LEGISLATIVE COUNCIL ― 20 November 2019 1839

OFFICIAL RECORD OF PROCEEDINGS

Wednesday, 20 November 2019

The Council met at Eleven o'clock

MEMBERS PRESENT:

THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P.

THE HONOURABLE JAMES TO KUN-SUN

THE HONOURABLE LEUNG YIU-CHUNG

THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P.

THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P.

PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P.

THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P.

THE HONOURABLE WONG TING-KWONG, G.B.S., J.P.

THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P.

THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P.

THE HONOURABLE CHAN KIN-POR, G.B.S., J.P.

DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P.

THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P.

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THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P.

THE HONOURABLE PAUL TSE WAI-CHUN, J.P.

THE HONOURABLE CLAUDIA MO

THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P.

THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S.

THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P.

THE HONOURABLE WU CHI-WAI, M.H.

THE HONOURABLE YIU SI-WING, B.B.S.

THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P.

THE HONOURABLE CHARLES PETER MOK, J.P.

THE HONOURABLE CHAN CHI-CHUEN

THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P.

THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P.

THE HONOURABLE KENNETH LEUNG

THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P.

DR THE HONOURABLE KWOK KA-KI

THE HONOURABLE DENNIS KWOK WING-HANG

THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P.

DR THE HONOURABLE HELENA WONG PIK-WAN

LEGISLATIVE COUNCIL ― 20 November 2019 1841

THE HONOURABLE IP KIN-YUEN

THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P.

THE HONOURABLE POON SIU-PING, B.B.S., M.H.

DR THE HONOURABLE CHIANG LAI-WAN, S.B.S., J.P.

IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P.

THE HONOURABLE CHUNG KWOK-PAN

THE HONOURABLE ALVIN YEUNG

THE HONOURABLE ANDREW WAN SIU-KIN

THE HONOURABLE CHU HOI-DICK

THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P.

THE HONOURABLE JUNIUS HO KWAN-YIU, J.P.

THE HONOURABLE HO KAI-MING

THE HONOURABLE LAM CHEUK-TING

THE HONOURABLE HOLDEN CHOW HO-DING

THE HONOURABLE SHIU KA-CHUN

THE HONOURABLE WILSON OR CHONG-SHING, M.H.

THE HONOURABLE YUNG HOI-YAN, J.P.

DR THE HONOURABLE PIERRE CHAN

THE HONOURABLE CHAN CHUN-YING, J.P.

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THE HONOURABLE TANYA CHAN

THE HONOURABLE CHEUNG KWOK-KWAN, J.P.

THE HONOURABLE HUI CHI-FUNG

THE HONOURABLE LUK CHUNG-HUNG, J.P.

THE HONOURABLE LAU KWOK-FAN, M.H.

THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P.

DR THE HONOURABLE CHENG CHUNG-TAI

THE HONOURABLE KWONG CHUN-YU

THE HONOURABLE JEREMY TAM MAN-HO

THE HONOURABLE GARY FAN KWOK-WAI

THE HONOURABLE AU NOK-HIN

THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P.

THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S.

THE HONOURABLE CHAN HOI-YAN

MEMBERS ABSENT:

THE HONOURABLE KWOK WAI-KEUNG, J.P.

DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG

THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P.

THE HONOURABLE SHIU KA-FAI, J.P.

LEGISLATIVE COUNCIL ― 20 November 2019 1843

PUBLIC OFFICERS ATTENDING:

THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT

THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY

THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING

PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH

THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT

THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS

MR ANDY CHAN SHUI-FU, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS

CLERKS IN ATTENDANCE:

MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL

MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL

MS DORA WAI, ASSISTANT SECRETARY GENERAL

1844 LEGISLATIVE COUNCIL ― 20 November 2019

PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber.

(After the summoning bell had been rung, a number of Members entered the Chamber)

PAPERS TO BE LAID ON THE TABLE OF THE COUNCIL

The following papers were laid on the table under Rule 21(2) of the Rules of Procedure:

Immigration Service Welfare Fund Report on the administration of the Fund, Financial statements and Report of the Director of Audit for the year ended 31 March 2019

Secretary for Home Affairs Incorporated Financial statements and Report of the Director of Audit for the year ended 31 March 2019

Sir Edward Youde Memorial Fund Report of the Board of Trustees, Financial statements and Report of the Director of Audit for the Period 1 April 2018 to 31 March 2019

Competition Commission Annual Report 2018/2019 (including Financial Statements and Independent Auditor's Report)

ORAL ANSWERS TO QUESTIONS

PRESIDENT (in Cantonese): Questions. First question. Mr HUI Chi-fung, please ask your question.

(Dr KWOK Ka-ki indicated his wish to raise a point of order)

PRESIDENT (in Cantonese): Dr KWOK Ka-ki, what is your point of order?

LEGISLATIVE COUNCIL ― 20 November 2019 1845

DR KWOK KA-KI (in Cantonese): President, I raised an urgent question earlier on the situation of the Police having fired nearly 10 000 rounds of tear gas as of that time. I have noticed that President has, time and again, ignored completely these issues of great concern to the people of Hong Kong. I would like to ask the President: How should we view the work and functions of the Legislative Council? What is under discussion is that parents, teachers and even students across Hong Kong are exposed to tear gas, or even dioxins, in every community, but the President has not once permitted urgent questions to be asked on this issue.

PRESIDENT (in Cantonese): I have made rulings in writing on several applications for asking urgent questions submitted previously. In fact, this Council has a very rigorous mechanism for handling requests for asking urgent questions. The most important consideration is whether the asking of a particular question will become meaningless if it were not asked at the current meeting.

The Legislative Council has a plurality of channels and platforms for Members to ask these questions. Members may do so by waiting for their turn to ask questions in the oral question session of this Council's meetings or at committee meetings, and everything will be handled according to the established mechanism.

Dr KWOK Ka-ki, please sit down. Mr HUI Chi-fung, please ask your question.

Inquiring into the movement of opposition to the proposed legislative amendments

1. MR HUI CHI-FUNG (in Cantonese): Thank you, Mr LEUNG.

The "Anti-extradition to China" movement has not subsided since its eruption in June this year. It has been reported that as revealed by the findings of a number of public opinion surveys, more than 70% of members of the public support the appointment of a commission of inquiry by the Government under the Commissions of Inquiry Ordinance to inquire into issues relating to the movement. However, the Government has all along merely indicated that the 1846 LEGISLATIVE COUNCIL ― 20 November 2019 matters relating to the various large-scale public events and the operations conducted by the Police have been referred to the Independent Police Complaints Council ("IPCC") for examination, and that IPCC would submit a report together with improvement recommendations. As all members of IPCC are appointed by the Chief Executive, some members of the public consider that IPCC has a pro-government stance and they have little confidence in the independence of IPCC's work. In this connection, will the Government inform this Council:

(1) among the complaints received by the Complaints Against Police Office in each of the past three years, of the number and percentage of substantiated cases, and among the complaints involving accusations of assault, the number and percentage of substantiated cases;

(2) given that IPCC is not empowered to summon witnesses and carry out investigations, how the Government ensures that the report to be published by IPCC in future will provide a comprehensive and an objective analysis of the causes of the "Anti-extradition to China" movement, and that IPCC will reach an objective and an impartial conclusion about whether or not police officers have used force excessively; and

(3) in respect of conducting inquiries into issues relating to the "Anti-extradition to China" movement, whether it has assessed the merits and demerits for the relevant work to be taken up by an independent commission of inquiry or by IPCC, whose members' independence has been called into question; if so, of the outcome?

(Mr Steven HO indicated his wish to raise a point of order)

PRESIDENT (in Cantonese): Mr Steven HO, what is your point of order?

MR STEVEN HO (in Cantonese): President, I see that Mr HUI Chi-fung has not read out the exact wording of the draft. He has done some little tricks. I would like the President to make a ruling.

LEGISLATIVE COUNCIL ― 20 November 2019 1847

PRESIDENT (in Cantonese): Mr HUI Chi-fung, please read out the main question again.

MR HUI CHI-FUNG (in Cantonese): Read it out again?

PRESIDENT (in Cantonese): Please read it out again as per the version published on the agenda.

MR HUI CHI-FUNG (in Cantonese): I do not understand his accusation. In what way did I not comply with the rules?

MR STEVEN HO (in Cantonese): He did not correctly read the expression "the movement of opposition to the proposed legislative amendments", so he was not asking his question. Maybe he is illiterate. Therefore, President, I would like you to make a ruling.

MR HUI CHI-FUNG (in Cantonese): President, both "the movement of opposition to the proposed legislative amendments" and "the 'Anti-extradition to China' movement" are expressions comprehensible to the public. I do not want to split hairs over words here.

PRESIDENT (in Cantonese): Mr HUI Chi-fung. If you do not read out the main question as it appears in the version published on the agenda, I would not allow you to ask this question.

MR HUI CHI-FUNG (in Cantonese): No problem, I read it out once again, but please do not split hairs over words again. The public know that the proposed legislative amendments are associated with the fight against extradition to China.

PRESIDENT (in Cantonese): We are not splitting hairs over words. According to the Rules of Procedure, a Member must read out the main question exactly as it appears in the version published on the agenda, failing which he will not be permitted to ask the question.

1848 LEGISLATIVE COUNCIL ― 20 November 2019

MR HUI CHI-FUNG (in Cantonese): Alright, President, I stand corrected. "The 'Anti-extradition to China' movement" that I referred to just now is equivalent to "the movement of opposition to the proposed legislative amendments".

PRESIDENT (in Cantonese): Mr HUI, please sit down.

Second question.

(Mr James TO left his seat and walked hurriedly to the front of the President's podium)

MR JAMES TO (in Cantonese): How could this be? You have really gone too far. What do you mean?

PRESIDENT (in Cantonese): Mr James TO, please return to your seat.

MR JAMES TO (in Cantonese): What is wrong with you?

PRESIDENT (in Cantonese): Please return to your seat.

MR JAMES TO (in Cantonese): What do you want?

PRESIDENT (in Cantonese): Mr James TO, please leave the Chamber immediately.

(Mr James TO kept speaking loudly while standing in front of the President's podium. At this point, a Member shouted that the President had colluded with pro-establishment Members)

LEGISLATIVE COUNCIL ― 20 November 2019 1849

PRESIDENT (in Cantonese): I have not. Mr James TO, please leave the Chamber.

(A Member indicated a wish to raise a point of order)

MR JAMES TO (in Cantonese): President, he has already read out what he meant to ask. President, will you please again … President, I am about to return to my seat …

PRESIDENT (in Cantonese): Mr HUI has not read out his question as per the version published on the agenda.

MR JAMES TO (in Cantonese): Please go through the video footage before making a ruling.

PRESIDENT (in Cantonese): I can go through the video footage. I now suspend the meeting.

11:14 am

Meeting suspended.

12:17 pm

Council then resumed.

PRESIDENT (in Cantonese): Mr HUI Chi-fung, earlier on, in accordance with the Rules of Procedure, I granted you permission to ask this oral question, and the content of the question in the version approved by me was printed on the agenda.

1850 LEGISLATIVE COUNCIL ― 20 November 2019

Just now, the question Mr HUI Chi-fung asked was not consistent with the version approved by me, so I asked him to read it out again as per the version approved by me, but he did not do so. I then suspended the meeting.

While the meeting was suspended, I met with Mr HUI Chi-fung. He expressed his understanding of the relevant requirements and his hope that I would give him a chance to read out his question again.

After consideration, I decided to exercise my discretion to grant him permission to read it out again, but I must point out that this should not be regarded as a precedent. I remind Members once again that, in future, questions must be read out exactly as they appear in the version approved by me.

MR HUI CHI-FUNG (in Cantonese): I thank Mr LEUNG for his great kindness. I now read it out once again. The movement of opposition to the proposed legislative amendments ("the movement") has not subsided since its eruption in June this year. It has been reported that as revealed by the findings of a number of public opinion surveys, more than 70% of members of the public support the appointment of a commission of inquiry by the Government under the Commissions of Inquiry Ordinance to inquire into issues relating to the movement. However, the Government has all along merely indicated that the matters relating to the various large-scale public events and the operations conducted by the Police have been referred to the Independent Police Complaints Council ("IPCC") for examination, and that IPCC would submit a report together with improvement recommendations. As all members of IPCC are appointed by the Chief Executive, some members of the public consider that IPCC has a pro-government stance and they have little confidence in the independence of IPCC's work. In this connection, will the Government inform this Council:

(1) among the complaints received by the Complaints Against Police Office in each of the past three years, of the number and percentage of substantiated cases, and among the complaints involving accusations of assault, the number and percentage of substantiated cases;

(2) given that IPCC is not empowered to summon witnesses and carry out investigations, how the Government ensures that the report to be published by IPCC in future will provide a comprehensive and an LEGISLATIVE COUNCIL ― 20 November 2019 1851

objective analysis of the causes of the movement, and that IPCC will reach an objective and an impartial conclusion about whether or not police officers have used force excessively; and

(3) in respect of conducting inquiries into issues relating to the movement, whether it has assessed the merits and demerits for the relevant work to be taken up by an independent commission of inquiry or by IPCC, whose members' independence has been called into question; if so, of the outcome?

SECRETARY FOR SECURITY (in Cantonese): President, under the Independent Police Complaints Council Ordinance ("IPCC Ordinance") (Cap. 604), the statutory functions of the Independent Police Complaints Council ("IPCC") include observing, monitoring and reviewing the handling and investigation of reportable complaints by the Complaints Against Police Office ("CAPO") and making recommendations on the handling and investigation of complaints. IPCC may also identify any fault or deficiency in any practice or procedure adopted by the Police that has led to or might lead to reportable complaints, and make recommendations to the Police and/or the Chief Executive. The mechanism of complaint against the Police is a well-established two-tier statutory mechanism, with the first tier being CAPO of the Police which receives and investigates complaints; and the second tier being IPCC which is a statutory body. The two-tier complaint mechanism operates effectively under IPCC Ordinance, which provides a clear legal basis to ensure that complaints against the Police will be handled in a fair and just manner.

Under the two-tier mechanism, when CAPO, the operation of which is independent of other units of the Police, has completed the investigation of a reportable complaint, it will submit a detailed investigation report for IPCC's scrutiny. If IPCC is of the view that there is deficiency in CAPO's handling and investigation, it may request CAPO to make clarification or further investigation. Meanwhile, IPCC may convey its views and recommendations to the Commissioner of Police and the Chief Executive in respect of any complaint case.

IPCC has been monitoring and scrutinizing CAPO's work in handling and investigating complaints comprehensively along the principles of fairness, justice and impartiality. IPCC is composed of non-official members from various 1852 LEGISLATIVE COUNCIL ― 20 November 2019 sectors of the community, including Legislative Council Members. With their rich experience in the community and public service, IPCC members directly monitor the Police's work in complaint investigation in an in-depth and objective manner, and are supported by an independent full-time secretariat. Doubts about the independence of IPCC are unfair to its members and observers who have been profoundly dedicated to monitoring the Police's work in complaint investigation.

Since 9 June this year, more than 800 protests, processions and public assemblies have been staged in Hong Kong. In response to public concerns regarding law enforcement actions by the Police in major public order events ("POEs"), IPCC has, pursuant to the powers conferred by IPCC Ordinance, proactively initiated a study on the major POEs in Hong Kong since 9 June and the corresponding actions taken by the Police, and established a Special Task Force and an International Expert Panel to this end. IPCC will announce the progress of the study by phases, and has stated that it would endeavour to submit the preliminary report of the study to the Chief Executive and publish the relevant details within the original time frame (i.e. early 2020). The Government will closely monitor and carefully study IPCC's reports and its recommendations in order to decide on the follow-up action.

Meanwhile, the Chief Executive announced on 4 September this year four actions to help Hong Kong move forward. One of the actions is to invite community leaders, professionals and academics to independently examine and review the society's deep-seated problems and to advise the Government on the solutions. The independent review panel will examine the underlying causes of the social incidents in the past few months so as to stocktake and study the different deep-rooted society conflicts, and recommend solutions. The Government is undertaking the preparatory work and will start work on the independent review panel as soon as practicable after the situation has stabilized somewhat.

My reply to various parts of the Member's main question is as follows:

(1) In 2015-2016, 2016-2017 and 2017-2018, CAPO handled 3 360, 2 807 and 2 872 allegations respectively, of which 81, 49 and 68 allegations were "substantiated", accounting for 2.4%, 1.7% and 2.4% of the total number of allegations received during the years concerned. Three hundred and forty-six, 245 and 181 allegations LEGISLATIVE COUNCIL ― 20 November 2019 1853

involved "assault" respectively, of which one, zero and one allegations were "substantiated", accounting for 0.3%, 0% and 0.6% of the total number of allegations involving "assault".

(2) and (3)

IPCC operates independently and discharges its statutory functions under IPCC Ordinance. Regarding the study on recent major POEs, IPCC has set up multiple channels, including those through email, a hotline, mail and an electronic platform, for stakeholders (including the media and members of the public) to provide information relevant to recent major POEs, so as to help IPCC examine and clarify the events concerned. The Special Task Force established by IPCC has held a number of meetings with the Police, which have all along been providing IPCC with information regarding police operations in the POEs.

IPCC has also invited international experts to provide international experience and advice with a view to enriching its study from another angle. According to its statement, as at 4 October this year, IPCC had received more than 11 800 submissions containing more than 41 400 items of information. As at 18 November this year, 372 "Reportable Complaints" and 762 "Notifiable Complaints" stemming from major POEs had been received. The investigation work for each complaint is closely monitored by IPCC and its 120 Observers.

IPCC's study and monitoring work as aforementioned are arduous and complex, and the relevant events are still evolving. We need to give IPCC the necessary time and room so that it can focus on completing its work. The Government will cooperate fully with IPCC and ensure that the IPCC Secretariat is provided with adequate resources to carry out its work. The report to be submitted by IPCC to the Chief Executive will be made available to the public for examination in detail.

We understand the community's concerns about the recent major POEs and the proposals put forward for reviewing the underlying causes of the social incidents in the past few months, identifying 1854 LEGISLATIVE COUNCIL ― 20 November 2019

deficiencies and deep-rooted social conflicts, etc., such as establishing committees of different natures (including the one referred to in part (3) of the main question), or a "Riots Communities and Victims Panel" modelling on the experience of the United Kingdom. I should stress that the purpose, nature and scope of the current study of IPCC are different from and cannot be directly compared to those of the different organizations mentioned above. IPCC has the statutory function to identify any fault or deficiency in any practice or procedure of the Police that has led to or might lead to reportable complaints, and make recommendations. It also has sufficient experience to focus on the handling of complaints against the Police. We are of the view that IPCC should be allowed to perform its functions under the established mechanism, and to report on and publicize its study. The Government will accordingly consider the relevant findings and follow up as appropriate.

MR HUI CHI-FUNG (in Cantonese): The Secretary has clearly indicated in his main reply that, among the 300-odd complaints involving assault by police officers, only one was substantiated, accounting for less than 1%. How can the public have confidence? Had IPCC possessed investigative powers and credibility, the public resentment would have long died down. In fact, it is simply impossible for IPCC to look into the core of the police brutality problem.

Against this background, Mr LEUNG, society has actually reached a consensus on the establishment of an independent commission of inquiry, which is also shared by members of the public with a neutral or "light blue" stance. I wish to ask the Government: Why does it continue to oppose the demand? Is the Government so afraid of the Police Force that it would rather condone their continued arbitrary arrests? Or is it so afraid of Beijing that it would rather destroy the future of Hong Kong than set up an independent commission of inquiry to investigate the problem of police brutality?

SECRETARY FOR SECURITY (in Cantonese): President, I believe that, after final examination, CAPO and IPCC can come up with a finding that reflects the overall performance of the Police Force. We should not look at only one year's figures. Maybe I can let Members examine the figures covering three years for comparison. In fact, what I mentioned just now in the main reply were three LEGISLATIVE COUNCIL ― 20 November 2019 1855 years' figures. Regarding the past work of the Police Force in maintaining law and order and the public's acceptance of the Police's relevant work performance, as we all see, the number of complaints that have been genuinely substantiated over so many years―three years―has reflected the overall performance of the Police Force over a period of time. The overall performance over the past three years is a precise reflection of the Hong Kong Police Force as a professional and qualified force. Now that due to the different POEs which have taken place since June, the number of complaints has certainly increased, but in the reports published by IPCC in the past, we see that the number and proportion of substantiated complaints were similar every year, which epitomizes the professionalism and performance of the Police Force in this respect. Therefore, IPCC's figures have reflected that we have a professional and excellent police force.

