heights and progress towards high-level and professional development.
Thanks to the freedom upheld by Hong Kong's community, the space for culture and arts creation enjoys a high degree of freedom which has also helped foster an environment conducive to the development of diversified culture and arts. The diversity in Hong Kong's performing arts is testimony to the fascinatingly unique side of our cultural fusion. However, the culture and arts sectors are caught in a major dilemma as the market is rather limited. Despite the various means adopted by the authorities to enlarge the audience size, the audience base of Hong Kong itself is still too narrow. Meanwhile, the income sources of major performing arts groups as well as small and medium arts groups are also very limited. Their income mainly comes from government subvention 6144 LEGISLATIVE COUNCIL ─ 1 February 2013 and ticket income. Yet, ticket prices in Hong Kong are low, and therefore engaging in cultural and arts affairs is sometimes considered a miserable business. Nevertheless, I wish to point out that engaging in cultural and arts affairs is absolutely not a blind alley. The Hong Kong market is limited but creativity itself is unlimited. Cultural artists are living beings who know how to play it by ear and move around different places. A stage performer giving a show at the Academy for Performing Arts today may perform at the Cultural Centre tomorrow and then entertain audiences in Guangzhou the day after tomorrow. Having gained a deep understanding of this, some people engaged in Hong Kong's culture and arts sectors just keep attempting to step out of Hong Kong and bravely reach out to other places in the world and the Mainland cities as well. They are more than happy to introduce the local arts to people in other places.
As Mainland's economy is developing at high speed, its middle class population keeps growing and a huge cultural and arts market has emerged. Since people from middle-class families are in pursuit of cultural qualities and quality life, high-quality performing arts just rightly meet their needs. Furthermore, the Mainland authorities have allocated considerable amounts of resources for building performing arts facilities in every city in recent years and a group of audience in pursuit of refined arts and high-end performances has thus formed. According to the statistics of the Mainland authorities, there are about 40 big theatres throughout the nation, including both the completed and to-be-completed ones, with an estimated scale of investment totalling over RMB 32 billion yuan. As for those big theatres already in operation, they will invite internationally renowned orchestras, art groups, dance companies and singers to perform in China.
While the Mainland's performing arts market is growing rapidly, should Hong Kong still adopt the wait-and-see approach and count on sheer luck? In the face of the Mainland audience's strong demand for culture and arts, should the SAR Government make some aggressive strategic considerations to help local artists and arts groups gain access to the Mainland market proactively?
The SAR Government has been emphasizing to us that it is working to strengthen cultural and arts exchanges with Mainland provinces and cities through various cultural co-operation frameworks, co-operation agreements and professional forums. I wish to point out that such exchanges and co-operation LEGISLATIVE COUNCIL ─ 1 February 2013 6145 are necessary but they are only at an initial and infancy stage. We cannot just stop there or get indulged at the co-operation level. Instead, we have to achieve new heights, aiming at helping local performing artists and arts groups step out of Hong Kong and enter the Mainland market so that they can demonstrate to the mainland compatriots Hong Kong's high-quality and diversified performing arts. The SAR Government can act as a facilitator in promoting cultural and arts industries by building partnerships with relevant Mainland authorities to facilitate management of Hong Kong's arts groups and the theatres in various Mainland provinces and cities while securing opportunities for them to perform. For example, the completion of a piece jointly produced or created will help lift the level of performing arts as creativity is stimulated through interactive co-operation efforts. In the past, the Art Development Council ― I declare interest here that I am a member of the Art Development Council ― also played the role of a facilitator in conducting interactive exchanges to encourage arts groups or artists to commence different exchange programmes. This mode of exchange co-operation, however, is still far from advancing towards the industrialization of culture and arts. Hence, in a nutshell, the Government should not simply be "appropriately proactive" in facilitating the film, design, digital entertainment and pop music industries if it really means to promote the cultural and arts industries. It also has to adopt a proactive strategy for the industrialization of the performing arts sector and seek to expand the space available for local arts groups.
President, it is mentioned in this year's Policy Address that an additional provision of 150 million is earmarked for strengthening the training for arts administrators of various levels of experience in the coming five years. Strengthening the training for talents is certainly necessary as this will provide a reserve of talents for the WKCD. However, we are concerned whether the nurturing of talents is conducive to industrializing the culture and arts sectors.
In fact, medium and small arts groups only have limited manpower. Persons working in arts groups are mostly creators cum artists who have to execute "one-man operation", meaning that they are responsible for creation, administration and promotion work. They have neither money nor time to learn. Regarding market expansion, what an arts group needs most is a culture and arts intermediary. It is just like an artist requiring an agent and a sports star requiring an intermediary, an arts group also needs an intermediary who possesses a sound market network in addition to the knowledge in administration 6146 LEGISLATIVE COUNCIL ─ 1 February 2013 and marketing strategies. He must be able to liaise with the relevant sectors and parties to help promote the works and production by arts groups and artists in external markets. The Government's increasing resources for nurturing artistic talents is only one of the steps required. More importantly, it should work to enhance the professional development of intermediaries and provide financial assistance for arts groups to subscribe for such professional services or recruit professional intermediaries.
The Chief Executive will enhance the role of the SAR Government Offices in the Mainland while studying ways to strengthen the working relationship between the offices of the SAR Government and those of Hong Kong's statutory bodies in the Mainland, including the Hong Kong Trade Development Council and Hong Kong Tourism Board, so as to more effectively provide assistance to Hong Kong people and Hong Kong businesses in the Mainland. If the Government regards culture and arts as an industry, such bodies in the Mainland may also help promote Hong Kong's culture and arts there. Moreover, they can work with the Hong Kong Art Development Council in liaising with the Mainland bodies to facilitate development of the industry in the Mainland. Besides, it is necessary for the presence of officials conversant with culture in such offices to take charge of the cultural co-operation and expansion of the cultural industry in their respective regions. I trust this will help build a proactive and positive image of Hong Kong as an international cultural metropolis.
President, I am going to speak on the environmental policy.
Concerning the section on environment of this year's Policy Address, we, the Democratic Alliance for the Betterment and Progress of Hong Kong, are broadly in support of the general direction advocated by Chief Executive LEUNG Chun-ying, but I think that the Policy Address could have given a more complete account. For example, I cannot find anything about "light pollution" in it. Earlier on, quite a lot of people and green groups expressed one after another their concerns about the nuisance caused by commercial signboards and lights of shops. Has our Government forgotten the sources of this kind of environmental disaster? It is really disappointing indeed.
In response to the community's concerns, the Legislative Council has established the Subcommittee on Issues Relating to Air, Noise and Light LEGISLATIVE COUNCIL ─ 1 February 2013 6147
Pollution, of which I am a member. Earlier on, the Wanchai District Council came over to the Legislative Council to have a meeting with Members, during which the problem regarding the noise and light nuisances generated by outdoor video walls was discussed. Actually, the Wanchai District Council paid three visits to the Legislative Council in the last legislative term to discuss this issue, which reflected the severity of the problem.
In fact, the lighting of many commercial buildings and shopping arcades in various districts on Hong Kong Island such as Central, Wanchai, Causeway Bay and North Point, is indeed "overwhelmingly powerful" and is powerful enough to shine 24 hours a day and seven days a week, causing a great nuisance to the residents in the vicinity, who cannot sleep well at night. Moreover, the problem of light pollution is not unique to Hong Kong Island. Yau Ma Tei, Tsim Sha Tsui and Mong Kok in Kowloon, as well as Tsuen Wan in the New Territories, are suffering from the same problem. This shows the extensiveness and severity of the problem of light pollution in Hong Kong.
Regrettably, this year's Policy Address has not brought forward any new initiatives or ideas to solve the problem of light pollution. In the papers briefing on relevant policy initiatives tabled by the Secretary for the Environment this Monday, the expression "external lighting" is lightly mentioned only in paragraph 49, which repeats once again the promulgation of the Guidelines on Industry Best Practices for External Lighting Installations and setting up of a Task Force on External Lighting (the "Task Force") in January and August last year respectively. It is also mentioned in the paragraph that the Task Force is looking into the relevant issues and the Government will take follow-up actions to address public concerns having regard to the advice of the Task Force.
In my opinion, the nuisance caused to the residents in the vicinity by light pollution persists from day to night and then from night to day. It never stops. Residents living in close proximity to mega signboards and external walls decorated with strong lighting are profoundly affected. According to people from the medical sector, exposure under strong light for a prolonged period of time will lead to various health problems like insomnia, dysphoria, disruption of biological clock, headache, and so on. Many of those residents affected by strong lighting of advertising signboards are the underprivileged dwelling in old buildings.
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In this connection, I consider that the Government has to propose prompt and decisive measures to save these residents from strong lighting. The Environment Bureau did not include in last year's Guidelines on Industry Best Practices for External Lighting Installations any express provision on restrictions. It only lightly mentioned the possible implementation of a three-tier system for zonal restrictions on lighting intensity to allow the imposition of different restrictions on lighting intensity in different zones. In my opinion, the three-tier system for restrictions on lighting intensity is worth studying. For instance, different places can be classified as pure business zones, pure residential zones, rural zones, and so on. Restrictions on a business zone can be slightly relaxed, provided that there is no resident living nearby and the traffic will not be affected. As to business/residential zones, it all depends on the actual circumstances of each case. The light intensity not exceeding a certain level or flashing signboards of certain colours can be allowed. It is also necessary to specify the time for switching off the lights and that the frequency of flashing should not be too high. For pure residential and rural zones, basically only the installation of signboards with low level of light intensity should be allowed, and they must be switched off as early as practicable.
Of course, implementation of the three-tier system also depends on the actual situation of the place concerned and may need to be handled with discretion. However, what really matters is whether the Government is aware of the problem and takes prompt actions to make up for the inadequacies of the initiatives put forth in the Policy Address.
Moreover, the controversies mentioned early about the construction of a bathing beach at Lung Mei have also prompted us to reconsider the meaning of "conservation". Upon announcing its plan to restore Lung Mei to a beautiful beach like before, the Government met opposition from conservationists who would even resort to judicial reviews against it. Currently, the mainstream thinking on conservation in Hong Kong is generally one-sided and oversimplified. Conservation is construed as no development, making no changes to land use and maintaining the status quo. Taking Lung Mei and Ting Kok as example, should we choose to restore the place into a natural sand beach like before, or just keep it as non-natural mudflats like the way it is now for the best sake of nature conservation? Nowadays, as Hong Kong citizens are more conscious about nature conservation than before, I am afraid that the two paragraphs in the Policy Address informing how biological diversity will be LEGISLATIVE COUNCIL ─ 1 February 2013 6149 conserved and that the Sustainable Fisheries Development Fund of $500 million will be set up are not good enough to address the public's increasing awareness of conservation. I hold the view that the Chief Executive has to be more far-sighted in formulating a set of more comprehensive principles and implementation policies on nature conservation, such as which places should be restored to their previous states, which ones should maintain its status quo and which one may allow appropriate development. He should not follow the trend at will to promote conservation at one time and advocate development at another. People will get confused as a result.
President, I so submit.
DR KWOK KA-KI (in Cantonese): Two funny things happened yesterday. Yesterday morning, my friend showed me some recent photographs of Beijing. He photographed four places, namely the Temple of Heaven, the Summer Palace, the Palace Museum and the Great Wall. The photographs are all black. I asked him when the photographs were taken and he said they were taken at daytime. Coincidentally, our Mainland counterpart, Dr ZHONG Nan-shan, Head, Institute for Respiratory Disease in Guangzhou, remarked last night, "Air pollution is more terrible than SARS." We can wear N95 masks in face of SARS but in the case of air pollution, it is impossible for us not to breathe for good. We are exposed to this kind of pollution once we go outdoors.
Therefore, the Government is implementing the policy of replacing all diesel commercial vehicles, the direction of which we appreciate and concur with. However, does this necessarily mean that the disappearance of all such diesel vehicles can help mitigate the problem of air pollution in Hong Kong? I believe that both the Secretary and the President know that this is impossible. In fact, many of the Government policies are not consistent at all. The pollutants emitted by the two power companies are still a nuisance to the majority of the public, particularly in those urban areas with serious problem of air pollution, but no encouragement has been made under the Government policy yet. There are not so many cars in most metropolises around the world, not even in the busiest places because they encourage the use of environmentally friendly vehicles on top of implementing pedestrian zone schemes. As we all know, they have got a lot of bicycles and rickshaws for use by tourists in the busiest places. They also encourage the use of electric vehicles. In Hong Kong, however, places receiving 6150 LEGISLATIVE COUNCIL ─ 1 February 2013 the largest number of tourists and members of the public are still shrouded in a mist of noxious smog where pedestrians and vehicles have to compete for use of the road. On the contrary, even with an injection of $10 billion by the Government, the problem of serious air pollution in these places will not be mitigated.
On the other hand, although the Government has advised that it will deal with the schemes of profit control on the two power companies, including such issues as monitoring the investment of fixed capital and oversupply of electricity within five years, it is unfortunate that the Policy Address makes no mention of the implementation. Efforts made by the two power companies in reducing emission and saving energy are not enough, and the Government has the major responsibility to take forward relevant initiatives. Yet, the Government did not take the lead to do something in this regard. Instead, it set a bad example by wasting even more energy after moving into the new Central Government Offices. I wonder how the Secretary will respond to the criticism that Government says one thing but means another. I hope that before introducing its policy on solid waste, the Government will take practical steps to get its job done concerning such areas as environmental protection, recycling, kitchen waste and emission reduction. Otherwise, I believe the majority of the public will not accept the proposals of building incinerators and expanding existing landfills, which they are compelled to accept because this is indeed an impossible choice to make.
Regarding healthcare services, we understand that more resources and a clearer policy direction are required for the provision of healthcare services. It was wrong for the Government of the previous terms or the Government of the last term to put too much effort in healthcare financing. Thus, I am of the same mind as the Government since it no longer proposes to improve Hong Kong's healthcare services by introducing healthcare financing this year. Yet, I find it disappointing that while we used to have healthcare planning for relatively longer terms since the 1980s, not just for a year or two but for all subsequent years, the best opportunities to address quite a number of issues have been missed currently. Over the past ten years or so, too much effort and resources were given to the Hospital Authority while the resources allocated to the grassroots in dire needs and community treatment such as elderly health centres and woman health centres were insufficient. Patients have to wait for three to four years before they are offered the healthcare services targeted on low-income persons and the LEGISLATIVE COUNCIL ─ 1 February 2013 6151 underprivileged. There are only a few regular woman health centres where the rest operate on a part-time basis with services offered by maternal and child centres for one day only. May I ask, under such practices, how can the healthcare condition of the next generation be improved and how can the forthcoming healthcare services for the elderly be properly implemented? Besides, the Government has not set any policy directions for the benefit of the underprivileged, including elderly people with chronic diseases, the mentally ill and people with rare diseases. Things cannot be done overnight for most cases but I hope the Government will work towards this direction and show us a blue print with clearer details.
As to the issues relating to the beauty industry, including the DR incident which everyone is most familiar with, I am extremely disappointed that the Government only regulates private institutions but not the beauty industry. I hope the Government will have corresponding policies in place to regulate the beauty industry in future.
Finally, I only want to speak briefly on sports and culture. As far as sports culture is concerned, it is necessary to promote sports in the community while developing elite sports. I have mentioned to some Government officials on various occasions that certain matters could actually be settled in simple ways. If the community facilities in schools can be opened up for use by young people and students after school, it will definitely do much good to the whole society. Regarding the aspect of culture, the cultural industries in Hong Kong will thrive better if the Government is not so ruthless to the extreme as to have those cultural industries lacking start-up capital evicted from the industrial areas.
I so submit. Thank you, President.
MR TONY TSE (in Cantonese): President, compared with the sections on Education, Healthcare and Transport, the Chief Executive has spoken at quite some length on Environmental Protection and Conservation. He has addressed the issues of air pollution and water quality of Victoria Harbour, but he has not addressed the management and conservation of water resources, particularly about how to protect and improve the water quality at present. Water resources in Hong Kong are scarce, necessitating the need to purchase Dongjiang water from Guangdong Province, and we rely heavily on this water source. Thus, the 6152 LEGISLATIVE COUNCIL ─ 1 February 2013
Government must practically formulate a policy to properly manage water resources in Hong Kong. More importantly, it must strive to seek active co-operation from its relevant counterparts in Guangdong Province and step up efforts in monitoring the water quality of potable water supply to Hong Kong, so as to ensure that the water quality is safe for consumption.
Under the impact of RMB appreciation and inflation, Hong Kong's expenditures on purchasing Dongjiang water have increased annually in recent years. The Government should take active steps to source other means of water supply to Hong Kong, such as water desalination. Despite the higher cost of desalinated water than that of Dongjiang water at present, the Government should have a better understanding of water desalination and make better use of it. Besides, it should review the present strategies on managing water resources in Hong Kong and lay down proactive water conservation targets and measures, with a view to maintaining an abundant water reserve.
President, in order to improve the air quality in Hong Kong, the Government must, apart from focusing on the emissions of vehicles and ocean-going vessels, secure the co-operation of its Mainland counterparts, particularly those in the Pearl-River-Delta region, as its key task. Although the Government has specified its intention in the Policy Address that it would bring in new legislation to require ocean-going vessels at berth to switch to low-sulphur diesel, the effectiveness will be greatly undermined if the authorities of the Pearl-River-Delta region fail to co-operate.
Besides, the Policy Address also touched on Green Building, but without any specific policy and goal. The Government stresses the need to promote green building. If so, the Government should attach importance to urban planning, public facilities, as well as the architecture, design, usage and repair and maintenance of buildings, all of which should be incorporated into its consideration. I hope that the Government will formulate a comprehensive policy on green building, introduce amendments to the outdated ordinances concerned and take forward environmental protection. Besides, it should also provide more incentives to encourage the business sector and the public to take part in promoting environmental protection.
President, I so submit.
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DR HELENA WONG (in Cantonese): President, I have been visiting the hospital for a number of times in the past few days because a family member of mine was admitted to hospital. I am still astonished to find what is actually happening in the public healthcare system in Hong Kong. A few nylon beds could still be found in the corridor outside the hospital ward rooms. People of Hong Kong who are admitted to public hospitals actually still have to sleep on the aisles in the hospital wards. I don't know whether my family member, who was wheezing when admitted to hospital, was lucky or not because she was assigned a bed inside a hospital ward room so as to use the oxygen inhaler, although the room was very congested. I feel sorry for those who have to sleep on the aisles. Secretary Dr KO Wing-man, I very much hope that the Government would not skimp on its efforts in tackling healthcare issues.
Despite the implementation of a twin-track system for public and private healthcare sectors, as advocated by the Government in the Policy Address, we notice that the service quality of the public healthcare sector is deteriorating. Why is it so? It is because we simply do not have sufficient manpower. At present, private hospitals are allowed to expand. This is originally meant to share the burden shouldered by the public healthcare system, but the actual outcome is that a large portion of the manpower has been snatched by the private healthcare sector. The healthcare personnel that we have trained are insufficient already and they are now taken by the private healthcare sector. Healthcare personal in public hospitals have to face poor working environment, long working hours and mounting work pressure. When patients are admitted to hospital, their family members basically do not have a chance to see the doctor. Doctors are very busy; so are the nurses. It is hard to get them answer questions that we may have about the patient's conditions. As such, how can public hospitals compete with private hospitals?
According to the Hospital Authority (HA), it employed 275 fresh graduates from medical school in July this year, but there is still a shortfall of 250 doctors in public hospitals in order to offset the staff wastage. In the past, we saw that healthcare personnel worked 65 hours per week on average and some of them worked as long as 80 hours. They are not machines. What help can be rendered by the authorities so that they can have energy to take care of patients?
In 2003, due to its lack of foresight, the Government slashed medical school places from 330 to 250. Recognizing its mistake later, the Government 6154 LEGISLATIVE COUNCIL ─ 1 February 2013 restored the number of places to 320 in 2011 and further expanded it to 420 in 2012. We welcome the increase in such training quotas, but these additional medical school graduates will not be available to serve the public until 2017. However, increasing the number of medical school places continuously is not the solution to the problem because such manpower is being snatched by private hospitals. So, how are we going to retain these talents? Our grave concern is that the public and private healthcare systems will become imbalanced.
The Democratic Party is of view that the Government should improve the treatment of healthcare personnel, particularly the working environment and remuneration of frontline healthcare staff and frontline doctors, and provide more training for healthcare personnel. It must come up with an effective means to prevent these freshly-trained personnel from being poached to work in private hospitals. Those being poached are usually the most experienced doctors, in the end leaving junior doctors working in public hospitals. Hence, the quality of the entire public healthcare system will continue to drop.
Upon the Democratic Party's lobbying, the Government has finally acceded to our proposal of injecting an additional $10 billion to the Samaritan Fund, which is a fund dedicated to subsidizing patients' medication. We hope that more publicity work can be done in this regard and more drugs commonly prescribed to patients can be included under this subsidy system.
One aspect is missing in the entire Policy Address, which is dentistry. The dental service needs of the elderly and children are not catered for under the entire public hospital policy. We have raised this concern in the relevant panel and C Y LEUNG has also explicitly stated in his election manifesto that he intends to provide dental services in the public sector. Why is this service absent now? Besides, we are of the view that more resources should be allocated to shorten the waiting time for specialist out-patient clinics and a service pledge should be laid down on the waiting time.
We hold that, and some Members have also pointed out, a major problem with the Policy Address as a whole is that it does not have a gender viewpoint. In its entire section on Healthcare, the Policy Address is gender-insensitive, as if it were turning a blind eye to the special needs of women. As we have mentioned just now, there are very few health centres for women, only three in the entire territory. We notice that the Government has done nothing to promote LEGISLATIVE COUNCIL ─ 1 February 2013 6155 breast cancer checks. The funding for the expansion of Tseung Kwan O Hospital to provide a delivery room, obstetric services and accident and emergency services for newborn babies has been approved. But why does the Government now decide to back out of this already-made decision of which funding has been approved? Why do expecting mothers in Tseung Kwan O have to deliver their babies in United Christian Hospital? We have discussed these issues for years and we have fought for them for years. It turns out that even though we have successfully fought for these issues, there can still be a U-turn. We hope that these mothers would not have to deliver their babies in another district hospital or rush to buy formula milk across districts. We do not wish to see such things to happen.
Regarding the issue of healthcare financing, we are very concerned that the Government would in the end "force'' all middle-class people to purchase health insurance and "force'' them not to use public hospital services, luring them to purchase health insurance if they do not want to sleep on the aisles in public hospital wards and bear with the poor environment there. This is very unfair to the middle-class people. If they wish to purchase health insurance themselves, or if they wish to stay in luxurious rooms in private hospitals, they certainly would have to shoulder the cost themselves. On the other hand, the Government can see if any tax breaks can be offered to those who have purchased health insurance. Nevertheless, it is legitimate for the middle-class people to request the Government to address their needs for public healthcare services and to reassure them that even if they were admitted to public hospitals, the environment and standard there would be of an acceptable level.
Let us turn to food safety and environmental hygiene. The topic in the limelight now is certainly food products for infants. While we adults can have meals of Chinese or Western cuisines, be the dishes savory, sour, bitter, spicy, sweet, hard or soft, babies only have one kind of food, which is either breast milk or formula milk. However, the problem now is that parents are unable to buy formula milk and many of them have to work. The Hong Kong Government has made little effort in promoting breast feeding. Its policy as a whole does not promote family-friendly policies. The business and industrial sectors do not provide any baby-sitting room in the workplace for breast feeding. The current proposal on paternity leave is five working days. As for maternity leave, which has been discussed for so many years, it remains at four weeks before the expected date of childbirth and six weeks after the actual date of childbirth, that 6156 LEGISLATIVE COUNCIL ─ 1 February 2013 is, only 10 weeks in total. Even if a mother uses all 10 weeks to breast feed her baby, does she not have to go to work after that? What will the baby eat then? The Government does not have any policy to encourage mothers to breast feed their babies. Parents who turn to use formula milk now have to rush to buy them. No matter how hard these parents have tried, they are unable to buy the two brands of formula milk which their babies have been adapted to. What should they do then? We hope that the Government can expeditiously launch effective measures to solve this problem so as to ensure that parents who need to buy formula milk can get enough for their baby's consumption for a month. If the Government has any effective measures, it should voice them out expeditiously so as to ensure that food supply to babies will not be cut. To them, they do not have other food replacement.
Moreover, the Democratic Party supports that legislation be introduced to regulate against false and misleading contents of infant formula advertisements and that no claims should be made in such advertisements if the infant formula has not undergone any clinical science laboratory testing. We also support that legislation be introduced as soon as feasible to regulate nutrition labels of formula milk and infant food products. We find it necessary to introduce legislation so as to ensure that ingredients in formula milk are fully in line with the nutrition standards laid down by the World Health Organization.
There are many other problems under the portfolio of the Food and Environmental Hygiene Department, such as the demand and supply of columbarium. The Government under CY LEUNG cannot solve the housing problems of the living; nor can it solve the housing problems of the dead. The demand and supply of columbarium have been plaguing Hong Kong for a long time. The Democratic Party calls on the Government to expeditiously bring private columbaria under regulation and introduce legislation to impose a licensing system. In the interim, the Government should launch a mechanism requiring prior application before operation of such columbaria. It should also step up efforts to combat and replace unauthorized columbaria and monitor their sales approaches, so as to prevent private columbarium operators from expanding their unauthorized business. The most important of all is that the Government should allocate sites for constructing columbaria and set this as a guiding principle. However, according to the present development pattern proposed by the Government, such columbaria will not be available until 2022. In other words, the living people are waiting for housing and the dead for niches, all in LEGISLATIVE COUNCIL ─ 1 February 2013 6157 vain. This problem will not be solved until 10 years or more. It is simply too slow.
Let us brush aside the problems of people and talk about animals. Animal rights are another issue which is of concern to us. We have requested that animal police be put in place, but the Government has yet to respond to the proposal. We hope that the authorities can expeditiously provide us with sound proposals on these problems.
Thank you.
DR JOSEPH LEE (in Cantonese): President, I am going to talk mainly about healthcare issues. A colleague has said just now that the twin-track healthcare system is the main axis of the healthcare policy featuring in the Policy Address delivered by the Chief Executive this year. In fact, this is a continuation of a long-established practice.
We all see the situation of public healthcare services and colleagues have also pointed out various problems. As for public healthcare services, the Secretary has now undertaken to increase services such as providing additional services for treatments for stroke, heart disease and even kidney disease. This is a good thing. No one would like to see any more nylon beds or cases in which a patient would be provided with a proper bed only when he showed signs of shortness of breath, a phenomenon that occurred three decades ago when I was a new entrant to the medical profession. This is surely a good thing. Now, the Hospital Authority (HA) requires about $2 billion each year for everyday needs. Five years later, it will require $10 billion. It may receive a grant of around $54 billion five years later, or more than $54 billion in amount if services to be increased are taken into account. By that time, what can we do? Of course, we welcome the enhancement of public healthcare services. But the problem is that enhancing public healthcare services is tantamount to strengthening a publicly-funded subsidization system. The Government has further said that we may try public-private partnership under the twin-track healthcare system, such as using public funds to subsidize patients who are awaiting treatment or have choices to receive private healthcare services. We also welcome such a move on the part of the Government. I would like to ask the Secretary if the whole concept of the twin-track system for public and private healthcare sectors is 6158 LEGISLATIVE COUNCIL ─ 1 February 2013 equivalent to the concept of "money follows patients"; if it is, what role the private healthcare sector should play; whether the twin-track system only seeks to share responsibility for serving the healthcare needs of excessive patients under the public healthcare system or to enable patients who can afford to pay more to receive private healthcare services instead. In that case, however, an interesting yet puzzling question which I cannot figure out will arise. What role should the public healthcare sector play given such good public healthcare services? For example, everyone will agree that if services in various areas are increased, additional manpower for these services provided, and the environment improved, the service quality will be very high. We would say that the Government will introduce the medical insurance scheme for the purpose of healthcare financing. Under the scheme, more choices will be available to the middle class or the better-off with the offer of tax rebates. However, if the quality of public healthcare services becomes better and higher, what should the standard of private healthcare services be then? What incentives are there to induce common folk to receive private healthcare services instead?
Is the Government saying that the concept of "money follows patients" will also be adopted on top of the public and private healthcare sectors encompassed under the twin-track system? That means everyone will have a sum of money offered by the Government. If you choose public healthcare services, you will be provided with public healthcare services. If you take out more money out of your own pocket, you may receive private healthcare services instead. However, a question will arise again. What services may be provided under the private healthcare system? This is exactly the question which warrants our careful consideration. Is there a point we dare not bring up plainly, which is that you may actually receive better healthcare services in Hong Kong provided that you have money? You may choose private-public partnership services and receive better healthcare services with the Government's money offered to you, together with your own money, no matter whether it comes from medical insurance or your own pocket. If that is the case, I think, on the whole, all Hong Kong people will get a clear picture of healthcare services, no matter whether it is provided by the private sector or the public sector. They may check how much money there is in their own pocket and then select the services they will receive. Otherwise, I am afraid that what the Secretary and Chief Executive have said will keep on creating expectations needlessly. Why should there be private healthcare services if public healthcare services are so good?
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Of course, the Chief Executive dare not refer to the medical industry again in this year's Policy Address because he is afraid that when attention is drawn to it, there will be criticisms that the Government channels all good doctors to the private market. There are some bantering remarks in our profession, which are just kidding, "Where can we find the best and most outstanding doctors? They are doing scientific research at universities. Where can we find the most committed and dedicated doctors? They are working under the public healthcare system." These are joking remarks in our profession, which are just for fun, but they also indicate that it is imperative that public and private sectors should be clearly positioned under the twin-track system for public and private healthcare sectors as mentioned by the Secretary. I would like to remind the Secretary that what we are discussing right now is the healthcare policy rather than simple issues concerning the increase of hospital beds and healthcare personnel. If private and public healthcare sectors are not clearly positioned, I don't know how I should use the money in my pocket. If the approach of "money follows patients" is adopted, members of the public will know whether they should choose the public healthcare sector or the private one. So will they know the respective standards set for the public and private healthcare services, as well as the respective expectations they have for each of the services. Otherwise, it will cause confusion and lead to unnecessary social differentiation. Despite the absence of policy agenda this time, it is hoped and we would like to see the Secretary will, in working out policy details, set the positioning and service standard for the public healthcare market under the twin-track system, thereby really facilitating healthy development of the private and public healthcare sectors. Sometimes, we would ask jokingly whether the Secretary might request the Financial Secretary to first earmark $10 billion in the coming five years as additional fund for the healthy growth of HA, and when new services were introduced, supplementary appropriations would be made. In that case, the question I have referred to just now will arise. We certainly welcome services which are really good. However, under such circumstances, what standard should public healthcare services reach? What standard should private ones reach? Secretary, this is a very important question which warrants your careful consideration.
We have been talking for quite a long time, and even so we are still talking about tertiary healthcare services, namely treatment. In fact, Hong Kong has a population of over seven million. I believe that over six million of them are still very healthy while hundreds of thousands of them have functional health 6160 LEGISLATIVE COUNCIL ─ 1 February 2013 problems, meaning that they have some illnesses which do not cause them much trouble and they are ambulatory. Only a small minority of the population have to be hospitalized for treatment. We have been talking for such a long time and speaking of so much money, but even so we are still talking about treatment services at the tertiary healthcare level. In fact, Secretary, have you considered the need to develop intermediate and basic healthcare services under the entire twin-track system in addition to tertiary healthcare services? As what some Members have said just now, why women of certain age groups are not covered under the vaccination scheme? For example, neither vaccinations against cervical cancer nor mammography screening are provided to these women.
Men may have health problems, too. Last night, when I taught Liberal Studies, I said that people of my age might have problems while urinating. To put it more vulgarly, we could no longer "shoot through the wall" as we used to do. Instead, we had our urine dripping down onto our shoes. Why would this happen? It is because our prostate glands might be enlarged when we have lived to such an age. These diseases can be detected through check-ups. As regards health screening at the intermediate healthcare level, whatever age group or gender a person belongs to, he or she will have some unique needs in terms of health check-ups and disease prevention. Secretary, should we consider making better use of the public-private partnership system or the concept of "money follow patients" to better run the healthcare screening services, such as providing annual body check-ups, vaccinations and preventive check-ups, if the concept of "money follows patients" is to be implemented fully with the mode of public-private partnership under the twin-track healthcare system? Should there be early diagnosis, patients will be able to receive early treatment and recover, thereby reducing the pressure on tertiary healthcare services. It is really disappointing and worrying that no mention has been made of intermediate healthcare services since the introduction of the twin-track healthcare system.
Furthermore, what we are talking about is primary healthcare services, in addition to tertiary and intermediate ones. Primary healthcare services do not merely mean seeking consultation with doctors. There is no doubt that it is important to seek consultation with doctors. But it is only when you are sick that you need to see a doctor. If you are not sick, there is no reason for you to do so. What is meant by primary healthcare services? We mean health promotion, health education and disease prevention. Who are the experts in these areas? There are many experts in the Department of Health (DH) which LEGISLATIVE COUNCIL ─ 1 February 2013 6161 comprises only a small number of staff members but it is tasked to look after the health of over six million people. Secretary, the DH is not only tasked to appeal to members of the public to quit smoking. Although the former Secretary for Food and Health Secretary, Mr York CHOW, did a terrific job by constantly urging members of the public to quit smoking, there are still many grassroots issues such as those of the elderly, dental problems as mentioned by Dr Helena WONG earlier and nutrition problems that need to be addressed. As for school children, providing them with free vaccination alone is not enough. Consideration should also be given to other issues such as how the School Medical Service Scheme should be implemented. The DH is undertaking a lot of work at present but its role has not been mentioned in the Policy Address.
However, if the twin-track system, namely the twin-track system for public and private healthcare sectors, is adopted, does it mean that private practitioners will assume the role of family doctors at primary healthcare level to address the health issues of the whole family, in effect equivalent to giving health protection to members of the public, promoting health, providing health education and preventing diseases? The answer is in the negative. Doctors have their own roles while other healthcare teams take on different roles. We can look at this situation not only from this perspective, but also from the Government's introduction of healthcare vouchers for elderly citizens. Each elderly citizen, including my parents, may go to see a doctor with five healthcare vouchers of $50 each. But I have told them that healthcare vouchers may be used not only to see a doctor, but also for other purposes. If we still put sole emphasis on the concept of treatment in primary healthcare services, we may not, in effect, really prevent diseases and promote health.
Secretary, it is hoped that when you further study other details, you will put the idea of the twin-track system into practice for primary healthcare services as well if this idea is to be fully implemented. What about the public healthcare sector? What role should we strive for public healthcare services? What is the role of private practitioners? All these should be made perfectly clear. Otherwise there will be much confusion. It will turn out that no one knows how public and private healthcare sectors should operate respectively.
Now let me turn to the issue of mental patients. About ex-mental patients, I entirely agree that they should be allowed to undergo rehabilitation in the community, which has been advocated since 2000. Many things happened in 6162 LEGISLATIVE COUNCIL ─ 1 February 2013 the past. The hottest topic for discussion right now, for example, is the issue about case managers. We surely welcome case managers. We have absolutely no doubt about the current work of the 122 case managers who are very effectively assisting mental patients to undergo rehabilitation in the community. However, the question is: what kind of case managers do we want under the current situation of manpower shortage; should they be professionals? That would mean they will be provided with professional training or retraining after they have received basic healthcare training so that they can assist mental patients to undergo rehabilitation in the community on a professional and targeted basis. Or, in the face of manpower shortage at present, should we first satisfy the demands regarding the quantity of manpower by recruiting more manpower first? This is a worrying question.
We surely appreciate the substantial resources required for the rehabilitation of mental patients in the community. One case manager cannot make it alone. It is highly undesirable that each case manager is presently required to take care of some 60 to 80 patients. The Policy Address even points out that community rehabilitation services will have to be extended to other communities. We are also concerned whether there is enough manpower to carry out the work concerned. Therefore, it is hoped that the Secretary will stop and think how the Government can, in working out the details of the relevant policy, put greater effort into the rehabilitation of mental patients so as to strike a balance among all complementary efforts ranging from caring for case managers and patients to looking after the family members of patients to enable mental patients to undergo rehabilitation in the community with peace of mind.
Lastly, I would like to raise one more point, and that is the manpower problem, which has been discussed for many years. President, I still have three minutes to speak. The manpower problem is insurmountable. Why so? This is because no matter to what extent manpower will be increased as said in the Policy Address, it will be of no avail. It is said in the Policy Address that the Government will provide 100 and 40 additional places for medical degree programmes and nursing degree programmes respectively. But I would like to ask the Secretary when these doctors and nurses will be available. Secretary, let me answer this question for you. These 100 doctors will not be available until 2019 because they are required to receive training for six to seven years. It will take five years to train a nurse. That means these nurses will not be available until 2018. Some journalists asked me whether there would be enough LEGISLATIVE COUNCIL ─ 1 February 2013 6163 manpower by that time. I did not know how to answer this question, so I said I did not know. Why so? This is exactly because of the unclear positioning of public and private healthcare sectors. The manpower requirements for healthcare personnel in tertiary, intermediate and basic healthcare services are unknown yet. We have neither a ratio nor a yardstick against which we can take measurements. The case now is simply that a little bit more will be given if it is found insufficient. But it will have to take a few years to make it. What will happen if it is found sufficient already? Is it necessary to make a slight reduction? The Secretary will further say that we should rest assured because there will be committees which will be announced in the third quarter of the year. I understand that it does not matter whether we use committees or whatever means to rule Hong Kong now. In short, Secretary, it is hoped that first of all, you will position private and public healthcare services clearly under the health policy. After a clear plan has been drawn up, you will know how many doctors, nurses and members of other healthcare teams will be required in Hong Kong in the coming five to ten years. Only in this way can the twin-track system for public and private healthcare sectors in Hong Kong be developed. Otherwise, our situation will return to that described several decades ago in which one pair of hands took care of 12 patients, which was surely too bad when compared with the situation where one pair of hands takes care of six patients only. However, if public healthcare services at best will only be run in this way, we can do nothing about it. Should we be like this? This is something we do not wish to see. It is hoped that the Secretary will, in compiling reports or working out policy details in the future, conduct healthcare manpower planning in the light of the positioning set under the relevant policy, in recognition that sufficient manpower cannot be included in the planning until the positioning for public and private healthcare services under the twin-track system has been determined and clarified.
It is hoped that when we are admitted into hospital at old age in the future, we need not say that we have shortness of breath before obtaining a hospital bed, or when I press a button, a doctor or a nurse will come to see me, rather than being asked to sleep on a nylon bed when they find me having only a temperature without much trouble. It is hoped that the phenomena that occurred three decades ago will not recur. However, this does not mean that when public healthcare services are run well, private healthcare system cannot be developed. It is hoped that the Secretary will consider whether the policy of "money follows patients" will be implemented at all? Is healthcare regarded as a concept of 6164 LEGISLATIVE COUNCIL ─ 1 February 2013 welfare in Hong Kong? If the answer is in the affirmative, please spell it out. When public and private healthcare sectors are clearly positioned and the respective standards for them are specified, members of the public will have reasonable rather than unwarranted expectations for these services.
Thank you, President.
MR KWOK WAI-KEUNG (in Cantonese): President, I would like to start with landfills under the policy area of Environmental Protection. Although it is said in the Policy Address that landfills will not reach saturation until 2020, I must reiterate that the capacity of Tseung Kwan O Landfill was to reach saturation this year. Failure of the Government of the last-term in properly carrying out waste separation, recovery and recycling, has led to poor results of environment measures in the past. The Government of the current term, having turned a blind eye to the objections of local residents when it took office, dogmatically extends the usage of Tseung Kwan O Landfill to 2020. Residents in Tseung Kwan O have thus borne the brunt, in particular the problem of dust. Many residents have relayed to me that if they opened the windows in the morning, there would be a thick layer of dust covering their home at night. Because of the Government's decision, the residents continue to be tormented by this problem and the air quality is also affected.
President, according to a report titled Monitoring of Solid Waste in Hong Kong, waste recovery in 2011 reached three million tonnes, roughly accounting for half of the total wastes generated, and almost all of them were exported, with only about 10% recycled locally. Despite the fact that the exported wastes have brought $8.2 billion in revenue to Hong Kong, this approach relies too much on foreign markets, adding an unstable factor to the effectiveness of our waste recovery. Let's take a look at plastic recovery. The quantity of plastics recovered in 2011 substantially reduced by 46% when compared with that of 2010, mainly because the European countries had scaled back buying our recovered plastics amidst their economic downturn. This exemplifies that over reliance on foreign markets to import wastes from Hong Kong is undesirable.
In a nutshell, the recycling rate in Hong Kong is too low. Why did the Government not adopt an employment-oriented development strategy as proposed by the Hong Kong Federation of Trade Unions (FTU)? Why did it not LEGISLATIVE COUNCIL ─ 1 February 2013 6165 vigorously take forward green collar industries? In his election manifesto, Mr C Y LEUNG stated that he would implement proposals to reduce, recycle and properly treat waste and promote development of the recycling industry. He has given us much hope when he said so. We expect that he would also be mindful of the demand and supply. Much to our regret, all that he has mentioned in his election manifesto is the Waste Producer Responsibility Scheme, focusing only on how to levy charges, instead of developing the recycling industry. This is nothing more than empty talks. In the Policy Address this year, he only stated that suitable berths at the public cargo working area would be identified for bidding by the recycling industry for their exclusive use. But the problem is that bidding would increase the operating costs of the recycling industry, which in a way creates obstacles for members of the industry. If the Government wishes to encourage the development of the recycling industry, it should avoid adopting the mechanism of bidding, in which the bid goes to the highest bidder, as the viability of the industry will be threatened if the costs are too high.
President, I would also like to talk about the local demand. At present, 10% of the recyclable wastes recovered are mostly used for producing eco-blocks, or possibly for producing fish feed and fertilizer in the future, and so on. However, can the Hong Kong market use up all these recycled products? It seems unlikely. If so, how much effort would the Government make to promote technological research in this regard? The quantities and values of our recycled products can only be brought up by a multitude of green products. Besides, local employment can also be boosted through the green collar industries. Hence, the FTU proposes that the Government should expeditiously join hands with the business sector, the academia and members of the industry to examine and formulate relevant policies and step up technological researches to build up local strengths, so as to enable our green collar industries to transcend.
President, apart from waste reduction at source, proper waste separation and recovery is another means to reduce wastes at landfills. However, we are of the impression that education in this regard is insufficient. The authorities must step up their efforts in assisting green collar industries and technological researches. Only in this way can the concept of recycling economy be genuinely materialized.
Moreover, I wish also to talk about measures on diesel vehicles. Although the Government will set aside $10 billion to assist diesel vehicle owners 6166 LEGISLATIVE COUNCIL ─ 1 February 2013 to switch to a less polluting model, I hope the authorities will practically consider the difficulties faced by the industry, which have just been cited by Mr Frankie YICK. I hope that the authorities will not take away the livelihood of the workers or force them to early retirement in the name of environment protection. This does not correspond to our concept of environmental protection.
Last but not least, I would like to talk about light pollution. We are probably proud of Hong Kong being the Pearl of the Orient, but this emblem has now become a great burden to us under the need to protect the environment. Hong Kong has gradually turned into a city of no nightfall. We may have learnt from wide news coverage earlier that many estate agent shops do not turn off their lighting when they are closed at night, and dazzling LED advertising signs can be found on the street. In fact, these advertising signs are not intended for the pedestrians, but for people looking from afar. Pedestrians just taking a glimpse of the advertising signs above will be dazzled. I have experienced the same before.
The Government on the one hand advocates energy conservation and waste reduction, emphasizing the need to conduct studies on the electricity tariffs of the two power companies and the progressive tariff structure, but on the other hand, it allows electricity being wasted by large advertising signs or shops which keep their lighting switched on after business hours. Why does the Government not expeditiously impose regulation to require these shops to turn off their lighting after business hours? These are practical efforts which the Government should make to conserve energy and reduce wastes. We have been paying too much attention to issues that are peripheral to the issue affecting us most directly. Why do the authorities not do more in this regard?
I hope the Government can step up its environment measures in respect of waste reduction and energy conservation. Thank you, President.
MS CLAUDIA MO (in Cantonese): President, in the Policy Address, not a word is mentioned on animal rights. Since animals do not speak, we speak for them.
Some may think that Hong Kong is at a mess. Even problems faced by humans cannot be addressed properly, let alone those related to animals. However, we have a fundamental belief that if a baby and a cat are drowned at the LEGISLATIVE COUNCIL ─ 1 February 2013 6167 same time, it is natural for us to rescue the baby first. But after rescuing the baby, we should not consider that the cat is nothing and does not require our attention. We often saw on television that during the forest fires in Australia, the local fire fighters, after rescuing humans, saved also the lives of animals, such as pigs, cattle, horses, goats and sheep. Such scenes came one after another in the shots. They were very touching. By contrast, in Hong Kong, ways to abuse animals are numerous. We may have learnt some of those from the news reports. Such cruel and bloody means of abuse made us furious and stunned.
The Animal Watch Scheme (the Watch Scheme) launched in Hong Kong is jointly managed by the Agriculture, Fisheries and Conservation Department (AFCD) and the Society for the Prevention of Cruelty to Animals. Apparently, it does not work. President, the Watch Scheme does not work. I hope you don't mind my speaking English because it is a colloquial expression in Hong Kong. The Watch Scheme does not work. There is a famous quote from Mahatma Gandhi of India that "the greatness of a nation and its moral progress can be judged by the way its animals are treated".
In Mainland China, the issue of human rights is out of the question, let alone animal rights. Is the situation better in Hong Kong? Only slightly better. However, not a word is mentioned in the Policy Address about animal rights. Now, I talk about animal rights in front of a doctor, Dr KO Wing-man, because one of the themes of this debate session is "food safety and environmental hygiene".
President, the newspaper reported today that Mr C Y LEUNG invited cat and dog stars …… no, he only invited dog stars …… to the Government House to perform for cheering up the elders. Some may think that the issue on "animal rights" is merely about putting their arms around little dogs for photo taking; some may think that this is an issue about the ability to attract votes; and some may think that the issue is proposed to please the middle class. Nonetheless, all these are wrong.
Concern for animal rights originates from the sense of affection between humans and animals, especially dogs and cats. Humans tame dogs and cats and treat them as friends. We often bring them with us as our companions. We assume greater responsibility for them.
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Nevertheless, it is for sure that AFCD operates behind closed doors. AFCD met with the community organizations earlier to brief them on the consultation of the bill concerning the breeding of pet dogs and cats …… cats are not included, only dogs …… by private pet owners. The community organizations suggested abolishing the proposals of AFCD because they had ways to eradicate the breeding activities of pleasure-seeking private breeders by turning them away. Whether the Government accepts the suggestions of the community organizations is not the heart of the matter. The question is that the officials of AFCD simply ignored their views without giving any explanation. Both sides then turned hostile and the meeting ended with a sour note. Why did such a situation occur? It was because the consultation was a sham.
President, I would like to sincerely reiterate one point. I know that the community organizations have raised their views repeatedly and have staged processions, but the Government does not take heed of their views. Although some ten thousand people joined the processions to fight for animal rights, Mr C Y LEUNG turned a deaf ear to their pleading. For the past few years, requests have been made by the community organizations to set up a police squad to investigate animal abuse ― this is not proposed by political parties, but by the organizations for animal rights ― however, some people consider the idea to be nonsense. They say that the police are responsible for arresting criminals, and how come they should be held responsible for protecting animal rights?
In fact, there is misunderstanding in it. The community organizations are not undermining the dignity of police by requesting them to be responsible for protecting animal rights. Not the least of it. Our request is petty. We just hope that in the initial stage when the "police squad for animals" is established, a team comprising three to six members will be set up in at least one police station in each of the 18 districts. It is preferable that the team members are caring for animals and have better knowledge in animal rights. Their duties in arresting criminals are still performed at usual times, but when animal abuse cases occur, they will take immediate follow-up action.
President, a similar squad has been established exclusively in Mong Kok Police Station, although it is not widely known. As three to four officers can be selected to handle animal abuse cases in Mong Kok Police Station, why can't the other police stations do so? In response to the enquiry of the community organizations, the police said that they would discuss the matter with the Food LEGISLATIVE COUNCIL ─ 1 February 2013 6169 and Health Bureau. I know that Dr KO Wing-man is very busy because issues such as supply of infant formula, avian flu crisis and medical incidents are under his purview. However, this is a problem relating to the establishment. When I asked Dr KO previously, he said that he would discuss the matter with the Security Bureau. I hope that Dr KO will respond to the request of the community organizations regarding the establishment of a police squad for animals. We are fighting for animal rights again.
President, I reiterate that since animals do not speak, we speak for them.
Thank you.
MR KENNETH LEUNG (in Cantonese): President, Chapter V of the 2013 Policy Address talks about environmental protection and conservation. I would like to focus on environmental protection, especially the air quality problem. The direction of environmental policy proposed in the Policy Address is right. This is the only part which is satisfactory in the Policy Address.
Report No. 59 of the Director of Audit contains two chapters on air quality. The report points out that there are three sources leading to the poor air quality in Hong Kong: first, vehicles on the roads; second, marine vessels; third, power plants. The air quality objectives (AQOs) in Hong Kong have been established since 1987, but a new set of AQOs has yet to appear. The air quality in the annual assessment has never met AQOs since 1987.
Certainly, I have learnt from the Policy Address that the Government will introduce a new set of AQOs in 2014. The Policy Address also points out that Hong Kong will broadly meet the new AQOs in 2020. However, I have to point out that among the seven indices adopted by the new AQOs, three of them
(namely ozone, suspended particulates PM10 and PM2.5) do not meet the ultimate standards of the World Health Organization. I hope that the Government will strengthen the work in this aspect.
As I said earlier, the sources of air pollution include vehicles, marine vessels and power plants. I would like to talk about the pollution from vehicles. Many Members have spoken earlier on the subject of replacing old diesel commercial vehicles, which is also mentioned in paragraph 136 of the Policy 6170 LEGISLATIVE COUNCIL ─ 1 February 2013
Address. The Government proposed similar schemes in 2007 and 2010. In 2007, the replacement rate of commercial vehicles was only 29%, while in 2010, the response was even worse, with the rate of replacement having dropped to just 11%. I am glad to hear that the Government will set aside $10 billion to replace all pre-Euro, Euro I, Euro II and Euro III diesel commercial vehicles. Indeed, in this Chamber, a number of Members are worried that such a scheme may render some members of the trade jobless. In my view, since a surplus of more than $40 billion has been recorded, and if the $10 billion currently allocated is not sufficient, the Financial Secretary may raise the funds to $20 billion in order to implement the scheme of phasing out diesel commercial vehicles successfully, may he not?
Second, I would like to talk about the pollution from marine vessels. According to paragraph 140 of the Policy Address, the Government will make laws requiring all marine vessels at berth to switch to cleaner fuels, that is, low-sulphur diesel. However, the legislation regulating the fuels used by marine vessels in Hong Kong has not even adopted the standards set by International Maritime Organization (IMO) in 2005, and a new set of IMO standards was promulgated in 2010 requiring marine vessels to use low-sulphur diesel. I hope that the Government will make laws in this legislative session to implement the IMO emission standards. Moreover, I also hope that the Government will speed up its discussion with the Guangdong Provincial Government on turning the Pearl River Delta region into a low emission zone. In other words, marine vessels entering the Pearl River Delta region must use better and low-sulphur diesel.
Furthermore, Kai Tak Cruise Terminal will be commissioned by the end of this year. However, I do not understand why on-shore power supply facilities were not included in the planning of the Terminal. There is a population of 280 000 around Kai Tak Cruise Terminal. If the cruise vessels use their diesel fuels to generate electricity when berthing, it will cause serious air pollution. Although the Policy Address points out that the Government has commenced its study on the installation of on-shore power supply facilities, I consider it a dereliction of duty on the part of the Government not considering such facilities when Kai Tak Cruise Terminal was under planning.
Third, I would like to talk about the pollution from power plants. Emissions from the power plants are serious. Two-thirds of greenhouse gas emissions in Hong Kong come from the two power plants, which release 50% of LEGISLATIVE COUNCIL ─ 1 February 2013 6171 sulphur dioxide and 25% of nitrides. I have learnt that the Third Technical Memorandum for Allocation of Emission Allowances in respect of Specified Licences will come into force in 2017. However, 23% of electricity consumed at present comes from nuclear power. Out of the remaining 77%, only 29% comes from natural gas while the rest (71%) is still produced from coal.
The Government has long been talking about establishing a long-term energy policy, but nothing has been done so far. To formulate an energy policy, the Government has to explore ways to generate and supply electricity in the future, and the source of energy for producing electricity in the long run. Certainly, as for short- and medium-term planning, maximizing the use of natural gas to replace coal in power generation is something to be hoped for. However, in reality, the natural gas reserve in the South China Sea is nearly depleted. The natural gas we use in the next few years will be transported by pipelines from Central Asia, and the cost will be expensive. Unless the Government undertakes to subsidize the cost, the public will have to pay high tariffs in the future.
We definitely cannot avoid the issue of nuclear energy when discussing energy policy. The issue itself is controversial, but unavoidable in the discussion of energy policy. There are two trends in the world. After the nuclear disaster in Fukushima, Germany took the opportunity and declared the abolition of nuclear power. On the contrary, many countries continue to implement safe nuclear power schemes. What is the policy adopted by Hong Kong in respect of the utilization of nuclear power? The Daya Bay Nuclear Power Plant will probably be out of service in 10 years. Whether we will use nuclear power again in the future? Or whether we will encourage the use of other types of renewable energy? This requires long-term planning. I hope that the Government will commence its study in a down-to-earth manner.
Lastly, I would like to talk about the problem of light pollution, which has been mentioned by some of my fellow Members. This problem is actually very serious. A study conducted by the University of Hong Kong in 2009 revealed that the light level in the night sky of places like Mong Kok and Wanchai was 500 times of that in Sai Kung. In 2009, the government departments received 389 complaints about light pollution. In fact, not only does light pollution waste the energy, it produces heat island effect in the city. This, in turn, may lead to more electricity consumption in air conditioning. Certainly, light pollution also impairs our eyes, affect our quality of sleeping, and in the long run, affect our 6172 LEGISLATIVE COUNCIL ─ 1 February 2013 health. I recall that the Secretary for the Environment Mr WONG Kam-sing phoned me the next day I was elected as Legislative Council Member. He asked me which environmental issues needed attention. I told him that light pollution was an issue worth examination and legislation.
President, I so submit.
MR WU CHI-WAI (in Cantonese): President, this Policy Address devotes 17 paragraphs to environmental protection and conservation issues. Undoubtedly, the discussion is quite substantial.
As noted from the relevant paragraphs, the task of turning "Hong Kong into a healthy, low-carbon and resource-saving metropolis that is in harmony with nature" can be achieved by simply committing more resources for environmental protection. However, when we examine the specific measures mentioned in the Policy Address, we may wonder how many of them are really heading towards that direction. On the issue of improving air quality, we see that the existing air quality objectives, which have been established since 1987, may be revised in the future. However, we will not meet the preliminary air quality standard of WHO until 2020. Is it possible for us to accelerate the process of review and amendment?
Regarding roadside pollution, we see that the Government proposes to spend $10 billion on replacing old diesel commercial vehicles. Nevertheless, it seems that the Government has neglected an important issue in relation to the overall public transport system and means of public transport. Paragraph 137 of the Policy Address says that "the next seven years will be bumper years for railway development in Hong Kong", and it is an opportune time to "optimize our public transport systems". It is disappointing that with such a promising perspective or vision, not a word has been mentioned about how the Government will rationalize the public transport systems in Hong Kong, how the functions and duties will be divided among different transport systems, in particular, how the concept of bicycle- and pedestrian-friendly planning will be incorporated into our public transport systems in order to achieve low-carbon living. We do not see any of these.
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What we see is only a piecemeal solution, such as more railway constructions here and more supporting bus services there. But how can they be rationalized? How can various means of public transport be integrated? We do not see any of these. Will the Government inform me how it will integrate various means of transport in order to build an efficient transport network in its efforts to promote green living and green transport? What we see now is a long queue of buses as we go to places like Central, Causeway Bay and Mong Kok. This problem should really be addressed. Yet, we do not see any measures in this regard.
Promoting electric vehicles is part of the efforts to encourage low-carbon living. At present, there are only 310 electric vehicles running on the roads of Hong Kong and 1 000 charging points in the territory. What specific measures will the Government put in place to push ahead with its works in this area, such as increasing the number of electric vehicles, encouraging their usage and introducing more types of electric transport means? We notice that electric bicycle has become popular in Mainland China. With the development of a bicycle network under a bicycle-friendly policy, electric bicycle will effectively become a remarkable choice among various means of transport. Instead of forcing us to choose from the existing transport means such as MTR, buses or mini-buses, can we have more choices?
To be a favourable place to live, I consider it important to have the right to choose in our daily life, either at work or for leisure. We should not be forced to use the existing mass transit systems. I sincerely hope that the bureau secretaries will step up their efforts in this area, especially the Secretary for the Environment Mr WONG Kam-sing, who should promote his views among different bureaux in order to solicit more support and resources in building up a pedestrian- and bicycle-friendly community in the process of promoting low-carbon living. We have been to many European cities before. Why do the people there enjoy their lives so much? One of the reasons is that diversified means of transport are provided on the roads with emphasis on pedestrian and bicycle friendliness, instead of merely focusing on developing a convenient traffic network for various means of transport on the roads, just like what we do now. Is it the best way?
Over the past decade or so, Hong Kong has faced traffic problems and many solutions have been proposed. Certainly, building roads is one of them. 6174 LEGISLATIVE COUNCIL ─ 1 February 2013
Many roads have been constructed. However, to promote the concept of environmental protection, as well as that of low-carbon living, another concept is very important too, that is, the maximum number of vehicles for transportation that our community can accommodate. Is it necessary for us to consider whether a limit should be set in Hong Kong to restrict the number of private vehicles or public vehicles? Today, a first step is taken. A service life limit of 15 years is to be set for new diesel vehicles. Should similar measures be applied to other vehicles? This is the first point. Second, should we review whether there should be an unrestricted growth of private vehicles in the territory? Is any adjustment needed? As for the direction of adjustment, we should discuss the issue together. If such a limit cannot be set, the long-lasting problems resulted from urban development, such as traffic congestion, insufficient roads, and overcrowding as a result of more road constructions, will arise. What should we do then? This brings us back to the question of whether the city is a favourable place to live. How do we address the problem?
I hope that the Environment Bureau will put more efforts and take the lead in these areas. We all know that whether Hong Kong is a favourable place to live is an important factor to attract talents and capital globally. However, how can we make Hong Kong a favourable place to live? It is not enough if we just, say, committing more resources to replacing old vehicles or promoting the use of cleaner diesel among vessels. Of course, they are important, but they alone are not enough. There are many conditions for a city to be considered a favourable place to live. I hope that the Secretary for the Environment will take a leading role in promoting that low-carbon living is a key condition for a city to be a favourable place to live.
While the varieties of means of transport is an element of low-carbon living, public awareness of energy saving is another. This requires the support of buildings as well. For example, the concept of introducing district cooling system (DCS) in Kai Tak Development Area is good. Is it possible to promote DCS to large commercial centres? DCS ensures that the cooling process is managed and controlled at certain levels. DCS is also a relatively effective system which enables energy saving. As mentioned just now, electricity consumption is one of the three main sources of air pollution. As such, if we cannot suppress the demand for electricity, we will face another problem. How can we tackle it? As this continues, the tariff will go up when the demand for electricity accelerates. How can we strike a balance? In my opinion, it is LEGISLATIVE COUNCIL ─ 1 February 2013 6175 advisable to set some objectives for the power plants so that they will impose controls on the production of electricity. The energy saving standard of power plants should be a critical agenda in the future interim reviews.
So much on this part, and I would like to talk about the cultural development approach of the Home Affairs Bureau. The Government's cultural development policy tends to adopt a "sample buying" approach by allocating huge resources to "buy" some performances of well-established arts groups. Consequently, some leading arts groups come to Hong Kong. However, can cultural development of our society flourish because of them? We should be concerned whether resources are available for cultural development at the community level.
It has been reported that the public funds set aside for cultural development are more than $3 billion each year. But let us think about it. How much resources are directly allocated to cultural development at the community level? Among those available for use by the community, how many have been allocated to the District Councils for funding various activities, say Chinese opera performances? Can all these efforts promote the audience's appreciation for arts in the community? Indeed, a review is needed on all these aspects. At this point, I hope that the Home Affairs Bureau will conduct a review on the matching grant system to see if it gives extras to large arts groups but (The buzzer sounded) ……
PRESIDENT (in Cantonese): Mr WU, your speaking time is up.
MR WU CHI-WAI (in Cantonese): …… not a timely help for the poor and small groups. Thank you, President.
DR KENNETH CHAN (in Cantonese): President, this morning I will continue to talk about the public views towards the Policy Address, a late and overdue homework of LEUNG Chun-ying. Let us first deal with health, food and environment, which fall under the portfolio of Secretary KO Wing-man. They are so closely related to our life that we need to seek attention and policy support from them from the cradle to the grave and in every aspect of life including birth, 6176 LEGISLATIVE COUNCIL ─ 1 February 2013 ageing, illness and death. There are a milk bottle and an ash container before me. Let me talk about the columbaria first.
This problem has been dragging on for years. The Civic Party is particularly concerned about the illicit and illegal commercial activities derived from the problem of inadequate supply of public columbarium niches, and the fact that these unauthorized columbaria have sprung up everywhere in Hong Kong. I have joined the fight of the Coalition of Claimants against The Shrine recently. Yet, the operator has gone so far as not to offer any explanation or take any follow-up action whatsoever after it has changed into several different names and switched its shares. Thus, we are worried whether the legislation now under discussion will let go these unscrupulous traders.
Recently, it has been revealed that these operators not only sell niches of unauthorized columbaria, but also encouraged purchasers to become sales persons by engaging themselves in pyramid selling activities. So, apart from writing papers and conducting data analyses, you officials really ought to spend more time listening to the views of these "victims" and those consumers who have filed their claims before deciding on how to put these unauthorized columbaria under regulation and even enforcing a ban on them.
On the subject of infant formula, I have reminded the Secretary at the meeting of the Panel on Food Safety and Environmental Hygiene held on 21 January that I was "scrambling for baby formula" too. The milk bottle before me, which is empty of milk, tells the problem and predicament faced by many local parents who have to "scramble for baby formula" desperately day and night. No matter what policies and measures are put in place, the Civic party's concern is whether the needs of local people are continuously and adequately met. In terms of price, we do not wish to see any price jacking and stockpiling by unscrupulous traders. In terms of supply, it should be stable and sufficient and the points of supply should be convenient to the public. If the Government fails to solve the problem of local parents with all its policies or those "measures" introduced today, this Government is a "failure of failure".
Today people are snapping up baby milk powder, and tomorrow they may snap up baby powder, and the day after tomorrow they may snap up washing powder. Maybe the only thing that nobody wants is "LEUNG's fans". LEUNG Chun-ying's Policy Address is based on a concept which comes from his LEGISLATIVE COUNCIL ─ 1 February 2013 6177 election manifesto, in which there is a paragraph worth noting, "We will request the Central Government to extend the "Multiple Entries per Year" arrangement currently available to Shenzhen residents under the Individual Visit Scheme to cover other cities in the Pearl River Delta. We will enhance clearance efficiency at our border checkpoints to facilitate Pearl River Delta residents progressively changing the nature of their visit from occasional tourism to frequent visits for daily consumption spending". The "Multiple Entries per Year" arrangement under the Individual Visit Scheme policy should be reviewed at once, lest it will have a very great impact on our life.
Let me turn to environmental issues. The Civic Party definitely supports the recycling industry and hopes that the Government will put in more efforts on recycling. As outlined in the blueprint for municipal solid waste (MSW) management under discussion, if the recycling industry does not work well, and if the waste reuse and waste-to-energy do not work well, there will only be more resistance to any discussion on incineration plants and landfills. While the Government has indicated support for the recycling industry, we have heard from tenants of the EcoPark that a pier has been built in Tuen Mun but there are no supporting facilities, not even a crane, forcing them to use the piers elsewhere. As so many years have passed, the Bureau should give regard to this issue.
Recently, some green groups have specifically raised the issue of wood recycling with me. According to them, each day there are some 60 tonnes of high quality wood in container terminals which can be recycled for reuse but are transported to landfills for disposal instead. The Secretary is obliged to tell the residents in Tseung Kwan O and those affected by landfills that they have to continue to endure a huge amount of MSW and that recycling would have worked very well.
As the interim review of the Scheme of Control Agreements of the two power companies is forthcoming, I hope the Secretary will be aware of the importance of public participatory discussion. If you expect the public to understand that the Government and the two power companies are not working out their own deal behind closed doors, you must clearly spell out the messages from now on. Many colleagues have expressed particular concern on whether there will be any energy saving terms and incentives for the two power companies to achieve energy conservation. Perhaps we should start from 6178 LEGISLATIVE COUNCIL ─ 1 February 2013 ourselves. Both the Legislative Council and various government departments should launch energy saving competitions.
Lastly, I would like to talk about the subject of energy mix. I am very worried that if air quality is to be improved, it is very likely that energy mix is one of the conditions. Under the Government's prevailing policy, nuclear energy may still account for 50% in the fuel mix. However, as far as I understand, the Government has indicated that this level should be reviewed having regard to the impact of the Fukushima incident. Therefore, the matter should be brought up for discussion as soon as possible. I believe that by doing so, it will help consolidate different opinions in society and foster a consensus so that the public, green groups and the political parties which care for people's health can get themselves prepared for the electricity market reform in 2018.
