OFFICIAL RECORD of PROCEEDINGS Wednesday, 10
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LEGISLATIVE COUNCIL ─ 10 December 2008 2719 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 10 December 2008 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 2720 LEGISLATIVE COUNCIL ─ 10 December 2008 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., 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 LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. LEGISLATIVE COUNCIL ─ 10 December 2008 2721 THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. THE HONOURABLE TANYA CHAN DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE WONG YUK-MAN 2722 LEGISLATIVE COUNCIL ─ 10 December 2008 THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. MEMBER ABSENT: THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE MRS RITA LAU NG WAI-LAN, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT LEGISLATIVE COUNCIL ─ 10 December 2008 2723 CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 2724 LEGISLATIVE COUNCIL ─ 10 December 2008 PRESIDENT (in Cantonese): A quorum is not present. Clerk, please ring the bell. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): A quorum is now present. The meeting now starts. TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 2008............... 254/2008 Road Traffic (Breath Analysing Instruments and Screening Devices) (Amendment) Notice 2008 ...... 255/2008 Road Traffic Legislation (Amendment) Ordinance 2008 (Commencement) Notice ..................................... 256/2008 Other Papers No. 34 ─ Police Welfare Fund Annual Report 2007/2008 No. 35 ─ Annual Report on the Police Children's Education Trust and the Police Education and Welfare Trust 2007/2008 No. 36 ─ Hong Kong Tourism Board 2007/08 Annual Report LEGISLATIVE COUNCIL ─ 10 December 2008 2725 No. 37 ─ Director of Social Welfare Incorporated Financial statements for the year ended 31 March 2008 No. 38 ─ Emergency Relief Fund Annual Report by the Trustee for the year ending 31 March 2008 No. 39 ─ Social Work Training Fund Forty-seventh Annual Report by the Trustee for the year ending on 31 March 2008 Report of Subcommittee on Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences ADDRESSES PRESIDENT (in Cantonese): Address. Ms Audrey EU will address this Council on the Report of Subcommittee on Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences. Report of Subcommittee on Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences MS AUDREY EU (in Cantonese): President, in my capacity as Chairman of the Subcommittee on Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences (Subcommittee), I now submit the report and highlight the deliberations of the Subcommittee. The Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences (Technical Memorandum) sets out the total quantity of emission allowances for all of the specified licences, the allocation principles and determination methods of the quantity of emission allowances to be allocated in respect of each specified licence for each emission year. In view of the importance of the Technical Memorandum, members held that deputations should be invited to the meetings in order for them to express their views. To allow time for the Subcommittee to receive public views and examine the Technical Memorandum, members considered that the scrutiny period for the Technical Memorandum had to be extended to 7 January 2009. 2726 LEGISLATIVE COUNCIL ─ 10 December 2008 However, the Administration said that it aimed to bring the Technical Memorandum into effect before the end of 2008 to facilitate the renewal of licence for the Lamma Power Station before year end. The proposed extension of the scrutiny period may have the effect of non-application of the Technical Memorandum to the licence for the Lamma Power Station, which will commence on 1 January 2009. The Subcommittee has examined the feasibility of extending the existing licence for the Lamma Power Station until such time after the Technical Memorandum has come into effect. According to the Administration, section 15(4) of the Air Pollution Control Ordinance provides that a specified licence shall be valid for a reasonable period of not less than two years, and hence it would be necessary to include also the emission caps of 2010 in this renewal of the licence for the Lamma Power Station. Although under the Air Pollution Control (Specified Processes) Regulation, the existing licence for the Lamma Power Station shall still continue to be in force after its expiry if renewal cannot be made before 1 January 2009, it will be subject to the licence conditions currently in force, which will not include the emission caps of the emissions years of the new licensing period (that is, 2009 and 2010). The emission allowances as set out in the Technical Memorandum in respect of an emission year cannot be applied to the licence for the Lamma Power Station, since section 2 of the Air Pollution Control Ordinance provides that "emission year" means a period of 12 months commencing on 1 January in each year, and the Technical Memorandum does not have retrospective effect. Extending the licensing period would have a negative impact on improving air quality, as well as the ability of Hong Kong in achieving the 2010 emission reduction targets mutually agreed with the Guangdong Provincial Government. Members are of the view that the Administration has put them in a dilemma. In view of the imminent need to improve air quality and the fact that deputations had already been invited by the Bills Committee on Air Pollution Control (Amendment) Bill 2008 in June 2008 to express their views on the Bill (including the Technical Memorandum), the majority of members, having no choices, agreed not to pursue the proposal of extending the scrutiny period for the Technical Memorandum and not to invite deputations to express their views. To allow sufficient time for power companies to adjust their operation, an advance notice of no less than four years will be given by the Administration to the power companies before any changes to the allocation of emission allowances LEGISLATIVE COUNCIL ─ 10 December 2008 2727 take place. To ensure that the Secretary for the Environment will regularly review the total quantity of emission allowances, members have considered the feasibility of setting an expiry period for the Technical Memorandum.