In addition, I have made my point very clear earlier in the main reply. In response to the different views put forward on how to deal with the problem in question in the future, I have already indicated, in my earlier reply to the question, the Government's stance in this respect and how it intends to follow up on the matter.

MR CHAN HAK-KAN (in Cantonese): President, during the movement of opposition to the proposed legislative amendments over the past five months, an untold number of disturbances and riots have actually taken place, basically involving all the 18 districts across Hong Kong, and the Police have deployed a large quantity of equipment and devices. According to what the Secretary said earlier in the main reply, the number of reportable complaints has reached nearly 1 000. I would like to ask: Have the authorities correspondingly increased the resources for supporting IPCC's work? Besides, with only one month to go until the time for IPCC to submit a report, I am very worried whether IPCC will be in such a hurry to "hand in its assignment" that it does not adequately collect information or listen to demands from the complainees (e.g. police officers), complainants or members of the public, thus rendering the report incomprehensive or unfair to a particular party. Will this happen?

SECRETARY FOR SECURITY (in Cantonese): President, we have made it fully clear to everyone that we will give every support to IPCC's work. Therefore, in the financial year of 2019-2020, the Government has provided a 1856 LEGISLATIVE COUNCIL ― 20 November 2019 funding of $96 million for IPCC to meet the expenditure on salaries, allowances and other operating expenses. This allocation, which has increased by $17 million, or more than 20%, as compared with the last financial year, is mainly for recruiting additional staff. Moreover, we will respond to the needs of IPCC; if IPCC asks for any support from the Government, we will be more than willing to consider such requests.

In addition, CAPO also actively supports IPCC's study in this respect, and has set up an independent team to deal with the relevant complaints. A 13-member team, under the command of a police superintendent, was formed in the first stage. The membership of this special team has subsequently doubled to cope with the enormous number of complaints. Hence, there are currently 26 members in CAPO's special team responsible for handling these complaints under the command of two police superintendents. At the same time, the Government will provide all available support for IPCC and CAPO.

MR CHAN HAK-KAN (in Cantonese): President.

PRESIDENT (in Cantonese): Mr CHAN, which part of your supplementary question has not been answered?

MR CHAN HAK-KAN (in Cantonese): The Secretary has not answered me whether IPCC will, due to the insufficient time, finish its work in a hurry given that there is only one month to go before it "hands in its assignment", thus rendering the investigation unfair or biased?

PRESIDENT (in Cantonese): Secretary for Security, do you have anything to add?

SECRETARY FOR SECURITY (in Cantonese): President, IPCC has made it very clear that it will definitely conduct the relevant study in a fair and just manner. IPCC operates independently, so I must respect its autonomy of work. However, IPCC has also pointed out that its report will be an interim one. As to whether the interim report will comprehensively cover the entire matter, or how LEGISLATIVE COUNCIL ― 20 November 2019 1857 much it will cover, I believe that IPCC will prudently tell us the extent to which its study has achieved its goals when the report is published. Nevertheless, the principle is still that the study should be conducted in a fair and just manner, and this will remain unchanged.

MR MICHAEL TIEN (in Cantonese): President, Secretary, it has been my view, since 9 June, that it will be most appropriate and suitable to have an independent commission of inquiry led by judges to inquire into the movement of opposition to the proposed legislative amendments, and this approach has also received growing support from the public. Recently, many public opinion surveys have also shown this trend, and all of us have aired our views very clearly on this. The problem with IPCC lies in the fact that it only investigates the police, while the scope of an inquiry into the whole movement of opposition to the proposed legislative amendments covers the Government's role, the sources of funds for protesters, other aspects and backgrounds, and the identities of the organized groups of white-clad attackers. Therefore, the role of the independent commission of inquiry will not in any way overlap with that of IPCC.

So far, the Government has neither launched any inquiry, nor has it done anything. Following in its wake, the Chief Executive has said that the aforesaid approach will not be taken into consideration unless there is controversy in society about IPCC's report upon its completion. However, now that the overseas experts have described IPCC as a toothless tiger whose words do not carry any weight, there are no prizes for guessing that there will be controversy. Since IPCC's report must be controversial after it is released, Secretary, why do we still procrastinate? Will there be no inquiry into the other three aspects? I mean, if there is no controversy in society about IPCC's report, will we just let the matter rest? Do we not need to inquire into the protesters' backgrounds, the Government's role and other aspects? Could the Secretary give a response?

SECRETARY FOR SECURITY (in Cantonese): President, as I have made clear in the main reply, there were different views calling for the Government to do different things regarding the whole incident, and the Government's position was clearly explained when the Chief Executive put forward her four actions. The four actions includes not just the withdrawal of the Bill, but also an expressed support for IPCC's work, which will enable us to identify the institutional and procedural deficiencies in the police's handling of this matter 1858 LEGISLATIVE COUNCIL ― 20 November 2019 currently. The third action is to engage in an open dialogue with the public. Besides, we will conduct independent examination and set up a review panel, which I have just mentioned in the main reply.

The suggestion just made is one of many. As stated in my main reply, there is also suggestion that another panel should be set up, drawing on the practice of the United Kingdom, to conduct study on riots, communities and victims. We also deal with other aspects, such as the investigation of criminal liability and participation in riots. The matters asked in the supplementary question earlier will also be covered by the police investigation. Therefore, we will certainly take different suggestions into consideration.

PRESIDENT (in Cantonese): Mr TIEN, which part of your supplementary question has not been answered?

MR MICHAEL TIEN (in Cantonese): President, do you think the Secretary has answered my supplementary question?

PRESIDENT (in Cantonese): I think the Secretary has already answered your supplementary question. However, if you are not satisfied, you can follow up with the Secretary on other occasions.

MR MICHAEL TIEN (in Cantonese): Okay, President, you think the Secretary has already answered my supplementary question.

PRESIDENT (in Cantonese): Second question.

Chemicals used to disperse demonstrators

2. DR HELENA WONG (in Cantonese): Since the eruption of the "anti-extradition to China" movement in June this year, the Police have fired thousands of tear gas rounds, used tear spray and sprayed coloured water from water cannon vehicles in densely-populated areas to disperse demonstrators. LEGISLATIVE COUNCIL ― 20 November 2019 1859

Some research findings have shown that persons who have inhaled tear gas will develop temporary symptoms such as tearing, coughing, runny nose and vomiting, and they may feel discomfort in their respiratory tracts or lungs for a period of as long as two weeks. Persons who have been hit by tear spray or coloured water will experience burning sensation of skin or temporary loss of sight. In this connection, will the Government inform this Council:

(1) whether it will make public the models, places of origin and detailed composition of the tear gas rounds and tear spray currently used by the Police; if so, of the details; if not, the reasons for that; whether it knows if tear gas rounds will give off cyanide and dioxins during the combustion process;

(2) whether the Food and Environmental Hygiene Department will deploy staff to the areas concerned to carry out decontamination, so as to alleviate the health impacts of such chemicals on members of the public; if so, of the details; if not, the reasons for that; and

(3) whether it studied, in the past six months, the impacts of the chemicals contained in tear gas rounds (in particular those made in China), tear spray and coloured water on food, potable water, the environment and ecology in the areas concerned; if so, of the details; if not, whether it will conduct such a study; whether it will, before it has been ascertained that the chemicals concerned will not cause serious health hazards to members of the public, suspend the use of such weapons?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the Government appeals to the public to express their demands in a peaceful and rational manner, to tolerate different views expressed in the community, and to respect the rule of law.

The Government fully understands the public's concern on the impact of chemicals such as tear gas on health, food safety, drinking water and the environment. In consultation with the Security Bureau, the Department of Health ("DH"), the Environmental Protection Department ("EPD"), the Food and Environmental Hygiene Department ("FEHD"), the Water Services Department and the Hospital Authority ("HA"), consolidated reply to the various parts of the question raised by Dr Helena WONG is as follows:

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(1) Members of the public have the right to expression, speech and assembly. But they must do so in a peaceful and lawful manner. When illegal acts such as unlawful assemblies, arson, hurling petrol bombs and attacking other members of the public occur, the Police have a statutory duty to maintain public safety and public order.

On the procurement of equipment and ammunitions, the Police have been sourcing globally for safe and suitable equipment and ammunitions in accordance with the established procedures to meet their operational needs. As the procurement details of the equipment used by the Police involve operational deployment, the Police considered that it would be inappropriate to disclose procurement details as it would affect the Police's operational capability. The Police will continue to use tear gas in a safe manner in accordance with the guidelines issued by the manufacturer and internally.

In addition, it is understood that combustion of any substance could produce different chemicals, including cyanide and dioxin. The nature, quantity and concentration of chemicals produced would be subject to the duration, temperature of combustion and the substance itself. DH and Hong Kong Poison Information Centre of HA have reviewed relevant medical literature and scientific evidence but have found no literature or scientific evidence on dioxin poisoning cases caused by the use of tear gas. Also, given the short duration of combustion of tear gas canisters, any cyanide produced would quickly disperse in the air.

(2) After large-scale public order events, FEHD would, subject to road conditions, arrange employees and cleansing service contractors (including cleansing workers) to provide street cleansing services.

FEHD has issued guidelines to its employees and cleansing service contractors, including points to note and the use of personal protective equipment for cleansing the residues of chemicals. The guidelines stipulate, among others, that cleansing workers should wear face masks, rubber gloves, rubber aprons when conducting relevant work, and put on respirators (N95 type or compatible), goggles and caps if considered necessary. Cleansing workers LEGISLATIVE COUNCIL ― 20 November 2019 1861

should, upon discovery of dangerous goods or chemical waste, report to FEHD which will then refer the case to the relevant departments. FEHD also conducts routine and surprise inspections to check on its cleansing service contractors' performance.

(3) On the impact of tear gas, pepper based solution and colourants, insofar as food safety is concerned, the Centre for Food Safety has provided advice on its website to the general public on how to prevent contamination of food and handle contaminated food. Generally speaking, food may be contaminated by different substances in the environment. Whether contaminants will affect food safety depends on a number of factors, such as the storage conditions of the food, the duration of exposure and the concentration of contaminants. To reduce the risk of food contamination, food should be properly stored in suitable places such as clean and covered food-grade containers. In general, contaminants on the surface of some kinds of food, such as fruits or vegetables, can be reduced by washing with running water. For the sake of prudence, food suspected to be contaminated or showing abnormality should not be consumed.

In respect of drinking water, the drinking water in Hong Kong are sourced from imported water from Dongjiang and rainwater from local catchments. Since the sources are located at country parks or remote areas, the drinking water would not be contaminated by chemicals. In addition, the drinking water in Hong Kong undergoes rigorous treatment processes in water treatment works and is supplied through concealed pipes to consumers whose internal plumbing systems are generally enclosed as well. Therefore, the risk of contaminating drinking water by chemicals is very low.

On the environmental aspects, tear gas is basically substance in the form of particulates and would disperse within localized areas. EPD considered that it would not have significant impact on the overall air quality. Since June 2019, EPD has not detected any abnormality in the air quality and water quality monitoring stations.

Lastly, the Police understand the community's concerns about the use of tear gas near residential buildings, and will take into account 1862 LEGISLATIVE COUNCIL ― 20 November 2019

the safety and interests of the affected people as far as possible when using the tear gas. Before the operation, the Police will, as far as possible, maintain close contact with the nearby building management offices, commercial tenants and elderly homes through various channels to remind them of Police's possible actions in relation to the demonstration activities so that they can make arrangements accordingly. During the operation, the Police will also appeal to residents in the vicinity to pay attention to the situation through social media and press releases, and to close the windows and stay indoor in a safe place if necessary.

DR HELENA WONG (in Cantonese): President, I think Secretary Sophia CHAN as the Secretary for Food and Health is not subordinated to the Secretary for Security. I am now asking the Secretary whether she knows about the composition of the tear gas canisters used by the Police Force under the Security Bureau. The Secretary says that according to the Police, the composition is safe. But is that really safe? Has the Secretary conducted any test? As the Secretary for Food and Health, she cannot possibly leave the public's health unprotected. It is because many people now have a query that as Mainland-made tear gas canisters produce magnesium and aluminium and burn at a high temperature during combustion, and CS (2-chlorobenzalmalononitrile) is an active component most commonly found in tear gas canisters, the combustion of those organic chlorine-containing compounds in high temperatures will give off dioxin and cyanide, among which dioxin is a highly toxic carcinogenic substance.

The Police say that since operational deployment is involved, it would be inappropriate to disclose the chemical composition concerned. But it is a matter of the consideration for the Security Bureau. What the Secretary ought to consider are public health and environment. Tear gas canisters supplied by the United States―I am not sure whether Hong Kong has procured them―are accompanied with a safety data sheet ("SDS") that consists of as many as 15 pages, on which the chemical components or any toxic substances are listed out in detail. It also carries clear instructions on how to perform first aid treatment, what to do if a person gets shot in the eye with a tear gas canister, if he has swallowed tear gas, or if it has come into contact with his skin. The first aid guidance is very clear. It also lists out what firemen should use to put out the fire …

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PRESIDENT (in Cantonese): Dr Helena WONG, please raise your supplementary question directly.

DR HELENA WONG (in Cantonese): … and how to carry out cleaning and disinfection afterwards.

President, I think the Secretary for Food and Health should obtain the SDS concerned from the Security Bureau and release it to the public. Otherwise, how can we know whether the tear gas canisters used at present are toxic and what to do to handle the situation? The Secretary now says that N95 respirators should be used. But as far as I understand from the information on the SDS, instead of wearing N95 respirators which is useless, NIOSH positive-pressure respirators or European EN149 respirators should be used. Is the Secretary answering us randomly now? Then who is going to protect the staff of FEHD? For the schools or hospitals currently affected by tear gas, what should they do to clean up the places afterwards? Those guidelines given by the Secretary are incorrect, just wrong.

SECRETARY FOR FOOD AND HEALTH (in Cantonese): I thank Dr Helena WONG for the question. The Food and Health Bureau, DH and the Centre for Food Safety are very concerned about this issue, and have engaged various experts to discuss it at meetings in response to public concern over this issue. We also have internal communications with the Police. As I said earlier, as the procurement details of the equipment used by the Police involve operational deployment, the Police considered that it would be inappropriate to disclose such details as it would affect the Police's operational capability.

Nevertheless, in regard to what substances and whether dioxin or cyanide, for instance, will be given off from tear gas, we have conducted some internal studies. Apart from consulting experts, DH and the Hong Kong Poison Information Centre of HA have also conducted studies in this aspect. After studies, we have found that, in fact, no research has shown whether or not tear gas will release dioxin. Notwithstanding this, dioxins actually exist in our environment and in the air. At present, there are ample medical literature and scientific evidence showing that a large amount of dioxins will be released during a hill fire, a fire outbreak or the burning of some substances like plastic. Therefore, dioxins probably exist in our environment.

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On the issue of cyanide, the Environment Bureau and EPD have also provided some information to us. In our view, as Dr WONG just said, the most important task is to safeguard public health. For members of the public who have been exposed to tear gas, if they wish to know how to clean up and deal with it, they may refer to those health information and guidelines on handling such situation issued by the Centre for Health Protection of DH. The Honourable Member just mentioned the issue of street cleansing by FEHD. In the main reply, I have highlighted that FEHD will step up its cleansing work particularly in the areas or streets affected by tear gas. Of course, FEHD will wait for the Police's instruction and only carry out the cleansing work when the road conditions are safe. It will also issue guidelines and provide protective equipment to its staff …

PRESIDENT (in Cantonese): Dr WONG, which part of your supplementary question has not been answered?

DR HELENA WONG (in Cantonese): I might have not put the question clearly just now. I would like to ask this follow-up question: Will the Secretary obtain the SDSs concerning tear gas canisters and OC water jet packs from the Security Bureau and make these SDSs public?

PRESIDENT (in Cantonese): Dr WONG, you have already pointed out the part of your supplementary question that has not been answered. Secretary for Food and Health, do you have anything to add?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): I will add briefly that we actually have been in continuous liaison with the Police. They have also pointed out to us that, in fact, the tear gas canisters used by the Police, firstly, do not have much difference with those used in other places of the world, secondly are procured with care, and thirdly are guaranteed safe.

DR HELENA WONG (in Cantonese): That is what they say. Does the Secretary simply believe it to be so?

LEGISLATIVE COUNCIL ― 20 November 2019 1865

PRESIDENT (in Cantonese): Dr WONG, you have already raised your supplementary question. If you are still dissatisfied, you can follow up through other channels.

(Dr Helena WONG continued speaking while standing)

PRESIDENT (in Cantonese): Dr WONG, please sit down. Dr Pierre CHAN, please ask your question.

DR PIERRE CHAN (in Cantonese): Secretary, I would like to follow up on your answer. No matter internally or externally, your answer is that you are not very clear about the chemical composition of tear gas or are unable to disclose the chemical composition due to other reasons. However, at the same time, you tell us that there are no problems with the chemical composition, residues or chemical substances of tear gas, and they are safe.

I find it hard to comprehend your answer, because some medical staff, including the colleagues in the Queen Elizabeth Hospital, do not know how to cleanse the air conditioning system of the hospital, and whether using bleach for cleaning up tear gas residue will generate any chemical reaction. Given that even the Secretary knows nothing about the chemical composition concerned, what should we do to handle it? Why did you say that it can be handled by doctors and nurses? Let me tell you I do not know how to handle it. This is why we are so concerned about its chemical composition. When we know its chemical composition, we will be able to know how to handle it. This is the only way that will help things out. The above is my supplementary question.

SECRETARY FOR FOOD AND HEALTH (in Cantonese): I thank Dr Pierre CHAN for the supplementary question. We have held meetings with experts and various government departments, and DH and the Hong Kong Poison Information Centre of HA have reviewed some relevant medical literature and scientific evidence. Hence, we know about the general composition of tear gas. However, we have found no literature and scientific evidence on dioxin poisoning cases caused by the use of tear gas. Aside from medical literature, in some cases in which the patients sought medical help after contact with tear gas as shown in 1866 LEGISLATIVE COUNCIL ― 20 November 2019 the information provided by HA, the symptoms would generally disappear in a short period of time and the patients did not need to be hospitalized. Besides, the Police also highlight that given the short duration of combustion of tear gas canisters, any cyanide produced would quickly disperse in the air.

As we could see, tear gas canisters were usually fired in streets or open areas. It is pointed out by the experts of the Environment Bureau and confirmed in some international literature that dioxins will also be created in open burning of garbage and wood, and this is the major source of dioxin generation in the world at present. Hence, in fact, hurling petrol bombs and burning some liquid and miscellaneous objects will also give off dioxin. At this moment, our most important task is to help the affected citizens solve the cleansing problem. Moreover, if citizens seek medical help in hospitals, our colleagues in HA actually know how to deal with these cases.

MR LAU KWOK-FAN (in Cantonese): President, the Secretary just highlighted in her reply that some toxic substances like dioxin will be released not only from tear gas, but also in the burning of various kinds of objects. Now that protesters in various districts sometimes burn garbage, roadblocks, water-filled barriers and so on, and this will give off a large amount of dioxin. Members of the public are worried that they will inhale dioxin when they encounter tear gas or burning of miscellaneous objects. May I ask the Secretary whether there is any information kit teaching the public how to deal with the situation or providing any assistance?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): I thank Mr LAU for the supplementary question. We are very concerned about ecological environment. Tear gas is basically substance in the form of particulates and will disperse within localized areas. Hence, EPD considers that it will not have significant impact on air quality. Notwithstanding this, our guidelines also cover a few aspects. Firstly, the Centre for Health Protection of HD points out that generally speaking, the impact of tear gas on health is short-term. In case members of the public find that there are chronic problems or their skin are affected in some way, I hope that they can seek medical help. Of course, the guidelines also provide advice on tear gas cleaning and handling.

LEGISLATIVE COUNCIL ― 20 November 2019 1867

Secondly, in terms of food, the Centre for Food Safety also has a set of guidelines on the handling of food which has likely been exposed to tear gas. Basically, we should not consume the food if we feel worried. These are all listed in detail in the guidelines.