Secretary TSANG Tak-sing, I have not forgotten you. As Deputy Chairman of the Panel on Home Affairs, I will keep bothering you. In fact, it has been five years or so since you took up the office of Secretary in 2007. We have had discussions with the sports and culture sectors, local interest groups on sports, cultural and arts development as well as the academic sector, during which we all share the same concern: Can the authorities put in more efforts? The direction, vision and expected outcome of development are like water off a duck's back. Papers have been prepared one after another but they are just repeating the same old cliche. I chase after you because of the review on the governance of the national sports associations (NSAs).
The cash reward for able-bodied athletes and that for disabled athletes are still pitched at the proportion of 1:10. You should address this unfair and discriminatory treatment as soon as possible instead of just saying that you are going to discuss it. I know that you often have discussions at meetings and many groups will come to you for discussion. But what I would like to see is actual change rather than endless discussions merely for the sake of discussion.
I am also worried about the career prospect of retired athletes. Some retired athletes who wish to form sports clubs to continue to contribute their expertise are excluded from the NSAs, and are thus unable to get the necessary venues and time slots. How can they develop their career then?
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The training of arts administrators, the room for creation and activities, provision of financial support and performance venues for small and medium local arts groups are outstanding issues to be addressed. On local culture and local development which we are discussing here, the Home Affairs Bureau does have a mandate which must not be taken lightly.
I would also like to bring up particularly the issue of ethnic minorities. We always say, or perhaps in LEUNG Chun-ying's words, that Hong Kong is "a home to the people". But do they really think that Hong Kong is a home to them? Maybe the Home Affairs Bureau should really give regard and take steps forward to include ethnic minorities in more frameworks for consultation so that there are more new forums for them to effectively express their opinions. It should not adopt a piecemeal, fragmented or snail-paced approach to gauge their views under a number of scattered topics, making it necessary for them to engage in lengthy bargaining with the Government. They are people of Hong Kong and part of Hong Kong.
So, Secretary TSANG Tak-sing, today while we are discussing local sports, culture, arts and racial harmony, many people are in fact struggling. Being the one who is vested with substantial policy formulation power, you should not act slowly any more. I hope you would work side by side with the panel of this Council. We wish to see actual change in the year to come. I also wish that there will be praises and fewer criticisms when we discuss this issue with you in the coming year.
I so submit.
MR MARTIN LIAO (in Cantonese): President, although the past governments have all along proclaimed that they would endeavour to improve the air quality of Hong Kong, the Air Pollution Indices (APIs) are still staying high. Last year, three roadside air quality monitoring stations recorded a total of 3 809 hours with APIs exceeding 100. The roadside APIs in Central surged to a high level again at 153 last week. According to the objectives set by the World Health Organization (WHO), the APIs of two-thirds of the days in Hong Kong last year (that is, more than 200 days) were recorded exceeding the prescribed level of WHO. I understand that the Government encounters substantial challenges in 6180 LEGISLATIVE COUNCIL ─ 1 February 2013 improving the air quality of Hong Kong, but it should put more efforts in this area.
In this Policy Address, it is the first time ― I emphasize that it is the first time ― that I feel the Government is resolved and committed to protecting the environment. Moreover, the proposals on environmental affairs are highlights in this Policy Address. At this juncture, I would like to point out that environmental protection is not the sole responsibility of the Government. To improve the environment, every member in the community should play a role. For instances, energy conservation, water saving, waste reduction, recycling, and so on, should start from individuals. To improve the air quality, Hong Kong has to take appropriate measures to address its own problems, such as those related to fuel mix for electricity generation mentioned by Mr Kenneth LEUNG and Dr Kenneth CHAN earlier. Besides, the authorities have to co-operate with Mainland China, especially Guangdong Province, in order to be effective. In fact, compared with the figures in the past, the current air quality has improved, although the extent is absolutely too small.
As mentioned in this Policy Address, the Government will provide $10 billion as subsidies to phase out some 80 000 heavily polluting diesel commercial vehicles, depending on their pollution level. From 2016 to 2019, the Government will stop the renewal of licences for those vehicles by phases. Such vehicles are, in fact, one of the important sources of air pollution. The scheme will significantly reduce the overall emissions of particulates and nitrogen oxides by 80% and 30% respectively. The Government also proposes to set a service life limit for newly registered diesel commercial vehicles at 15 years. It will also provide one-off subsidy to franchised buses, liquefied petroleum gas taxis and minibuses for retrofitting catalytic converters in the coming two to three years. Moreover, subsidy will be offered for purchasing hybrid vehicles and electric buses. The series of so-called "carrot-and-stick" proposals in this Policy Address are radical and proactive. I welcome the introduction of these policy initiatives as they are beneficial to the community at large. In this Policy Address, the Government raises the amount of subsidy from the previous 18% to 30% of the price of new vehicles. Compensation will also be provided for owners who scrap their vehicles, and a retirement age is set for new diesel commercial vehicles. I hope that the effectiveness of these measures will be seen as soon as possible.
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President, besides air pollution problem, waste management problem poses another imminent risk. At present, 13 500 tonnes of waste are disposed of in landfills each day. All landfills in Hong Kong will be full by 2019. If the Government remains indecisive in this matter, people in Hong Kong will suffer at last. In fact, there is already consensus in the community on waste reduction at source. However, the Government has hitherto neither implemented any specific measures nor formulated any objectives and timetable for waste reduction. If procrastination continues, the remaining possible options will be extension of landfills and construction of incinerators, which are both controversial and may cause pollution to the environment. In my view, the Government should be decisive in launching measures on waste reduction at source and waste recycling.
On the question of waste charging, many organizations propose adopting an approach similar to that in Taipei, whereby the public are required to buy designated garbage bags and dispose of them at fixed hours and locations. In other words, a "dual regulatory" system is adopted in the process of waste recovery. The waste recovery approach in Taipei is very successful. Since its inception in 1999, the waste reduction rate has increased to 65%. It reflects that prohibitive levy is, to a certain extent, effective in reducing waste. Certainly, when such a policy is implemented, it is necessary for the Government to put in place measures such as mandatory source separation in order to promote the habit of separating waste among members of the public and encourage waste recovery. The Government should enhance the existing scheme by setting up "community green stations" to support the waste recovery and recycling business of green industry in all 18 districts. The successful experience in Taipei and Seoul reveals that the targets of reducing waste at source and fostering the development of green industry can definitely be achieved if the Government has determination to do so. It is because the public of Hong Kong are anxious to have a better and more favourable place to live.
President, I so submit.
MISS ALICE MAK (in Cantonese): President, in the opening of his Policy Address, the Chief Executive states that the Government must act proactively to address the concerns of the people promptly. But he is silent on a pressing issue faced by the general public, that is, the effect of inflation on our lives. Inflation, 6182 LEGISLATIVE COUNCIL ─ 1 February 2013 or the rapid rise in prices, affects the lives of not only the grassroots but also the middle class. But regrettably, the Government has failed to put forward any solutions for this problem.
Among the livelihood issues relating to clothing, food, housing and transport, we believe that the issue of food is something you can never avoid when coping with inflation. For clothing, we can cut back on buying new clothes; for transport, we can avoid leaving home. But we cannot do without food. So how are we doing in food? The Hong Kong Federation of the Trade Unions (FTU) has repeatedly raised recommendations on public markets with the Food and Environmental Hygiene Department (FEHD), in the hope that the public would find cheaper places to shop for meat and vegetables that are more reasonably-priced ― nothing more but reasonable. However, a check on the markets in the 18 districts, like what the FTU has done in shopping around and comparing prices in the markets of the 18 districts using the "two dishes and one soup" index it has established, has shown that the prices for the same items sold in markets of districts with lower household incomes such as Tung Chung and Tin Shui Wai are identical to that in districts like Wan Chai, where the median household income is nearly twice that of Tung Chung and Tin Shui Wai. I can only summarize such living conditions with the Cantonese phrase that "Misfortune will infest a man with no money". The effects of inflation on the grassroots are getting worse, but the Government has completely failed to address the issue of public markets.
In the Hong Kong Planning Standards and Guidelines published by the Government, it is found that a proper set of standards did exist before 2009. It was stated that there should be 40 to 45 public market stalls to serve any community with a population reaching 10 000 people, or one public market stall to serve every 55 to 65 households. Regarding the aforesaid standards, however, FEHD simply stopped building markets. It adopted a tactic of "chopping off toes to avoid worms" after being criticized by the Audit Department in 2008 for mismanagement of public markets. Instead, new standards are adopted allegedly to consider factors such as population compositions, business environment, the views of residents and tenants concerned, and the supporting facilities in the localities. Now, years have passed. Should the Government start addressing problems of the public, instead of continuing with this attitude of "chopping off toes to avoid worms" to evade criticism by simply doing nothing?
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If we consider the factors laid down in 2009, including population compositions, the views of residents and tenants concerned and the supporting facilities in the localities, the situation is very clear, given the living and housing conditions of the public from 2009 to present. For example, in new towns such as Tin Shui Wai and Tung Chung, rents for markets and malls in housing estates have soared since The Link Management took over and all the small businesses have been driven out. While small businesses have been struggling all along, residents are deprived of choice. Should we, therefore, reconsider the standards that were laid down in 2009?
Let us take a look at more figures. The full-year inflation was 0.5% when the aforesaid standards were laid down in 2009, but the rate rose to 5.3% in 2010. For years, prices for goods and properties have increased continuously while the public have to dig deep into their pockets as wages have failed to catch up with inflation. Should the Government address the concerns of the people promptly, as the Chief Executive says all the time, by reviewing the relevant standards and follow up on the plans of building markets? Most importantly, something must be done instead of mere studies. Having set up many committees to conduct studies, our Chief Executive is likened by some to a research student, for studying is all he does. We hope that studies would be followed by implementation, including prompt actions to build public markets in new towns so as to solve the problem of high prices faced by the grassroots.
I will then turn to the issue of healthcare, which also falls under the purview of the Food and Health Bureau. Regarding healthcare, we know that the Government has launched the Elderly Health Care Vouchers, and the voucher amount has been raised to $1,000 this year. However, we should not forget that a person can accumulate the voucher amount of $1,000 up to $3,500 only, while one has to reach the age of 70 to be eligible for the benefit. May I ask why the Government segregates our elderly into grades or classes? People between the ages of 60 and 64 are grouped under one class, those between 65 and 70 in another, and those above 70 in yet another. Why cannot these elderly people, who are all Hong Kong citizens, be treated equally? Why are those who have reached the age of 65 and obtained a Senior Citizen Card not given the Elderly Health Care Vouchers? What is the reasoning for it? Will the Government explain to us how a senior citizen of 65 is different from one who is 70 years of age? Why is a particular holder of Senior Citizen Card given the Elderly Health Care Vouchers but another is not? Therefore, I hope the Government would 6184 LEGISLATIVE COUNCIL ─ 1 February 2013 lower the age of eligibility for the Elderly Health Care Vouchers to 65, if not 60, as soon as possible. We also have to face up to the living needs of citizens between the ages of 60 and 64.
Besides, there is the issue of dental care services for the elderly. Here the Government segregates our elderly into groups as well. The truth is that for a harmonious society to be built, government policies must work for social harmony and treat all people equally. First, dental service charges in Hong Kong are on the rise. A senior citizen once told us that in her youth her mother wanted her to marry a doctor or a lawyer as those professions charged high fees in those days. But in the present time when public hospitals and legal aid are available, she would advise her own daughter to marry a dentist instead of choosing a partner from doctors and lawyers. Do you know the charge for denture-fixing? $4,000 or more is the cheapest you can get if you are entitled to subsidies, while a dentist in private practice may well charge you more than $10,000. Elderly people of the grass-roots seeking dental care from government clinics receive only pain killing or end up having their teeth extracted if pain killing does not work. How can they chew their food then? While the Government promotes primary care in which prevention plays an important part, what is the point of talking about disease prevention and nourishment when our elderly cannot even eat? What is the point of preaching about balanced diet when toothless elderly can only eat bean curd for each meal? Should we, therefore, pay attention to the issue of dental health of the elderly?
Upon our efforts of speaking out and appealing for a long time, the Government launched a three-year pilot project on outreach primary dental care services for the elderly in April 2011. Unfortunate for the elderly, the pilot scheme is still fraught with limitations as it applies only to the elderly in residential care homes or day care centres. Do the elderly living in the community not, may I ask, need the service? Why should we classify our elderly not only by age, but also by type of housing? It is hoped that the Government, while promoting the idea of ageing at home, would consider helping the elderly living in the community by providing them with dental care services.
In addition, I will speak briefly on the Drug Formulary while I can. The middle class has a strong need for the Drug Formulary. The fact is that the Drug Formulary does not include a lot of new drugs, either target therapy drugs for treating cancers or psychiatric drugs ― we may well be aware of the increase in LEGISLATIVE COUNCIL ─ 1 February 2013 6185 mental and emotional illnesses in the Hong Kong population. A lot of middle-class citizens are not eligible for other drug benefits such as the Samaritan Fund, (The buzzer sounded) …… they are not eligible for anything, so it is hoped that the Government would expand the Drug Formulary ……
PRESIDENT (in Cantonese): Miss MAK, speaking time is up.
IR DR LO WAI-KWOK (in Cantonese): President, the last Government hoped to achieve some overall success in environmental protection of Hong Kong. However, it could only make a lacklustre performance in this area for a number of reasons, despite some improvement seen in particular indicators such as the water quality of the Victoria Harbour. Little progress has been made in Reduce, Recycle and Proper Waste Management and some other areas, while its efforts on cleaning up the air were a clear failure. The current term Government seems to adopt a proactive approach towards environmental protection. In his 2013 Policy Address, the Chief Executive states that in order to improve air quality, the authorities plan to allocate $10 billion in subsidies to phase out heavy-polluting diesel commercial vehicles. The Policy Address also covers reduction of vessel emissions and attainment of new air quality objectives by 2020. All these measures are worth supporting. However, the Policy Address falls short of laying out a comprehensive set of policies on environmental protection and fails to meet the appeals and aspirations of the public and relevant sectors.
Regarding climate change and energy efficiency, the Policy Address puts forward the policy objectives of promoting green building as buildings account for as much as 90% of Hong Kong's total electricity consumption, and legislation will be enacted to tighten the maximum emission limits for power plants for the years beyond 2017. However, the Policy Address has not put forward any concrete measures on the aforesaid issues. Friends in relevant sectors and I are of the opinion that the authorities may approach the matter from both the supply and demand sides. In terms of demand, the Government should take a proactive stance in promoting energy efficiency, such as taking the lead in implementing energy efficiency initiatives in all government buildings and promoting the more environment-friendly lighting technology of LED. The Government may consider establishing a "credit guarantee fund for environment-friendly 6186 LEGISLATIVE COUNCIL ─ 1 February 2013 equipment" in support of local enterprises to install energy-efficient facilities that are more environment-friendly, and continue the promotion of carbon audit.
In terms of supply, the Government should conduct a comprehensive review on the fuel mix for power generation. It is a widely-known fact that reducing coal burning and increasing the proportion of natural gas and renewable energy for power generation help cut carbon emission. However, after the nuclear incident in Fukushima, Japan, the public have more misgivings about nuclear power. There is also uncertainty about the continuous supply of natural gas and the stability of its prices. In the long run, the supply of fossil fuels will only become scarcer and their prices will go higher. On the contrary, nuclear power is a cleaner and more reliable option. The Government must act promptly to work out the long-term strategies on energy supply and explore a cleaner fuel mix for power generation, taking into consideration comprehensively factors including environmental protection, safety, stability of supply, and reasonability of prices.
In waste management, there is indeed an urgent need to implement multi-pronged policies on Reduce, Recycle and Proper Waste Management. A specific measure to be rolled out by the Government should be the introduction of appropriate and effective polices and educational campaigns to promote waste reduction at source, and encourage the public to separate domestic waste for reuse or recycling by qualified, licensed recyclers. Second, the Government should enlarge the scale of the Food Waste Recycling Projects in Housing Estates and expand recycling facilities for organic waste to enable more people in Hong Kong to participate in the cause. Third, the Government should take prompt action to formulate the implementation details of the Producer Responsibility Scheme for Waste Electrical and Electronic Equipment with the focus on working with relevant trades to improve the logistic network for the recycling activities involved. Fourth, in waste management, given the inability of landfills alone to cope with the high per capita volume of solid waste in Hong Kong, an advanced form of incineration is needed as part of our urban infrastructure. Fifth, prompt actions should be taken to develop advanced recycling plants, such as those specialized in dismantling waste electrical equipment. Both incineration and recycling facilities must adopt the most advanced technologies. It is also possible to adopt the renewable technology of waste-incineration power for the benefits of the environment and energy efficiency. The authorities may also LEGISLATIVE COUNCIL ─ 1 February 2013 6187 consider providing partial tariff rebate to residents of districts where incinerators are built based on the amount of power generated by those incinerators.
President, the Policy Address does not mention much about environmental industries but in fact, the development of a recycling economy is a major strategy in the economic and social development of the nation and an important component of the 12th Five-Year Plan. Environmental industries are one of the industries where Hong Kong enjoys clear advantages. With the right facilitating policies, they may become a jewel in our future economy and enhance our status as the centre of environmental technologies in the region. With the help of Hong Kong's strong capacities, free flow of information and professional talents, the authorities may promote scientific research and application in areas such as renewable energy, advanced incineration, cleaning of water resources, energy saving and emission reduction, and low-carbon technologies, to build a low-carbon city and forge a green quality living sphere, while creating business opportunities and new jobs concurrently through green infrastructure.
The followings are some of the recommendations put forward by members of relevant sectors urging the Government to promote the development of environmental industries in Hong Kong: (a) to establish a consultation body to advise on strategies for the development of environmental industries and supervise their implementation; (b) to establish a regional accreditation centre for environmental technologies and products and promote the application of green technologies and products developed in Hong Kong; (c) the Government should enhance the current Cleaner Production Partnership Programme by extending the scope of subsidies to cover Hong Kong manufacturers in the Greater Pearl River Delta (GPRD) and, possibly, projects of waste reduction and recycling and noise control; the authorities should provide further economic incentives to encourage members of trades to adopt high-end environmental technologies and facilities; (d) in accessing tender applications, the Government should make "creativity in environmental technology" part of the assessment criteria to offer opportunities of application and promotion to locally-developed environmental technologies and products; (e) the Government should further enhance its Green Procurement policy by considering the possibility of including carbon footprint in its assessment criteria and adding the requirement of using a certain percentage of green materials to the terms and conditions of work contracts; and (f) to establish 6188 LEGISLATIVE COUNCIL ─ 1 February 2013 a "centre for commercialization and development of environmental industries" and, in collaboration with trade groups, support the development, testing and accreditation of environmental technologies to promote technology transfer and co-operation.
To sum up, in order to clean up our air and forge a low-carbon lifestyle, the SAR Government must lay down sustainable plans on environmental protection and energy policies. It must put forward clear objectives and road maps to provide a yardstick for policy measures and laws. Moreover, the authorities must strengthen Hong Kong's co-operation and communication with the GPRD Region on this matter as this is the way to amplify work results and provide our next generation with a healthy and pleasant environment of living.
President, I support the visions of governance, "seek change, maintain stability, serve the people with pragmatism", put forward in the 2013 Policy Address. However, the translation of such visions into specific policy measures and the supervision of their implementation will depend on the continuous and productive interactions among the Government, the Legislative Council and people from all walks of life. In this connection, I support the original motion proposed by Mr Andrew LEUNG Kwan-yuen.
(THE PRESIDENT'S DEPUTY, MR RONNY TONG, took the Chair)
Deputy President, I so submit.
MR MA FUNG-KWOK (in Cantonese): Deputy President, in my opinion, the development of culture and sports requires resources on four fronts, namely space, manpower, finance and policy. By coincidence, both the cultural and sports sectors are facing the same problems on these four fronts.
Space resources are the first thing. Regarding large-scale cultural venues, the West Kowloon Cultural District is under construction. About sports venues, we are delighted to learn from the Policy Address that the planning of the LEGISLATIVE COUNCIL ─ 1 February 2013 6189
Multi-purpose Sports Complex is back as a priority. I hope that in the planning process, the Government will listen to and take in more extensively the views of the sports sector and stakeholders to ensure that the design of the venue meets international standards as well as the requirements of the sports sector. Besides, office space should also be provided for the National Sports Associations (NSAs) in need to facilitate their work.
As regards the lack of space for district activities, not much improvement has been proposed in the Policy Address. What worries the people more is that in his maiden policy address, the Chief Executive decides to convert GIC sites to residential use. If the policy goes too far without striking a balance, the land earmarked for cultural and recreation purposes may be affected. This is against the interest of district development on the whole.
The promotion of arts and culture and the popularization of sports activities in the districts depend much on the availability of space for creation and activities. The Policy Address proposes to identify vacant school premises to provide more arts space. I think the same policy can be applied to the development of sports. In fact, many school premises have been left vacant for a long time without being put to effective use. The Government must step up efforts in this respect. On the other hand, the Government may, through discussing with and supporting the school authorities, encourage the schools to open some of their facilities after school hours for the use of non-governmental cultural and sports organizations to ease the demand.
During the past three years or so, the Government has been hoping to release more commercial and residential sites by revitalizing industrial buildings. Nevertheless, it turns a blind eye to the implications of such policy on those people who have already moved in the industrial buildings and enlivened in silence the local cultural and arts scene.
Although the Policy Address proposes to convert an industrial building in Wong Chuk Hang to provide space for more young artists, we are talking about just a little over 1 000 sq m of space. This is utterly an inadequate measure which can hardly satisfy the demand, let alone compensating for the creative space compressed by revitalizing industrial buildings. I am very worried that 6190 LEGISLATIVE COUNCIL ─ 1 February 2013 the further revitalization of industrial building will subject the art space to further compression. To grow a community organically is not easy and it takes a long time. The community should be cherished, yet it is vulnerable to wrong policies. While revitalizing industrial buildings, the tenants from the cultural and arts sectors should be taken care of properly.
The second thing is about the training of manpower resources and talents. The industry has expressed many views in this regard, which I hope that the Government will listen to and take in seriously. I would like to focus the discussion on the training of arts and sports administrators.
In the past, we did not pay much attention to the training of arts and sports administrators and the establishment of career ladders, thus resulting in high wastage rate. In view of the circumstances, the Policy Address proposes to allocate additional funding of $150 million to train, nurture and promote the talents who are familiar with the local, Mainland and overseas arts market, and equipped them with advanced administrative skills. I fully support this initiative, hoping that it will change the situation under which external help has to be sought.
The use of the new funding must cover the training of arts administrators in high, middle and basic levels. Complemented by appropriate human resources development strategies and supportive target-oriented training programmes, a desirable mechanism for career mobility will be in place. The quality of governance and operation will therefore be enhanced.
At the same time, the treatment and professional levels of sports administrators also warrant our concern. The Sports Federation and Olympic Committee of Hong Kong, China has been striving for formulating a salary structure and career ladders for the staff of NSAs, and devising training plans to retain good staff and enhance the quality of management and operation. The Government should think about this carefully.
Thirdly, it is the issue of financial resources. Although the Government provides direct subsidies for large to small-sized arts groups and NSAs, the subsidies are not enough to go around. Resources allocated to small-to-medium LEGISLATIVE COUNCIL ─ 1 February 2013 6191 sized arts groups or non-elite sports associations are limited. Despite having a heart to promote culture and sports, many arts groups are prostrated by meagre resources. More government support is needed to meet the demand generated by the future West Kowloon Cultural District and the large-scale facilities in Kai Tak.
Fourthly, it comes to policy resources. Culture and arts require the government's long-term policy support in the long term, such as land, revenue, education and employment, as well as providing a direction for the sectors to develop. Unfortunately, the Policy Address does not have much to offer in these two areas.
Apart from providing resources, the Government should also encourage the community to participate more in culture and sports activities by policy means. Consideration may be given to measures including tax concession, tax deduction for community donations and encouraging commercial sponsorship, and so on, so as to promote further community engagement.
As for sports development, the Policy Address has continued its past strategy for sports development, which focuses on three directions, namely promoting sports for all, developing elite sports and hosting major sports events. On a policy which has been implemented for over 10 years, there should be a more comprehensive view and adequate experience to provide a basis for a long-term vision and an all-rounded plan. Regrettably, this Policy Address fails to demonstrate such vision.
The sports sector generally supports the Chief Executive's election manifesto which advocates the creation of the post of "Commissioner for Sports" to be filled by a person familiar with sports so as to change the situation of "non-professionals leading the professionals". However, the Policy Address says nothing about this and owes us an explanation.
As regards cultural development, the Chief Executive, in response to my enquiry on whether a cultural commission would be set up, maintained that there was still a need to set up a cultural bureau and he did not want to take any other measures for the time being which might give people an impression that the Government had abandoned the setting up of a cultural bureau.
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I agree and support that there should be a policy bureau within the government framework to consolidate the cultural responsibilities currently scattered across various bureaux. Whether such a bureau should be a cultural bureau or a cultural, sports and tourism bureau as I have suggested earlier should be discussed in another forum. Instead of an administrative framework, a cultural commission is a platform to pool the ideas and wisdom of the community to draw up a blue print for the cultural development of Hong Kong and formulate a long-term cultural policy which is now absent in Hong Kong. With this platform, the Government will be able to take into consideration the vision of cultural development in policy formulation.
In 2003, the then Cultural Commission laid down the cultural position of "diversity with identity", as well as the principles and strategies of people-oriented, pluralism, community-driven, and so on, which were generally accepted by the public. Ten years have passed since then. Both the local and overseas cultural and arts scenes have undergone significant changes. Our cultural policy has to keep abreast with this.
Setting up a cultural commission comprising representatives from different cultural and arts sectors and stakeholders to assist in formulating and updating cultural policies warrants the Government's consideration. I am also glad to know that Chief Executive LEUNG Chun-ying has new ideas on organizational changes. As for cultural exchanges, we have quite a number of overseas Economic and Trade offices (ETOs) which did not have the responsibility of cultural promotion in the past. The Hong Kong Economic, Trade and Cultural Office in Taiwan is the first establishment of its kind to undertake cultural responsibilities. I hope that the Government can consider assigning to both the overseas and Mainland ETOs the responsibilities of promoting cultural exchanges in future.
Deputy President, the Policy Address has elaborated at great length on environmental protection and conservation, and put forward many concrete measures, which indicates that the Government is committed to resolving such issues. On improving air quality, in particular, it has responded to the proposals relating to on-shore power supply facilities and vessel emission. Also, it proposes to set aside $10 billion to phase out diesel vehicles. These initiatives LEGISLATIVE COUNCIL ─ 1 February 2013 6193 are worth our support. I hope that the Government can take measures to execute its policies meticulously so as to optimize these incentives to achieve the intended goals and effects.
Electric vehicles are the future of green transport. As Hong Kong's road network is characterized by its concentration and convenience, with the implementation of facilitation and effective policies and measures in respect of electricity charging facilities, such as giving electric vehicles the priority to use parking spaces with charging facilities, and tax incentives, Hong Kong has an advantage in the popularization of electric vehicles.
On improving air quality, emission from power plants cannot be ignored. This year, the Government will conduct an interim review on the Scheme of Control Agreements with the two power companies. This is an opportunity for the Government to examine its energy policy, propose the way forward for the regulation of the two power companies and demand for a review of their energy mix to reduce emission. It is a pity that the Policy Address has not touched on the relevant subject. I hope that the Government will elaborate on this in future.
Deputy President, on the whole, Mr LEUNG Chun-ying's Policy Address shows that he has vision and a blue print but not many concrete measures. I believe that concrete actions speak louder than empty words, so I will wait patiently for the Government to launch more concrete measures. I hope that I can really see them being rolled out by the Government once they are ready in the coming year and they are concrete measures on all fronts.
With these remarks, I support the motion of thanks moved by Mr Andrew LEUNG. Thank you, Deputy President.
MR TOMMY CHEUNG (in Cantonese): Deputy President, there is a benevolent policy in the policy address, which solves the historical problem of variation of fees and charges between the two former municipal councils, that is, to align the different levels of fees and charges for municipal facilities and services, including fees for various types of food business licences, between the urban areas and New Territories, and the lower rate will prevail.
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In fact, I am the person who created such historical problem. At that time, I proposed fee reduction to the Provisional Urban Council due to the poor economic situation then. However, I was in possession of food business licences, and therefore the proposal had to be put forward by Ms WONG Ying-kay, Ada, my fellow member in Liberal Party, in order to avoid conflict of interests. The proposal was approved, resulted in different fees and charges between the urban areas and the New Territories. In fact, Hon WONG Kwok-hing, Hon WU Chi-wai, Hon Christopher CHUNG voted for the proposal at that time. I have been putting forward proposals for aligning the different levels of fees and charges in order to fix such historical problem during my years in the Legislative Council. However, the stance of the Government remained unchanged over years. It wished to take the upper rate as the basis for alignment. I found this unacceptable, and the Legislative Council did not support this either. This is why the problem has not been solved. I am happy that the new Government works for alignment of the fees and charges decisively with bureaucratic practices abolished. This is worth praising.
However, I do not understand why the Chief Executive does not take this chance to tackle another problem which has been discussed for a long time without any conclusion, that is, the supporting infrastructure and rental adjustment for public markets. In fact, for over a decade, Members from different political parties have long reached a consensus to demand that the authorities take the lead to re-plan and re-position public markets, improve the business environment of public markets by active deployment of resources, especially by increasing fresh air intake and installing air-conditioning systems, and bearing the air-conditioning charges for public areas of the markets so that public markets can compete with supermarkets when the customer flow of the former is boosted. By then, I believe both the market stall operators and Members will not stop the authorities from increasing rents if they want to. Moreover, the public coffers are full of money. What are the authorities waiting for?
By the way, I would like to mention the saying of the authorities that the Liquor Licensing Board (LLB) is considering formulating a set of guidelines for the processing of the relevant liquor licence applications to enhance the transparency of the liquor licensing mechanism. Recently, I have received enquiries from the trade expressing worries about the stringency of the guidelines. Some of them found that the LLB applied more stringent conditions over their LEGISLATIVE COUNCIL ─ 1 February 2013 6195 recent applications. I have also requested that the trade and I should meet the Secretary for Food and Health and express our concerns. I urge the authorities to have sufficient consultation on the views and concerns of the trade when formulating the guidelines. They should also fully consider and balance between the business environment and the problem with nuisance and disturbance caused to the residents.
Deputy President, during the previous session, I talked about the problems with alfresco cafes. In fact, this involves various departments, including the Food and Environmental Hygiene Department (FEHD) and Home Affairs Department of this session, and the Transport Department, Housing Department, Fire Services Department and the Hong Kong Police Force of the last two sessions. Many other departments are involved, the names of which cannot be recalled. I wish to tell the authorities repetitively that the food and beverages industry has been facing the problem of rental hikes at this difficult time. In fact, it becomes more pressing to speed up the processing of alfresco cafe applications so that land can be used more efficiently.
We can refer to the case of Norway. During the visit to Norway to study how the country implemented smoking ban, I went to a restaurant with 200 seats and found that some places on the street that could accommodate 400 seats were given to the restaurant free of charge. This was why the operator said the smoking ban was definitely not a problem when I asked him if he had any difficulties with it. It brought him more business indeed because some rental-free places were given him to do business.
In fact, according to the figures of the authorities in 2011, it took about 14 months on average, which means more than a year, to process an application for alfresco cafes. Our rental contract period is normally three years, and actually three years at most. Among the applications, only 23 were successful, and another 41 were withdrawn or given up during the processing period. This is completely unacceptable. I received an email complaint from one of my electorate in the Happy Valley yesterday, saying that various problems with bureaucratic practices were encountered. He hopes that I can follow up on his case.
I advise the relevant departments not to give up and turn down an application immediately when there is just one or a small number of objections 6196 LEGISLATIVE COUNCIL ─ 1 February 2013 lodged. They should indeed take a positive approach to tackle the problems and work out solutions, instead of strangling the business of the trade without giving much consideration. I understand that frontline officers of some departments are working very hard and are busy with different tasks. It is difficult to expedite the approval process. I therefore urge the FEHD to spearhead collaboration of the departments concerned and review the application mechanism for alfresco cafes as soon as possible so that due attention will be paid to the above problems and approval process can be expedited. More manpower should be deployed when necessary to facilitate businesses genuinely.
Another problem of much concern to our community is the persistent rise in the prices of imported food. It is noted that the authorities have been reluctant to introduce new suppliers of live cattle from the Mainland to break the market monopolization by Ng Fung Hong Limited because they see no significant price reduction for live pigs after increasing the number of supplier from one to three. Indeed, there has been a trend of price increase recently. The situation ends up with the problem of oligopoly. Deputy President, this is not reasonable. If the authorities are truly worried about oligopoly, they should investigate into the problem and see if this is the real case, instead of depriving the public from having more choices.
The continuous appreciation of Renminbi, rising wages and transportation costs in the Mainland, as well as the unstable weather are adding pressure to the prices of imported food, especially that of meat. The authorities must assess and work out contingency measures as quickly as possible. They should also explore more sources of food supply, including introduction of more suppliers of chilled pork and beef from the Mainland.
It is noted that the supply of chilled beef from the Mainland has all along been small. It has been stopped since April last year because distant transportation consumes too much time and affects product quality. Currently, our chilled beef comes from Australia, the United States, Brazil and New Zealand.
On the other hand, the trade tells me that the authorities can actually try sourcing from suppliers in our nearby cities and provinces. It can be done by enhancing their hygiene conditions so that approval can be sought from the national General Administration of Quality Supervision, Inspection and LEGISLATIVE COUNCIL ─ 1 February 2013 6197
Quarantine. The previous Secretary for Food and Health Dr York CHOW cared nothing about this and left immediately once his term ended. Should his successor Dr KO Wing-man be more proactive in doing this?
The supply of pigs and cattle is not something we can control easily, but what about chicken? Deputy President, the price of live chicken has been standing high. This is in fact a man-made problem. We should say "thank you" to Dr York CHOW as this is the bad consequence caused by him. This is indeed man-made inflation causing disturbance to people. I believe Dr KO should fix the problem immediately.
The authorities should no longer say that our risk of avian influenza is high. A bird was tested positive of H5N1 a few days ago. If Dr York CHOW was still in office, he would possibly apply isolation control over Hong Kong! Poor hygiene conditions in public markets are just excuses. This is a historical problem caused by poor management of public markets more than a decade ago. Public markets such as Yeung Uk Road Market had over 30 chicken stalls at that time. This is unbelievable. Currently, there are just about 80 chicken stalls in Hong Kong, and you can no longer find one market crowded with 10 to 20, or even 30, chicken stalls. Moreover, the trade has been putting efforts together, and Hong Kong's risk level of avian influenza is very low as there is great improvement with our preventive measures. The isolation rate of avian influenza viruses in retail markets has dropped significantly to 0.09%. Deputy President, with such a low rate of 0.09%, is it necessary to apply stringent control over our live chicken supply?
The demand of the industry is very reasonable, that is, either to increase the number of imported live chickens on festive days, or allow some flexibilities in calculating the quota of local chicken farms, so that the quota is not calculated on a daily basis, but over a number of days to allow for automatic adjustments of sending more live chickens to the market for wholesale and retail on festive days. The public do not want to eat expensive chickens anymore. Secretary KO Wing-man, you should take action right away without delay for the sake of the public. The Chinese New Year is around the corner.
In fact, it is extremely unwise for Hong Kong to be over-dependent on other places for food supply. I have to mention the name of Dr York CHOW once again. Since he assumed office, the local agricultural and fisheries 6198 LEGISLATIVE COUNCIL ─ 1 February 2013 industries were being "phased out", for which he was the main culprit. Secretary KO Wing-man, I would advise you to take this for a lesson and not to make that mistake twice. More resources should be allocated to the industries. Nowadays, we are talking about environmental protection and low carbon living. Actually, the local agricultural and fisheries industries should receive support. Therefore, we should support and expand the local agricultural and fishery industries so as to provide Hong Kong with another reliable and low-carbon food supply chain option as soon as possible. Otherwise, the problem of soaring food prices will escalate sooner or later, just like the housing problem. Then the people will have no way to make a living and there will be unrest in the society.
Deputy President, the earlier incident of suspected "gutter oil" caused great alarm and trepidation in the community although it turned out to be a false alarm after investigation. I told this Council a year ago that some people recovered wasted oils from restaurants in Hong Kong at a high price but the whereabouts of the oils recovered were unknown, so I asked the Government to look into this matter. However, it appears that the Government has paid no heed to my caution and there have not been any follow-up actions.
Deputy President, I would like to declare that I am engaging in waste oil recovery business. It makes sense that I should not approve of regulation by legislation. Nevertheless, we have to understand that even if there is no evidence of wasted oils being sent back to the local food chain, we still have the responsibility to ensure that the wasted oils collected in Hong Kong are put to proper use, instead of being put to illegal use in Hong Kong and other places, and going back to the food chain and posing health hazards to people living in Hong Kong or overseas. This is our moral responsibility. I was disappointed that the Secretary for the Environment, Mr WONG Kam-sing, in his reply to Mr Paul TSE's question raised in this Council earlier, refused to draw reference from overseas experience to regulate waste oil recyclers by introducing a licensing system. I hope that the Government will reconsider seriously our proposal later.
In fact, this year's Policy Address has not mentioned food safety at all and I find it disappointing. I would like to advise the Government not to relax its efforts in this area. On the contrary, resources should keep flowing in. It should also be more vigilant by closely monitoring the reports of the Mainland or other places and conducting in-depth investigation into sudden food safety issues LEGISLATIVE COUNCIL ─ 1 February 2013 6199 from time to time, so that people in Hong Kong can enjoy their food with their mind at ease.
Deputy President, I welcome the Government's determination to implement a food waste policy but it should never follow the practice of the previous governments in fleecing the relevant industries by forcing them to say, "You entertain the guests and I'll pay the bill". Taking waste charging as an example, I have already expressed my opposition to imposing waste charging as an excuse for double charging. Should the Government introduce waste charging separately, please reduce the rates and reimburse part of the refuse charges first.
Finally, I have to reiterate that in introducing any environment-friendly measures, the Government must put in place complementary measures at the same time. In particularly, it should provide the small and medium enterprises with adequate support in order not to increase their burden.
Deputy President, I so submit.
MR WONG KWOK-HING (in Cantonese): Deputy President, in this debate session, I would like to express my views in two respects. Firstly, I have to express my views to the Secretary for Health and Welfare, Dr KO Wing-man. I am very thankful to Secretary KO Wing-man for attending this debate session although he is not feeling well.
Mr Secretary, I have written this horizontal scroll of "Bring Order out of Chaos", and a couplet with the first line of "Although the Gates of Yamen and Funeral Parlours are Open Wide" and the second line of "Poor Ghosts Without Money are Not to Enter". I want to lodge a complaint with Mr Secretary on behalf of the ordinary people. Public funeral parlours are established with the original intention of providing cheaper alternatives to the public so that they do not have to fall prey to private funeral parlours charging exorbitant fees. Regrettably, the governments of the previous two terms upheld the wrong policy ― "big market, small government" ― and put funeral services to open tender. Life becomes difficult for people. They "cannot rest in peace even when they become a ghost"; nor can they enjoy basic dignity.
Deputy President, do you know how much the funeral services provider, Grand Peace Funeral Parlour, paid in order to win the tender? It was 6200 LEGISLATIVE COUNCIL ─ 1 February 2013
$279 million. In the previous tender exercise, the successful bidder Sai Sing Funeral Parlour forked out $40 million while its predecessor Perpetual Funeral Parlour had paid $12 million. As Grand Peace Funeral Parlour won the bid with nearly $300 million, it currently charges at least $8,000 for its smallest room and $700 for refrigeration facilities, exclusive of the charges of offerings, master of funeral ceremony and cosmetology.
A basic and somewhat decent funeral costs tens of thousand dollars. Mr Secretary, the Government of the last term has already signed a five-year contract. Under the circumstances, I hope that the Government of this term can bring order out of chaos by conducting a prompt review. We should put a stop to such practice which causes nuisance not only to the living but also to the dead. I hope that Secretary KO Wing-man can submit a review report to this Council during his tenure as soon as possible and entrust the operation of public funeral parlours to NGOs or charitable organizations in order to do the ordinary people a favour.
Moreover, I also hope that Secretary KO Wing-man can convey to Mr LEUNG Chun-ying my suggestion of installing air conditioners in all presently non-air-conditioned markets. It does not matter even if they are not free-of-charge. I believe that if the air conditioning fees are charged on the basis of business floor areas, the tenants will surely show their support by raising their hands or even "their feet".
Separately, I want to give the Under Secretary for the Environment, Ms Christine LOH Kung-wai, who is with us today, a spring scroll of "Tackling the Four Major Pollution Hazards". I am aware that the Government is tackling air pollution in full swing but it should as well keep an eye on other pollution hazards, namely noise, light and radio-frequency radiation ― together they can be called the four major pollution hazards in Hong Kong. I understand that the authorities have their work priorities, yet tackling pollution is just as important and should not be overlooked. I would like to send this spring scroll, which is written in regular script, to her through my colleague later. I hope that the Government can tackle the four major pollution hazards of Hong Kong within its tenure.
Thank you, Deputy President.
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MR STEVEN HO (in Cantonese): Deputy President, on behalf of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), I will now speak on the policy areas outlined in the Policy Address on agriculture, fisheries, food safety and environmental hygiene, which are closely related to people's livelihood.
Recently, someone has pointed out that the GDP for the fisheries industry is relatively low, and it is not worthwhile to throw in a $500 million "sustainable fisheries development fund" (fund) as a means of support. However, is this reason justified? In fact, the value of the agriculture and fisheries industries in Hong Kong lies in their ability to curb price increases and bear food safety risks. Therefore, as far as the current structure of the agriculture and fisheries industries is concerned, if I say that the GDP can be very high, everyone will be scared because the public will have to put up with expensive fish and pigs. In fact, the price-hike on pork and beef a few days ago was caused by the inability of the local agriculture and fisheries industries to develop steadily.
Besides, some Members add the $1.7 billion ex-gratia allowance for trawler owners affected by the trawl ban and the $500 million fund together by means of simple addition and conclude that the Government is providing enormous support to the fisheries industry. However, those Members are not clear about the basic functions of this $1.7 billion, and they just say superficially that this is used as a compensation for buying out fishing vessels from fishermen. It really cracks fishermen up. In fact, this $1.7 billion is for compensating some fishermen whose livelihood has been seriously disrupted by the trawl ban, with part of the amount allocated for buyout and some allocated for compensating workers. I believe I do not need to point out the difference between compensation and support. Moreover, the Government has all along neglected the agriculture and fisheries industries and even damaged the livelihood of fishermen and farmers on the grounds of environmental protection, hygiene, and so on, thus making life very difficult for them. The loss thereof and the loss of the public are definitely more than $500 million. Therefore, I believe that the fund, though serving as an appropriate means of support for the fisheries industry, is not adequate, and many measures and policies need to be put in place to support the fisheries industry.
Following the introduction of the trawl ban by the Government, most of the trawler fishermen will plan to switch to operate in the South China Sea. 6202 LEGISLATIVE COUNCIL ─ 1 February 2013
However, the major obstacle is the problem concerning capture permits on the Mainland. Under the "double control policies" of the Mainland, fishermen who did not have capture permits in the first place have no way to apply for the relevant documents. Even if they have capture permits, they cannot increase the engine power of their fishing fleet, thus making it impossible for some fishermen to restructure their business operations and have sufficient equipment to cope with the operation in waters further away. Therefore, there is a need for the Government to strengthen communication with the Mainland and establish a regular communication mechanism to co-ordinate the trawl ban, the "double control policies", as well as the conflicts arising from the difference in laws and regulations between the two places, with a view to allowing the trade strive towards the direction of "supporting Hong Kong fishermen to build an ocean-going fishing fleet" as outlined in the manifesto for the Chief Executive Election.
Another point is that the fund will help fishermen affected by the trawl ban and, of course, other fishermen. This will attract some people to switch to operate their business in other types of fisheries industries such as the breeding. Given the trawl ban, coupled with the Government's plan to issue marine fish culture licences again and develop the leisure fishing industry, as well as the uncertainties over the outlook of open sea fishing, it is very likely that the breeding industry will serve as one of the options for transformation. However, the Government has not put in place any specific policy support in this respect. There is a need for the Government to study how to develop other industry modules. In addition to further helping fishermen obtain capture permits on the Mainland, the Government should also develop the leisure fishing industry to alleviate the problems arising from the adjustment in the fisheries industry module.
As for the leisure fishing industry, its development is indeed not as desirable as what the Chief Executive said because it is hindered by the laws and regulations put forward by the Government. Many mariculturists applied to the Government more than ten years ago to switch to leisure angling at fish rafts, which is a very popular leisure fishing industry. However, they comment that the current laws and regulations in relation to hygiene, fire safety, land use rights, and so on, are not suitable for the development of such emerging industries as the leisure agriculture and fisheries industries. Taking fish rafts as an example, how can "automated sprinkler systems" be installed? These laws and regulations LEGISLATIVE COUNCIL ─ 1 February 2013 6203 have hindered the desirable development of the leisure agriculture and fisheries industries. Therefore, I suggest that more suitable laws and regulations should be formulated to leave appropriate space for the development of the leisure fishing industry. Should conflicts arise among departments, an efficient inter-departmental working group should be set up. This will really improve the development of the leisure agriculture and fisheries industries.
Next, I shall turn to issues relating to agriculture. As for food supply, currently 90% of our foods come from other places, and 50% of them in total are imported from the Mainland. Therefore, the food prices in Hong Kong often rise significantly under the influence of imported inflation, with the rise in prices for fresh pork and beef being most severe. The retail price for pork rose from $25 per catty to a record high of $44 per catty in early January. The price for beef has been increasing for six times in a row to more than $100. Also, the price for live chickens has been persistently high and the selling price for a chicken can be increased exaggeratedly to $300 to $400 during festivals.
However, the most fundamental question, as I said just now, is that the agriculture and fisheries industries were neglected by previous Governments. Taking the price for pigs as an example, ten years ago, under the daily supply of about 4 000 to 5 000 pigs in Hong Kong, about 800 to 1 000 of them were supplied by local pig farmers, accounting for a quarter of the daily supply of pigs. However, since the Government "killed pigs" earlier, the supply of pigs from local farms only accounts for 7% of the overall supply of pigs, thus reducing the ability of local farms in curbing the price increase in pigs.
There are other reasons for the rise in prices apart from the insufficient number of agents for supplying pork and beef to Hong Kong and the monopoly situation, but I shall not point them out here. Although the number of agents supplying live pigs from the Mainland to Hong Kong has increased from one to three since 2007, the market is not yet completely liberalized and is not transparent yet. Actually, agents often reduce the supply of live pigs with different pretexts. What is more, the system of pig lairage exists in name only in that buyers come to know the total supply of pigs only before auction. In this way, the auction price for pigs will be pushed up and fluctuate significantly owing to the unstable supply of pigs to Hong Kong, thereby forcing innocent members of the public in Hong Kong to bear the risks arising from market adjustment and put up with "expensive pigs".
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At present, additional costs are also incurred for fresh beef because of the problems found in the supply chain and the slaughter process, which requires the Government to introduce measures for making adjustments. However, in view of the speaking time constraint, I hope that I will get a chance to discuss this issue with the Secretary in the future if he is interested.
Therefore, to alleviate the food price problem, apart from hoping that the Government can liberalize the market for supplying live pigs and live cattle from the Mainland to Hong Kong, we also hope that it can consider enhancing the system of pig lairage to improve the stability in the number of pigs supplied to Hong Kong and allow meat sellers to know clearly the approximate daily number of pigs supplied to Hong Kong, as well as consider announcing the median price of the pigs auctioned that day or other ways to increase market transparency. In addition, the authorities should study how to improve the mode of beef abattoir operation, enhance the transport chain from abattoirs to pork stalls and reduce costs, but the most important of all is to continue developing local agriculture to support the development of pig farming, chicken farming, vegetable farming and flower farming in Hong Kong ― of course, there is also the fisheries industry, but we are not talking about it now ― including the consideration of issuing freshly slaughtered live poultry retail licences again so that not only can the public avoid contacting with poultry directly, but the sales channels for poultry can also be increased, thereby curbing prices effectively and helping the development of local brands. Furthermore, the authorities should review the relocation guidelines for farms, so that a balance can be struck between local farms and urban development to safeguard land devoted to agriculture and fisheries. Also, they should set up the "agricultural and fisheries research centre" as mentioned by the Chief Executive as soon as possible to conduct a comprehensive research on the technology suitable for the agriculture and fisheries industries in Hong Kong, so as to reduce the production cost. Only through this way can the development of local agriculture and fisheries industries be enhanced and the food price problem be alleviated effectively.
The hottest topic recently is infant formula. The supply of infant formula has become tight in many districts in Hong Kong, and some retail outlets are suspected to be hoarded with infant formula for sale at jacked-up prices. Parents are forced to dash here and there to buy infant formula or switch to other brands of infant formula which are less popular. Also, the Consumer Council has LEGISLATIVE COUNCIL ─ 1 February 2013 6205 received a large number of complaints concerning the short supply of infant formula or jacked-up prices. We are very concerned about the situation.
In fact, occasions of panic buying of infant formula in recent years have aroused concern among the public. One is the purchase of infant formula in Hong Kong by a large number of Mainland people following the occurrence of the Melamine Incident on the Mainland. Another is the panic buying of different infant formula brands by the public following the sharp fall in Japanese infant formula supply after the Fukushima Nuclear Plant Incident in Japan. In these two panic buying incidents, DAB pointed out that infant formula was the only food for infants apart from breast milk, and it was imperative for the Government to ensure a stable supply. Therefore, DAB proposed to the Government as early as in 2008 to include infant formula as a commodity regulated under the Reserved Commodities Ordinance. In addition to stabilizing the supply, what we hope the most is that the authorities can get hold of the information on market stocks more accurately through the powers conferred by legislation on the Government. Information on supply details is then released by the Government to increase market transparency, reduce public panic, and prevent unscrupulous traders from hoarding supplies to jack up prices. In the meantime, the authorities can restrict the export quantity through its vested powers and exercise law enforcement on grey traders who procure a large quantity of infant formula, so as to prevent the Customs and Excise Department from the predicament it is facing now. In May 2011, Mr WONG Yung-kan of DAB further moved a motion at this Council to request for bringing infant formula under regulation and this motion was passed by the Council. Unfortunately, the Government failed to recognize the gravity of the infant formula problem at that time. As a result, panic buying of infant formula recurs and the problem still exists and gets worse.
The present incident of panic buying is different from the previous two in nature. It was not triggered by food safety incidents. Instead, it was caused by the genuine imbalance in supply and demand because of the failure in market regulation over an accumulated period of time. Therefore, no longer can stopgap measures allay community concerns, and the Government should not overlook the situation lightly. Of course, there is news today that the Government is preparing to amend the Import and Export Ordinance to restrict the export of infant formula. DAB will welcome the relevant measures if they can resolve the problem of panic buying of infant formula more quickly. 6206 LEGISLATIVE COUNCIL ─ 1 February 2013
However, after several panic buying incidents, the public has become panic-stricken. Without transparency of market information, panic buying of infant formula will again be triggered at any time with mere fluctuations. Therefore, the Government should review comprehensively the policies on food supply, especially on some indispensable food, consider putting in a reserve system to stabilize supply in respect of food types, understand the market information accurately and take up the role of a reliable information issuer in such extraordinary situations as the incident this time, and even co-ordinate the supply arrangement. Therefore, we hope that the Government can further consider including infant formula as reserved commodities to stabilize the supply of infant formula, thereby reassuring the public.
Moreover, food safety has been an area of concern for the public in Hong Kong. Last year, the media uncovered the distribution of carcinogenic cooking oil by small plants to large restaurants in Hong Kong. Upon investigation, it was found that the level of the carcinogen, Benzo-a-pyrene (BaP), contained in some of the cooking oil samples had exceeded the normal standard, thus arousing public concern over the flow of "gutter oil" into Hong Kong.
Food safety problems are not to be ignored by the Government. Since members of the public are in contact with different types of food every day in addition to cooking oil, the Government should never relax its efforts in monitoring food safety but to strengthen them. It is necessary for the authorities to review the food monitoring system on a regular basis, conduct regular inspections on foods that the public are frequently in contact with on the market and include those with higher safety risks into the mechanism of constant checking, with a view to coping with the ever-changing food safety problems. The Government should also improve the food tracing mechanism, strengthen inspection work, and ensure that food importers or distributors have registered according to law and keep transaction records, in order to guarantee that the authorities can expeditiously trace the source of the food in question whenever food safety incidents arise.
Lastly, Deputy President, I wish to talk about public markets. In recent years, land premiums and rentals have been high in Hong Kong, causing the prices for many goods and even services to keep surging. In contrast, since the rentals at the Government-led public markets have been frozen for a few years, stall owners can sell goods at cheaper prices and make reasonable profits by LEGISLATIVE COUNCIL ─ 1 February 2013 6207 making small profit margins with large sales volumes. Therefore, public markets have become the major channel for the public to buy fresh food. Besides, these markets are the source of livelihood and career prospect for thousands of small shop tenants, providing a large number of job opportunities for the grass-roots. With such opportunities, small shop tenants can support themselves and their families' living by running small businesses, thereby facilitating the economic stability and development at the same time.
Unfortunately, given that the operating costs of market tenants have been on the rise in recent years, with different supermarkets and large chain stores entering the competition, their operating environment is getting more and more difficult. The Government is considering a new rental adjustment mechanism. We are of the view that the rental standard of public markets should reflect their functions in the community and ensure the competitiveness of stall tenants in public markets. At present, there is a wide gap between the tenants and the Government in respect of market rents, arrangements for installing air-conditioners and air-conditioning fees in public markets. Therefore, the Government should discuss proactively with the tenants the new rental adjustment mechanism and lease stipulation, and conduct extensive consultation with the trade, so as to keep the rentals of public markets at a low rate and maintain their functions in the community.
Besides, many market stall owners also consider that some market facilities are outdated, the environment is primitive, and the internal planning, design and management do not meet the needs of the community nowadays. Some members of the public even reject traditional markets, thinking that they are dirty. Therefore, the Government should expedite the improvement works of public markets, such as renovating the walls, clearing the drainage, providing more toilets with better environment, as well as improving the ventilation, lighting system and fire service equipment, so as to provide a more desirable shopping environment. The Government should also enhance market management to increase patronage, with a view to revitalizing markets.
In the Policy Address, the Government proposes providing support to the agriculture and fisheries industries, that is, setting up the Sustainable Fisheries Development Fund, which shows that the Government begins to pay more attention to the development of the agriculture and fisheries industries. I hope that this momentum can be maintained. However, there are still many problems 6208 LEGISLATIVE COUNCIL ─ 1 February 2013 in such areas as the agriculture and fisheries industries, food prices, infant formula prices, food safety and public markets, which are related to people's livelihood and trade development. Therefore, it is important that the Government continues to adopt a pragmatic approach in carrying out the proposals raised just now expeditiously so as to iron out these issues and roll them out as and when they are ready. Deputy President, I so submit.
MR DENNIS KWOK (in Cantonese): Deputy President, different sectors of the community criticize this year's Policy Address more than they commend it. Many consider it superficial, vague and platitudinous. However, I would like to say a few words of fairness for the Secretary for the Environment and the Under Secretary for the Environment. I believe that the two Secretaries do have relatively good performance among the whole team of accountability officials. We can see their determination to protect the environment, and that environmental protection measures in the Policy Address can be considered to be quite specific when compared with other parts of it. However, it is regrettable that progress can hardly be seen over many environmental issues which have been discussed for years, and the Policy Address is still silent about these problems. The vague words in the Policy Address, such as we "will review", "will do in phases", "will study" and "will consult", show that the LEUNG Chun-ying Government indeed has no comprehensive and concrete solution to such long-neglected environmental problems.
In this Policy Address, environmental protection initiatives mainly focus on several areas, namely waste reduction at source, air quality improvement, conservation and Victoria Harbour water quality improvement. It sounds ambitious, but we will find that these measures are mostly side tracks if we look at them more carefully. As to whether the Government has truly implemented important measures to solve the problems at source, I do not think so for the time being.
I would like to talk about air quality first. Deputy President, the most important point is to improve air quality objectives so that they are up to the standard set by the World Health Organization (WHO) as far as possible. However, the Government is unable to start working on this as soon as possible, and the new objectives are still far behind those of WHO. Professor HEDLEY, former professor of the University of Hong Kong, has told us repeatedly that LEGISLATIVE COUNCIL ─ 1 February 2013 6209 setting of the objectives offers little health protection to the public in Hong Kong, and more should be done. He has been talking about this for years, and air quality is still bad today after he has emigrated overseas.
We can see that the problem of air quality in the Mainland is very serious today. Hong Kong should make even more efforts to improve air quality, instead of taking the air quality level of China as an excuse. We should do even better instead of simply working for an acceptable level. In tackling air quality problems, we should make more efforts than any other countries. However, the Administration will say that the objectives have been set but they cannot bring instant results, and we have to move towards our ultimate goal. However, the question is whether the Government will implement a long term plan and confirm the relevant time frame. The Policy Address mentions nothing about this. It proposes phasing out old diesel vehicles and promotes using electric vehicles. This is a correct approach and the measures are practical, but we believe that this is not enough and it requires improvement. These are initiatives with limited effects in air quality improvement. In the long run, we should be more determined and more forward-looking in this aspect.
On the other hand, the Policy Address does not talk about the Environmental Impact Assessment Ordinance (EIA Ordinance). EIA Ordinance was enacted in 1997. The Secretary should of course be very clear about its importance. EIA Ordinance affects the environmental impact assessment conducted under every construction project. For example, EIA Ordinance is very important when it comes to such issues as what to do to minimize the impact to the environment and whether mitigation measures can be put forward. Several major incidents over the past few years, including construction of the Hong Kong ― Zhuhai ― Macao Bridge, controversy over the development of Lung Mei, and even the future development of a third runway at the airport are examples showing the loopholes of EIA Ordinance.
Under EIA Ordinance, a construction company should be engaged. However, can such construction company conduct an independent analysis on the environmental impact brought about by the construction project? Are the proposed mitigation measures sufficient? Is the assessment truly objective? From the environmental impact assessment reports of several large-scale projects, we find that these could not be done. Is it because conflict of interests is involved? For example, a construction company is engaged in preparing the 6210 LEGISLATIVE COUNCIL ─ 1 February 2013 environmental impact assessment report, but possibly it is also the company which is going to undertake the project. In this case, will this company report in details all the negative impact and damages to the environment caused by the project? This is questionable.
Given that EIA Ordinance is playing such an important role, when we have to strike a balance between environmental conservation and economic development, especially at the present level of economic development in Hong Kong today, EIA Ordinance becomes even more important. Therefore, it is time to review and see if it requires improvement. Also, we have to see if the Advisory Council on the Environment can play the role of an expert in the mechanism under EIA Ordinance, and whether it can study the environmental impact assessment reports and discover for the public any information that has not been mentioned, or is omitted or mistaken in the reports so that both the public and the society will be clearer about the impact brought about by the projects.
If we can improve the consultation to be carried out under EIA Ordinance, the ordinance will work effectively when large-scale projects are taken forward by the Government in future. If we can truly have sufficient consultation, disputes arising from the problem will in turn be reduced.
Deputy President, the third example is about solid waste management policy. My assistant tells me that our solid waste management policy is just like scratching an itch from outside one's boot and is hardly commendable. I am not sure if this way of expression is correct, but my own point of view is that solid waste management policy is not getting to the core of the problem. Why do I say so? The Policy Framework for the Management of Municipal Solid Waste in Hong Kong was published in December 2005. Most of the measures in the policy framework have not been implemented so far. For example, initiatives on waste reduction at source and the three-coloured waste separation bins have been in place for years, but recycling programmes such as those targeting glass bottles and electric appliances receive lukewarm support with only some participating public housing estates. The Government always says it is going to expedite the progress, but how and when will they do so? At the end, there is no specific timetable, and efforts are not enough to get the job done. In this regard, I sincerely hope that the Secretary for the Environment and the Under Secretary for LEGISLATIVE COUNCIL ─ 1 February 2013 6211 the Environment work harder to execute the solid waste management policy and do not waste time anymore.
Finally, I would like to talk about a problem which is not mentioned in the Policy Address. This is the problem with the quality of our drinking water. Recently, an official of the Central Authorities or a member of the National Committee of the Chinese People's Political Consultative Conference said, "Hong Kong people must be obedient, or we are not going to give you Dongjiang water. Then you have nothing, not even water." This is of course a one-sided opinion, nor do I myself agree with this. However, in the long run, the Hong Kong Government must pay close attention to the issues of our drinking water, people's health and whether sources of drinking water are getting polluted. We should not look at the issue simply from the perspective of Hong Kong people. We should be aware of the fact that our whole country is facing the problems of serious water pollution and water scarcity. Can we simply close our eyes and confirm to ourselves that we can have an eternal agreement over the supply of Dongjiang water and will continue our annual purchase forever? This can hardly be done. Therefore, the Government should start thinking about the problem if it is forward-looking. In the long run, can we formulate long term policy in respect of drinking water supply so that we can have sustainable water supply policy for Hong Kong and reduce our reliance on Dongjiang water? I hope that the Secretary for the Environment and the Under Secretary for the Environment will think seriously about this.
In the first place, we have to reduce the problem of water pollution along Dongjiang. I remember Chief Executive LEUNG Chun-ying mentioned that we should have more effective policy at the Government-to-Government level to work with our counterparties in the Mainland. We should understand the problem from government officials and provincial authorities in the Mainland and work out solutions together. In this regard, I hope that our Government can communicate with the relevant provincial authorities in China, understand and even take part in clean water projects.
In the long run, we need sustainable water supply of our own. At the previous meeting of the Panel on Environmental Affairs, I asked the Secretary for the Environment if we have any water supply policy. The Secretary for the Environment refused to give an answer. I find this regrettable, as there is a genuine need for the Environment Bureau to look at the impact of the problem 6212 LEGISLATIVE COUNCIL ─ 1 February 2013 with water supply towards our health. In fact, before the Under Secretary for the Environment took office, think tank Civic Exchange had also published a detailed report on water issues. I hope that some of the suggestions in the report can be implemented by the current Government.
In fact, the environment relates closely to the economy and the society. Why does the Civic Party attach so much importance to this policy area? This is not because we are nitpicking. We care because we know that the environment forms an important element of the society, and environmental problems must be solved at their roots.
Deputy President, I so submit.
MISS CHAN YUEN-HAN (in Cantonese): Deputy President, in this session, I would like to talk about the things I have been working on for more than 10 years now. Just now, Honourable MA Fung-kwok spoke on matters relating to sports, which I found pretty reassuring, because over the past dozen years, he has identified three directions, namely to promote sports in the international arena, to support elite sports in the local arena, and to promote sports in the community. Those are tangible, or at least something that is taking shape. Now if I were to further promote local culture and local economy …… I remember Mr TUNG once asked me to prepare a proposal on this subject …… now ten-odd years have passed in the blink of an eye! So how do we judge the matter from the perspective of culture policy? In fact, the biggest benefit in the development of local culture and economy is precisely what many young people are going after at present.
I want to tell the Under Secretary that ― maybe this is not your concern, but this is something you must know ― according to latest statistics, while the overall unemployment rate in the territory is 3.3%, the unemployment rate among teenagers aged between 15 and 19 is 12.7%, and their under-employment rate is 4.9%. Further up in the age spectrum, the unemployment rate among young people aged between 20 and 29 is 4.6%, and their under-employment rate is over 1%. Hopefully the Under Secretary will check out these figures. Back in 1998, at a time when the general public of Hong Kong were hit by an employment problem, we submitted our proposal to Mr TUNG on matters relating to local culture and local economy with a view to facilitating LEGISLATIVE COUNCIL ─ 1 February 2013 6213 employment. As our colleagues have said, while the recycling industry has been in business for more than 10 years now, they are by no means well-established. This is attributable to a number of reasons, which I will explain in detail shortly.
According to what the Chief Executive has said in the Policy Address and judging from the contents of that particular section, people may be under an impression that he was fairly savvy in this area. But the parts that followed were a complete void of emptiness. I am not sure if that is because he was "playing tricks", or whether he really had run into problem with government departments, that I really have no idea. What did he say after all? He said, "With its geographical location and historical background, Hong Kong has a unique position in Chinese cultural history. Through a sophisticated fusion of Chinese and Western influences, it has created a pluralistic culture of its own. It has also achieved great success in preserving Chinese cultural heritage, such as Cantonese Opera. We should continue to leverage our strengths and advantages to further our mission."
He spent eight paragraphs to discuss the matters in this area. I appreciate what he said in the first three paragraphs. He said, "Hong Kong's cultural and creative industries have run into an array of difficulties in recent years". What has he done in that respect? What does he want to do? When he was running in the election, I once accompanied him in a visit to artists engaging in creative activities in San Po Kong and Kwun Tong, with a briefing given to him by those artists. Unfortunately, we do not know what sort of difficulties he has run into after he had listened to them. He knew what to say in the Policy Address, but his words are devoid of substances.
(THE PRESIDENT resumed the Chair)
I could be taken as one of those people who pioneered the efforts in the promotion of local cultural and creative industries in Hong Kong. In this regard, and from my personal experience, I would like to tell him that I have come to realize another aspect of the circumstances arising from the state of unemployment. Numerous young people who are either unable to secure employment or "non-engaged" have turned to renting spaces in factory buildings, where rentals are least expensive, to kick off their business in pursuit of their 6214 LEGISLATIVE COUNCIL ─ 1 February 2013 ideals. Gradually and steadily, they have developed their mode of operation and chain of operation. As we can see, for example, San Po Kong is a place where there is a high dose of creative activities in the realm of play and drama; Kwun Tong is a place where music, movies and dubbing activities flourish; whereas Fo Tan has a group of people working on yet something different. I guess the Under Secretary has heard about all these from me for many times now. With diligence and a spirit of tenacity, a quality that Hong Kong possesses, people have been making headway towards their cause.
So now you started talking about revitalization of industrial buildings. In the last term of the Government, Donald TSANG said he was more than willing to make available industrial buildings for the use of the creative industries, and I thought we had blazed a new trail, and that he had accomplished what Mr TUNG failed to do. But that did not turn out to be the case. In the end, it was the real estate developers who caught the windfall.
Prior to the implementation of the policy, some members of the creative industries and I paid a visit to Carrie LAM, and we told her that was not going to work. The idea of revitalization of the industrial buildings would drive up rentals and drive away tenants. I asked her whether it would be possible to require those seeking for the change in use of the industrial building to reserve 20% of their units, which would be let to young people at inexpensive rentals. This is not unlike to the idea of mixed development which the Government has adopted all along, and that is not an idea first brought up by me. However, mixed development has fallen into oblivion over the past 10-odd years in the development undertaken by real estate developers, for reasons unbeknown to us. That is to say, the Government has not taken heed of the problem. As of to date, revitalization of industrial buildings has become tantamount to providing an opportunity for real estate developers to catch a windfall of profits by giving them spaces to conduct business, while all creative activities are being driven to extermination.
Dear public officers, you certainly appreciate the fact that creation is a process that requires various factors put together. Many of those who have realized their dreams in areas like San Po Kong and Kwun Tong have had to overcome a lot of difficulties. For example, the people who are engaged in performing arts in San Po Kong have their rehearsals and performances under flyovers. Many such venues have been in use in such a way that they have LEGISLATIVE COUNCIL ─ 1 February 2013 6215 nurtured, in the words of the Chief Executive, a culture representing "a sophisticated fusion of Chinese and Western influence".
We are in want of performance venues. Frankly put, performance venues here refer not just to venues for arts and culture. A designer once said to me, "Miss CHAN, there is not even a venue for us to have catwalks." While we do have state-of-the-art venues, we do not have any venue for budding creative activities. Much has been said on this already. Take hawking as an example, I once submitted a proposal to the Government for the establishment of the "Dragon Market" based on the "temple fair" culture at the Wong Tai Sin Temple, an endeavour that is still hailed by members of the public, thinking and believing that the Government will know how to go about it. But the Government has only made two moves: received the full report that I had prepared and submitted it to the responsible officer Victoria TANG; kept it as a successful case of the Home Affairs Bureau. After that, no action whatsoever has been undertaken. Subsequently, an area of 130 000 sq ft that we proposed was reduced to 50 000 sq ft. How could an area of 50 000 sq ft be sufficient for a bazaar? At times I want to say I find it heart-sickening. How are we going to build upon our initial idea and achieve some accomplishments? Staring from the time of Mr TUNG, we had consulted Patrick HO on the proposal, followed by Michael SUEN and other public officers. Honestly speaking, it once dawned to us that there appeared to be a beam of hope, but only to be overtaken by disappointment; a beam of hope, and disappointment; a beam of hope, and disappointment. Why was that the case? We later found out that land was the problem.
This being the case, I am going to point my finger at the real estate developers now. I have to ask CY LEUNG whether he has yielded to these real estate developers. He has made some really good suggestions, but there has been no follow up actions. Can you answer my question: whether 20% of the space during the revitalization of the industrial buildings can be reserved for the use of people engaging in creative activates at inexpensive rentals? Is this feasible? It is entirely feasible, yet you are not giving it a go. This is completely in contrary to what Donald TSANG said in 2006. Donald TSANG himself did not dare to go against the real estate developers in the past, nor does CY now. I think land is the problem. Let us take a look at South Korea. We find the development of culture and creative activities of South Korea enviable. The movies, TV productions, culture and arts of South Korea have completely replaced …… to me, they have overtaken the Japanese. While CY said the 6216 LEGISLATIVE COUNCIL ─ 1 February 2013 movie industry of Hong Kong was once renowned in the Asia-Pacific region, we have now been completely overtaken by other players. Korean style and Korean dramas are the trend now. I started observing the progress of their development in 1998, and their efforts began from Cheonggyecheon (清溪川) to Dongdaemun (東大門), in a step by step manner. This Council once took a duty visit to South Korea, but nothing has been done on the part of the Administration in response to the briefing made by us subsequent to the duty visit. To us, land must be made available and policies formulated as far as the government is concerned, right? The Under Secretary must bear in mind that the Government once intended to set up a Culture Bureau and rumours had it that you were the one to head the Bureau. As I see it, if you fail to see the importance of the issue, then in ten years time, you will be repeating what is being done right now, and that is to say, what the community does, you undo; what the community does, you undo. Subsequently, you will be standing here and talking about this issue again. I find this absolutely meaningless.
President, from the day when I submitted the proposal to Mr TUNG on matters relating to local culture and local economy to date, we have all along been aware of the unemployment problem. In the state of unemployment, young people are trying to move upwards, and you must see things from their perspective. "Every talent has a use". There we have young people of different calibres, and they must be given the opportunity to apply their talents. Medical practitioners, lawyers and professionals are not the only ones who can make use of their talent; the same should go to people engaging in cultural and artistic activities as well. They should be given an opportunity to chill out, should they not? Numerous young people have taken on the street, because they do not see any prospect, and do not have opportunities for upward mobility. I hope the Government will take our opinions seriously. Over countless years in the past, I have talked about this issue numerous times. Again I am spending so much time to tell you.
Besides, I also have some suggestions on matters relating to hygiene. Hygiene and employment are closely related to each other. It is related to the "layman", including children at the most primary level. Giving them a stall is very important. As a matter of fact, stalls can serve a multitude of purposes. For example, they can be used to sell fish, meat, vegetables and so on. Many other different things can be sold as well, such as clay figurines. Take a look at Tin Shui Wai and you will see. What the Government should consider now is LEGISLATIVE COUNCIL ─ 1 February 2013 6217 the overall hawking policy. In my view, hawking policy has a lot to do with the development of land as well. Secretary, if you are not able to handle this part properly, then you will have very little else to talk about. We have been talking about this since the time of Dr YEOH Eng-kiong to the present, because the Hong Kong Federation of Trade Union is concerned about the employment issue, and we have kept discussing with secretaries and public officers through different periods. Our suggestion is that to properly handle work in this area, due consideration should be given to the development of each individual district and land should be allotted for the use of stalls, like that in Tin Shui Wai at present.
Contrary to the current state of affairs, advance preparation is necessary for the formulation of a comprehensive hawking policy. Mathias WOO likes to say that instead of eradicating all hawkers, to the extent that even hawkers who make a living by selling red bean desserts are driven to extermination for the sake of the cleanliness of the city, the expenditures amounting to 600 to 700 million dollars for hawker control could be used on efforts for blending bazaars and hawkers into a culture of our own. The Government has simply ignored this. Yet, the Government cannot afford to ignore it, otherwise the matter will be taken care of by a third force. The community has given much advice on how to strike a right balance between the two. If the Secretary cares about this, he can come to me. I have friends around me who are very concerned about this issue.
Due to time constraint, I cannot go on and on for too long. I am going to talk about another issue, which is about primary healthcare. The Hon Alice MAK has asked me to pick up on what she left off just now, as she did not have enough time to finish delivering her speech. Regard primary healthcare, some doctors and I ― among them my personal doctor Dr CHOW ― routinely provide medical checkup for members of the public at the district level. However, what is the extent of commitment of the Government as far as primary healthcare is concerned? The Hon Alice MAK has provided me with some figures, but if I were to cite all the figures now, that will use up all my speaking time, and since I still want to speak on the next part, I will pass all the information to the Secretary.
On primary healthcare, Dr CHOW provides services for six types of cancer in the constituency to which I belong, attracting a large number of local residents flocking in for medical consultation. His being a medical practitioner, Dr CHOW has gathered a group of enthusiastic members in a plan to prepare a proposal to CY with suggestions on ways to share the current workload of the 6218 LEGISLATIVE COUNCIL ─ 1 February 2013
Hospital Authority, so that residents at district level need not necessarily go to hospitals. Instead, healthcare centres can be set up at district level which will, to a certain extent, provide assistance to the elderly, women and so on. Such a move can better utilize the resources in the community. For example, it is a feasible option to hire some people to provide assistance to the elderly. I appreciate the efforts of the Government on devising the "money follows the person" initiative, which I approve of. However, the amount is grossly inadequate. How can more funds be released?
Secretary, due to time constraint, I will talk about this specific topic on behalf of Hon Alice MAK. To me, this area of work has been …… particularly for the Wong Tai Sin district …… later on I will invite you to pay a visit to the elderly person living in the district. In their view, there are three aspects that are of utmost importance to the elderly: first, a roof to live under; second, a level of financial viability sufficient for them to meet their daily expenses; and third, medical care. There are actually many enthusiastic volunteers working in the community, yet it is inappropriate for the Government to rely entirely on the community. The Hon Alice MAK and I will talk about this specific issue with the Secretary.
Lastly, and I still have some time left, the reason why in our view the current policy address is …… in addition to supporting the delineation of the poverty line and the initiatives for the elderly persons, issues relating to environmental protection are matters of our great concern as well, especially in the case of Kowloon East. Many members of the public have told me, "Miss CHAN, it is good to have onshore electricity in place!" Therefore, we appreciate it very much on what the Secretary has told us the other day. Now the problem is, the terminal will be open in June, but in the reply she gave to this Council, the Under Secretary Dr Christine LOH remarked that onshore electricity facilities will not be ready until a few years later. So what are we going to do during the interim period? Friends of Earth said, "No way. Miss CHAN, you have to bring this up." Please, legislate and address this issue expeditiously. The Hon WONG Kwok-kin is very familiar with this topic. Vessels using residual oil have to switch to light diesel oil when they are in Hong Kong waters. Theoretically these vessels will have to switch to light diesel oil, but what if they do not make the switch? What are you going to do then? That is why CY says that these vessels account for 40% of the marine emission. So what are you LEGISLATIVE COUNCIL ─ 1 February 2013 6219 going to do in these few years? I will mobilize the Wong Tai Sin District Council to initiate discussions on this issue.
Secretary, air quality is a topic of our greatest concern, and I would like to give you some assistance in this respect. Actually I am doing you a favour ― I am doing you a favour by means of a scold. Go to the Government and demand the relevant government departments to work it out expeditiously …… the Department of Justice will say, "No, this is not feasible." Discuss the matter with them until the legislation is enacted. I do not understand the current culture. Some good policies, such as the one suggested by the Hon Mr WONG Kwok-hing on bicycle facilities has been subject to procrastination. Studies, procrastination; studies, procrastination …… Sometimes I wonder whether the problem lies in CY having problem commanding the Government, or whether the Government itself is having problems. I really have no idea.
President, these are my remarks, and I will talk about issues relating to district administration in the next session.
MR ALAN LEONG (in Cantonese): President, in this session of the meeting, I especially wish to deliberate respectively with Secretary Mr WONG Kam-sing and Secretary Dr KO Wing-man over two policy directions that the Civic Party would like to see implemented expeditiously through some concrete policies.
The deliberation starts firstly with Secretary Mr WONG Kam-sing. I wish that the Government could, when contemplating its policies on allocation of public resources, soon distribute more resources on improvement of air quality, rather than on the healthcare system or public healthcare to treat patients hospitalized due to heart and lung or tracheal diseases. Some Members have just mentioned about the poor air quality in such Mainland cities as Beijing, while some experts in the Mainland have remarked on the death toll that will happen after a certain amount of increase in suspended particulates. Indeed, we have discussed the study concerned with Secretary Mr WONG in many occasions when the Public Accounts Committee recently considered the Director of Audit's Report No. 59.
I am glad to hear the speech made by Secretary Mr WONG. He seems to agree that, if the Government needs to utilize its resources, and money would 6220 LEGISLATIVE COUNCIL ─ 1 February 2013 have to be spent anyway, then, the question lies in whether it is better to spend the money at the early stage or the later one. I believe that the society must have reached a consensus to support the allocation of money on improving air quality, including the replacement of vehicles by environment-friendly ones, or even the three-year programme proposed by the Civic Party to subsidize bus companies to replace old buses with Euro V buses, which are more environment-friendly. The Government does not have to worry about allegation of its collusion with the business sector, because the overall consideration will change completely as a result of a change in the direction to which money is to be allocated. The money will be spent on the early stage instead of spending on the healthcare efforts in hospitals. In this respect, I wish firstly that Secretary Mr WONG would not treat this lightly, and I expect that such a new way of thinking can be materialized shortly through some concrete policies.
I would like to mention the next issue to Secretary Dr KO. Secretary Dr KO probably knows that the Civic Party has always shown much concern about public markets. At present, there are 75 public markets and 25 free-standing cooked food markets, and how many stalls are there in total? President, there are 14 450 stalls. Consider that we have almost 15 000 of these stalls, which support the livelihood of many people indeed, and assume that each family has four persons, the number of those relying on such stalls can reach 60 000 to 70 000. Of course, the patrons of these 15 000 or so stalls are the many Hong Kong citizens who want to purchase fresh foodstuff of high quality at low prices, as well as to enjoy delicious foods.
Therefore, the Civic Party very much hopes that we can, under the leadership of Secretary Dr KO Wing-man, be given a clearer account of the market positioning and policy orientation on public markets and cooked food markets in the territory, instead of talking merely about the index-linked rent adjustment mechanism. In fact, if there is a good business environment where quality foodstuff is available at low prices, and that the 15 000 or so small business stalls can sustain their operations, than even if the rents need to be raised, things can be done more easily. So, I hope that the Secretary can understand that such issue can afford no more delay as we have waited long enough. We really find it unacceptable if even the installation of air-conditioners can be delayed time and again. Therefore, I hope that the Secretary can thoroughly follow up this issue at the Panel on Food Safety and LEGISLATIVE COUNCIL ─ 1 February 2013 6221
Environmental Hygiene within this year, with a view to achieving some concrete development.
Thank you, President.
MS CYD HO (in Cantonese): President, according to Mr ZHONG Nanshan, a Mainland expert in SARS, over the past decade, the number of lung cancer patients in Beijing have risen by 60%, and the increase in suspended particulates with a diameter of less than 2.5 micrometres in the air have caused adverse impacts on public health. As it is inevitable that we must breathe, the air quality of Hong Kong should never be the same as that of Beijing.
For this reason, we approve of the Government deploying public funds to assist part of the community, traders or members of the public who wish to shoulder the responsibility of reducing emissions and waste but fail to do so due to limited financial capability. Hence, although there may be divergent views over the administrative details in the implementation of a subsidy of 10 billion dollars for replacement of diesel commercial vehicles as suggested in the Policy Address, I believe that we all agree with this broad direction, which is also the so-called "glowing spot" of the Policy Address.
However, let me confirm that subsidy should not be the only "glowing spot". In fact, any environmental initiatives should also be linked to public health. If the environment is subject to air, light or noise pollution and public health is affected, no matter whether and how much we subsidize, the detriment to public health will cause more diseases and cost people more sick leaves, thus adversely affecting our economic activities. This is the price that the community will have to pay and the cost for all of us to bear. Hence, I earnestly hope that in considering environmental policies, policy bureaux should not focus merely on their own policy areas and deal with the respective communities only. The government as a whole should review its environmental policies in a holistic and comprehensive manner.
The two officials under the Accountability System in the Environment Bureau of the government of the current term have the zeal to promote environmental protection. But I believe that we today can feel lots of political resistance behind the scene. For instance, solutions are available free of charge 6222 LEGISLATIVE COUNCIL ─ 1 February 2013 for tackling the problem of light pollution, which we raised long time ago. However, much resistance come from the business and advertising sectors as they used to switch on advertisement lighting without any wish to turn them off. As a result, the advertisement lighting kept turned on overnight with additional electricity unnecessarily consumed. Although this has imposed little impact on roadside air quality, unnecessary consumption of electricity is a significant contributing factor to half of the pollution in Hong Kong.
Therefore, I hope that the authorities will understand that apart from funding, there are still other efforts that they can make to improve the quality of people's life, such as amending legislation, banning unnecessary lighting and refining measures to monitor noise levels, all of which can be achieved without the need to use a lot of public monies.
President, the Panel on Environmental Affairs of the Legislative Council has set up a subcommittee to progressively review the impacts of air, light and noise pollution on public health. We hope that in line with the efforts of the subcommittee, the executive authorities can review the existing legislation, administrative measures and funding principles to allow us to make concrete efforts to improve the quality of people's life.
Regarding air pollution, we all know very well that serious roadside emissions will raise the morbidity rates of asthma and respiratory diseases. But in reality, light and noise pollution also affect people's rest and their sleeping quality. Academics who attended meetings of the subcommittee pointed out that if the sleeping quality was chronically affected, immunity would be weakened and various diseases would follow.
Therefore, President, I hope that not only the two officials under the Accountability System, who care about the health of Hong Kong people, Secretary Dr KO Wing-man will also maintain good co-operation with the Environment Bureau to give data, as well as clinical and pathological information, on the adverse impacts on public health in Hong Kong. People will see that it is worthwhile to provide a funding of 10 billion dollars, make legislative amendments and refine administrative measures as we can reduce the medical costs. More importantly, health is priceless. If each and every citizen is in good health, they will make achievements in society, which cannot be measured in money terms.
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I hope that the legislation work on light pollution and the refinement of measures to monitor noise levels will gain the support of the relevant officials in public works and the policy bureau in charge of economic development as soon as possible. This is because the strongest resistance to regulation of unnecessary advertisement lighting comes very often from the business sector. They are afraid of losing their competitive edge when the lighting is off. However, at the very beginning, when there was no advertisement lighting, everyone was competing fairly as usual. I hope that Secretary Gregory SO, who is not present now, can help remove the resistance and obstacles from the business sector so that we can implement early these environmental improvement measures, which will not necessarily cost 10 billion dollars.
Thank you, President.
MR CHAN HAN-PAN (in Cantonese): President, in the Chief Executive's first Policy Address, 23 paragraphs deal with healthcare policies. They comprise four focuses, including provision of additional software for existing healthcare services, setting up of a committee on optimization of Chinese and Western medicine services, as well as setting out the future development of public and private healthcare services in Hong Kong mainly in the medium to long term. This part covers only a medium length of paragraphs when compared with the other parts. I am not going to give any specific mark to the Policy Address. But I would like to give one "praise" and make three "criticisms" generally as my marking for it.
To pay respect, let me begin with the "praise." I give one "praise" to indicate that healthcare is one of the most basic and needed services for the community. Public healthcare services are especially the basic safety network for the general public to ensure that they have access to general or specialist medical care and treatment. This is the duty of a responsible government. With an ageing population, public demand for healthcare services will increase accordingly. The Chief Executive and his administration team are well aware of this. Hence, in his Policy Address, the Chief Executive states that the Government will continue to set aside resources to enhance its support for healthcare hardware and software, including the addition of about 150 acute patient beds and 130 convalescent beds, taking into account the need of the community. Optimization of public hospitals in various districts will be carried 6224 LEGISLATIVE COUNCIL ─ 1 February 2013 out, including the construction and expansion of North Lantau Hospital, Tseung Kwan O Hospital and Caritas Medical Centre. The redevelopment plans of United Christian Hospital, Kwong Wah Hospital and Queen Mary Hospital will also commence one after another. The Government will be pursuing the construction of Tin Shui Wai Hospital and Centre of Excellence in Paediatrics at Kai Tak. The provision of all these hardware facilities will be taken forward. Undoubtedly, this will help improve the public healthcare services in the future. I also believe that such improvements are what people wish to see.
What is even more praiseworthy is that under public-private partnership (PPP) schemes, programmes such as Cataract Surgeries Programme, automated response system and radiological investigation services have been put in place to address the public concern about the waiting time for individual specialist or healthcare services, including that for the services of the Accident and Emergency (A&E) Department, about which the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) most concerned. The Government's response has indicated its confidence, though this does not necessarily mean good performance. The Policy Address recognizes the results of PPP schemes and requires the Hospital Authority (HA) to conduct a further study on outsourcing services so as to reduce the waiting time for public healthcare services. Considering that this corresponds with the theme of "Serving the People with Pragmatism" of the Policy Address, I see that the spirit deserves commendation and is therefore praiseworthy.
President, now I make criticisms after the praise. According to the Policy Address, which I have just mentioned, altogether eight public hospitals will be constructed, extended or rebuilt one after another. The hardware facilities will be ready, but the software, namely the healthcare personnel, does not seem to tie in with them. For instance, North Lantau Hospital will come into operation this year but only by phases, with eight hours of A&E services only. Tseung Kwan O Hospital fails to include obstetric services this year to honour its pledge made in 2008. No matter how hard we fight for, insufficient healthcare personnel will always be the authorities' excuse for not honouring their pledges.
As mentioned in the policy addresses of the Government of the last term, manpower shortage in public healthcare services, prolonged working hours and excessive work pressures had already been the routine items. Adding resources to retain manpower and increasing the number of training vacancies were LEGISLATIVE COUNCIL ─ 1 February 2013 6225 standard answers in the previous policy addresses. In fact, the recent shortage of healthcare personnel is attributable to the Government cutting expenditure and vacancies for training healthcare personnel due to SARS and the economic downturn which Hong Kong experienced a decade ago. In other words, we today have to bear the consequences of the last decade. As we all know, it takes almost eight to 10 years to train up a specialist doctor. In addition, manpower shortage in public hospitals has been further aggravated by private hospitals offering attractive remuneration packages and retirement of experienced doctors. I do not see that the government has any clues to tackle this, apart from improvement in the remuneration packages and promotion prospects of healthcare personnel. The Government does not seem to have any solutions, nor has it considered the possibility of expediting the recruitment of overseas doctors by streamlining procedures or enhancing Chinese medicine services so as to mitigate the shortage of doctors. As no short-term measures are available, I make one "criticism."
As the Policy Address highlights, the HA's will enhance A&E services in the first quarter of this year by providing special overtime honorarium and increase consultation sessions during peak hours to mitigate the problem of excessive waiting time for A&E services. However, I believe that the effect of these approaches will be short-lived. I have once made observations in Kwong Wah Hospital at 12 midnight. I saw that it was crowded with people, some of whom told me that they had waited for six to seven hours just for general out-patient services. Imagine that you are a patient who has to wait for seven to eight hours, suffering from coldness, hunger and sickness. I do not believe that anyone will feel good with all such suffering.
After that, I walked around to take a look at some private night clinics that I used to know and see if they were also crowded with people. I found that those private clinics had already closed down due to rent increases. How should those suffering non-urgent or semi-urgent patients react? What can they do when they are feeling ill late at night but have to wait for A&E services as no doctors are available elsewhere? They cannot but wait.
Hence, I hope that the authorities can improve A&E services. Following this, we also ask the authorities to extend the service hours for general medical services and explore the possibility of mitigating the problem with waiting time in the A&E department. However, the Government does not seem to have the 6226 LEGISLATIVE COUNCIL ─ 1 February 2013 intention to do so. We have suggested that overnight medical services be provided in most districts, but the Government does not seem to have any wish to do so. We see that the suffering patients want to have the waiting time shortened, but no solution has been given. To them, such waiting time is really unreasonable. If we demand that night clinics be provided, the Government will probably speak of huge costs and manpower shortage. However, as we have suggested earlier on, more attractive packages can be offered to private doctors for them to provide services to non-urgent patients in the A&E department during peak hours so that the unreasonable waiting time can be shortened. The Government seems to be half-hearted in taking actions. I have first intended to give one "praise" to the Government for its speedy actions, but in the end I make one "criticism."
Finally, I would like to talk about the development of Chinese medicine. I hear at last that the Government has decided to set up the Chinese Medicine Development Committee to take forward and explore the development of Chinese medicine to expand the role of Chinese medicine in the public healthcare sector. In a study conducted a few years ago, DAB interviewed a number of Chinese medicine graduates to understand their work situation. It is revealed that there is a wide gap between the current salaries of Chinese medicine graduates and those of Western medicine practitioners. Their career prospects were less satisfactory when compared with Western medicine practitioners. Consequently, many Chinese medicine graduates feel insecure about the future and many young people just dare not join the industry.
Actually, the existing Chinese medicine services of the HA are provided through tripartite co-operation of Chinese medicine departments, non-governmental organizations and local universities. In the case of Kwong Wah Hospital, it is mainly managed by Tung Wah Group of Hospitals. In this way, local Chinese medicine students can be provided with stable internship opportunities. If any organizations are willing to promote the services and co-ordinate with the universities, such service can then be provided. However, if none are willing to do so, Chinese medicine services may be cancelled. We hope that the Committee can perform its function to improve public healthcare services. In the face of insufficient healthcare staff and resources, we think that Chinese medicine is a good choice. For years, the Government has attached little importance to this. Now it kicks off at last. That is why I make one "criticism" to push the Government to act more speedily.
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In fact, since his assumption of office, Secretary Dr KO Wing-man has been fighting here and there against fire like a fireman. People can see his efforts and that he is actively tackling problems for them. Nevertheless, as we are now facing acute healthcare problems, we hope that the Government will make more administrative efforts in the future. Actually, the "praise" and three "criticisms" of mine also represent my wish to spur the Government on.
There is still a little time for me. Let me talk about the services of markets. Just as a colleague said this morning, most markets are not air-conditioned at present but the shopping malls nearby are, and these malls provide good services. The markets of the Food and Environmental Hygiene Department (FEHD) are so humid, small and crowded, and they are sultry in summer. Every time when we return from the market where we have bought the food, we have to bath twice. The competitiveness of the markets has thus been reduced. In fact, we should not simply regard the services of the markets as doing business. Those are the job opportunities for the grassroots. Just imagine, a fishmonger in the market can support the whole family and even afford his children university education, which is also the opportunity of upward mobility for the grassroots.
Therefore, the Government is duty-bound to improve the business environment of the markets. However, in installing air-conditioners for the markets, the Government is penny-pinching to the market traders. Concerning the calculation of air-conditioning charges, the areas covered by the stalls and those within yellow lines outside the stalls are included, and the traders have to pay for both areas. In fact, the Government may give a few concessions to the traders as this can benefit all people who buy food in the market, not just the traders. We hope that the Government can revisit the issue of air-conditioning in public markets for our discussion.
There is still another problem in the markets. In the past, live chicken were sold in the markets. Since the chicken vendors returned their licences to the Government, many stalls have been left vacant. With no chicken sold, the vitality of the markets is reduced. We earnestly hope that the authorities can invite new tenants to rent those vacant stalls. Earlier on, the Government has reviewed if new business modes, including food premises similar to those of the Hawker Center of Singapore, can be introduced in the market. It seems that this subject was discussed some years ago, but it has not been revisited for discussion. 6228 LEGISLATIVE COUNCIL ─ 1 February 2013
We find that the Policy Address makes no mention of any policies to be implemented in this respect.
Hawker bazaar is another issue. Tsuen Wan Hau Tei Square Hawker Bazaar, which was opened yesterday, is a good example. It is a market under the FEHD. But through the effort of District Council, we have made use of funds to turn the dilapidated tin-plate stalls into a new hawker bazaar. Although the place belongs to the FEHD, as we have seen, its surrounding is undesirable and the business environment is bad. With the Government's funding of some 10 to 30 million dollars, we have thus made these efforts to benefit the people.
Some members of the public may criticize that these efforts seem to be paltry charity only. But we do not agree as this provides the general public with a place to do business and earn a living. We hope that the FEHD will revitalize the unoccupied hawker bazaars in the future. In fact, as we can see, many such hawker bazaars in different districts are almost left vacant with nothing but muck and mice. They are of no use. We see this as a waste. If the FEHD or the bureau concerned relaxes its policies, some hawker bazaars can be reopened to give the grassroots a place to earn a living, where they can sell some cheaper goods. This is also beneficial to the community. We think that these are the efforts that the Government can make.
In our opinion, although the current term government may have lots of works to handle, it can deal with the smaller ones first so that people will feel that it has the determination to improve their livelihood. People see the Government's determination now, but they also hope that the Government will show them its efforts. I believe that as long as the FEHD and Food and Health Bureau can put more efforts in this respect, people's confidence will be enhanced. Moreover, as people trust Secretary Dr KO Wing-man so much, we hope that he can lead different departments to help improve the business environment for the grassroots, provide better places where people buy food and do shopping and even find a new way for their survival.
Thank you, President.
MR PAUL TSE (in Cantonese): President, one of the "highlights" in this year's Policy Address ― the wording used by one of our colleagues a moment ago ― is LEGISLATIVE COUNCIL ─ 1 February 2013 6229 the spending of $10 billion to tackle the problem of air pollution. The Chinese people have always had the wisdom to "shoot the horse first in order to shoot its rider; capture the leader first in order to capture all bandits", which means we should always tackle the crux of a problem first. Given the severe problem of pollution in Hong Kong, improving air quality is indeed a very important area of work, and therefore it is right to first "capture" the direction of this area of work. In addition, it seems that 92% of the source of roadside pollution in Hong Kong comes from diesel commercial vehicles, therefore focusing on this area of work is also a correct direction.
I believe that the Secretary and the Under Secretary who are present in the Chamber are experts in this area of work, and I am afraid that I am a novice performing in front of the masters, but I do want to make some suggestions on the implementation strategy. Based on the wisdom that we should always tackle the crux of a problem first, will the $10 billion project in question turn out to be lacking in focus? There is one point I want to mention in particular: the vehicles to be covered are not confined to pre-Euro, Euro I and Euro II vehicles, but Euro III vehicles are included as well. However, among such vehicles, many of them are border-crossing vehicles, roughly around 15 000 in total, and they need to refill their fuel tanks in areas north of Shenzhen River due to actual needs or economic incentives. We all know that at present, there is no supply of Euro V diesel on the Mainland. Under these circumstances, even though the relevant vehicles have been retrofitted or even replaced by new vehicles, if they do not get the suitable diesel or if they get the wrong fuel, then "the game is over". Hence, the results could be transient, and the real effects could never be obtained.
Therefore, if the scheme is to be effectively implemented with limited resources, we should focus on pre-Euro, Euro I and Euro II vehicles, which belong to the older types, or we should apply the scheme to non-border-crossing vehicles first, so that our efforts and subsidies will not go down the drain. Let me cite an example of subsidies going down the drain. The Government implemented an LPG (liquefied petroleum gas) incentive scheme in 2003 which was rather successful at that time because in the case of taxis, 99.8% of them switched to LPG after receiving support under the scheme; and in the case of minibuses, it was not that successful but 54% of minibuses still successfully switched to LPG. However, I am afraid that this LPG scheme will be "over" after one or two years, because as far as I understand, the catalytic converters have to be replaced, on average, once every 18 months or so. I am afraid that 6230 LEGISLATIVE COUNCIL ─ 1 February 2013 the Government may "start well but finish poorly", because it had spent a lot of money in the beginning to encourage people to replace catalytic converters without following up the problem of maintenance. Nor has the Government followed up the regular examination and repairs of these taxis and minibuses. As result, the money spent on this exercise has gone down the drain.
Therefore, if we are going to spend an additional $10 billion today, which is a large amount of money, then we should not repeat the past mistake of "starting well but finishing poorly". We must step up our efforts in doing maintenance work; be it "carrot" or "stick" we want to use, we should be fully prepared, and only then can we make the effects of our scheme sustainable.
President, on the other hand, we all know that each year some old cars are sent to the vehicle examination centers under the Transport Department for examination, but the standards of the emission tests conducted by the Transport Department lag much behind the standards used by the Environmental Protection Department. The lack of co-ordination between these two departments has led to a phenomenon that although many vehicles can run safely on the road, their emission systems emit black smoke like a cuttlefish. Of course, some vehicles are not really emitting "black smoke", but their emissions far exceed the thresholds. This is the loophole that needs to be plugged.
As far as the catalytic converter is concerned, irrespective of whether the Government intends to require a mandatory replacement or only to provide economic incentives in the medium term, it must at least embark on the preparation work, especially when more and more vehicles opt for these catalytic converters, the Government must spare no effort in preparing for market demand and formulating relevant arrangements.
Last but not least, President, I would like to talk about the problem of training. Although we have time and again pointed to the need to strengthen training for members of the vehicle maintenance sector in order to equip them with the knowledge and awareness of catalytic converters, it seems that the result in this regard has yet to become apparent. Therefore, since we are going to spend $10 billion, which is a handsome amount of money, I am afraid we need to ― and I wish to stress one more time ― tackle the crux of a problem first. We must be clear-headed as to the measures which are the most effective, and then start with the work that can be most swiftly and effectively done. We should LEGISLATIVE COUNCIL ─ 1 February 2013 6231 avoid starting out with many "giant" projects with short-term effects lasting no more than one to two years, and then going back to square one. That is not a situation we want to see.
Mr Alan LEONG just mentioned one point, and I could not agree more, that is money spent on precaution is always more "beneficial" because we would rather spend money on improving air quality than on building hospitals. When I went to Australia, no sooner had I stepped out of the plane than I felt the air quality of that place, and realized what was meant by fresh air. I hope that Hong Kong people would have a chance to have first-hand experience of fresh air. Given that the air quality of Hong Kong has been deteriorating for too long a time, Hong Kong people may have become accustomed to the stale air in Hong Kong, but this has to be changed. For the sake of Hong Kong society as a whole, and for the health of each and every citizen, we need to work for improvement immediately. Thank you, President.
MR CHAN HAK-KAN (in Cantonese): President, environment and conservation are always among the topics that the Chief Executive has been most concerned with. He spent considerable length in this year's Policy Address to elaborate his ideas on environmental protection and conservation, next to the topics on housing, poverty alleviation, and care for the elderly. He placed his focal points on two areas, namely the waste management strategy in Hong Kong at present, and the work to improve air quality. I believe that it is rather pragmatic for the Chief Executive to pinpoint these two existing problems in the areas of environment and conservation which are more salient and need to be tackled urgently, and for him to put forward specific policies. However, as we probe deeper into all these things, into some of the concrete plans proposed by the Government, such as the $10 billion project for phasing out diesel vehicles that was just mentioned by colleagues, these plans may not have the full support of and consent from the relevant sectors. Since the Government will earmark that huge amount of $10 billion for use, I hope it can go a little further in being specific, and sit down for a serious discussion with the relevant sectors, and in any case it should not repeat the same mistakes committed in its last two plans to replace old vehicles.
President, let me first share with you my own views on the Government's waste management strategy. The last-term Government had also vigorously 6232 LEGISLATIVE COUNCIL ─ 1 February 2013 promoted waste management plans, sparing no effort on landfills or incinerators, but regrettably it met with great opposition at the district level and in the Legislative Council. To put it a bit unpleasantly, the Administration was snubbed every time it came to this Council. Therefore, I hope the Government would learn lessons from its past experience when it attempts to promote these controversial or offensive measures, in the hope that it can smoothly promote and implement these policies.
I remember that during his election campaign, the Chief Executive once attended a forum organized by some environmental protection groups, and there he talked about his environmental protection platform. According to his words that have been cited by many people, at that time he was opposed to building incinerators, but after he took office, he said that the feasibility of building incinerators was not completely ruled out at the present time. Here I do not want to argue about the wording used at that time, but I think that construction of incinerators should be the last resort in the current waste management policy, especially when we say that Hong Kong should now fight for every single inch of land, and when land is such a precious resource, land should be used to build houses and community facilities instead of incinerators. Furthermore, we can see that a certain incinerator project is now under judicial review, and the results may not be available in the near future, thus I think that as far as the strategy for solid waste management is concerned, the Government should concentrate on recycling and waste reduction.
In this year's Policy Address, the Government proposes a charging system for glass bottles in particular, with a view to reducing the large quantity of glass bottles being dumped. I express my support for this approach, because glass bottles are recyclable materials and should not be dumped to landfills, nor should they take up space in landfills. However, whenever the Government promotes these "user-pays" programmes, the public always feel that the Government only knows the trick of "collecting money", such as levying fees for plastic bags, glass bottles, electronic and electrical products. But where does all the money go? We know it goes to the treasury. However, at the time when the revenue of Government goes up, how much money eventually goes to environmental protection? We have always suggested that the Government should adopt the "dedicated-fund-for-dedicated-use" practice, that is, the money collected for the sake of environmental protection should all be spent on protecting the environment. When the Secretary briefed the relevant Panel last week, he said LEGISLATIVE COUNCIL ─ 1 February 2013 6233 he would consider this proposal of mine, and I was very happy to hear that. I hope the authorities will adopt this practice when they collect fees for glass bottles or introduce plans to collect fees for other kinds of waste.
President, apart from glass bottles, as the Secretary often says, food waste has also occupied a lot of landfill spaces. As we will soon usher in the Chinese New Year, we will have family reunion dinner, spring festival dinner, meal served on the second day of the New Year, and all sorts of New Year festival food and cakes, and most of the time there will be plenty of leftovers, by then we will have a lot of food waste. Responding to this situation, the Government has launched the "Food Wise Hong Kong Campaign", but I have asked a lot of people in the neighborhood, and they know little about this campaign, let alone taking part in it as the authorities would urge, because they do not even know how to take part in it. Thus, if the Government really wants to promote the "Food Wise Hong Kong Campaign", it should not only do work at the central level, but should also carry out work at the community level and even team up with the 18 District Councils to publicize the campaign with greater strength, so that more people can take part.
Of course, to effectively reduce food waste, the Government needs to co-operate with the catering industry, but what is more important is to reduce household food waste. At present, members of the public have no way to recycle household food waste even if they want to do so. While some higher-class private housing estates might have put in place arrangements for recovery of food waste, the residents in most public housing estates might not even know about this. Certainly, the Government has gradually started to promote food waste recycling in public housing estates.
However, President, I wish to point out that there are 2 million people living in public housing estates, and I believe that if we can extensively carry out food waste recycling in public housing estates, the pressure from waste can surely be alleviated. In addition, we suggest that the Government should provide food waste treatment facilities in the newly-built public housing estates and Home Ownership Scheme estates, and I believe this approach would be more effective. If the Government does not assist the public to reduce waste on the one hand, but levy fees on household waste on the other, it is tantamount to forcing the public to pay garbage dumping fees.
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President, what I have just mentioned are all upstream measures for environmental industries, but what is more important is downstream work, such as how to strengthen recovery, recycling, and so on. In fact, Hong Kong does not have much of these downstream environmental industries, because the waste paper, glass bottles and plastic bottles collected are all exported overseas. Regarding environmental industries, how much do we have for ourselves? I scratch my head really hard, trying to think of some but eventually could see none. Recently, I spotted one project, which is the use of recycled glass bottles to make paving blocks for our pavements, but this is the only one I can think of. In this year's Policy Address, I do not see much effort from the Government for nurturing the development of environmental industries. It will do no more than identifying an unloading area for paper and waste for export, so there will be a stable disembarking area, and the rent will be cheaper.
On the whole, I feel that we need a policy to support environmental industries. Compared with the medical services industry or education services, environmental industries have got the community's consensus and will not entail endless controversies, nor will they create conflicts between Hong Kong and the Mainland. Since the Government has all along paid attention only to upstream collection work without doing any downstream recycling work, I hope that more can be done in support of the recovery and recycling industries when the Government announces its blueprint for waste management in future. Basically, this year's Policy Address is silent on this area of work.
President, I also want to say a few words on air quality. The Chief Executive has set out clearer and more ambitious objectives for improving air quality than for waste management. He hopes to broadly achieve the new air quality objectives by 2020, and his priority will be improving roadside air quality. At the same time, through reducing vessel emissions, strengthening co-operation with Guangdong, and further tightening the emission caps for power plants, he hopes to realize an overall improvement of air quality in Hong Kong.
We can see the earnest desire of the Administration in the past to improve roadside air quality, but due to a whole lot of reasons and problems, it lacked the strength all the time. Thus, this year's Policy Address "handsomely" sets aside $10 billion as subsidies for the transport sector to replace old diesel vehicles. However, many studies have pointed out that although roadside air quality affects the people's health, old diesel vehicles are only one of many factors. The LEGISLATIVE COUNCIL ─ 1 February 2013 6235
Government has put in more money this time, certainly because it has learnt a lesson from the failure of the previous incentive schemes. The Government has also proposed providing a subsidy for writing off vehicles, and increasing the amount of subsidy. However, the response from the transport sector seems to be lukewarm. I hope that when the Government implements the relevant measures, it should make sure that the measures would not affect the business operation of the sector, nor should the measures have the effect of forcing the aged owners of the "make-a-living" vehicles to retire. I hope the Secretary can understand this point. I believe that members of the transport sector would be willing to contribute to protecting our environment and improving our air quality. With this in mind, the Secretary should understand their plight.
The Policy Address proposes to set a service life limit for new diesel commercial vehicles at 15 years. This is an important point. However, I hope that the Government will not only target on diesel commercial vehicles, but also consider setting service life limits for public transport vehicles and buses. At present, the service life limit for them is 18 years, which is three years longer than the 15-year limit set for private cars. The Government should not force the general public to phase out old diesel vehicles, while being timid in asking large public organizations for early replacement of diesel vehicles. These two should be treated equally.
President, apart from phasing out old diesel vehicles, the Government should also promote green transport. I notice that the last-term Government made a great deal of efforts to promote the use of electric vehicles, but it seems that this year's Policy Address has not mentioned this point. Is it not viable anymore? Or is the Government not prepared to inject a lot of resources into this area of work? Concerning this point, those people who have already purchased environment-friendly vehicles, and those organizations which have already purchased electric vehicles, may feel a bit disappointed. For those who have yet to purchase one, they may have some considerations too, because the number of private car models eligible for the existing environment-friendly vehicle tax concessions will decrease from 139 to 26 as the Environmental Protection Department tightens emission standards, and consequently the prices of some environment-friendly vehicles grotesquely increase by $60,000.
President, you may feel that it is a good thing that emission standards be tightened, but from another perspective, cancellation of the tax concession deals a 6236 LEGISLATIVE COUNCIL ─ 1 February 2013 severe blow to green transport, and reduces the public's enthusiasm to use environment-friendly vehicles. Therefore, I hope that in the soon-to-be announced Budget, the Government would propose more policies to encourage the public to use environment-friendly vehicles, and I think only in this way can Hong Kong's roadside air quality see overall improvement.
President, poor roadside air quality is a problem of air pollution that can most easily be felt by the public. However, when I read the Audit Report recently, I found that marine vessels were the largest source of the three major air pollutants in Hong Kong. Fortunately, the Chief Executive has also seen this invisible "killer". Through an incentive scheme, he plans to encourage ocean-going vessels at berth to use low-sulphur diesel. Since the Kai Tak Cruise Terminal will soon be commissioned, the new incentive scheme is good news for the residents at Kai Tak. But I feel that this is not good enough, because the on-shore power supply facilities at the cruise terminal have not yet been built. At the panel meeting last time, I asked one relevant question. I found that the completion and commissioning dates of the cruise terminal do not align with those of its on-shore power supply facilities. In other words, when cruise vessels berth at the new terminal, they may still have to use diesel, and cause serious pollution to that area. Therefore, I hope that the Secretary can install the on-shore power supply facilities as soon as possible, so as to alleviate the possible air pollution that may be caused to the residents at Kai Tak.
Furthermore, President, as we talk about vessel emission restrictions, I feel that a "dislike" should be given to the Policy Address in this regard, because it only mentions emissions from ocean-going vessels. President, as you know, Hong Kong has many other vessels, for example, local fishing boats, ferries, and a large number of river trade vessels ― they are also major sources of pollution. However, I read and re-read the Policy Address, and found only one relevant sentence, and I quote: "…… promoting the use of cleaner fuels among local vessels …… conducted relevant tests and consulted the relevant sector".
President, those words have been said long time ago, and we have heard those words time and again, but there have never been any concrete proposal and implementation timetable. Of course, I have heard complaints from many friends in the agriculture and fisheries sector, including Mr Steven HO, who is the Member representing that constituency. They reckon that it is becoming more and more difficult for the agriculture and fisheries sector to make a living; and LEGISLATIVE COUNCIL ─ 1 February 2013 6237 that apart from the decreasing catch which leads to unstable income, they have to spend a lot of money to replace engines and use cleaner fuels, but the Government's support for the fisheries is very limited. Since the Government can spend $10 billion to replace old diesel vehicles, why does it not give a tiny bit of money to the fisheries sector to help them switch to cleaner fuels and replace old machines with better ones? I hope the Secretary can give it serious considerations.
President, I concur with what the Chief Executive said in the Policy Address that with better environmental conservation, Hong Kong can be the loveliest city in the world; and I truly believe that the people of Hong Kong, like its Government, have the same mind and the strength to contribute to the building of a lovely city. The environmental protection policy mentioned in the Policy Address is only a small step towards our goal. I hope the Government would take a few more steps on various fronts, and together we will build a green Hong Kong.
President, I so submit.
MR CHAN KIN-POR (in Cantonese): President, this year's Policy Address has put forth quite a number of measures to tackle environmental pollution, and has accepted some of our ideas to decisively phase out old diesel commercial vehicles by setting aside $10 billion as subsidies and using economic incentives to encourage vehicle owners to replace their old vehicles with new ones. Diesel vehicles of the old types are the culprit to blame for the air pollution on our roads ― a consensus reached long ago by the Panel on Environmental Affairs of the last term of the Legislative Council, and a request hence made to the Government for phasing out the old vehicles as soon as possible. The Government will now take measures that are more comprehensive, albeit much belated; and so it has finally made the first step in the right direction.
The Policy Address proposes to progressively phase out heavily polluting vehicles like pre-Euro, Euro I, Euro II and Euro III diesel vehicles, having regard to their pollution level. Data show that such vehicles now number at roughly 88 000, and if they are replaced by the Euro V model, the overall emissions of particulates and nitrogen oxides can be reduced by 80% and 30% respectively, as a result our roads will become much less polluted. The scheme this time has 6238 LEGISLATIVE COUNCIL ─ 1 February 2013 also adopted another idea from us, that is, the vehicle owners who "write off their vehicles" without buying a new one may also receive subsidies.
However, there are some hidden worries as to whether the scheme can turn out to be a success. While the Government has indicated that, in addition to providing subsidies, from 2016 to 2019, it will not renew the licences for the old vehicles concerned in phases, but experience from the failure of the previous replacement schemes shows that, when the amount of $10 billion of subsidy is given to 88 000 vehicles, each vehicle on average will get about $110,000 only, whereas the price of a new vehicle now stands at approximately $800,000 to $900,000, so the amount of the subsidy may not be attractive enough. Even if the old vehicles are going to be deregistered in phases, owners of these vehicles may resist strongly or simply delay the replacement until the deadline. Such being the case, pollution will hardly be improved within a short time.
In fact, it is of course the best scenario if all the old diesel vehicles can be phased out as scheduled; otherwise, consideration may be given to concentrating our resources on replacing the old pre-Euro and Euro I to Euro II vehicles. In fact, there are approximately 30 000 Euro III vehicles in Hong Kong, and they are relatively new and much less polluting than the old models. These vehicles can be replaced later and resources can then be diverted to increase the subsidies for the replacement of the older models, with a view to advancing the time for completing the entire replacement exercise and expeditiously improving air pollution.
As for waste management, the Government has proposed various measures, including waste charging, building incinerators, developing recycling industry, and reducing food waste. I generally support all these proposals, but I suggest that the Government should integrate all these separate measures into a set of comprehensive policy by considering energy conservation, waste separation at source, solid waste charging and construction of incinerators on a territory-wide basis and implementing such measures in a systematic manner. In so doing, the public can clearly see the full picture, and the authorities can solicit public support more easily.
The construction of incinerators is inevitable because our landfills will be exhausted sooner or later. In fact, the use of incinerators is a well-developed measure. Incinerators are adopted by many advanced countries in Europe and LEGISLATIVE COUNCIL ─ 1 February 2013 6239
America, and their practices can be a good source of reference for the Government which should take into account the views of the affected residents in conducting consultations and drawing up complementary measures in tandem with the building of incinerators.
As for the issue of healthcare, I am very concerned about the issue of healthcare financing. The Government has advised that it is now promoting the Health Protection Scheme (HPS) based on the findings of the second-stage public consultation on healthcare reform, and it expects to complete the scrutiny of the details within this year.
I think that two major principles are essential for the successful development of HPS. Firstly, the balanced development of the public and private healthcare sectors should be maintained. When the Government promotes the development of the public healthcare sector, it should also enhance the service standards of the private healthcare sector, so as to attract the public to join HPS and build up a critical mass. Secondly, the public's support for and their active participation in HPS should be sought. There is some misunderstanding of HPS in the community, and I hope the Government can enhance its publicity and education efforts to instill the proper concept about HPS among members of the public.
Regarding misconceptions about HPS, the public and perhaps many political parties would think of insurance companies as the prime beneficiaries, but this is simply not true. The Government has committed $50 billion for the purpose of improving the existing health protection system, and this amount of $50 billion will be spread over 20 to 25 years for use. On average, it means that only $2 billion to $2.5 billion a year will be used on those HPS elements that are beneficial to the public, such as no turn-away of subscribers, renewal for life, coverage for those who have pre-existing medical conditions, and establishing high-risk pools, and so on. Actually, all these are subsidies for the public, and the prime beneficiaries will definitely be the public. In fact, on average, only $2 billion to $2.5 billion will be used in each of these years, and this is only a small fraction when compared with the Hospital Authority's recurrent expenditure of $40 billion a year. Therefore, it is necessary to clarify misconceptions about HPS, and only then can HPS receive support from members of the public and political parties. This, of course, is the work of the authorities.
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Furthermore, HPS also needs the support of the medical services sector (including doctors and private hospitals), and we must let them understand that a more transparent charging system will boost confidence among service users, whereas service packages would allow customers to better plan their budgets and make better use of private medical services. All sides would benefit from the Scheme.
Finally, support from the insurance sector is crucial. At present, the Government is discussing with the sector on the details of HPS. I hope that the Government will uphold the "voluntary" nature of HPS. Not only customers have to participate in HPS "voluntarily", so do insurance companies. The Government should refrain from rashly putting forward legislative proposals for regulating all health insurance products before a consensus is reached on the details and before such details are accepted by the insurance sector. Any attempt by the Government to do the opposite would only be counter-productive in that they are ruining a job rather than having it done. Actually, in the process of deliberation on details, the insurance sector plays the role of a gatekeeper, and uses the experience it acquired from running health insurance business for several decades and serving more than 3 million subscribers to ensure that the technical details of the scheme are practicable, so that the existing system can be improved and the scheme will become viable and sustainable. Therefore, it is of paramount importance that the unreserved acceptance and support of the insurance sector for the technical details of HPS be secured. I do hope that the officials concerned can bear this in mind.
I so submit.
MR SIN CHUNG-KAI (in Cantonese): On the measures for the ocean-going vessels as mentioned in the Policy Address with the aim to make them reduce emission of pollutants while entering the waters of Hong Kong, we certainly welcome those measures. But, in fact, during several meetings with the Secretary, I had mentioned to him that there were also many vessels plying the waters between Hong Kong on the one side and Macao and the Mainland on the other side, and they sailed frequently and used diesel of poor quality. In fact, it is fully justified for Hong Kong to take the initiative to enact a law stipulating that these Hong Kong-bound vessels must use diesel of better quality, so as to LEGISLATIVE COUNCIL ─ 1 February 2013 6241 ensure that the vessels sailing into Hong Kong waters use better diesel, in order to reduce pollution.
The second point I want to make is about the $10 billion subsidy for replacement of vehicles, and some of the content I want to say has just been mentioned by Mr Paul TSE. After we have put in a great deal of efforts, if the border-crossing vehicles refill their fuel tanks at Huanggang before crossing the checkpoint in Shenzhen, our efforts would become futile. Even if the old vehicles are replaced by the better ones, like Euro IV or V models, once they refill their fuel tanks with the gasoline that is used on the Mainland ― a replaced new vehicle using gasoline of poor quality ― then our efforts would become futile.
Of course, based on the principle that "projects would be rolled out once they are ready", and given that the Chief Executive or the Secretary enjoys such good ties with the Mainland, is it possible for the Government at least to consider urging Shenzhen to use better gasoline? Or is it possible to implement certain measures, such as lowering the amount of subsidies for vehicles issued with both Hong Kong and Mainland licences? Or should the amount of subsidies be increased for the vehicles that only run in Hong Kong? Otherwise, how can we ensure that our money is used effectively?
The Government will soon carry out an interim review for the two power companies. At present, some power companies implement the regressive tariff system, which gives discount to those who use more power, but this is a measure contrary to the effort of inducing the public to save energy. Therefore, I hope that the Government will consider implementing the progressive tariff system, in order to induce organizations to reduce the use of electricity.
I certainly hope that, although it will be a difficult task for the Government to do, it can try to lower the permitted rate of return for the two power companies in the process of carrying out the interim review, because the current rate of return of 9.99% is still on the high side. This is fundamental. However, it is unlikely that the rate of return of 9.99% can be lowered during the process of carrying out the interim review. Having said that and given that five years will soon lapse, it is imperative for the Government to raise this issue as soon as possible. I believe that lowering the rate of return is the only viable solution.
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Is it imperative that the rate of return be fixed at 9.99%? Or can it be based on the so-called international market benchmarks, such as linking to the United States treasury bonds? Owing to the low interest rates at this moment, power plants can borrow money at low rates, and then turn it into assets in order to earn better return. Only by decreasing the rate of return can the level of tariff be lowered. What else can we do to ask the power companies to earn less? We know perfectly well that they would not want to earn less because commercial organizations set profits as their goals.
I so submit.
MR CHARLES PETER MOK (in Cantonese): President, if we can vote on the Motion of Thanks separately in these five debate sessions or even in every policy area, I may consider voting for this part. The reason is that the policy area on environmental affairs, being the only one for which the Government has attempted to set out objectives and a roadmap, is the only part that should be given a passing grade.
Firstly, air quality affects everybody's health and the overall competitiveness of Hong Kong. We should not continuously pollute the air we breathe in for the sake of saving the trouble or gaining short-term economic benefits. The Policy Address puts emphasis on improving air quality, including phasing out old diesel commercial vehicles, limiting vessel emission, and bus route rationalization. I support these measures.
It is mentioned in the Policy Address that public consultation on the formulation of the Biodiversity Strategy and Action Plan for Hong Kong will be conducted this year and emphasis will also be put on conservation of land and marine ecologies in major government policies. I hope that the Government will not forget to take into account environmental and conservation considerations in its crazy search for housing lots.
Many Members have also raised the issues concerning water and light pollution. I agree with their points and therefore I will not repeat them here.
Regarding the regulation on electricity, the Secretary for the Environment has advised that consideration will be given to introducing the progressive tariff LEGISLATIVE COUNCIL ─ 1 February 2013 6243 structure. For many industries that have tried hard to save energy but are forced to increase the use of electricity due to continuous expansion, including many public service industries (such as public transport, and so on) and those which should be considered on a par with public service industries (such as Internet data centres), the introduction of a progressive tariff structure across the board without careful consideration is just like stabbing a knife into these priority industries of Hong Kong. This will bring more loss than gain. The Government should request them to step up energy conservation with proven efficacy. It should also adopt a balanced approach and retain the regressive structure.
President, I so submit.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
DR LEUNG KA-LAU (in Cantonese): President, I would like to talk about medical problems when there are still some Members present. I have heard long enough to have a view that most Members are comparably laymen. For example, the dissatisfaction with the services of the Hospital Authority (HA) is often said to be the result of the shortage of healthcare manpower, which leads to excessively long working hours, unduly long waiting time of patients and the recruitment by private hospitals with very attractive remunerations, and so on. And then they came to the conclusion that overseas doctors should be imported and the number of medical students should be increased, and so on.
Regarding the Policy Address, I am in fact very disappointed too because the major part of paragraph 14 concerning medical services is, as I see, old content which is about the established planning of the last-term Government only. Surprisingly, he has also incorporated the development of the twin-track healthcare system as a main selling point, but the twin-track system for public and private healthcare sectors in Hong Kong has actually been developed since the past century. I really cannot see any new idea in mentioning it again at present.
Besides, it is also proposed in the Policy Address that a few patient beds will be added but they only account for less than 1% of the total number of HA's existing beds, while the new hospital and the redevelopment of hospitals mentioned in the Policy Address are all old content. The only new element is to 6244 LEGISLATIVE COUNCIL ─ 1 February 2013 set up a steering committee to conduct a review of the operation of HA, but no direction is mentioned at all. If it is the blueprint of the Government's medical policy in the next five years, both the industry and I will be very disappointed. Let me explain a simple reason why the public are still not satisfied with HA's services even the Government has allocated considerable resources to HA in the past many years.
The general public and Members evaluate HA's services based on the waiting time of patients. It is often heard that the waiting time of a patient is three years for the cataract surgery and five in the case of enteroscopy in individual cases. From this, it can be inferred that HA is certainly very ineffective. According to the new data on waiting time, it is found that in HA ― although I have repeated numerous times, I have to say it again as Members are not always present ― the waiting time for the Ear, Nose and Throat Department is, for example, 54 weeks in the New Territories East (NTE) Cluster and two weeks in the Central Kowloon (CK) Cluster, rendering a big difference in waiting time between the two. Why is the difference so big? It is because there is a problem with the resource allocation. For instance, in the example that I have just cited, the funding allocated to the NTE Cluster for every 1 000 people in the population annually is some $4.9 million. Why is the waiting time in the CK Cluster so short? It is because the funding allocated to the CK Cluster for every 1 000 people in the population last year was some $11 million, more than double the amount received by the NTE Cluster.
With the difference in funding between the two clusters exceeding a double, it is quite natural for a difference in manpower to exist too. There are only 0.7 doctors for every 1 000 people in the population in the NTE Cluster, while there are 1.3 doctors for every 1 000 people in the population in the CK Cluster. Was it a problem for one year only? Can the Government solve the problem by increasing its funding to the cluster with fewer resources and manpower? Yes, in theory, but has it done so?
In the review of the past six years, the provision for HA has increased from $28 billion to $41 billion, which is actually quite generous. However, we have to take a look at the allocation of funding among clusters. Let me give another example: the Kowloon East (KE) Cluster, which is one of the clusters which lack resources and manpower most, served 13.6% of Hong Kong's population in 2006-2007, but obtained only 10.1% of the funding allocated to HA, with 30% LEGISLATIVE COUNCIL ─ 1 February 2013 6245 less. With the passage of six years, the catchment population served by the KE Cluster has changed little, accounting for the same percentage of about 13.6%. Although HA has increased its funding to the KE Cluster by more than $10 billion, but the ratio of funding obtained by the KE Cluster is, and has all along been, 10.1% which has not been increased at all. Is it actually a problem of inadequate manpower?
Let us look further back at some data. As a matter of fact, the number of HA doctors has increased in each of the past 14 years. In 1998, there were only 3 500 doctors in HA and the number of doctors has increased to 5 300 last year, with a rise of 40% to 50%, far more than the growth of Hong Kong's overall population and the increase in HA's service throughput. In short, it is basically a problem of uneven allocation of resources. Regardless of the amount of increase in government provision to HA, if the ratios of resources obtained by the clusters without adequate manpower have not increased, their manpower will still be inadequate even though the Government has further doubled its provision of resources and manpower for HA. Where does the problem lie? It lies with HA's internal resource allocation system.
In a nutshell, the worse HA's governance becomes, the more rewards HA can get. This is because regardless of the amount of increase in government provision to HA, if the internal resources are allocated unevenly, some departments and clusters of HA will never have adequate resources. This will lead to HA's poor governance and when its services are poor, waiting time is long and the detailed reasons are not known, the public and Members will exert pressure on the Government to continue increasing provision for HA to increase its manpower. That is to say, institutionally, the worse HA's governance becomes, the more rewards and funding HA can get.
Therefore, the problem cannot be solved by merely increasing HA's provisions. Instead, it is necessary to introduce the "money follows patient" concept to HA's resource allocation mechanism. That is to say, if a cluster is under great work pressure and serves more patients, it is necessary to allocate more funding to it. Why can the "money follows patient" approach solve the waiting time problem? I gave an explanation on it earlier. For example, when my wife was going to give birth in a private hospital last month, the doctor recommended her to receive an ultrasound scan of the brain. My wife was intended to be discharged from the hospital at 10 am, but she was informed by the 6246 LEGISLATIVE COUNCIL ─ 1 February 2013 hospital that such scanning service could only be arranged for her at 4 pm. My wife then said if she had to wait for more than six hours, she would rather be discharged from the hospital to find another one. The private hospital said that in such case it could, quite simply, arrange for her to receive an ultrasound scan of the brain immediately. With the "money follows patient" concept, service providers naturally have a great incentive to refrain from asking patients to wait because if they are required to wait, money will follow them away. Therefore, if the waiting time problem is to be solved, the "money follows patient" concept is very critical at the macro level of the institution.
As I often criticized last year, it was not possible for the waiting time of various clusters to be so different since under the same roof of HA, the waiting time of one cluster could not impossibly be so many times longer than that of another. Measures are proposed in the Policy Address to provide patchy remedies, that is, HA will adopt an internal administrative measure to transfer waiting patients from some clusters with long waiting time to those with shorter waiting time. For instance, patients seeking treatments from the Ear, Nose and Throat Department in the KE Cluster can be transferred to the CK Cluster. This measure will achieve certain effects at first, but it will become ineffective very soon. Why will it be so? It is because my colleagues in the CK Cluster (that is, those in the cluster with shorter waiting time) will soon complain to me that the waiting time of their cluster is short because they work efficiently and medical consultations are done quickly. They will say, "if our medical consultations are done efficiently and quickly, HA will transfer more patients to us to increase our workload; as such, it is best for us to keep up with general efficiency." If the waiting time of a cluster is a little more than 90 weeks, we should slow down a bit to lengthen the waiting time to 90-odd weeks.
The core of the problem is that it is just not feasible to transfer patients only without effecting institutional change in the allocation of resources. The effectiveness of this method can only be maintained for about several months or one year at most and the waiting time of all clusters will be lengthened in a crack.
How can the "money follows patient" concept be implemented at the institutional level? It can be implemented from senior grades downward and at the front-line level, simply speaking, it will actually become a "more work, more pay" working-hour mechanism, that is, the standard working hour mechanism. As a matter of fact, are the working hours of my colleagues in the HA really very LEGISLATIVE COUNCIL ─ 1 February 2013 6247 long? According to HA's own survey, the number of working hours is about 50 only, that is, 5 000-odd doctors work approximately 50 hours a week on average. In fact, it is arguably not very long, but in the absence of the "more work, more pay" working-hour mechanism, many not-quite-senior colleagues will carve a niche for themselves by refraining from working excessively long hours and too hard. If they cannot do so, coupled with the absence of the "more work, more pay" mechanism, they will leave HA.
Therefore, if HA intends to shorten waiting time and retain talents, it should implement the "money follows patient" concept at the institutional level and the "more work, more pay" working-hour mechanism at the front-line level. After all, does the implementation of the "more work, more pay" working-hour mechanism ― as I have also mentioned it to the Secretary before ― require a lot of money? The Secretary once said: "It is very difficult to implement the 'more work, more pay' mechanism as the basic salaries of doctors are too high". He said that it would probably be feasible only if the basic salaries of doctors were reduced before overtime pay was given, making the expenditure on the "more work, more pay" mechanism and the level of expenditure on their original salaries comparable. Let us calculate how much money needs to be spent. The annual total expenditure of HA is about $40 billion at present, but the total remuneration paid to doctors is only about $7 billion. If HA sets up a "more work, more pay" mechanism to give overtime pay to its doctors, based on a 50-hour work week ― as doctors work 50 hours a week on average according to HA ― under proper management, no overtime pay will be required to be given in theory if overtime pay is only given for a work week exceeding 50 hours (the calculation is done to my disadvantage because overtime pay is not given for a work week with less than 50 hours). Of course, I do not want to put my colleagues originally working less than 50 hours a week (such as those who work 45 or 46 hours a week) in an unfavourable situation by making them work a few hours more. I only suggest that overtime pay should be given to those colleagues who have all along been required to work excessive overtime, that is, over 50 hours a week. If so, the expenses used to deal with this historical problem are in fact only about $1 billion a year according to my estimation. In the past six years, HA's current expenditure has increased by more than $13 billion. For the $1 billion, it is, I think, absolutely affordable to the Government if the personnel management mechanism can be improved, thereby shortening waiting time and enhancing efficiency.
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On the contrary, is it practicable if you even want to save this $1 billion and cut the basic salaries of all colleagues by 16% in the first place? This is rather difficult because a lot of colleagues, such as those senior colleagues I mentioned just now, have all along been paid this salary and have secured a nice environment for survival. You, however, suddenly ask them to have their salary cut. I would be surprised if they would accept such a salary cut. If we all and the Government consider that manpower is important, then it is unreasonable to headhunt with low salaries when there is a relative shortage of manpower. Instead, the salaries of the colleagues should be slightly raised so as to retain them. So I hope all of you understand my analysis. In fact, it is very simple. The mechanism of "more work, more pay" should be put in place, while HA should implement the "money follows patient" system in order to provide incentives for reducing the waiting time.
As there is still some time, I would like to discuss an issue mentioned by Mr LEUNG Chun-ying in his election manifesto, which is the proposal of introducing tax concessions for health insurance. When he made this proposal, no condition was appended to it. At that time, he said that a study would first be conducted on health insurance, and then he would see what could be done. Moreover, he also proposed that tax concessions could be introduced for health insurance so as to provide an incentive to attract more middle-class people to take out health insurance cover. Yet in the current Policy Address, he seems to have linked the tax rebate for health insurance to the Voluntary Health Protection Scheme previously put forth by the Government. It appears that he will not implement tax concessions for the time being. In addition, if the Voluntary Health Protection Scheme previously put forth by the Government does not come into existence in the end, whether tax concessions for health insurance will be left forgotten? I hope the Government will honour the pledge of the Chief Executive in its Budget. Actually, according to his declared principle of introducing new measures once they are ready, it is unnecessary to link the provision of tax concessions for health insurance to the Voluntary Health Protection Scheme. The former can indeed be launched immediately to alleviate the burden of the middle-class people. I so submit.