Thirdly, in terms of street cleansing or in-door, domestic cleansing, it is also explained in the guidelines that it is better to use soapy water than pure water, especially for cleansing indoor areas. Besides, in order to prevent the particulates from floating up into the atmosphere, hot water, high-pressure water jets or vacuum cleaners should not be used.

PRESIDENT (in Cantonese): Third question.

Tear gas residue

3. MR KENNETH LEUNG (in Cantonese): President, since the eruption of the disturbances arising from the opposition to the proposed legislative amendments in June this year, the Police have repeatedly fired tear gas rounds in densely populated areas or even indoor areas. It is learnt that the crystalline particles of the various types of compounds in tear gas, which are non-volatile, will settle downward and may be carried away by the wind and adhere to objects, including textile fibres and the air circulation systems of buildings, posing a threat to public health in the long term. Furthermore, the results of some experiments conducted overseas have shown that groups which have been exposed to tear gas may have a higher risk of developing chronic respiratory problems in future, such as morning cough, production of thick sputum, chest pain, damages to lung tissue and breathing difficulty. In this connection, will the Government inform this Council:

(1) of the number of person-times for medical consultations sought on respiratory diseases by persons who reported to have been exposed to tear gas and the relevant incidence rates, the average 24-hour concentrations of fine respirable suspended particulates in those areas on those days on which the Police fired tear gas rounds there, since June this year, and the outcome of a comparison of such data with the relevant data for the same period last year;

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(2) whether it has grasped the data and information related to the impacts of tear gas residue on human body and the environment; and

(3) whether it will arrange professionals to check the concentration of tear gas residue in the indoor areas and nearby buildings affected by tear gas, and thoroughly clean up the contaminants concerned; if not, of the justifications for that?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the Government appeals to the public to express their demands in a peaceful and rational manner, to tolerate different views expressed in the community, and to respect the rule of law.

The Government fully understands the public's concern on the environmental and health impact of tear gas. In consultation with the Security Bureau, the Department of Health ("DH"), the Environmental Protection Department ("EPD"), the Food and Environmental Hygiene Department ("FEHD") and the Hospital Authority ("HA"), I now give a consolidated reply to the various parts of the question raised by Mr Kenneth LEUNG as follows. Honourable Members may have noticed that Secretary for the Environment WONG Kam-sing is also present to answer this question together with me.

(1) According to HA, there were cases where people attended the accident and emergency ("A&E") departments of HA due to discomfort after exposure to tear gas. Those who were exposed to tear gas generally experienced mild respiratory and skin irritation, and there was no serious health impact reported. Most of them could be immediately discharged after rinsing and receiving treatment at the A&E departments. Decontamination facilities are available at all 18 A&E departments of HA for treating patients who have been exposed to biochemical or hazardous substances. Health care personnel are also experienced in treating these cases. DH and HA do not maintain statistics of relevant attendances and incidence rates.

LEGISLATIVE COUNCIL ― 20 November 2019 1869

In terms of environmental impact, tear gas is mainly a particulate compound. Since it is heavier than air, its dispersion is limited. EPD has analysed all the particulate matter ("PM") data recorded at the air quality monitoring stations near the areas where tear gas was launched since June this year. The analysis is done by comparing the PM levels recorded at the monitoring station during the period when tear gas was launched and the period before, as well as comparing the data with those recorded at other monitoring stations near the areas where no tear gas was launched during the same period. According to the analysis, EPD did not find any anomalies in the PM levels recorded at the monitoring stations near the areas where tear gas was launched. On the other hand, there were instances showing that when arson activities took place near a monitoring station, the PM concentrations recorded at the station increased to a high level for several hours which was almost double the normal levels for that day. This reflects that arson activities will affect the air quality in the vicinity. In the past few months of conflicts, various protesters hurled large quantities of petrol bombs and committed arson at various locations. Activities included open burning of refuse, sundries, shops and even vehicles. These arson attacks generated a large amount of smoke and toxic chemicals (including dioxins).

As regards the water environment, EPD did not find any anomalies in the monitoring results recorded at any water quality monitoring stations since June this year.

(2) and (3)

On the health effects of tear gas, DH has uploaded health information on tear gas to the website of the Centre for Health Protection for the reference of the general public. Honourable Members may refer to the Annex for the relevant health information. In general, health effects of tear gas depend on a number of factors, such as the specific chemical composition of the tear gas, duration and dose of exposure, exposure route, health conditions of the individuals and the physical environment during exposure. Individuals who had been exposed to tear gas with persistent discomfort should consult health care professionals.

1870 LEGISLATIVE COUNCIL ― 20 November 2019

Cleansing should be carried out should a household is suspected of effects from tear gas residue. Disposable cleaning items are preferable. Suitable personal protective equipment such as masks, rubber gloves and rubber aprons should be worn. In general, contaminated surfaces could be wiped by cloth soaked with soapy water but hot water should not be used in order to avoid evaporating the materials. Also, residual materials should not be stirred up and therefore tools such as high pressure water jets and brooms, as well as electric fans, should not be used. The disposable cleaning items should be properly packed (such as in a sealed plastic bag) after cleaning and then disposed of.

On the environmental impact of the tear gas residue, since the tear gas is mainly a particulate compound and heavier than air, it will settle on the ground soon after it is launched. The residue in general will settle on surface of objects, and it will not suspend in the air for a long time. As I mentioned in part (1) of the main reply, there have been no anomalies in EPD's monitoring statistics on the PM levels since June this year. As regards the water environment, EPD did not find any anomalies in the monitoring results recorded at any water quality monitoring stations since June this year.

FEHD has issued working guidelines to its employees and cleansing service contractors, including points to note and the use of personal protective equipment for cleansing the residues of chemicals in venues under the management of FEHD. The guidelines stipulate, among others, that cleansing workers should wear face masks, rubber gloves and rubber aprons when conducting relevant work, and put on respirators (N95 type or compatible), goggles and caps if considered necessary. Cleansing workers should, upon discovery of dangerous goods or chemical waste, report to FEHD which will then refer the case to the relevant departments for follow-up. FEHD also conducts routine and surprise inspections to check on its cleansing service contractors' performance.

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Annex

Health information on tear gas on the website of the Centre for Health Protection of DH

Tear gas is a crowd dispersal agent and many chemicals can be used as tear gas.

In general, post-exposure symptoms to tear gas may include stinging and burning sensation to eyes and other mucous membranes, tearing, salivation, runny nose, tight chest, headache, nausea, burning sensation of skin, and erythema of skin. These symptoms will usually disappear within a short time after exposure to tear gas. Information or literature on the chronic health effect of tear gas is limited. However, some studies suggest that tear gas exposure could cause persistent physical and psychological illnesses, in particular for children, elderly and patients with respiratory diseases or allergic conditions. In general, health effects of tear gas depend on a number of factors such as the specific chemical composition of the tear gas, duration and dose of exposure, exposure route, health conditions of the individuals and the physical environment during exposure.

The public should leave the area affected by tear gas immediately. Skin exposed to tear gas should be washed thoroughly with water and soap and contaminated clothing should be changed. Eyes with discomfort should be irrigated with large amount of water or saline. For persons who are in an indoor environment when tear gas is being released nearby, they should close all doors and windows, turn off the air conditioner, and could seal the gaps over the doors and windows with wet towels.

Concerning the question on how long a lactating woman should wait before breastfeeding again after exposure to tear gas, there is no relevant international guideline available at the moment. According to advice from the Hospital Authority toxicologists, active chemicals in the tear gas will decompose when coming into contact with the mucous membranes. As such, the chance of these chemicals accumulating in the breast milk is minimal. As a precaution, the experts recommend lactating women to avoid breastfeeding for one to two hours after exposure to tear gas. The recommended waiting time before breastfeeding would depend on the type of chemical exposure and the distance of exposure which would increase the dilution effect. In addition, lactating women should change their clothes and clean their hair and skin thoroughly before contacting the infants or breastfeeding them with a view to preventing the infants from contacting any tear gas residual materials.

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When cleaning the tear gas residual materials at home, disposable cleaning items are preferable. Suitable personal protective equipment such as masks, rubber gloves and rubber aprons should be worn. In general, surface with residual materials could be wiped by cloth soaked with soapy water but hot water should not be used in order to avoid evaporating the materials. Also, residual materials should not be stirred up and therefore tools such as high pressure water jet and brooms, as well as electric fans, should not be used. The disposable cleaning items should be properly packed (such as in a sealed plastic bag) after cleaning and then disposed.

Individuals who had been exposed to tear gas with persistent symptoms should promptly consult health care professionals.

For advice on food safety relating to tear gas or other substances, please visit the website of the Centre for Food Safety of FEHD (https://www.cfs.gov.hk/english/index.html)>Hot Topics>Advice to the Public on Contaminants and Food Safety.

MR KENNETH LEUNG (in Cantonese): President, the Secretary mentioned in paragraph two of part (1) of the main reply that "EPD did not find any anomalies in the PM levels recorded at the monitoring stations near the areas where tear gas was launched". But many people have told me that while they are concerned about the level of suspended particulates, the concentration of dioxins is a matter of even greater concern to them.

EPD has set up dioxin monitoring stations in Central and Western District and also Tsuen Wan District. But it looks like the Government has not published any monitoring statistics for the recent past three weeks. President, may I ask whether the Secretary for the Environment can publish the statistics on the average 24-hour concentration of dioxins recorded in Hong Kong over the recent past three weeks?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr LEUNG. I wish to point out here that the authorities keep monitoring the level of dioxins in Hong Kong over all these years. The level of dioxins has remained low all along, and it has even shown a gradual decline in recent years. Dioxins are generated from various sources, and traces of dioxins also exist in the air of our living environment. This is consistent with the case of various cities LEGISLATIVE COUNCIL ― 20 November 2019 1873 in the world. The statistics on the recent dioxin levels in Hong Kong have been uploaded onto the relevant web page. As it takes several weeks from collecting samples and transporting them to laboratories for conducting tests to obtaining test results, we will step up our work and, where appropriate and practicable, upload the statistics onto the relevant web page.

I wish to point out here that now that everyone is very concerned about the situation of Hong Kong, we must first understand the source of dioxin contamination. Throughout the world, the major source of dioxin comes from open burning of garbage. This is also the most common source of dioxin generation in the world, followed by perhaps burning of trees caused, for example, by hill fires. I have seen that, recently, there have been many cases of setting fire to shops and burning cars and trash in the streets of Hong Kong. Members also must have noticed the scope, duration and temperature of the combustion. Given their concern about dioxin levels, Members should have understood that all these acts precisely constitute the most important source of dioxin generation.

PRESIDENT (in Cantonese): Mr LEUNG, which part of your supplementary question has not been answered?

MR KENNETH LEUNG (in Cantonese): When will the authorities upload the statistics for November onto the relevant web page?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, as far as my understanding goes, the sampling work for November is now underway, and the laboratory test results will only be available a few weeks after sampling is completed. I understand that the public at large (including me) are concerned about the relevant situation, so we have asked the Government Laboratory to expedite this process as far as practicable. But I believe the latest test results will only be available in a few weeks' time.

MR HO KAI-MING (in Cantonese): President, if no incendiary bombs had been used to hurt people, no tear gas canisters at all would have been used for crowd dispersal. I think many Members have illustrated very clearly how they have sought to reverse the causal relationship between the two.

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The Secretary said just now that the major source of dioxin generation is the burning of materials like styrofoam, and of shops, vehicles, and so on. This is the main point. But to me, this is only of secondary importance. I am more concerned about chemical residue. It is learnt that 17.5 kg of concentrated sulphuric acid, 80 kg of concentrated nitric acid and 2.5 litres of hexane, respectively, were stolen from The Chinese University of Hong Kong. And I believe these chemicals have already been used to make incendiary bombs. In particular, inhalation of or exposure to hexane, among them, is sufficient to cause poisoning.

May I ask the Secretary how people can save themselves? I do not know on what day people may get poisoned near a protest spot. How can the authorities ensure people's safety? It will certainly be most desirable if Members from the pan-democratic camp can appeal to protesters to stop hurling incendiary bombs. But I do not believe they will do so. May I ask the Secretary how people can avoid getting poisoned and save themselves?

PRESIDENT (in Cantonese): The theme of this main question is tear gas residue. But let me see if the Secretary has anything to add.

SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, just now, Mr HO Kai-ming talked about the theft of chemicals, of which some are poisons, from various university laboratories. We are certainly very concerned about this. While the relevant departments of HA are trying their best to find out the effects of the missing poisons and chemicals on the body or the symptoms of poisoning, HA is racing against the clock to formulate guidelines for its employees to advise them on how to deal with such hazards as and when they arise. The relevant work is underway.

MS CHAN HOI-YAN (in Cantonese): Protection of public health and safety should be given top priority. I honestly cannot quite understand the contents of the main reply. Aside from the impact of tear gas, the authorities should tell us point-blank that the toxins and harmful substances released from the burning of organic chlorine-containing chemicals (namely plastic products, including traffic cones, vehicle tyres and water-filled barriers) may have a higher concentration than those from tear gas. If the authorities have such information, they should LEGISLATIVE COUNCIL ― 20 November 2019 1875 tell people clearly. However, the authorities keep telling people that rinsing with water and soap will suffice. This is actually detached from public opinion and public sentiments.

What does that mean? In parents' communication groups … At present, many schools are situated in the affected areas. I wonder if the two Secretaries are aware that the parents of many students are prepared to cleanse the school premises on their own. May I ask whether the two Secretaries can formulate clear guidelines? Besides, before announcing the resumption of classes, have the authorities held any meetings jointly with the Education Bureau, the Environment Bureau and toxicologists and conducted any on-site assessment on those schools or other places that have been affected? Why am I so concerned about the situation of schools? It is because kindergarten, primary and secondary school students are involved. Have the authorities measured the levels of toxins on school campuses and used them as the basis for evaluating whether it is now the appropriate time to resume classes? If schools need assistance from the authorities to carry out cleansing, measurement or even tests on the water of drinking fountains, will the authorities offer them assistance? Parents can be convinced that it is now safe to resume classes only if assessment is conducted.

Besides, children often touch things around them. Dioxins or other toxic substances can enter the human body through the skin, inhalation and oral ingestion. The relevant substances can enter children's body through not only oral ingestion but also skin contact. In that case, have the authorities formed any expert groups? If the answer is in the negative, can the authorities activate the mechanism immediately? It is because many parents have expressed worries about this in communication groups.

PRESIDENT (in Cantonese): Which Secretary will answer? Secretary for Food and Health, please.

SECRETARY FOR FOOD AND HEALTH (in Cantonese): Perhaps, let me give a reply first. The Secretary for the Environment may add his views afterwards.

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To begin with, I thank Ms CHAN Hoi-yan for her concern about schools. The Food and Health Bureau has also liaised with the Education Bureau on matters relating to schools. The Education Bureau has requested guidelines from us, and we have provided it with the existing guidelines issued by DH. These guidelines not only concern matters relating to cleansing but also contain some recommendations, such as providing information on the common symptoms that may be present.

As to the other question raised by Ms CHAN just now, if schools encounter any problems with cleansing, they may approach FEHD because FEHD is responsible for cleansing work. I am given to know that many schools have engaged cleaning companies on their own to carry out cleansing work. FEHD may provide guidelines in this respect. In addition, the guidelines issued by the Centre for Food Safety also contain explanations on matters relating to household cleaning. We are very concerned about all these issues.

As regard expert groups, we have held meetings with experts, including those from government departments (such as DH, HA and the Environment Bureau), those specializing in environmental studies and aerology, as well as chemical experts from relevant authorities. They have all been invited to look into this matter. After examining the relevant guidelines formulated by us, they have raised some points on cleaning to which people who have been exposed to tear gas should pay special attention. For example, they should not use only water for cleaning. As we have emphasized, they should use soapy water and avoid using hot water. High-pressure water jets and brooms should also not be used in order to avoid stirring up the residual particulates. Hot water, if used, will evaporate the particulates. We have already formulated relevant guidelines on all these aspects.

MR VINCENT CHENG (in Cantonese): President, since violent protesters seriously undermined law and order in society, the Police had no other alternative but to disperse crowds with tear gas. At the same time, when protesters kept setting fire, hurling incendiary bombs and petrol bombs, burning vehicle tyres and what not, huge plumes of thick and black smoke billowed into the air and drifted directly into people's homes.

Apart from the public guidelines on the website of the Centre for Food Safety as mentioned by the Secretary just now, may I ask whether the authorities can do more and think what else they can do for people who, unfortunately, are LEGISLATIVE COUNCIL ― 20 November 2019 1877 affected by the tear gas, thick and black smoke or residue materials that waft into their homes? Will the authorities cooperate with the Home Affairs Department and arrange for FEHD workers to carry out cleansing work for needy people at their homes, particularly the homes of the elderly, residential care homes for the elderly and child care centres?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): I thank Mr Vincent CHENG for the supplementary question. While we have published guidelines on the Internet, we understand that members of the public may still have doubts after reading the guidelines, and that is why we have held meetings time and again with experts. We will also take note of their views to see if there is any room for improving the guidelines. This is the first point.

Second, as Mr Vincent CHENG said just now, the Home Affairs Department can provide information about members of the public in the community whom it considers in need of assistance, so that we can find the best way to do our job, and people can do better when confronting tear gas or cleaning tear gas residue.

MS YUNG HOI-YAN (in Cantonese): President, many parents with infants at home have relayed to me their concern that their children may inhale suspended particulates or tear gas residue when they are out on the street now. They are very concerned about this. May I ask the Secretary whether the authorities have put in place other measures to step up street cleansing or increase the cleansing frequency, so as to reduce the risk of children being affected?

SECRETARY FOR FOOD AND HEALTH (in Cantonese): I thank Ms YUNG Hoi-yan. At present, street cleansing is undertaken by FEHD. If the situation permits, they will clean the streets every day. Honourable Members may understand that after large-scale activities, street cleansing work can only be done with the confirmation from the Police that the streets are in a safe condition. Members of the public should leave the area affected by tear gas as soon as possible. Skin exposed to tear gas should be washed with a large amount of soapy water, and contaminated clothing should be washed with water. Eyes can be irrigated with water or saline. In case tear gas seeps into their homes, they should close the doors and windows where possible and seal the gaps around doors and windows with wet towels.

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President, as Ms YUNG asked about lactating women, I wish to give a brief explanation. A moment ago, another Honourable Member also asked about parents of children. On the issue about the time for which lactating women should stop breastfeeding their infants after exposure to tear gas, there are no relevant international guidelines at present. In this connection, DH recommends that lactating women should avoid breastfeeding their infants for one to two hours after exposure to tear gas.

PRESIDENT (in Cantonese): I now suspend the meeting until 2:30 pm.

1:25 pm

Meeting suspended.

2:30 pm

Council then resumed.

PRESIDENT (in Cantonese): Fourth question.

Law enforcement by police officers in private properties

4. MR GARY FAN (in Cantonese): It has been reported that during a number of public meetings and processions relating to the "anti-extradition to China" movement held since 9 June this year, some police officers, without producing search warrants and without obtaining the consent of or giving an explanation to the occupiers of the premises concerned, intruded into shopping malls and private housing estates for law enforcement. During such operations, the police officers used various types of force and weapons, causing panic and injuries to quite a number of shopping mall customers and residents. In some cases, the police officers concerned were not in uniforms with police identification numbers and did not wear warrant cards, making it difficult for members of the public to verify their identity. In this connection, will the Government inform this Council:

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(1) of the details of the law enforcement actions taken since June this year by police officers in shopping malls and private housing estates during public events, including the date and time, the name of the premises concerned, whether police officers had produced search warrants or obtained the consent of the occupiers before entering the premises (if they had not, of the reasons for that), the force and weapons used by police officers as well as the number of times or quantities concerned, whether any police officer not in uniform with police identification number and not wearing a warrant card participated in the law enforcement actions, and the respective numbers of persons who were arrested and reportedly injured; and

(2) whether it will review and amend the Police General Orders and the guidelines on the use of force to require that under normal circumstances, police officers are not allowed to use lethal weapons within the precincts of shopping malls and residential areas, and to specify the penalties for non-compliance; if so, of the details; if not, the reasons for that?

SECRETARY FOR SECURITY (in Cantonese): President, the Hong Kong law applies to all places in the territory and nowhere is above the law. Therefore, it is the statutory duty of the Police to take actions against anyone who contravenes the law anywhere in Hong Kong.

Section 10 of the Police Force Ordinance ("PFO") (Cap. 232) stipulates that the duties of the police force include taking lawful measures for preserving public peace, preventing and detecting crimes and offences, and preventing injuries to life and property, etc. When public order and public safety are severely threatened by incidents such as illegal road blockage, paralysed traffic, unlawful assemblies, wounding, arson, criminal damage and violent charging of police cordon lines, the Police will definitely take appropriate actions to maintain law and order and safeguard public peace.

Section 50(3) of PFO stipulates that if any police officer has reason to believe that any person to be arrested has entered into or is in any place, the person residing in or in charge of such place shall allow the police officer free ingress thereto and afford all reasonable facilities for search therein. 1880 LEGISLATIVE COUNCIL ― 20 November 2019

Section 50(4) of PFO also stipulates that "it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity of escape from a police officer, to enter such place and search therein".

In addition, according to section 17(2) of the Public Order Ordinance (Cap. 245), any police officer of or above the rank of inspector may stop or disperse any gathering or procession whatsoever or wheresoever, if he reasonably believes that it is likely to cause or lead to a breach of the peace.

In fact, in the judgment handed down by the High Court in the recent injunction order application relating to the Chinese University of Hong Kong, the Court has affirmed the following two important principles, which I quote:

(1) It should be noted that it is part of the obligations and duties of a police officer to take all steps which appear to the officer to be necessary for keeping the peace, for preventing crime, or for protecting property from criminal injury. The police has wide statutory duties and owes a duty to the public to enforce the law which he could be compelled to perform.(1)

(2) At common law, where a police officer is off private premises, it would be within the officer's duty to enter such premises to prevent a breach of the peace.(2)

(End of quote.)

Anyone who obstructs a police officer in lawfully executing his duty may contravene section 63 of PFO on assaulting or resisting any police officer acting in the execution of his duty, or section 36(b) of the Offences against the Person Ordinance (Cap. 212) on assaulting, resisting or willfully obstructing a police officer in the due execution of his duty, and is liable on conviction to a maximum penalty of imprisonment for six months and two years respectively.

(1) §14 So Tsun Fung v CP [2019] HKCFI 2799.

(2) §15 So Tsun Fung v CP [2019] HKCFI 2799. LEGISLATIVE COUNCIL ― 20 November 2019 1881

My reply to various parts of the question is as follows:

(1) There have been ongoing protests and clashes in Hong Kong since June, with violent conflicts breaking out in various districts across the territory. Apart from illegally blocking roads and paralysing the traffic, a large number of protesters gathered in different shopping malls. Some rioters repeatedly committed serious illegal acts, wantonly vandalizing shops in shopping malls by spraying paints or graffiti, vandalizing shops, setting fires, sabotaging facilities in shops, maliciously vandalizing escalators, fire service equipment and closed circuit television, assaulting people madly with different views, etc. To stop the violent acts, the Police must take actions and deploy officers to the relevant shopping malls to apprehend rioters or disperse the crowd and control the situation, with a view to restoring public safety and public order.

Besides the violent clashes in shopping malls, rioters also gather in private housing estates, engaging in illegal acts which breach the public peace, such as throwing hard objects to attack police officers. In light of these illegal acts, it is lawful, reasonable and necessary for the Police to make arrest.

The Police have strict guidelines on the use of force. Police officers will only use appropriate force when it is necessary. Since 9 June this year, there have been over 800 protests, processions and public assemblies in Hong Kong, the violence and serious illegal acts arising from which have kept escalating. The Police have used around 6 900 tear gas rounds, 2 700 rubber bullets, 590 bean bag rounds and 790 sponge rounds in the relevant operations.

As at 14 November, the Police arrested over 4 300 people. According to the Hospital Authority's information, from 9 June to 14 November 2019, over 1 900 people were injured in public order events and sought treatment at public hospitals.

Uniformed police officers will display identifiable numbers or operational call signs while on duty. Plainclothes police officers exercising their powers will, on the basis of not affecting the 1882 LEGISLATIVE COUNCIL ― 20 November 2019

effectiveness of the operation, display their warrant cards or identifiable operational call signs. The Police do not maintain the other figures mentioned in the question.

(2) I must point out that the Police use force in response to the prevailing situation; the location and extent of the use of force depend on the violent acts of rioters and the actual circumstances at the time. If members of the public could conduct public order events in a peaceful, lawful and orderly manner, there would be no need for the Police to use any force.

When someone commits an illegal act which undermines public safety and public order, or when there is a situation which may endanger the personal safety of others, the Police must take appropriate actions, including using the appropriate force as necessary.

The Police's guidelines on the use of force are prudent and strict. With regard to the situation of "not (being) allowed to use lethal weapons within the precincts of shopping malls and residential areas" mentioned in the question, this is unfeasible and unreasonable. Measures taken by the Police must be considered in light of the actual circumstances. Police officers will only use appropriate force when it is absolutely necessary. Police officers shall give warnings prior to the use of force as far as circumstances permit, while the person(s) being warned shall be given every opportunity, whenever practicable, to obey police orders before force is used.

MR GARY FAN (in Cantonese): President, the Secretary has not answered or has tried to evade my question, because I have already put it very clearly in part (1) of the main question. If the Police are allowed to exercise their absolute power without any restraint, it will give rise to police violence, and this is precisely an issue of concern to the people of Hong Kong now. The question I raised is: Have police officers obtained the consent of the persons concerned and produced search warrants before entering shopping malls, private housing estates and premises for law enforcement? I have also specifically asked: Has LEGISLATIVE COUNCIL ― 20 November 2019 1883 any police officer not in uniform with police identification number and not wearing a warrant card participated in the law enforcement actions? The Secretary has only answered certain parts of my question, while some others have been left unanswered. He has only said that police officers would, on the basis of not affecting the effectiveness of the operation, display their warrant cards and identifiable operational call signs.

President, he has not answered my question, and why did he not do so? The number of times police officers discharged duties in private housing estates and shopping malls is a piece of information that should be put on the record of each operation. If such records are not available, it would seem like the Security Bureau has endorsed, covered up and condoned the abusive use of violence by police officers without bottom lines. Why did the Secretary not answer my question? Why is such information unavailable?

PRESIDENT (in Cantonese): Mr FAN, you have raised your supplementary question. Please sit down. Secretary, please answer.

SECRETARY FOR SECURITY (in Cantonese): President, I must correct certain statements made in the main question. I have to reiterate once again that, as I said in the main reply, if any illegal acts are suspected to have been committed within the precincts of shopping malls or even housing estates and there is a need to make arrest, the Police must enter the premises to take law enforcement actions. Hence, I must specifically clarify the legal basis and justifications for such actions, and there is no question of having to obtain the consent of the persons concerned beforehand. In this connection, I have already provided a clear explanation in the main reply just now, and have cited some legal provisions and the court judgment on a case to explain the legal principles applied.

Secondly, I have also made it clear in the main reply just now that police officers, be they uniformed or plainclothes police officers, will display identifiable numbers or warrant cards while on duty, but I wish to point out that they will certainly do so if it is operationally practicable. Under certain circumstances, for instance, when police officers have to act in a split second fashion to take action to arrest an individual, it will not be possible for them to 1884 LEGISLATIVE COUNCIL ― 20 November 2019 display warrant cards because time does not permit them to do so. Nevertheless, in any event, as the Police repeatedly said in press conferences, there are ways to identify each police officer on duty on the scene, including through their identification numbers or operational call signs, and so on.

(Mr Gary FAN stood up and spoke loudly)

PRESIDENT (in Cantonese): Mr Gary FAN, it is not your speaking time. You have raised your supplementary question. Please sit down.

Mr Jimmy NG, please ask your question.

MR JIMMY NG (in Cantonese): President, as the Secretary has said, under PFO, if any police officer has reason to believe that any person to be arrested has entered into any place, the person in charge of such place shall on demand of that police officer allow him free ingress thereto and afford all reasonable facilities for search therein. It follows that under the existing legislation, the person in charge of a place cannot refuse entry of police officers to enforce the law. Since it is lawful for police officers to enter into private properties for law enforcement purposes, I fail to understand why some people have queried the Police's actions. If serious crimes are committed in such place, should police officers not be allowed entry to enforce the law without the person in charge of the place reporting the case to the Police?

I would like to ask the Bureau: What measures do the Police have to tackle the situation of police officers being obstructed or even dressed down by the person in charge or residents of a private place when they enter the place for law enforcement purposes? Will the Police arrest or detain the persons concerned?

SECRETARY FOR SECURITY (in Cantonese): President, I have duly pointed out in the main reply and in my earlier reply to a supplementary question that from the legal perspective and in terms of responsibilities, the Police must take actions if illegal acts are found in housing estates or shopping malls. As mentioned by the Member in his supplementary question just now, any person who obstructs a police officer in the course of his operation or who disallows LEGISLATIVE COUNCIL ― 20 November 2019 1885 access of the Police to the place concerned commits the offence of obstructing a police officer in the execution of his duty, according to statutory requirements. However, the Police will give an explanation to the persons concerned as far as possible.

Meanwhile, the main question has apparently conveyed a wrong message by suggesting that police officers must not enter into housing estates or shopping malls even if illegal acts are committed in such places and there is a need for the Police to make arrest. The message is very wrong and needs to be put right. I hope that after everyone understands the relevant legal basis, no one will obstruct police operations, but rather will appreciate that it is necessary for the Police to take these actions under normal circumstances.

Simply put, if a robber snatches a necklace from a person and flees into a shopping mall, and the victim who is robbed of the necklace reports the case at once to a police officer on patrol, the officer must enter into the shopping mall immediately to arrest the robber. If he does not do so, I am sure everyone will be left dissatisfied with his failure to take actions accordingly. Before the police officer takes action and enters into the shopping mall to apprehend the robber, it is of course impossible for him to first obtain the consent of the person in charge of the shopping mall, because the law has clearly stipulated that under such circumstances, a police officer is obliged to enter into a shopping mall for law enforcement purposes. In the judgment cited earlier, the judge even held that this was the inherent duty of a police officer, and failure to do so will constitute a dereliction of duty on the part of the police officer.

MR KWONG CHUN-YU (in Cantonese): President, when it comes to the issue of police officers' law enforcement actions in private premises, the focus of discussion in these two weeks should only be their actions in The Chinese University of Hong Kong ("CUHK") as well as The Hong Kong Polytechnic University ("PolyU"). In fact, we can all see that at the spots where police officers were present and fired large numbers of tear gas rounds, extensive damage would be caused to the surrounding environment. Someone has even pointed out that, taking CUHK as an example, we should avoid going near the No. 2 Bridge because the concentration of tear gas was very high there. This is precisely why the management bodies of some private properties and shopping malls are alarmed about allowing police access, because they will suffer losses as a result.

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I would first of all like to raise a point which is not mentioned in the main reply. Earlier on, when we were dealing with the incident at PolyU, we together with the Auxiliary Bishop of Hong Kong tried to approach the campus to find out if it was within the precinct of PolyU. From our recollection, the former Commissioner of Police Andy TSANG had once said that the areas within the precincts of universities were private places, so we need to seek clarification on this. However, we were cursed and dispelled by some frontline police officers who vowed to charge us with rioting, without paying any heed to the request of the Auxiliary Bishop.

Since we experienced difficulties in clarifying the issue and communicating with the Police on the scene, I can only bring up the questions to the Secretary here: Firstly, it seems unlikely that the Police would storm into universities if they are private places, so in the past, when Police actions had affected private places, did the Police make apologies or take remedial actions accordingly? The Police should actually be held responsible for this.

Besides, I would like to ask the Secretary: Given that the world is now watching the incident at PolyU, fearing that the Police will storm the campus forcefully thereby causing great resistance, can the Secretary tell us whether there are relatively more humane and humanized ways to handle the matter, and what are they going to do?

SECRETARY FOR SECURITY (in Cantonese): President, I thank the Member for this supplementary question. First of all, all actions taken by the Police in universities were in response to the prevailing situation. When it comes to the question about damages to premises, nothing can be more devastating than committing such violent acts as hurling incendiary bombs and setting fire to various objects. In the face of such violent acts as throwing incendiary bombs and setting fire to various objects within the precincts of universities, the Police must take actions to curb them lest the situation will deteriorate. Therefore, when it comes to the damage caused to the environment, rioters should not have set fires or hurled incendiary bombs in the first place, and there would be no need for the Police to use any force at all. Regarding this point, I hope Members will explain this to all people in society, and urge them to express their opinions by peaceful means. This is the first point.

LEGISLATIVE COUNCIL ― 20 November 2019 1887

Secondly, amid a peaceful social environment in the past 22 years, we, by adhering to the principle of mutual respect, have striven to ensure smooth law enforcement while conducting police operations in a mutually respectful manner. However, as reflected in recent cases, the situation has deteriorated rapidly in that violence has escalated to an unacceptable level and arson attacks have also become more widespread, as if these are just normal things to do. This situation is very dangerous. Under such turbulent circumstances matched by an aggravating degree of violence, the Police must take appropriate countermeasures to prevent the situation on the scene from further deteriorating. The Police have tried to enter into different premises because they hope to solve the problem in a lawful and peaceful manner under the premise of curbing disorder and restoring peace in society expeditiously.

On the incident at PolyU mentioned by the Member just now, let me reiterate once again that it is the intention of the Police to handle the incident by peaceful means as far as possible. Therefore, for those under 18 years of age who still remain in the university and are willing to surrender to the Police, the Police will not make any arrests on the spot and will only record their particulars for continuous investigations and follow-up actions. As for those above 18 years of age, as they are suspected of committing riot-related offences, the Police must take actions to arrest them.

I hope all the persons in the university campus will be willing to surrender to the Police, so that the Police can handle their case in accordance with the principle mentioned above. We do understand that the university occupies a large area, and different people have different roles to play. The Police will conduct comprehensive investigations in this respect, and prepare a specific report setting out clearly what each of them has done for seeking legal advice from the Department of Justice. We hope that the whole incident can be resolved expeditiously, and will continue to call upon the people concerned to surrender to the Police.

PRESIDENT (in Cantonese): Fifth question.

1888 LEGISLATIVE COUNCIL ― 20 November 2019

Transitional housing projects

5. MR TONY TSE (in Cantonese): President, in this year's Policy Address, the Government put forward a plan to increase the number of transitional housing projects substantially to provide a total of 10 000 transitional housing units within the coming three years, and indicated that it had earmarked $5 billion for meeting the costs. In this connection, will the Government inform this Council:

(1) of the following details of each project (set out in a table): the location, the floor or site area, the parties owning the titles to the premises or site, the number of housing units that can be provided, the name of the operator, as well as the anticipated dates for completion and intake of residents;

(2) as some members of the construction sector have relayed that the construction standards to be met by transitional housing projects are quite high, resulting in high construction costs and long construction time, whether the Government has assessed if the earmarked provision of $5 billion will be sufficient for meeting the expenditure, and whether it will relax the relevant construction standards; and

(3) given that community groups have been/will be responsible for all the tasks, from the construction or conversion works to the management and operation of the various transitional housing projects, how the Government ensures that all such projects will be completed on schedule, so as to achieve the target of providing 10 000 housing units within three years; of the reasons why the Government does not directly undertake such tasks?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, having consolidated the information provided by the Development Bureau and relevant departments, set out below is my consolidated reply of the question raised by Mr Tony TSE:

LEGISLATIVE COUNCIL ― 20 November 2019 1889

The continued increase in land and housing supply remains the fundamental solution to resolve insufficient housing supply. Quality living is the cornerstone for ensuring social stability and the Government will continue to identify land for housing construction to rectify the housing problem with the greatest effort.

On transitional housing, we have earlier announced the provision of a total of over 6 000 units in three phases. The first phase, which includes the Community Housing Movement, commenced in 2017. Up to now, about 620 units have been provided in existing residential buildings, benefiting about 1 000 families. In the second phase, provision of about 960 units was announced, with intake of residents yet to commence. For details of these projects, please refer to Annex 1.

Projects which provide approximately 4 500 units in the third phase were also announced at the "Symposium on Connecting and Co-creating of Transitional Housing" early this month. These projects include those to be participated by the private developers, the Hong Kong Construction Association etc. Together with those 1 580 units with resident intake completed or projects announced in the first and second phases, the three phases will provide over 6 000 units in total.

The task force under the Transport and Housing Bureau is now examining the feasibility of building large-scale transitional housing estates on a number of short term idle government and private sites with different community groups, private developers and professional/technical organizations. Details, when available, will be announced by the relevant organizations in due course. Subject to the progress with relevant procedures and local view, and taking into account the 6 000-odd units being occupied or having been announced, it is estimated that about 10 000 transitional housing units can be provided in three years.

On construction costs, the total financial subsidy for each transitional housing unit shall not exceed: (a) $200 000 for each unit in vacant residential buildings; and (b) $550 000 for each unit to be provided through erection of temporary structure on vacant lands or in non-residential buildings. This capital amount is estimated with reference to all the projects underway and is believed to suffice in meeting the construction costs. More importantly, the construction of 1890 LEGISLATIVE COUNCIL ― 20 November 2019 modular housing can be reused; they can be relocated to other developments upon disassembly. In fact, modular housing can have a decades-long lifespan. It is an efficient, economic and environmentally friendly construction method for increasing the supply of transitional housing.

As regards construction standards, the construction of transitional housing must comply with the structural safety, fire and the associated building regulations. The safety and hygiene standards of transitional housing will not be inferior to the current standards applicable to other permanent residential buildings with the same design. Nevertheless, with the concerted efforts of the task force and the earnest collaboration among relevant departments, application procedures are simplified as far as practicable, thus facilitating and expediting approval and implementation for various projects.

A cross-sector collaboration is one of the features of transitional housing. The initiative is rolled out under the active facilitation by the Government and close collaboration between the community and the Government throughout the process from policy inception to project implementation. Apart from exercising flexibility in utilizing social resources for the provision of various types of transitional housing for the community, participating organizations can provide appropriate support for residents according to their needs. We will continue with our communication with the community and make use of the potential and resources in the community outside the Government, to offer flexible and multiple social services.

On monitoring and implementation of the funding scheme, we will vet applications and oversee the progress of projects to ensure that the projects are carried out in line with the principles of economy, efficiency and effectiveness in the use of resources thereby achieving good value for money. To ensure transparency and accountability on the use of the grants under the funding scheme, the Government will submit an annual report on the approved applications and implementation progress of projects to the Panel on Housing.

While it is a challenge to provide 10 000 transitional housing units within three years, as long as we work together with concerted efforts, we have confidence to overcome the difficulties and accomplish the mission.

LEGISLATIVE COUNCIL ― 20 November 2019 1891

Annex 1

Number Operator Project Owner of Units Light Be Light Home 70 Private Light Housing 40 Government Society for Community Happiness x Home 15 Private Organization Community Joys To Gather 39* Friend Home 4* Electric Road in North Point 5 Lok Sin Tong Lok Sin Tong Housing 20* Private 55 St. James' Settlement James' House 14* Private Hong Kong Sheng Kung Good Homes 60* Private Hui Welfare Council The Aberdeen Kai- fong Best Neighbour Walk 16* Private Welfare Association Together Social Service The Salvation Army Home Plus 53* Private Hong Kong Housing Transitional Rental Housing Private 217 Society Scheme―Yue Kwong Chuen Yan Oi Tong Green Garden Social Housing 11* Private J Life Foundation Pitt Street, Yau Ma Tei 1* Private Yee Kuk Street, Sham Shui Po 1* Kwun Tong Methodist Yee Cheong Building, Kwun 1* Private Social Service Tong Total Number of Units 622

Note:

* Units provided under the Community Housing Movement launched by The Hong Kong Council of Social Service

1892 LEGISLATIVE COUNCIL ― 20 November 2019

New-built Transitional Housing Units Number Area Operator Project Owner of Units (sq m) The Hong Kong Nam Cheong Street, 89 2 029 Private Council of Social Sham Shui Po Service Yen Chow Street, Sham 210 5 439 Government Shui Po Yip Shing Street, Kwai 100 3 100 Government Chung Yan Chai Hospital Hoi Hing Road, Tsuen 110 3 300 Government Wan Lok Sin Tong Song Wong Toi Road, 108 6 056 Government To Kwa Wan Society for Ying Wa Street, Cheung 132 4 178 Government Community Sha Wan Organization Entire Buildings converted into Transitional Housing Lok Sin Tong Lok Sin Tong Primary 50 1 617 Private School Hong Kong Housing Trackside Villas 150 7 944 Private Society Society for Government premises at 11 166 Government Community Victoria Road Organization Total Number of Units 960

Note:

Details of projects announced

MR TONY TSE (in Cantonese): President, the Government has altered its attitude towards transitional housing from one of having reservations to do it, not wanting to do it, and considering that there is no need to do it at the beginning to one of recognizing that there is such a need and going further to provide funding support for community groups to implement transitional housing projects in recent years. This is indeed a progress. However, President, while the Government's present target is to provide 10 000 transitional housing units, the Secretary said over and again in his reply just now that there would only be 6 000 units. Then, will the other 6 000 units be completed within three years as scheduled? The government actually has no grasp of it at all.