MR CHUNG KWOK-PAN (in Cantonese): President, this time, I would like to speak on the issues of electricity tariff and waste recovery. We all remember that the power companies asked for a tariff hike of nearly 9.9% last year, and they LEGISLATIVE COUNCIL ─ 1 February 2013 6249 were like having a lion's appetite. The tariff rise for this year is lower, yet the rate of increase for CLP Power Hong Kong Limited is still 5.9%, and that for Hongkong Electric Company Limited is 2.9%.
Many people say that the biggest problem facing us is lack of competition in the supply of electricity, where two power companies have monopolized the whole market. But we know that it is difficult to introduce greater competition into the market. Last time when the authorities reviewed the electricity market, some enterprises claimed that they would make their way into the electricity market, but nothing has materialized.
Under the circumstances, although a mid-term review of the Scheme of Control Agreement will be conducted this year, I doubt if the Government will be able to accomplish anything. Of course, we will continue to voice the people's aspirations and fight for their rights. However, given the monopolized electricity market at present, I am afraid we should not have high hopes. If the Financial Secretary will continue to provide electricity subsidy in the Budget to be delivered at the end of this month, it will certainly benefit the small and medium enterprises (SMEs) as electricity tariff represents part of their operating cost, in addition to rent and wages which have kept escalating recently. But we do not expect the Government to provide subsidy every time.
Nuclear power was identified as a possible source of energy in the Government's Policy Address. At present, we receive just a limited supply of electricity generated by the Daya Bay Nuclear Power Station. As a result of the nuclear power accident in Japan, many members of the public and even Members of this Council are of the view that the use of nuclear power for generation of electricity is a very dangerous proposition. However, we have to understand that nuclear power is the most inexpensive and cleanest form of energy. A number of nuclear power plants will be built by the Guangdong Provincial Government in the next few years or over the next decade at locations surrounding the territory of Hong Kong. We certainly know that in the event of a nuclear incident involving a nuclear plant, we will not be unaffected by the resulting calamity. However, given the de facto existence of the nuclear power plants, however undesirable we may find that to be, why do we not consider purchasing electricity generated by these nuclear power plants from the Guangdong Provincial Government?
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In fact, there is no use to feel worried. Instead, the opportunity should be taken to introduce nuclear power to increase electricity supply and encourage competition. Members of the public will be given an additional choice, which can help contain the pressure on electricity tariff arising from the annual fluctuation in the prices of natural gas. I believe this is an option that warrants our consideration.
(THE PRESIDENT'S DEPUTY, MR ANDREW LEUNG, took the Chair)
The other issue that I would like to talk about is environmental protection and waste reduction. The Government is implementing a waste charging scheme in phases. With rising public awareness on environmental protection, the general response to the charging scheme is quite positive. But, to a certain extent, waste charges will be a burden to us financially.
It goes without saying that treatment of waste will add to the burden of the community and the economy. To tackle the problem at the root, I believe we have to reduce waste at source and practise waste separation and recovery. As a matter of fact, in many overseas countries or even in our neighbouring regions, various waste separation and recovery schemes have been implemented for years with substantial results. However, in Hong Kong, we remain at a stage where we are still chanting slogans such as "blue for paper, yellow for aluminum cans and brown for plastic bottles". Limited results have been achieved through waste separation and recovery. Waste separation and recovery must begin at home, if we were to achieve concrete results. Yet, it is still a common practice for Hong Kong people to put all their rubbish into a garbage bag and then dump it to the refuse depot in one go.
As such, I believe that further improvements should be made by the Government on the recovery networks of other recyclable waste such as glasses, batteries, electronic products, food waste and even old clothes and fabrics, instead of confining to the recovery of waste paper, aluminum cans and plastic bottles. Furthermore, the Government should step up efforts in educating the public or even providing financial incentives to encourage the practice of domestic waste separation at source. No longer should we throw away all domestic waste in a bag like the way we do today.
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Some overseas countries even legislate for mandatory waste separation. At the current stage, further examination or studies can be conducted on the need for such legislation, and there is no need for hasty decisions. The general direction is to adopt the practice of domestic waste separation at source and separate waste into different types, such as waste paper, plastic bags, metals, glasses, or even old clothes, batteries, food waste, and so on, for disposal at designated times and venues before the wastes reach the refuse depots. That will make recovery easier, encourage the recycling of waste by recyclers and promote the development of the waste recycling industry. Proper development of the recycling industry may even be able to offset the charges levied on the treatment of waste.
Furthermore, with the majority of the waste being separated and recycled, the volume of domestic waste will be reduced substantially and the need for incinerators and landfills may be significantly lessened as a result of that. The cost for waste treatment will be reduced to the benefit of the entire community. Good practices in waste separation can serve multiple purposes such as facilitating waste recovery and recycling, cultivating the awareness of waste reduction among citizens, alleviating the pressure for landfills, providing favourable environment for operators of recycling businesses, promoting further development of the environmental protection industry, and increasing job opportunities in Hong Kong.
This being the case, the Liberal Party calls on the Government to look at the issue of environmental protection from a more macroscopic perspective, with a view to achieving a win-win situation whereby environmental protection can be promoted in tandem with the prosperous development of the sector.
Deputy President, I so submit.
DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR VINCENT FANG (in Cantonese): Deputy President, in the past two decades, environmental protection has become a comparatively hot political issue across the international community, Hong Kong and the Mainland, and appears to 6252 LEGISLATIVE COUNCIL ─ 1 February 2013 be in opposition to the development of economies, cities and societies. I would like to talk about waste management.
Deputy President, I have said numerous times in this Council that "garbage cannot be dumped out of the Earth". The damages we have done to the environment, no matter small or big, will in fact influence ourselves or our offspring. Therefore, this issue is of paramount importance as a newspaper reports today that air pollution is more horrible than SARS. There is actually no confrontation between the business sector and environmentalists. We all should stand together to find an effective way to reduce the garbage that has to be disposed of. For this, we must uphold the "3R" principle, that is, reduce, reuse and recycle.
The SAR Government often proudly claims that the waste recovery rate of Hong Kong is comparatively high among the Asian cities, almost reaching 50%. Yet where has the recovered waste gone? It should be noted that 98.5% of the recovered waste has been exported to other places while the remaining 1.5% kept for local recycling. I suspect the accuracy of this figure because a lot of information shows that most of the plastic waste has been eventually dumped to landfills.
I only want to ask the Chief Executive one question: If the Mainland, the place which receives most of the waste from Hong Kong, no longer allows the import of garbage, what should Hong Kong do? Do we need to request Beijing again to waive this restriction for Hong Kong, or should we plan ahead to provide timely support to the waste recycling industry or just dump the garbage to landfills? Although the Government has appointed a Secretary and an Under Secretary for the Environment, and both of them are comparatively zealous and well-informed in environmental protection, its idea of waste management seems to remain unchanged.
Another unchanged idea is its insistence on the imposition of a prohibitive tax to reduce waste at source. Experience from around the world indicates that encouragement is more effective than levying charges in reducing waste. Hence, when the Secretary introduces to the Legislative Council bills on the full implementation of plastic bags levy and on the recovery of waste electrical and electronic equipment, I will continue to urge the Government to change its mindset by making use of encouragement and education to alter the public's LEGISLATIVE COUNCIL ─ 1 February 2013 6253 views towards waste reduction and environmental protection. I hope that the Government will not merely focus on landfill extension and the construction of incinerators and do nothing to formulate a comprehensive plan on waste recovery and recycling. This will not be acceptable to the public.
The second topic I would like to talk about is health and medical services. Firstly, I thank the Chief Executive for his support to the redevelopment of Kwai Chung Hospital which provides psychiatric services, as I am the Chairman of the Hospital Governing Committee of Kwai Chung Hospital. We all see that in recent years, the demand for psychiatric medical services in Hong Kong has been increasing. The facilities and environment of psychiatric hospitals are lagging behind the world-class standards. Therefore, I am glad to see that our years-long fight has eventually ended with success. However, hardware facilities have to be developed in tandem with software services. Follow-up services for discharged mental patients returning to the community seem to be inadequate, leading to the occurrence of tragedies from time to time.
In fact, apart from psychiatric services, the serious shortage of manpower in the public healthcare system has been plaguing Hong Kong for many years. The Hospital Authority has kept improving the promotion prospects of doctors and nursing staff as well as enhancing their training. However, it is helpless to note that doctors and nursing staff in private healthcare institutions also come from the same sources. The failure of public hospitals to retain talents is mainly attributed to heavy workload and immense pressure. I hope, therefore, the authorities will enhance the import of doctors and qualified nursing staff from outside Hong Kong specifically for improving the working time and services of the public healthcare system. This will not only retain talents, but also improve services and reduce the waiting time for services. I believe that doctors and nurses in public hospitals will give their support. Nevertheless, the relevant vetting and approval work should no longer be entrusted to the Medical Council of Hong Kong, having regard to the presence of conflict of interests. Instead, such work should be undertaken by the Government and the Hospital Authority.
Today, some colleagues also talked about the incident involving the DR Medical Beauty Group. I would like to report to you that four members representing the beauty sector and trade unions invited by the Government to join the newly established Working Group on Differentiation between Medical Procedures and Beauty Services have relayed to me that private medical 6254 LEGISLATIVE COUNCIL ─ 1 February 2013 practitioners, who form the majority of the Working Group, want to prohibit "across-the-board" the beauty sector from continuing to provide its existing services. They also want the Vocational Training Council, which at present conducts assessments and issues licences for intense pulsed light treatments under the Qualifications Framework, to completely cease the issuance of certificates. This is absolutely a demonstration of the strong bullying the weak since doctors have a larger "say" than the beauty sector. If we check the past records, we will find that all the medical beauty incidents happened in the past involved medical practitioners. So, when problems emerge, why do the authorities not tighten control over the medical beauty services which can be provided by medical practitioners, but instead suppress the beauty industry whose services are only remotely related to medical practice in name?
Deputy President, the four representatives have told me that if the Bureau went on being biased towards private medical practitioners and suppressing the beauty sector which comprises mainly small and medium enterprises, there would be no way that they could be accountable to their sector. In such case, they would quit the Working Group and call upon tens of thousands of practitioners to take to the streets. This will arouse even more discontent among the public.
Secretary KO Wing-man, the hottest topic in town is the supply of infant formula. I have mentioned this subject in the first part of my speech, but you were not here at that time, so I have to talk about it again. Firstly, it is indeed very common for Mainlanders to come to Hong Kong to buy infant formula before the Lunar New Year. The Government basically meets with infant formula suppliers every year to ensure sufficient supply. This year, however, the surge in the number of Mainlanders coming to Hong Kong for shopping, coupled with the hitches in the supply chain between the suppliers and the retailers, have made local mothers join the infant formula panic. In fact, according to media reports, the stock of infant formula in Hong Kong is sufficient. Besides, suppliers allow local mothers to register for purchase of infant formula through some "mother's clubs", pharmacies and retail shops, so as to ensure adequate supply of infant formula to local babies. Hence, local mothers are much relaxed during these several days.
Secretary KO Wing-man, the Department of Health proposes to prohibit infant formula suppliers and retailers from promoting their products to mothers, and retailers are not allowed to display the brands of infant formula. If these LEGISLATIVE COUNCIL ─ 1 February 2013 6255 measures are implemented, the scrambling scene will definitely get worse. Although we all support the promotion of breastfeeding, this cannot be achieved overnight by means of legislative control.
Actually, Mainlanders coming to Hong Kong to scramble for infant formula is no different from Hong Kong people going to Japan to purchase infant formula or to the United States to purchase iPhones. Hong Kong is a world-renowned free port and highly regarded as a duty free paradise. The Liberal Party and I firmly object to the inclusion of infant formula as a strategic commodity and the imposition of control on its export and import. As other countries do not impose any control on the import of infant formula into Hong Kong, it will be impracticable for us to impose control on its export. In the face of public panic, the Government has become even more panicky. If Mainlanders come here to scramble for staple food or cooking oil in future, shall we impose control over the export of the relevant commodities? This incident reflects once more that the SAR Government is caught in a quandary.
Therefore, no matter how well the Policy Address is written, how many pledges it contains, it is merely empty talk. We want to see whether the Chief Executive has the ability to steer the governance mentality of the Government, to maintain proper administration attitude and operational capability, so as to honour his pledges in the Policy Address. Hence, though we support today's Motion of Thanks on the Policy Address, it does not mean that we will blindly support every government policy.
I so submit. Thank you, Deputy President.
DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
(No Member indicated a wish to speak)
DEPUTY PRESIDENT (in Cantonese): If no Member wishes to speak, I will invite three public officers to speak. On the basis of 15-minute speaking time for each officer, they may speak for up to a total of 45 minutes.
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SECRETARY FOR THE ENVIRONMENT (in Cantonese): Deputy President, Honourable Members, the section on environment in the Policy Address and the two papers submitted by the Environment Bureau to the Panels on Environmental Affairs and on Economic Development have clearly spelt out our salient policies and new initiatives. Regarding the concerns on fresh air and the waste management blueprint, we have undertaken that, in the first quarter of 2013, all the relevant data and our way forward will be presented in a comprehensive manner for thorough discussion in the community for the purpose of addressing these concerns and clarifying misunderstandings. The Government will strengthen its investment on environmental protection by setting aside $10 billion as subsidies for the phasing out of old diesel commercial vehicles with a view to improving roadside air pollution in Hong Kong. We will inject $5 billion into the Environment and Conservation Fund. All these have demonstrated our determination to inject more resources into this policy area. I would like to respond to Members' views on several important aspects.
Regarding the old diesel vehicles, we all agree that public health should always come first. We uphold the following principles in phasing out diesel vehicles:
(a) It is a common concern that efforts should be stepped up in enhancing air quality, in particular the issue of roadside emissions.
(b) Diesel engine exhaust fumes are carcinogenic, and it is necessary that the issue be dealt with expeditiously.
(c) There is room for improvement in our past policy on old diesel vehicles. We will enhance the policy by providing more economic incentives and exercising stringent regulatory measures at the same time. By adopting such a two-pronged approach, we hope that some effective results can be achieved within a certain period of time.
After reaching consensus on these general principles, let us delve into discussions on other details.
To successfully implement the Scheme, the understanding and co-operation of the industry is indispensable. That is why we have had several meetings with LEGISLATIVE COUNCIL ─ 1 February 2013 6257 the industry both before and after the delivery of the Policy Address for the purpose of listening to their views. Through better communication to enhance the industry's understanding of our proposals, it will be easier to work out the details. In particular, I would like to thank the Honourable Mr Frankie YICK for his co-ordination and the other relevant Members for their assistance. We will be holding more than 10 briefings from mid-January to early March to collect views from the industry and other stakeholders, with a view to further perfecting the Scheme. However, I would like to elaborate on several salient points and standpoints on this issue.
Some members of the industry are of the view that the level of subsidies is on the low side, fearing that the Scheme will affect the livelihood of individuals. I would like to explain here that having considered the comments made by the industry on the voluntary incentive schemes introduced by the Government in the past, we now offer greater flexibility in the new Scheme by introducing subsidies for writing off vehicles. Moreover, we will continue to communicate with the industry. It should be understood that $10 billion is quite a large sum of public money, and it is imperative that the resources be put to effective use. Also, under the principle of "polluter pays", the industry should also shoulder part of the responsibility.
Moreover, some members of the industry have suggested that the Government should provide a standardized subsidy of 30% of the prices of new cars, irrespective of the vehicle's age and whether or not the owners will purchase new vehicles. We consider that this proposal is unfair to the owners of relatively new vehicles with low emissions. This proposal also does not conform to the principle of polluter pays. As regards the provision of a higher rate of ex-gratia subsidies to the owners who purchase new vehicles, this is considered a reasonable arrangement that is conducive to relieving their financial burden. Therefore, having reservations for the "broad-brush" proposal made by some members of the industry, we hold that the level of compensation should vary according to vehicle's age and whether the owners will purchase new vehicles.
Also, some members of the industry have proposed that the Government should waive the First Registration Tax for the relevant vehicle owners. In this regard, we have already put in place an established policy in support of green 6258 LEGISLATIVE COUNCIL ─ 1 February 2013 procurement. These concerns, which have been taken into account when the subsidy scheme is formulated, should no longer be considered in this exercise.
On the other hand, some members of the industry are worried that some vehicle factories and traders may, in view of the provision of subsidies to vehicle owners by the Government, raise vehicle prices, which means that vehicle owners may not enjoy the biggest benefits. This is of our prime concern and we will discuss the implementation details with the industry to prevent the occurrence of such a situation.
While we deeply understand the hope of the industry to have a reasonable period for transition, we also share the views of the public, green groups and Members that our proposed timetable is already a belated one. We hope to reach consensus with the industry and this Council as soon as possible, so that the old diesel commercial vehicles may be expeditiously phased out for enhancing our protection for public health.
As for marine emissions, which is also an issue of public concern, we have already pointed out in the Policy Address that we will step up various arrangements. We are pleased to receive very positive feedback from the trades during our discussions. Last week, we attended a ceremony organized by major ship liners in Hong Kong which signed up to the "Fair Winds Charter 2013". The representatives of the maritime sector urged the Government to expeditiously bring in new legislation to require ocean-going vessels to switch to low sulphur fuel when at berth in Hong Kong waters. We undertake that we will roll the work forward expeditiously and will consult the sector on the specific arrangements. Meanwhile, we are stepping up our efforts with the Guangdong Provincial Government in exploring the feasibility of promoting the practice of fuel switch at berth in the entire Pearl River Delta Region.
Possible air pollution resulting from the berthing of cruise vessels at the Kai Tak Cruise Terminal is also an area that attracts public concerns. I am very pleased to learn that quite a number of cruise vessel companies have indicated their willingness to switch to low sulphur fuel when at berth in Hong Kong waters for the purpose of reducing pollution. Coupled with our dedication of bringing in new legislation to enforce the requirement of fuel switch at berth and the installation of on-shore power supply facilities, we are confident that we should LEGISLATIVE COUNCIL ─ 1 February 2013 6259 be able to address the environmental concerns associated with the commissioning of the Kai Tak Cruise Terminal.
On the whole, we are concerned about the quality of air in Hong Kong which involves various areas of work and different government departments. Apart from improving roadside air quality and reducing vessel emissions, we are also concerned about the overall arrangement, including our co-operation with the Guangdong Provincial Government. In view of this, the Guangdong Province will co-operate with Hong Kong in our endeavour to reduce overall pollution. As I have mentioned earlier, we will release a new clean air plan in the first quarter of 2013 to provide a full picture of our policy measures in this aspect, including planning, low emission zones, power plants, energy-saving buildings, green transport, and various monitoring and regulating regimes.
The second area of concern is the recycling of resources. Many Members are concerned about green waste management, in particular issues relating to landfills and incinerators. In fact, the average daily volume of domestic waste produced by the people of Hong Kong is on the high side, dozens of percentage points higher than those of neighbouring advanced cities. In the face of imminent waste crisis, we agree that it is imperative to put in place a comprehensive resource recycling blueprint for the scrutiny of the entire community so that the people may make an appropriate and informed choice. During these several months after my assumption of office, our team has been looking into the current waste situation of Hong Kong. We visited the relevant facilities to gain a full understanding of the impact of such facilities on the neighbouring communities, including Tseung Kwan O. We organized two activities for the participation of stakeholders in which we had discussions on ways to tackle this crisis with 100-odd local and foreign experts, scholars and representatives from the relevant sectors and green groups. At the same time, we have also met with various political parties and Members to examine the current situation and our way forward.
If we take an overview of the practices adopted by overseas places which have successfully reduced waste, such as Germany, South Korea and Taipei, we may conclude that they achieved success through a four-pronged approach: firstly, enactment of laws that provide economic incentives; secondly, diversified recovery channels with easy public access; thirdly, a community-wide waste reduction campaign; fourthly, sizable and advanced waste handling infrastructure. 6260 LEGISLATIVE COUNCIL ─ 1 February 2013
All the four elements mentioned above are indispensable. For a responsible government and community, it is essential to draw up a set of comprehensive and scientific waste management blueprint.
We will publish the blueprint in the first quarter of 2013, comprehensively mapping out our vision, goals, timetable and road maps in respect of the producer responsibility schemes (including green economy), community recycling network, food waste recycling and handling, community-wide waste reduction and relevant scientific researches, waste charging, as well as other end-of-pipe treatment of waste. After allowing the public to have a more comprehensive understanding of the overall waste situation and issues relating to resource recycling, we hope to help the community to strengthen its efforts in reducing waste and to make an appropriate choice after balancing the overall needs of Hong Kong and local needs.
Regarding the concerns raised by some Members on the Food Wise Hong Kong Campaign, we are actively organizing this Campaign, and the launching of which is scheduled to be held in April this year.
Some Members mentioned that the Government's proposal of developing only five pilot "community green stations" was hardly sufficient at all. We concur with this observation. In the long run, if the idea of "community green stations" turns out to be a success, we will endeavour to extend the scheme to various districts in Hong Kong. We will start out with a pilot scheme in which the Government will work together with different organizations to enhance the support for green living at the community level. In addition to holding promotional and educational programmes, the "community green stations" will support recycling efforts at community level, so as to reach out to the community for the collection of recyclables, to form a recycling network by connecting various points and lines and to conduct other measures to promote the separation of waste at source. We cherish the hope that local people would support our work in this aspect so that green efforts may be rooted in the community.
The third area of concern is energy and climatic change. Some commentaries have criticized that the Policy Address did not explain in detail this particular area of work. I would like to draw Members' attention to the two papers submitted respectively to the Panels on Environmental Affairs and on LEGISLATIVE COUNCIL ─ 1 February 2013 6261
Economic Development, in which we have, in a macroscopic manner, pointed out that we would work on the supply and demand of energy.
On the front of management of energy demand, we will strengthen our efforts to address concerns on energy-saving measures for buildings. As we all know, energy use by buildings accounts for 90% of electricity consumption in Hong Kong. The newly-formed Steering Committee for the Promotion of Green Building will co-ordinate various policy bureaux and government departments to look at the buildings in both the public and private sectors, with a view to putting in place the implementation strategy and action plans for green buildings in a comprehensive manner, thereby pushing the green building initiatives to a higher level. Moreover, to encourage private enterprises to kick start their carbon reduction plans, the Government will establish a "carbon footprint repository" in mid-2013 for listed companies to encourage disclosure of their carbon audit results and share useful practices.
Apart from the new initiatives, we will also strengthen the existing energy-saving and emission-reducing efforts by:
(1) further tightening the Building Energy Codes;
(2) further reviewing the grading structure and scope of product coverage of the Mandatory Energy Efficiency Labelling Schemes;
(3) proceeding with the next phase of operation of the District Cooling System at the Kai Tak Development;
(4) reviewing the operation of the "Energy Saving Charter" scheme launched in mid-2012 at shopping malls, with a view to expanding its scope of coverage and level of participation;
(5) launching a Charter Scheme with the trade to expedite the phasing out of energy-inefficient incandescent light bulbs; and
(6) continuing to take the lead in promoting carbon audit by embarking on energy-cum-carbon audit programmes at major buildings, including government facilities.
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As for energy supply, we will proceed with work in various fronts, such as improving our fuel mix, reducing the reliance on coal and conducting various researches, such as a fuel mix of coal, natural gas, renewable energy and nuclear energy. As mentioned just now, following the Fukushima incident, we all hope that a comprehensive review can be conducted by striking a balance among the four competing energy policy objectives of safety, reliability, affordability and environmental protection. We will dedicate ourselves to engaging wide public participation in the process, with a view to coming up with an energy conservation approach that suits Hong Kong most.
All in all, I would like to thank Members for supporting our environmental protection policy. The coming few months will be very crucial because we will implement several measures, including the new clean air plan and the municipal solid waste blueprint. We will balance all pros and cons in mapping out our work in various aspects. Of course, we will have a focused discussion with the stakeholders in the area of diesel vehicles for the purpose of coming up with a solution to make the best use of the $10 billion earmarked for phasing out old diesel vehicles. We understand that Members are also concerned about other environmental protection topics, such as light pollution and water quality, etc. We will work very hard to accomplish our jobs and is grateful for your untiring support. Let us overcome all difficulties and shoulder responsibilities together for the common goal of protecting the environment. Deputy President, I so submit. Thank you.
SECRETARY FOR FOOD AND HEALTH (in Cantonese): Deputy President, healthcare and food safety is not only an area of major public concern, but also one of the focuses of the current-term Government.
Regarding healthcare policy, the healthcare system of Hong Kong runs on a dual-track basis encompassing both public and private elements while the public healthcare sector is the core system. We have a team of outstanding and professional medical staff in Hong Kong, providing the public with quality and reliable medical services.
In the face of rapid ageing population profile, the increase in the public's demand for medical services and the rise in costs resulting from the advancement of medical technology, we have to adopt timely measures and be well prepared to LEGISLATIVE COUNCIL ─ 1 February 2013 6263 enhance both the quality and quantity of the entire healthcare system to cope with the challenges ahead.
Dr Helena WONG and Dr Joseph LEE are concerned that a balance has to be struck between public and private healthcare services. The Chief Executive has clearly pointed out in his Policy Address that we should remain committed to the dual-track system for public and private healthcare sectors. Under the system, public medical services will provide a safety net for the people, with private healthcare services giving more choices for those who can afford to pay.
To ensure that the dual-track system remains strong and robust, and develops in a balanced and sustainable manner, we will endeavour to enhance our public healthcare system and at the same time, facilitate the development of private healthcare services and improve our supervisory system. We will also step up training for the healthcare personnel and strengthen public-private partnership in the healthcare sector for the purpose of enhancing service capacity.
On strengthening the public healthcare system, we will continue to put in resources in the coming years and enhance the provision of facilities in the public healthcare system. Regarding the Hospital Authority's drug formulary mentioned by Miss Alice MAK, its coverage will also be expanded. It is worth noting that on treatment for stroke patients, the Hospital Authority will provide 24-hour emergency intravenous thrombolytic therapy for acute ischaemic stroke patients in all hospital clusters in phases. The Hospital Authority will also gradually extend the operating hours of emergency percutaneous coronary intervention operation service in public hospitals. Various projects for building and redeveloping public hospitals are also in the pipeline.
It is also mentioned in the Policy Address that we will set up a steering committee to review the operation of the Hospital Authority to ensure that the positioning and service of the Hospital Authority can cope with the changes and challenges brought by an ageing population and the development of Hong Kong's healthcare system. As to the direction of review which is of Members' concern, the focuses include the management of clusters and the use of resources.
Several Members, including Dr Elizabeth QUAT and Mr CHAN Han-pan, have mentioned the existing waiting time for certain services provided by the Hospital Authority. This is also one of the priority issues that we are very 6264 LEGISLATIVE COUNCIL ─ 1 February 2013 concerned. The Hospital Authority has since last year strengthened the manpower in the Accident and Emergency (A&E) Departments, enhanced the support for nurses and other paramedical staff in the A&E Departments, and improved support from auxiliary medical services during the influenza season. Starting from the first quarter of 2013, the Hospital Authority will provide healthcare staff with a special overtime honorarium with a view to increasing the number of consultation sessions during peak hours to further improve A&E services.
On private sector services, in order to enhance the safety, quality and transparency of private healthcare services, we have established a Steering Committee on Review of the Regulation of Private Healthcare Facilities to conduct a comprehensive review into the regulatory regime for private healthcare facilities, such as private hospitals, nursing homes, non-profit-making medical clinics and other healthcare facilities that perform high-risk medical procedures in the community. Mr Vincent FANG is concerned about the differentiation between medical procedures/practices and beauty services. We uphold the principle that the safety of patients should always come first, and under which, we will not be lopsided towards any one side.
We will also continue to draw up the concrete proposals for taking forward the Health Protection Scheme, and the supervisory and institutional frameworks for the Scheme is an area of Mr CHAN Kin-por's particular concern. We understand that the insurance sector has expressed concerns about the supervisory framework in the concrete proposals for the Health Protection Scheme. We will keep consulting the insurance sector along the way and it is expected that the detailed recommendations on the Health Protection Scheme will be released within this year for public consultation.
On increasing the service capacity of private hospitals, we are currently examining the tenders for the development of private hospitals at two sites. We expect to announce the tender results in the first quarter of this year. The Chief Executive has also suggested that we should undertake a study on the allocation of land to encourage non-profit-making organizations (including even universities) to establish hospitals and operate them on a self-financing basis.
With regard to enhancing the manpower of healthcare personnel, several Members, including Dr Elizabeth QUAT, Dr Joseph LEE, Dr Helena WONG and LEGISLATIVE COUNCIL ─ 1 February 2013 6265
Mr CHAN Han-pan, are concerned about the shortage of healthcare personnel. Mr Vincent FANG has even suggested that consideration be given to importing foreign medical practitioners. In this respect, the Government has in fact allocated an additional $200 million to increase the number of first-year first-degree places in medicine by 100 for the triennial cycle starting from 2012-2013. In other words, from year 2017 onwards, the number of medical practitioners graduating from universities per year will increase from 320 to 420. The provision of training for other healthcare professionals will also be enhanced. The Steering Committee on Strategic Review on Healthcare Manpower Planning and Professional Development is reviewing the long-term demand for healthcare manpower.
A number of Members are particularly concerned about the development of primary care services in Hong Kong. To promote the development of primary care services, starting from the beginning of 2013, the annual voucher amount for each eligible elderly under the Elderly Health Care Voucher Scheme has been increased to $1,000. Some Members have raised the issue of whether the voucher amount can be further increased. Upon the conversion of the Scheme to be a recurrent programme, we will review its operation and consider any possible ways for enhancing the Scheme. In addition, we will launch an Elderly Health Assessment Pilot Programme in collaboration with non-government organizations to subsidize about 10 000 elders to receive basic health check.
Regarding dental services, Miss Alice MAK and Miss CHAN Yuen-han have remarked that the provision of dental services is inadequate. In April 2011, we launched a three-year Pilot Project on Outreach Primary Dental Care Services for the Elderly in Residential Care Homes for the Elderly and Day Care Centres for the Elderly which had, to date, undertaken over 52 000 attendances. Furthermore, the Community Care Fund has also reserved $100 million for implementing the Elderly Dental Assistance Programme to subsidize the low-income elderly users of home care services subvented by the Social Welfare Department to receive services for dentures or other necessary dental services and treatment. Since the launch of this Programme, over 300 elderly have benefited from the subsidies. We will keep a close watch over the effectiveness of these pilot projects and will then examine whether there is room for improvement.
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Mr Vincent FANG and Dr Joseph LEE have expressed concerns on the provision of mental health services. It is the international trend to gradually focus on community and ambulatory services in the treatment of mental illness, and to allow the early discharge of mental patients when their conditions are stabilized for treatment in the community. The Hospital Authority has in recent years introduced various initiatives to enhance community support for mental patients. Such initiatives include the setting up of Crisis Intervention Teams to provide outreach intervention services for patients with very high risks; implementing the Integrated Mental Health Programme to provide assessment and treatment services in primary care setting for patients with common mental disorders, and so on.
The Hospital Authority launched the Case Management Programme in 2010. Although, for the time being, the Programme does not cover all districts in the territory, it has, up to the present, provided support services to over 11 000 mental patients. The Hospital Authority will continue to deploy manpower according to needs, and further extend the Programme to all districts in the territory in the coming two years.
Mental health policy and related services involve various policy bureaux and government departments, and the community's acceptance and support are of particular importance to mental patients and ex-mental patients. We will conduct a comprehensive review of our mental health policy by consolidating the work of the Working Group on Mental Health Services, and will adjust the service delivery mode in tandem with social needs and international trends, including examining the feasibility of introducing Community Treatment Orders.
On the front of food safety and environmental hygiene, we have all along been adopting the "from farm to table" strategy to safeguard public health by ensuring that food consumed by the public meets safety standards. We will actively consider the views of some Members that the Government should enhance its work in keeping the sales and food acquisition records of food retailers, and we should enhance our work in this respect. In 2012, 65 000 samples from the market were tested by the Centre for Food Safety with an overall satisfaction rate of 99.8%. We will, from time to time, adjust the scope and strength of our food surveillance work by making reference to the standards adopted by the Mainland and overseas places.
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We have been taking active actions to follow up the incident of suspected substandard cooking oil which was exposed in December last year. I would not go into the details of the related work plans in this aspect. Subsequent to the incident, the authorities had carried out a targeted surveillance project on cooking oil in the market. The project had just finished and results had also been released. Test results showed that all the cooking oil samples were found to be satisfactory. Although a few samples contained carcinogens, but the contents of these carcinogens in all the samples did not exceed the respective standards for such carcinogenic substances.
Several Members, including Dr Helena WONG, Dr Kenneth CHAN and Mr WONG Kwok-hing, are particularly concerned about the supply and regulation of columbaria. We will actively implement measures to increase the supply of public columbaria, but I will not go into the details. In the coming 10 to 20 years, with the support of various District Councils, the supply of new niches will cumulatively increase to hundreds of thousands. On the regulation of private columbaria, we are committed to introducing the relevant bill to the Legislative Council for scrutiny in the fourth quarter of 2013.
Several Members, including Mr Alan LEONG, Mr WONG Kwok-hing and Miss CHAN Yuen-han, are particularly concerned about our policy on public markets and market stall traders. To further improve and enhance the appearance, design and fire resistance capability of hawker stalls, we have announced earlier that an assistance scheme will be launched to provide grants to about 4 300 on-street hawkers in the 43 fixed-pitch hawker areas in Hong Kong, so that the hawkers may reconstruct their stalls at the same locations, and relocate their stalls which may obstruct the access of nearby residents for the purpose of minimizing fire hazards. Also, in order to vacate more space, a one-off compensatory grant will be granted under an assistance scheme to those hawkers who choose to surrender their hawker licences. Regarding the details of these schemes, we have been following up such issues with the representatives of market stall traders, and will report our progress to the relevant Legislative Council Panel very soon.
Regarding public markets, we have also promised the relevant Legislative Council Panel that we will conduct a comprehensive review, including the positioning of public markets and the upgrading of various facilities.
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Regarding the development of the agricultural and fisheries sectors, Members should note the Government's proposal of establishing a Sustainable Fisheries Development Fund and other related work. Several Members, including Dr Elizabeth QUAT, Mr Tommy CHEUNG and Mr Albert HO, are particularly concerned about the development of the agricultural sector. In fact, we have never stopped promoting agricultural development and there is a balance of $115 million in the Agricultural Development Fund. The Agriculture, Fisheries and Conservation Department will continue to enhance the quality and production of organic farming in Hong Kong by enhancing our technology and promoting technological development in Hong Kong.
Members have also raised several issues of concern, including food prices and the stable supply of food, the development of Chinese medicine, as well as animal welfare. Regarding the views of Members on the above areas, I cannot give a response one by one due to time constraints, but I have carefully listened to and will follow up Members' views. I will report progress of my work in these areas to the relevant Legislative Council Panels in due course.
As regards the recent incident involving infant formula, I will announce a multi-pronged approach to tackle the problem at the press conference to be held this afternoon, for the purpose of ensuring that the supply of infant formula is adequate to cope with the needs of local mothers and their newborns.
Deputy President, we must take a square look at the issue of ageing population and cautiously tackle the challenges brought by an ageing population and the resultant increase in medical costs. In view of this, the Chief Executive's policies and measures on healthcare services as proposed in his Policy Address are pragmatic and forward-looking. Some Members have mentioned the dual-track system for public and private healthcare sectors. The system is essential because members of the public are worried about our healthcare system being lopsided towards the public sector at one time and tilted towards the development of the private sector at another. Therefore, it is necessary for the Chief Executive to underpin the importance of the balanced development of the dual-track system for public and private healthcare sectors. I hope that we will, hand in hand with this Council and the public, examine various feasible measures for perfecting our healthcare and food safety services.
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Deputy President, with these remarks, I appeal for Members' support for the original motion. Thank you.
SECRETARY FOR HOME AFFAIRS (in Cantonese): Deputy President, I would like to give a brief response to Members' speeches on the areas of culture and arts, sports, youth development and ethnic minorities.
Culture and Arts
The Government is undoubtedly supportive of and committed to the development of arts and culture. The West Kowloon Cultural District (WKCD) Development is pressing ahead in full steam, and is moving towards a new milestone. The statutory planning process of the WKCD Development Plan has just been completed last month. We are confident that the future WKCD will develop into a world-class hub of arts and culture.
To promote the sustainable development of arts and culture, one of our priorities this year is to strengthen the training of arts administrators. Both the Government and relevant institutions (including the Hong Kong Arts Development Council and the WKCD Authority) have implemented measures to provide training for arts administrators, including local and overseas training, internship and other professional training programmes. An additional funding of $150 million will be allocated to strengthen the training of arts administrators with different levels of experience in the next five years, including diversified internships, further studies and professional training. Such training will of course include the mastery of the cultural market trend and the expertise required for operating cultural facilities.
We will proactively explore new space for young artists and new arts groups to undertake arts creation activities. The Leisure and Cultural Services Department will establish an arts space in North Point for use by Hong Kong's young artists as a platform for creation, learning and exchanges, through the conduct of exhibitions and various other activities.
The Government and the Hong Kong Arts Development Council will continue to identify other premises which are suitable for conversion into arts 6270 LEGISLATIVE COUNCIL ─ 1 February 2013 spaces, such as vacant school premises and industrial buildings, for use by young artists and new arts groups.
In response to Members' concerns, I would like to point out that the Arts Capacity Development Funding Scheme introduced in 2011 seeks to provide funds to small and medium-sized arts groups with an annual provision of around $30 million. The funding scheme seeks to support larger scale and cross-year arts and cultural initiatives/activities so as to enhance capacity development for promising arts groups and arts practitioners. Through the Hong Kong Arts Development Council, other funding schemes have also been put in place to provide additional support to small and medium-sized arts groups and budding artists, identify and cultivate arts talents, promote arts education and build audience. As at December 2012, 71 applications were approved with a total funding of more than $60 million. Among the applications, some of those were proposed by the arts sector and recommended by the Hong Kong Arts Development Council in support of small and medium-sized arts groups and budding artists.
The Government has also been continuously promoting public arts to boost the public's interaction with arts. We have recently rolled out several public and community arts programmes, including "ArtAlive@Park", "Park Déco", "Art@Government Buildings" and "Artists in the Neighbourhood Scheme", to showcase the arts creation works of budding artists, such as paintings and sculptures, in parks and government office buildings. All these schemes are conducive to enhancing the quality of life of the public. We will continue to promote public arts by co-ordinating the work of various government departments, so that the element of arts may be injected into various public spaces, such as government facilities and MTR stations. In partnership with District Councils and various arts groups/bodies, we aim to bring public arts to various sectors of the community. For example, in this year's "Art@Government Buildings", six local artists were invited to create works for public spaces.
To develop Hong Kong into a cultural metropolis, it is essential to organize various cultural exchange activities. We will continue to co-operate with cultural organizations all over the world to organize different types of cultural exchanges. I concur with the views of Mr Christopher CHUNG that the performing arts of Hong Kong can move towards China and to the whole world as well. Last month, with concerted efforts of both the Guangdong Provincial LEGISLATIVE COUNCIL ─ 1 February 2013 6271
Government and the HKSAR Government, the Hong Kong Dance Company brought its grand dance poem "Qingming Riverside" to Canada and the United States, winning great acclaim from audiences.
Sports
The current-term Government is firmly committed to promoting sports development. To ensure the succession of elite athletes, the Government has encouraged "national sports associations" to develop feeder programmes. A great number of talented athletes come from junior squads. It has been mentioned in the Policy Address that we will work with the Hong Kong Schools Sports Federation to provide appropriate support to students from low-income families so that they can fully develop their sporting potential. We also hope that, through such an initiative, more students can be encouraged to participate in sports activities. As mentioned by Members, we will actively encourage schools in different districts to open up their facilities for use by the public after school hours so as to promote sports and even arts among members of the public.
We will continue to support the development of the Hong Kong Sports Institute to ensure the provision of state-of-the-art training facilities and the continuous supply of resources for the training of more elite athletes and for the provision of comprehensive education and employment support for retired athletes.
The Multi-purpose Sports Complex (MPSC) at Kai Tak will provide high quality public sports facilities. We are pressing ahead with the planning of MPSC. The Government has already invited Expressions of Interest (EOI) in the development of MPSC at Kai Tak, and a briefing session on the submission of EOI was held yesterday. We will continue to consult the sports sector, District Councils and the general public on the procurement, detailed planning and design, and management of MPSC to ensure that MPSC meets the needs of the wider community.
As mentioned by Mr Tommy CHEUNG, the current levels of fees and charges for most public sports facilities and services were inherited from the time of the former Municipal Councils, which set these fees and charges at different levels for the urban area and the New Territories. The above long-standing problem will finally be solved by the current-term Government. In order to encourage public participation in sports, we will align the fees and charges for 6272 LEGISLATIVE COUNCIL ─ 1 February 2013 similar facilities and services in the urban and New Territories regions at the lower of the two existing fee levels. The levels of more than 300 fees and charges will be lowered and these fees and charges involve various sports and recreational facilities and services, such as swimming pools, land and aquatic sports and recreational facilities as well as different types of sports and recreational activities.
Youth Development
For youth policy, we will focus on opportunities for youth development by facilitating co-ordinated efforts among various policy bureaux regarding youth development, thereby allowing more opportunities for the next generation to broaden their horizons and develop their potentials. The Commission on Youth will continue with its endeavours to broaden its contact with youths and to assist the Government in implementing our youth policy.
Support Service for Ethnic Minorities
Regarding ethnic minorities, various government departments provide different support services for ethnic minorities. The Secretary for Education talked about the provision of educational support for ethnic minorities this morning. In addition to educational support, employment counselling, social welfare and housing are also available to assist the ethnic minorities to adapt to lives in Hong Kong and integrate into the community as soon as possible.
The Home Affairs Department has commissioned non-government organizations to operate five support service centres for ethnic minorities for the purpose of providing various learning classes, counselling, integration and interpretation services, as well as assisting ethnic minorities to integrate into the community. Two sub-centres have also been established in Sham Shui Po and Tung Chung. In addition, the Home Affairs Department sponsors two community support teams, one for the Pakistani community and another for the Nepalese community for the provision of dedicated services for their own ethnic groups. We will conduct reviews from time to time to ensure that the provision of support services suits the needs of ethnic minorities.
Deputy President, I so submit. Thank you.
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DEPUTY PRESIDENT (in Cantonese): The fourth debate session has ended. We now proceed to the fifth debate session. The debate themes are "Political System, Governance and Human Rights". This session covers the following five policy areas: administration of justice and legal services; constitutional affairs; home affairs (district administration and civic education); public service; and security. Members who wish to speak in this session please press the "Request to speak" button.
MR JEFFREY LAM (in Cantonese): Deputy President, it is undeniable that the political landscape and social environment in Hong Kong have changed a lot. Some people said that political news nowadays is as entertaining as entertainment headlines, with plausible information coming out every day. Some people claim that there are insider stories behind the scenes while some people claim that they know this and that. Nobody but themselves know about it. I only learnt of most information after reading the news every day.
Perhaps we should also grab a seat and get prepared for a good show. Quite a number of members of the public have told me that the Legislative Council is just like a theatre, but to be fair, are we happy to see such "shows" to be staged? Do the impacts of such "shows" bring benefits to the long-term development of Hong Kong? Are we really willing to see imbalance in the governance of the SAR Government and social instability?
Deputy President, a number of policy measures have led to different responses during the seven months after the new-term Government has assumed office. At present, problems like the "doubly non-permanent resident pregnant women", shortage of infant formula and "parallel traders" are imminent. It is necessary for the officials to make efforts on envisaging how to implement the Policy Address as well as enforcing the policies proposed in the Budget to be delivered in late February, so as to provide assistance for members of the public. However, members of the public only focus on the unauthorized building works at the houses owned by the Chief Executive and other matters which do not have much relevance to the Government's performance. The officials have to travel around Hong Kong to give explanations and answer enquiries, making them extremely busy.
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We understand the demand of members of the public on the SAR Government's performance: the Policy Address should focus on formulating a blueprint to resolve the matters that they concern most. According to a poll by the Public Opinion Programme of the University of Hong Kong conducted before the delivery of the Policy Address, 91% of the respondents considered "housing" to be the most pressing policy area to be handled, while "medical policy" ranked second (88%), followed by "social welfare" (87%) and "economic development" (86%). A similar poll conducted by the Hong Kong Institute of Asia-Pacific Studies of the Chinese University on 3 January revealed that members of the public considered that "housing and planning" as well as "people's livelihood and welfare" should be accorded top priority, accounting for 26.8% and 20.8% of the respondents respectively. They are followed by "economic development" as well as "medical and health services", which accounted for 13.2% and 10.8% of the respondents respectively. As a result, we can see that the parts on housing, medical services, welfare and economic development in the Policy Address are quite lengthy. Quite a number of targeted policy measures have also been proposed for short, medium and long-term planning.
As we all know, it is impossible to get a quick fix to the problems of housing and high property prices. After the policies have been proposed, we should assess their feasibility in a fair manner, offer pertinent opinion and point out any inadequacies. We should allow such policies to be implemented under the sun, instead of simply opposing all the proposals from the Government and arbitrarily criticizing the policies devised by the SAR Government and the civil service, who had worked very hard, as if the policies are devoid of any merits.
Deputy President, there is another point to note in the two public opinion polls (POPs) that I have mentioned just now. Members of the public hoped that the Policy Address should tackle the economic and livelihood issues in the first place while constitutional development ranked behind them. Of course, I do not mean that constitutional development is unimportant, especially when the timetable for universal suffrage is now already in place. It is important to figure out how we could take steps towards this goal, and the public should be engaged in extensive discussions.
Yet, as revealed in the conclusions of the two POPs, members of the public hoped that the housing, welfare and economic development issues should be dealt with as a top priority. Therefore, the Business and Professionals Alliance for LEGISLATIVE COUNCIL ─ 1 February 2013 6275
Hong Kong (BPA) believes that the Government's first and foremost task should be tackling the imminent economic and livelihood problems, and it should not put the cart before the horse.
Deputy President, in fact, we can imagine that the arguments over constitutional development, especially on the question of how we should move towards universal suffrage, would definitely give rise to many disputes in society. The Chief Executive had recently indicated that the election of the Chief Executive by universal suffrage in 2017 and the 2016 Legislative Council election would be mapped out in accordance with the announced blueprint and timetable, and there would be no changes or retrogression. The Government will conduct adequate consultation, make preparation and complete the legislative exercise in the coming four years. Yet, tasks in the short run should be prioritized according to their respective urgency. Hence, it is the Government's first priority to tackle the problems of housing and poverty.
Now that the Chief Executive has made such a guarantee, we agree to his arrangement that the most imminent problems should be tackled first, with a view to easing tensions in social atmosphere and resolving deep-seated conflicts in Hong Kong. Although we may not be able to solve all the problems at once, at least the Policy Address this year has taken a step towards this direction. As such, we can meet the aspirations of the public and strive for their interests, as well as laying a solid foundation for the consultation on constitutional development so that consensus can be reached to take forward democratic development in Hong Kong.
Deputy President, I fully agree with paragraph 199 in the conclusion of the Policy Address, which reads "it is imperative to pursue people's livelihood and the economy in tandem. Improving people's livelihood hinges on economic development. We promote economic development for the purpose of improving people's livelihood, and that in turn will provide a more stable business environment."
The economy and people's livelihood complement and mutually enhances each other. This is also similar to the vision of the BPA. We hope that the Chief Executive can live up to his words.
Deputy President, I so submit.
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DR KENNETH CHAN (in Cantonese): Democratic development and improvement of people's livelihood are closely related, which are basically two sides of the same coin that cannot be segmented. From time to time, there are people reminding Hong Kong citizens that the basic necessities of life, jobs and environmental health are what we need. At the same time, however, we also need to have freedom of the press, freedom of speech, judicial independence, universal suffrage, a corruption-free and law-abiding Government as well as effective governance. It is unnecessary to oppose people's livelihood to democracy, just as it is needless to oppose economy to democracy. Democratic movement has been developing towards this direction both inside and outside the Council. However, to our regret, Members from the pro-establishment camp and those returned by functional constituencies have been making pro-government comments in order to make us forget. Having failed to make us forget, they have to pretend to be forgetting by not mentioning, not heeding and not promoting democratic development, which is in fact an important and solemn pledge made under the "one country, two systems" principle.
(THE PRESIDENT resumed the Chair)
As often mentioned by many Honourable colleagues from the democratic camp, what does it mean by conducting a consultation at an appropriate juncture as stated in the Policy Address? In explanation of this remark, the Secretary replied that it is a new measure. It is indeed ludicrous to the utmost and makes people laugh their heads off. Conducting a consultation on constitutional reform at an appropriate juncture is a new measure. Universal suffrage is a long-discussed subject which has aroused intense discussion before and after the reunification. Until now, is the 2017 universal suffrage a genuine one or just a bogus universal suffrage for the Chief Executive? The problems arising from small circle election and the resulting negative impacts on improving people's livelihood, as we have all experienced, are as plain as day. We have witnessed quite too much extreme chaos, as well as how people seek fame, fortune and high position by hook or by crook, and these people are doing so more and more openly. Therefore, a system with fairness, openness, transparency and equality are what we strive for.
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Recently, an international institution has once again given a giant warning to Hong Kong. The rating of Hong Kong's freedom of the press has dropped. This phenomenon is a result of the absence of a democratic system. Our judicial system and judicial independence are being challenged, which are also eroded and threatened due to the lack of support from a democratic system. The recent discussion on the amendments to the Companies Ordinance has aroused public concern on the public's right to know. Not only the press sector but also the general public and ordinary consumers considered that their rights to know would be affected by the amendments to the Ordinance. It would be more difficult for them to conduct a public search on company information. If it were not for the public search, we probably would not have been able to discover Secretary Paul CHAN's involvement in the "sub-divided flats" incident by now. Besides, it would be harder to search for those acts or activities of exchanges or collusions between the Government and the business sector. It is therefore necessary to protect the public's right to know through legislation on freedom of information. Hence, apart from promoting democratic reform, the Civic Party also advocates the enactment of legislation on freedom of information.
I have recently asked the Director of Buildings to provide the correspondences between the Buildings Department and LEUNG Chun-ying last summer. It turned out that a lot of important information in the correspondences so provided was excised. The Buildings Department explained that it was because the owner and the relevant parties had not authorized them to make public such information. So, what happened to the pledge of working in an open and transparent manner? Have they forgotten it? Without protection by the legislation on freedom of information, the public's right to know cannot be safeguarded. Without an archives law, our collective memories, what the government did as well as their internal discussion will vanish into thin air with the destruction of archives. We are forced to forget while the archives are "made to disappear". It actually involves archives with height comparable to the aggregate height of dozens of IFC II, and these archives will be completely destroyed following LEUNG Chun-ying's assumption of office.
Although archives cannot speak, they are indeed our collective memories which tell the whole truth. They also play an important role in urging the Government to assume accountability in the future and urging the incumbent Government to govern more prudently. It is, therefore, necessary to enact an archives law. When LEUNG Chun-ying was running for the election, he said 6278 LEGISLATIVE COUNCIL ─ 1 February 2013 that he valued and respected freedom of the press and gave his assurance for freedom of information. He has also told the Archive Action Group that he would take positive actions to follow up this issue after taking office. In the end, nothing has been done in this aspect in the Policy Address.
Milan Kundera, a Czech writer, has a significant and notable work of The Book of Laughter and Forgetting, in which he wrote, "The struggle of man against power is the struggle of memory against forgetting". That is because the authorities have often done something bad and wrong. The best way to avoid being discovered is to get everyone to forget and not to remember it. It applies to the 4 June Incident in 1989 as well as other major incidents. It is hoped that we would not remember these incidents. In Hong Kong, we have high regard for freedom, collective memories and system with good governance. In the absence of democracy, we still have to strive for the public's right to know or citizens' rights to know in an all-round manner.
President, as for the District Councils reform to be implemented, a sum of $100 million will be allocated to each district for carrying out various kinds of works, such as the likely landmark projects or "face-saving projects". Apart from that, a second round of reform on District Councils is more necessary which should now be put forward since the previous one in 2006. Regarding this, I hope that Secretary TSANG Tak-sing will listen to the views of the public and the scholars so as to carry out a comprehensive review of the operation of District Councils and district administration.
President, in regard to the democrats, including myself, we have been striving for direct elections since the 1980s. Although it has not been accomplished yet, we will not be disappointed as what we value more is to see hope in times of despair. This is a responsibility which cannot be shirked by those who strive for democracy and universal suffrage at all times and in all countries. Regarding the Policy Address, the Civic Party and I will vote against it.
I so submit. Thank you, President.
MS EMILY LAU (in Cantonese): President, we have come to the last debate session, and the theme of which is "Political System, Governance and Human LEGISLATIVE COUNCIL ─ 1 February 2013 6279
Rights". Parliaments and legislatures in other places would have placed such a theme in the first debate session as it concerns the governance of the entire territory, the rights enjoyed by the people and constitutional development, and all of which are of fundamental importance. Nevertheless, the Administration has consistently placed these policy areas in the last debate session since the establishment of the Special Administrative Region (SAR). Ever since the Legislative Council decided to hold separate debate sessions on the policy addresses, chief executive after chief executive has invariably placed these policy areas in the last debate session. I believe that they would have preferred to sweep these issues under the carpet had they been allowed to do so. For them, it would be a good idea not to hold a debate on these issues or not to touch them. However, I believe that most people understand that economic and livelihood developments are closely intertwined with political development. They are the two sides of a coin.
On 12 and 13 March, the United Nations Human Rights Committee will hold hearings in Geneva. The Administration is likely to dispatch officials of more junior ranks to the hearings this time, a reflection of its growing indifference to the United Nations' monitoring of its fulfillment of the various obligations under various United Nations human rights treaties. In contrast, many non-government organizations will send representatives to Geneva. Some members of the Democratic Party and I will go there, as will other organizations. Our purpose of going to Geneva is not to "badmouth" the SAR Government, instead, we would like to tell the Committee clearly …… some of its members have noted the fact that Hong Kong has developed a lot over the past 20 years and they could only sigh with disappointment. I remember that when I went there back in 1988, one of its members asked me, "Emily, could you tell me why Hong Kong has excelled in economic development but fared worse than many third world countries in such areas as human rights, the rule of law, freedom and political system?" I said then that of course the British Government was to blame for its poor governance ― many of the officials present in the Chamber right now were already government officials at that time ― but the people of Hong Kong also had the responsibility to make the utmost efforts to fight for themselves. Subsequently, the people of Hong Kong have been consistently fighting for themselves. However, throughout LEUNG Chun-ying's Policy Address, as I pointed out yesterday, only two paragraphs are on constitutional development. In comparison, there are eight paragraphs on the rights and interests of persons with disabilities, but only two on constitutional development.
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This morning, Members of the Legislative Council from the Democratic Party had a breakfast meeting with the Chief Executive, at which we asked him right away why he did not clearly map out the direction of our constitutional development now that he had said that this Policy Address was to outline his policy objectives for the next five years. Why was he so evasive on constitutional development? We have also pointed out to the Chief Executive that the constitutional reform this time is about how to elect the Legislative Council in 2016 and how to elect the Chief Executive by universal suffrage in 2017. It is our hope that although it is impossible for the Legislative Council to be elected by universal suffrage in 2016, it will not be later than 2020 before all Members of the Legislative Council are elected by universal suffrage, that is, the abolition of all functional constituency seats.
He therefore has a very important task. Not only him, but the entire SAR Government has a very important task and that is to implement the constitutional reform. However, he has remained completely silent on this subject, not to mention the fact that the Central Government has changed the process of the constitutional reform from three steps to five steps, which is a long and twisting process. As far as the Legislative Council election in 2016 is concerned, the relevant legislative process must be completed not later than 2015. It is already early 2013 while more discussions are needed. Moreover, he will have to travel back and forth between the Mainland and Hong Kong while the relevant resolutions must be passed before the introduction of the relevant bills. How much time is needed to complete the whole process?
I always think that the SAR Government, the plutocrats and the Central Government must be regretting having agreed to the election of the Chief Executive by universal suffrage in 2017 and are now making every attempt to backtrack on this promise. For them, the best result would be what LEUNG Chun-ying has said, "how can the relevant bill be passed in the Legislative Council?" There are so many representatives of functional constituencies with vested interests and they will of course try to block the passage of the relevant bill.
Anyway, I believe that the Democratic Party will join hands with the like-minded from the democratic camp to fight for democracy with the people of Hong Kong. President, you must have noted an article by a professor from the University of Hong Kong, which floated the idea of amassing 10 000 people to LEGISLATIVE COUNCIL ─ 1 February 2013 6281 occupy Central and block main streets in order to deliberately commit offences as an act of civil disobedience. Why do the authorities force university scholars to float such an idea? Civil disobedience means what a large number of people will do when they are driven into a corner, and these people will take responsibility for the consequences of their acts.
Some people ask, "does Hong Kong have political prisoners?" Some people would say "yes". But we reckon that there are not many of them. However, will it take a long time for them to appear? We do not have the answer. We do not want to see Hong Kong become a place that puts the Democratic Party or the democratic camp on the adversarial side in the conflicts between two opposing camps, as LEUNG Chun-ying has described. I asked LEUNG Chun-ying this morning that if the conflicts between two opposing camps did exist ― the President is more familiar with what has happened on the Mainland than us ― would he bring the cruel power struggle within the Communist Party of China into HKSAR? My family members, many people of Hong Kong and those who have been injured or seriously hurt in the cruel purge and struggle of the Communist Party, are very worried. If such struggle is brought into Hong Kong, I believe that it will result in a "no winner" situation.
We hope that the SAR Government, particularly those government officials who used to be trusted and highly regarded by the people, will have the guts and conscience to speak out for the people no matter what positions they are in. I therefore hope …… the President may think that I am being silly, why I still have hopes. However, we cannot tell seven million people that the future is hopeless. Aung San Suu Kyi has said the same thing. When she was in detention many years ago, a reporter asked her in an interview, "do you believe that democracy will come to Myanmar?" She answered, "I do". The reporter was shocked by the answer and asked her, "why do you believe that? You are now being held in detention." She said, "because I believe in my people." I am confident that the people of Hong Kong will fight for democracy with determination although they will do it in a peaceful, rational and non-violent manner.
I hope that the SAR Government will launch consultation on constitutional development as soon as possible so that the people of Hong Kong can fully express their views. I also hope that those with vested interests in the Legislative Council will not "prevent the Earth from rotating." As a matter of fact, they have enjoyed such political prerogatives as free lunch, dinner and 6282 LEGISLATIVE COUNCIL ─ 1 February 2013 breakfast for many years and it is time for them to surrender these prerogatives. If they think that they are capable, they should participate in "one person, one vote" elections. Are they doomed to failure in elections by universal suffrage?
Apart from fighting for universal suffrage, we must also resist the move by the Administration to increase the Mainland's influence over Hong Kong, the so-called "mainlandization". What does it mean? The Mainland is ruled by individual rulers, which will destroy our system. Recently, the former high-ranking official Mrs Anson CHAN asked me, "why were principal officials allowed to recruit their assistants at will without having to go through proper procedures? There is no such arrangement within the system. Why are they allowed to recruit their assistants at will?" I did not have the answer and told her to ask her former colleagues. I believe that the SAR Government used to act in accordance with its own rules and regulations. Why is it that it now behaves in a reckless manner in disregard of its own rules and regulations?
Moreover, we are worried about "mainlandization". The recent establishment of the Financial Services Development Council (FSDC) is a typical example of bringing in the Mainland's influence to Hong Kong as its members are either princelings or senior executives from state-owned enterprises. Let us take a look at its membership: CHEN Shuang, the Chief Executive Officer of China Everbright Limited; Levin ZHU, the Chief Executive Officer of China International Capital Corporation and the son of ZHU Rong-ji, the former Chinese Premier. I skip the names of other members so as not to waste my speech time.
Mrs Lona CHA, the Chairman of FSDC, met with Members of the Legislative Council from the Democratic Party on Monday, and I asked Mrs CHA what "one country, two systems" was all about? LEUNG Chun-ying has said that the appointments of these people have been based on their capabilities and there are a lot of talents on the Mainland. If this was the case, should we appoint all of them? Does "one country, two systems" still exist? The spirit of "one country, two systems" is "Hong Kong people ruling Hong Kong" and "a high degree of autonomy", instead of appointing some princelings, senior executives from state-owned enterprises or members of the Communist Party of China to government bodies. At first, FSDC is said to be a non-government organization, later it was said to be a government body. The initial thinking is that its operation will be funded by private donations. But the Government said LEGISLATIVE COUNCIL ─ 1 February 2013 6283 later that it will be supported by government funds. It is really a mess. I therefore beg and plead with Mrs CHA, "please do not assist in the destruction of 'one country, two systems'".
LEUNG Chun-ying seems to have a lot of guts before he takes power. For example, he had talked about how to resist hegemony, particularly estate developer hegemony. As a matter of fact, as far as the "LEUNG camp" and the "TANG camp" in Hong Kong are concerned, most members of the "TANG camp" are big developers and their followers. We had expected the two camps to fight against each other. However, given that the Policy Address was delivered on 16 January, what had happened on 14 January? The Hong Kong Deputies to the National People's Congress (NPC) ― several of them are also Members of this Council ― went to Shenzhen to attend a preparatory meeting at which, Mr QIAO Xiao-yang, the Deputy Secretary General of the Standing Committee of the NPC, read out a letter addressed to the Hong Kong Deputies to the NPC from LI Jian-guo, the Vice Chairman of the Standing Committee of the NPC. What did he want them to do? He wanted the "LEUNG camp" and the "TANG camp" to put aside differences and unite, telling them to stop quarrelling.
What had subsequently happened? Mr Stewart LEUNG, the Chairman of the Executive Committee of the Real Estate Developers Association of Hong Kong, which represents developers, said on 18 January that the Policy Address had outlined the future housing policy ― perhaps the implementation of which might encounter their resistance ― he considered the Policy Address "acceptable". Property prices have since skyrocketed. Public expectations about the housing problems being addressed had been completely dashed. As far as public housing was concerned, I told LEUNG Chun-ying this morning that the number of public housing units that he had announced to be built was nothing more than a repeat of Donald TSANG's proposal. To be honest, many people wonder whether he can serve out his five-year term. Even if he can, the number of public housing units to be built in the next five years is nothing more than a repeat of Donald TSANG's figure. The increase in the supply will not come until he has stepped down, that is, six years later. Many people (no matter whether they are parents or children) have given up hopes of buying private properties, the prices of which have risen to more than $10,000 or even $20,000 per square foot. Who can afford these prices? Developers are happy to come out and say, "it is good to see the 'LEUNG camp' and the 'TANG camp' join 6284 LEGISLATIVE COUNCIL ─ 1 February 2013 hands to make money". In fact, this is tantamount to taking advantage of the people of Hong Kong.
Many people have pointed out that how come such a Policy Address and the policies therein have been presented to them? Are there any people in the SAR Government who dare to speak out? That depends on our Civil Service. I recently wrote to the Secretary for the Civil Service because some members of the public had sent letters to me in which they expressed the hope that the SAR Government would legislate to ensure that civil servants would remain politically neutral as they had seen something wrong in that civil servants had, most of the time, become obedient and even twisted their original principles in order to appease those in power. We very much hope that our Civil Service, in which Hong Kong used to take pride, can stand up to such a storm, a ferocious storm. I also hope that the politically accountable officials would exercise restraint in order not to destroy our civil service system.
As a matter of fact, many in the Civil Service have a difficult job and they may consider some demands unreasonable. When civil servants come across unreasonable demands, they should act as whistleblowers so as to stop those who have made such unreasonable demands from doing whatever they wish. My bigger hope is that there are people within the Government who dare to speak out with conscience and step forward to uphold the core values of Hong Kong.
The other issue which I want to bring up for discussion is our freedom to stage processions and demonstrations. The Secretary is present in the Chamber and the Commissioner of Police also came to this Council a few days ago to talk about this issue. I believe that this issue will be a hot topic at the hearings to be held by the United Nations Human Rights Committee in March. According to the Government's figures, there are on average about 20 processions and demonstrations each day and their number is rising. What does it imply? I remember that Mr TUNG Chee-hwa once said that Hong Kong was a city of demonstrations. I agreed with him and asked him why he did not question himself what had caused so many demonstrations. Why have so many people joined the processions and demonstrations? Have they got nothing to do apart from participating in processions and demonstrations? We, of course, understand that the police have a difficult job. Some police officers are good people who would assist in maintaining order although most protesters and demonstrators would not need such assistance. More than one million people LEGISLATIVE COUNCIL ─ 1 February 2013 6285 took to the streets in Hong Kong following the Tiananmen massacre in 1989, during which not a single glass bottle was broken by the protesters and demonstrators despite the absence of police deployment. At that time, there was no need to consult the then district boards on public procession routes. But the Commissioner of Police has said that the police need to consult District Councils (DCs) on such routes now. DCs are now dominated by the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), so consulting DCs is tantamount to allowing DAB to dictate the routes.