LEGISLATIVE COUNCIL ― 20 November 2019 1893

Hence, President, my supplementary question is: Given that the number of people living in sub-divided units or in unpleasant living conditions is greatly disproportionate to the 10 000 transitional housing units to be provided, in order to address this serious problem, why can the Government not take a step further and take on the responsibility of sourcing land for transitional housing development? Why does it have to rely on other organizations to do this? What is its rationale for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr TSE for the supplementary question. I can give a clear account of this matter here. At present, the land identified by the Government for transitional housing development is sufficient to provide more than 10 000 units. However, our short-term target is to use the figure of 10 000 units as a reference. Anyway, we will try to build as many units as possible.

As to the question why the Government does not include these projects into its work programme, we need to understand that in its Long Term Housing Strategy, the Government has actually taken into consideration the housing needs of the people living in inadequate housing, including those living in units that are made up of temporary structures, located in non-residential buildings, shared with other households, and sub-divided. Their housing needs are included in the budget of the Long Term Housing Strategy.

Moreover, we need to understand that transitional housing is meant to increase, as far as possible, the housing supply within a short period of time to respond to a short-term situation. In other words, it seeks to use time in exchange for space. Hence, the quantity and supply of transitional housing units will not be stable and will change with time. So, it is not appropriate to include these housing units into the calculation of the housing supply target for the next 10 years.

President, I hope Members will appreciate that transitional housing programme is a transitional arrangement. The moment transitional housing units disappear is the day Hong Kong tackles the long-term housing supply problem. So I hope that Members will not dwell on the issue of transitional housing. Our goal is to find more land for constructing more long-term housing units so as to address the long-term housing problem of Hong Kong.

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MR SHIU KA-CHUN (in Cantonese): President, the Government announced in the Policy Address in 2017 that it would explore the wholesale conversion of industrial buildings into transitional housing with waiver of land premium. Two whole years have passed but the Government has made zero progress in the scheme of revitalization of industrial buildings. Look, there has been zero progress. It gets a score of zero. Every time when being asked, the Government proffers the habitual excuse that there are technical and title issues unsolved. This perfunctory attitude of the Government will not help solve the problem in any way. May I ask the Secretary how many more years do we have to wait before the Government solves the aforementioned technical and title issues? Do we have to wait till the next Chief Executive Election in 2022 before these issues can be solved?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I believe Members here are well aware that over 250 000 people are now waiting for public rental housing ("PRH") units. In the midst of the present tight housing supply, we will make the greatest effort to increase the supply of transitional housing by unleashing the potential of land resources, regardless of whether they are idle government lands or privately-owned idle lands or existing buildings or industrial buildings just mentioned by Mr SHIU which have undergone alterations.

Regarding Mr SHIU's suggestion just now about converting industrial buildings into transitional housing, our team together with voluntary organizations and private developers are working toward this direction. We are conducting studies on some individual projects with the property owners and voluntary organizations concerned. Since the projects have not yet moved into the final decision phase, we are not in a position to discuss them in public. Upon reaching agreement on these projects, I believe the voluntary organizations concerned will announce the details in due course.

MR MA FUNG-KWOK (in Cantonese): President, I understand that transitional housing can provide short-term relief to families living in undesirable conditions and those waiting for PRH for a long time. However, if the supply of transitional housing is to be increased, it may be necessary to use the land which LEGISLATIVE COUNCIL ― 20 November 2019 1895 otherwise would have been used for constructing non-transitional housing and hence reduce the supply of non-transitional housing.

I would like to ask: How does the Bureau handle the relationship between and positioning of the two types of housing? Although the Secretary said just now that suitable sites were already identified for the 10 000 transitional housing units, can these sites be used for constructing permanent housing instead of transitional housing? Besides, may I ask the Secretary to tell us how he can ensure an increased supply of the former while not affecting the supply of the latter, or even achieving a good synergy between the two.

PRESIDENT (in Cantonese): Mr MA Fung-kwok has raised several supplementary questions. Secretary, you can choose one of them to answer.

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr MA for the supplementary questions. Honestly, when we have a piece of land that can be used for long-term housing development, our primary goal and task is to use it for long-term housing development.

The transitional housing sites under discussion now mainly comprise two categories. One is short-term idle government sites. In other words, these sites have already been committed to long-term planning uses, but in the term short they are still available for use. Under this arrangement, we turn them into sites for transitional housing. We have also considered the sites owned by private developers or properties owned by private individuals. We have tried to make conversion to and erect temporary structures on them, and this process will not affect the long-term housing supply. Moreover, as Members may know, our entire arrangement must be endorsed by the Town Planning Board ("TPB"). For transitional housing projects in the new towns or urban areas, applications for conversion of existing residential or commercial buildings into transitional housing will be regarded as for temporary use which is always permitted and relevant uses are allowed on the sites concerned.

Under this flexible and effective arrangement, idle government or private sites can be used for transitional housing construction. This is a very effective 1896 LEGISLATIVE COUNCIL ― 20 November 2019 short-term arrangement for providing a large housing supply without affecting the housing supply in the long term.

MR CHAN CHUN-YING (in Cantonese): President, it is mentioned in the main question that some members of the construction sector have relayed that the construction standards set by the Government for transitional housing are too high, which are similar to the standards for permanent housing, such as the requirements for the provision of escalators, large windows and good ventilation and lighting. Transitional housing construction also takes time, and it follows very naturally that the cost will be high and the time required will be long.

Given its transitional nature, the construction standards should be lowered and compliance with basic structural and fire safety requirements should suffice. I believe it will be acceptable to us. However, the Secretary only stressed in the main reply that the procedures could be simplified provided that the safety and hygiene standards were met. These elements should, of course, be safeguarded, but the window size is not that relevant to safety and hygiene. May I ask if the Government will further review the construction standards for transitional housing? Otherwise, the Government will only create difficulties to the community groups which are willing to help resolve the housing problem of Hong Kong.

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, actually, in its first inter-departmental meeting, the task force already discussed the building standards for transitional housing. In October 2018, the Buildings Department issued the Guidelines on Applications for Special Modification or Exemption for Transitional Housing Initiatives in Domestic Buildings, with an aim to favourably consider housing standards and related requirements using a pragmatic approach and allow flexibility, provided that the requirements in respect of structure, hygiene, fire precaution and safety are not compromised.

Moreover, in November of the same year, TPB announced its agreement that transitional housing projects not exceeding five years, coordinated by the task force, in permanent buildings (including wholesale-converted industrial buildings in the "Commercial", "Comprehensive Development Area" and "Other Specified LEGISLATIVE COUNCIL ― 20 November 2019 1897

Uses" annotated "Business" and "Residential" zones in the urban and new town areas) can be regarded as for temporary use, which is always permitted under the Outline Zoning Plan. In addition, the Chief Executive-in-Council approved in April this year the exemption of waiver fee, rent and associated costs for land applications related to the provision of transitional housing.

Accordingly, since the establishment of the task force in 19 June 2018, we have done a lot of work to remove the red tape and have striven to facilitate the related work through pragmatic and flexible means, with a view to expediting the implementation progress and increasing the number of housing units to be provided while ensuring that people can have a safe and hygienic living environment.

MR LEUNG YIU-CHUNG (in Cantonese): President, the Government has all along said that transitional housing projects will be overseen and operated by private developers and private organizations. We take the view that the Government should have a role to play, but the Government has all along said that its role is to establish the task force and provide a $2 billion funding. At the same time, the Government has also said that, in addition to the work in this respect, it will revitalize industrial buildings so as to release more space for the provision of transitional housing.

The policy on revitalization of industrial buildings mentioned by the Secretary covers the industrial buildings under the Hong Kong Housing Authority ("HA"). If the policy is implemented, do the authorities plan to ask the small business tenants of HA's industrial buildings to relocate? If yes, what arrangements will be made for them? Since it is difficult for these small business operators to rent premises in the private market for continued operation, in the event that they are asked to move out, will this trigger off some other undesirable social phenomena leading to business closure or unemployment? May I ask the Secretary how he will deal with these issues?

SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): President, I thank Mr LEUNG for the supplementary question. We have earlier explained to the Council on the arrangement regarding the conversion of several industrial buildings under HA. We are now reviewing how such conversion can be carried out in compliance with the requirements in the Fire Services 1898 LEGISLATIVE COUNCIL ― 20 November 2019

Ordinance. At the same time, we understand that there is a pressing housing need in Hong Kong and that some tenants of the industrial buildings concerned have expressed the wish to retire or leave after completion of their work. As such, having reviewed the conversion process, we decided to adopt a humane approach in handling these cases. We will make arrangements as appropriate for the tenants who intend to retire or leave after finishing their business.

As regards those tenants who wish to continue with their business, we will see if there is anything we can help. Irrespective of whether the buildings will be converted or demolished for redevelopment, we hope that, in the end, the affected tenants will receive appropriate assistance through a relatively caring approach. We deal with housing issues by adhering to the core values of HA and from the perspective of caring for tenants and owners. We hope that the arrangements concerned will have the support of existing tenants as well as industrial building tenants. Regarding the situation mentioned by Mr LEUNG just now, we will take this into consideration in the context of the study in due course.

PRESIDENT (in Cantonese): Last oral question.

Hong Kong Human Rights and Democracy Act

6. MR CHRISTOPHER CHEUNG (in Cantonese): Earlier on, the House of Representatives of the United States ("US") Congress passed the Hong Kong Human Rights and Democracy Act ("the Act"). The Act, if passed by the Senate and signed by the President, will become a law. Some members of the business sector are worried that the Act, once implemented, will inevitably affect the exchanges between Hong Kong and the US, make the US Government review the special treatment granted to Hong Kong, and destabilize Hong Kong's external trade relations and its status as an international financial centre. In this connection, will the Government inform this Council:

(1) of the latest assessment of the adverse impacts of the implementation of the Act on aspects such as Hong Kong's external trade relations, investment and listing of foreign-funded enterprises in Hong Kong, and importation of high technology products and know-how;

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(2) whether it will step up efforts to lobby the political and business sectors of the US and explain to them the real situation of Hong Kong, so as to avoid the US authorities mistakenly making decisions that are unfavourable to Hong Kong; and

(3) of the contingency plans in place to reduce the impact on Hong Kong's economy to be brought about by the Act upon implementation?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): President, thank you for the question raised by Mr Christopher CHEUNG. Under "one country, two systems", the Basic Law confers on Hong Kong a unique status. Article 116 of the Basic Law stipulates that the Hong Kong Special Administrative Region ("HKSAR") is a separate customs territory and Article 151 provides that Hong Kong may, using the name "Hong Kong, China", participate in international organizations such as the World Trade Organization ("WTO") and the Asia-Pacific Economic Cooperation as a separate member.

Therefore, Hong Kong's unique status is not granted unilaterally by any other country, but is conferred by the Basic Law. Hong Kong's unique status is well recognized and respected by the international community. Our economic and trade status is on par with other WTO members, and we are making use of this capacity in the international economic and trade arena to establish mutually beneficial relations with our trading partners around the world.

In respect to Hong Kong's return to the Motherland, the United States ("US") enacted in 1992 the US-Hong Kong Policy Act ("the Policy Act") which set out its policy and principled positions towards Hong Kong. The relevant law is a policy act of the US itself but not an international or bilateral agreement. Over the years, the US has been conducting economic and trade exchanges with Hong Kong in accordance with the Policy Act, has been respecting Hong Kong as a separate customs territory, and has on this basis established mutually beneficial bilateral economic and trade relations with Hong Kong. The US is Hong Kong's second largest merchandise trading partner in the world, while Hong Kong is the US's tenth largest export market. According to the US's statistics, for the past 10 1900 LEGISLATIVE COUNCIL ― 20 November 2019 years, the US has been enjoying the largest trade surplus with Hong Kong among its many global trading partners, valued at US$33.8 billion in 2018 alone. In 2017, the US was the seventh major source of inward direct investment into Hong Kong and the ninth major destination of outward direct investment from Hong Kong. Moreover, there are 1 344 US companies in Hong Kong, of which 278 are regional headquarters. Separately, around 85 000 US citizens live in Hong Kong. The close and reciprocal bilateral relation between the two places is obvious.

Therefore, passage of the Hong Kong Human Rights and Democracy Act ("the Hong Kong Act") by the US Congress unilaterally is unnecessary and will certainly damage the mutually beneficial relationship, including the US's interests. The uncertainty so caused will inevitably affect the confidence of international investors and companies in Hong Kong. As for the actual impact on Hong Kong, it will depend on the specific measures and changes adopted by the US Administration after the Hong Kong Act is signed into law by the US President. The HKSAR Government will closely monitor development on the matter.

As a matter of fact, safeguarding human rights and freedoms is a constitutional duty of the HKSAR Government. Article 4 of the Basic Law stipulates that the HKSAR shall safeguard the rights and freedoms of the residents of the HKSAR and of other persons in the Region in accordance with law. Human rights and freedoms in Hong Kong are fully protected by the Hong Kong Bill of Rights Ordinance and other legislation, in addition to the Basic Law. Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong remain in force. The position of the HKSAR Government is very clear: we oppose foreign legislatures interfering in any form in the internal affairs of the HKSAR.

As for explanatory work, the HKSAR Government has been explaining to countries around the world the successful implementation of "one country, two systems" since our return to the Motherland, and promoting Hong Kong's unique status under the Basic Law and "one country, two systems" as well as our own various advantages. Such work is done through exchanges of information, reciprocal official visits, participation in international conferences, and the regular liaison of the overseas Economic and Trade Offices ("ETOs"). The Financial LEGISLATIVE COUNCIL ― 20 November 2019 1901

Secretary visited the US in October 2019, while I visited the US three times in September 2018, June and September 2019 respectively, during which we met with US government officials, Congressmen, think tanks as well as the business community there, and explained clearly Hong Kong's unique status and advantages. In respect of the Hong Kong Act, we have been explaining the situation in Hong Kong to relevant persons and organizations and actively clarifying misunderstandings, stressing that the changing of US policies towards Hong Kong is unwarranted and will bring negative impact on the exchanges of people and businesses between the two places. The Chief Executive, myself and officers of ETOs have written many times to various interlocutors in the US to explain clearly and in detail the HKSAR Government's position.

ETOs in Washington DC, New York and San Francisco have all along maintained regular contact with various sectors in the US, and they through meetings and other means have explained the actual and latest situation in Hong Kong. Among these, in the case of the ETO in Washington DC, the ETO has met over 200 political and business leaders in this year so far, including federal government officials responsible for Hong Kong affairs in the White House, Department of State, Department of Commerce and the US Trade Representative, as well as members and staffers of Congress.

Looking ahead, the HKSAR Government will continue to strengthen external connections on the above aspects.

MR CHRISTOPHER CHEUNG (in Cantonese): President, the US Senate has passed the Hong Kong Act this morning and I would like to follow up on the Government's lobbying efforts in respect of the Hong Kong Act. Some unruly trouble-makers went over to the US to "bad-mouth" Hong Kong, demanding that the latter impose sanctions on their own country and the HKSAR Government, causing the US Congress to meddle with Hong Kong affairs. Even overseas media could not bear to see those people commit such deeds and questioned if the truth has been distorted. On the one hand, they loudly accused the Central Government of destroying Hong Kong's century-old foundation, but on the other, they recklessly vandalized local railways, traffic lights, road facilities …

1902 LEGISLATIVE COUNCIL ― 20 November 2019

PRESIDENT (in Cantonese): Mr Christopher CHEUNG, please state your supplementary question directly.

MR CHRISTOPHER CHEUNG (in Cantonese): … making it impossible for members of the public to go to work or school by public transport; they spoke of valuing freedom of speech, but in reality they carried out vigilante attacks on people holding different views and even destroyed or burnt down the offices of legislators taking a different stance; they spoke of human rights protection, but in reality they wantonly vandalized (or even burnt down) shops run by those who did not support them …

PRESIDENT (in Cantonese): Mr Christopher CHEUNG, please state your supplementary question directly.

MR CHRISTOPHER CHEUNG (in Cantonese): … making them unable to operate. President, I now state my supplementary question. I wish to ask the Secretary: Will the Government review and enhance its previous lobbying strategy for the purposes of publicizing these facts abroad, showing the truth to the US Congress, the US Government as well as the US citizens so that the international community will be fully aware that the measures currently taken by the HKSAR Government are aimed at righting the wrong, stopping violence and curbing disorder, and restoring social order? As an international metropolis that respects the rule of law, human rights and freedom of speech, Hong Kong should not allow the US to make unfavourable decisions against Hong Kong after listening to one side of the story only.

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): President, I thank Mr Christopher CHEUNG for the supplementary question. My answer to his question raised just now is in the affirmative and it is something that we have been doing all along. The US Congress started to introduce similar acts in as early as 2014. All along, we have been doing explanatory work based on facts and taking into account the common interests of both sides while giving a clear account of the situation in Hong Kong. Even if the Hong Kong Act is passed by the Senate of the US today, we still have to see LEGISLATIVE COUNCIL ― 20 November 2019 1903 whether the Act, which is a legislative act requiring passage by both Houses of Congress, can become a bicameral act. Only when this happens will the Act be enacted into a law, that is to say, it will ultimately hinge on the stance taken by the US Government. We have never stopped working in this regard.

We have always explained clearly the situation in Hong Kong, in particular the recent violent conflicts in Hong Kong, to all our overseas partners based on facts. Most importantly, Hong Kong's inherent strengths as well as economic and trade values are not based on the views of individual foreign trading partners, but on the rights conferred by the Basic Law. Therefore, our position is very clear, and I have made clear in my main reply that the passage of the Hong Kong Act by the US Congress unilaterally is unnecessary and will certainly damage the mutually beneficial relationship. Hence, we do not agree to this and oppose any measures that will affect the relationship and interests between Hong Kong and the US. In addition, we will duly continue with our lobbying efforts and other related work.

MR CHEUNG KWOK-KWAN (in Cantonese): President, I noticed that the US Congressmen pushing for the passage of the Hong Kong Act had actually visited Hong Kong earlier on, but the situation in Hong Kong which they saw and described is totally different from what every local citizen experiences every day here. It seems as if those acts of violence, vigilantism, vandalism and hurling petrol bombs seen by local citizens here were out of the sight of those US Congressmen during their visit to Hong Kong, and they passed the Hong Kong Act upon their return to the US. President, may I ask the Secretary if, as far as he understands, members of the US Congress are aware of the everyday situation in Hong Kong? Do they know that innocent people holding different political views were subject to vigilante attacks and a person was even splashed with kerosene and set on fire alive? Do they actually know that things like these had happened, or do they just pretend they know nothing about these? Will the Secretary tell members of the US Congress what actually happens here so that they can have a true understanding of the current situation in Hong Kong?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): President, Hong Kong is an open city. In particular, journalists from media outlets across the globe are based in Hong Kong. Therefore, first of 1904 LEGISLATIVE COUNCIL ― 20 November 2019 all, what happened in Hong Kong cannot be viewed from just one perspective. However, as I pointed out at a committee meeting while communicating our work with colleagues from different overseas ETOs yesterday, some overseas parliaments or organizations often decide whether to accept or take on board certain views based on their political affiliation or orientation. Therefore, staff of our overseas ETOs will definitely provide comprehensive explanations on the situation in Hong Kong based on facts when they come into contact with local people or organizations. This is also the long-standing basis upon which Hong Kong has established its relations with all trading partners.

For example, the powers conferred upon us by the Basic Law provide the basis for maintaining the relations between Hong Kong and all its partners who operate business in Hong Kong or have established bilateral trading relations with Hong Kong. Another example is that the specific situation in Hong Kong, including our human rights situation and political systems, which a lot of people are concerned about, can be explained with concrete examples. However, there is one situation that is difficult to reverse: when different political groups or members of parliaments of certain countries have taken their own stances, it is difficult to make them accept other views. Also, for example, some people may choose to obtain opinions by other means and this is certainly something that is beyond our handling abilities.

In the past few years when the Congressmen, representatives of different organizations or government staffers of the US were invited to visit Hong Kong, we had tried our best to let them have a comprehensive understanding of our city, including making arrangements for Members of the Legislative Council from different sectors to brief them on the situation of Hong Kong because we hoped that by providing them with explanations based on facts, they would be able to have a true understanding of the actual situation in Hong Kong over time.

MR CHUNG KWOK-PAN (in Cantonese): President, the Secretary said just now that the Hong Kong Act is unnecessary and the HKSAR Government will oppose it, but unfortunately the Act has been passed by the House of Representatives of the US Congress. Is there anything we can do next?

The Secretary said just now that Hong Kong's economic and trade status was conferred by the Basic Law rather than a gift from others. Yet, bilateral LEGISLATIVE COUNCIL ― 20 November 2019 1905 trade entails reciprocity and our counterpart may not necessarily concur with our views or practices, so both sides need to interact with each other. Now the problem is: Do we feel too good about ourselves and think that it is the Basic Law that has conferred the rights upon us and it has nothing to do with others? However, the law enacted by our counterpart does have impacts on us. Secretary, I wish to ask: What follow-up actions will the Government take? Given that the House of Representatives of the US Congress has passed the Act, what can the HKSAR Government do to minimize its negative consequences or impacts?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mr CHUNG Kwok-pan for the supplementary question. First and foremost, I want to clarify a point. While everyone thinks that the US Congress is inclined to pass the Hong Kong Act which may soon become a law, as of today, there will still be two more steps to go even if the Hong Kong Act is passed by the Senate of the US Congress this morning. First, it depends on whether or not both versions of the Senate and of the House of Representatives are compatible with each other; if not, the Act cannot become a law. This is the first step. The second step is: upon passage by the US Congress, the Act is still pending signing by the US Government (in other words, the US President). The most important thing is how the US executive authority in charge of the Hong Kong Act will administer or implement the Act to conform to the Congress's requirements.

Hence, here is my reply to Mr CHUNG's question: In the event that the Act stands part of the US law and the US Government decides to act in accordance with the relevant legislation, there will still be a lot of things we can do in response.

I have mentioned just now that even if we are not able to reverse completely the current trend due to certain constraints, we still have to consider, from a broad perspective, how the US Government and the US society view the US-Hong Kong relation, including the point which I have highlighted just now, and that is that the US-Hong Kong relation is bilateral. According to the figures cited in the main reply, the US has huge economic and trade interests in Hong Kong. Of course, we also have significant interests in the US.

1906 LEGISLATIVE COUNCIL ― 20 November 2019

On the other hand, the US also has to rely on this bilateral relation to build up a mutually beneficial basis which involves some specific measures such as technology control and transfer as well as the requirements to which both sides have to adhere as separate customs territories. We will keep up our work. As regards lobbying efforts, we will continue to communicate with different government departments of the US and federal agencies in respect of some of the doubts the US has cast on Hong Kong as well as her opinions towards us.

MRS REGINA IP (in Cantonese): President, after having exchanges with the US Congressmen and met with numerous visiting US officials, Congressmen and their assistants, I realized that the issues they discussed had nothing to do with matters concerning economic and trade relations at all since they knew Hong Kong had made a great deal of money and the US had also made a huge profit here in Hong Kong. What they had discussed with us was also about the Fugitive Offenders Ordinance, whether there was abuse of police powers, human rights, freedom, the "DQ" issue and constitutional development, but none of these falls within the ambit of Secretary YAU's duties, nor are they subject matters familiar to the staff of the Commerce and Economic Development Bureau or its ETO in Washington DC. Does the Secretary think it appropriate for his Policy Bureau to take charge of the coordination of work related to these matters?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mrs Regina IP for the supplementary question. Mrs IP knows best that the overseas ETOs serve the entire Government, although they under the purview of my Bureau. Therefore, as a daily routine, they will also receive job requests from different Policy Bureaux or are required to carry out certain work that needs to be done.

Moreover, when meeting with different officials during our overseas visits, including meetings between governments, in view of the rights conferred upon me by the Basic Law, I will not confine my work to the field of economic and trade affairs only, although I am an official in charge of economic and trade affairs.

LEGISLATIVE COUNCIL ― 20 November 2019 1907

As I have cited above, during my three visits to the US in the past two years, I noted on many occasions that our counterparts were not unaware of those matters on economic and trade relations mentioned by Mrs IP just now, but they just did not talk about or seldom touched on them. I must reiterate in particular that they actually had the understanding of those matters. Yet, there was something I must do during my visit to the US in June this year, such as talking with the US side over the various discussions triggered by the Fugitive Offenders Ordinance, which I, as an official of the HKSAR Government, had to do this work. Perhaps all officials of the HKSAR Government should also play a part in tackling the impact of the Hong Kong Act on Hong Kong at the present stage.

As far as these overseas legislative acts are concerned, the department in charge is actually the Constitutional and Mainland Affairs Bureau, but we can all see that every time when it comes to issues associated with this particular Hong Kong Act put forth by the US, both the Constitutional and Mainland Affairs Bureau and my Bureau will deal with it together. I hope this will ease Mrs IP's mind.

MR STEVEN HO (in Cantonese): President, it is perfectly fine for the US to be in high spirits following the passage of the Hong Kong Act. However, the Act will have impacts on Hong Kong and, just as Mr CHUNG Kwok-pan has said, the reality is that the local business community is gravely concerned about it.

In fact, the major trend in international relations is very clear. As we all know, the Sino-US trade war is now going on and Hong Kong is, to some extent, among the "chess pieces". Therefore, I wish to ask the HKSAR Government: Since we all agree that the current issues are international affairs, does Hong Kong need to deal with the present predicament through diplomatic means? However, this is something beyond our handling abilities under the Basic Law of the HKSAR. Hence, will the HKSAR Government relay to the Central Government the situation in Hong Kong and discuss how (say, through diplomatic means) the Central Government can help Hong Kong resolve the present unmanageable predicament it is now facing?

1908 LEGISLATIVE COUNCIL ― 20 November 2019

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): I thank Mr Steven HO for the supplementary question. First of all, if diplomatic issues are involved or if it is a chess game between China and the US as Mr HO has mentioned just now which may have impacts on Hong Kong, the State will certainly state her position clearly. For instance, after the passage of the Hong Kong Act by the US Senate this morning, the HKSAR Government has issued a statement in the first instance, and the Ministry of Foreign Affairs has also issued its response at the same time. It is because when the interests of the State and Hong Kong are being affected, the parties involved, be it the Central Government or the HKSAR Government, are duty-bound to take corresponding actions in response.

Yet, both sides take the same stance, that is, even if there is any dispute between China and the US, Hong Kong's economic and trade interests should not be involved in it. I remember that the US President once indicated on Twitter in August that the progress of trade negotiations between China and the US will hinge on the situation in Hong Kong. As a government official of the HKSAR, I must point out clearly that his such statement will give the wrong impression to people that the US Government is meddling in Hong Kong's affairs because, as a matter of fact, Hong Kong should not be, in any case, dragged into the trade war between the two nations.

Similarly, if issues such as sovereignty, national interests and the like are involved, the State must speak up and so must Hong Kong. This is precisely why I have pointed out just now that the HKSAR Government had already made clear its position that the Act is unnecessary and will certainly damage the interests of both sides. I have also said at the interview with media reporters just now that the passage of this piece of act at this timing would in fact have an adverse impact on the current violent conflicts in Hong Kong as it would only send out a grossly wrong message that makes people think they can rely on certain external forces to influence the situation concerned. Thus, I do not think this can help mitigate the present predicament.

PRESIDENT (in Cantonese): Oral questions end here.

LEGISLATIVE COUNCIL ― 20 November 2019 1909

WRITTEN ANSWERS TO QUESTIONS

Promoting the use of electric vehicles

7. MS TANYA CHAN (in Chinese): President, after the Government's reduction of the concessions on the first registration tax for electric private cars ("e-PCs") on 1 April 2017, there was a significant drop in the number of first registered e-PCs. On 28 February 2018, the Government introduced a "One-for-One Replacement" Scheme ("Replacement Scheme") whereby a vehicle owner who scraps his old private car ("PC") that meets the eligibility criteria and buys a new e-PC may enjoy a higher tax concession. On 28 January this year, the Government relaxed the eligibility criteria for the Replacement Scheme. On promoting the use of electric vehicles ("EVs"), will the Government inform this Council:

(1) of (i) the number of registered PCs, and (ii) the number of newly registered e-PCs, at the end of each month from January to October this year;

(2) of the (i) monthly and (ii) cumulative numbers of applications received and approved respectively, since the launch of the Replacement Scheme on 28 February 2018;

(3) of the number of PCs, as at 28 January this year when the eligibility criteria for the Replacement Scheme were relaxed, which met the new eligibility criteria; among such PCs, the number and percentage of those which have now been scrapped under the Scheme; the number of PCs meeting the eligibility criteria as at the 1st of this month;

(4) whether it knows the respective total numbers of (i) standard, (ii) medium and (iii) quick public EV chargers ("chargers") throughout the territory as at the 1st of this month, with a breakdown by District Council district;

(5) as the Financial Secretary has indicated in this financial year's Budget that it will allocate $120 million to extend the public EV charging networks in government car parks, of the respective numbers of (i) standard, (ii) medium and (iii) quick chargers it has planned to install, with a breakdown by name of car park;

1910 LEGISLATIVE COUNCIL ― 20 November 2019

(6) whether it will make provision for setting up a dedicated fund for the installation of EV charging-enabling infrastructure in the public car parks under the Hong Kong Housing Authority, including the installation of more chargers and the replacement of the existing standard chargers by medium or quick chargers; if so, of the details; if not, the reasons for that;

(7) whether it will ask the MTR Corporation Limited to provide a certain number of chargers in each of its park-and-ride ("PnR") car parks, so as to facilitate EV drivers' participation in the PnR Schemes; if so, of the details; if not, the reasons for that; and

(8) as the Government has planned to allocate $2 billion for launching a pilot scheme to subsidize the installation of EV charging-enabling infrastructure in car parks of eligible existing private residential buildings, and estimated that about 60 000 car parking spaces will be benefited, but as there were only about 12 000 EVs in the territory as at August this year, whether the Government has put in place measures to encourage vehicle owners of the car parks concerned to switch to e-PCs as soon as possible, so as to avoid wastage of resources?

SECRETARY FOR THE ENVIRONMENT (in Chinese): President, on 28 February 2018, the Government introduced the "One-for-One Replacement" Scheme ("Replacement Scheme") to incentivise owners of private cars ("PCs") to opt for electric vehicles ("EVs") when they need to replace their old PCs. Under the Replacement Scheme, PC owners who scrap and de-register their eligible old PCs and then first register new electric PCs ("e-PC") will enjoy a higher first registration tax ("FRT") concession up to $250 000.

To strike a better balance between promoting wider use of EVs and not increasing the overall number of PCs, the Government, after examining the views of the public on the Replacement Scheme, announced on 28 January 2019 that two of the three eligibility criteria for "Old PC" would be relaxed with immediate effect:

(1) Ownership period: revised from "the PC owner must have been the registered owner of the 'Old PC' for three years or more, without LEGISLATIVE COUNCIL ― 20 November 2019 1911

interruption, immediately prior to its de-registration" to "18 months or more"; and

(2) Licensed period: revised from "the 'Old PC', with or without interruption, must have been licensed for at least 20 months (i.e. 608 days or more) within the 24 months immediately before its de-registration" to "the 'Old PC', with or without interruption, must have been licensed for at least 10 months (i.e. 304 days or more) within the 12 months immediately before its de-registration".

Regarding the criteria of vehicle age, the requirement of "the 'Old PC' must have been first registered in Hong Kong for at least six years" remains unchanged.

Having consulted relevant bureaux and departments, my response to Ms CHAN's question is as follows:

(1) Relevant monthly figures on registered PCs and e-PCs from January to October 2019 are tabulated below:

Total Number of Number of First As at the Registered PCs Registered PCs End of (Total Number of (Number of First Registered e-PCs) Registered e-PCs) January 618 888 (11 130) 3 478 (51) February 619 654 (11 166) 2 529 (37) March 620 752 (11 237) 3 314 (80) April 621 648 (11 276) 2 967 (44) May 622 840 (11 430) 3 568 (158) June 623 908 (11 519) 3 392 (94) July 624 869 (11 622) 3 403 (106) August 625 658 (11 773) 3 257 (155) September 626 037 (12 341) 3 116 (571) October 626 405 (12 650) 2 893 (314)

Note:

Government vehicles not included.

1912 LEGISLATIVE COUNCIL ― 20 November 2019

(2) Upon the launch of the Replacement Scheme, the Transport Department ("TD") received 1 844 applications in total as at 31 October 2019. Among these applications, 1 785 have been approved, 42 are being processed and 17 have been rejected for not meeting eligibility criteria. Details are tabulated below:

Figures on Applications under the Replacement Scheme Number of Applications Number of Applications Month Received Approved 2018 February 0 0 March 11 11 April 28 27 May 13 14 June 28 24 July 12 13 August 41 33 September 44 47 October 48 49Note November 49 50 December 55 55 2019 January 47 44 February 22 22 March 54 56 April 66 42 May 129 147 June 85 78 July 99 109 August 146 126 September 545 524 October 322 314 Total 1 844 1 785

Note:

Including one case of withdrawal after approval of application.

LEGISLATIVE COUNCIL ― 20 November 2019 1913

(3) Since the corresponding computer system of TD does not possess the statistical function to calculate the cumulative licensed period of PCs, the Government can provide neither the number of old PCs fulfilling all three requirements of the Replacement Scheme nor the number of old PCs scrapped under the Replacement Scheme.

Besides, from 28 January 2019 to 31 October 2019, a total of 1 385 e-PCs were first registered under the Replacement Scheme, accounting for around 80% of the cumulative approved applications since the launch of the Replacement Scheme.

(4) The respective figures on public EV chargers (including those provided at the Government and non-governmental car parks) as at the end of September 2019 are tabulated below by districts:

Number of Chargers District Standard Medium Quick Sub-total Central and Western 62 110 36 208 Eastern 28 65 50 143 Southern 4 12 29 45 Wan Chai 66 121 37 224 Kowloon City 64 7 15 86 Kwun Tong 240 81 54 375 Sham Shui Po 17 104 71 192 Wong Tai Sin 24 46 11 81 Yau Tsim Mong 111 124 76 311 Kwai Tsing 25 13 33 71 Tsuen Wan 17 49 12 78 Sai Kung 24 37 25 86 North 58 25 12 95 Tai Po 28 3 7 38 Sha Tin 75 51 47 173 Yuen Long 50 33 18 101 Tuen Mun 12 10 17 39 Islands 18 115 27 160 Total 923 1 006 577 2 506

1914 LEGISLATIVE COUNCIL ― 20 November 2019

(5) The Government has allocated $120 million to expand the public EV charging network at government carparks in the coming three years. We plan to install over 1 000 medium chargers at carparks fully or partially open to the public under TD, Government Property Agency, Leisure and Cultural Services Department, and Tourism Commission. Details are at the Annex.

(6) As recommended by the Hong Kong Planning Standards and Guidelines ("HKPSG"), the Hong Kong Housing Authority ("HA") will continue to provide EV chargers at 30% of PC-parking spaces in indoor carparks of newly built public housing developments. As for the remaining 70% of PC-parking spaces, HA will also install EV charging-enabling infrastructure (including distribution boxes, cables, conduits and trunkings) and reserve spaces for the installation of EV chargers as needed in future. Regarding outdoor carparks, although there is no recommendation made in the HKPSG on the provision of charging facilities, HA will reserve sufficient power supply and underground ducts at outdoor parking spaces for the installation of charging facilities in future.

HA is proactively studying the impact of providing medium chargers in newly built public housing developments on the overall design of their power supply systems, and will strive to install EV charging facilities in accordance with relevant Government guidelines for EV charging and the HKPSG.

For its existing carparks, HA will provide, on demand and where technically feasible, EV charging facilities for monthly parking spaces without such facilities. Moreover, HA has conducted a feasibility study on the addition of medium chargers at hourly parking spaces of existing HA carparks, and will retrofit medium chargers at some of these spaces if existing electricity loading permits. To ensure optimum use of resources, HA will carry out the retrofitting works in phases and consider gradually increasing the number of medium chargers in suitable existing HA carparks according to the utilization of the chargers.

LEGISLATIVE COUNCIL ― 20 November 2019 1915

(7) We wrote to various corporations including the Mass Transit Railway Corporation Limited ("MTRCL") in November 2017, inviting them to install medium and quick EV chargers in their carparks, as well as upgrade their existing standard chargers to medium ones. MTRCL replied in December the same year, stating that they would support the Government's policy of promoting the wider use of EVs. MTRCL has started carrying out related works and devising planning. The Environmental Protection Department will continue to work with various corporations, including MTRCL, to collaboratively advance the work concerned.

(8) To encourage PC owners to switch to EVs, the Government has implemented various measures over the past few years, including offering FRT concessions, introducing the Replacement Scheme, granting concessions on gross floor area for EV charging-enabling car parks in new buildings, expanding the public EV charging network, and establishing dedicated team and hotline to provide relevant information and technical support in setting up chargers.

Whether EV charging facilities can be installed at private residential parking spaces is one of the key considerations for PC owners switching to EVs. To further promote the steady development and popularization of EVs in Hong Kong, the Government has earmarked $2 billion to launch a pilot scheme to subsidize existing private residential building carparks meeting prescribed criteria to install EV charging-enabling infrastructure. As a preliminary estimate, the subsidy scheme can provide about 60 000 existing private residential parking spaces to equip with the charging-enabling infrastructure within about three years.

With the gradual technological advancement of e-PCs, more affordable e-PCs models with a long driving range are now available in the market. We therefore expect that the number of e-PCs will continue to grow. The above mentioned pilot scheme is a forward-looking measure to cater for the popularization of e-PCs. Upon the launch of the scheme, we will review its progress and effectiveness in a timely manner in order to keep up with the development of promoting the use of EVs.

1916 LEGISLATIVE COUNCIL ― 20 November 2019

Annex

The Government's planned locations for installation of EV chargers

Number of EV Department Location chargers to be installed Transport Aberdeen car park About 650 in Department Kennedy Town car park total Kwai Fong car park Shau Kei Wan car park Sheung Fung Street car park Tin Hau car park Tsuen Wan car park Rumsey Street car park Government North Point Government Offices About 200 in Property Queensway Government Offices total Agency Sha Tin Government Offices North District Government Offices Tuen Mun Government Offices Sai Kung Government Offices Cheung Sha Wan Government Offices Trade and Industry Tower Leisure and Sun Yat Sen Memorial Park About 310 in Cultural Sun Yat Sen Memorial Park Sports Centre total Services Siu Sai Wan Sports Ground Department Island East Sports Centre Deep Water Bay Beach Ap Lei Chau Waterfront Promenade Wong Nai Chung Gap Children's Playground Hong Kong Heritage Museum Kowloon Bay Park Ping Shek Playground Shun Lee Tsuen Park Lei Yue Mun Municipal Services Building Lai Chi Kok Park Sham Shui Po Sports Ground Cornwall Street Park LEGISLATIVE COUNCIL ― 20 November 2019 1917

Number of EV Department Location chargers to be installed Lung Cheung Road Lookout Hammer Hill Road Sports Ground Po Kong Village Road Park Kowloon Park Tung Chung Municipal Services Building Tsing Yi Southwest Leisure Building Tsing Yi Northeast Park Tsing Yi Sports Ground and Swimming Pool Kwai Chung Sports Ground Hing Fong Road Playground Sheung Shui Swimming Pool North District Sports Ground Wo Hing Sports Centre Po Wing Road Sports Centre Fanling Swimming Pool Tseung Kwan O Swimming Pool Tseung Kwan O Sports Ground Tiu Keng Leng Sports Centre Siu Lek Yuen Road Playground Sha Tin Sports Ground and Yuen Wo Playground Sha Tin Jockey Club Swimming Pool and Yuen Wo Road Sports Centre Sha Tin Town Hall Ma On Shan Swimming Pool Ma On Shan Sports Ground Yuen Chau Kok Complex Tai Po Sports Ground Tai Po Complex Kwong Fuk Park Shing Mun Valley Swimming Pool Shing Mun Valley Sports Ground Tuen Mun North West Swimming Pool Tuen Mun Swimming Pool Yau Oi Sports Centre Yuen Long Swimming Pool 1918 LEGISLATIVE COUNCIL ― 20 November 2019

Number of EV Department Location chargers to be installed Tin Shui Wai Swimming Pool and Tin Shui Wai Sports Centre Tin Shui Wai Sports Ground Tin Yip Road Park Fung Kam Street Sports Centre Tourism Kai Tak Cruise Terminal About 40 in Commission total

Note:

The number of EV charging facilities listed in the table is a preliminary estimate and the actual number will be affected by factors such as available electricity at venues, availability of venues and other restrictions.