I think this is really outrageous. The vast majority of the Hong Kong people do wish to voice out their anger in a peaceful and rational manner. I have repeatedly and continually appealed to the Commissioner of Police to spend more time on communicating with the participants of processions or demonstrations, so as to set clearly the procession routes to follow as far as possible. Furthermore, the police should never display rather provocative behaviour, such as taking photos of the protestors' faces. What they do always make the protestors feel that they are threatened. I think such acts will only serve to intensify conflicts and are to nobody's benefit. Therefore, I believe that the Hong Kong people now feel that their freedom is being threatened, and of course, the rule of law and an independent judicial system are the elements to protect our freedom.
Recently, the Chief Justice of the Court of Final Appeal, in his speech at the opening of the Legal Year, remarked that some matters should not be politicized. But there is nothing else we can do, when there are disputes, they should be resolved at the courts. We hope that the judges are not subject to political pressure, but what some former judges said after they had ceased to hold office seems to reflect that they were subject to such pressure. Therefore, the Secretary for Justice should do something. The Secretary for Justice claimed that he would safeguard the rule of law, then why was he criticized by the legal profession and even university lecturers who pointed out that it was inappropriate for the authorities to seek interpretation of the Basic Law? The Secretary for Justice now said that the court is given the discretion to decide, but, is it appropriate to do so?
When we talk about constitutional affairs and democracy, both of them are out of reach. As regards human rights and the rule of law, we also feel that there are severe blows to them. In addition, regarding our judicial system and the 6286 LEGISLATIVE COUNCIL ─ 1 February 2013 courts, are various other matters subject to intervention by the Secretary and other officials? All these have made the public extremely terrified. Certainly, we still have another means to monitor the authorities and those who are rich and powerful, that is, the media. I myself come from the media. I notice that there are many outstanding journalists in the media, especially the front-line reporters, even though they are not very experienced and their salaries are really too humiliating. Here, I have to condemn those news organizations earning huge profits for being so mean to their staff.
It is very often that reporters have no freedom when reporting news. Those who are rich and powerful may call their bosses and then have the whole story cancelled. Yet, when they have the freedom to report, they are trapped in a room by the authorities to watch live broadcast. This is the case when LI Ke-qiang arrived at the Grand Hyatt Hotel during his visit to Hong Kong. The authorities arranged some "official media" to live broadcast the occasion while the reporters were trapped in a room to watch it. When they can go out to cover the news, the authorities would prosecute them or exercise violence against them if they were not to the authorities' liking. Or they were taken aside and interrogated by the police for 10 or even over 20 minutes after asking one question. What are such acts? President, you may also notice that many opinion polls have recently revealed that Hong Kong's ranking for press freedom has been declining. We had freedom in the beginning, and now there is only semi-freedom. I do not know when we will have no freedom at all.
Let us take a look at the situation in the Mainland. Of course there is no press freedom in the Mainland, but the Mainland journalists are very courageous and we must send them our regards. Yet, what are their views on us? I am the Vice-chairperson of the China Human Rights Lawyers Concern Group. Those lawyers have conveyed to us that we must safeguard Hong Kong as it is a very important part of China. Hong Kong used to be a highly liberal and diverse society under the rule of law, which is also relatively less corrupt. However, the authorities have now messed up everything. These elements are really very important. Thus, we are responsible for making every effort to preserve all of them. For the officials who are sitting on the opposite side, no matter they are former civil servants or politically accountable officials, I hope all of them would examine their consciences to see whether they can face up to the Hong Kong people and to the core values of Hong Kong that they mention so frequently. Some people called the Chief Executive the "Cheating Executive", his integrity is LEGISLATIVE COUNCIL ─ 1 February 2013 6287 in question and for many issues that he has promised, nothing has been done at all. Therefore, the Democratic Party will collaborate with various sectors of the Hong Kong community to struggle for democracy, as well as to safeguard our freedom and the rule of law. The Democratic Party opposes this Policy Address which is devoid of substance.
MR CHARLES PETER MOK (in Cantonese): President, I wish to first respond to the security issue in this part.
The Commissioner of Police made a report on the latest state of law and order in Hong Kong a few days ago and mentioned that the number of cyber crimes had increased at a speed similar to the transmission speed of fibre optics. It is true that with the prevalence of Internet applications and the lack of vigilance on the part of ordinary users, although many cases involving frauds have been repeatedly shown on the television programme "Police Magazine", there are still some people falling into the trap. We have to take this situation seriously.
However, the police has advised that a Cyber Security Centre will be set up in order to "enhance protection of our critical infrastructures and strengthen our resilience against cyber attacks", but the transparency of which is extremely low with only a general description of its functions and responsibilities while no supervisory and monitoring mechanism has been put in place. It makes people worry that whether there will be problems such as wire-tapping. In addition, although I realize that the Cyber Security Centre and the Technology Crime Division are very professional, the fact is that their front-line officers had repeatedly lost private and confidential documents of the general public through Foxy software, thus arousing my concern about how the police can educate members of the public to avoid falling into online traps if they fail to do their parts.
On a higher level, I would like to ask the Security Bureau to conduct afresh the inter-departmental territorial cyber security assessment that had been carried out 10 years ago because "one day on the Internet, one year in the human world". The Internet world has been changing rapidly. We would not be able to imagine the current state of mobile network or social media 10 years ago. The authorities therefore need to review the cyber security risks that members of the public are facing. However, it is necessary to monitor such assessment, and 6288 LEGISLATIVE COUNCIL ─ 1 February 2013 preferably such assessment should be subject to monitoring by independent professionals and the Legislative Council. Otherwise, it will arouse public concern that they are being monitored, thus turning a blessing into a curse.
Next, I would like to talk about the constitutional issue. I believe that the policy address of a democratic country does not necessarily contain a section on constitutional development. We have to discuss this section because there is no democracy in Hong Kong. As long as there are small-circle elections in Hong Kong, and as long as Hong Kong is still governed by the anointed "incapable Chief Executive", "corrupt Chief Executive" and "dishonest Chief Executive", members of the public will have no chance to decide the future of Hong Kong by votes. A number of colleagues have often said that there are too many feuds in our society and this Council, but it is because our system has left us with no choice. As long as the functional constituencies of the Legislative Council have not yet been abolished, the wishes of the majority of the public still cannot be reflected in the Legislative Council under the separate voting system. Our society will continue to be polarized.
Mr LEUNG is being evasive in his Policy Address. He only dares to say that the Government will launch a consultation on the election methods of the Chief Executive in 2017 and the Legislative Council in 2016 and initiate the constitutional procedures at an appropriate juncture, but he dares not mention the time concerned. If a specific timetable is not formulated, and if he thinks that an appropriate juncture never comes, does it mean that there will not be universal suffrage forever?
Therefore, I request the Government to carry out a public consultation immediately on the electoral arrangements for the election of Chief Executive in 2017 by universal suffrage and for the election of Legislative Council in 2016, so as to abolish all functional constituency (FC) seats by 2020, and the Government should not "play tricks" on us or cause us to have various speculations anymore. Besides, there should be a low threshold for candidates to run in the Chief Executive election, and rules should not be bent to exclude previously eligible candidates. Otherwise, it will be tantamount to a mere change from one single person to several candidates being anointed by the Central Government, and we will then be forced to select one person from several incapable, corrupt and deceitful candidates. People of Hong Kong will not accept such "fake" universal suffrage.
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Apart from the Chief Executive election, Legislative Council and District Councils elections have also been seriously affected by vote-rigging, but neither the Electoral Affairs Commission nor the Registration and Electoral Office has handled such matters properly. Is it the intention of the authorities to bring the matter to a close by leaving it unsettled? Suspected vote-rigging employed to return FC seats is also very problematic. For example, in the Information Technology sector to which I belong, certain organizations are able to increase several hundred or an unknown number of electors (as the Government is unwilling to disclose the figures concerned) suddenly by means of "interchange of membership". There were also several hundred people who only learnt of the fact that they had been disqualified as electors of the Information Technology sector when they turned up to vote.
It was only two months after I had made an enquiry on the above matter that the Registration and Electoral Office was willing to reply that there were originally 6 716 people on the register of electors for the Information Technology sector last year, and it turned out that 448 of them ― as high as 6.7% ― were disqualified before voting ― they are electors which we have learnt about their problems, and it is unclear whether there are also other electors who have had problems. While the number of disqualified electors of all other FC sectors accounted for less than 1% of their respective electorate, I was returned in an election in which 6.7% of the electors only learnt of the fact that they had been disqualified at the last moment. It is fortunate that the difference between the votes gained by each side was bigger than 6.7% in my sector, otherwise it would be a long story to tell. Such "prima facie" evidence has already reflected that there are problems in the system and there is even the possibility that it is organized vote-rigging. Yet, the Registration and Electoral Office has not followed up the matters at all. A reliable and credible electorate base is very important in any election. Secretary Raymond TAM has to carry out a thorough review of and investigation into such matters.
Regarding the electorate base, according to the Government's statistics, there are at least over 90 000 people in our sector, but there are only some 6 000 qualified electors. The smaller the number of electors is, the easier it will be for the election concerned to be manipulated. Even though only one more election will be held before all FC sectors are abolished, to have a fair election, it is necessary to expand the electorate base, and no one should be allowed to monopolize or manipulate the election easily again. In order to enable FC 6290 LEGISLATIVE COUNCIL ─ 1 February 2013 sectors to represent views and voices from various sectors of the community as far as practicable before all seats are returned by direct elections, the Government should not allow corporate votes to gain control of a large number of FC seats in the Legislative Council.
President, regarding the consultation on legislation against sexual orientation discrimination, the Policy Address has also disappointed me and many people. The Government is afraid of and unwilling to carry out even a consultation. And it has failed to do so. The truth will come out only by holding more debates and it is particularly important for us to discuss controversial issues. For those who aim at hindering even a consultation on legislation against sexual orientation discrimination, I only want to tell them that "love beareth all things" and only love can draw people with different beliefs closer together.
President, lastly, I would like to quote the final paragraph of the comments made by Mr LAM Hang-chi on the Policy Address in the Hong Kong Economic Journal yesterday. He said that "if the SAR Government is not implementing policy measures out of an intention to allow Hong Kong people to pursue their own goals, but is aiming at merging the two systems under the rule of one country, the core values which Hong Kong people have been so proud of will definitely be eroded in time. Such a process will trigger mass campaigns of various scales in Hong Kong at different stages and it will be difficult to stop the trend of rising conflicts and instability within society. In the years ahead, those who have been proud of the human rights, the rule of law, freedom as well as a good and clean government of Hong Kong will feel miserable, not only in terms of feelings, but also in various aspects of their daily lives." As the policy measures implemented by LEUNG Chun-ying have made Hong Kong people feel miserable, I cannot support the Motion of Thanks.
What LEUNG Chun-ying has stated in his manifesto is pleasing to the ears, but he has failed to fulfil the promises he made therein. This Policy Address is an "abbreviated version" of his manifesto and we know that it is natural for such a product to appear under this system. To tackle the problem at its source, there should be a truly democratic system. Democracy is no panacea, but without democracy, the problems we are facing now will definitely continue to exist.
President, I so submit.
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MR POON SIU-PING (in Cantonese): President, the policy on public service is one of the policy areas specified for this debate session.
The Chief Executive, Mr LEUNG Chun-ying, has indicated in his election manifesto that he will "narrow the remuneration gap between civil servants and the Non-Civil Service Contract (NCSC) staff and allow those NCSC staff fit for respective civil service posts to join the civil service". In the end, such a pledge has not been realized in the Policy Address and I am very disappointed about this.
The Government takes the lead to outsource various posts in different departments and to employ staff by means of short-term contracts and through agencies. Such an approach has been justified as "…… providing a flexible means of employment, so that Bureaux/Departments/Offices can respond more promptly to changing operational and service needs". In fact, the NCSC staff and agency workers have been heavily exploited over the years as they receive different pay for the same work when compared with civil servants. There are also discrepancies in their conditions of service, career prospects, social recognition of their job experience, promotion opportunities, and so on.
The Government's act has produced second-class civil servants, triggering division in the Civil Service, thereby dealing a great blow to staff morale. Since 1999, the Government has been exploiting NCSC staff for more than 10 years. A lot of departments are involved in the employment of NCSC staff, while the Department of Health, Education Bureau, Electrical and Mechanical Services Department, Hong Kong Post and Leisure and Cultural Services Department are the "hard-hit areas". Yet, in the Policy Address, the Chief Executive did not mention even a word about this situation and turned a blind eye to it. The Government continues to employ NCSC staff on the ground of "time-limited" and "short-term nature", thereby aggravating the division among the staff in the Civil Service, eventually affecting the quality of services provided to the public.
In addition, the Chief Executive has mentioned in the Policy Address that the Government pledges to increase manpower in light of actual needs. I hope that such "increase in manpower" proposed by the Chief Executive is not to "fatten the top and thin the bottom", that is, creating only senior posts while the shortage of elementary staff remains a problem, rendering those staff weighed down with work.
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The actual head count of staff falls short of the existing civil service establishment by 5 000 to 6 000 and the vacancies have arisen mainly from the retirement of civil servants. Yet, the dates of retirement and the pre-retirement leave to be taken by civil servants are predictable. The Government indeed should commence recruitment exercises before the retirement of civil servants, so as to reduce the number of vacancies.
President, I so submit.
MR SIN CHUNG-KAI (in Cantonese): President, given that the Chief Executive has not mentioned the relationship between the Executive and the Legislature in this Policy Address at all, the Government may have also realized that the relationship between the Executive and the Legislature is on the brink of reaching the freezing point. He has not provided a timetable for implementing universal suffrage either, and has only stated in paragraph 195 that "[t]he Government will launch a comprehensive consultation on the election methods of the Chief Executive in 2017 and the Legislative Council in 2016 …… at an appropriate juncture". In response to the question raised by Ms Emily LAU, the Chairperson of the Democratic Party, he also said that "there is still time".
Nevertheless, when we refer to the existing timetable, we feel that time is extremely tight. Upon the passage of the resolution on the constitutional reform in June 2010 by the previous Legislative Council, local legislative process had begun. As we have to handle matters relating to the methods for the selection of the Chief Executive and the election of the Legislative Council at the same time, and there are only 18 months between now and June 2014, time is indeed very tight. In fact, the matter in hand is more complicated this time. While what we studied last time might just be a mid-way proposal aiming at taking a step first in order to go forward, we now expect that we will be able to elect our Chief Executive in 2017 by universal suffrage, which is unprecedented in the history of Hong Kong. Matters including the method of nomination, whether there will be any nomination threshold as well as the composition and formation of the Election Committee, are all rather complicated. Without sufficient time for development, we will not be able to achieve anything at all. I believe that the time required for enacting local legislation will be longer than last time as these are entirely new matters.
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Besides, if we have to discuss the method for the election of the Legislative Council in 2016, we will consider that together with the method for the election of the Legislative Council in 2020. Nevertheless, this Policy Address has not touched on the method for the election of the Legislative Council in 2020, as the current-term Government cannot deal with matters relating to the election method in 2020 according to the five-step mechanism for constitutional reform. If the current-term Government cannot deal with matters relating to the election method for the Legislative Council in 2020, how can we reach a consensus on the election method for 2016 then?
Let me give a specific example. If we assume that it was the public's wish to elect all Legislative Council Members by universal suffrage in 2020 and have all the functional constituency (FC) seats abolished, according to the interpretation of the Standing Committee of the National People's Congress, should FC seats be reduced at least by half in 2016 then? Since the reform will be carried out in two stages, if all FC seats are to be abolished in 2020, half of such seats should then be abolished in 2016. To put it in simple terms, Members who are present today know very well that to abolish half of the FC seats is easier said than done, and it will be extremely difficult to reach a consensus. I think that this matter is in fact extremely urgent, but the Chief Executive still says that there is plenty of time.
President, in the seven months after the assumption of office of the Chief Executive, his popularity rating has continued to drop, and the number of people participating in demonstrations is the only number that has been increasing. As such, the Government should have felt that there is a crisis of governance in Hong Kong and such a crisis has given rise to political conflicts in diversified forms. Such conflicts can only be resolved by taking forward the democratic process. It was only after TUNG Chee-hwa had been in office for seven to eight years that one million people took to the streets. However, numerous demonstrations of considerable scales have already taken place after LEUNG Chun-ying has been in office for less than a year, including one which was held on 1 July last year, several demonstrations and gatherings against national education as well as the large-scale demonstration on New Year's Day this year. So far, a total of around 500 000 people have already taken part in such demonstrations and there will be another large-scale demonstration on 1 July this year. Within a short period of one year, the number of people who have taken part in demonstrations might have already broken the record of TUNG Chee-hwa's seven to eight years' rule. It is obvious that the people of Hong Kong have more fervent aspirations for 6294 LEGISLATIVE COUNCIL ─ 1 February 2013 democracy since LEUNG Chun-ying's assumption of office, and it is particularly hard for them to tolerate and accept "small-circle" elections.
The Democratic Party hopes that the Government will launch the consultation concerned as soon as possible in order to fulfil what has been stated in the Policy Address, which is "respect different views and engage in rational and pragmatic discussions in order to reach a consensus on the way forward for the democratic development of Hong Kong". Time is extremely limited and LEUNG Chun-ying's government cannot pay lip service only. The Democratic Party hopes that the Government will provide a detailed response later. Nevertheless, we do not have high hopes as it is likely that LEUNG Chun-ying's government has not yet received any so-called "instructions". It is known to all that the team of Mainland officials in charge of Hong Kong affairs is currently undergoing changes, and the new General Secretary of the Communist Party of China and the team in charge of Hong Kong and Macao affairs elected by the 18th National Congress of the Communist Party of China are now taking over the work from their predecessors. All matters have yet to be decided by the new State President. LEUNG Chun-ying's government will only be able to launch the consultation concerned upon receiving instructions and this is not a way to fulfil the obligations under the principle of "one country, two systems".
LEUNG Chun-ying's government should build consensus in the community as early as possible. In fact, there are increasingly divergent views among Hong Kong people and it is now more difficult for consensus to be built. When we look back, we can see that the so-called "Five District Referendum" appeared in Hong Kong in 2010. If the present Government fails to build consensus on constitutional reforms, we do not need another "Five District Referendum", the resignation of one Member returned by the District Councils (Second) FC can trigger a referendum in Hong Kong.
I hope that the Government will take heed of views expressed peacefully and draw up a consultation timetable for taking forward the democratic process. As time is already extremely tight, we do not wish to resort to demonstrations to force the Government to carry out the consultation concerned. If the Government responds positively in this respect, the public will understand and wait patiently. Yet, if the Government chooses to do nothing at all, let us meet on 1 July then!
President, I so submit.
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DR CHIANG LAI-WAN (in Cantonese): President, firstly, we welcome the Government's initiative in the Policy Address to promote the implementation of the goal of universal suffrage.
The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) supports the implementation of universal suffrage for election of the Chief Executive in 2017. Hence, DAB will continue to vigorously promote the implementation of the goal of universal suffrage in 2017.
The universal suffrage systems for governors in the world can basically be categorized into two main types, elected through an indirect election system or by "one person, one vote". DAB supports that the Chief Executive of Hong Kong be elected by "one person, one vote" in 2017. At the same time, we are more concerned about the eligibility criteria for being a candidate for the Chief Executive election. That is, how can we elect a Chief Executive who can lead our civil servants on the one hand, while, on the other, possesses experience and ability in Government administration?
Some people said that the simpler the criteria, the better, and preferably as simple as all Hong Kong Permanent Identity Card holders are eligible. I definitely cannot agree with this. Not to mention others, I do not want to see several dozens of candidates participate in the election forum. If this is the case, the public will have no way to make their choice. How can they choose?
You may remember that, a few years ago, a very popular comedy star was elected the President of the Philippines. Soon after that, he was forced to step down due to corruption. In the State of California of the United States, a superstar was also elected as its governor. After he was elected, the State was narrowly the first in the United States to be on the verge of bankruptcy.
A number of European countries are now on the verge of bankruptcy, driving academia to study the Asian countries and regions which are relatively successful in economic development, and to look into their prevailing political systems. Tony Blair, former prime minister of the United Kingdom, even suggested that a third way for the United Kingdom's political system should be considered and studied. What are the reasons for that?
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For the sake of Hong Kong, and for the better livelihood of the Hong Kong people, politics should advance to keep up with the times. Detailed election arrangements should be thoroughly and carefully examined.
Therefore, DAB supports that the Government should launch a comprehensive consultation on the election methods of the Chief Executive in 2017 and initiate the constitutional procedures.
I so submit. Thank you, President.
MS CLAUDIA MO (in Cantonese): President, the Government will soon announce the measures to save our babies in Hong Kong as there is a shortage of infant formula. Of course, having some measures is better than none while being late is better than never. However, it is really astonishing that the measures introduced by the Government are those proposed by netizens on the Internet well in advance. We have to give these few netizens some "credits", including Martin OEI, Kay LAM and Jacky LIM. The Government is always slow in reaction. As we know, the Lunar New Year holidays are imminent, and the parallel traders will soon get the information and rush to scramble as much infant formula as possible.
President, there were 20 million Mainland residents who came to Hong Kong without staying overnight last year. They made their return trips on the same day, reaching 20 million person-trips. They all came and went in haste without staying overnight. They had indeed made contributions to the tourism industry of Hong Kong, but at the same time there were signs clearly showing that they were "parallel traders". We really hope that the Government can solve this problem. The Government has to reform from the bottom and abolish the arrangement of "multiple entry permits" as soon as possible, especially for Hong Kong and Shenzhen, or even abolish the arrangement of "multiple entry permits" for travelers from the Guangdong Province.
President, we feel that it has become more and more "mainlandized" in Hong Kong. The Basic Law of Hong Kong stipulates that we have "a high degree of autonomy". The problem is how to measure "a high degree". Are the criteria for measuring "a high degree" in their pockets or in our pockets? Hong Kong people should have "a high degree of autonomy", including keeping LEGISLATIVE COUNCIL ─ 1 February 2013 6297 our way of life unchanged for 50 years. However, Canton Road has been occupied for some time. After that, the residents in Sheung Shui cry out for a retrocession of Sheung Shui. The Mong Kok MTR Station is also in chaos. All these scenes had been captured by CNN which were truly extraordinary international news. Why has Hong Kong come to this? From the property market to toilet paper, everything has been affected. Mainlanders are now almost buying Hong Kong in whole. There is a prevailing tag in Hong Kong nowadays, saying that they are in Sheung Shui in the morning and in Tai Kok Tsui in the afternoon. Places throughout Hong Kong Island, Kowloon and the New Territories have become such a mess. While the present problem relating to infant formula may hopefully be solved, whether there will be another type of commodities next time, such as Lunar New Year festive food, including Ferrero Rocher, Yakult and Kjeldsens cookies? Does the Government have to lay down measures for each type of commodities? We urge the Government to be determined and tell the Mainland that we have to abolish the arrangement of issuing "multiple entry permits" for travelers from places in the vicinity.
President, the governance of LEUNG Chun-ying's government has given people an impression that it is full of political rewards. Recently, a series of events happened just like a television drama, giving people a feeling that the political spoils have been divided unevenly. We are particularly worried that the former Commissioner of Police and the former Secretary for Security have been given some very high-ranking political appointments after retirement. We are concerned about how the incumbent officials will handle the affairs in Hong Kong and whether they will keep an eye on the Mainland and then …… President, you certainly recall that during our State leader HU Jintao's last visit to Hong Kong, a reporter asked him a question about the 4 June Incident. In fact, the front-line policemen on the scene had received an instruction from their superior beforehand that they could not let the leader feel embarrassed. Have we imposed upon the press a new charge for "causing embarrassment"? We now cast doubt on whether the rulers and law enforcement officers in Hong Kong will do things in a tactful manner for their own interests and deferred benefits in return.
Speaking of freedom of the press in Hong Kong, we all know the latest ranking published by Reporters Without Borders. Hong Kong has fallen four places, but this is already better than what I have imagined. President, have you noticed that, over the past 10 years, our ranking has dropped from the original 6298 LEGISLATIVE COUNCIL ─ 1 February 2013
18th to the 58th place at present, a drop of 40 places like a fall from a slide. You may say that for the past 10 years, it was none of LEUNG Chun-ying's business. However, even in the Six-monthly Report on Hong Kong presented to the Parliament by the British Government, it told people around the world that journalists in Hong Kong were concerned that under the new administration of LEUNG Chun-ying, self censorship of the Hong Kong media would become more prevalent. Even foreigners take note of this situation, but our Chief Executive behaves as if nothing has happened. He just used a few words to lightly mention freedom of the press: "and respect for press freedom". This is totally unacceptable. I repeat once more that for the forthcoming archives law, the Government may again want to muddle through. Then, for the legislation on freedom of information, it may say that let the ombudsman look at it first. The archives law is related to history while the legislation on freedom of information is about news. However, he will probably do nothing at all. After that, he will proceed in full swing with the enactment of anti-stalking law and the inclusion of a provision prohibiting company search in the Company Ordinance. These are the issues that have been argued for a long time.
President, in the report of Reporters Without Borders, the Mainland China was described as "the world's biggest prison for netizens", but LEUNG Chun-ying has repeatedly mentioned China-Hong Kong integration. When it comes to integration in this aspect, I really have to say no and we are unable to accept this as we will not integrate with them. I also worry that if this continues, under such governance and policies, the ranking of Hong Kong in the next year's world press freedom index will fall 10 places further.
Next, President, I would like to talk about the right of ethnic minorities. There are only a few lines of words concerning this aspect in LEUNG Chun-ying's Policy Address, saying that it is harder for ethnic minorities to integrate into the community because they have difficulties in learning Chinese. And, that is it. We originally thought that he would do better on education for ethnic minorities, but no mention was made of this under education in his Policy Address. Obviously, he is basically dilly-dallying. In this regard, the Secretary for Education just said that he would enhance and strengthen the support for ethnic minorities to learn English, but in respect of a curriculum for teaching Chinese as a second language, there was no real commitment and action. He refused to make any commitment and basically no action would be taken.
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Last time, he indicated in his speech at a Panel meeting that he did not know what the ethnic minorities were thinking about and he did not understand what objectives could be achieved through a curriculum for teaching Chinese as a second language. Whether they simply want to communicate with the Chinese in their daily life, apply for universities or apply for the Harvard University and the Oxford University overseas? President, this was not something that the Secretary for Education should say. So, I would like to discuss human rights with him now. Children learn English and English is our second language. Will we ask the children or their parents what they want from learning English? Whether it is because they simply want to say a sentence like "how are you" or they want to apply for the Harvard University? The curriculum for learning a second language is an internationally-recognized education method, but the Education Bureau has totally ignored it.
President, in Hong Kong, governance is the synonym for administration, but this Council is the Legislature. Obviously, based on the administrative concept of the Government led by LEUNG Chun-ying, it only asks for co-ordination from the Legislative Council. He has not used the word "co-operation" or "co-operation among the three powers" as mentioned by Xi Jinping during his past visit to Hong Kong. In his mindset, there is "co-ordination" only. If so, he is totally against the principles of the separation of powers and mutual monitoring among the three powers in the modern society. I really do not know what I can do in the Legislative Council. In a word, we have to co-ordinate with him according to what he said. He can do whatever he wants. The Government's present stance is also very clear that the functional constituencies will not be abolished in the next election. He just wants to expand the electorate base and make everyone happy. For instance, there were five super District Council seats this time. In addition to those super District Council members, will there be "super-super" seats next time?
He has all along attempted to rationalize unfair arrangements by telling Hong Kong people that such arrangements are very representative. However, as for constituencies that are truly representative …… for example, why not establish "a functional constituency for housewives"? Is it not more representative with more Hong Kong people being involved? How about our university students? (The buzzer sounded) …… Thank you, President.
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MR LEE CHEUK-YAN (in Cantonese): Judging from the Policy Address that we are looking at, I believe that Secretary Raymond TAM might as well take leave for the year, as the subject areas under his purview are full of casual remarks. There is nothing he has to do. I have never seen any policy addresses in which not launching any consultation was regarded as a policy measure. As far as equal rights is concerned, the Policy Address has pointed out that the Government will continue to listen to different views extensively on legislation against discrimination on the ground of sexual orientation, whereas "at present, we have no plan to conduct consultation". If that should be the case, why is it necessary to listen to views? How can the Government dilly-dally? Even consultation will not be conducted.
Regarding constitutional development, the Policy Address has stated that the Government will launch a comprehensive consultation at an appropriate juncture, but this is like not having said anything at all. Since consultation is not to be conducted, the Government may stop running as well, so as to save money. Since no consultation was necessary for these two areas of work, the Government could continue to dilly-dally. In that case, what is there for the Secretary to do?
What I am saying is that there is not much time left for us to take forward the constitutional reform. If we are going to elect the Chief Executive by universal suffrage in 2017, then we will have to complete the legislative procedure by 2016, meaning there are only three years left. Why is it not possible to have a consultation conducted right away to take a glimpse at the mode of universal suffrage that the society prefers for 2017 and how the Legislative Council election will be conducted in 2016? Our stance is very clear: all functional constituencies will have to be abolished, and genuine universal suffrage will have to be carried out in 2017, but how should that be done? Will it genuinely be a universal suffrage? These are things we have to discuss.
But then, why is the Policy Address written that way? We can come up with an explanation fairly easily: that is because the Central Government has not made a decision or given an instruction. So long as an instruction is not given by the Central Government, the SAR Government will be doing nothing; but once the Central Government has given an instruction, the SAR Government will act immediately and high-handedly, coercing Hong Kong people to oblige. By then, the same old trick will be used again. The Central Government will take LEGISLATIVE COUNCIL ─ 1 February 2013 6301 matters in its own hand and coerce Hong Kong people to oblige. We can foretell that the authorities will cut the Gordian knot by rushing through the whole process hastily. Should that be the case, it means that there is no sincerity, and people will very much question whether or not there will actually be any genuine universal suffrage.
President, the present debate session is on the final part of the Policy Address. As far as governance is concerned, as we can see, Hong Kong is in the middle of a credibility crisis, and the credibility of the Government has gone bankrupted. Having cheated once, one will never be trusted again. From the unauthorized building works incident, we can see that LEUNG Chun-ying was trying to use one lie to cover up another, and people are calling him a "lair". On the livelihood of the people, as we can see, the pledges he made in his manifesto have not been realized, and in the end they are all cut back. That was another credibility issue. Take the Old Age Living Allowance (OALA) as an example, it was originally stated that the pocket money given by the children to the elderly would not be counted as income, but the advertisement broadcast yesterday stated that any unspent part of such pocket money will be taken as the assets of the elderly persons, which will be subject to a means test. Once again, the elderly have been misled.
Not only has his credibility been called into question on livelihood issues, Mr LEW Mon-hung has recently made some "disclosures". We have always said that LEUNG Chun-ying cheated his way to his current CE post, but as it turns out, he not just cheated the Central Government, but also other people. We are talking about political rewards here. He has been giving out political spoils to everybody in order to secure his CE post. Under the current circumstances in which his credibility has gone bankrupted, it is impossible for LEUNG Chun-ying to carry on with his governance. This being the case, his only way out is …… it is really a pathetic situation for Hong Kong. We do not want a Chief Executive with nil credibility (The buzzer sounded) …… the only way ……
PRESIDENT (in Cantonese): Mr LEE, your speaking time is up.
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MR LEE CHEUK-YAN (in Cantonese): …… is for LEUNG Chun-ying to step down. Thank you, President.
MR MICHAEL TIEN (in Cantonese): With regard to the section on our administrative and constitutional systems, the Policy Address proposes to set aside $1.8 billion for the 18 District Councils (DCs) to carry out signature projects. The intention itself is good, but the projects have to be launched hastily. The authorities said that the earliest date they could arrange for a briefing is on next Wednesday, that is, on 6 February; but DCs have to submit their proposals to the Government before March, and that is, in less than 60 days. Why is Mr TSANG, the Secretary, not present in this Chamber? I hope he can listen to what I have to say. The most moronic aspect of the scheme is that each project will be subject to a lower limit of $30 million. I have wanted to ask the Secretary: are you kidding when you say a $30 million project has to be conceptualized within 60 days?
Furthermore, it seems that such a rule is meant to encourage everyone to think that, if a proposed project requires only $28 million, then no matter what he does he must "add some stuff" to the project in order to reach the lowest limit, otherwise the project is not even eligible for discussion at all. According to the documents from DCs, a signature project is defined as one that would have a visible and lasting impact in the community. Is it the appearance or the practicality of the projects that matters? I am not saying that the aesthetic aspect of a community is unimportant, nor am I playing down the importance of beautifying a community. For landmarks that carry aesthetic feelings, arts elements as well as historical and cultural backdrops, this is something that cannot be planned for. I am a pragmatic person, and I consider that practicality is the most important aspect of a project.
I am a member of the Tsuen Wan District Council. Every day, more than 30 000 persons go through Exit A4 of the Tsuen Wan MTR Station, and an escalator is badly needed there. Since the Tsuen Wan MTR Station was opened for use more than 30 years ago, such an escalator has never existed; as a result, tens of thousands of residents have to climb 44 steps day in and day out. To me, this escalator project is certainly a signature project in Tsuen Wan, and the MTR Corporation Limited has also replied to me that it would fully support the construction of the aforesaid escalator for the convenience of the people; the only LEGISLATIVE COUNCIL ─ 1 February 2013 6303 issue at stake is the payment of maintenance fees in future. However, if the emphasis of a signature project is on whether it is grand-looking, whether it will become a landmark, whether the tourists will come and take photos and whether the project can become a topic of interest, then I guess that this practical project, which I propose, would not qualify. I do not believe that a tourist guide would bring tourists to see the escalator.
During his election campaign, Mr LEUNG Chun-ying put forward the concept of "addressing district issues at the local level and capitalizing on local opportunities". Regarding the signature projects, I hope the Government will not set up too many restrictions and regulations; otherwise, I am afraid these projects would no longer be proposed according to the needs of the people.
President, after listening to the Government's responses to the issues of education and poverty alleviation this morning, I really have to spend some time in this session to make a response, especially to the Secretary for Education's comment about the "aristocratization" of education. I think that what he said was devoid of substance and made me feel rather disappointed. When I read newspapers this morning, I saw that The Hong Kong Institute of Education had announced the findings of a study showing that it was more difficult for the poor students than for the rich students to receive university education. The study compared the data obtained in 1991 and 2011, that is, comparing data at two points between 20 years. It is found that the chance for youths from poor families living in public housing estates and youths in the category of new arrivals to receive university education is less than one third of the chance for youths from rich families living in private housing and for local students. This is a sign that the gap between the rich and the poor in Hong Kong will continue to widen in the years to come. It will become increasingly difficult for the poor students to receive university education, and this is an alarm of cross-generation poverty. This is also the evil consequence brought by an increasingly "aristocratized" education regime.
The Policy Address reflects Mr LEUNG Chun-ying's guiding principle for poverty alleviation: he only seeks to alleviate, not to eliminate, poverty. In other words, he only tries to tackle the problems right before him, a short-sighted plan in alleviating poverty. In fact, the best way to eliminate poverty is through education, but the Policy Address made no mention in the area of education. The first sentence the Secretary said this morning was identical to the one in the 6304 LEGISLATIVE COUNCIL ─ 1 February 2013
Policy Address which said that education accounts for one fifth of total government expenditure. President, I really feel that this is weird. Should we treat the funding for education as expenditure or investment? If we want to treat it as an investment, then as mentioned by several Members earlier, a percentage of GDP can be calculated in this regard. At present, OECD has an average percentage of 6.2%; among the developing countries in G20, the percentage is 5.7%. But the latest statistics show that ours is only around 4.5%, and this is much too low.
According to the survey conducted by The Hong Kong Institute of Education quoted by me just now, the main reason for the poor students to have a smaller chance to receive university education is the lack of commitment from the Government. The number of places for publicly-funded bachelor's degree programmes is grossly inadequate in Hong Kong, and has increased by merely several hundreds in a period of more than 20 years. Each year, some 4 000 to 5 000 students, who are eligible for bachelor's degree programmes, are barred from education on university campuses. Even if we increase the number of places for publicly-funded bachelor's degree programmes by 5 000 in a year, our annual recurrent spending would merely increase by about $4 billion, and this on average would only push our education funding as a percentage of GDP up to 4.74%, far lower than the 6.2% in OECD. I have shared this aspiration with the Financial Secretary, but he told me that recurrent spending cannot be increased like that. I hope the Chief Executive can seriously ponder about this issue.
Today, the Secretary for Education also said that 15-year free education is being studied. President, before the implementation of 15-year free education, there is an Education Voucher Scheme at present. How effective is the Scheme? Since the implementation of the Scheme in 2007-2008, 100 kindergartens, or 10% of kindergartens, have withdrawn from the Scheme. We can guess that all the withdrawn kindergartens are the renowned schools which do not have problems in enrolling students. At the end of the day, the middle class are left with fewer choices.
There is a well-known and well-established kindergarten in Kowloon that is still accepting voucher subsidy this year, and the parents are now paying a tuition fee of about several hundred dollars a year only. However, the school will withdraw from the Scheme next year. So, what is the difference between being a parent this year and being a parent next year? The difference is that, LEGISLATIVE COUNCIL ─ 1 February 2013 6305 starting from next year, a parent who has a kid in that kindergarten will have to pay an additional amount of more than $20,000 a year. This is such a big contrast between the tuition fees of the same kindergarten in a lapse of just one year. This is nothing but "aristocratization" of education.
The situation of kindergartens under the Education Voucher Scheme and the "aristocratization" of primary and secondary schools under the Direct Subsidy Scheme are traceable to the same cause. Ironically, I need to declare that I am the supervisor of a secondary school under the Direct Subsidy Scheme. Even so, I still feel that the system of Direct Subsidy Scheme should be reviewed, because there is no way out if things go on like this. The room for the middle class and the grassroots to move up the social ladder through education is dwindling. Can the Government continue to deceive itself by turning a blind eye to it?
Since there is some time left, let me say a few words on my favourite subject, which is English. Many people say that you can conquer the whole world once you have acquired English. If our next generation can improve their English, it would be much easier for them to get out of poverty. We have talked for years about improving our English language standard, but what have we done so far?
In our discussion with the Chief Executive before the delivery of the Policy Address, we pointed out that we must put great emphasis on the provision of English language education for children aged between four and eight. We suggested that kindergartens should employ native-speaking English teachers (NET), who would read stories to our kids and sing with them. The most important thing is to expose our children, at this absorbent stage of life, to native English instead of the English spoken by the foreign domestic helpers hired by the middle-class families or the English we speak with heavy local accent. Many scholars agree that the time between four to eight years old is the most crucial time in life. After listening to our suggestions, the Chief Executive thought it was very innovative. However, as we all know, not a single word was mentioned in the Policy Address which does not even contain the phrase: "English language education".
Apart from kindergartens, the primary schools in Hong Kong should hand over English language instruction for Primary One and Two students to NET 6306 LEGISLATIVE COUNCIL ─ 1 February 2013 teachers, and reduce the number of sessions for local English language teachers, so that they can devote themselves to teaching senior students and have more time to prepare for class. Hopefully, in doing so, we can enhance the effectiveness of our English language education.
The Chinese people attach great importance to education, and Hong Kong's future depends on the next generation. Here, I urge the Government to readily accept good advice. The investment we make in education is equivalent to the investment we make in Hong Kong's future; if sound investment is made, good harvest can be expected.
President, I so submit.
PRESIDENT (in Cantonese): Mr TIEN, if you had been able to make the last several points of your views in the third debate session, the Secretary for Education, who was present at that session, would have been able to respond to your views.
MS CYD HO (in Cantonese): President, perhaps the Chief Executive LEUNG Chun-ying is of the opinion that Hong Kong citizens will be happy enough as long as they are sheltered and fed at the mercy of the developers under their hegemony. While he has spent a great deal of time elucidating his land and housing policy, no heed has been given throughout the Policy Address on Hong Kong people's aspiration for democracy and human rights or their call for justice. Only a pathetically meagre portion of the Policy Address has dealt with topics on human rights, the democratization progress, rule of law, freedom of the press and freedom of expression, and an archives law for preservation of historical records, and so on.
Yet, Hong Kong people nowadays have clearly spelt out their wish for the expeditious implementation of dual universal suffrage and a democratic political system. In the view of Hong Kong people, democracy is no longer as simple as a "one person, one vote" election. We are going after democratic infrastructures, and we have come to understand that in a democratic society, we have to protect minority rights through law, legislation, and an impartial judiciary. To keep pressing ahead, there has to be rational discussion in the community.
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Anti-discrimination law in Hong Kong was enacted in as early as 1996, but unfortunately, the proposal put forth in 2012 for a consultation exercise to be conducted on legislation against discrimination on the ground of sexual orientation continued to meet with considerable resistance. Many surveys have shown that more than 60% of respondents actually supported legislation against discrimination on the ground of sexual orientation. While our request for conducting a public consultation is nothing but a humble demand, yet some members of religious groups and conservative people, who either do not have any idea of anti-discrimination law, or who are disinclined to eradicate discrimination, have exerted pressure on the Chief Executive behind closed door. As a result, even such a humble demand for a public consultation exercise "has been made to disappear" in the Policy Address.
I have heard that the consultation exercise on the protection of human rights was originally meant to be a highlight in the current Policy Address. More than 60% of respondents supported this move, which is a worthy endeavour to be carried out by a civic government. However, given the low public support for the Chief Executive, the paragraph on this matter "had been made to disappear" 10 days prior to the printing of the Policy Address for fear of driving his supporters further away, whose number is already pretty small to begin with. A few days ago, the Chief Executive, beaming with confidence and resolution, stated publicly that he would not give in to "developer hegemony". But then, why is it that he seems to be deprived of principles and conviction when it comes to protection of minority rights?
The Chief Executive seems to be astonishingly fearful about this issue. In the Q&A session of this Council, I cited two absurd examples which were completely anti-intellectual. I asked the Chief Executive to clarify whether or not the two cases constitute discrimination and breach the law. The two examples are very straight forward and they are just about common sense: will parents who object to the homosexual marriages of their children commit an offence? Will it constitute an office if a writer does not end a fairy tale with same-sex marriage of the major characters? Actually, they are more about common sense than about legal concepts, but the Chief Executive was so timid that he dodged and dared not answer these simple, common sense questions. He dodged the question by saying that he did not know much about law and that he dared not show off his scanty knowledge.
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In order not to suffer further losses of the already small number of supporters, the Chief Executive would readily sacrifice minority rights. Worse still, he completely disregards the panic and discrimination arising from these anti-intellectual messages in the community. As such, how are we supposed to render our support for this Policy Address?
Credit should be given to Secretary Raymond TAM, because he has done what a public officer is duty-bound to do. He has given clarification to the relevant Panel of this Council on the two questions which the Chief Executive has dodged, that the two absurd cases cited above do not amount to discrimination. He further explained to the media after the meeting that the two cases cited are not against the law because there is no element of slander or serious defamation.
The clarification given by Secretary Mr TAM is important, because the matter is within the purview of his policy area. Any legislation to be enacted in future and the associated policy objectives will be drafted and set by the Secretary himself, so by spending just a minute to clarify the matter, the Secretary can address many ungrounded public concerns. Yet, the Chief Executive does not even have the guts to do this.
The SAR Government does not have the guts and simply dismisses the public consultation exercise, but within the community, we will keep pressing ahead. This is the cover of the February issue of the City Magazine. This issue contains discussions on discrimination on the ground of sexual orientation in the Chinese community over the past years as well as how various Chinese communities fight for equal rights.
As a matter of fact, discussions and cultural activities will continue to be forthcoming from within the community. We will do our best to address public concerns and help people understand the current situation of discrimination. But I have to remind the Government that we must not allow discrimination to exist in the community in the name of morality, and this is the responsibility of not only a civil society but also the Government. If the Government allows itself to fall behind the civil society, there will be one more topic for our society to treat the Government with disdain.
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PRESIDENT (in Cantonese): Ms HO, your speaking time is up. Does any other Member wish to speak?
DR FERNANDO CHEUNG (in Cantonese): President, this Policy Address covered very little on human rights and just briefly mentioned the Convention on the Rights of Persons with Disabilities (the Convention). However, as far as the Convention is concerned, apart from vaguely saying that the Convention would be implemented, the Policy Address just stated that the Government would review the Commissioner for Rehabilitation's duties, responsibilities and ranking. These have to be done of course but, President, the Convention clearly requires the signatory states or territories to establish an independent mechanism, so as to monitor the implementation of the Convention by their governments. However, the Government has sidestepped the question, failing to establish an independent mechanism which should be set up according to the "Paris Principles" to monitor the Government's implementation of the Convention. In the end, the Government will brag and boast of its own by conducting self investigation and self-monitoring.
The Government has been silent on such issues as human rights, circulation of information, legislating on freedom of information and archives law, and no concrete action has been mentioned. Instead, it will, in this year, introduce subsidiary legislation under the Companies Ordinance to restrict the rights of the public to conduct company search, which will not only undermine freedom of press but will also infringe upon our rights to exercise monitoring on companies as well. This is not conducive to the promotion of civil rights.
Therefore, President, I register my regrets about this year's Policy Address. (The buzzer sounded) …… Thank you, President.
PRESIDENT (in Cantonese): Dr CHEUNG, your speaking time is up.
MISS CHAN YUEN-HAN (in Cantonese): Thank you, Madam President …… thank you, President, I am sorry for addressing you wrongly because I was thinking about discrimination against women.
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My speech today is divided into two parts, one on enhancing the functions of the District Councils (DCs), and the other on the state of discrimination against women. I want to emphasize one point that, before the reunification, we had dealt with a number of legislations on the prevention of discrimination against women. However, during the four years since I left the Legislative Council, based on what I observed from the cases handled by the Equal Opportunities Commission (EOC) and what I heard from the Women Affairs Committee of the Hong Kong Federation of Trade Unions, I have come to know that up to date, these legislations are not yet truly implemented to take actual effect. In fact, it is far away from that.
Let us take women pregnancy cases as an example. This type of cases makes up the bulk of cases handled by EOC each year. However, the Government has all along failed to look squarely at these issues and has merely relied on EOC to take them up. I do not think that is enough. Frankly speaking, the relevant government departments must take up the matter. In this regard, I think we are lagging behind the Mainland as it has indeed done better than we do in dealing with that situation. Secretary Raymond TAM is responsible for work relating to discrimination against women, and I hope that he will face up to these issues, including women living in poverty and their future retirement, and so on. These issues should be tackled altogether in the Women's Commission.
The other issue that I want to raise probably involves two government departments, one being the Home Affairs, the other being the one headed by Secretary Raymond TAM. It is about DCs. I followed up this issue and pointed out some of my observations at the previous meeting of the Panel on Constitutional Affairs. In 1999 when I was serving as a legislator, the Government had advised that, as there were many tiers of councils and the two former Municipal Councils (MCs) had some problems which triggered certain controversies in society, the two MCs were thus abolished. At that time, the Government had abolished the MCs on a very clear premise, that is, as it had told the community, the Legislative Council and other interested parties, they would do what they should do in the relevant areas. I remembered that, during the debate on the Provision of Municipal Services (Reorganisation) Bill, the Government undertook to enhance the role and functions of DCs, including granting administrative powers to DCs which would be similar to 18 small LEGISLATIVE COUNCIL ─ 1 February 2013 6311 administrative regions. In 2001 when LAM Woon-kwong held the post of Secretary for Home Affairs, he also made known his worries, which of course was also the Government's attitude on this issue, that the administrative arrangement for delegation of powers would drastically increase the number of policy making bodies, thereby giving rise to chaos in the policy-making level and even creating 18 sets of policies and standards. At that time, these worries had aroused a lot of discussion and criticism in society. We are of the view that the operation of the 18 DCs should be quite mature at present. Furthermore, I consider that, strictly speaking, the worries of LAM Woon-kwong back then were attributed to his lack of confidence in the elected members of the 18 DCs ― all DC members will be directly elected in the next term ― he had no confidence in their ability.
In fact, my observation is contrary to the above. Let me take Wong Tai Sin District Council (WTSDC), with which I am familiar, as an example. When the former Chief Executive Donald TSANG said that some unfavourable facilities such as columbarium were to be built in the 18 districts, it happened to be WTSDC which gave consent to that proposal. In fact, there were other issues to which DCs had agreed. We found that in the operation of DCs, a desirable balancing effect could be achieved when all parties were actively involved in the administration of the entire district. Hence, I am of the view that the then approach of LAM Woon-kwong is no longer compatible with the overall trend of constitutional development nowadays.
Moreover, since the abolition of MCs in 1999, people often said that DC members should undergo a process if they were to become Legislative Council Members, and these people considered that the process should be further enhanced and improved. There are also people who considered that the enhancement should be taken up by political parties or other non-government organizations. However, I do not think it is fair because when the Government "scrapped the two MCs", it had clearly stated that the district administrative powers should be delegated to districts. This is exactly what Chief Executive LEUNG Chun-ying has said: "District administration has been implemented in Hong Kong for more than three decades. It has produced positive results, but also leaves much room for further development. I put forward the concept of 'addressing district issues at the local level and capitalizing on local opportunities'. This means that district administration, initiated by the 6312 LEGISLATIVE COUNCIL ─ 1 February 2013
Government, should be complemented by active district participation. It should not be the sole responsibility of the Government. The way forward is to delegate certain work and responsibilities to the District Councils." I am of the view that this concept represents certain progress as compared with what LAM Woon-kwong had said back then. As to what further steps the authorities should take, I do not know whether the job would be taken up by Secretary Raymond TAM or Secretary TSANG Tak-sing. Given that all DC members will soon be returned by direct elections, should the "District Officer" posts in various DC Secretariats be upgraded so that District Officers may work together with DC Chairmen, who were elected by direct elections, in leading the development of the entire districts? From an objective perspective, WTSDC has already done so, be it the Kai Tak River Project, the development of Tai Hom Village or Wong Tai Sin, the entire DC has responded to the Government in a positive and proactive manner. As regards the concept on district administration put forward by LEUNG Chun-ying today, I hope that the officials in the two bureaux concerned will face up to the problems and tackle them, instead of engaging in mere talk and doing nothing at all. President, I so submit and hope that there will be no more disappointment this time.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR GARY FAN (in Cantonese): President, the Policy Address mentions that our civil service is an important asset to Hong Kong, but we consider that those non-civil service contract staff serving in government departments and in their relevant establishments have all along been marginalized or even forgotten by the Government. The Policy Address is completely silent on issues about putting on hold outsourcing of public services by government departments, abolishing the outsourcing of the Community Work Programme, as well as converting all non-civil service contracts into regular ones and incorporating such staff into the government structure, and so on. We opine that it is unfair as no specific undertakings have been given to those non-civil service contract staff who have been toiling silently to serve members of the public. Therefore, the Neo Democrats calls on the Government to expand the size of the civil service establishment and put in place a mechanism for converting non-civil service contract staff with good performance into civil service agreement officers, so as to retain talents and enhance the quality of government administration.
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President, as stipulated under Article 24 para 2(1) of the Basic Law of Hong Kong (BL), one of the definitions of permanent residents of the Hong Kong Special Administrative Region (HKSAR) is "Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region". It is clearly written in the said Article. No matter how an adult with sound intelligence tries to explain, it is impossible for him to distort the meaning of this clear and simple Article to overturn the judgment of the Court of Final Appeal (CFA) in CHONG Fung-yuen's case in 2001 that children born in Hong Kong to "doubly non-permanent resident pregnant (DNRP) women" are entitled to right of abode in Hong Kong (ROA). President, however, unfortunately the Secretary for Justice has earlier requested CFA to consider requesting the Standing Committee of the National People's Congress (NPCSC) in accordance with Article 158(3) of BL to make interpretations on Article 24 of BL with respect to issues relating to ROA that children of DNRP women are entitled to. We consider that his motive is obvious to all. The Secretary for Justice and the Government want to make use of the huge public backlash of Hong Kong people who oppose the enjoyment of ROA by children born in Hong Kong to DNRP women and take this opportunity to seek NPCSC's interpretation of BL. Such an act will affect Hong Kong's judicial independence, as well as the established principle of separation of powers in Hong Kong. We find this difficult to accept.
Moreover, President, we find many people of high position, especially those in the pro-establishment camp, keep on criticizing that Hong Kong judges do not understand the relationship between the Central Authorities and the local region, as well as criticizing the judges' interpretations of the legislative intent of BL. These people in the pro-establishment camp often stress that NPCSC's interpretation of BL is a crucial part of the constitution, while some of them even advocate that NPCSC's interpretation of BL should be normalized. We consider that doing so will only push Hong Kong's "separation of powers" system towards a "collaboration of powers" system, and greatly narrow the scope of Hong Kong's autonomy. The Neo Democrats and I opine that since that BL Article is clear beyond doubt, and the judges have made their rulings in a professional, fair and careful manner in accordance with that Article, CFA is not to be blamed for the current problems arising from ROA of children born to DNRP women. The issues lie in the fact that holistic considerations had not been made in the drafting of BL back then. BL has been implemented and promulgated for many years. If a BL article is found to be not keeping up with the times in actual 6314 LEGISLATIVE COUNCIL ─ 1 February 2013 circumstances, we consider that amending Article 24 of BL is the proper way to tackle the root of the problems associated with DNRP women coming to Hong Kong to give birth.
President, next, I would like to talk about the issue of political reform and democratic system in Hong Kong. We remember that on 1 July last year, the very first day of the assumption of office of the Chief Executive Mr LEUNG Chun-ying, 400 000 people took to the streets to show not only their dissatisfaction with him, but also to express strongly their demand for early implementation of dual elections by universal suffrage and realization of democracy. However, in presenting his Policy Address which he claims to be the policy blueprint for the coming five years, he has made no response to the people's demands and only mentioned that a consultation will be conducted at an appropriate juncture, thereby dodging the issue of universal suffrage which is of great concern to Hong Kong people.
As for the previous constitutional reform proposal, the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (LOCPG) had openly intervened in the relevant negotiation process and, after the proposal was passed by the Legislative Council where half of its Members were returned by functional constituencies (FC), Legislative Council's District Council (second) functional constituency seats, the now so-called "super District Council (DC) members", have been created. That is a covert move to make the FC system exist permanently and DC elections are a stepping stone to enter Legislative Council. While there is no universal suffrage for Hong Kong people, and we cannot withstand the pressure from the Communist Party of China (CPC), we will submit ourselves to CPC and negotiate with them, surrendering the principle of "Hong Kong people ruling Hong Kong". Under such circumstances, we opine that the previous tragedy relating to the 2012 constitutional reform proposal may well repeat itself.
The Neo Democrats does not support any negotiations with the Central Government with neither bottom lines nor principles, and continuous concessions have to be made just for the sake of achieving a constitutional reform proposal that can be accepted by all sides. We opine that both the Legislative Council election in 2016 and the Chief Executive election in 2017 should be conducted by universal suffrage, so as to rectify the distorted and absurd political system at present, and implement a democratic system in Hong Kong. However, the Chief LEGISLATIVE COUNCIL ─ 1 February 2013 6315
Executive, Mr LEUNG Chun-ying, not only does not have the courage to right the wrongs, he even has left some devilish details when abolishing the DC appointment system. For example, to our knowledge, nothing will be done in relation to the ex-officio seats. Therefore, we are gravely concerned as to whether, in the future, the Government will start abolishing DC appointed seats in 2016 by phases and all appointed seats will be abolished only after a long time.
President, I would also like to highlight that DCs at present are statutory advisory bodies, but both DCs and the Heung Yee Kuk have not been able to perform their expected advisory functions on several important social issues and the Government's planning work. This is particularly obvious in the case of the North East New Territories New Development Areas project.
President, we often demand "one person, one vote", but "one person, one vote" is just a form of democracy. A genuine democratic system needs a civil society to cope with it. We must have freedom of speech, freedom of the press and basic human rights. The interests of the minorities in Hong Kong must also be protected.
Reporters Without Borders recently released the Press Freedom Index. The ranking of China has slightly moved up one place when compared to last year (2012), as China now ranks the seventh from the last among the 179 countries and regions worldwide. However, the ranking of Hong Kong has continued to fall further to the 58th, a drop of four places compared to last year, and has even been surpassed by Taiwan. This is the first time such thing has happened. Without anyone noticing, Hong Kong is being planned to integrate with China. I am deeply worried that the freedom of press in Hong Kong will gradually converge to the standard in our mother country. The HKSAR Government is solely to be blamed for the big regression in the freedom of press in Hong Kong. This can be seen from the "black shadow remark" we heard in the past, the selective approach adopted by the Information Services Department in releasing information, and the setting of more and more core security zones which are farther and farther from the spot and smaller and smaller designated press areas. What is more outrageous is that the newly-amended Companies Ordinance forbids members of the general public, including the media, from inspecting the residential addresses and full identification numbers of company directors. This undermines the monitoring power of the media and the public's right to know and further damages the freedom of press in Hong Kong.
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In recent years, the police have repeatedly suppressed processions and demonstrations in a high-profile manner, paying no regard to the rights of demonstration, assembly and procession granted to Hong Kong people under BL. From the "black shadow remark" made during LI Ke-qiang's visit to Hong Kong, to core security zones and to the "sound cannons" deployed recently, we can see that the police have employed tougher and tougher measures. Regarding equal rights for people, homosexuals and ethnic minorities have been subjected to unequal treatment in their work, education and various aspects of life. However, we consider it a pity that the Policy Address does not mention whether there will be a review of the restrictions on human rights as imposed by the Public Order Ordinance, nor does it propose any measure to protect the freedom of press or a timetable for conducting consultation on legislating against discrimination on the ground of sexual orientation. If the Legislative Council today passes a motion to express thanks for a Policy Address which does not mention the implementation of democracy, human rights and equality, the voting intention of Legislative Council this time will become a laughing stock.
(Mr Gary FAN turned on the sounding device of a baby doll, playing some baby crying sounds.)
PRESIDENT (in Cantonese): Mr FAN, please stop playing the sounds immediately.
MR GARY FAN (in Cantonese): President, I really would like to let the Secretary for Justice and the Chief Secretary for Administration to hear the wailing and crying of babies in Hong Kong ……
PRESIDENT (in Cantonese): Mr FAN, only your voice should be heard when you are delivering your speech. If you do not stop playing the sounds, I will have to order you to leave the Chamber.
MR GARY FAN (in Cantonese): The measures to stop parallel traders from scrambling infant formula announced by the Government today are still inadequate. Our society has been hoping for a long time that the Government LEGISLATIVE COUNCIL ─ 1 February 2013 6317 can employ some legal tools to stop parallel traders from scrambling infant formula from mothers and babies in Hong Kong, but the Government has advised that it is still examining the issue. This is just the same superfluous approach of conducting studies and setting up committees mentioned repeatedly by the Chief Executive in the Policy Address. In my view, this is a great pity. I hope that the Government could hear Hong Kong people's shouts and Hong Kong babies' cries. You have the ability to do something, but you do not take to heart Hong Kong's situation. You just pay regard to the general well-being of the Mainland, not the well-being of the Hong Kong people, and this is very unfortunate.
President, regarding the Motion of Thanks for this Policy Address, I will vote against it.
MS STARRY LEE (in Cantonese): President, over the past six months, the Government's work has been caught in a quagmire that has made every single move very difficult. Even before Mr LEUNG assumed office, his advocacy of "three Secretaries of Departments, two Deputy Secretaries of Departments and 14 Policy Bureaux" was negatived. The Old Age Living Allowance, which he rolled out soon after taking office, was also severely criticized in the Legislative Council. Only three months or so have passed since the Legislative Council's "kick-off", but the Legislative Council has already moved motions of no confidence in Secretary Eddie NG and Secretary Paul CHAN. In respect of the Chief Executive, the Legislative Council has even exhausted the three steps of moving a vote of no confidence, invoking the Legislative Council (Powers and Privileges) Ordinance and activating the impeachment mechanism over a very short span of time. The relationship between the executive and the legislature is in a state of unprecedented confrontation and tension.
In the debate on the Policy Address these two days, some Members have concentrated wholly on criticizing LEUNG Chun-ying with acrid words and expressions, or even levelling personal attacks at him. The expressions used by some Members are extremely indecent, and I do not want to repeat them here. In a word, they have said nothing good of him at all. It looks like some Members are no longer objective, but have instead turned personal in their criticisms against government officials.
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Some Members have commented that the treatment of constitutional development in the Policy Address is too brief. President, according to the decision of the National People's Congress (NPC), Hong Kong may elect the Chief Executive by universal suffrage in 2017. It is 2013 now, the preparation period for universal suffrage, and I am confident that Hong Kong people can elect the Chief Executive in 2017 by universal suffrage. However, in order to implement universal suffrage, the Government must give thoughts to various support arrangements, in addition to formulating electoral methods and timetables. Putting forward a mere timetable without mentioning any political reform cannot help rationalize the present relationship between the executive and the legislature, nor can this assist in rectifying the present situation of difficult governance.
Why is the relationship between the executive and the legislature so confrontational, and governance so difficult? Let us begin by looking at the executive-led system. Under the Basic Law, the executive-led system is the very spirit underlying the governance of Hong Kong. The Chief Executive, the Executive Council and various government departments are responsible for formulating bills, and such bills are then put before the Legislative Council for scrutiny. Legislative Council Members have the power to pass or veto the bills introduced by the Government, and at the same time, they may propose amendments to bills. The Government, on the other hand, must receive the support of Members for the smooth passage of bills. Hence, such a political system is inherently marked by an executive "with power but no votes" and a legislature "with votes but no power". The relationship between the two is never balanced. In soccer terms, one can say that Legislative Council Members are never able to launch any offensive, and they can only guard the goal and stop the Government from scoring.
Since the initiative is firmly in the hands of the executive, and the accountability team and civil servants do not need to run for election, the policies rolled out by the Government and the requests of Members who have gone through the test of elections will be based on entirely different standpoints. As a result, many Members frequently complain that however much they shout themselves hoarse in the legislature, the Government can still remain indifferent as ever, completely ignoring them. On the other hand, since no political parties can become the ruling party under the executive-led system, it is only understandable that political parties may not attach too much importance to the LEGISLATIVE COUNCIL ─ 1 February 2013 6319 implementation details and long-term financial commitments of the policies they advocate, thus giving rise to populist tendencies.
However, there is another reason for the poor relationship between the executive and the legislature. I think the present electoral method and delineation of constituencies for the Legislative Council have led to the existence of multifarious political parties in the legislature, because under the system of proportional representation, in a bid to optimize the effect of every vote, different political forces will have a tendency to split their candidates into separate lists or even allow party splits, so that they can make use of the remainder votes to send more candidates into the Legislative Council. In 2004, there were roughly 12 political parties and groupings in the Legislative Council. In the present Legislative Council, the number has increased to 17.
The splitting of political camps into smaller and smaller ones has, in my view, led to at least two problems. First, faced with more and more political groupings with vastly divergent aspirations, the Government suffers a very big headache when trying to decide how best to go about the task of lobbying. Second, under this electoral system, candidates may not necessarily give priority to the interest of the majority of people, because as long as they can receive a certain proportion of all the votes, say, even as small as 10% only, they will succeed in holding onto their seats. Political forces have therefore gone to different extremes, and one can say that our parliamentary culture can never be called the most radical, for it will only turn increasingly radical. Consequently, given the present political system of Hong Kong, under which there is neither a ruling party nor a ruling coalition, with the sharply divided executive and legislature going separate ways, it is inevitable that the executive and the legislature will never strike up any satisfactory relationship.
President, I often hear many civil servants and principal officials say in private that they are very reluctant to come to the Legislative Council and introduce any bills. This is actually understandable. Members who have any experience in Bills Committees will know only too well that during the scrutiny of bills by the Legislative Council, the government officials concerned will definitely be "bruised" beyond recognition. The more the Legislative Council distrusts the executive, and the tenser the relationship between the two turns, the less courage the Government will have to introduce any bills.
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In a research report on the Government's governance recently published by the SynergyNet, "success rate of legislative exercises" is adopted as an indicator for gauging the executive-legislature relationship and the Government's governance. In rough terms, under this indicator, the number of bills the Government intended to submit to the Legislative Council is compared with the number of bills eventually passed by the Legislative Council. The findings reveal that the average "success rate of legislative exercises" in the past 15 years after the reunification was far from satisfactory, with as much as 40% or so of the legislative programmes failing to be smoothly materialized as scheduled. What is more noteworthy is that the "success rate of legislative exercises" was more or less the same irrespective of who the Chief Executive was. This shows that the present situation of difficult governance is not the consequence of any specific Chief Executive's governance capability, but is instead a structural problem stemming from the existing political system, one which cannot be entirely tackled simply by replacing any specific Chief Executive or implementing universal suffrage.
As far as the relationship between the executive and the legislature is concerned, the United Kingdom and the United States are different. Countries adopting the Westminster system all operate under the constitutional principle of "fusion of powers". The ruling party, with its control over the majority of seats on the parliament, can fully steer the entire legislative process. The relationship between the executive and the legislature is therefore smoother and more stable. In contrast, countries practising the American presidential system all adopt the mode of "separation of powers" and "checks and balances". Since there is no relationship of supervision and subordination between the executive and the legislature, and the two thus balance and check each other, the administration must strive for the support of Congressmen before it can take forward its various governing blueprints. The relationship between the executive and the legislature is inevitably sprinkled with a certain degree of differences and frictions as a result.
In the case of Hong Kong, its political system is kind of unique, but more on the side of the American system of "separation of powers" and "checks and balances". The Chief Executive and the Legislative Council are vested with different powers, and there are "mutual checks and balances" between the two. Consequently, the presence of tension between the executive and the legislature is a constitutional inevitability. Under the constitutional framework provided for LEGISLATIVE COUNCIL ─ 1 February 2013 6321 in the Basic Law, the executive possesses the powers of taking forward policies and enacting legislation, including the powers of formulating and implementing policies, drawing up budgets and drafting bills; government bills have priority for inclusion in the Legislative Council Agenda; the Legislative Council is on the other hand vested with the powers of checking and monitoring the powers of the executive, including such real powers as examining government bills, monitoring the administration of the Chief Executive and approving public expenditure. These constitutional arrangements form a framework of "mutual checks and balances and mutual support between the executive and the legislature" for the Hong Kong Special Administrative Region. Therefore, I hope that apart from drawing up timetables, the Constitutional and Mainland Affairs Bureau can also conduct in-depth studies on how to rationalize the relationship between the executive and the legislature, so as to achieve the objective of "mutual checks and balances and mutual support between the executive and the legislature".