Pungent odour in Tuen Mun

8. MR ANDREW WAN (in Chinese): President, it has been reported that on the afternoon of 28 October this year, a number of members of the public smelled a pungent odour akin to the smell of tear gas in the vicinity of Leung King Estate of Tuen Mun, and the odour subsequently spread to the vicinity of Tuen Mun Town Centre and the pier. A number of persons were unwell and made assistance calls for emergency ambulance service. Later on that day, the Police posted on a social media a message stating that the Police and fire personnel, after conducting inspections, could not ascertain the cause and origin of the odour. The Police also clarified that they had not used tear gas nor, as circulated on the Internet, conducted testing of any unknown gas, in Tuen Mun that day. Suspecting that the odour was associated with Police operations, some residents gathered outside Tai Hing Operational Base that night, and the rally eventually developed into confrontations between the Police and members of the public. The Police fired multiple rounds of tear gas to disperse the crowd, with some of the rounds landing on the podium or corridor of some private housing courts. In this connection, will the Government inform this Council:

(1) whether it will continue to investigate the origin and cause of the aforesaid odour and if the odour was associated with tear gas; if it will, of the details; if not, the reasons for that;

LEGISLATIVE COUNCIL ― 20 November 2019 1919

(2) whether it knows if the Chinese People's Liberation Army Hong Kong Garrison ("Hong Kong Garrison") used in its military sites on that day any equipment that would emanate pungent odour; if it knows of any such cases, of the details; if not, whether it will make enquiries with the Hong Kong Garrison; and

(3) whether the police officers concerned had taken into account the potential health hazards caused to innocent members of the public before firing tear gas rounds at residential buildings; if so, of the details; whether the Police will undertake not to adopt such a practice again; if they will not, of the reasons for that?

SECRETARY FOR SECURITY (in Chinese): President, on the suspected irritant odour incident reported in different areas of Tuen Mun on 28 October this year, relevant government departments have been proactively following up and made responses. On 1 November, the Government also issued a consolidated response on the follow-up and investigation work in respect of the incident. The follow-up work of various government departments on the above incident is summarized as follows:

(1) The Fire Services Department ("FSD") received 18 emergency calls regarding a pungent odour in Tuen Mun district between 3:33 pm and 4:25 pm on 28 October. FSD immediately despatched its personnel to investigate along Pui To Road, Ming Kum Road, Tin King Road, Shek Pai Tau Road, Ching Chung Koon Road, Tsun Wen Road and its vicinity, as well as entering the Tai Hing Operational Base for investigation. No unusual smell was detected during the operation. On the following two days (29 and 30 October), FSD continued to conduct investigations into the relevant areas and again could not detect any unusual smell. FSD did not receive any further emergency calls from the public reporting unusual odours in these areas.

(2) Since 3:34 pm on 28 October, the Police received multiple reports that there was an irritant odour in the vicinity of Tuen Mun. Police and FSD officers attended the scene, yet initial investigations could not confirm the odour's cause and origin. The incident was classified as an odd smell found case. The Police clarified that they 1920 LEGISLATIVE COUNCIL ― 20 November 2019

did not use tear gas or conduct testing of any unknown gas in Tuen Mun during daytime on that day, as circulated on the Internet.

(3) The Environmental Protection Department ("EPD") received 10 complaints of an odd smell between 3:50 pm and 4:59 pm on 28 October. Upon arrival on site at around 5:35 pm and having touched base with FSD officers, EPD officers conducted investigations in the vicinity of Tai Hing Operational Base, Blossom Garden, Venice Garden, Tuen Mun North West Swimming Pool, Leung King Estate and Tin King Estate. No obvious smell or suspicious odour could be traced.

EPD officers conducted further investigations again on 29 and 30 October and 1 November, with the area expanded to cover Kwong Shan Tsuen, the residential areas and schools nearest the Tsing Shan Firing Range, Kin Sang Estate, Shek Pai Tau Road, Shan King Estate, Tai Hing Estate, Chelsea Heights, Choy Yee Bridge, Ho Tin Stop, Tuen Mun Stop, Tuen Mun Heung Sze Wui Road and Siu Hei Stop. Drainage manhole covers as well as exhaust outlets of food premises and industrial buildings along the way in the area were also inspected in order to trace any possible residue smell or its source, but none was detected.

EPD analysed the meteorology and air quality monitoring data obtained on 28 October. The South China region was affected by a southward moving northeast monsoon on that day. The wind direction in Hong Kong changed from easterly to north-westerly since noon and brought in an air mass with a higher background pollution level, resulting in higher than normal pollutant concentrations (including ozone, nitrogen dioxide, PM10 and PM2.5) since around noon. Elevated pollution levels in Hong Kong caused by a northeast monsoon occur often in autumn and winter. Its impact could affect various regions in Hong Kong, not only Tuen Mun. Exposure to ozone can cause irritating effects on humans. However, the level of ozone recorded on 28 October was not exceptionally high for autumn and winter. The highest concentration recorded on that day was less than half of the highest value recorded this September. It is not conclusive that ozone was the main cause of the irritant odour.

LEGISLATIVE COUNCIL ― 20 November 2019 1921

The operation outside the Tai Hing Police Operational Base in Tuen Mun in the evening of 28 October was law enforcement action taken by the Police in accordance with their statutory duty. In view of such serious illegal acts as road blocking, unlawful assemblies and violent confrontations at the place during the time, the Police took action after conducting a risk assessment. The operation concerned was not related to the suspected irritant odour reported during daytime.

My reply to the various parts of the question is as follows:

(1) Various government departments have thoroughly investigated the above incident. There has been no new finding. They will continue to monitor the situation.

(2) The Chinese People's Liberation Army Hong Kong Garrison performs its defence functions and responsibilities in Hong Kong in strict accordance with the Basic Law and the Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region. We do not comment on defence functions which are not the affairs of the Hong Kong Special Administrative Region Government.

(3) The Police stress that they would not need to use any force if members of the public could express their views in a peaceful and rational manner. The Police have the statutory duty to safeguard the public safety and public order of Hong Kong. It will be beneficial to all aspects if members of the public can cooperate with the Police in their law enforcement actions.

The Police use tear gas to disperse crowds or stop illegal acts. Tear gas is basically suspended particulates. Most of the suspended particulates will be carried away in the air after tear gas is dispersed. Even if a trace amount of the particulates remain, the effect will be very limited. People affected by tear gas would be able to recover in a short period of time by leaving the area affected by tear gas, thoroughly washing with plenty of water and soap, and changing contaminated clothes.

The Police will take into account the safety and interests of people affected as far as possible when using tear gas. Before undertaking operations, the Police will, as far as they can, maintain close contact 1922 LEGISLATIVE COUNCIL ― 20 November 2019

with the management offices of buildings, commercial tenants and elderly homes nearby through different channels to remind them of the actions that may be taken in relation to demonstrations, so that they can make corresponding arrangements. During the operations, the Police will also make use of the social media and press releases to appeal to residents in the vicinity to pay attention to the situation, and close windows and stay in a safe indoor place if necessary.

Demand and supply situation of speech therapists

9. MR IP KIN-YUEN (in Chinese): President, regarding the demand and supply situation of speech therapists, will the Government inform this Council:

(1) whether it knows the current number of speech therapists and, among them, the respective numbers of those (i) who are qualified for registration and (ii) who have been registered under the Accredited Registers Scheme for Healthcare Professions;

(2) of the respective numbers and percentages of speech therapists employed by the Government and subvented organizations, in each of the financial years from 2016-2017 to 2018-2019;

(3) of the respective staffing establishments of speech therapists in (i) the Government, (ii) the Hospital Authority, (iii) subvented organizations and (iv) the academia, in each of the financial years from 2016-2017 to 2018-2019, with a breakdown by the unit in which they serviced (e.g. various types of schools, social welfare organizations and allied health departments); the average number of cases handled by each speech therapist each year;

(4) of the number of degree programmes related to speech therapy offered by tertiary institutions in each of the academic years from 2017-2018 to 2019-2020, and set out by year (i) the number of places, (ii) the funding mode and (iii) the duration of each programme;

(5) as the Government indicated in the Policy Addresses delivered in the past two years and the Budget delivered last year respectively that it would introduce measures to enhance speech therapy services, of the LEGISLATIVE COUNCIL ― 20 November 2019 1923

respective manpower requirements of various policy bureaux/government departments for speech therapists in each of the coming three years;

(6) given that starting from this school year, the Education Bureau ("EDB") will implement the Enhanced School-based Speech Therapy Service ("SBSTS") and create school-based speech therapist posts in public sector ordinary primary and secondary schools by phases in three years to allow schools to form clusters to employ school-based speech therapists to support students with speech and language impairment,

(i) of the number of speech therapists to be employed, the number of schools implementing SBSTS, the number of students benefitting from SBSTS and the recurrent expenditure to be incurred, in this and each of the coming two school years;

(ii) of the respective to-date numbers of school clusters which have and have not recruited speech therapists, and the respective numbers of posts involved;

(iii) whether it will enquire with the school clusters which have recruited speech therapists about whether the appointees have reported for duty; of the measures in place to assist the school clusters which have not recruited speech therapists;

(iv) of the measures in place to assist the school clusters concerned in retaining speech therapists, so as to avoid the relevant services being affected by their resignation; and

(v) as quite a number of schools have indicated that they have encountered difficulties in recruiting speech therapists, whether EDB will adjust the implementation timetable of SBSTS; and

(7) as some members of the education sector and the social welfare sector have indicated that they have encountered difficulties in recruiting speech therapists, whether the Government will enhance the coordination among departments and communication with the 1924 LEGISLATIVE COUNCIL ― 20 November 2019

stakeholders, so as to ensure that the training and career progression pathways for speech therapists will be commensurate with the professional development and service needs of the trade; if so, of the details; if not, the reasons for that?

SECRETARY FOR EDUCATION (in Chinese): President, speech therapists ("STs") provide professional services for people in need in various aspects to improve their abilities in language, communication, swallowing, etc. so as to strengthen their social and learning skills, and enhance their quality of life and daily life functioning.

Health care, social welfare and education sectors, based on the needs of various individuals, develop respective speech therapy services. Local tertiary institutions organize different speech therapy programmes to train relevant professionals to respond appropriately to the demand for STs in different sectors.

Regarding Mr IP Kin-yuen's question, our reply is as follows:

(1) and (2)

The Department of Health ("DH") conducts Health Manpower Surveys ("HMS") on a regular basis to obtain up-to-date information on the characteristics and employment status of health care professionals practising in Hong Kong. According to the 2014 HMS on the 16 types of health care professionals included in the health services functional constituency, with employment institutions as the unit of enumeration, it is estimated that about 640 STs were practising in Hong Kong, with 40.4% employed by the subvented sector, 35.4% by the private sector, 12.8% by the Hospital Authority ("HA"), 8.0% by the academic sector and 3.4% by the Government. In this survey, ST denotes a person with a Bachelor's Degree or above in Speech and Hearing Sciences from a Hong Kong university, or equivalent.

At present, STs are not among the health care professionals that are subject to statutory registration. In April 2018, full accreditation status has been granted to the Hong Kong Institute of Speech Therapists under the Pilot Accredited Registers Scheme for LEGISLATIVE COUNCIL ― 20 November 2019 1925

Healthcare Professions as the accredited health care professional body responsible for administering a register for the speech therapy profession. STs may voluntarily register under the Pilot Accredited Registers Scheme for Healthcare Professions. As at May 2019, there were 216 voluntarily registered STs on the register.

For government departments, from the 2016-2017 to 2018-2019 financial years, 15 STs were employed by DH in the posts of Speech Therapy Officers. From the 2016-2017 to 2018-2019 school years, 9, 9 and 12 STs were employed by the Education Bureau respectively as Specialists (Speech Therapy). HA, as a statutory body, employed 110, 115 and 119 STs from the 2016-2017 to 2018-2019 financial years respectively. As for aided special schools, about 145, 156 and 160 STs were employed from the 2016-2017 to 2018-2019 school years respectively.

Besides, in the 2016-2017 to 2018-2019 financial years, the Social Welfare Department ("SWD") subvented a total of 170 non-governmental organizations ("NGOs") to run welfare services, of which 165 received Lump Sum Grant subventions. Under the Lump Sum Grant Subvention System, SWD's subvented NGOs have the flexibility to deploy the subvention obtained (excluding the part for Provident Fund) and arrange suitable staffing, as long as the essential service requirements, service output and outcome standards, as well as service quality standards as set out in the respective Funding and Service Agreements are achieved. SWD has no information on the number of ST employed by these NGOs. As for the remaining five NGOs subvented by SWD under conventional modes, one of them has employed a ST.

(3) The number of STs working in the health care sector from 2016-2017 to 2018-2019 are tabulated below:

2016-2017 2017-2018 2018-2019 Financial Financial Financial Year Year Year Speech therapists under 2 2 2 Family Health Service of DH(1) 1926 LEGISLATIVE COUNCIL ― 20 November 2019

2016-2017 2017-2018 2018-2019 Financial Financial Financial Year Year Year Speech therapists under Child 13 13 13 Assessment Service of DH(1) Department Manager (Speech 7 7 7 Therapy)/Senior Speech Therapists(2) of HA Speech Therapists(2) of HA 103 108 112

Notes:

(1) This figure was the approved establishment in the respective year.

(2) The HA manpower figures are calculated on full-time equivalent basis including permanent, contract and temporary staff in HA.

The speech therapists under Family Health Service provide articulation assessment to preschool children with articulation problems in Maternal and Child Health Centres and provide interim support to their parents. The average number of assessment/interim support provided is about 3 400 per year. The speech therapists under Child Assessment Service assess the child's communication skills and provide interim support to their parents. The average number of assessment/interim support provided is about 6 700 per year. The above mentioned service units will make referral to appropriate service providers and the specialty clinics of HA for training, education support as well as medical treatment.

STs of HA provide assessment, testing, treatment and counselling to patients with communication or swallowing disorders, with a view to helping them prevent, reduce and overcome barriers to communication and swallowing, and enhancing their quality of life.

Having regard to patients' clinical needs, HA flexibly deploys its staff to provide speech therapy service to patients with rehabilitation needs. Therefore, HA is not able to provide the number of cases handled per ST. The attendances for speech therapy in HA in the past three financial years are set out in the table below:

LEGISLATIVE COUNCIL ― 20 November 2019 1927

2016-2017 2017-2018 2018-2019 Speech Financial Year Financial Year Financial Year Therapy (as at 31 March (as at 31 March (as at 31 March Attendances 2017) 2018) 2019) Number of 219 458 235 077 243 180 Inpatient and Day Inpatient Attendances Number of 58 304 56 929 57 697 Allied Health Outpatient Attendances

In each of the 2016-2017 to 2018-2019 financial years, the notional staffing establishments for STs of SWD's subvented NGOs providing elderly and rehabilitation services are as follows:

2016-2017 2017-2018 2018-2019 Financial Financial Financial Year Year Year Subvented Elderly 0 0 About 200(2) Service Unit(1) Subvented About 100(3) About 100(3) About 180(4) Rehabilitation Service Unit

Notes:

(1) Including Integrated Home Care Services (Frail Cases), Day Care Centres/Units for the Elderly, Enhanced Home and Community Care Services, Subvented Residential Care Homes for the Elderly, and the Pilot Scheme on Multi-disciplinary Outreaching Support Teams for the Elderly.

(2) Since 2018-2019 financial year, SWD has been making additional provision to provide speech therapy services for the service users of elderly service units with swallowing difficulties or speech impairment.

(3) Including Early Education and Training Centres, Special Child Care Centres (including Residential Special Child Care Centres), District-based Speech Therapy Teams and Multi-Service Centres for the Hearing Impaired Persons.

1928 LEGISLATIVE COUNCIL ― 20 November 2019

(4) Including Residential Care Homes for Persons with Disabilities, Support Centres for Persons with Autism, Pilot Scheme on Professional Outreaching Teams for Private Residential Care Homes for Persons with Disabilities, On-site Pre-school Rehabilitation Services, Early Education and Training Centres, Special Child Care Centres (including Residential Special Child Care Centres), District-based Speech Therapy Teams and Multi-service Centres for the Hearing Impaired Persons.

Apart from direct hiring of STs, subvented NGOs may also make use of the allocated resources to purchase services for service users with speech impairment and swallowing difficulties. SWD does not have information on the average number of cases or the headcount of service users handled by each ST post.

The Education Bureau does not have record on the staffing establishment of STs for the tertiary institutions. From the 2016-2017 to 2018-2019 school years, the staffing establishment of STs for the public sector schools and the Education Bureau are listed in the table below:

2016-2017 2017-2018 2018-2019 School School School Year Year Year Aided special schools 145 155.5 159.5 Public sector ordinary schools(1) - - - Education Bureau(2) 9 9 12

Notes:

(1) Enhanced School-Based Speech Therapy Service is implemented in the public sector ordinary schools starting from the 2019-2020 school year. Before that, schools did not have school-based speech therapist ("SBST") permanent posts.

(2) The Education Bureau has specialist (speech therapy) posts which require the qualification of ST.

All along, the Education Bureau provides additional resources for public sector ordinary schools to procure School-based Speech Therapy Service ("SBSTS"). SBSTs implementing SBSTS will provide assessment and treatment for students with speech and LEGISLATIVE COUNCIL ― 20 November 2019 1929

language impairment ("SLI") to reduce the impacts on their communication, learning and social aspects. They will also arrange and organize activities and programmes for enhancing language learning, incorporate language learning strategies into instructional elements and integrate the strategies into classroom learning, so as to enhance the language abilities of all students in school. Therefore, SBSTS benefits not only the students with SLI but also other students in school. From the 2016-2017 to 2018-2019 school years, the number of students with SLI (including students with other types of special educational needs comorbid with SLI) in the public sector ordinary schools are 23 580, 24 410 and 25 510 respectively.

(4) Programmes organized by the tertiary institutions in speech therapy in Hong Kong include: (i) Bachelor of Science in Speech and Hearing Sciences by the Human Communication, Development, and Information Sciences Unit under the Faculty of Education of the University of Hong Kong, (ii) Master of Science in Educational Speech-Language Pathology and Learning Disabilities by the Department of Special Education and Counselling under the Faculty of Education and Human Development of The Education University of Hong Kong, (iii) Master of Speech Therapy by the Department of Chinese and Bilingual Studies under the Faculty of Humanities of The Hong Kong Polytechnic University, and (iv) Master of Science in Speech-Language Pathology by the Department of Otorhinolaryngology, Head and Neck Surgery under the Faculty of Medicine of The Chinese University of Hong Kong. The number of places, funding mode and duration of each programme are in Table 1 and Table 2:

Table 1: Number of Places of Programmes in Speech Therapy The The The Hong University Education Chinese School Kong of Hong University University Total Year Polytechnic Kong of Hong of Hong University Kong Kong 2017-2018 55 42 40 - 137 1930 LEGISLATIVE COUNCIL ― 20 November 2019

The The The Hong University Education Chinese School Kong of Hong University University Total Year Polytechnic Kong of Hong of Hong University Kong Kong 2018-2019 40 49 40 33 162 2019-2020 48 39 36 NA(1) 123

Note:

(1) The Chinese University of Hong Kong starts running the programme in the 2018-2019 school year. It did not have student intake in the 2019-2020 school year.

Table 2: Background Information of Programmes in Speech Therapy Tertiary Institutions Funding Mode Duration University of Hong Kong University Grants 5 years Committee-funded The Education University of Self-financed 2 years Hong Kong The Hong Kong Polytechnic Self-financed 2.5 years University The Chinese University of Self-financed 2 years Hong Kong

(5) In education, starting from the 2017-2018 school year, the Education Bureau provides one ST each to the school for children with visual impairment and every school for social development to better cater for students with SLI in the schools. This initiative involved nine schools and nine SBST posts in total. Together with the STs working in other types of special schools, the aided special schools require about 160 STs each school year.