To resolve the present situation of difficult governance, we may note that one way which merits our studies is the establishment of a "ruling coalition". Discussions on this have actually been held in the community. In brief, the establishment of a "ruling coalition" is about sharing power and co-operating with the major political parties and groupings in the Legislative Council for the purpose of setting up an institutionalized alliance. Owing to the support of stable political allies, the Government will be able to achieve smoother administration and stronger governance.
There is one fundamental difference between this conception and the practice of appointing different people to the Executive Council and other advisory bodies after a government assumes office. The difference is that at present, a new government will invite different people to join its governing team only after taking office. Strictly speaking, such appointments do not involve any sharing of powers, so they cannot achieve the effect of collective responsibility. A genuine "ruling coalition", on the other hand, must be formed well before running for election. Different political parties decide to join the coalition of their own accord; they must draw up an open "coalition agreement" and then nominate a candidate. In this way, if such coalition is elected for ruling a place, the people within it will be able to share powers and assume political responsibility collectively.
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However, although "ruling coalitions" are found in many countries, such as the United Kingdom, Australia and Israel, actual experience shows there are also many problems with this system. The first problem is that the government will be unstable and the cabinet may be toppled at any time, because the coalition comprises political parties with different convictions, and their respective policy advocacy may be vastly different, thus giving rise to disputes very easily. The second problem is that the coalition may easily be "hijacked" by small political parties, especially when votes on both sides are close in number. I therefore understand that a "ruling coalition" must still be a preliminary conception, and as the required conditions are not yet ripe, it is very difficult to put this idea into practice in the near future. My only purpose of mentioning this approach today is to spark off discussions. I also hope that the Constitutional and Mainland Affairs Bureau can conduct studies on rationalizing the relationship between the executive and the legislature because there are only four years to go before the election of the Chief Executive by universal suffrage. There is not much time left.
During the preparation period for universal suffrage, and with the sharp division of the executive and the legislature, the Government has only one option in its governance ― the rule of public opinions. The rule of public opinions means that in the course of its governance, the Government must strive to respond to public opinions, and let public opinions decide who should be the winner. It also means that in all political tugs-of-war, public opinions shall be the paramount of the paramount; in every period of time and on every issue, opinion polls by different organizations are always in progress; public opinions shall play an important role in shaping the stances of the government and members of representative councils; and the turnouts in parades and marches shall also serve as indicators of public opinions. Yet, while opinion polls can provide very useful reference, any attempt to let public opinions decide all issues of governance, large and small, will definitely lead us away from the original intent of representative government. Therefore, in regard to the transition from the rule of public opinions to post-universal suffrage democratic politics, the importance of constitutional reform studies must not be ignored.
The Chief Executive says that he attaches a great deal of importance to the relationship between the executive and the legislature, hoping that pan-democratic Members can accept his invitation to meal gatherings and have communications with him. I agree entirely that communications are very LEGISLATIVE COUNCIL ─ 1 February 2013 6323 important, but meal gatherings and even the appointment of people from different political parties to advisory committees are no ultimate solutions when it comes to rationalizing the relationship between the executive and the legislature.
President, changes to the political system do need quite some time for discussion and mooting. It must be mentioned in particular that in the existing political environment, we cannot expect to see any results overnight. Therefore, before a new system is established, how are we going to improve the relationship between the executive and the legislature? Some criticize the Policy Address for not saying anything on improving the relationship between the executive and the legislature. I think improvements to any kind of relationship must hinge on sincerity, rather than any mundane official statements. It is only with communications and contacts that people can deepen their mutual understanding.
In an attempt to further improve the relationship between the executive and the legislature and to show my sincerity, I made it a point to ask the Chief Executive to personally lead a fact-finding tour on the Mainland for all Legislative Council Members. I also asked him to help those Members who are barred from the Mainland to apply for Home Visit Permits. Some Members and journalists subsequently asked me if I had made this request because I could "smell" that the Central Authorities would extend the olive branch. Honestly, I find this question a bit funny. Therefore, I wish to take this opportunity to clarify that I have not "smelled" anything at all. But I am totally sincere in my hope that such an ice-breaking visit can really take place, can really mark the first step towards establishing mutual trust and communications. Whether things can really work out must depend on whether everybody is willing to jointly create the required objective conditions for improving the relationship between the executive and the legislature.
President, I so submit.
MR NG LEUNG-SING (in Cantonese): President, before discussing political development, I would like to first look back on the constitutional status of Hong Kong.
Article 12 of the Basic Law stipulates that "The Hong Kong Special Administrative Region shall be a local administrative region of the People's 6324 LEGISLATIVE COUNCIL ─ 1 February 2013
Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People's Government." The People's Republic of China adopts the unitary state structure, that is, the non-federal system, and under the unitary state structure, Hong Kong is a district administrative region. The system Hong Kong practises is specified by the National People's Congress (NPC) through the Basic Law, and the high degree of autonomy enjoyed by Hong Kong is also conferred by the NPC through the Basic Law. In other words, Hong Kong is authorized by the Central Government to exercise various powers, and there is nothing as the so-called residual power. There is no way that Hong Kong can decide on its political system or make changes to it. Even if the Chief Executive is finally returned by universal suffrage, Hong Kong cannot deviate from the constitutional requirement of having to secure the substantive appointment from the Central People's Government. The appointment by the Central People's Government is substantive, and definitely not a matter of formality.
Therefore, a simple and clear principle is that the Central Government has a dominant role to play in Hong Kong's political development, and it has the power and the responsibility to be fully engaged. Any political development and options for changes must be in line with the provisions of the Basic Law, have the support of the people and satisfy the conditions set out in the Basic Law which require the consensus of the three parties, that is, the approval by a two-thirds majority of all Members of the Legislative Council, the consent of the Chief Executive and the ratification or keeping on record by the Standing Committee of the NPC (NPCSC). For universal suffrage to be implemented, there must be a thorough understanding of this entire political reality. This may be very much different from what some in Hong Kong see as regards a high degree of autonomy and their understanding of the Basic Law. Thus, different political factions, organizations and people should put aside differences and seek common ground, so as to build a consensus to promote universal suffrage.
In responding to related enquiries, Mr Raymond TAM, Secretary for Constitutional and Mainland Affairs, once said, according to past experience, attempts to amend Annex I and II of the Basic Law take around nine months from consultation to the tabling of resolutions. If different sectors of society and the different political factions inside the Legislative Council can respond to Chief Executive LEUNG's appeal in the Policy Address, adopt a rational and pragmatic attitude, bear in mind Hong Kong's entire and long-term interests, put aside LEGISLATIVE COUNCIL ─ 1 February 2013 6325 differences and seek common ground in seeking a consensus, even if consultation on the 2017 Chief Executive election and the 2016 Legislative Council election is to be launched in the next one or two years, there is still ample time for work to be done. However, if discussions in the run-up go extreme, no matter when the consultation is to be launched, it is difficult to guarantee a desirable effect for the exercise.
Therefore, I think it is in line with the provisions, legitimate, fair and reasonable and acceptable for the Policy Address to suggest that the Government will in due course launch extensive consultation with regard to the method for the selection of the Chief Executive in 2017 and the method for the formation of the Legislative Council in 2016 in accordance with the provisions of the Basic Law and the related decisions of the NPCSC. The different sectors of society will eventually understand that options for political development must be consistent with the state's basic principles and policies for Hong Kong as well as the principles specified by the Basic Law, that is, (1) taking account of the interests of all strata of society; (2) being conducive to the development of capitalist economy; (3) proceeding in a gradual and orderly manner, and (4) being suitable for Hong Kong's actual situation.
President, as an international financial centre, the people of Hong Kong can observe what is happening around the world and make all kinds of comparison. Many are of the opinion that universal suffrage can be won, but it is not almighty. If we believe too much that the implementation of universal suffrage means the solving of all problems which Hong Kong faces, this can be said to be unrealistic. Take a look at the numerous countries practising democracy in the Western world, including the PIGS mentioned by some lately, their economies are still mired in difficulties. These are examples easy to cite. We hope that the Government can prioritize its work, focusing first on pressing livelihood issues and enhance its governance before promoting political development in a gradual and orderly manner. The best strategy is for it to maintain stability first before seeking changes.
President, during the debate, many Members criticized the Policy Address for putting the emphasis on seeking changes while maintaining stability but opined that there in fact was not much change. I beg to differ. Judging from the part on constitutional system and the paragraphs on district administration, it can be felt that the "changes" emphasized by the Chief Executive are actually 6326 LEGISLATIVE COUNCIL ─ 1 February 2013 being implemented step by step. With regard to policy changes, we can see that the Chief Executive has proposed devolution in terms of work and responsibility to the District Councils, enhanced district-led initiatives and boosted district development; with regard to actual changes in resources, an extra $100 million has been set aside for each district to carry out signature projects in the community. This proves that both the software and hardware are changing. This is a change which will benefit the development of district administration, and which is a pragmatic and people-friendly one. At last, the opportunity has come for "addressing district issues at the local level and capitalizing on local opportunities".
Another prominent change in district administration is that from 2016, it is suggested that appointed District Council seats will be brought to zero. In fact, it is worth mentioning that over the years, many appointed members have made numerous contributions to the District Councils, most of them are not affiliated to political parties and possess considerable professional qualifications and rich social experience. All along, they have provided much practical experience which is beneficial to district development. They have effectively balanced the interests of the different sectors, and have also played an active part in bringing about long-term stability to society. Hence, be they appointed or elected, the efforts of the previous District Council members are worth credit.
With these remarks, President, I support the motion.
MR KWOK WAI-KEUNG (in Cantonese): The civil service team has drastically been reduced from 198 000 in 2000 to 160 000, which has then dealt a severe blow to the civil servants. After 12 years, despite an increase in population, the number of civil servants is still standing at a low level. What negative impact has this created?
Last year, the Office of the Ombudsman received 5 000 complaints, 35% of which were about the failure to respond to complaints, negligence, ineffective supervision and delays in delivering certain services on the part of civil servants, and so on. However, should the civil service be blamed for these complaints? I think this is unfair and unjust. After all, the root of the problem lies with manpower shortage. Even if the Government adds an extra 14 000 recurrent non-civil service contract posts, the services delivered still appear to be stretched. LEGISLATIVE COUNCIL ─ 1 February 2013 6327
Take the Post Office which is run by a trading fund as an example. To both the civil servants and the contract staff, working overtime is already a norm, and there is no way for them to take compensatory leave, nor can they be awarded overtime pay. The problem of manpower shortage is particularly prominent.
President, the succession gap and the imminent retirement wave are sounding the alarm bell for the civil Service. It is imperative that the establishment of the civil Service be reviewed, and the direction of increasing manpower by an ultra-low 1% annually be readjusted. This rate of increase is really too slow and will nevertheless give the public the impression that while it is very easy to create the posts of Under Secretaries or political assistants, it is all the more difficult to increase manpower for the civil service to provide direct services for the people.
President, at present, there are around 14 000 non-civil service contract staff, 30% of whom have more than five years of service. Just as every one of us here, they all want to aim high, look forward to salary increases and promotion, but sadly, among the cases of Community Work Organizers we have just received, many of them have worked for over a decade but have been denied promotion, nor can they enjoy medical benefit or housing allowance, and some even have not been given salary increases. With no salary increase for a decade, what are they waiting for? A stable job and living, a status to be given to them by the Government. However, sadly, more than a decade has passed, not only has the Government not given them a status, but the Government has also reneged on its promise, kicked them down the ladder and outsourced the entire service. The Government has only tendered a rash response, saying that it has asked the outsourced NGOs to take them in, or provide them with some training. This however is absolutely against the promise it made in the past, which is to turn some qualified non-civil service contract staff into permanent staff.
President, we think the Government should not take the lead in abusing the contract system. It should seriously consider phasing these qualified civil servants into the permanent establishment. It should also handle the imminent succession gap and retirement wave specifically and systematically, and appropriately increase civil service manpower. Then, the public will be guaranteed quality service, and the morale of the civil service will at the same time be boosted. Thank you, President.
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MRS REGINA IP (in Cantonese): I am aware I have only over a minute left. While Secretary Raymond TAM is present, I will use the remaining time to call on him not to be afraid of contention and launch the consultation on the feasibility of enacting legislation on discrimination against people of different sexual orientation at an appropriate time.
Lately, I met with people from some religious organizations, and we exchanged ideas in a frank and friendly atmosphere. I realized they actually are not against enacting legislation to tackle matters relating to people of different sexual orientation, just that they have much misunderstanding towards the subject. For example, some members of the church asked me whether sexual orientation is tantamount to fetishism and I explained to them sexual orientation refers to orientation for people instead of things, that is, orientation for the same sex, opposite sex or both sexes. According to scientists, sexual orientation does not mean a choice of sex, rather, it is the result of hereditary and environmental factors, as well as hormones.
Furthermore, enacting legislation on discrimination against people of different sexual orientation does not mean that it will result in reverse discrimination. I think consultation on the issue can be launched, and this does not amount to actual enactment of legislation. Just as Secretary TAM is aware, over a decade ago, the Law Reform Commission has put forward proposals on the enactment of a stalking law but after more than 10 years, no legislation is in sight. Thus, I believe the authorities should conduct a consultation exercise on the relevant subject in response to constant social changes, making Hong Kong a society which can accommodate people of different sexual orientation and different stances. Thank you, President.
MR JAMES TIEN (in Cantonese): President, I also have a little more than a minute left to speak. On the constitutional system, the Liberal Party hopes that the election threshold for the universal suffrage for the Chief Executive in 2017 can be lower, lower than that for the last election (2012), that is, securing the nomination of one-eighth of the Election Committee. From the result of the last Chief Executive election, we can see that among the three candidates Henry TANG, LEUNG Chun-ying and Albert HO, the popularity or votes of Mr Albert HO were not high from the start. Hence, the Government, the Central Government or members of the pro-establishment camp need not be LEGISLATIVE COUNCIL ─ 1 February 2013 6329 over-worried. The Hong Kong public is very "smart", even if the election were conducted on a one person, one vote basis, they would not select a candidate from the democratic camp or the pan-democratic camp to "mar" the game.
On governance, I have the following views. After assuming office, the Chief Executive wished to expand "three Secretaries of Departments and 12 Policy Bureaux" into "five Secretaries of Departments and 14 Policy Bureaux" but failed, resulting in the announcement in this Policy Address the setting up of 14 councils, commissions or committees. We feel that many functions of these bodies overlap with those of the existing structure, making them redundant. Apart from wasting resources, we are most worried that they may fight for power, at a loss of which body is to make the final decision. Moreover, since so many "councils" are being established, I also hope that the Government can absorb more talents when making appointments, and not just picking the "LEUNG's fans". It would be the best if pan-democrats are also absorbed as this will improve relationship between the executive and the legislature.
MR IP KIN-YUEN (in Cantonese): President, in the Chief Executive's Question and Answer Session, Ms Emily LAU questioned LEUNG Chun-ying why the Policy Address devoted such a short treatment to constitutional development. Mr LEUNG Chun-ying replied, "We still have time".
Hearing this reply, I immediately burst into laughter. But there were tears in my laughter to be exact. When did I start to think seriously about the question of time? Let me take Members back to 1983. That year, I was Vice-President of The Hong Kong University Students' Union (HKUSU), and we issued a position statement on democracy and autonomy for Hong Kong people. This was one of the earliest statements on Hong Kong's future issued by Hong Kong students.
Exactly 30 years have passed since 1983. What was our theme 30 years ago? At that time, we inherited a theme of the student movement in the 1970s ― anti-colonialism. In the early 1980s, we held that reunification should be supported from the standpoint of nationalism, and at the same time, we should grasp the opportunity arising from the unification to put democracy into practice. That was the position announced by the HKUSU in 1983.
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We maintained that the executive and the legislature should be returned by an election based universal suffrage, that the judiciary should be independent, and that Hong Kong should be included in the territorial map of China as a much finer place than before. That year, we wrote a letter to the then Premier Mr ZHAO Ziyang. He wrote back a famous letter to the HKUSU, saying that he supported our advocacy of democracy and autonomy for Hong Kong people. Regrettably, we all know what happened to Mr ZHAO Ziyang, and what happened to Hong Kong in these 30 years.
After the passage of 30 years, Hong Kong has already reunited with the Motherland, but it has yet to see the implementation of democracy. I am of the view that democracy is actually a system that can help our society identify a mechanism for resolving problems and making decisions. In the absence of a universally accepted and recognized mechanism for handling problems and making decisions, our society will inevitably be plunged into various social conflicts.
These social conflicts are manifested, among other things, by all the rows and disputes that we may now find very annoying. But what are the root causes of the rows and disputes? The root causes are of course very complicated, but one very important root cause is that we simply do not have a sound platform for political and policy discussions. Regarding this very platform of ours, can it tackle problems satisfactorily and effectively? After becoming a Member of this Council, I have come to realize that the answer is totally negative. I simply do not think that the Legislative Council and the adjacent Government Secretariat can achieve this goal.
Therefore, when a universally recognized political system is absent and the only thing in place is a political system full of privileges and inequalities, people will be daydreaming if they hope to resolve conflicts on the basis of the latter system while insisting on its marking time. The international community has undergone many drastic changes. Our political system has no alternative but to move on, and the only question is just about how we can proceed at a more satisfactory pace. Yet, please do not forget that we have been talking about this issue for 30 years.
In this regard, Mr LEUNG Chun-ying has a constitutional duty to do the job well. The Legislative Council Election in 2016 and the next District Council LEGISLATIVE COUNCIL ─ 1 February 2013 6331
Election are honestly complicated, and they will have bearing on the Chief Executive Election in 2017. The electoral issue as a whole is indeed very complicated, and we do not have much time left. Frankly speaking, my personal expectation is very high when it comes to the undertaking regarding 2017. But I do not dare to expect too much at the same time. All hinges on whether Mr LEUNG Chun-ying, following the release of the Policy Address, can come up with a satisfactory timetable for us in the time to come.
I believe that people aspiring to democracy will definitely continue to adopt a wide range of means to fight for a democratic system and fulfil our obligation. I also hope that Mr LEUNG Chun-ying can assume his historical duty with courage and decisiveness. Thirty years have passed already. Personally, I do not mind carrying on the struggle for another 10 or 20 years, but Hong Kong as a whole will suffer in that case. Thank you.
MR KENNETH LEUNG (in Cantonese): President, over the past one year, the core values of Hong Kong have sustained unprecedented impacts. The impacts are the results of three major problems: first, corruption of high-ranking officials; second, corrupt conduct in elections; and third, suppression of freedom of the press, and of assembly.
In respect of those responsible for governance, one former Chief Executive, one former Chief Secretary for Administration and the present Chief Executive are under investigation by the Independent Commissions Against Corruption. As for public officers, there are integrity incidents involving MAK Chai-kwong, Paul CHAN and Franklin LAM.
Vote-rigging was observed in the Legislative Council Election and the District Council Election. And, there was even suspected bribery during the Chief Executive Election. First, members of an electioneering team joined a meal gathering in the presence of persons suspected to be triad members. Then, there were accusations relating to the offer of public offices in return for election support.
On human rights and freedom of the press, the arrests and prosecutions of protesters increased drastically in number. The police used pepper spray against protesters indiscriminately. Journalists encountered unreasonable hindrance when covering social incidents or activities of dignitaries. Recently, the 6332 LEGISLATIVE COUNCIL ─ 1 February 2013
Government has even taken the further step of cutting the information accessible to the public through company searches. This is an apparent and unreasonable tightening on the dissemination of information, sounding the death knell of journalistic freedom. Hong Kong's ranking in respect of freedom of the press has fallen by 40 positions, from the 18th in 2002 to the 58th in 2013.
Once there is a democratic political system in our society, people will have political channels to step into and participate in the policy-making process of the Government, and protests and marches will no longer be their only channels of political expression. The escalation of protests and marches can aptly reflect the lack of channels for genuine political involvement in our society. Apart from protest actions, people simply have no other means to pressurize the Government or express their views. If people have the channels for genuine participation and involvement in politics, it will no longer be necessary for the police to resort to high-handed tactics to deal with protesters and suppress marches and assemblies.
Hong Kong people's struggle for the implementation of a democratic system has lasted more than two decades. Their aspiration to returning Members of this Council and the Chief Executive by universal suffrage is both firm and unequivocal. Regrettably, in this Policy Address, the Government only devotes about a dozen words to this issue, saying merely that "the Government will launch a comprehensive consultation on the election methods of the Chief Executive in 2017 and the Legislative Council in 2016 and initiate the constitutional procedures at an appropriate juncture". I must express my great disappointment at and anger with the Policy Address, and I maintain that zero mark must be given to the part of the Policy Address on constitutional development.
Our society has been discussing the definition of a democratic political system for many years. I hereby urge the Government to initiate discussion on constitutional reform within this session. The position of the Professional Commons is unequivocal: we hope that the Chief Executive can be selected under a universal suffrage mechanism with a low threshold and no screening of candidates, and we also hope that all functional constituencies can be abolished as soon as possible to make way for electing all Legislative Council seats by universal suffrage.
President, I so submit.
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PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR FREDERICK FUNG (in Cantonese): President, LEUNG Chun-ying was elected Chief Executive that day. Before that, he once said that he would not run for election, even in the "nth" term. But he eventually did so. A week before he was elected, all sorts of rumours circulated, and even some members of the National Committee of the Chinese People's Political Consultative Conference said that the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region (LOCPG) and even people assigned by the Central Authorities were canvassing for him in Shenzhen and Hong Kong. The day after he was elected, he hastened to the LOCPG to thank them for their canvassing support. And, following his election, he said that he very much wanted to seek re-election in 2017.
Nevertheless, what has happened over the short span of several months or half a year or so since then? First, the many lofty views in his election manifesto have not been materialized despite his undertaking. What are the problems with his team? The problems are unauthorized building works, and fraudulent claims for civil service housing allowance, not to speak of his own integrity problem. What are the problems with his policies? There have been no achievements at all, and they are merely a carbon copy of former Chief Executive Donald TSANG's policies. On national education, the North East New Territories New Development Areas and housing, what he has shown is only his "art of doubletalk".
Many newspapers have reported his intention of seeking re-election in 2017. We are really worried as to whether he will hamper the introduction of universal suffrage in order to ensure his re-election in 2017. Will he thus introduce an undemocratic package that impedes the introduction of universal suffrage and induces the pro-democracy camp's rejection, thus dashing the hope of implementing universal suffrage in 2017? As the Chief Executive, he has the duty and power to assist Hong Kong people (especially this present generation of ours and the next) in implementing universal suffrage. However, such background of his, such aspirations of his and such strong desire of his for the office of Chief Executive may well render all of us in the pro-democracy camp unable to realize our hope of fighting for Hong Kong people's legitimate rights on 6334 LEGISLATIVE COUNCIL ─ 1 February 2013 their behalf. In the end, the label "men of guilt in history" will be stuck on us, the pro-democracy camp.
President, the principle of universal suffrage is simple. An electoral system must not and should not be tailor-made to pave the way for anyone's candidacy. By the same token, an electoral system should not be tailor-made to preclude anyone's participation and candidacy either. President, there are all sorts of rumours in the community these days. I hope that when the Secretary gives his reply later on, he can explain clearly how the Chief Executive and his governing team will assist Hong Kong people in their dealings with the Central Authorities on devising a system of universal suffrage for 2017 ― an electoral system with a low threshold and no restriction, under which both the pro-establishment camp and the opposition camp are able and equipped to take part. Thank you.
DR KWOK KA-KI (in Cantonese): President, we are deeply worried about the various predicaments faced by Hong Kong today. In fact, all these predicaments should never have occurred in the very first place.
During the Chief Executive Election and even the Legislative Council Election last year, we witnessed how the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region sought to exert its influence through different channels. The response of the public was very clear. Despite all the fatigue, they still chose to queue up for hours just to cast blank votes. Before the new Chief Executive took office, though soaked to the skin, people still stood forward to cast their votes of no confidence in the absurd electoral system presently in place.
Since the promulgation of the Basic Law in 1990, the Government has never demonstrated any genuine sincerity in establishing a fair system of universal suffrage for Hong Kong people as promised in Article 45 and Article 68 of the Basic Law. Members may recall that when direct elections were held in Hong Kong for the first time, Taiwan was still having its "Non-reelection Congress", and it was not until 1992 that elections were held to return members of the Legislative Yuan. But today, Taiwan is the only Chinese society which is able to return both the President and members of the Legislative Yuan by direct elections. Having seen all this, Hong Kong people are certainly very sorrowful.
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A number of Honourable colleagues have commented that what has given rise to such chaos is nothing but the holding of elections. Well, do they mean that we should degenerate into a totalitarian society, in which all Members of the Legislative Council are mere "voting machines" or "hand-raising machines"? They will then feel happy and peaceful, right? Well, they will be happy because there will not be any noises, no more noises as in the society under the control of the Central Government, where there is always a "silencer" for everything. However, such silence will only do harm to Hong Kong.
Hong Kong owes its very survival to its corruption-free systems and institutions, freedom of the press, clean elections, freedom of speech, sound judicial system and so on. However, many past happenings have impacted the very room on which our survival depends. Regarding the judicial system, Mr Kemal BOKHARY, a retired judge of the Court of Final Appeal, has already made some remarks, so I am not going to make any repetition here. And, the implementation of dual universal suffrage also appears to be a distant dream.
As the saying goes, a knot is best undone by the one who knotted it. In regard to how we can implement universal suffrage for the election of the Chief Executive in 2017 and all Members of this Council in 2020, the Policy Address does not mention anything at all. This will only do harm to Hong Kong's political system and causes the greatest impediment to its progress. If the Government remains so stubborn and continues to hinder the further improvement and progress of Hong Kong's political system, the culprit (The buzzer sounded) …… would be the incumbent Government.
I so submit. Thank you, President.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR DENNIS KWOK: President, I remember that when the Chief Executive running for office, he said time and time again about the importance of the rule of law of our legal system. He said time and time again that these were the core values of Hong Kong people. Again, in this Policy Address, a few empty words about the importance of the rule of law and the core values of Hong Kong people were said. We hear his empty words and emptier promises in this Policy 6336 LEGISLATIVE COUNCIL ─ 1 February 2013
Address. There is nothing on safeguarding the rule of law, nothing but empty words; nothing on legal aid expansion; nothing on independent legal aid authority; nothing on providing better access to courts; nothing on strengthening our legal system, nothing on providing more resources and support to the Judiciary, nothing on how we can cut down court waiting times and nothing on better protection of human rights.
President, if there are emptier words or emptier promises, they are here in this Policy Address which has nothing but a fake promise which resonates with the Chief Executive election campaign's pledge. His first Policy Address offers nothing on any of these core values. President, if there are more important things that we need to safeguard, it is of course the rule of law and an independent judiciary, yet this Administration's attitude on safeguarding the rule of law can be described in three words: weak, weak, weak. Justice cannot be upheld if citizens do not have access to it. That is why free and equal access to courts has always been a key element in the rule of law. I need not remind the Secretary for Justice. Legal aid is service that a modern state owes to citizens who cannot afford private legal services.
The current provision of legal aid services is administered not by an independent legal aid authority but by the Legal Aid Department (LAD) under the Home Affairs Bureau. The profession has said time and time again that this arrangement is totally unsatisfactory. Difficulties arise in situations of direct conflict of interest. The conflict issue is not just a theoretical one. Evidence shows that the LAD has not fared well under the Home Affairs Bureau. Whilst the LAD and the Department of Justice (DoJ) had comparable budgets of around $500 million and $600 million per year in the 20 years before 1997, the LAD's budget had been effectively static since then, hovering in around $700 million to $800 million per year, and that of the DoJ has increased by more than double to over $1.3 billion per year. Both the Law Society of Hong Kong and the Hong Kong Bar Association have reported that the LAD has become more bureaucratic and less customer-friendly in recent years in handling legal aid applications. Clients have complained that legal aid officials now seem more interested in administrative compliance than in accomplishing the Department's mission of assisting those in need. Combined with the miserably low financial eligibility limits that do not even keep up with inflation, the decline in legal aid has resulted in an unacceptable high number of unrepresented litigants in our local courts. LEGISLATIVE COUNCIL ─ 1 February 2013 6337
Currently, more than one-third of all cases have unrepresented litigants. This of course has a negative impact on the proper administration of justice in Hong Kong, creating a huge burden on judicial resources and judges.
When the Legal Aid Services Council (LASC) was first established in 1996 to oversee the LAD, it was seen as an interim measure. Experience shows that the Council does not have enough resources and the necessary statutory power to act effectively. It cannot manage the LAD properly and adequately without any legally trained and independent research staff of its own. The LAD is supposed to look to the LASC for policy leadership, but that is in reality impossible when the Home Affairs Bureau is calling the shots. With the attitude of complacency and inertia prevailing in the Home Affairs Bureau and no one in the LAD tasked to look into reform and improvement of services, it is hardly a surprise that legal aid reforms so far have been piecemeal and ineffective.
During its election campaign, the Chief Executive reassured Hong Kong people that he would do his best to promote the rule of law during his term ― well, we know what has happened to that. The golden opportunity for this Administration to show its commitment on the rule of law is by establishing a LAD that is independent and of expanding the scope of legal aid, which had been called upon by the President of the Law Society of Hong Kong and the Chairman of the Hong Kong Bar Association in recent speeches, but that has not been done. Most important of all, in this Policy Address, is that: by looking at the rule of law and our legal system simply as a business and professional services, we are missing an important point about the rule of law and the values that come with the rule of law.
I can do no better by referring to the Chief Justice's speech this year in the opening of the Legal Year. He reminded us the importance of the rule of law in two facets, one is of transparency, and the second is of reasoning. The judicial process in Hong Kong is a transparent and open process. Courts, in as much as possible, are open to the public; members are free to attend to see how Judges do their work and whether they are doing it fairly and rightly, it is there to see.
The second facet of the judicial process that we have is that of the reasoning of Judges. The reasoning is the epitome of the rule of law. The reasoning given by Judges is how we see, how we weigh and how we assess whether the Courts are doing their job; and whether the reason convinces us is the 6338 LEGISLATIVE COUNCIL ─ 1 February 2013 barometer of the quality of our judicial standard. Those are the reasons why Hong Kong people do not trust the interpretation of the Basic Law by the Standing Committee of the National People's Congress. Those are the reasons why Hong Kong people cannot accept a political body without transparency and without adequate reasoning interpreting the sacred provisions of the Basic Law which sets out the framework of "one country, two systems", a framework and a constitution that we help craft. Reasoning is what we expect from Judges. By withholding adequate resources and support to the Judiciary and Judges when they perform their jobs in Courts, we are taking away time and energy that Judges can have and spend in providing the reasoning of their judgments to members of the public, and thereby we are weakening the very foundation of the rule of law.
Yet, this Administration continues its course without any promises or any policy commitments in giving the Judiciary more resources and more support so that Judges can focus more of their energy on deciding cases, providing their reasons to public and of improving the quality of the legal system in Hong Kong. The legal system is not simply there to serve the business or simply there to boost our economic and GDP. It is there to serve the people and is there to represent the core values of Hong Kong people. Yet, this Administration has nothing but empty words to offer.
Finally, President, the word about democratic development, which again is: nothing. We know that in the long run, a democratic system is the basic safeguard, or the last safeguard, for the rule of law and the independence of the Judiciary, because it is ingrained in the democratic values of Hong Kong people that we are to have an independent Judiciary and that the rule of law goes hand in hand with democratic aspiration. Without democratic development taking forward and proper democratic reform, we cannot guarantee and we cannot safeguard the independence of the Judiciary and the legal system. Yet, the Government is silent, nothing is said in the Policy Address, on these issues.
President, I am to sit down with a heavy heart hoping that the officials sitting across me will take the rule of law to heart. We really cannot sit and allow the foundation of the rule of law to be weakened and unfixed while under our guard. These words I hope would resonate not only in this Chamber but in the community. We really need to do more for the rule of law in Hong Kong. President, if we do not take this opportunity to strengthen the rule of law, we stand to lose out not only our position, our unique position under "one country, LEGISLATIVE COUNCIL ─ 1 February 2013 6339 two systems", but also the next generation will be sad to see that we are the ones who have allowed the foundation of the rule of law to be broken and unfixed.
President, I so submit. Thank you.
MR IP KWOK-HIM (in Cantonese): President, as pointed out by the Chief Executive in the Policy Address, the Government has decided to abolish all remaining appointed District Council (DC) seats in one single move starting from the fifth-term DCs. The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) agrees to this move. However, we must also admit that many appointed DC members have been participating in DC affairs with the heart of serving Hong Kong people and contributing to the good of local communities.
With respect to the criteria of appointing DC members, the Government has all along been making appointments based on prospective appointees' experience in serving the community, their career backgrounds, the needs of local communities, and the perspective of society's overall interests. It can thus be seen that appointed DC members are not only competent, but are also able to represent the interests as well as opinions of different social strata and sectors in their role of assisting DCs in discharging their functions.
On the other hand, the DAB is of the view that while abolishing appointed DC seats, we must also pay attention to the impacts. In particular, will the normal operation of any individual DCs be affected by the reduction of DC membership following the abolition of appointed DC seats? In the case of Wan Chai DC, for example, after abolishing the two appointed DC seats, only 11 elected DC members will be left to serve more than 160 000 local residents and a mobile population of 600 000 people. When there are too few DC members, the operation of DCs and the quality of community services will both be affected.
Besides, in some cases, due to past district development, the districts concerned have experienced continuous demographic and spatial expansion. As a result, the membership sizes and jurisdictions of their DCs are larger than others. This may have a bearing on the quality of how such DCs deal with various matters. The present Kwun Tong DC, Sha Tin DC and Eastern DC are all "super" DCs. The Eastern District, with which I am more familiar, is a case in point. There, precisely because the district development I mentioned just now 6340 LEGISLATIVE COUNCIL ─ 1 February 2013 has been going on in places such as Siu Sai Wan and Chai Wan, the District has witnessed both demographic and spatial expansion. The Eastern DC now serves a population of 580 000 people as a result. The big contrast between the two DCs I have referred to ― the Wan Chai DC and the Eastern DC, which are both on Hong Kong Island ― shows the necessity to review the existing DC delineation.
Furthermore, several large development projects will bring about substantial population growth in the time ahead. It is estimated that the Kai Tak New Development Area will bring about 86 000 people, while the development at Anderson Road will bring about more than 70 000 people. Which nearby administrative districts should provide the new residents with the required community services? Or, should new administrative districts be set up to take up this responsibility? Such questions all require the authorities to conduct consultation and formulate planning as soon as possible.
I therefore urge that when reviewing the number of seats in the fifth-term DCs, the authorities should also consider a fresh review of the boundaries of the 18 DCs and adjust their very uneven delineation of boundaries and population distribution on the basis of demographic projection, so that more reasonable arrangements can be drawn up for the final delineation of district boundaries and distribution of population.
President, the mass media sector has recently expressed very grave concern about a piece of subsidiary legislation under the Companies Ordinance that seeks to bar public access to certain personal particulars of company directors in company searches, including residential addresses and identity card numbers. The authorities also plan to protect vehicle owners' privacy, and consideration is being given to forbidding public access to vehicle owners' personal particulars in vehicle licence searches. All such changes are dismissed as impingement on freedom of the press and the right of the public to know.
With social development and a rising awareness of personal rights and interests, Hong Kong people's demand for the further protection of personal privacy is no longer a problem that can be disregarded. In 2010, the transfer by the Octopus Card Limited (OCL) of some 2 million users' personal data (including names, sexes, identity card numbers and a detailed list containing users' shopping records at certain shops) to third parties in return for a profit of LEGISLATIVE COUNCIL ─ 1 February 2013 6341 some $40 million was brought to light and led to severe condemnation by various social sectors and people in Hong Kong. This transfer of personal data by OCL has exposed the inadequate protection of people's privacy under the legislation and systems of Hong Kong, thus inducing demands for reviewing the various existing measures and laws.
The DAB believes that the original intent of amending the Companies Ordinance is to protect the personal privacy of some 1 million existing or former company directors in Hong Kong, and that as far as possible, the amendments have already struck a proper balance between the right of the public to know and personal data protection. The DAB therefore hopes that the various social sectors can weigh the pros and cons, bear in mind people's needs and conduct serious discussions, so as to forge a maximum social consensus.
President, the Basic Law has been in force in Hong Kong for more than 10 years, but when it comes to the work of promoting the correct interpretation of "one country, two systems" and the Basic Law, the authorities must still need to make many improvements, because any erroneous interpretation of the Basic Law, and more seriously, any individual persons' attempts to distort the Basic Law or interpret it out of context will all entail dangerous consequences.
There was one recent meeting, at which the police consulted a DC on the arrangements for large-scale public gatherings. In the process, a Legislative Council Member now present in this Chamber even went so far as to cite Article 97 of the Basic Law on the powers of District Councils, arguing unreasonably that the responsibility of DCs was confined to providing services in such fields as culture, recreation and environmental sanitation, and totally brushing aside the Basic Law provision that DCs are to be consulted by the Government of the Region on district administration and other affairs. This Member even went on to express his suspicion that the move of the police to consult the DC on public assemblies or processions was in contravention of the Basic Law.
The DAB is of the view that whatever the case may be ― whether this Legislative Council Member's words were intentional, and whether they were only an erroneous interpretation of the Basic Law provisions on the functions of DCs ― his argument will have the objective effect of seriously affecting and misleading many people. In order to avoid the continuation of any such 6342 LEGISLATIVE COUNCIL ─ 1 February 2013 erroneous interpretation, I hope that the Administration can step up its efforts to uphold the Basic Law, implement "one country, two systems", and foster the correct interpretation of the Basic Law, so that all people, including some Legislative Council Members, can understand and know the Basic Law fully and correctly.
President, in the following part of my speech, I wish to talk about parallel trading, an issue of grave social concern these days.
The problem of parallel trading has actually been plaguing North District residents for many years. The so-called "Operation Liberation" targeted on parallel traders and instigated by some netizens, together with the "formula milk shortage" these days, have eventually turned this problem into a focus of attention in society. I know that the Government has just held a press conference on the "formula milk shortage" and announced a series of measures.
As a matter of fact, parallel trading is no longer a mere local problem but has become a territory-wide headache, because parallel trading activities have already spread from the North District to many other districts along the East Rail Line. Parallel trading activities are found not only in Tseung Kwan O and Kwun Tong but also in districts as remote as Tung Chung.
Parallel trading activities have greatly impacted the daily life of people, especially North District residents. The DAB is very concerned about and aware of this point. We have made many efforts to follow up the problem, including attempts to reflect this problem to the SAR Government and the Shenzhen customs authorities, and also a request for more rigorous enforcement at boundary crossings of the two places, so as to combat parallel trading activities.
Last Sunday, in Mong Kok, there was an action under the so-called "Operation Liberation", during which some protesters crowded around passengers with large luggage outside an MTR station exit and took forcible measurements of their luggage. These protesters also staged protests outside chain grocery stores and insulted people suspected to be parallel traders from the Mainland by calling them "parallel trading thieves" and "Chinese hogs". The DAB maintains that such extreme actions cannot possibly resolve the problem of parallel trading; not only this, they will even tarnish Hong Kong people's reputation and image as LEGISLATIVE COUNCIL ─ 1 February 2013 6343 sensible and peaceful people, and such actions should be condemned by society. On the other hand, however, this incident has brought up one question: why has people's reaction to the problem of parallel trading turned increasingly extreme?
In fact, the incident is an indication of people's growing discontent with the effectiveness of the authorities' attempts to combat parallel traders. Secretary for Security LAI Tung-kwok has time and again emphasized that target-specific combat operations will continue to be launched. But there is only a very small number of successful prosecutions in connection with the "Windsand" and "Realpower" operations jointly launched by various enforcement departments, despite the arrest of several hundred parallel traders from the Mainland. Most of the arrested persons were eventually released unconditionally. This explains why people have gradually lost their patience in regard to the authorities' ability to effectively tackle the impacts brought by parallel traders on their daily life.
Secretary LAI Tung-kwok has repeatedly said that their combat operations have borne some fruit. But North District residents simply do not see it that way at all. Two days ago, at one point, nearly 1 000 parallel traders were found outside Sheung Shui MTR Station, and both the inside and outside of Sheung Shui MTR Station were thus crammed with people. The combat operations of enforcement departments have only driven parallel traders from Sheung Shui to Fan Ling, turning the latter into another hard-hit area beside the former. Since combat operations have failed to successfully tackle the problem, the authorities must identify other solutions besides launching combat operations. One possibility is to adopt an administrative measure and adjust the entry policy, so as to turn away visitors who enter Hong Kong several times a day for parallel trading.
In the Fifth Session of the Fifth People's Congress of Shenzhen Municipality held recently, the participants discussed in detail the problem of parallel traders shuttling between Shenzhen and Hong Kong for smuggling goods. Mr WANG Xueli, concurrently Director of Huanggang Customs House and a deputy to the People's Congress of Shenzhen Municipality, said that the customs authorities were examining the installation of an automatic flashing system at various boundary crossings for the purpose of enabling customs officers to detect and deal sternly with parallel traders with records of frequent travels between Shenzhen and Hong Kong within one single day. The DAB supports this 6344 LEGISLATIVE COUNCIL ─ 1 February 2013 initiative, thinking that it can effectively clamp down on parallel trading activities.
There are also calls in society for abolishing the "multiple entry permits" policy. The DAB is of the view that the abolition of the "multiple entry permits" policy will hinder normal contacts between Chinese and Hong Kong residents. The DAB's stance is against the abolition of the "multiple entry permits" policy, but we are prepared to consider the addition of certain conditions to the policy, such as "one trip per day", and conduct further studies in this regard, so as to ascertain whether doing so can achieve our desired objectives.
President, I wish to put forth the DAB's views on district administration in the following part of my speech.
"District issues for districts to resolve; district opportunities for districts to grasp" is a new district administration concept that the Chief Executive stresses. All along, DCs have been important partners of the SAR Government in district administration. Based in local districts, DC members are most familiar with and well-informed on district affairs and residents' views, and they are thus the key persons in building a harmonious and vibrant community. For these reasons, DCs have been putting forth positive and constructive views on district and even territory-wide issues, making important contributions to local communities.
Looking back at the past, we see that the Government has never stopped enhancing DCs' management functions in district administration. DCs have been allowed to play and perform a more important role in providing a better living environment to their communities and people. This is precisely an important objective of the SAR Government in the course of implementing district administration over all these years.
The facts are that since the implementation of the District Minor Works Programme by the previous-term DCs, a total of more than 2 000 minor works projects have been carried out in the 18 districts of Hong Kong over the past four years, covering various works projects as large as a ball game ground or as small as a roadside seat. The construction of all such facilities has won the approval of local residents and community figures, as the facilities are of real benefit to local communities and able to meet the needs of local residents. Therefore, after hearing the proposal of the Policy Address on earmarking $100 million for each LEGISLATIVE COUNCIL ─ 1 February 2013 6345 district on top of district minor works provisions to enable DCs to implement works projects and activities deemed to be necessary by everybody and to increase the resources for community construction purposes, I naturally give my applause and commendation. Provided that the funding is used properly, all Hong Kong people, including Members, will surely benefit.
However, since the announcement of this funding proposal, many people ― even Members ― have expressed concerns and doubts that such works projects may just be "white elephants" or image projects, and that they may end up wasting taxpayers' money rather than becoming any "bright spots" of local communities. However, I am convinced that any works project proposals which can be put before a DC, and which have even been upgraded for accelerated commencement, must be solidly supported by the public opinions and sensibilities gauged by DC members and also conducive to improving the community environment and furthering people's well-being in one way or another. At this very time when nothing has been finalized and no works have commenced, I am afraid that if one already looks at such projects through "tinted glasses" and even puts negative labels on them, we will only get half the desired result with twice the effort when taking forward and implementing such projects in the future. This is not anything people wish to see, nor something of benefit to the people.
However, there is another thing that merits our concern. For too long, the manpower shortage faced by DC Secretariats has been the key factor that hinders the implementation of works projects. The Government must squarely address this problem. I hope that appropriate manpower resources can be arranged in the next DC session, so that works implementation and DC work can both proceed more smoothly. That way, it will be possible to utilize the additional provisions more satisfactorily and satisfy the wants and needs of residents.
President, as I said a moment ago, DC members constitute an important segment of district administration. As the saying goes, "An army marches on its stomach." As the representative of the DC functional constituency in the Legislative Council, I have been repeating the same view in the policy address and Budget debates year after year. I have been urging that the Government must attach importance to DC members' insufficient resource support. Nevertheless, the Government has all along failed to follow up all such matters 6346 LEGISLATIVE COUNCIL ─ 1 February 2013 satisfactorily, thus seriously affecting the quality of services provided by DC members to the public.
In the present high-rent market environment, ward offices are an indispensable requisite for the provision of services by DC members. However, as we can see these days, if DC members do not want to set up their ward offices in public housing estates, they will find that the Operating Expenses Allowance (OEA) they receive may not even be sufficient for them to rent a shop in a shopping arcade. Even if it is enough, I am afraid that the floor area will just be large enough to accommodate a desk and a chair, with literally everything in view at a glance. Recently, we were pleased to have the company of Secretary Raymond TAM in a site visit. Many Members present today are concurrently DC members, so they should all understand the difficulties involved.
Therefore, putting aside the question of whether the existing operational funding is enough for recruiting quality people as full-time DC members, there is still the problem that while DC members have barely enough to meet all sorts of basic operating expenses incurred by their ward offices, they must still make Mandatory Provident Fund contributions for their staff. Many DC members have expressed strong views in this regard, in the hope that the Government can give thoughts to this situation. My hope is that while having to serve the public, DC members do not need to spend their own money due to the insufficient allowances at present.
The Chief Executive states in black and white in paragraph 192 of the Policy Address (I quote): "We will also review the allowance and expense reimbursement arrangements for DC members as appropriate, including the arrangements of renting premises for ward offices" (End of quote). This is really good news, as we can finally feel the Government's care about DC members.
I hope that the Government can take concrete actions as soon as possible rather than paying mere lip-service. Apart from adjusting DC members' remuneration and OEA according to inflation rates, the Government should seriously consider the allocation of additional resources for the purpose of increasing the OEA for meeting the overall operating expenses of ward offices, so as to alleviate the difficulties faced by DC members at present and truly "share DC members' urgent concern".
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And, in the long run, the Government should consider the introduction of a dedicated rental allowance applicable to DC members' ward offices. An accountable allowance of $4,000 should be provided in cases where the rents of ward offices exceed $6,000, so as to supplement the expenses of ward offices set up by DC members outside public housing estates.
President, another point is about DC members' desire for increasing their exposure and learning from the experience of others. Therefore, participating in overseas visits for widening their horizons and learning from the administrative and operational experience of other legislatures is also an important need of DC members.
(THE PRESIDENT'S DEPUTY, MR ANDREW LEUNG, took the Chair)
As far as I know, at present, all overseas visits of DCs (including official visits and fact-finding tours) are conducted with government assistance. However, DC members must very often make their own arrangements for meeting the expenses arising from such activities. The DAB hopes that the Government can seriously consider the problems in this regard. Legislative Council Members are entitled to an overseas visit allowance. If there can be a similar arrangement for DC members in line with the existing practice of the Legislative Council, or to be precise, if DC members can receive a one-off overseas visit allowance during their term of office for participating in the official overseas exchanges arranged by the Government, it will be possible to upgrade their competence in political and policy discussions.
I so submit. Thank you, Deputy President.
DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR RONNY TONG (in Cantonese): Deputy President, as far as my memory goes, in the policy addresses of successive Chief Executives since the reunification, there were invariably some paragraphs on the executive-legislature relationship, no matter how poorly this relationship was faring. Deputy 6348 LEGISLATIVE COUNCIL ─ 1 February 2013
President, why were such paragraphs still included even though they all lacked any substance? This is because under our political system, the relationship between the executive and the legislature is very important. The inclusion of such paragraphs served to show the then Chief Executive's understanding of the importance of this relationship, and to alert himself to the need for making efforts on this relationship in the course of governance. Strangely enough, Deputy President, in the maiden Policy Address of the current Chief Executive, LEUNG Chun-ying, we simply cannot find any paragraphs on the relationship between the executive and the legislature in his five-year vision.
Deputy President, I think there are several possible reasons for this. One possibility is that he forgot all about this, having to "fly here and there". Well, it is true that one may indeed forget many things, but in the present case, I think the possibility is low. He is supported by so many people, such as the Secretaries of Departments, Directors of Bureaux and political assistants, who are each paid several hundred thousand dollars a month. And, there are so many Permanent Secretaries to render assistance. How can it be possible that not even one of these people could remember to remind the Chief Executive that there was something called the relationship between the executive and the legislature? I simply do not believe that.
The second reason might be LEUNG Chun-ying's judgment that the relationship was already past redemption, and it would be a waste of time to say anything at all. As a result, he gave up totally. Well, I suppose this might also be possible. However, why did he conclude right at the beginning that the relationship was past redemption and thus decide to give up totally? We are talking about five years. Does the Chief Executive think that even with a period of five years, he will not be able to do anything to improve this relationship? I find this inconceivable.
What other possible reasons are left? The only explanation is his determination to be confrontational. He may think that he does not need to listen to us because he has power, because he is backed by the "royalists", and because he and the Legislative Council are rivals. He may therefore see no need to talk about the relationship between the executive and the legislature here. In a word, he simply wants to be downright confrontational. This is actually traceable. Honourable Members may remember how SHIU Sin-por, Head of the Central Policy Unit, once said that the Government must not always be so passive LEGISLATIVE COUNCIL ─ 1 February 2013 6349 but must fight back instead. LEUNG Chun-ying himself once also asked people to "shout at them" and point out their mistakes.
Deputy President, that this Chief Executive already thought that way on the very first day of his office is frankly very deplorable under the present political system. Deputy President, since LEUNG Chun-ying became Chief Executive, we have been able to see him on one occasion only ― in spite of all those talks about how ready he is to dine and have tea with us. That only occasion was a meeting during the consultation period of the Policy Address. Actually, that day, I made it a point to remind him that while it was indeed true that the democratic camp was critical of him, he must realize that under our political system, the executive and the legislature must regulate each other. I went on to say that criticizing the Government was Members' intrinsic duty, and accepting criticisms was the Chief Executive's intrinsic duty. My point was actually very simple; I only hoped that he would have no hard feeling and accept the situation. But, how did LEUNG Chun-ying reply? He said: "No, Ronny TONG, you are mistaken. The executive and the legislature must co-ordinate their activities." I asked him for the basis of his argument. But he could not give any answer. I subsequently wrote an email to him directly, quoting JI Pengfei's explanation on the principle adopted by the People's Republic of China as set out in an Instrument of the Basic Law booklet: To maintain Hong Kong's stability and administrative efficiency, the Chief Executive must have real power which, at the same time, should be subject to some restrictions. It is said here that he should be subject to some restrictions. As for LEUNG Chun-ying's email reply, I do not think it is appropriate for me to say too much here. I can only say that he failed to convince me.
Deputy President, that the executive and the legislature should regulate each other and the Chief Executive should be subject to some restrictions is already clearly set out in many provisions of the Basic Law. Article 52 clearly provides that the Chief Executive must resign when, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative Council again passes the original bill in dispute, but he or she still refuses to sign it; and when, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Council still refuses to pass the original bill in dispute. Article 64 clearly provides that the executive must be accountable to the Legislative Council. Article 73 also clearly sets out an impeachment mechanism. In other words, Legislative 6350 LEGISLATIVE COUNCIL ─ 1 February 2013
Council Members must regulate the Government. How to regulate? If we do not criticize the Chief Executive at the Legislative Council, if we do not raise different views at the Legislative Council, if we do not point out his inadequacies during the debate on the Policy Address, how can we regulate the Government? If the Chief Executive does not accept this situation and simply ignores the executive-legislature relationship, thus omitting it in the Policy Address, he is in total contravention of the fundamental spirit of the Basic Law. Seeing such a Chief Executive, I frankly do not know what more I should say.
DR PRISCILLA LEUNG (in Cantonese): Deputy President, in September 2006, I had a discussion with several academics in the Commission on Strategic Development (CSD), and Raymond TAM, now a Director of Bureau, should also be present. In our discussion on constitutional reform, I proposed a three-step mechanism. The first step involves expanding the basis of functional constituencies (FCs). This should be followed by the second step, the introduction of "one person, two votes". Under the principle of gradual and orderly progress and with due consideration to Hong Kong's actual situation, if "one person, two votes" can be implemented without a hitch, the introduction of "one person, 31 votes" can then be considered for the third stage. At the time, the 70-seat electoral package had not yet come to into being.
I suppose when I proposed the idea of "one person, 31 votes", everybody surely treated it as my wild imagination. This was also the case when I mentioned "one person, two votes". I can recall that I had a debate with Mr LEE Wing-tat on Cable TV, and he expressed strong opposition to "one person, two votes".
What is my point of mentioning the above process of discussion? The reason is that this "one person, two votes" proposal, subsequently modified on the basis of an improved version from the Democratic Party, was eventually passed with 46 votes in 2010 after a process of compromise among all of us. Along the thinking of several academics at the time, I would call the present "one person, two votes" package a "Transformer" version, because our original "two votes" idea was to give every member of the public an opportunity to select one FC. It frankly never occurred to us that the five additional FC seats would all be allocated to the FC of District Councils.
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Of course, that was a new attempt. All of us invariably looked very intently at how people would familiarize themselves with the voting mechanism for some 3 million electors that emerged from this super constituency. In a way, this could be taken as a process towards maturity.
With "one person, 31 votes", or "one person, 36 votes" ― now that there are 70 seats in the Legislative Council ― every person will have the opportunity to select one …… Since there are so many FCs, people may already have the opportunity to vote in every FC even before the full-scale implementation of universal suffrage. Apart from voting in a direct election, a person will also be able to vote in all FCs. The first time when we hear this proposal, we may think that since there are so many votes to cast, this will be quite an impossible task for members of the public. However, on the day of the discussion, we all looked at the experience of certain European countries, and we came to realize that if electors are mature enough, they will be able to make it. Also, such FC elections will in fact be more demanding than direct elections. I already raised this point that day. Why?
In the normal case of direct elections, electors in every geographical constituency will each cast their own votes. Things are therefore very clear. However, if one is to contest as a FC candidate, one must first qualify as a candidate in the FC one belongs to. This means that one must first pass the test of one's own FC. Following this, one must tackle the direct election for all FC candidates. As a candidate, a person must be well-known and very competent. To a certain extent, such a person can already run in the direct election of a geographical constituency.
What is the point of designing this process? For Hong Kong's constitutional system to move forward, a proposal must be endorsed by the Chief Executive as well as a two-thirds majority of all the Members of this Council, and then submitted to the Standing Committee of the National People's Congress for the record. This is a political reality that every Member knows clearly. In fact, I think that if everybody is only prepared to consider his or her own proposal ― some Members, for example, advocate a one-step-to-destination approach ― we will only mark time on the issue of constitutional reform. The reason is that in the circumstances of today, a forward step in respect of constitutional reform can be possible only with the approval of more than 47 Members. Therefore, I believe that if all of us are neither prepared to compromise nor willing to 6352 LEGISLATIVE COUNCIL ─ 1 February 2013 negotiate and no one can thus materialize the ideal package in his or her mind, the possibility of marking time will be very high.
Hence, I wish to emphasize once again that all the proposals we have conceived are aimed at eliciting valuable ideas in return. We also hope that FC Members and directly-elected Members can both give some thoughts to them because for the time being or at this stage, some of the existing FCs are reluctant to see such reform. Nevertheless, in case any FCs, such as the FCs of education and accounting, are ready by now ― we do hear views from them more often than others ― they may attempt the first move. My point is that things must somehow get started in a gradual and orderly manner and perhaps on a pilot basis. Can this be possible? When I was speaking just now, some FC Members, such as Mr Kenneth LEUNG, showed very strong reaction. In the abovementioned meeting of the CSD that day, we also discussed the possibility of a gradual and orderly reduction of FCs. In the end, not even one single FC agreed to any gradual and orderly reduction. I understand that such agreement can never be possible because a Member representing a certain sector will not dare to cast any positive vote.
When we take these actual circumstances into consideration, we will understand that it will be very difficult to hold any discussion on constitutional reform. I think all of us must try to put ourselves in each other's shoe. What I mean is that while I myself find direct elections superb as a directly-elected Member (The buzzer sounded) …… the political reality of Hong Kong nevertheless ……
DEPUTY PRESIDENT (in Cantonese): Dr LEUNG, your speaking time is up.
DR LAM TAI-FAI (in Cantonese): Deputy President, in my judgment, Chief Executive LEUNG Chun-ying is certainly a person of outstanding calibre. He is competent, eloquent, thorough in thinking, hardworking and truly dedicated to Hong Kong. He also has the support and co-operation of an outstanding team of civil servants. Logically, his governance should be smooth and without hindrance. However, why does the SAR Government still find it so very difficult to make even one single move in its work? Why is his governing team caught in such an endless stream of troubles? Why has the Chief Executive's LEGISLATIVE COUNCIL ─ 1 February 2013 6353 popularity rating kept nosediving, with people demanding his stepping down every day? I believe that everybody is keenly interested to know the reasons.
Deputy President, suppose there were no unauthorized building works controversies, suppose the Chief Executive had no integrity problems, would his present popularity rating remain as high as the level he attained around his election success? What problems have emerged in his governance to cause the situation today?
Several lines in the Policy Address have struck me very deeply. The Chief Executive says, "We have adequate funding, sophisticated technology and feasible plans for increasing land supply. The only question is whether we can stand united with one vision." I would say these words really hit the nail on the head and can pinpoint the crux of the problem. Today, in my judgment, the relationship between the pan-democratic camp and the Government is very poor; not only this, even the pro-establishment camp is sharply divided. If this situation persists, governance will be pretty much a problem. We and the Chief Executive both understand only too well that as long as we do not stand united, the governing team will hardly be able to accomplish anything despite all its dedication and ability, in which case the Government will still have to "put out fire" every day.
Deputy President, what are the reasons for such disunity? As people also involved in the situation, we may as well do some thinking for the Chief Executive. In my view, "conquering the world" is different from "ruling the world". During the Chief Executive's election campaign, an outstanding team of people assisted him in "conquering the world", going through fire and water with him. His triumph has not come about so easily indeed. But "ruling the world" after his election success is actually an even more difficult task.
Therefore, staying on as Chief Executive is no easy task at all. It is very difficult to identify people who can help him "rule the world"; the problem of finding suitable positions for those who helped him "conquer the world" is doubly difficult, otherwise the LEW Mon-hung incident would not have occurred. So, the selection of suitable talents for taking up suitable positions and doing suitable tasks indeed requires very great knowledge and skills of governance.
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Deputy President, "ruling the world is all about choosing people". Since his election success, the Chief Executive has been talking about building a "Hong Kong camp" and "choosing people based on ability". My interpretation is that all people, whether from the "TANG camp", the "LEUNG camp", or the "HO camp", will be chosen by the Chief Executive as long as they are competent, of good conduct and willing to serve Hong Kong. In spite of this, however, many people ― particularly pan-democrats ― still criticize that even up to this moment, "LEUNG fans" are still seen moving all around, and the presence of a "shadow government" is felt everywhere. A good example is Mr Michael CHOI, who frequently airs his views in public, expressing stances exactly opposite to those of Paul CHAN and Anthony CHEUNG. So, I really hope that the Chief Executive can look into this phenomenon, otherwise the goal of achieving the unity and cohesion of all camps will only become more distant. In that case, I believe the Central Authorities will likewise worry about him.
Deputy President, speaking of choosing people based on ability, I must say that besides Chief Secretary Carrie LAM, Secretary for Food and Health Dr KO Wing-man is also able to offer real help to the Government. Although he is just a "greenhorn" in the Government, he enjoys very high popularity. His competence is evident to all, and he has never brought any headache to the Government. From this, we can see that the Chief Executive does have the acumen required for choosing good people. But the problem is that it is not so easy to find another person as competent as KO Wing-man for appointment as a Bureau Director. LAU Kong-wah is present here today. He is competent. Let us observe how he performs. I hope that he can be of help to the Government.
Deputy President, I recall that some 10 years ago, I once led a fact-finding delegation to Inner Mongolia, where we visited an enterprise. The person in charge over there shared with me his personal experience of choosing people. His words have benefited me immensely for the rest of time ever since. His motto reads: "no acceptance at all times in the case of an incompetent knave; exceptional acceptance in the case of a competent man of honour; nurturing before acceptance in the case of an incompetent man of honour; qualified acceptance in the case of a competent knave". In my view, if the Chief Executive can deal with personnel matters satisfactorily, seek talents far and wide, appoint them to the right positions, and identify several more people like Secretary Dr KO Wing-man to offer help, then he will be able to govern more LEGISLATIVE COUNCIL ─ 1 February 2013 6355 smoothly in the way he prefers. In this way, we will be able to improve the relationship between the executive and the legislature, thus ridding the Chamber of all the daily "tugs-of-war and fighting on the ring".
Deputy President, I very much appreciate the Chief Executive's patience in listening to people's views. But some people fear that his patience may be mere pretence and he may in fact be biased, willing to heed the opinions of his supporters only. People thus fear that "building a Hong Kong camp" may be reduced to a mere slogan. The Chief Executive must prove his sincerity with actions, so as to allay people's anxieties. If the Chief Executive can adjust his mindset, put side his ego and discard his preconceptions, and suppose everybody can likewise put aside their differences, then it will be possible to dismantle this wall in society, and everybody will be able to unite and strive for the development of Hong Kong with one heart.
Deputy President, Tao De Ching says, "The Master has no mind of her own. She works with the mind of the people. She is good to people who are good. She is also good to people who aren't good. This is true goodness. She trusts people who are trustworthy. She also trusts people who aren't trustworthy. This is true trust." Therefore, as a leader, he should remember that he should always accept and accommodate with the greatest breadth of mind and sincerity all people who give him advice, regardless of how they are related to him and whether they are his supporters. The most important thing is that he knows whether their views are conducive to Hong Kong's development.
Deputy President, if the Chief Executive wants different political parties, civil servants and all other stakeholders to join hands to assist him and his administration, he certainly cannot depend on the "verbal support" or "blessings" of the Central Authorities, or just wait idly for their voluntary support. Instead, the Chief Executive should adopt a proactive and positive attitude, and conceive ways to bring about the unity and cohesion of these people, in the hope that they will offer him advice and share his worries. As for the approach to be taken, it will all depend on the Chief Executive's wisdom and breadth of mind. He may of course brandish the stick, or he may offer the carrot. He may win their support by setting a good example, or he may seek to convince them by reasoning. In any case, the question of which approach is useful or effective must best be left to himself.
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Deputy President, the Chief Executive likes to say "roll out policies once they are ready". But everybody can observe that in the past several months, many policies were hastily rolled out without thorough consultation and mooting beforehand. An example is the Financial Services Development Council. Therefore, I hope the Chief Executive can understand that in some cases, "delivery" must be preceded by a "10-month gestation period"; otherwise, policies "prematurely delivered" can hardly survive and develop in many cases.
Deputy President, young people are the future masters of our society. But these days, I can sense very strongly that young people and the Government are drifting farther and farther apart, and young people have lost confidence in the new Government completely. Why is the relationship between the two sides so poor? In my view, all is probably due to the genuine lack of satisfactory communication channels and mutual trust.
There are separate platforms for the Legislative Council and the media to reflect views and express demands. But young people lack any proper channels or opportunities to voice their views or discontent. In that case, what will they do? They will express their views through the Internet, or resort to means that the Government does not want to see, such as protests, demonstrations and chanting slogans in the streets, and even hunger strikes, in order to say "no" to the Government.
We also saw that at the height of the controversy over national education, Joshua WONG refused to shake hands with the Chief Executive in front of the camera. I believe this scene is still vivid in people's memories. But let us not forget that there were still more than 10 000 students who hastened to join the street protests after school. Putting aside the question of whether this issue is controversial, I must still ask why such a huge gap is found in the relationship between the Chief Executive and public officers on the one hand and young people on the other. I think that the Government must think about this question carefully.
Deputy President, true, the Government has set up the Commission on Youth, but then most of its members are in fact middle-aged people, children of the rich and children of high-ranking government officials. It looks like the Government has disregarded young people from the lower strata, many of whom must repay student loans after graduation and do not have the means to buy LEGISLATIVE COUNCIL ─ 1 February 2013 6357 exorbitant properties by instalment. The Policy Address lacks any policies whatsoever on assisting these disadvantaged young people in achieving upward mobility. If young people lack a sense of involvement and a sense of recognition in society, but instead feel overlooked or abandoned, they will easily go to the extreme or act radically.
Obviously, in our society today, we can see not only a disparity in wealth separating the rich and the poor but also a disparity in opportunities. The mounting discontent of the lower-strata may turn into a time bomb in society any time. The Government must review its youth policy.
Deputy President, I have studied some information and come to learn that the moving of a motion of thanks on a policy address is a British convention. Having listened to the Governor's address, Members would voluntarily thank him. In fact, this practice has a strong master-servant overtone, with the Governor being the "master" and Members being "servants". In my view, since it is already more than 10 years after Hong Kong's reunification with the Motherland, we really need to review whether this convention should continue to be followed.
Although I do not support many of the ideas in the Policy Address, I will nonetheless support the motion for convention and procedural reasons, in the hope that the Chief Executive can achieve the cohesion and unity of Hong Kong for furthering the well-being of the people. I so submit.
MR CHAN CHI-CHUEN (in Cantonese): With only some 130 words, LEUNG Chun-ying refused, in his Policy Address, to launch a consultation exercise on enacting legislation against sexual orientation discrimination. Yesterday, some Members pointed out that LEUNG Chun-ying had "swallowed" some words in his Policy Address ― "swallowed his own words". In dealing with the issue of standard working hours, he has "swallowed" the words "legislative proposal" as stated in his Manifesto, retaining only the Special Committee on Standard Working Hours. That notwithstanding, those Members will still cast a supportive vote later on. Some Members criticized LEUNG Chun-ying's Policy Address for putting forward no substantial proposals other than the setting up of tons of committees. Excuse me, but I need to point out that when it comes to the issue of banning sexual orientation discrimination, we cannot see any legislation or committee, not even the originally mentioned consultation exercise.
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If LEUNG Chun-ying had not previously intended to conduct a consultation exercise and backed off subsequently, he does not need to devote a paragraph to explaining the reasons why he will not conduct any consultation in this respect. The People Power has urged the Government to give out $10,000 to every citizen, but will he devote one paragraph of the Policy Address to explaining the reasons why he refuses to do so? If he has the guts, he may just remove paragraph 131 from the Policy Address. The reason why no consultation will be conducted can be summarized in just a few words: "the job is too tough". According to the Chinese version of the Policy Address, "社會上 對此課題有強烈的不同看法……政府明白這是一個極富爭議性的課 題，必須審慎處理(the society is deeply divided over this issue …… The Government understands that this is a highly controversial issue which must be tackled cautiously)". What does "有強烈的不同看法(deeply divided over)" mean? How badly written this is, and it will set a bad example for our young children's in terms of Chinese language usage. I suppose it meant to say "public opinions greatly diverged on this issue", but how come it turns out to say "the society is deeply divided over this issue"? Are policies on housing, education, labour and welfare not controversial? Do public opinions not greatly diverge on such policies? Which one of such policies does not need to be tackled cautiously?
Instead of tackling the issue cautiously, LEUNG Chun-ying has refused to deal with it. If the Government refrains from dealing with issues faced with diverged opinions or when society is "deeply divided over" such issues, the Government of the Special Administrative Region (SAR Government) will have nothing to do at all. But then, our Chief Executive LEUNG Chun-ying does not seem to be so overcautious or gutless. Paragraph 70 of his Policy Address says: "We must have the courage and resolve to make hard choices and decisions …… But the fact is that the community will never reach a full consensus over such issues. In fact, we cannot afford to, and should not, wait for a full consensus." Why is it that LEUNG Chun-ying has the guts to level hills and reclaim land from the sea, launch a large number of construction projects and even destroy villages for the land they occupy, but simply backs off when the proposed consultation on legislation against sexual orientation discrimination meets some opposing views, so much so that the originally planned consultation has to be called off.
According to LEUNG Chun-ying, as he has to concentrate on housing and poverty alleviation matters, he cannot but shelf this consultation exercise for the LEGISLATIVE COUNCIL ─ 1 February 2013 6359 moment. This is indeed an absurd excuse. The existing three Secretaries of Departments and 11 Directors of Bureaux all have their respective portfolios, with the Development Bureau and the Transport and Housing Bureau taking charge of housing matters, and the Labour and Welfare Bureau taking charge of poverty alleviation matters. Besides, there is also the Commission on Poverty headed by the Chief Secretary for Administration. What about the Constitutional and Mainland Affairs Bureau? Are all of its officials taking long leave? Do they not have any work to do? Do they not receive any salaries? If so, the Constitutional and Mainland Affairs Bureau had better be dissolved. Under Secretary LAU Kong-wah can be transferred to the Labour and Welfare Bureau to be the Bureau's Under Secretary, and Secretary Raymond TAM can be transferred to the Transport and Housing Bureau or the Development Bureau. If the Government does not want to do anything in this respect, it had better delete from the annual budget the appropriation for the Constitutional and Mainland Affairs Bureau. This way, file is closed and nothing needs to be done.
What else will the Government do if it does not enact any legislation or conduct any consultation in this respect? The Government has pledged that it would be committed to following the practices recommended in the Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation, aiming at setting an example and promoting the idea to the public and private sectors. However, how close is that to the truth? From a simple example we can tell that Government has the least intention to do so. In connection with the legislation on domestic violence, some homosexual groups have requested to be represented in the Working Group on Combating Violence. This request has been made for quite some time, but the Social Welfare Department has turned down the request categorically. On the one hand, they state that they have little knowledge about the issues involving homosexuals and people of different sexual orientations; yet on the other hand, they have refused to let these people join the Working Group, only agreeing verbally to take in their views. Upon receiving enquiries about the relevant figures, they just say that they have not asked the victims of domestic violence about the gender of their partners. This is really ridiculous. If a female victim takes shelter in a refuge for women and the authorities do not know that her partner is also a woman, the female perpetrator may enter the same refuge and continue to abuse the victim. Should that be the case, how could counselling work be conducted? Are the authorities really concerned about the rights and interests of homosexuals?
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The Equal Opportunities Commission points out in the Report on the Equal Opportunities Awareness Survey 2012 that 43% of the general public considered sexual orientation discrimination in Hong Kong society serious. The Report also points out that the introduction of legislation against sexual orientation discrimination appears as a forthcoming equal opportunities issue of priority, the Government need to launch comprehensive consultation in order to gauge public opinions on legislation to combat discrimination on the grounds of sexual orientation.
United Nations Secretary-General BAN Ki-moon urges places all over the world to adopt measures to stop discrimination against gay, lesbian, bisexual and transgender people. The United Nations Organization has inquired the SAR Government several times of its planning and timetable for enacting legislation against sexual orientation discrimination, and the Government has just responded that at this stage, self-regulation and education, rather than legislation, are the most appropriate means of addressing discrimination. So, this is the turn for the Department of Justice and the Legislative Council to take a break, as it is enough just to have education and self-regulation.
In his Inaugural Address, Barack OBAMA said, "Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law ― for if we are truly created equal, then surely the love we commit to one another must be equal as well." I will not draw any comparison between LEUNG Chun-ying and Barack OBAMA, as the two cannot be compared; I will not draw any comparison between Hong Kong and the United States either, as the two places are really different from each other.
What we are striving for today is by no means any privilege, not even equal rights. The cause we are striving for is but a consultation exercise on enacting legislation against sexual orientation discrimination. Today, we should be debating the Motion of Thanks on the Policy Address, and if I should be asked to give thanks to LEUNG Chun-ying, I might perhaps thank him for withdrawing the consultation exercise on enacting legislation against sexual orientation discrimination at the last minute. Yes, we have seemingly lost a consultation exercise, but we have never won so much support from not only China, Hong Kong and Taiwan, but also different parts of the world. People of different genders, races and sexual orientations all come up to give support to "people of different sexual orientations" and say no to discrimination. Even though this LEGISLATIVE COUNCIL ─ 1 February 2013 6361 road in front of us is a very long one, we will still stride forward, with gratitude for all who are in support of the campaign of equal rights for people of different sexual orientations, and who have contributed to the campaign in the past.
DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
DR HELENA WONG (in Cantonese): Deputy President, the majority of Hong Kong people have been longing for the democratization of Hong Kong's political system and the expeditious implementation of dual universal suffrage. This aspiration has always been very clear and definite.
The Basic Law provides that the Chief Executive and all Legislative Council Members shall both be returned by universal suffrage on a "one person, one vote" basis. It has been more than a decade since the reunification, but we have yet to witness the implementation of dual universal suffrage. Today, all of us very much hope that the Chief Executive's Policy Address can set out a timetable on how to implement dual universal suffrage. However, the entire Policy Address only devotes two short paragraphs to this issue, and there is no clear mentioning of when the five-step mechanism for constitutional reform will be activated.
Deputy President, as all of us know, we have no idea of how the next Legislative Council Election will be conducted despite the fact that 2016 is fast approaching. Deputy President, we also know that the Central Authorities have set a timetable for Hong Kong whereby the next Chief Executive shall be returned by universal suffrage in 2017. Yet, even now, we still have no idea about the details of universal suffrage. Up till now, the Chief Executive has not put forward any timetable whatsoever, and he only talks about doing so at an appropriate time without mentioning the time that is considered appropriate. This is indeed infuriating. Is it because he thinks that since we need to tackle many problems such as housing and milk formula and so on, he can thus brush aside the issue of constitutional reform?
Deputy President, we already went through a constitutional reform in 2010. The then Government told us that in order to complete the five-step process, we should enact local legislation two years in advance. We do not know how the 6362 LEGISLATIVE COUNCIL ─ 1 February 2013
Legislative Council Election will be conducted in 2016, but in accordance with the two-year principle, shouldn't we enact local legislation in 2014 at the latest? The enactment of any local legislation ― especially a piece of legislation which can give us the confidence that it can go through the steps of securing passage by a two-thirds majority in the Legislative Council, obtaining the consent of the Chief Executive and reporting to the Standing Committee of the National People's Congress for record or approval ― must involve a very complicated and difficult process. Members can all understand this perfectly well, because many people in this Council still want to prolong the life of the ailing functional constituencies or revive them in one form or another. We do not want to see any "one person, two votes" which distorts the concept of universal suffrage at the time of the Legislative Council Election and leads to the perpetuation of functional constituencies.
As a result of the constitutional reform in 2010, enormous pressure was brought to bear on the Democratic Party, but I must say that what we did at that time was only meant to strive for the progress of our political system and take a step towards the implementation of universal suffrage. I must of course add that at that time, we also placed emphasis on demanding the Government to provide a roadmap for implementing universal suffrage. However, the Government failed to do so. In spite of this, the constitutional reform package we eventually supported still contained the addition of five "super District Council (DC) seats" and five geographical constituency seats to the legislature. But why was this "super DC seats" package still passed in the end? The reason was that it was still a functional constituency despite the large electorate. In contrast, the kind of universal suffrage we are talking about must meet the requirements of universality and equality in respect of the rights to nomination, candidacy and voting. Although the election returning the five "super DC seats" was based on universal voting rights with a broadened electorate probably as large as some 3 million, it cannot be called an election based on universal suffrage because there was a restriction on who could stand for election, and the right to nomination was also confined to DC members. For this reason, if any Members think that it is feasible in the future to expand the electorates of functional constituencies while imposing restrictions on the rights to candidacy or nomination, I must tell them that all the functional constituencies will still be called functional constituencies, rather than any realization of dual universal suffrage for the Legislative Council as provided for in the Basic Law.
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Therefore, we must demand the Government to set out a very clear and definite timetable, telling us when the five-step mechanism for constitutional reform will be implemented. In fact, the Government is duty-bound to develop a platform on which different social sectors, political parties and groupings as well as civil society can participate in the consultation process and share their opinions on constitutional reform, with a view to promoting the forging of a consensus in society. The Democratic Party supports the enactment of the required legislation in one single exercise and the adoption of a phased implementation approach for the purpose of making sure that the election of the Chief Executive by universal suffrage in 2017, the election of the Legislative Council in 2016, and the election of the Legislative Council by universal suffrage in 2020 can all meet the requirements of "universality and equality" as defined in international human rights conventions. We also support the total abolition of appointed membership and ex officio seats in DCs.
Deputy President, the Democratic Party expresses regret at the Chief Executive's delaying of consultation on constitutional reform and his failure to give a concrete timetable. This time around, we (The buzzer sounded) ……
DEPUTY PRESIDENT (in Cantonese): Dr WONG, your speaking time is up. Does any other Member wish to speak?
(No Member indicated a wish to speak)
DEPUTY PRESIDENT (in Cantonese): If not, I ……
(Mr WONG Yuk-man rose to his feet and indicated that he wished to speak)
DEPUTY PRESIDENT (in Cantonese): Mr WONG Yuk-man, please speak.
MR WONG YUK-MAN (in Cantonese): Down with the Hong Kong Communist regime! Popular constitutionalism! Autonomy for Hong Kong! Deputy President, in the first Policy Address delivered half a year after his "usurpation of the throne", Hong Kong Communist LEUNG Chun-ying, also called "Mr 689", 6364 LEGISLATIVE COUNCIL ─ 1 February 2013 only clings to his predecessor's conservative mindset, maintaining that sustained economic development is a prerequisite for tackling problems, and improving people's livelihood hinges on economic development. Such a philosophy of governance has given Hong Kong the widest wealth gap in the whole world and a poor population of 1.18 million people, but LEUNG Chun-ying still clings to it as the only standard. The theme of his so-called Policy Address, "seeking change and maintaining stability" and "serving the people with pragmatism" should be rewritten as "seeking no change and maintaining the Chinese Communist regime" and "rousing people to revolutionism".
The public finances management philosophy of low taxes and scanty social welfare benefits adopted by Hong Kong and also its economic structure based predominantly on the real estate and financial industries have long since been a proven failure. Unable to start their own businesses, ordinary people can only sell their labour to those large consortia controlling the market in return for a hand-to-mouth existence. At the same time, with the lack of social welfare benefits and retirement protection, and battered by the property bubble and the erosion of their incomes by high inflation, they can only struggle grimly for survival, not even having enough to eat and wear. When even their very survival is under threat, it is pointless to talk about development. What all those poor people who suffered so much under TUNG Chee-hwa can get from the Policy Address of "689" is not any relief, but disillusionment, anger and increasing plight. People Power has been requesting the SAR Government to provide subsidized housing in large quantities, buy back public utilities, improve the Comprehensive Social Security Assistance (CSSA) system and reform the retirement protection system, hoping that ordinary people can thus try to stand on their own feet under the protection of a comprehensive social welfare safety net. The advocacy of all such "stability preservation" measures that can benefit the people and give them security has never succeeded in eliciting the slightest response from the totalitarian Government.
An overview of the Policy Address shows a surfeit of Communist jargon like "homeland relationship" and "deepen and expand our industries", along with economic policies that lead us to lean against the Mainland and cause the dimming of Hong Kong's local characteristics. A couple of days ago, "689" instructed low-income young people to leave Hong Kong for career opportunities. The Secretary for Education hopes that school children in the North District can go to school in other districts, so as to make way for "doubly non-permanent LEGISLATIVE COUNCIL ─ 1 February 2013 6365 resident school children". Instead of seeking to control the purchase of formula milk by parallel traders, the Secretary for Food and Health has introduced a ration system ― the Government now imposes a quota on the quantity of formula milk that can be brought out of Hong Kong and even declares that the quota applies equally to Hong Kong people. I really do not know what the Secretary is doing ― In the course of discussing the development of tourism spots, the Secretary for Commerce and Economic Development gives no consideration to Hong Kong people. The governance of the Hong Kong Communist regime is about nothing but pandering to the Mainland at the expense of local interests. These scoundrels who sell Hong Kong down the river for personal benefit must deserve the severest punishment possible!
During the turbulent times of our country in the middle of the last century, Hong Kong managed to grasp the opportunities and started to achieve unprecedented prosperity, thanks to its core values of freedom, human rights and the rule of law. However, since Hong Kong's reunion with the totalitarian Chinese Communist regime, the advantages of its institutions and systems have been progressively eaten away. Then, following the success of Hong Kong Communists in "usurping Hong Kong" in March 2012 and the coronation of an underground Communist Party member called "689" in July, Hong Kong's core values and its people's well-being are by now completely obliterated. When local consciousness begins to germinate in Hong Kong these days, local Communist buffoons all hasten to label it as "Hong Kong Independence Movement". I must tell them that our advocacy of local consciousness aims precisely to stop the Hong Kong Communist regime from introducing the vicious politics of Communist China to Hong Kong! At this juncture, Hong Kong people must wake up, get to know the advantages of Hong Kong's institutions, systems and culture, and defend the dignity of Hong Kong's local identity and values!
Hong Kong people's last hope with the Government has been shattered by the publication of the Policy Address of "689". A local civil rights movement is our only way out!
Lack of visions and initiatives ― past redemption. I can remember that there were at least some visions in the policy address entitled "Building Hong Kong for a New Era" published by the first-term Chief Executive of the SAR Government in 1997. TUNG Chee-hwa's blueprint of developing high 6366 LEGISLATIVE COUNCIL ─ 1 February 2013 value-added activities, connecting to the information age, and promoting the film and tourism industries was once able to make Hong Kong people conjure up beautiful pictures of the future. What about the Policy Address of "689"? It is full of clichés such as resolving social problems, a clean and liveable city, developing a knowledge-based society and raising our city's profile in the Mainland and abroad, all of which are nothing but mere lip-service. Apart from continuing to lean against China, the Policy Address actually says nothing on Hong Kong's future directions.
The main themes of LEUNG Chun-ying's election campaign were housing and poverty alleviation, and the Policy Address also devotes the longest treatment to policies on these two issues. In respect of housing, LEUNG Chun-ying cannot provide subsidized housing in any large quantities, and he also seeks to develop land indiscriminately; concerning poverty alleviation, he clings to the outmoded system and only makes piecemeal adjustments to the existing mechanism.
The Policy Address proposes to set up at least 10 commissions and committees on policy studies, including the Economic Development Commission, the Financial Services Development Council (FSDC), the Consultative Committee on Economic and Trade Co-operation between Hong Kong and the Mainland, the Harbourfront Authority, the Steering Committee on Land Supply, the Special Committee on Standard Working Hours, a committee to examine the feasibility of free kindergarten education, a steering committee to conduct a comprehensive review of the operation of the Hospital Authority, and the Chinese Medicine Development Committee. Hong Kong is set to move from "rule by civil servants" and "rule by the accountability system for principal officials" to "rule by commissions and committees". In the future, Hong Kong will hold meetings more frequently than the Communist Party. "Rule by commissions and committees" is in reality a trick aiming to make political rewards and mete out the political booty.
Hong Kong people all share the same views on universal retirement protection, equal rights for people of different sexual orientations, the issuance of free television licences and the resolving of China-Hong Kong conflicts, but the Policy Address does not offer any concrete responses and simply puts up various excuses in most cases. The inaction of this autocratic Government enrages both Heaven and Earth!
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Apart from developing land in a "Great Leap Forward" manner, this Policy Address of "689" basically seeks to meet changes with no change and total inaction in other policy areas. On 16 January, the Public Opinion Programme of the University of Hong Kong (HKU) recorded a 27% satisfaction rate in regard to the Policy Address, with the dissatisfaction rate standing at 39%, meaning a net discrepancy of 12%. A Policy Address marked by such inaction which has caused so much public grievance should be thrown into the trash bin!
The Government is incompetent as it fails to provide land and accommodation to the people. The housing problem in Hong Kong is a nightmare. During his election campaign, LEUNG Chun-ying put forward the undertakings of "increasing supply" and "Hong Kong property for Hong Kong residents". But in the Policy Address, such empty words as "choice", "explore", "consider" and "review" are used instead. Face not even blushing, "689" has time and again failed to honour his undertakings. What an eye-opener!
The year before last, I advised the then Chief Executive, Donald TSANG, to increase the production of public rental housing (PRH) to 30 000 units a year. He told me that there was no land. LEUNG Chun-ying is now talking about the same thing, referring to "land shortage" and "real and difficult choices" in the Policy Address. But the truth is that there are at least 20 residential sites on the Application List which the Government can immediately withdraw for constructing PRH. Secretary for Transport and Housing Anthony CHEUNG has replied that these sites may not be suitable for PRH construction. Semantically and logically, "may not be" is also capable of meaning "may be". "May not be" is not the same as "cannot be", which is why the Government may launch a public consultation exercise.
It is estimated that the land reserves of the five major property developers in Hong Kong and all the sites yet to be granted will be sufficient for constructing some 90 000 residential units each measuring 700 sq ft, which is only 30 000 units short of the number with Government lands. Four of the major property developers, namely, the New World Development Company Limited, the Henderson Land Development Company Limited, the Cheung Kong (Holdings) Limited and the Sun Hung Kai Properties, together hold 96 million sq ft of agricultural land which they purchased at low prices. Assuming that these sites are developed at a plot ratio of 300%, the number of units that can be constructed will be 380 000 units each measuring 700 sq ft, 6368 LEGISLATIVE COUNCIL ─ 1 February 2013 which is four times the number with Government lands. The respective floor area reserves of property developers and the Government are 8:2 in ratio. Over the years, the SAR Government has been condoning or even assisting in the hoarding of land by property developers, causing a shortage of land. Today, it simply pretends that it has nothing to do with the problem. How hateful! After taking office, the new Government should really rectify this long-standing problem by developing agricultural lands into new towns, so that the population density in the urban areas can be lowered by the urbanization of the New Territories.
However, the SAR Government has evaded this problem. It simply veers away from the proper path and seeks to increase land and housing supply by adopting various unorthodox means. LEUNG Chun-ying intends to use a number of Government, Institution or Community sites and other Government lands for housing development. This will lead to the reduction of public markets, clinics, schools and various social welfare facilities, and at the same time will even raise the density of residential developments, resulting in more crowded living environments for people and greatly affecting the healthcare, recreational and sitting-out facilities available to them. He has also instructed various departments to take a positive approach in handling applications from private residential developments for approval of higher development density. With the springing up of "screen-like buildings" all over different districts, air and noise pollution will only deteriorate.
The Urban Renewal Authority (URA) will forge ahead with its "demand-led" redevelopment scheme. However, the projects under the URA, with the exception of Heya Green in Sham Shui Po, are all luxurious properties. The lifting of development restrictions on Pok Fu Lam and the Mid-Levels must be a godsend to another "LEUNG fan", the Henderson Land Development Company Limited, which has been planning to redevelop the Ebenezer School and Home for the Visually Impaired in the area into a luxurious property development. As for the Government's intention of making use of private developers' capacity for development in constructing public and private residential units in the former Diamond Hill Squatter Areas (Tai Hom Village), former Cha Kwo Ling Kaolin Mine, former Lamma Quarry and Anderson Road Quarry, the results can well be predicted. LEUNG Chun-ying's litany of "assisting grassroots families in moving into public housing and the LEGISLATIVE COUNCIL ─ 1 February 2013 6369 middle-income families in buying their own homes" turns out to be all for increasing the supply of luxurious residential properties.
Mencius said, "When words are evasive, I know how the mind is at its wit's end. These evils growing in the mind, do injury to government, and, displayed in the government, are hurtful to the conduct of affairs." The Government's words on land and housing supply are so evasive, and its hoodwinking will only inflict suffering on the 200 000 people waiting for PRH allocation, the 100 000 tenants in "sub-divided flats", the several thousand street-sleepers and the large numbers of "sandwich-class" people. It is precisely because of the Government's own reluctance to tackle the root cause of land shortage that it is so helpless in the identification of residential sites, being only able to provide 75 000 PRH units in the next five years and 100 000 units in the five years following 2018, with an annual average of 15 000 units to 20 000 units. Even though LEUNG Chun-ying said, when questioned persistently by Members, that the supply might exceed 75 000 units during his term of office, one must point out that supply will still fail to meet demand. As for the new Home Ownership Scheme, LEUNG Chun-ying is only able to complete 17 000 units in the four years following 2016. People who yearn for a housing unit as shelter but are unable to get one are still waiting in the long night of complete darkness, not being able to see any light of dawn.
The provision of subsidized housing concerns people's well-being, so it is honestly something indispensable. The British Hong Kong administration of the last century embarked on a massive construction of subsidized housing because on the one hand, it wanted to ensure low-income people's access to safe, hygienic and spacious accommodation, and on the other hand, it also wanted to reduce people's housing expenditure, so that after deducting their expenditure on daily necessities such as food and accommodation, they could still have money to spend on other things, thus improving their living quality and in turn boosting local economic growth. Since 2002, the SAR Government has been slashing the production of subsidized housing. Many "shell-less snails" have thus emerged, and people having to repay home mortgages are in perpetual fear of layoffs, pay-cuts and the bursting of the property bubble. Tenants, on the other hand, have to suffer the plight of soaring rents and having no permanent homes. The worst victims are those who must live in "sub-divided units" with rents per sq ft comparable to those of luxurious properties and people who must sleep in the streets, Chief Secretary for Administration!
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The elderly are helpless as there are no poverty alleviation and retirement protection. A couple of days ago, the Hong Kong Council of Social Service (HKCSS) published the latest poverty statistics. With half of the median income recorded by the Census and Statistics Department (C&SD) as the basis of computation, it is estimated that the poor population in Hong Kong amounts to roughly 1.18 million, or 17.6% of the total population. The number of poor elderly people has exceeded 300 000, or 33.4% of the elderly population, meaning that one in three elderly persons in Hong Kong has been plunged into poverty. Although the C&SD's recent fake data scandal has rendered the figure of the HKCSS inaccurate and there may thus be more than 1.18 million poor people, it is still beyond any doubt that the poverty problem in Hong Kong has deteriorated.
The SAR Government has been paying mere lip-service on poverty alleviation. Although "689" has re-established the Commission on Poverty and said with pretended seriousness that he wants to formulate poverty alleviation policies to prevent and alleviate poverty, the contents on poverty alleviation in the Policy Address are basically similar to past practices. An old friend of mine, Director of the Society for Community Organization HO Hei-wah, who earlier on unbecomingly banged the drum for LEUNG Chun-ying's "usurpation of Hong Kong", said point-blank after LEUNG Chun-ying's delivery of the Policy Address that the Policy Address was extremely disappointing. In early December, the Labour and Welfare Bureau and the pro-establishment forces of the Legislative Council joined forces to commit the sin of forcibly passing the Old Age Living Allowance with an assets test. This proves that conservative forces are still in control of the SAR Government's public finances policies and welfare policies. The phenomenon of polarization in wealth will only deteriorate. As people are seething with grievances, social turbulence is inevitable.
Last week, Secretary for Labour and Welfare Matthew CHEUNG finally said that a poverty line would form the basis of poverty alleviation policies, and that as a starting point, a line based on the median income would be drawn this year. As for the level of the poverty line, whether it should be set at 50%, 60%, or 40% of the median income, I suppose there is bound to be a political arm-wrestling between the rightist and leftist forces. As reported by the mass media, the Government thinks that the welfare benefits of housing, healthcare and education provided by the Government should be counted as income for the purpose of setting a poverty line. This is simply a trick intended to fool the LEGISLATIVE COUNCIL ─ 1 February 2013 6371 people. Poverty denotes an inability to meet living needs or a state of bare subsistence. People who must depend on the Government for the welfare benefits of housing, healthcare and education are otherwise unable to afford the costs of private housing, healthcare and education. The Government's provision of such welfare benefits to them will not give them the ability to pay such costs. The Government only pays such costs on behalf of poor people; it does not offer them any income as such. The point here is very simple.
The lack of retirement protection in Hong Kong has resulted in the accumulation of huge grievances among the people. The Policy Address clings to the same advocacy left behind by Donald TSANG's administration, saying, "The Government will reinforce and enhance the existing three pillars." This is Matthew CHEUNG's usual litany, something which he often reels off like incantations: "…… will study retirement protection in depth in an open, pragmatic and prudent manner". Can such empty words and stock responses resolve the problem of population ageing? People are oppressed by the Mandatory Provident Fund (MPF) system; the rates of CSSA and Old Age Allowance are low, and approval criteria are harsh; not much private savings can be left after their erosion by exorbitant rents and high inflation. The three pillars are all crumbling, and left with no prospects of any retirement protection, grass-roots people are doomed to a miserable life in old age. What angers me most is this saying in the Policy Address: "Many people have grave concerns over some arrangements of the MPF System, in particular its fee levels". This is simply an attempt to shift the focus, an act to avoid the most important issue and concentrate on a less significant one. We can still vividly remember the public indignation aroused by the Financial Secretary's Budget proposal on injecting funds into MPF accounts two years ago. Hong Kong people all bitterly hate the rationale behind the entire MPF system and even the way in which it is implemented. They all cannot wait to see the immediate abolition of the MPF system and dissolution of the Mandatory Provident Fund Schemes Authority. May I ask "Mr 689" …… He is not present, so let me ask the Chief Secretary instead. When "Mr 689" went walkabout during the election, couldn't he sense people's anger against the MPF system? Nowadays, many elderly persons have to eke out a living or add to their income by crawling about the streets, scavenging cardboards and aluminium cans which they can only sell for $20 or $30. Those Hong Kong people who retire 10 years later may face an even worse situation. We demand that a universal retirement protection system with 6372 LEGISLATIVE COUNCIL ─ 1 February 2013 tripartite contributions be immediately implemented by the SAR Government, so that elderly persons can live a life of dignity.
Since the slash of CSSA rates by 11.1% in 2003, the rates of adjustments have always lagged behind inflation rates, and CSSA rates have not yet been restored to the levels in 2003. CSSA rates are simply unable to cope with the very high inflation nowadays. Has the Chief Secretary ever been to any markets? Does she know the price of vegetable per catty? Does she know the per-catty price of pork or beef, the supply of which is monopolized by Ng Fung Hong Limited? There is so little money for all the people in those families, but some people still want to smear CSSA recipients, saying that CSSA makes people lazy. After the rent allowance under CSSA was reduced by 15.8% in 2003, it remained at the same level until earlier this year, when it was raised by 5.7%. How much is the rent for a room in a "sub-divided unit" nowadays? The amount of the rent allowance under CSSA is not even enough for the purpose of renting a room measuring a few dozen sq ft in a "sub-divided unit! The Policy Address says that the views on CSSA from various sectors will be carefully studied. But this is going to take much too long. An administrative measure should now be implemented to increase the rent allowance. Absolutely no one in Hong Kong will say that the existing CSSA rates are sufficient to meet the living needs of poor households. Anyone who says so must either be inane or insane. It is not necessary to conduct any detailed studies on increasing CSSA rates and the rent allowance for CSSA recipients, Mrs Carrie LAM!
On the 23rd of this month, the Social Welfare Department announced that all categories of CSSA cases stood at 269 239 in December last year, with the total number of recipients amounting to 418 768. Cases of low-income CSSA and CSSA for the unemployed numbered respectively 10 339 and 23 980. Last week, the Liberal Party interpreted some of these statistics out of context, and made a sweeping generalization which picks on people in receipt of CSSA for the unemployed and discriminates against the underprivileged. I demand that the SAR Government relax the approval criteria for CSSA applications, so as to give relief to low-income and unemployed people!
Those in power are unscrupulous and allow no academic development and freedom. I must mention section VI of the Policy Address on education. Not even one single word on post-secondary education is mentioned in all the seven paragraphs over there, meaning that there are no new policies. Post-secondary LEGISLATIVE COUNCIL ─ 1 February 2013 6373 education in Hong Kong is critically sick, and I am afraid that the kind of self-financing post-secondary education which the Government has been developing with such strong determination will likewise be infected with similar ills. There is no outside supervision of the teaching quality of sub-degree programmes and institution management; the Community College at the Lingnan University and the HKU SPACE Community College are plagued with the problem of over-admission; and institutions are able to use the undue profits they have reaped for purposes other than improving teaching quality. But the Joint Quality Review Committee, which is supposed to oversee the quality of the self-financing sub-degree programmes offered by institutions, is formed by the eight universities themselves. It goes without saying that there will be problems of "self-investigation" and "mutual harbouring". As for self-financing degree programmes, the Government is totally indifferent to those liberal arts institutions noted for comparatively high teaching quality but low profits, such as the Hong Kong Shue Yan University and Chu Hai College of Higher Education. The Self-financing Post-secondary Education Fund is just a little bit better than nothing only. I am therefore very pessimistic about self-financing post-secondary education in Hong Kong.
The situation of publicly-funded post-secondary education is just the same, and the University Grants Committee (UGC) is one of the culprits. The chairmanship of the UGC is always a form of political reward. As you can all see, Mrs CHA has been offered another appointment in the FSDC. The UGC controls the education funding for the various institutions, but its members are appointed by the Chief Executive, so the academic autonomy of the education sector in Hong Kong has been under threat of administrative power. As a result, I already commented many times in the Panel on Education of the last Legislative Council that the UGC must be dissolved.
Earlier on, the Central Policy Unit (CPU) announced that it would take back from the Research Grants Council the authority of approving applications for the $20 million annual funding under the Public Policy Research Funding Scheme. The media have also pointed out that the CPU wants to meddle with the selection of the Vice-Chancellor of the HKU and recommend CHEUNG Chi-kong, the Executive Council member who smeared Scholarism, for appointment to the UGC. How perverse such acts are! How can one imagine this "scum" joining the UGC? He writes articles to curse the opposition camp every day. How can they still claim that there is no such thing as "contradiction 6374 LEGISLATIVE COUNCIL ─ 1 February 2013 between us and the enemy"? Don't you dare appoint him to the UGC! "689" has not said even one single word on post-secondary education in the Policy Address. On the other hand, Hong Kong Communists are blatantly ruining teaching freedom, academic freedom and learning freedom in Hong Kong.
Let me see if there is still enough time. Time should be running out already. Down with the Hong Kong Communist regime! Popular constitutionalism! Autonomy for Hong Kong! The whole Policy Address is past redemption, right? Hong Kong is likewise past redemption. What is the point of having all these piecemeal repairs?
At the Chief Executive's Question and Answer Session on the Policy Address, Democratic Party Chairperson Ms Emily LAU, who advocated negotiations with the Chinese Communists, questioned "689" on the issue of political development. "689" replied, "We still have time." What a shameless answer! Mr SIN Chung-kai of the Democratic Party has also put forward an amendment to the Motion of Thanks today, asking for constitutional reform. Let me ask the ladies and gentlemen of the Democratic Party one thing ― only one of them is present now, and whenever I speak, they just do not come in, so I really want to ask for a head count. The constitutional reform package of 2010 was based on the interpretation of the Basic Law by the Standing Committee of the National People's Congress (NPCSC) in 2004 and its Decision in 2007, right? Will the constitutional reform package put forward by the Democratic Party continue to be based on the NPCSC's interpretation of the Basic Law in 2004 and its Decision in 2007? The Democratic Party now clamours for "one person, one vote" in 2016, but when it supported the constitutional reform package last time, it also supported the NPCSC's Decision and the maintenance of the ratio between Members returned by geographical constituencies through direct election and Members returned by functional constituencies. How can I still believe the Democratic Party? The stance of People Power against the Chinese Communists' intervention in Hong Kong's constitutional development is clear and unequivocal. Our struggle for universal suffrage will not be based on the NPCSC's Decision. We demand the immediate implementation of popular constitutionalism. We want to overturn everything and start anew, so as to construct a political system which is democratic, just and liberal. This is revolution.
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The Hong Kong Communist regime derives its power and authority from an extremely unjust political system. The Policy Address says that they "will promote and achieve the ultimate aim of universal suffrage in accordance with the provisions of the Basic Law and the relevant decisions of the Standing Committee of the NPC". The constitutional reform package that the Democratic Party supported in June 2010 is meant precisely to conform to the NPCSC's Decision in 2007. Today, the Democratic Party must come forward to tell the people, "I now want to overturn the whole thing." In other words, the Democratic Party must admit its past mistake and make amends for the error. It is no big deal. The Hong Kong Communist regime gives the totalitarian Chinese Communist Government a free hand to determine the fate of Hong Kong. To hope for mercy from a totalitarian regime outside Hong Kong is total wishful thinking. Hong Kong people must seek self-strengthening sedately and remain calm amidst adversities, so as to defend their own rights.
The Hong Kong Communist regime led by "689" curries favour with the Communists, betrays Hong Kong and adopts perverse policies. Hong Kong people have reached the limits of their tolerance. We maintain that the political system of Hong Kong requires immediate and fundamental reform for the realization of dual universal suffrage. We cannot go on waiting as prescribed by the original timetable. Listen up, the two Secretaries of Departments present now. The SAR Government should resign en masse. The Legislative Council should be dissolved at the same time. A caretaker government should be formed by the Permanent Secretaries of Policy Bureaux to maintain the daily operation of the Government. Within half a year to one year, a constitutional convention composed mainly of public opinion representatives and constitutionalism experts should be convened for the purpose of amending the Basic Law. The constitutional convention should first formulate a political party law and a political donation law. Chief Executive Election candidates should be allowed to have party affiliation and Legislative Council Members should be given the power to introduce private Member's bills. When all preparations are made, universal suffrage based on "one person, one vote" and "no screening of nominations" should be adopted for electing the Chief Executive and Legislative Council Members. Some say that I am dreaming. Dreams are the mother of all, right? I have said many times that the "five geographical constituencies referendum" also started as a dream. All major events in history were born in Utopia and later became a citizen of Reality.
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The Hong Kong Communist regime gives plutocrats a free hand to exploit the people. It is stingy on social welfare. It connives at the ruining of Hong Kong people's livelihood by Mainland tycoons and the Individual Visit Scheme. Not having to hold itself accountable to the local people, it has never ever considered their well-being and rights. People Power has discarded the so-called "gradual and orderly progress" and any "constitutional reform with the Central Government having a role" as advocated by certain people in the democratic camp, and it advocates popular constitutionalism instead. The precise reason for all this is that it wants to enable the local people to set up a government that holds itself accountable to the local people and gives priority to their rights and interests. What is wrong with this? This is the exact meaning of "a high degree of autonomy" and "Hong Kong people ruling Hong Kong". Isn't that clear enough? The NPCSC's interpretation of the Basic Law in 2004 and its Decision in 2007 are both in contravention of Annex I and Annex II to the Basic Law on the method for selecting the Chief Executive and the method for forming the Legislative Council. You people allow yourselves to contravene the Basic Law, but when I ask for the amendment of the Basic Law, you immediately accuse me of advocating "Hong Kong independence". What are you talking about? We want a government that holds itself accountable to the local people and gives priority to local people's rights and interests. Is that clear! Down with the Hong Kong Communists! Popular constitutionalism! Return power to the people! Let Hong Kong people themselves decide the future of Hong Kong!
We of course oppose this Motion of Thanks. This Policy Address is rubbish. Down with the Hong Kong Communist regime! Popular constitutionalism!
DEPUTY PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR LEUNG KWOK-HUNG (in Cantonese): Deputy President, this debate in the Legislative Council reminds me of the theory of braking a car at the end of Rebel Without a Cause. Members of the pro-establishment camp usually do not speak until the very end of a debate because even though they do not speak, their message is already clear enough. They basically do not need to speak. But if LEGISLATIVE COUNCIL ─ 1 February 2013 6377 we do not speak in debates, we will have no other opportunities. They are in the majority, so I have no alternative but to rise to speak.
What Mr WONG Yuk-man has said is actually common knowledge to anyone who has studied European history or modern political history. The convening of constitutional conventions or national congresses is common. It is provided for in the Kuomintang party charter, and the Indian National Congress and the African National Congress are two other examples. In all cases, the significance of a constitutional convention lies in allowing the majority to decide what to do with the rule of a political regime that sees the minority's prevailing over the majority. What Mr WONG Yuk-man has talked about is only a general principle and common sense. The National People's Congress (NPC) convened in Beijing is based on the same principle. The Constitution of the People's Republic of China (the Constitution) states that all power in the People's Republic of China belongs to the people. What a sonorous statement! Yet, LEUNG Chun-ying is not really so cunning. His masters were the ones who were really cunning, because they inserted "four big columns" into the Preamble to the Constitution, called the Four Cardinal Principles. These Principles set out what people should insist on, the most important one being the insistence on the leadership of the Chinese Communist Party. In this way, they succeeded in pre-empting the main body of the Constitution with the Preamble.
Having listened to Mr WONG Yuk-man's discussion on an appeal that I often heard in my youthful days, I cannot help lamenting the troubled course of our country, apart from having the feeling of entering the time tunnel. In 1949, our country decided to establish the People's Republic of China in accordance with the Common Program of the Chinese People's Political Consultative Conference (CPPCC) formulated in 1948. All the time since then, we have been saying that all power in the People's Republic of China belongs to the people, and the NPC is an institution elected by the people. Regrettably, this is not the case in reality. This explains why Mr WONG Yuk-man finds it necessary today to describe a dream that should long since have been realized.
Deputy President, so much about all these thoughts. Let me now return to the topic under discussion. As its very title suggests, this debate session is about the political system, governance and human rights. In respect of governance, he who cannot command the people's trust cannot last. How can he still talk about governance? He himself took the lead in telling lies, initially for getting the post 6378 LEGISLATIVE COUNCIL ─ 1 February 2013 and later for saving his own life. Following his success in obtaining the post and saving his own life, many Hong Kong people once advocated giving him a bit more time, in the hope that since he was still reluctant to die and was still on the drip, he might be able to emerge from a repechage and show a last ray of light before death, or some healing hands might miraculously save him. But the answer has turned out to be negative. With a slight alteration, the Policy Address will become a "Zombies Address", one which gives off the stench of zombies. When most people read this zombie-like Policy Address, they will agree that it is no different from a zombie, as long as they have a least sense of fairness and do not need to pander to "Grandpa". He has not only obtained his post through deception and cheated both the Legislative Council and the general public in order to save his own life, but has also proved himself to be entirely at his wit's end after begging others to spare him from the death penalty.
Any solution to the housing problem will inevitably offend property developers. But property developers are a force that keeps him alive on his deathbed. They spare him from the death penalty and instruct their representatives not to vote for his impeachment here, so they can naturally do and get whatever they like. Mr WONG Yuk-man questioned why it was impossible to use certain lands on the Application List for public rental housing construction instead. Secretary for Transport and Housing Anthony CHEUNG, who used to be a pan-democrat, replied, on various irrelevant excuses, that it was more advisable to adhere to the original planning. Buddy, which should actually be the case ― to formulate planning to suit people's needs or to require people to suit the needs of planning?
(THE PRESIDENT resumed the Chair)
Many Hong Kong people are now tortured by exorbitant rents and high land prices. And, the only kind of equality I can observe is that all people, poor and rich alike, must pay equally high prices per sq ft for their homes; the prices per sq ft of "sub-divided units" and luxurious properties, or homes of the living and places of eternal rest for the dead, are equally exorbitant. The prices per sq ft of columbaria are extremely high, but those of residential buildings for the living are also exorbitant. Here is where equality manifests itself. This is a kind of equality built upon the unfairness imposed on us by a handful of people. LEGISLATIVE COUNCIL ─ 1 February 2013 6379
This aptly brings out what is said in Animal Farm: all animals are equal, but some animals have more rights than other animals.
Such falsehood is frankly far too absurd. Can't they supply both bread and flour in the market? When the hoarders of flour hold 80% of the flour and you only have 20%, it will be a miracle that your policies are not toppled. As long as there is more supply of flour, its prices, not to mention those of bread, will certain drop right away. As long as the prices of flour drop, those of bread will likewise decline. But do you have the courage to do so?
Mrs Carrie LAM is a "tough warrior", but she dares not do so. This is a matter that forbids any actions, or even any discussions. Why don't you roll out all those policies and measures which, as even the ordinary masses can also observe, are able to clamp down on developer hegemony easily and deliver the poor and "shell-less snails" from their plight? Just increase the supply of flour and in turn the supply of bread. That way, the later they sell their properties, the lower the prices will drop. In the end, they will naturally and definitely put their properties on sale.
LEUNG Chun-ying is lying to Hong Kong people. I also once asked him if he would resume rent control. He replied that there was no land. But if he really intends to rescue Hong Kong people, only 1 sq ft of land will be enough. He can simply stand on this 1 sq ft of land and declare his determination to honour his undertakings, resume rent control and rescue Hong Kong people. In this way, there will be "bad luck" for all those vampires who charge high rents and shift the costs of property speculation to the common people; and there will be "good luck" for the ordinary people. He needs only to do so. Only 1 sq ft of land will be able to save Hong Kong. Does he mean that he does not even have such a small area of land? No land? What kind of hogwash is this? The total quantities of all potential sites and disposed sites will be so enormous that if they are used for making soups, the soups thus made will be enough to choke you to death. Just like making soup with rhino skin and Rehmanniae Radix! You will certainly die if you are asked to drink it all up. No land?
To me, the lack of integrity alone is already sinful enough. How is LEUNG Chun-ying's situation now? Before his election, he claimed that with a stool, a notebook, a pen and a knapsack, he would go fact-finding in all places. What has he still got now? A mouth which is only too glib. An account book 6380 LEGISLATIVE COUNCIL ─ 1 February 2013 which is getting thicker and thicker with records of how he has sought to cover lies with other lies ― "an account book of falsehood". And, his pen has turned into a "man", a "lonely man with no supporters". Who will still support him these days? What are the pro-establishment camp, the "royalists", red consortia and Beijing going to do?
The first problem is the ceding of power and profits. When he talks about attaching importance to the overall situation, what he has in mind is actually attaching importance to the Mainland. He has stated clearly that he will "deepen and expand our industries", but this only means that with the continued domination and proliferation of capitals from the financial and property development sectors, every possible means will be exhausted to open up the whole economy for the purpose of embracing capitals from the Mainland. The Financial Services Development Council is exactly an organization for this very purpose. I have made this point many times before.
With the numerous rewards for property developers and red consortia, and also the political rewards for "royalists" to make sure that they will spare him from the death penalty, the work of distribution alone is literally exhausting. All those commissions and committees are so large in number that we can literally say "flowers blooming all over the land". The reason for this is very simple: first, for reward purpose and second, for facilitating control to make sure that all those fools who have received rewards will continue to vote for him, while those competent cadres steer the situation behind the scene.
President, I maintain that LEUNG Chun-ying should at least suspend himself from duty with immediate effect and accept investigation by the Independent Commission Against Corruption (ICAC). Donald TSANG is indeed very sly and wicked. When asked why he did not want to be appointed to the CPPCC, he explained that since he was under investigation by the ICAC, it was not appropriate for him to accept such appointment at this stage. He has left office, and he has no authority to give any directions to "Keung-kwok YUEN"1 ― this is no misnomer indeed. The previous Chief Executive, who has already left office, has no authority to give any orders to the Commissioner of the ICAC. But the incumbent Chief Executive can issue orders to the Secretary for Justice
1 "Keung-kwok YUEN" is an anagram of "YUEN (袁) Kwok-keung (國 強), the transliteration of the Chinese name of Rimsky YUEN, the Secretary for Justice. "Keung-kwok (強 國)", literally a powerful nation in English, is in popular use by Hong Kong people to satirize China for behaving like a parvenu. LEGISLATIVE COUNCIL ─ 1 February 2013 6381 because the latter is accountable to the former. If even Donald TSANG still has a sense of shame and shies away from joining the CPPCC, then shouldn't LEUNG Chun-ying, who is directly involved in conflicts of interests, find it even more necessary to suspend himself from duty, go away voluntarily and let Chief Secretary Carrie LAM stand in for him, pending the outcome of the ICAC investigation?
Therefore, Donald TSANG is indeed extremely sly and wicked. Even a simple reply of his is as sharp as a dagger. But what can you say anyway? Since you have got into such big trouble, he will of course jeer at you with all sorts of backhanders. As the saying goes, an innocent man will be proved innocent somehow. You cannot expect to be proved innocent by clinging to your present post; rather, you should give up all the power and influence, and all the privileges that can enable you to avoid judicial sanctions or investigation. Or, you should step down for the time being to say the very least. LEUNG Chun-ying, are you capable of doing so? Are you capable of doing so? Do you have the guts to do so? If you do not, then just "get lost".
However, LEUNG Chun-ying, I can tell you that I am not afraid of you. I know that I am not going to die for the time being because Mr LEW Mon-hung is still alive. The objective of LEUNG Chun-ying's administration is to eliminate Mr LEW Mon-hung, and LEUNG Kwok-hung is at worst the second target. That is why I am not afraid. But once Mr LEW Mon-hung is eliminated, I may be a bit afraid. Mr LEW Mon-hung only uttered a word or two, but he was already given the severest punishment and arrested on 8 January.
I have been watching LEUNG Chun-ying's rise to power and fall from height. The whole process has struck me very deeply. Under the decadent system of coterie elections, only villains can rise to power, and he is a man who has undergone all the decadent events over the past 15 years. Initially a member of the Executive Council, he later ascended to the position of the Convenor of the Executive Council. Eventually, he contested the post of Chief Executive. After 15 years of immersion, he is particularly evil. Others have three "sixes" in here, but he has even four "sixes". All this proves that while a system enables villains to commit greater depravities, bigger villains will in turn make the system even more evil.
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President, in this Chamber, we will definitely lose. But I think that on 1 July, Hong Kong people should go to Central, the very symbol of high status, importance and power. They should occupy Central. We want CY to step down in apology to all Hong Kong people. You are ever-victorious in this Chamber, but 1 July will be the day of reckoning for you.
Once we are inside this legislature, we seem to be in a different magnetic field where the belief that "the evil can never prevail over the virtuous" has become falsehood. In here, the evil forever triumphs over the virtuous. That is why I am very afraid to come back here. In here, people confound right and wrong. When I want to press the 1/F button in a lift, I end up pressing the 10/F button, and when I want to press the 10/F button, I find myself pressing the 1/F button. All is because right and wrong are seriously confused here. I am presently considering whether I should continue to serve as a Member lest I cannot strike a balance and serious consequences may result. However, I do enjoy one advantage, the advantage that I can energize myself by talking to people in the streets. The people of Hong Kong, we are the losers in this Chamber, and "Long Hair" is under severe oppression here. But you people must take to the streets to show your strength. Take to the streets on 1 July, on 1 July, (The buzzer sounded) …… so as to oust "689".
PRESIDENT (in Cantonese): Mr LEUNG, your speaking time is up.
MR LEUNG KWOK-HUNG (in Cantonese): I know. My speaking time is up, right?
PRESIDENT (in Cantonese): Please stop speaking.
MR LEUNG KWOK-HUNG (in Cantonese): Thank you, President.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
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MR PAUL TSE (in Cantonese): President, for members of the public sitting in front of the television, if they find the television volume dropping suddenly, there is actually nothing wrong with the television. This is all because it has been very noisy here over the past 45 minutes and the sound volume has just resumed normal.
President, I believe we have all listened to the speeches delivered by a number of Members just now. Motion debates like this one, according to our tradition, is actually a mere platform for Members to comment on the contents of the Policy Address or express their own views. Basically, it is our convention that we do not have to vote for or against the contents of the Policy Address, and the voting is therefore nothing more than a ritual. Hence, as usual, I will adhere to this convention and cast a supportive vote.
We have certainly heard a wide spectrum of views on the contents of the Policy Address. President, one of the debate themes of this session is political system. Many of the public opinions regarding this Policy Address consider that the Policy Address seems to have focused on only one aspect and overlooked all the others, and hence its job is not fully done. I am afraid I have to say that I agree with this view. In particular, constitutional reform, which is one of the most important debate subjects, is touched upon in paragraphs 194 and 195 only, and the remaining parts of the entire Policy Address have made no mention of it at all.
Certainly, some conspiracy theories may suggest that the Government is probably trying to delay the whole matter to the last minute as far as possible, so that it could play dirty tricks when the time comes. I believe this is not the real intention of the Government, nor should this be its attitude. On the contrary, as this issue is so important, I consider that this Policy Address should at least give us an account of the direction the entire matter will be moving along. In reply to questions, Mr LEUNG Chun-ying always says consultation will be conducted in due course. I believe many members of the public are very much fed up with this phrase "in due course", as Chief Executive LEUNG Chun-ying has, in many cases, resorted to saying that he would "respond in due course" when he did not want to answer the questions raised to him. But what time would that be? I am afraid this is totally unacceptable. I hope we can get a more specific answer and approach in this respect.
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President, just now some Members mentioned issues relating to the principle of "one country, two systems". I agree very much with the view that even though we have been reunited with the Mainland for more than 15 years, the true spirit of "one country, two systems" has yet to be fully realized. All we have is just an outer shell. We have so many problems within the Special Administrative Region, and we are getting more and more dissatisfied with the Central Government. Besides, we have harboured increasing negative feelings towards our compatriots on the north side of the Shenzhen River, so much so that some of the criticisms are indeed nasty personal attacks. These are proofs that our implementation of "one country, two systems" is a total failure. I am afraid this is all because the work that has to be done has not been carried out appropriately by the Government or other relevant private organizations over the past years. Every year, we spent more than $10 million on some Announcement of Public Interests (APIs), but the contents of such APIs are very shallow, talking briefly about the articles of the Basic Law without expounding on the details involved in the relevant provisions. What is more, when it comes to some rather ambiguous definitions or controversial issues like interpretation of the Basic Law, when an interpretation should be sought and the powers and authority involved, and so on, the APIs can hardly offer any help to members of the public who really wish to learn more or have an interest in current affairs.
Members of the public are all very busy. If we do nothing more than engaging in some discussions or debates, and the Government's APIs can only serve some propaganda purposes, our concept of "one country, two systems" is still very superficial. This is by no means conducive to the real implementation of "one country, two systems" or the mutual co-operation and mutual respect between Hong Kong and the Mainland. In this connection, I hope that in addition to taking forward the constitutional reform, the Government will put in much greater efforts to genuinely realize and promote the true spirits of "one country, two systems". Even the architect or designer of the concept of "one country, two systems", Mr DENG Xiaoping, has talked about the implementation of "one country, two systems", the way in which Hong Kong should be governed, who should be governing Hong Kong, and so on. We can all recall clearly that some time around 1983, certain delegations from Hong Kong visited Beijing and raised questions on the way Hong Kong would be governed and who would be governing Hong Kong. The idea received was very clear, and that was we should not lean too much to the "left" or to the "right", and it would be better if we could be "middle-of-the-road" as far as possible. Unfortunately, we have not LEGISLATIVE COUNCIL ─ 1 February 2013 6385 drawn any lesson from experience in this respect, and are leaning more and more to the left instead. The current-term Government gives people the impression that it has not shrewdly sensed that this is the most sensitive and most difficult part of "one country, two systems". On the contrary, as reflected in its "left-biased" personnel arrangements, policies and measures, our Government seems to be heading clearly towards the opposite direction, and this is very detrimental to the continuous implementation of "one country, two systems" in Hong Kong. I just hope that the relevant government officials, and particularly our Chief Executive, will reflect upon their decisions more frequently.
President, one example I must cite is that while we are all concerned about the accusations Mr LEW Mon-hung has made against Mr LEUNG Chun-ying, it seems that Members' concern is mainly focused on whether or not any illegal conduct is involved, such as vote-buying or other things. In my view, however, a more important point is that that many a time we have overlooked an essential point of fact Mr LEUNG Chun-ying probably cannot deny, that is: he has used the Chief Executive's stationery to recommend Mr LEW Mon-hung, in black and white, for appointment as Standing Committee member of the Chinese People's Political Consultative Conference (CPPCC).
We have no idea how many incumbent and former officials of the Hong Kong Government or members of the public Mr LEUNG Chun-ying has also strongly recommended for appointment. Yet I believe this act of his has totally contravened the spirit of "one country, two systems". To begin with, according to the authority of the Chief Executive prescribed under the Basic Law, he does not have any power to recommend any persons for appointment as or appoint them as CPPCC members or deputies to the National People's Congress. He has nothing to do with such appointment procedures. The Chief Executive should not actively do such things in his official capacity.
Besides, President, what he has done was totally in contravention of the spirit of "one country, two systems" I refer to just now. Given that we have been vigorously raising objection to the Central Government and personnel or officials from different levels of Mainland government who comes to interfere with the policies and affairs of Hong Kong, what grounds does our Chief Executive have to intervene into the appointment of CPPCC members on the Mainland in his capacity as the Chief Executive of Hong Kong?
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Further still, President, the most critical point is that once the relevant persons are appointed, they will be playing a very important role and will have an influence on our Chief Executive Election to be held in 2017, regardless of whether they are appointed as a standing member or the even more important Vice Chairman. In official and unofficial contexts alike, the appointments will have a certain degree of influence on the Chief Executive Election to be held in 2017.
In this connection, I particularly notice that Mr LEUNG Chun-ying has mentioned in public …… I have no idea whether he has started working out his election expenses, but he did have indicated an interest in seeking re-election in 2017. Is he intentionally and unintentionally making some due arrangements in this respect? Even if he does not have that in mind, the fact that he has caused others to harbour such feeling, conception or idea is already detrimental enough to Hong Kong.
Hence, I hope that Mr LEUNG Chun-ying will clarify in public what his original intent was when he has the chance to do so, and make clear to us the number of persons he has recommended for appointment in writing or verbally, so that the people of Hong Kong can have an idea of what is going on.
President, I have stressed many times that we have a very important notion under the political regime of Hong Kong, and that is the so-called healthy system of democracy. The most important element of this system is that everything has to proceed through consultation. The proven effective measure adopted by the Government in this respect is to conduct comprehensive consultation involving all parties. However, in many cases, the consultation process and the consolidation of the consultation results are either superficial or nothing more than a routine.
When it comes to land resumption and development issues, we have seen many times that the incurred disputes are most often attributable to the insufficient, delayed or impracticable consultations conducted by the Government. Hence, I hope the Government can draw lessons from its experience in this connection and refrain from further intensifying the grievances of the public. This is one very important point.
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In addition, I also hope that Mr LEUNG Chun-ying and the current-term Government will attach more importance to "due process". This is because we have noticed that more and more policies were either rolled out as soon as they were ready or rolled out in a hurry, seemingly neglecting totally the excellent tradition that Hong Kong has upheld over the years, which is our due process, and by that I mean the Government has to proceed in full compliance with the appropriate administrative procedures.
Even though paragraph 196 of the Policy Address has complimented the Civil Service, such an attempt is indeed futile. Mere compliment is meaningless (The buzzer sounded) …… the said spirit must be duly respected. Thank you, President.
MR ALAN LEONG (in Cantonese): President, Hong Kong's deep-rooted conflicts have been mentioned by State leaders very frequently over the years. Deep-rooted conflicts are in fact the manifestation of the uneven distribution of social resources and the fruit of economic activities. If LEUNG Chun-ying really wants to tackle the deep-rooted conflicts, he should see the outlining of a policy blueprint for his five-year term as the best opportunity for him to show how he is going to make Hong Kong a fairer place, and how he intends to give young people the hope of having a set of fair electoral systems that can make their voices heard.
Just now, some Members of this Council said that we should not be so simple, remarking that universal suffrage could never solve all the existing problems. I am not so simple, nor am I so naive. I only know that without a widely accepted system of political mandate, we simply cannot start tackling the problems.
What is LEUNG Chun-ying doing now? LEUNG Chun-ying is now trying to "embrace one camp and strike the other camp". President, just now, some Members talked about Mr DENG Xiaoping's theory of running Hong Kong. According to him, the number of leftists and rightists must not be too big, and those responsible for running Hong Kong should mostly be centrists, that is, civil servants and professionals. But instead of heeding good advice, LEUNG Chun-ying has copied the communist strategy of mobilizing the masses, in a bid to control and manipulate them to the advantage of his rule. We must keep a 6388 LEGISLATIVE COUNCIL ─ 1 February 2013 highly vigilant eye on his acts because he is driving the leftists and rightists mentioned by DENG Xiaoping to a state of direct confrontation, thus causing the rising popularity of ultra-leftism and ultra-rightism. The centrists will thus shrink in strength, and political polarization in Hong Kong will emerge in the end, thus plunging Hong Kong people into sharp division and dissension. I hope Hong Kong people can discern the evil intention of LEUNG Chun-ying.
President, all this is not the end of the problem. He has not done any real work, has not put forward any constitutional reform proposal for public consultation, and has not activated the "five-step mechanism" for constitutional reform. His act of further splitting up Hong Kong under the strategy of "embracing one camp and striking the other camp" is once again manifested in the livelihood policies he puts forward in the Policy Address. President, perhaps you also remember that when the Chief Executive was delivering the Policy Address right next to you, he mentioned that young people should not stand in the way of development, lest there might be no land for housing construction and they might victimize themselves in the end. What is the point of these words? The point is to cause the confrontation between environmentalism and conservation on the one hand and development on the other. This is yet another example of "embracing one camp and striking the other camp".
What is more, he also adopts the policy of "choosing 'LEUNG fans' only" and "choosing leftists only". President, what kind of "Hong Kong camp" is this? He puts "LEUNG fans" and "non-LEUNG fans" into a state of confrontation, splits up the destitute into the impoverished and the more impoverished, and causes the confrontation between the rich and the poor, as well as the hostilities and struggles between democrats and non-democrats. According to Mr LEW Mon-hung, he once described his relationship with the democratic camp as "contradictions between us and the enemy". President, I believe LEW Mon-hung because the LEUNG Chun-ying that I know is absolutely capable of saying such words.
President, if the situation persists, I am afraid that Hong Kong may have to be reborn from ashes like the phoenix. This will be a very painful process, and I do not want Hong Kong to experience it. Therefore, the people of Hong Kong must remain vigilant. By demanding the stepping down of LEUNG Chun-ying, we do not only want to oust a Chief Executive devoid of any integrity, courage and planning initiative, but we also want to say a clear "no" to his strategy of LEGISLATIVE COUNCIL ─ 1 February 2013 6389
"embracing one camp and striking the other camp", the very communist governing tactic of mobilizing the masses for the sake of controlling and manipulating them.
Many Members have said that the Policy Address says almost nothing on constitutional reform. LEUNG Chun-ying said in a Chief Executive's Question and Answer Session, "We still have plenty of time." As the President may still remember, the second term of office of the previous Chief Executive, Donald TSANG, started in 2007. At that time, there were still five years before the next general election in 2012, but Donald TSANG already walked the first step of the "five-step mechanism" for constitutional reform in December 2007, submitting a report to the Central Government and requesting amendments to the two electoral methods for the selection of the Chief Executive and the formation of the Legislative Council in 2012. President, at that time, he still had five years, while LEUNG Chun-ying now has only four years ― because there are only four years before the general election in September 2016. Nevertheless, LEUNG Chun-Ying has no intention whatsoever to walk the first step. What is his logic? Does he have plenty of time? Does he have 72 hours a day? From this, we can already know that he has no intention whatsoever to take forward constitutional reform and let the deep-rooted conflicts in Hong Kong see even a ray of hope. He is really a man of very evil intention. It is small wonder that some people believe that one of his four major political missions is to design a system of "bogus universal suffrage" for Hong Kong. His behaviour so far inevitably makes people think that way.
President, Hong Kong is now caught in a state of very difficult governance, and his treacherous nature is fully shown in the Policy Address this time around. I believe Chief Secretary for Administration Carrie LAM will give her response later, and I hope she will respond to this point. Why is that in such an unprecedented manner, this Policy Address is not accompanied by any policy agenda? As a term in English, "policy agenda" is something that reflects the vision of governance, and it invariably contains various objective indicators and standards that give us a basis for monitoring the Chief Executive's governance. But he does not provide any such indicators and standards because he is lazy in the job of governance. His only concerns are the political missions assigned to him.
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President, the Civic Party cannot find any reason for supporting the Policy Address this time around; it actually shows no courage, no planning, no commitment and no visions. We will show our stance by opposing this Motion of Thanks proposed by Mr Andrew LEUNG.
I so submit.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR TAM YIU-CHUNG (in Cantonese): President, I have less than five minutes to speak. Let me take this opportunity to describe what I have heard and seen in the districts recently.
The people having contacts with me have told me some views. The old and new acquaintances seeing me on different social occasions and also the neighbours and kaifongs in my neighbourhood have all told me of their feelings about the recent happenings in society. Without being asked, they have expressed to me their hope that the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) can support CY, so that he can have time to do his work. They have also told me of their further observation that at some special meetings in the past few months, some Members never stopped demanding LEUNG Chun-ying to step down, and these Members also chided him, assailed him and insulted him frequently. They are sick and tired of all this, querying what good such a situation can do to Hong Kong anyway.
Furthermore, some kaifongs say that we are really superb, because we always have patience and never lose our temper despite all the acrid remarks we frequently hear in the legislature. Our reply is that we are already used to such remarks, and that, very honestly, these Members simply delight in chiding others because once they start speaking, they will scold other people. However, some kaifongs have also told us of their fear that if such a situation continues, their children may be affected, because if small children are exposed to all such tirades so very often, they may be influenced and follow suit. In that case, they will not know what to do. All this reflects the worries of some women and parents.
I hope such a situation will not continue, because it really does Hong Kong no good. As I remarked in my speech yesterday, the Policy Address is not LEGISLATIVE COUNCIL ─ 1 February 2013 6391 worthless, nor is it completely messy or devoid of any substance. Quite the contrary, the Policy Address contains some matters of substance. The DAB considers that the directions put forward in the Policy Address are correct. Regarding some of the proposals, measures and initiatives, we need to make joint efforts and put forward our views, so that a better job can be done.
Sunday after next will be the first day of the Chinese New Year. There is one greeting which we often say during the Chinese New Year: "Family harmony brings prosperity on all fronts". I hope that Members can strive to achieve harmony, so as to bring prosperity on all fronts. In my opinion, a society or family engaging day and night in blaming, rebuking, reproach and quarrels will end up having bad luck. As the Year of the Snake is fast approaching, let me wish everybody good luck.
We will support Mr Andrew LEUNG's motion. Thank you, President.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
MR ALBERT HO (in Cantonese): President, Mr TAM Yiu-chung has talked about the need for social harmony, remarking that there must be fewer accusations, criticisms and admonishments. Some societies are very harmonious, as people only clap and practically say nothing at meetings. However, in such societies, one sees the bankruptcy of integrity, the sale of fake formula milk, "foodstuffs" that can be anything but what their names suggest, and the faking of everything imaginable or unimaginable. Do we want to become such a society, such a "harmonious" society? I hope that we can refrain from creating such illusory harmony, and I do not wish to see the making of fake formula milk in Hong Kong either.
President, the one asset which Hong Kong still possesses nowadays is our freedom to speak whatever we like. On unfair and unjust issues, we are at least left with some liberty to speak according to our conscience. Such liberty is still allowed in the legislature today, but it will be slowly compressed and eroded ― if our society remains oblivious to the importance of distinguishing right and wrong. President and Honourable Members, this explains why we are so concerned about LEUNG Chun-ying's integrity. The point is not so much about 6392 LEGISLATIVE COUNCIL ─ 1 February 2013 the telling of one lie, but about the attitude of the head of the Government, an attitude which sees nothing wrong with telling falsehood, and which makes telling lies almost an automatic act producing no adverse consequence whatsoever. This is most dangerous. When black and white are confounded, society will lose its way, and our future generations will similarly lose their way. For this reason, today, let us start by insisting on telling the truth. There is no question of making any compromise. We do not want any illusory harmony. Do not listen to Mr TAM Yiu-chung's theory that by preserving harmony, and by preserving harmony, we can overcome all problems.
PRESIDENT (in Cantonese): Mr HO, your speaking time is up. Does any other Member wish to speak?
(No Member indicated a wish to speak)
PRESIDENT (in Cantonese): If no, Members ……
(Mr WONG Kwok-hing rose to his feet and indicated his wish to speak)
PRESIDENT (in Cantonese): Would Members wishing to speak please make an indication earlier? Mr WONG Kwok-hing, please speak.
MR WONG KWOK-HING (in Cantonese): President, this is my tenth year in the Legislative Council. Over these 10 years, I have experienced the administration of TUNG Chee-hwa, Donald TSANG and LEUNG Chun-ying now, and I have also worked with my pan-democratic colleagues all these times. Despite all the differences in political views, the political stances and convictions of my pan-democratic colleagues do have my very great respect.
At this very juncture when the new-term Government has just commenced, I wish to offer some advice to my pan-democratic colleagues and friends. After the voting later on, I hope that with the furtherance and defence of Hong Kong people's interests as the top priority, all of us can start to seek maximum common ground, accommodate maximum differences and work for maximum benefits. I LEGISLATIVE COUNCIL ─ 1 February 2013 6393 am talking about the well-being of the masses and the interests of the people. We hope that all of us can put aside our prejudices and stop arguing for the time being, so that Hong Kong can have a rest and regain its strength, thus enabling different social sectors to make focused efforts to resolve the many deep-rooted conflicts amassed throughout the years and pragmatically improve people's livelihood.
President, the incumbent Chief Executive, Mr LEUNG Chun-ying, was already asked to step down even before taking office. And, since taking office, he has never been able to spend even one single day without hearing calls for his stepping down. My pan-democratic colleagues and friends, my pan-democratic colleagues and friends, I suppose however much you want to chide him, you should have done all you want by now, and you should have given him the severest possible humiliation and insult by now. What is the point of going on like this?
President, one-tenth of the present Government's five-year term has already passed. If such a situation continues in the coming five years, then together with the past 15 years, we will be wasting two decades out of the 50 years in which things are to remain unchanged. This means 20 years, or two-fifths of the time. As rightly asked by CHAI Kau, how many decades can there be in one's life? If we continue like this in the coming five years, two decades will be lost.
Honourable Members, the Kuomintang and the Communist Party used to be the two absolutely irreconcilable belligerents in a civil war that spanned decades in the past. Their conflicts can be described as unprecedented. However, as the saying goes, "despite all the vicissitudes, our brotherhood remains intact; however much hatred we have for each other, a greeting with a smile can wipe it all out", and as we can all observe in recent decades, the huge iceberg standing between both sides of the Taiwan Strait has gradually thawed. The latest development has even seen Democratic Progressive Party leaders set foot on the Mainland.
Looking back at Hong Kong, is there any need for our pan-democratic friends and colleagues to continue with the present irreconcilable stance, which sees only confrontation but no dialogue and only struggle but no compromise, leaving no channels of seeking solutions? Applause is music to everyone's ears, but it takes two hands to clap. Therefore, I wish to take this opportunity to 6394 LEGISLATIVE COUNCIL ─ 1 February 2013 sincerely call upon our pan-democratic friends and colleagues to put the interests of Hong Kong people first, seek maximum common ground, accommodate maximum differences, work for the maximum benefit and put aside their prejudices, so as to contribute to the building of Hong Kong and improve people's livelihood. If they can do so, Hong Kong people will enjoy great happiness. Thank you.
PRESIDENT (in Cantonese): Does any other Member wish to speak?
(No Member indicated a wish to speak)
PRESIDENT (in Cantonese): That wraps up the speeches made by Members. I now invite public officers to speak. There will have six public officers speaking in this debate session. They may speak for up to a total of 90 minutes.
SECRETARY FOR JUSTICE (in Cantonese): President, I would like to thank Members for the opinions they have put forward on the rule of law and related areas. I am going to give a concise reply to the views expressed by them.
As we all know, the rule of law is the cornerstone of Hong Kong's success. The Basic Law upholds the rule of law in Hong Kong and provides a solid platform for it in the future. As stated in the Policy Address, the SAR Government will continue to vigorously uphold the rule of law and related core values. A Member has proposed an amendment, pointing out that the Policy Address does not give much treatment to issues such as the rule of law. In this regard, I wish to draw your attention to three parts of the Policy Address.
Firstly, as stated in paragraph 9 of the Policy Address, the Government "will uphold our core values, implement 'one country, two systems' in accordance with the Basic Law". Secondly, as mentioned in paragraph 39 of the Policy Address, the Administration will "enhance our position as a legal services hub in the Asia-Pacific region and strengthen our role as an international legal services centre". Thirdly, paragraph 197 makes it a point to say that "judicial independence and the rule of law are not only our cherished core values but also the cornerstone of Hong Kong's success. The Government is steadfastly LEGISLATIVE COUNCIL ─ 1 February 2013 6395 committed to upholding these core values". The Chief Executive has reiterated in the Policy Address the Government's determination to uphold the rule of law, thus reflecting that the SAR Government is truly very concerned about it.
All topics are different in nature, each with its unique background. Owing to length constraint, the Policy Address must handle each topic differently in the light of its nature, situation and background. For this reason, we should not judge the SAR Government's determination to uphold the rule of law and related topics on the basis of the length and order of treatment.
As a matter of fact, Hong Kong has been doing very well in upholding the rule of law, and its achievements in this regard are widely recognized by the international community and world-renowned legal bodies. Therefore, we should not make any drastic moves in respect of upholding the rule of law. Instead, what we need are some appropriate measures that have wholesome effects on the rule of law in Hong Kong.
The words in the Policy Address concerning the rule of law, contrary to Mr Dennis KWOK's comment, are neither empty words nor empty promises. Two days before the delivery of the Policy Address, at the Ceremonial Opening of the Legal Year, I reiterated in my speech the determination of the SAR Government to uphold the rule of law and highlighted the work agenda of the Department of Justice (DoJ) in the time to come. On the same day when the Policy Address was delivered, the DoJ submitted a number of papers to the Legislative Council Panel on Administration of Justice and Legal Services, outlining a number of specific tasks and policy measures. These papers are closely related to the Policy Address, and the two should be considered as a whole.
As the papers submitted on 22 January already offer a detailed account of the future tasks of the DoJ, I do not intend to make any repetition here but would like to highlight the following four points instead. First, the DoJ will, in accordance with the law, provide all government departments with independent and professional legal services, including the provision of legal advice and representing the Government in legal proceedings. Second, we will provide a prosecution service which is modern, fair and just. Third, we will make our laws more easily understandable and readable. Fourth, we will enhance and strengthen Hong Kong's status as a centre for legal services and dispute resolution 6396 LEGISLATIVE COUNCIL ─ 1 February 2013 in the Asia-Pacific region, and will in particular promote the development of arbitration and mediation services.
A Member has talked about the move made by the DoJ in the course of handling the case of foreign domestic helpers for the purpose of requesting the Court of Final Appeal (CFA) to consider seeking an interpretation of the Basic Law by the Standing Committee of the National People's Congress (NPCSC), saying that people in the legal sector query the appropriateness of this move. Members have also suggested amending Article 24 of the Basic Law. As I mentioned at the Ceremonial Opening of the Legal Year some two weeks ago, whenever legal proceedings would bring about significant social, economic or political impact on our society, it is perfectly understandable that they would give rise to public debates.
I hope that while voicing their queries, people from different social sectors can conduct rational and impartial analysis when considering this issue. I also hope they can note that while queries are heard, there are also university professors, barristers in private practice and Basic Law experts who maintain that the move of the DoJ this time around will not damage the rule of law.
Legal problems should be resolved under the judicial system. This is an important segment of the rule of law concept. I must stress once again that no impacts on our rule of law and judicial independence will arise from the move of the DoJ to request the CFA to consider seeking clarification from the NPCSC under Article 158(3) of the Basic Law (BL 158(3)) on the legal effect of the Basic Law interpretation in 1999. Furthermore, the request is also in line with the concept of "hoping to resolve the relevant issue under the legal system of Hong Kong" which I have been emphasizing.
Mr Dennis KWOK has criticized the system of Basic Law interpretation by the NPCSC for its lack of any transparency, and he has also criticized the justifications for seeking Basic Law interpretation. In the Congo case not long ago, the CFA agreed to seek an interpretation of the Basic Law by the NPCSC under BL 158(3), and delivered its first judgment spelling out all the justifications and analyses before the NPCSC gave its interpretation. In its subsequent interpretation, the NPCSC basically took on board the analyses made by the CFA. The aforesaid approach is generally accepted by Hong Kong and the international LEGISLATIVE COUNCIL ─ 1 February 2013 6397 community, thus underscoring that Basic Law interpretation under BL 158(3) will have no impacts on Hong Kong's judicial system.
Mr Dennis KWOK advocates the setting up of an independent legal aid authority, and says that the Policy Address does not contain any clear commitment to providing the Judiciary with adequate resources. Strictly speaking, these two areas of work do not fall within the purview of the DoJ. Nevertheless, as both of them are related to upholding the rule of law, please allow me to give a simple response of two points. First of all, according to the Legal Aid Services Council Ordinance, the Legal Aid Services Council (LASC) is responsible for advising the Chief Executive on whether to set up an independent legal aid authority. I understand that last year, the LASC already commissioned an independent consultant to produce a study report. As the consultant is still compiling its report, the Government cannot possibly make any policy decisions on this issue at this stage before studying the consultancy report and the views of the LASC. If it does so, it will run counter to the spirit of the Legal Aid Services Council Ordinance. Secondly, the SAR Government has always supported judicial independence and provided adequate resources for the Judiciary for the purpose of facilitating judicial development. The absence of any clear and open commitment in this regard in the Policy Address does not mean that the Government will not continue to support judicial independence.
With these remarks, President, I call upon Members to support the Motion of Thanks. Thank you, President.
SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): President, I now give a concise reply on the several issues raised by Honourable Members in their speeches, including constitutional development, District Council (DC) seats, equal opportunities, access to information and privacy protection.
In regard to constitutional development, since the reunification, the SAR Government has been promoting the forward development of Hong Kong's political system in accordance with the provisions of the Basic Law and the relevant Decision of the Standing Committee of the National People's Congress (NPCSC). In December 2007, the NPCSC adopted the Decision and set down a clear timetable for implementing universal suffrage in Hong Kong: the election of 6398 LEGISLATIVE COUNCIL ─ 1 February 2013 the Chief Executive in the year 2017 may be implemented by the method of universal suffrage; after the Chief Executive is selected by universal suffrage, the election of the Legislative Council may be implemented by the method of electing all the Members by universal suffrage.
With legal effects, the Decision of the NPCSC is a solemn decision. The SAR Government will definitely do its utmost to promote the goal of implementing universal suffrage in accordance with the provisions of the Basic Law and the relevant Decision of the NPCSC.
The current-term Government will formulate the methods for the Legislative Council Election in 2016 and the Chief Executive Election in 2017. As the Chief Executive states clearly in the Policy Address, the SAR Government will initiate the constitutional procedures at an appropriate juncture and extensively consult the various social sectors, including the views of the Legislative Council.
In their speeches, some Members requested the SAR Government to expeditiously activate the relevant procedures and commence public consultation on the methods for these two elections. We understand Members' concern. As a matter of fact, a Member has already moved a motion on constitutional development for debate at a Council meeting this month. As the Chief Executive said, the top priority of the current-term Government is to address pressing livelihood problems of grave public concern such as housing, poverty alleviation, and so on. However, we will definitely reserve sufficient time for conducting adequate discussion on the two electoral methods in society and completing the relevant legal procedures.
Moreover, some Members have put forward concrete views on the Legislative Council Election in 2016 and the Chief Executive Election in 2017. On these specific issues, the SAR Government has not yet formulated any specific proposals. When conducting public consultation, the SAR Government will listen carefully to people's views on these issues.
Regarding DC seats, we will enact legislation on abolishing appointed DC seats all in one go, meaning that beginning from the next DC term, that is, with effect from 1 January 2016, there will be no more appointed DC seats. We will submit an amendment bill to the Legislative Council no later than March. In LEGISLATIVE COUNCIL ─ 1 February 2013 6399 addition, we will review the number of elected DC members in the near future on the basis of the latest population projection, and we plan to consult the Panel on Constitutional Affairs of the Legislative Council on this matter in the second quarter of this year.
In respect of equal opportunities, some Members have put forward views on how to protect people of different sexual orientations against discrimination. The Chief Executive has already put forth his views on this issue in the Policy Address. I wish to add a few points here.
The SAR Government's long-standing conviction is that all people are born equal, and that nobody should discriminate against, insult or vilify others for the reason that others are different from him. This principle of course also applies to people of different sexual orientations. At the same time, many people in society strongly insist on the principle of upholding the current fundamental social institutions, including the institutions of family and marriage. Regarding these divergent views, I believe it is possible to reinforce mutual respect, acceptance and accommodation through communications and rational discussions.
The SAR Government will step up its efforts and allocate additional resources for the purpose of conducting public education and publicity through various channels, with a view to promoting the message of equal opportunities for people of different sexual orientations, eliminating discrimination and fostering a culture of accommodation and mutual respect.
The Government has made an undertaking of striving to abide by the Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation (the Code of Practice). We will step up our publicity in this regard, and promote the Code of Practice among the management of various public and private organizations. Apart from calling upon organizations with employed staff to comply with the Code of Practice, we will also join hands with the Equal Opportunities Commission (EOC) and business associations to organize talks and make use of other platforms, so as to offer detailed explanation on the Code of Practice to the management of organizations. We will also explain the Code to school directors through the thematic seminars organized by the Education Bureau.
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We are now seeking to enhance our communication with stakeholders. In this connection, we are now considering the setting up of a new platform of communications and exchanges. We are also conducting a study on the relevant legislation and administrative measures found in overseas countries for the purpose of drawing reference from their approaches to handling sexual orientation discrimination. In addition, in order to better grasp the prevailing situation of discrimination against people of different sexual orientations, we plan to conduct related studies and research, and we will consider the EOC's views, so as to provide an up-to-date, objective and comprehensive basis for our future anti-discrimination efforts.
As regards access to information, the existing Code on Access to Information (the Code) serves as an effective mechanism for people to gain access to government information, and its operation is satisfactory. Members of the public who wish to gain access to any information held by the Government can apply to the relevant Policy Bureaux or departments according to the Code. Since the implementation of the Code in 1995, with respect to cases where the relevant Policy Bureaux and departments are in possession of the requested information, approval for releasing all the requested information has been given to more than 95% of the applications.
The existing arrangements also provide for a mechanism for conducting review and lodging complaints with The Ombudsman. In 2009, The Ombudsman reviewed the application of the Code, and subsequently put forward 11 improvement recommendations. With the exception of the Legislative Council Secretariat, which will shortly publish its policy on access to information, all the relevant recommendations have been implemented.
Furthermore, on 4 January this year, The Ombudsman announced that it would conduct investigation into the regime of access to information in Hong Kong on its own. On 14 January, the Secretary for Justice said that two subcommittees would be set up under the Law Reform Commission (LRC) to conduct their respective studies on the two important issues of access to information and an archives law. The subcommittees will thoroughly review the present situation in Hong Kong and look at the relevant laws in overseas jurisdictions in a comparative study, with a view to making appropriate recommendations on reform options that may have to be implemented.
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The SAR Government will make efforts to dovetail with the aforesaid studies and research projects, and will consider whether and how to further improve the existing access-to-information arrangements by making prudent reference to the recommendations in the reports of The Ombudsman and the LRC.
In respect of stalking, the recommendations put forth by the LRC are aimed at rendering legal protection to victims of stalking. In the public consultation exercise conducted by the Government last year, many media organizations expressed concerns about the possible impacts of the relevant recommendations on freedom of the press. We are now conducting further studies on the regulation scope, defences and operation of related laws in overseas countries, in a bid to explore feasible proposals and arrangements for addressing the aforesaid concerns. After completing the studies, we will once again consult the Legislative Council and listen to stakeholders' views before considering the way forward.
President, I so submit.
SECRETARY FOR HOME AFFAIRS (in Cantonese): President, I thank Members for their speeches. I would like to offer a concise reply to Members' views on district administration and legal aid.
The way forward for district administration is for the Government to devolve certain work and responsibilities to District Councils (DCs). We will provide more resources and support to DCs, and urge members of local communities to manage local affairs with the overall interests of society in mind.
In this direction, we will roll out the Signature Project Scheme (SPS) this year, under which $100 million will be earmarked for each district, so that the DC concerned can promote initiative and creativity, and champion and launch one to two large projects of benefit to local residents. Signature projects will contain elements of community engagement, and they can be works projects or thematic functions or services recognized by the districts concerned. DCs may co-operate with non-profit-making organizations, institutions or bodies according to their respective needs, so as to implement their projects flexibly.
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These projects will be relatively large in scale and are expected to benefit large numbers of people. All chosen projects will draw on the collective wisdom of local communities as well as the consensus of wisdom reached in the respective DCs. We also have a stringent system, and in addition to the obligation of DCs to closely monitor the implementation of each project, the Government and the Legislative Council will both play the role of gate-keeping. The process of choosing collaborative partners by DCs shall be based on the principles of fairness and transparency, and decisions must be made in accordance with approved criteria. All projects must be submitted in accordance with the established procedures to the relevant Panels of the Legislative Council for consultation and to the Finance Committee for funding approval. If an SPS project is a works project, it must also be submitted to the Public Works Subcommittee for scrutiny. The Home Affairs Department will establish a steering committee chaired by the Director of Home Affairs to closely oversee the implementation progress. We believe these monitoring and approval processes can ensure that the funds are properly used.
Many Members have all along advocated the devolvement of powers to DCs and giving them more resources to use at their own discretion. The SPS rolled out by the SAR Government aims to pool local wisdom and strength for furthering the well-being of the people. We of course hope that the SPS can be kick-started expeditiously for the benefit of the communities as early as possible. But the most important thing is that in the process of selecting their own projects, the various districts can forge an internal consensus and genuinely address local aspirations. While it may be easier for some districts to reach consensus as they have long aspired to certain major projects, some other districts may need more time for deliberation. Now all DCs are making active preparations, and their selection of projects is in full swing. I believe that as long as everybody can focus on the pressing needs of members of local communities and bear in mind the well-being of society as a whole, it will not be difficult to reach consensus on the selection of signature projects.
Regarding the issues mentioned by Mr IP Kwok-him, the Chief Executive has made an undertaking in the Policy Address. We will review the allowance and expense reimbursement arrangements for DC members as appropriate, including the arrangements for renting premises of DC members' offices.
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Legal aid services are an important segment of Hong Kong's legal system. At the end of last year, we already expanded the scopes of the Ordinary Legal Aid Scheme and the Supplementary Legal Aid Scheme (SLAS), and we also injected $100 million into the Supplementary Legal Aid Fund to support its operation.
Owing to the substantial relaxation of the financial eligibility limit, the number of approved cases under the SLAS saw an increase of over 30% in the year 2012, which has just drawn to a close. I understand that some Members hope that the Government can further expand the scope of legal aid and relax the financial eligibility limit as soon as possible. The Legal Aid Services Council (LASC) will conduct a review based on actual operational experience. We will report to the Legislative Council on the review progress in due course.
One of the statutory functions of the LASC as an independent statutory advisory body is to advise on the feasibility and desirability of establishing an independent legal aid authority. As mentioned by the Secretary for Justice just now, the LASC already appointed a consultant in 2011 to conduct a study on the relevant issues, and after considering the study report, it will submit its recommendations to the Chief Executive under the required procedure. Upon receipt of the report submitted by the LASC, the Government will study the recommendations in detail.
Currently, the professional staff of the Legal Aid Department (LAD) all provide legal aid services in accordance with the Legal Aid Ordinance, under which various safeguard measures are set out to ensure that the LAD can perform its functions in an independent and transparent manner. The Administration has never done anything to influence the operation of the LAD. We will seek to ensure that the LAD can continue to provide professional legal aid services in an independent and transparent manner under the Legal Aid Ordinance.
President, I so submit.
SECRETARY FOR THE CIVIL SERVICE (in Cantonese): President, Honourable Members, I will speak on the matters relating to the Civil Service. The Civil Service is the backbone of the Hong Kong Special Administrative Region Government. Constitutionally, the Civil Service is obliged to support the effective administration of the incumbent Government and the Chief 6404 LEGISLATIVE COUNCIL ─ 1 February 2013
Executive. All along, the work of our civil servants epitomizes six core values which include commitment to the rule of law, integrity, objectivity, political neutrality, accountability for decisions and actions, as well as maintaining the working attitude of professionalism and diligence.
Some Members are concerned whether the civil servants can continue to be politically neutral. In fact in this respect, after extensive consultation and taking reference from the experience in a number of overseas jurisdictions, we formulated in 2009 the Civil Service Code (the Code). The Code has laid out a clear framework on how the civil servants should work with the politically appointed officials under the political appointment system. The Code clearly states the roles in work, responsibilities and working relations of civil servants and politically appointed officials of different rankings. It has also laid down a complaint and appeal mechanism to deal with the concerns or worries of civil servants arising from the instructions or actions from the politically appointed officials. The Code has been operating smoothly since its implementation. However, we will continue to review the Code at appropriate times having regard to the implementation experience and the operational conditions.
Members are also concerned about the manpower of the Civil Service. In his Policy Address, the Chief Executive has especially extended his gratitude to the Civil Service for its support and co-ordination efforts, which made it possible for the fourth-term Government to roll out and implement many new policies and initiatives in the past six months. The Chief Executive also undertook that he would increase manpower in the next financial year. In our consideration of any manpower increase, we will definitely take account of the operational needs of front-line staff. As in the past, we will not be "fattening the top and thinning the bottom". For instance, among the 1 500 newly created positions in 2012-2013, 70% of them belong to entry ranks. In considering any increase of manpower, we also encourage departments to review their work flows and priorities, in order to enhance efficiency and to avoid overstaffing in the civil service structure.
In terms of management of the Civil Service, as in the past, we will place emphasis on the co-operative partnership of the Civil Service. We will strive to promote communication and understanding between the management and staff, especially front-line staff, with a view to building up a relation of mutual trust and understanding between them.
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Members are also concerned about the situation of non-civil service contract (NCSC) staff. The nature of service of NCSC staff is different from that of civil servants. NCSC staff mainly discharge time-limited, seasonal duties or those services under review; or provide the expertise or skills which are lacked in the Civil Service under certain circumstances. Civil servants, on the other hand, provide stable manpower to cope with long-term services which are required to be provided by civil servants.
Given the fundamental differences in their employment consideration, their terms and conditions of employment are not deemed to be comparable to each other. However, one of the guiding principles in determining NCSC staff is that their terms and conditions of service should be overall speaking no less favourable than those prescribed under the Employment Ordinance. Apart from this, we will remind Heads of Departments to provide comparable remuneration level according to market situations, so that NCSC staff can feel relieved in working in their respective departments while maintaining their working attractiveness in the market. On the other hand, we will from time to time review some long-term services required to be provided by civil servants, and will, where necessary, replace the NCSC posts concerned by civil service posts. From 2006 to date, about 5 000 such posts have been replaced by civil service posts. We will continue to review the employment of NCSC staff with the departments concerned, and will actively consider replacing NCSC posts with long-term need of service by civil service posts.
Regarding a Member's suggestion that priority consideration should be given to employing NCSC staff as civil servants, our established employment policy is to select the most suitable person to fill a vacant civil service post among the qualified applicants through an open, fair and competitive employment process. The introduction of a "through train" arrangement is unfair to those who are currently not working for the Government but are interested in applying for jobs in the Government, as this will deprive them of the opportunity to apply for civil service posts. This will also be against the principle of being open and fair. However, we welcome NCSC staff to participate in the open recruitment. Since they have accumulated experience in working for the Government, they generally will have certain edge over other applicants. In fact, according to our existing data, the success rate of NCSC staff in applying for civil service posts is as high as 17%, which is 2% higher than other applicants.
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In regard to agencies, we only limit to some unforeseeable, urgent or short-term needs of service. The period of employment will generally not longer than nine months.
Finally, Members have also mentioned the ageing situation of civil servants. The age profile of civil servants is similar to the overall age profiles of local population and working population. About two thirds of the civil servants fall into the age group of 40 to 59, while the remaining one third fall into the age group of 20 to 39. We project that the number of retired civil servants will increase in the coming 10 years, attaining a yearly average of about 6 900 people in the five-year period between 2016-2017 and 2020-2021. However, we expect that the number of retirees will slightly drop to a yearly average of about 6 100 people in the five-year period between 2021-2022 and 2025-2026, and this decreasing tendency will continue.
With more young comers into the Civil Service and the increasing number of expected retirees, we anticipate that the ageing phenomenon of civil servants will ease gradually. Since 2007-2008, we have abolished, in phases, the measure of an across-the-board suspension of open recruitment of civil servants. We will recruit more young people as civil servants. Among our new recruits, most of them fall into the age group of 20 to 29, while the age group of 30 to 39 has the second largest number of people.
As regards succession planning, we also have put in place an effective mechanism. I will meet various Directors of Bureaux and Heads of Departments regularly to assess the succession situation of individual departments and grades, so that we can identify earlier any succession problems and adopt some remedial measures at appropriate time. In order to dovetail with the succession planning work, we also provide civil servants with systematic training and development opportunities to enrich their exposure and enable them to learn the knowledge and skills required, so that they are equipped to carry out their responsibilities and well prepared to take up duties of higher ranks. Various bureaux and departments will continue to provide training to the new recruits and incumbent civil servants of different grades, especially middle-ranking staff with potentials.
This Government deeply understands that the civil servants are facing more and more challenges, while the public is increasingly demanding to the LEGISLATIVE COUNCIL ─ 1 February 2013 6407
Government. Nonetheless, we firmly believe that our Civil Service will continue to perform our duties conscientiously, have the courage to take responsibility, strictly adhere to our people-oriented belief and work in concert with the team of accountability officials in serving the public.
With these remarks, President, I hope Members can support the original motion.
Thank you.
SECRETARY FOR SECURITY (in Cantonese): President, I will give a concise reply to Members' views on the policy area of security. Regarding measures to combat parallel trading activities, Ms Claudia MO, Mr Gary FAN and Mr IP Kwok-him have all spoken on the related problems. The SAR Government is very concerned about the nuisance caused by frequent cross-boundary parallel trading activities to the daily life of North District residents. And, we are also very concerned about the current difficulties faced by local mothers who want to purchase infant formula milk in the market. The Chief Executive has instructed the relevant Policy Bureaux and departments to join hands and co-operate closely with the relevant Mainland departments, so as to clamp down on the conveying of formula milk by parallel traders, meet the needs of local mothers on a priority basis, and make sure that formula milk is always available for their purchase. The retail shortage of formula milk is directly related to parallel traders. The Chief Secretary for Administration has hastened to convene joint meetings of Policy Bureaux and departments over the past few days, leading to a series of decisions. A number of new measures were announced by the Government earlier this afternoon.
Regarding entry control, the Immigration Department (ImmD) has formulated a watch list of suspected parallel traders. Since September last year, about 2 000 trips made by suspected parallel traders have been denied entry. Yesterday alone, more than 200 people were denied entry. The ImmD will continue to step up entry control in respect of suspected parallel traders and will expand the watch list on the basis of intelligence and information analysis, so as to stop suspected parallel traders from entering Hong Kong on a continuous basis.
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Since September last year, law-enforcement agencies such as the ImmD, the Hong Kong Police Force and the Customs and Excise Department (C&ED) have been joining hands to hold a large-scale operation named Operation Windsand, under which the authorities arrested totally 599 Mainland residents suspected of breaching the conditions of stay due to involvement in parallel trading activities and 10 local residents suspected of employing illegal workers. Ninety-two of the arrested Mainland residents have been convicted and given prison sentences ranging from four weeks to two months. Some of the arrested persons are still under investigation, and the rest have been repatriated to the Mainland.
The police have also been conducting another operation named Operation Realpower, which seeks to combat parallel trading at source. Goods at a total value of $910,000, including 1 217 cans of formula milk, have been seized, and two lorries have been detained for investigation. Two Mainland residents who assisted in the conveying of 176 cans of formula milk have been convicted and sentenced to imprisonment for two months. Cross-department enforcement actions will be taken on an ongoing basis, and targeting on the constantly changing modus operandi of parallel trading activities, actions are taken at no fixed hours or fixed locations under the strategy of intercepting parallel trading activities at source. Enforcement actions are intelligence-based and will be adjusted in response to actual circumstances.
Regarding the customs co-operation between Shenzhen and Hong Kong as well as their joint efforts to combat the conveying of formula milk by parallel traders, the customs authorities of the two places already launched a special programme named "Shield of National Gate" last year. In response to the latest situation, the C&ED and the Shenzhen customs will further strengthen enforcement efforts starting from today (1 February) by launching a special joint operation against the conveying of daily commodities, in particular baby milk formula, by parallel traders. The actions include:
(a) Monitoring parallel trading activities at boundary control points
Shenzhen customs officers will be notified by C&ED officers via a hotline of on-site activities involving the conveying of infant milk formula by parallel traders, and Shenzhen customs will then carry out enforcement action;
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(b) Enhancing intelligence exchange
The C&ED and Shenzhen customs will conduct intelligence exchanges, investigation and research and will also carry out joint investigation. By targeting on the sources of supply, distribution, transportation and storage and distribution of products on the Mainland, and so on, the supply chain of the infant milk formula parallel trade will be interrupted;
(c) Enhancing checks on travellers at boundary control points
With immediate effect, and at all boundary control points linking Hong Kong and Shenzhen, the Shenzhen customs will strengthen inspections of daily commodities, especially infant milk formula. Full inspections will be conducted at all boundary control points on passengers who are found or suspected of carrying infant milk formula; and
(d) Implementing a passenger arrival monitoring system
The Shenzhen customs has implemented an information management system to keep track of passengers' arrival records on a single day or within a short period of time so as to support the Shenzhen customs' strict control on passengers bringing in self-used commodities, especially infant milk formula.
Next, I would like to speak on the issue of public assembly and procession. Ms Emily LAU, Ms Claudia MO, Mr Gary FAN and Mr Kenneth LEUNG are all concerned about Hong Kong people's rights to assembly and procession. Hong Kong people's right to and freedom of expression are protected under the Basic Law and the Hong Kong Bill of Rights Ordinance. As is also the case in other international cities, the laws of the Hong Kong Special Administrative Region on regulating public assemblies and processions all aim to strike a balance between protecting people's freedom of expression and right to peaceful public assembly on the one hand, and the safeguarding of society's overall interests on the other. The police have been endeavouring to assist in the conduct of all lawful and peaceful public activities. The principle of the police in enforcing the law is to strike a balance. On the one hand, the police will seek to facilitate the conduct of all lawful and peaceful public assemblies and processions, and on the other hand, they will strive to minimize the impacts of public assemblies and processions on other members of the public or road users. At the same time, the 6410 LEGISLATIVE COUNCIL ─ 1 February 2013 police will also seek to ensure public order and safety. While participants in public assemblies and processions exercise the freedom of voicing their aspirations, they must act in a peaceful and orderly fashion on the premise of observing the laws of Hong Kong and not impacting social order.
In 2012, more than 7 500 public assemblies and processions were held in Hong Kong, meaning that about 21 public events were held every day on average. Most of these events were conducted in a peaceful and orderly fashion. Nevertheless, some demonstrators adopted very extreme actions such as storming, blocking the traffic of trunk routes, breaking police cordon or even snatching mills barrier. When public safety is compromised, the police must take appropriate and decisive actions under the law to stop such actions. The police will continue to handle all public assemblies and protests in a fair, just and impartial manner according to the laws of Hong Kong.
Hong Kong is one of the safest and most stable cities in the world. Our crime rate is lower than the rates in Tokyo, Toronto and many other metropolises. Our overall crime rate and violent crime rate in 2012 were respectively 0.9% and 2.7% lower when compared with the corresponding rates in 2011; the overall crime detection rate was 43.6%, representing an increase of 1.1% against the rate in 2011.
President, social stability and good public order are the basis of people's happy life, and they also constitute one major factor that draws visitors and foreign investment to Hong Kong. The Security Bureau and the disciplined forces under it will continue their endeavour to implement and tie in with different policies and measures, so that Hong Kong can maintain a low crime rate and good public order.
With these remarks, President, I call upon Members to support the Motion of Thanks.
CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, first of all, I wish to thank Members for giving their invaluable views on the Policy Address in the five sessions of the debate on the Motion of Thanks over the past three days. We have been listening very carefully, regardless of whether their views on the Policy Address are expressions of agreement, LEGISLATIVE COUNCIL ─ 1 February 2013 6411 criticisms or recommendations. And, we will collate Members' views for the purpose of aiding the work of the Government.
The Chief Executive's selection of "seeking change and maintaining stability" and "serving the people with pragmatism" as the theme of his first policy address demonstrates his pragmatic and proactive attitude as well as his readiness to rise up to challenges. Besides the action agenda for the coming year, the Policy Address also sets out this Government's development blueprint and objectives for the upcoming four and a half years on the basis of the Chief Executive's policy beliefs in various important areas.
President, before recapping the debate over the past few days, I first wish to say a few words of reply regarding the release of documents related to the Policy Address as well as the relationship between the executive and the legislature.
Both Mr IP Kin-yuen and Mr Alan LEONG have questioned why this Government does not compile any policy agenda pamphlets. As a matter of fact, I wish to point out that on the same day when the Chief Executive delivered the Policy Address, the Department of Justice and the 12 Policy Bureaux also uploaded papers regarding their policy measures onto their websites, setting out in detail what new measures they would introduce and what measures they would continue to implement in their respective policy areas in the year ahead. If Members study these policy papers carefully, they will find that the papers are basically identical to past policy agenda pamphlets in terms of objectives, contents and even the drafting approach, aiming to enable the public to grasp the particulars and progress of different policy measures more conveniently.
In order to tie in with the division of responsibilities among the various Panels of the Legislative Council, we have issued a total of 24 policy papers. In other words, some Policy Bureaux have issued more than one set of policy papers. Our intention is precisely to facilitate discussions on various policy areas between Policy Bureaux and the corresponding Committees and Panels under the Legislative Council. These 24 sets of papers together with their appendixes total 268 pages, and their contents are comprehensive and thorough. Therefore, we have absolutely not evaded the monitoring of the Legislative Council and the public.
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Anyway, however, I am more than willing to listen to Members' views on how to make it more convenient for the Legislative Council and the public to follow up the measures enumerated in policy addresses in the future.
President, in the Motion of Thanks debates in recent years, successive Chief Secretaries for Administration all talked about the importance of the relationship between the executive and the legislature. I do not want to be an exception. As the Chairman of the House Committee, Mr Andrew LEUNG discussed the executive-legislature relationship in his speech in the first session of the debate. I fully agree to Mr LEUNG's view ― the Legislative Council is duty-bound to monitor the work of the executive authorities, but the relationship between the two does not need to be confrontational. Mr Ronny TONG seems to be very concerned about the fact that the Policy Address this year does not give any treatment to the relationship between the executive and the legislature. But the Chief Executive has long since been saying that he attaches a great deal of importance to this relationship.
In the inauguration ceremony of the fourth SAR Government, the Chief Executive pointed out clearly in his address that effective policy implementation must hinge on effective governance. He referred to the relationship between the executive and the legislature as an important segment of governance, saying that the passage of laws and policy implementation must require the extensive support of the Legislative Council and the community. The Chief Executive also expressed the hope that he could enhance his communication and co-operation with the Legislative Council and all its Members, so that all could serve Hong Kong with one heart. Afterwards, when the Chief Executive spoke for the first time in this Legislative Council on 17 October last year, he used more than 400 words to discuss the executive-legislature relationship. He said that with an open and liberal attitude, the SAR Government would have communication and dialogue with Members from different political parties and groupings as well as independent Members through different means and channels. He further pointed out that the SAR Government would definitely respect the status, functions and constitutional powers of the Legislative Council. In fact, even under the existing political system, Secretaries of Departments and Directors of Bureaux already liaise with Members, have exchanges with them, or lobby them in the course of their daily work without thinking about Members' political affiliations, to speak less of considering whether any Members are "enemies" or "allies". Our goal is definitely to strive for maximum support in the legislature as far as possible.
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I consider that the executive and the legislature have their respective functions, but as Mr Andrew LEUNG pointed out, we should bear in mind the overall interest of Hong Kong and the well-being of the people. The executive and the legislature should each discharge its own duties in a way that enables our policy implementation and governance to keep abreast of the times and meet the needs of the people. This is what the public expect of us.
Accountability officials of this Government all attach a great deal of importance to maintaining close communication with the various Panels under the Legislative Council, and they also place a lot of emphasis on establishing a partnership of benign interaction outside the Chamber. Besides answering questions raised by Members during Council meetings, Directors of Bureaux have attended 70% of all the Panel meetings in person since this Legislative Council commenced operation in October last year. I have personally attended two special meetings of the House Committee to answer questions raised by Members on specific topics.
President, in the following part of my speech, I wish to recap the motion debate over the past few days.
Since the Chief Executive's delivery of the Policy Address, some Members have been criticizing that it is empty in content, containing no concrete measures and failing to completely resolve the deep-seated problems. These Members have also dismissed the proposed establishment of various commissions and committees in the Policy Address as a superfluous act with the aim of procrastination. I do not agree to these criticisms, and I will try to give a reply based on an analysis of the Policy Address from different perspectives.
First, at the very beginning of the first policy address in his five-year term, the Chief Executive already states that the Policy Address is based on several premises. First, the deep-seated problems of Hong Kong cannot be solved overnight. But we need to grasp the nettle and take the first step to deal with them. Second, the Government must act proactively to address the concerns of the people promptly; we have already rolled out an array of major policies over the past six months instead of withholding them for the Policy Address. Third, the Government is determined to deliver results, but we must act with one heart and one vision to tackle these problems. Fourth, some decisions which are fiscal-related will be announced by the Financial Secretary in the Budget.
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Regarding the policy objective of "addressing people's pressing needs", the initiatives introduced over the past six months include various livelihood assistance measures such as the Old Age Living Allowance, a significant relaxation of the Work Incentive Transport Subsidy Scheme, an increase in the subsidy under the Elderly Health Care Voucher programme, the launching of the Universal Accessibility Programme to retrofit lifts in various districts, full subsidy to non-governmental organizations for constructing youth hostels, the establishment of what is now known as the Social Innovation and Entrepreneurship Development Fund, an improvement to the business environment for hawkers, and the setting up of the Tin Shui Wai Outdoor Bazaar. Moreover, regarding the housing market, the policies rolled out include allowing a quota of 5 000 white form applicants each year to purchase Home Ownership Scheme flats with premium not yet paid in the secondary market, the introduction of 10 short- to medium-term measures to increase housing land supply, the advocacy of "Hong Kong property for Hong Kong people" and various demand management measures such as increasing the Special Stamp Duty rate and introducing a Buyer's Stamp Duty.
Members can imagine that if the Chief Executive had withheld all these measures for announcement in his first policy address, the Policy Address would surely have won much more positive responses in society. However, as the Chief Executive once said, policy addresses are not meant to serve his personal purpose.
Second, the Chief Executive attaches a great deal of importance to the principles and visions of his policy implementation, and I believe Members will all agree that these two factors are very important to effective governance. On significant issues, the Chief Executive always sets out his principles before everything. His principles are unambiguous, and he always tries not to be short-sighted. For example, he firmly believes that the Government must be "appropriately proactive", meaning that in case of market failure, the Government must take appropriate action to address the problem. The principle of his housing policy, for example, is to assist grass-roots families in moving into public housing and the middle-income families in buying their own homes. And, his principle of poverty alleviation, for example, is to help underprivileged people capable of working by offering them opportunities to become self-reliant and improve their livelihood, and to devote public resources to those who cannot LEGISLATIVE COUNCIL ─ 1 February 2013 6415 provide for themselves. His air quality improvement policy aims to accord top priority to the well-being of the public and public health.
Third, although the Chief Executive has made it very clear that his work will focus on five major areas, namely the economy, housing, poverty alleviation, care for the elderly and environmental protection, he has still striven to write an all-embracing policy address with an extensive scope. He has also striven to respond to the views he heard during the policy address consultation period, such as those on the employment of persons with disabilities and the waiting time at accident and emergency departments of hospitals. But due to length constraint, we will still see Members raising various issues that are not mentioned in the Policy Address.
Fourth, the Chief Executive attaches a great deal of importance to tapping the collective wisdom and engaging the public, and he seeks to do so through the formation of various commissions and committees to promote the work of this Government. This style of governance likewise exemplifies the Hong Kong spirit of emphasizing the need for accommodation and consensus. When we read the Policy Address, if we make a careful analysis of the dozen of commissions, committees and working groups, which have already been set up or are proposed to be established, we will notice that there is actually a clear division of labour with the aim of drawing on professional expertise and new mindsets. It is hoped that all these commissions, committees and working groups can offer advice on Hong Kong's development on various fronts and also follow up the Chief Executive's election manifesto. The re-establishment of the Commission on Poverty and the setting up of the Long Term Housing Strategy Steering Committee, the Financial Services Development Council as well as the Economic Development Commission are some examples. Their establishment or preparatory work can be dated to the commencement of this Government as ways of honouring the election manifesto of the Chief Executive; they are respectively tasked to take forward policies on various public concerns, namely poverty alleviation, housing, financial development and the economy. In the case of the Consultative Committee on Economic and Trade Co-operation between Hong Kong and the Mainland and the Steering Committee on Land Supply, they are to be formed by reorganizing existing committees to suit the needs of the times; the proposed Harbourfront Authority, on the other hand, is meant as an active response to the Harbourfront Commission's proposal on setting 6416 LEGISLATIVE COUNCIL ─ 1 February 2013 up a dedicated statutory organization to press ahead with the harbourfront development of the Victoria Harbour.
President, since the Chief Executive's delivery of his first policy address, the entire accountability and civil service teams have been taking forward the various initiatives and measures without any halt and delay. As the Chief Executive reiterates in the conclusion of the Policy Address, we will continue to take on the challenges ahead in a pragmatic and proactive manner. We will work with the Legislative Council and all Hong Kong people with one heart and one vision. Together, we shall build a more prosperous Hong Kong.
President, I so submit, and I call upon Members to support the Motion of Thanks proposed by Mr Andrew LEUNG. Thank you, President.
PRESIDENT (in Cantonese): The five debate sessions have ended.
PRESIDENT (in Cantonese): Mr Andrew LEUNG, you may now speak on the amendments. The speaking time limit is five minutes.
MR ANDREW LEUNG (in Cantonese): President, according to the Rules of Procedure, Members are entitled to propose amendments to the Motion of Thanks. Since Mr Frederick FUNG, Mr SIN Chung-kai, Ms Cyd HO, Mr CHEUNG Kwok-che, Mr LEE Cheuk-yan and Mr Fernando CHEUNG have respectively proposed amendments, and Mr WONG Kwok-hing has proposed an amendment to Mr LEE Cheuk-yan's amendment, all under their own names, the amendments have not been discussed by the House Committee, and Members have not reached any consensus. Since I am now speaking in the capacity of the Chairman of the House Committee, I should not and will not express any opinions on the amendments of the six Members, or appeal to Members to support or otherwise the amendments of these six Members.
I so submit.
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PRESIDENT (in Cantonese): Mr Frederick FUNG, please move your amendment to the motion now.
MR FREDERICK FUNG (in Cantonese): President, I move that Mr Andrew LEUNG's motion be amended.
Mr Frederick FUNG moved the following amendment: (Translation)
"To add ", but expresses deep regret that in the address, he follows the previous land and housing policies which go against his advocacy and platform in the election of the Chief Executive; on other major policies, such as poverty alleviation, economic development, standard working hours, universal retirement protection and free early childhood education, he procrastinates again and again using the establishment of committees to conduct studies as the reason; and he even disregards the need to launch consultation on constitutional reform" immediately before the full stop."
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Mr Frederick FUNG to Mr Andrew LEUNG's motion, be passed.
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Mr Frederick FUNG rose to claim a division.
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PRESIDENT (in Cantonese): Mr Frederick FUNG has claimed a division. The division bell will ring for five minutes.
PRESIDENT (in Cantonese): Will Members please proceed to vote.
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr Joseph LEE, Mr CHEUNG Kwok-che, Mr Charles Peter MOK, Mr Kenneth LEUNG, Mr Dennis KWOK and Mr IP Kin-yuen voted for the amendment.
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr CHAN Kin-por, Dr LEUNG Ka-lau, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted against the amendment.
Miss CHAN Yuen-han, Mr KWOK Wai-keung and Mr TANG Ka-piu abstained.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Ms Claudia MO, Mr WU Chi-wai, Mr Gary FAN, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted for the amendment.
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Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mrs Regina IP, Mr Paul TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Mr Michael TIEN, Mr James TIEN, Mr CHAN Chi-chuen, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted against the amendment.
Mr WONG Kwok-hing, Mr WONG Kwok-kin and Miss Alice MAK abstained.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 34 were present, nine were in favour of the amendment, 22 against it and three abstained; while among the Members returned by geographical constituencies through direct elections, 35 were present, 14 were in favour of the amendment, 17 against it and three abstained. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): Mr SIN Chung-kai, you may move your amendment.
PRESIDENT (in Cantonese): Mr SIN, I have to first let Mr Andrew LEUNG move the motion on shortening the duration of the ringing of the division bell to one minute.
MR ANDREW LEUNG (in Cantonese): President, I move that in the event of further divisions being claimed in respect of the "Motion of Thanks" or any amendment thereto, this Council do proceed to each of such divisions immediately after the division bell has been rung for one minute.
6420 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Mr Andrew LEUNG be passed.
PRESIDENT (in Cantonese): Does any Member wish to speak?
(No Member indicated a wish to speak)
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(No hands raised)
PRESIDENT (in Cantonese): I think the question is agreed by a majority respectively of each of the two groups of Members, that is, those returned by functional constituencies and those returned by geographical constituencies through direct elections, who are present. I declare the motion passed.
I order that in the event of further divisions being claimed in respect of the "Motion of Thanks" or any amendment thereto, this Council do proceed to each of such divisions immediately after the division bell has been rung for one minute.
PRESIDENT (in Cantonese): Mr SIN Chung-kai, please move your amendment now.
MR SIN CHUNG-KAI (in Cantonese): There should be no mistake this time around.(Laughter) President, I move that Mr Andrew LEUNG's motion be amended.
LEGISLATIVE COUNCIL ─ 1 February 2013 6421
Mr SIN Chung-kai moved the following amendment: (Translation)
"To add ", but expresses anger and regret that the address fails to activate the constitutional procedures for or launch extensive public consultation on constitutional reform; to formulate electoral packages for the Chief Executive Election and the Legislative Council Election which comply with the definitions of universality and equality under international covenants on human rights; and to put forward short-term, effective and targeted measures on various major livelihood issues, particularly the housing problem, but employs the delaying tactic to establish 16 committees to conduct studies or discussions, rendering the development of Hong Kong's democracy and livelihood in stagnation" immediately before the full stop."
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Mr SIN Chung-kai to Mr Andrew LEUNG's motion, be passed.
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Mr IP Kwok-him rose to claim a division.
PRESIDENT (in Cantonese): Mr IP Kwok-him has claimed a division. The division bell will ring for one minute.
(Mr LEUNG Kwok-hung yelled in his seat)
6422 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): Mr LEUNG Kwok-hung, please do not yell in your seat.
PRESIDENT (in Cantonese): Will Members please proceed to vote.
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr Joseph LEE, Mr CHEUNG Kwok-che, Mr Charles Peter MOK, Mr Kenneth LEUNG, Mr Dennis KWOK and Mr IP Kin-yuen voted for the amendment.
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr CHAN Kin-por, Dr LEUNG Ka-lau, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Miss CHAN Yuen-han, Mr KWOK Wai-keung, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Mr TANG Ka-piu, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted against the amendment.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Mr WU Chi-wai, Mr Gary FAN, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted for the amendment.
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr WONG Kwok-hing, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mr WONG Kwok-kin, Mrs Regina IP, Mr Paul LEGISLATIVE COUNCIL ─ 1 February 2013 6423
TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Mr Michael TIEN, Mr James TIEN, Mr CHAN Chi-chuen, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Miss Alice MAK, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted against the amendment.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 34 were present, nine were in favour of the amendment and 25 against it; while among the Members returned by geographical constituencies through direct elections, 34 were present, 13 were in favour of the amendment and 20 against it. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): Ms Cyd HO, you may move your amendment.
MS CYD HO (in Cantonese): President, I move that Mr Andrew LEUNG's motion be amended.
Ms Cyd HO moved the following amendment: (Translation)
"To add "and that moving the motion of thanks is for following the Rules of Procedure and respecting tradition; yet, this Council expresses deep regret that the address fails to put forward a correct direction for Hong Kong's future development, and makes scanty mention of issues including democracy, the rule of law, human rights, population policy and anti-corruption" immediately before the full stop."
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Ms Cyd HO to Mr Andrew LEUNG's motion, be passed.
6424 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Ms Cyd HO rose to claim a division.
PRESIDENT (in Cantonese): Ms Cyd HO has claimed a division. The division bell will ring for one minute.
PRESIDENT (in Cantonese): Will Members please proceed to vote.
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr Joseph LEE, Mr CHEUNG Kwok-che, Mr Charles Peter MOK, Mr Kenneth LEUNG, Mr Dennis KWOK and Mr IP Kin-yuen voted for the amendment.
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr CHAN Kin-por, Dr LEUNG Ka-lau, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Miss CHAN Yuen-han, Mr KWOK Wai-keung, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Mr TANG Ka-piu, Ir Dr LO LEGISLATIVE COUNCIL ─ 1 February 2013 6425
Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted against the amendment.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Ms Claudia MO, Mr WU Chi-wai, Mr Gary FAN, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted for the amendment.
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr WONG Kwok-hing, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mr WONG Kwok-kin, Mrs Regina IP, Mr Paul TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Mr Michael TIEN, Mr James TIEN, Mr CHAN Chi-chuen, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Miss Alice MAK, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted against the amendment.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 34 were present, nine were in favour of the amendment and 25 against it; while among the Members returned by geographical constituencies through direct elections, 35 were present, 14 were in favour of the amendment and 20 against it. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): Mr CHEUNG Kwok-che, you may move your amendment.
MR CHEUNG KWOK-CHE (in Cantonese): President, I move that Mr Andrew LEUNG's motion be amended.
6426 LEGISLATIVE COUNCIL ─ 1 February 2013
Mr CHEUNG Kwok-che moved the following amendment: (Translation)
"To add "and that moving the motion of thanks is for following the Rules of Procedure and respecting tradition; yet, this Council expresses deep regret that the address fails to make retirement protection planning focusing on Hong Kong's population ageing in the future, and requests the Government to expeditiously establish a dedicated committee for setting an implementation timetable for universal retirement protection" immediately before the full stop."
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Mr CHEUNG Kwok-che to Mr Andrew LEUNG's motion, be passed.
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Mr CHEUNG Kwok-che rose to claim a division.
PRESIDENT (in Cantonese): Mr CHEUNG Kwok-che has claimed a division. The division bell will ring for one minute.
PRESIDENT (in Cantonese): Will Members please proceed to vote.
LEGISLATIVE COUNCIL ─ 1 February 2013 6427
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr Joseph LEE, Mr CHEUNG Kwok-che, Mr Charles Peter MOK, Mr Dennis KWOK and Mr IP Kin-yuen voted for the amendment.
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr CHAN Kin-por, Dr LEUNG Ka-lau, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted against the amendment.
Miss CHAN Yuen-han, Mr KWOK Wai-keung and Mr TANG Ka-piu abstained.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Ms Claudia MO, Mr WU Chi-wai, Mr Gary FAN, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted for the amendment.
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mrs Regina IP, Mr Paul TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Mr Michael TIEN, Mr James TIEN, Mr CHAN Chi-chuen, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted against the amendment.
6428 LEGISLATIVE COUNCIL ─ 1 February 2013
Mr WONG Kwok-hing, Mr WONG Kwok-kin and Miss Alice MAK abstained.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 33 were present, eight were in favour of the amendment, 22 against it and three abstained; while among the Members returned by geographical constituencies through direct elections, 35 were present, 14 were in favour of the amendment, 17 against it and three abstained. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): Mr LEE Cheuk-yan, you may move your amendment.
MR LEE CHEUK-YAN (in Cantonese): President, I move that Mr Andrew LEUNG's motion be amended.
Mr LEE Cheuk-yan moved the following amendment: (Translation)
"To add ", but expresses regret that the Chief Executive has failed to honour his pledge to 'examine legislative proposals on standard working hours' as set out in his election manifesto, and urges the Government to expeditiously introduce legislation on regulating working hours, with the endeavour to complete enactment of the legislation within the term of the current Legislative Council" immediately before the full stop."
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Mr LEE Cheuk-yan to Mr Andrew LEUNG's motion, be passed.
LEGISLATIVE COUNCIL ─ 1 February 2013 6429
PRESIDENT (in Cantonese): I now call upon Mr WONG Kwok-hing to move an amendment to Mr LEE Cheuk-yan's amendment.
MR WONG KWOK-HING (in Cantonese): President, I move that Mr LEE Cheuk-yan's amendment be amended.
Mr WONG Kwok-hing moved the following amendment to Mr LEE Cheuk-yan's amendment: (Translation)
"To delete "expresses regret that the Chief Executive has failed" before "to honour his pledge" and substitute with "strongly requests the Chief Executive"; and to delete "urges the Government" after "election manifesto, and"."
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Mr WONG Kwok-hing to Mr LEE Cheuk-yan's amendment, be passed.
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Mr WONG Kwok-hing rose to claim a division.
PRESIDENT (in Cantonese): Mr WONG Kwok-hing has claimed a division. The division bell will ring for one minute.
6430 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): Will Members please proceed to vote.
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Dr LEUNG Ka-lau, Mr CHEUNG Kwok-che, Miss CHAN Yuen-han, Mr KWOK Wai-keung, Mr Dennis KWOK, Mr POON Siu-ping and Mr TANG Ka-piu voted for the amendment.
Mr Albert HO, Mr James TO, Dr LAU Wong-fat, Mr Tommy CHEUNG, Mr Frederick FUNG, Dr Joseph LEE, Mr Jeffrey LAM, Mr Andrew LEUNG, Dr LAM Tai-fai, Mr NG Leung-sing, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Mr Charles Peter MOK, Mr Christopher CHEUNG, Mr IP Kin-yuen, Mr Martin LIAO, Ir Dr LO Wai-kwok and Mr CHUNG Kwok-pan voted against the amendment.
Mr WONG Ting-kwong, Ms Starry LEE, Mr CHAN Kin-por, Mr IP Kwok-him, Mr Steven HO and Mr Tony TSE abstained.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr WONG Kwok-hing, Ms Cyd HO, Mr WONG Kwok-kin, Mr Alan LEONG, Mr Gary FAN, Dr Kenneth CHAN, Miss Alice MAK, Dr KWOK Ka-ki and Dr Fernando CHEUNG voted for the amendment.
Mr LEUNG Yiu-chung, Ms Emily LAU, Dr Priscilla LEUNG, Mrs Regina IP, Mr Paul TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Ms Claudia MO, Mr Michael TIEN, Mr James TIEN, Mr WU Chi-wai, Mr CHAN Chi-chuen, Mr SIN Chung-kai and Dr Helena WONG voted against the amendment.
LEGISLATIVE COUNCIL ─ 1 February 2013 6431
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr CHAN Hak-kan, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG abstained.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 32 were present, seven were in favour of the amendment, 19 against it and six abstained; while among the Members returned by geographical constituencies through direct elections, 34 were present, 10 were in favour of the amendment, 15 against it and eight abstained. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): I now put the question to you and that is: That Mr LEE Cheuk-yan's amendment to Mr Andrew LEUNG's motion be passed.
PRESIDENT (in Cantonese): Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Mr LEE Cheuk-yan rose to claim a division.
PRESIDENT (in Cantonese): Mr LEE Cheuk-yan has claimed a division. The division bell will ring for one minute.
6432 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): Will Members please proceed to vote.
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr LEUNG Ka-lau, Mr CHEUNG Kwok-che, Mr Dennis KWOK, Mr IP Kin-yuen and Mr POON Siu-ping voted for the amendment.
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Mr Christopher CHEUNG, Mr Martin LIAO, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted against the amendment.
Dr Joseph LEE, Mr CHAN Kin-por, Miss CHAN Yuen-han, Mr KWOK Wai-keung and Mr TANG Ka-piu abstained.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Ms Claudia MO, Mr WU Chi-wai, Mr Gary FAN, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted for the amendment.
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mrs Regina IP, Mr Paul TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Mr Michael TIEN, Mr James TIEN, Mr CHAN Chi-chuen, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted against the amendment.
LEGISLATIVE COUNCIL ─ 1 February 2013 6433
Mr WONG Kwok-hing, Mr WONG Kwok-kin and Miss Alice MAK abstained.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 32 were present, eight were in favour of the amendment, 19 against it and five abstained; while among the Members returned by geographical constituencies through direct elections, 35 were present, 14 were in favour of the amendment, 17 against it and three abstained. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): Dr Fernando CHEUNG, you may move your amendment.
DR FERNANDO CHEUNG (in Cantonese): President, I move that Mr Andrew LEUNG's motion be amended.
Dr Fernando CHEUNG moved the following amendment: (Translation)
"To add "and that moving the motion of thanks is for following the Rules of Procedure and respecting tradition; yet this Council expresses deep regret that the address fails to expeditiously increase housing supply to enable grass-root people to be allocated housing as soon as possible, and urges the Government to withdraw its stance that 'sub-divided units' have their value of existence, immediately provide rent allowance to 'sub-divided unit tenants', formulate rent control and security of tenure protection focusing on grass-root residential premises, immediately impose a ban on residential units with immediate structural and fire hazards or poor environmental hygiene conditions, increase interim housing, properly rehouse affected tenants, and increase the annual production of public housing to 30 000 units or more" immediately before the full stop."
6434 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): I now propose the question to you and that is: That the amendment, moved by Dr Fernando CHEUNG to Mr Andrew LEUNG's motion, be passed.
PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Dr Fernando CHEUNG rose to claim a division.
PRESIDENT (in Cantonese): Dr Fernando CHEUNG has claimed a division. The division bell will ring for one minute.
PRESIDENT (in Cantonese): Will Members please proceed to vote.
PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr Joseph LEE, Mr CHEUNG Kwok-che, Mr Dennis KWOK and Mr IP Kin-yuen voted for the amendment.
LEGISLATIVE COUNCIL ─ 1 February 2013 6435
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr CHAN Kin-por, Dr LEUNG Ka-lau, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted against the amendment.
Miss CHAN Yuen-han, Mr KWOK Wai-keung and Mr TANG Ka-piu abstained.
Geographical Constituencies:
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Ms Claudia MO, Mr WU Chi-wai, Mr Gary FAN, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted for the amendment.
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mrs Regina IP, Mr Paul TSE, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Mr Michael TIEN, Mr James TIEN, Mr CHAN Chi-chuen, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted against the amendment.
Mr WONG Kwok-hing, Mr WONG Kwok-kin and Miss Alice MAK abstained.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 32 were present, seven were in favour of the amendment, 22 against it and three abstained; while among the Members returned by geographical constituencies through direct elections, 35 were present, 14 were in 6436 LEGISLATIVE COUNCIL ─ 1 February 2013 favour of the amendment, 17 against it and three abstained. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the amendment was negatived.
PRESIDENT (in Cantonese): Mr Andrew LEUNG, you may now reply and you have nine minutes.
MR ANDREW LEUNG (in Cantonese): President, this motion debate on the Policy Address has lasted totally 31 hours and 47 minutes, and 69 Members have expressed different views, including criticisms, on the policy areas of concern to them. In any case, I hope the Chief Executive and principal officials can listen to Members' views with an open mind, so as to enable government policies to command the support of the Legislative Council and the public.
According to an opinion poll conducted by the University of Hong Kong before the delivery of the Policy Address, 91% of the respondents held the view that the issues which most badly required the Chief Executive's focused attention were housing, healthcare, social welfare and economic development, in that order. Of the five debate sessions spanning these three days, the second session, the session on "Housing, Infrastructure, Planning and Development", has recorded the largest number of speaking Members and the longest total speaking time ― totally 43 speaking Members with a total speaking time of seven hours 59 minutes and 24 seconds. This shows that Members are indeed concerned about the people's pressing needs.
The debate session with the second largest number of speaking Members is the one on "Economic Development", with totally 42 speaking Members and a total speaking time of seven hours 47 minutes and 56 seconds. Many Members referred to the Financial Services Development Council and Economic Development Commission in their speeches, and there were both expectations and criticisms. I believe that when the officials concerned heeded Members' very great concern, they would realize that Members would indeed monitor these organizations very closely. Therefore, in the time ahead, these organizations must work with extra prudence, enhance their transparency, and report to the Legislative Council more often.
LEGISLATIVE COUNCIL ─ 1 February 2013 6437
The previous Legislative Council already agreed that the Committee on Rules of Procedure should review the arrangements for the debate on the Motion of Thanks, including the wording of the motion, and whether the debate should still be divided into different sessions based on policy areas. I believe that Members of the new Legislative Council, having gone through this three-day debate on the Motion of Thanks, will be able to improve the arrangements for the debate on the Motion of Thanks within its current term of office.
President, as I already pointed out in my speech at the start of this motion debate, the Motion of Thanks is a convention of the Legislative Council, and the motion itself is neutral. I hope Members can support this Motion of Thanks. Thank you, President.
PRESIDENT (in Cantonese): I now put the question to you and that is: That the motion moved by Mr Andrew LEUNG be passed.
PRESIDENT (in Cantonese): Will those in favour please raise their hands?
(Members raised their hands)
PRESIDENT (in Cantonese): Those against please raise their hands.
(Members raised their hands)
Mr Albert CHAN rose to claim a division.
PRESIDENT (in Cantonese): Mr Albert CHAN has claimed a division. The division bell will ring for one minute.
PRESIDENT (in Cantonese): Will Members please proceed to vote.
6438 LEGISLATIVE COUNCIL ─ 1 February 2013
PRESIDENT (in Cantonese): Will Members please check their votes.
(Some Members talked among themselves)
PRESIDENT (in Cantonese): Will Members please remain silent as the meeting is still in progress.
PRESIDENT (in Cantonese): If there are no queries, voting shall now stop and the result will be displayed.
Functional Constituencies:
Dr LAU Wong-fat, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr Andrew LEUNG, Mr WONG Ting-kwong, Ms Starry LEE, Dr LAM Tai-fai, Mr CHAN Kin-por, Mr IP Kwok-him, Mr NG Leung-sing, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Miss CHAN Yuen-han, Mr KWOK Wai-keung, Mr Christopher CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Mr TANG Ka-piu, Ir Dr LO Wai-kwok, Mr CHUNG Kwok-pan and Mr Tony TSE voted for the motion.
Mr Albert HO, Mr James TO, Mr Frederick FUNG, Dr Joseph LEE, Dr LEUNG Ka-lau, Mr CHEUNG Kwok-che, Mr Charles Peter MOK, Mr Kenneth LEUNG, Mr Dennis KWOK and Mr IP Kin-yuen voted against the motion.
Geographical Constituencies:
Mr CHAN Kam-lam, Mr TAM Yiu-chung, Mr WONG Kwok-hing, Mr CHAN Hak-kan, Dr Priscilla LEUNG, Mr WONG Kwok-kin, Mrs Regina IP, Mr Paul TSE, Mr Michael TIEN, Mr James TIEN, Mr CHAN Han-pan, Mr LEUNG Che-cheung, Miss Alice MAK, Dr Elizabeth QUAT, Dr CHIANG Lai-wan and Mr Christopher CHUNG voted for the motion.
LEGISLATIVE COUNCIL ─ 1 February 2013 6439
Mr LEE Cheuk-yan, Mr LEUNG Yiu-chung, Ms Emily LAU, Mr Ronny TONG, Ms Cyd HO, Mr Alan LEONG, Mr LEUNG Kwok-hung, Mr Albert CHAN, Mr WONG Yuk-man, Ms Claudia MO, Mr WU Chi-wai, Mr Gary FAN, Mr CHAN Chi-chuen, Dr Kenneth CHAN, Dr KWOK Ka-ki, Dr Fernando CHEUNG, Mr SIN Chung-kai and Dr Helena WONG voted against the motion.
THE PRESIDENT, Mr Jasper TSANG, did not cast any vote.
THE PRESIDENT announced that among the Members returned by functional constituencies, 34 were present, 24 were in favour of the motion and 10 against it; while among the Members returned by geographical constituencies through direct elections, 35 were present, 16 were in favour of the motion and 18 against it. Since the question was not agreed by a majority of each of the two groups of Members present, he therefore declared that the motion was negatived.
NEXT MEETING
PRESIDENT (in Cantonese): I now adjourn the Council until 11 am on Wednesday, 6 February 2013.
Adjourned accordingly at eighteen minutes to Ten o'clock.