Besides, it was announced in the 2018 Policy Address that SBST posts would be created in all public sector ordinary schools. Starting from the 2019-2020 school year, the Education Bureau will implement the Enhanced SBSTS in three school years. The Education Bureau will form clusters of schools according to the number of approved classes of schools, the number of students with LEGISLATIVE COUNCIL ― 20 November 2019 1931

SLI and their severity of SLI, previous experience of schools in employing SBSTs and the preference of schools. Most school clusters will be formed by two schools. One school in each cluster will be the base school. The permanent posts of SBST will be created in the base schools. Upon full implementation of the Enhanced SBSTS, it is estimated that about 420 SBST posts will be created in the public sector ordinary schools.

When all public sector ordinary schools employ about 420 SBSTs, together with about 160 ST posts in the aided special schools, schools in total need about 580 STs. By then, the public sector ordinary schools in principle do not require to procure ST services. Although the public sector ordinary schools will create 420 new SBST posts, part of the work was performed by STs of the service providers and these STs could be employed as SBSTs. Taking the 2019-2020 school year as an example, about one third of the newly employed SBSTs were previously employed as STs by the service providers. Therefore, the net increase in demand from the creation of SBST posts in the public sector ordinary schools will be lower than the number of posts created. The Education Bureau adopts a pragmatic approach to implement the Enhanced SBSTS by phases so as to meet the needs of schools and the supply of STs.

As regards elderly and rehabilitation services, in each of the 2019-2020 to 2021-2022 financial years, the notional staffing establishments for STs of SWD's subvented NGOs providing elderly and rehabilitation services are estimated as follows:

2019-2020 2020-2021 2021-2022 Financial Year Financial Year Financial Year SWD About 520 About 530 About 530

(6) (i) and (v)

In the 2019-2020 school year, the Education Bureau has created 118 SBST posts in 223 public sector ordinary secondary and primary schools. The Education Bureau will create about 300 SBST posts for the remaining 300 secondary 1932 LEGISLATIVE COUNCIL ― 20 November 2019

schools and 321 primary schools in the coming two school years. The Education Bureau will keep in view the recruitment of SBSTs by schools and the operational experience in implementing SBSTS. When necessary, the Education Bureau will adjust the pace of the implementation of the service according to the preference of schools and actual progress so as to assist all public sector ordinary schools to fully implement the Enhanced SBSTS in an orderly manner. After full implementation of the Enhanced SBSTS, the estimated recurrent annual expenditure is about $320 million.

(ii) and (iii)

In the 2019-2020 school year (as at October 2019), among the 223 public sector ordinary secondary and primary schools, 165 schools constituting 88 school clusters have employed 89 SBSTs. The remaining 58 public sector ordinary schools (29 secondary and 29 primary schools) constituting 29 school clusters have not yet recruited suitable SBSTs. There are still 29 SBST vacancies.

To assist those schools that have not yet employed their SBSTs, the Education Bureau provides them with transitional SBSTS arrangement. Primary schools will be disbursed with the Enhanced Speech Therapy Grant of the whole school year, and secondary schools will continue to be provided with the Learning Support Grant according to the number of students with SLI and the severity level, so as to allow schools to procure the service to support the students with SLI in school. The Education Bureau has been maintaining close liaison with the schools to understand the progress of recruitment of those schools which are still intending to recruit SBSTs, and to assist the schools in providing appropriate support for the students.

(iv) To assist schools to implement the Enhanced SBSTS, Specialists (Speech Therapy) of the Bureau will visit the LEGISLATIVE COUNCIL ― 20 November 2019 1933

schools regularly to offer professional advice and assist SBSTs to implement the service from professional perspectives. Apart from providing regular on-site support on case consultation and professional advice, the Education Bureau organizes different training for SBSTs, including: arranging induction programmes, organizing thematic talks, seminars and workshops, and conducting professional learning community meetings to promote professional development, hence to support students with SLI and implement SBSTS more effectively.

Besides, the Education Bureau will organize workshops for the school clusters which are going to implement the Enhanced SBSTS to let them understand the details of implementation and to let schools having already employed SBST share their good experience.

The Education Bureau will continue to review the implementation of the Enhanced SBSTS and the work performance of SBSTs with a view to ensuring that the service could help the students with SLI effectively and SBSTs could work in their schools smoothly to support the students in need.

(7) When implementing relevant policies, the Policy Bureaux will take into consideration the manpower requirement collaboratively to ensure smooth implementation. At this stage, the training and related development of STs are progressing well. The Government will continue to maintain close liaison with stakeholders and there is no plan to change the current mode of operation.

In respect of the Pilot Accredited Registers Scheme for Healthcare Professions, the accredited health care professional organization will require its registrants to meet its educational standards which define a set of minimum clinical knowledge and skills for all registrants. The accredited professional organization will also require its registrants to keep abreast of professional knowledge.

1934 LEGISLATIVE COUNCIL ― 20 November 2019

Osteoporosis

10. DR CHIANG LAI-WAN (in Chinese): President, it has been reported that as indicated by the findings of a medical research, one in three women and one in five men who are over 50 years old will suffer from a osteoporotic fracture at some point in their lives. In addition, there are about 10 000 new cases of hip fracture each year in Hong Kong and, among such cases, one-fifth of the patients pass away within one year, about half of them sustain permanent impairment of mobility, and about half of them need to be admitted to residential care homes. In this connection, will the Government inform this Council:

(1) of the number of osteoporotic fracture patients who were treated in public hospitals in each of the past three years, and the expenditure so incurred, with a tabulated breakdown by the body region of the fracture;

(2) as some medical practitioners have pointed out that quite a number of members of the public have little knowledge about osteoporosis, of the Government's measures to step up the relevant publicity work, so as to raise public awareness about prevention of osteoporosis; and

(3) whether it will consider implementing, under a public-private partnership approach, a community-wide bone mineral density screening for early identification and treatment of osteoporosis patients; if so, of the details; if not, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, osteoporosis is a chronic metabolic disease of bone which leads to a reduction in bone density. It causes bones to become more fragile and prone to breaking. In consultation with the Department of Health ("DH") and the Hospital Authority ("HA"), our reply to the various parts of the question raised by Dr CHIANG Lai-wan is as follows:

(1) HA does not maintain statistics on patients with osteoporosis and those with fractures, as well as the related expenditure on treatment.

(2) Prevention of osteoporosis should begin by building strong and healthy bones at an early age. To avoid or reduce bone density loss and to minimize fracture risk, all people regardless of age should LEGISLATIVE COUNCIL ― 20 November 2019 1935

adopt a healthy lifestyle. This can be achieved by doing regular physical and weight-bearing exercises, maintaining optimal body weight, eating a balanced diet for adequate calcium and vitamin D intake, having appropriate sunlight exposure for vitamin D synthesis, and refraining from smoking and excessive drinking. Elderly persons should take extra fall prevention precautions to further reduce the risks of fracture and other complications.

DH's Elderly Health Service provides health education on the prevention of osteoporosis and falls that may lead to fractures. Its Woman Health Service also provides health education on bone health. Health education messages are disseminated through such channels as health talks, individual counselling, leaflets and websites. DH also reviews regularly health education resources to meet the needs of the community.

(3) Since there is no sufficient scientific evidence to support a territory-wide osteoporosis screening programme (including one for the elderly), DH does not provide bone mineral density screening service. However, eligible elderly persons aged 65 or above are issued with elderly health care vouchers of $2,000 each year for seeking private primary health care services that suit their needs, which may include the management of osteoporosis and other chronic diseases. People who are at risk of developing osteoporosis due to, for example, underweight, previous history of bone fracture, premature menopause, smoking habit or heavy drinking, or a family history of osteoporosis or fracture, should take active control of the risk factors and seek medical advice on appropriate medical options, such as bone mineral density assessment or treatment.

In respect of public-private collaboration, HA will, while taking account of relevant expert advice, continue to communicate with the public and patient groups, and work closely with stakeholders to look into the feasibility of introducing new initiatives. In exploring the launch of new Public-Private Partnership ("PPP") programmes, HA will carefully consider a number of factors, including the service demand, case suitability, potential complexity, capacity and readiness in the private market, as well as the long-term financial sustainability of the PPP Fund.

1936 LEGISLATIVE COUNCIL ― 20 November 2019

Dead body found cases and inquests into death

11. MR WU CHI-WAI (in Chinese): President, the Coroners Ordinance (Cap. 504) specifies 20 categories of deaths which are reportable to the coroner. Having considered the relevant information such as the investigation reports prepared by the Police on such cases and the post mortem reports, the coroner may decide whether there is sufficient information such that the cause and the circumstances of the death are clear and with no suspicion and whether the case can be concluded, or the coroner may decide to order the Police to carry out further investigation or seek independent opinions from experts. Having considered all the requisite information and all the circumstances of the case, the coroner may decide whether to conclude the case or hold an inquest into the death. If a person dies while in official custody, the coroner must hold an inquest into that case of death. In addition, properly interested persons (including family members of the deceased) and the Secretary for Justice may apply to the Court of First Instance for an inquest into the death to be held by a coroner. It has been reported that the number of suspected suicide cases surged in recent months, and in respect of a number of dead body found cases, the Police announced after investigation at the scene that the cases were initially classified as suicides or as cases with no suspicious circumstances surrounding the death. However, some members of the public have queried that the process for the Police's investigation into these cases and drawing their conclusions is sloppy. In this connection, will the Government inform this Council of the following details regarding the dead body found cases handled by the Police in the past 24 months:

(1) the total number of such cases, with a tabulated breakdown by month and the age group to which the deceased belonged (i.e. 0 to 9 years old, 10 to 19 years old, 20 to 29 years old, 30 to 39 years old, 40 to 49 years old, 50 to 59 years old, 60 to 69 years old, 70 years old or above, and age unknown);

(2) the number of cases with the following circumstances: the Police, based on the findings of their investigation at the scene, had announced that the case was initially classified as suicide or a case with no suspicious circumstances surrounding the death, but before submission of the first investigation report to the coroner, the Police reclassified the case as murder or a case with suspicious circumstances surrounding the death;

LEGISLATIVE COUNCIL ― 20 November 2019 1937

(3) the respective numbers of cases classified, in the first investigation reports submitted by the Police to the coroner, as (i) a case with no suspicious circumstances surrounding the death, (ii) suicide, (iii) murder, and (iv) other categories;

(4) the number of cases in which the coroner decided, after considering information such as the first investigation report by the Police, that the case be concluded;

(5) (i) the number of cases in which the coroner, after considering information such as the first investigation report by the Police, ordered the Police to carry out further investigation; the respective numbers of cases in which the coroner, after considering the further investigation report by the Police and other relevant information, decided to (ii) conclude the case, and (iii) hold an inquest into the death; the respective numbers of cases in which the Court of First Instance, upon the application of (iv) a properly interested person and (v) the Secretary for Justice, ordered an inquest to be held;

(6) a breakdown of the figures in (5) by the classification of the cause of death as set out in the first investigation report by the Police;

(7) the number of cases in which a verdict of suicide has been returned, together with a tabulated breakdown by (i) the age group (as set out in (1)) to which the deceased belonged and (ii) type of suicide (i.e. hanging, jumping from height, drowning, sharp instruments, and others);

(8) the number of cases in which the dead body has remained unclaimed so far, with a tabulated breakdown by the age group (as set out in (1)) to which the deceased belonged;

(9) the (i) highest, (ii) lowest and (iii) average numbers of days from the Police receiving the report of a dead body found to the cremation/burial of the dead body; and

(10) the number of cases in which the name of the deceased appeared on the Police's list of missing persons, with a tabulated breakdown by the age group (as set out in (1)) to which the deceased belonged?

1938 LEGISLATIVE COUNCIL ― 20 November 2019

SECRETARY FOR SECURITY (in Chinese): President, in accordance with section 10 of the Police Force Ordinance (Cap. 232), the duties of the police force include assisting coroners to discharge their duties and exercise their powers under the Coroners Ordinance ("CO") (Cap. 504).

In accordance with section 9(1) of CO, a coroner may investigate a reportable death or any other death of a person which the coroner considers should be investigated in the public interest. Section 9(2) specifies that the purpose of such an investigation shall be to investigate the cause of and the circumstances connected with the death of a person.

As prescribed under CO, there are 20 types of reportable deaths including deaths caused by suicide and deaths in official custody. In accordance with section 4(1) of CO, where a death comes to the knowledge of a police officer and any other person under a duty to report deaths, they shall report it to the coroners as soon as possible.

In accordance with section 14(1) of CO, where a person dies suddenly, by accident or violence or under suspicious circumstances, a coroner shall hold an inquest into the death. According to section 27 of CO, the purpose of the inquest shall be to inquire into the cause of and the circumstances connected with the death. For that purpose, the proceedings and evidence at the inquest shall be directed to ascertaining the following matters in so far as they may be ascertained, which include the identity of the dead person; how, when and where the person came by his death; and the conclusion of the coroner/jury concerned as to the death.

My reply to Mr WU Chi-wai's questions is as follows:

(1) to (3) and (6)

In handling every death case, the Police report to the coroner's court in strict compliance with the law and guidelines. The Police will investigate every reportable death and submit to the coroners an initial investigation report together with a post-mortem report prepared by a clinical pathologist or forensic pathologist. Where the coroners consider that further investigation of the death is required, the Police will investigate further and submit a more detailed death investigation report. Upon perusal of the relevant reports, and upon considering all the circumstances of the case, the coroner will consider whether to hold an inquest into the death.

LEGISLATIVE COUNCIL ― 20 November 2019 1939

The Police maintain their professionalism in investigating each of the death cases and follow it up in a meticulous manner. In fact, as indicated in the Coroners' Report 2018, the coroners recognized the performance of the police investigators and that their standard of conducting investigation into every incident of death was very high, as was their reports.

The numbers of dead body found cases handled by the Police in 2018 and from January to October 2019 are tabulated below. The Police do not maintain statistics by age group and other breakdown statistics:

2019 2018 (January to October) Numbers of death on or before arrival to 7 828 6 584 hospitals and dead body found cases (22) (27) Numbers of suicide, person found hanging 667 608 and person found fallen from height cases (4) (7) Numbers of homicide deaths 48 18

Note:

( ) Cases of suspicious death which required follow-up investigations by criminal investigation teams.

(4), (5) and (7)

Based on the information provided by the Judiciary, Coroners take forward death investigations and inquests according to CO. Operationally, every reportable death, supported by relevant reports such as the investigation report by the Police and the post-mortem report by the clinical or forensic pathologist, is considered by the Coroner. Having taken into consideration all relevant information, including the expert opinions of the pathologist and medical practitioner concerned, the medical history of the deceased, the course of events leading to the death and the findings of police investigation, if the Coroner is of the view that there is sufficient information to enable him to exercise his power and perform his duties under section 9 of CO and that the cause of and the circumstances of the death are clear and that there is no suspicion, he 1940 LEGISLATIVE COUNCIL ― 20 November 2019

may decide that the case be concluded without ordering any further investigation report. In 2017 and 2018, the number of cases with no further death investigation reports ordered were 9 640 and 9 893 respectively.

If the Coroner considers that further investigation of the death is required, he shall order the Police to carry out further investigation and to seek for independent opinion from expert, where appropriate. When all required information is ready and upon considering all the circumstances of the case, the Coroner shall decide whether the case can be concluded or an inquest into the death is to be held. Besides, under CO, a Coroner must hold an inquest if a person dies whilst in official custody. The number of cases requiring further investigations, the number of inquests set down and the total number of cases concluded(1) in the past two years are set out as follows:

Cases requiring Total number of Year Inquests set down further investigations cases concluded 2017 1 128 131 768 2018 1 083 167 914

The Coroner's Court is still in the process of collecting the relevant figures for 2019.

The Judiciary does not have available information on the number of cases in which the Court of First Instance, upon the application of a properly interested person or the Secretary for Justice, ordered an inquest to be held in the period concerned.

In 2017 and 2018, out of the deaths reported to the Coroners, the numbers of suicides confirmed by the Coroners were 916 and 955 respectively. Statistics of suicides handled by the Coroner's Court in 2017 and 2018, as released in the Coroner's Reports, are respectively given at Annex 1 and Annex 2. The Coroner's Court is still in the process of collecting the relevant figures for 2019.

(1) The number of cases concluded refers to the cases completed in the year concerned regardless of the procedures gone through. These include cases which may or may not require further death investigation reports and/or death inquests. LEGISLATIVE COUNCIL ― 20 November 2019 1941

(8) In respect of unclaimed dead bodies whose identities are known, public hospitals will, in accordance with the established guidelines of the Hospital Authority, contact the relatives of the deceased to claim the body based on the hospital admission information of the deceased. If the hospitals could not contact or have no information about the relatives of the deceased, police assistance will be sought.

According to the Police's internal guidelines and handling procedures, on receipt of a request from a hospital for assistance in locating the relatives of any deceased person whose body was not claimed, the Police will send officers to visit the last known address of the deceased and/or his/her relatives. Where the relatives of the deceased are located, the Police will invite them to contact the hospital concerned. The police officers will inform the hospital concerned of the outcome of their visit. Unless the relatives of the deceased specifically raise objection, the Police will also provide the contact details of the relatives of the deceased to the hospital concerned. If the dead body eventually remains unclaimed, the hospital concerned will hand it over to the Food and Environmental Hygiene Department ("FEHD"), which will then arrange for the burial or cremation of the dead body in accordance with established procedures.

The Police do not maintain statistics on cases in which the dead body has remained unclaimed because the relatives cannot be located. Relevant statistics on unclaimed dead bodies received from local hospitals or public mortuaries as provided by FEHD are tabulated below but no statistics by age group are maintained:

Unclaimed dead Unclaimed dead Cases in which bodies received bodies received the dead bodies Month/Year from local from public were claimed by hospitals mortuaries the relatives 1/2018 28 17 3 2/2018 26 34 2 3/2018 14 28 4 4/2018 17 13 1 5/2018 13 14 2 6/2018 19 6 3 7/2018 18 21 2 1942 LEGISLATIVE COUNCIL ― 20 November 2019

Unclaimed dead Unclaimed dead Cases in which bodies received bodies received the dead bodies Month/Year from local from public were claimed by hospitals mortuaries the relatives 8/2018 25 8 1 9/2018 18 7 0 10/2018 15 30 8 11/2018 13 8 3 12/2018 12 18 1 1/2019 11 10 3 2/2019 10 14 2 3/2019 13 8 0 4/2019 12 15 2 5/2019 9 13 0 6/2019 14 16 2 7/2019 6 9 2 8/2019 7 10 0 9/2019 14 7 2

(9) Generally speaking, the relatives of the deceased may apply to FEHD for cremation service if they have been issued with a Certificate of Order Authorizing Cremation of Body by the coroner. In accordance with the performance pledge of FEHD, persons who apply for cremation service may book a cremation session at government crematoria within the next 15 days from the day of application. The actual time of cremation will depends on the preference of the relatives and the cremation sessions available for booking. The Police and FEHD do not maintain relevant statistics.

(10) The numbers of missing person cases reported in 2018 and from January to October 2019 are tabulated below while the Police do not have the other statistics required in the question:

2019 Missing Persons 2018 (January to October) Numbers of cases reported 3 046 2 243 Numbers of reported cases involving 907 652 people aged 60 or above

LEGISLATIVE COUNCIL ― 20 November 2019 1943

Annex 1

1944 LEGISLATIVE COUNCIL ― 20 November 2019

Annex 2

LEGISLATIVE COUNCIL ― 20 November 2019 1945

Impacts of social disturbances on the economy and people's livelihood

12. MR HOLDEN CHOW (in Chinese): President, since June this year, the controversies arising from the proposals to amend the law concerning surrender of fugitive offenders have eventually turned into social disturbances. Radical demonstrators have wantonly vandalized buildings and public facilities, with quite a number of shops being "renovated" (the code word for "vandalized"), and persons with different views being "doxxed" and "settled privately" (the code words for "subject to vigilante attacks"). Such acts have seriously affected the business environment, operation of society and the daily living of members of the public. In this connection, will the Government inform this Council:

(1) of the respective numbers of reports, received by the Police from shop operators since June this year, of alleged (i) intimidation, (ii) blackmail and (iii) property being destroyed/damaged (including arson) on account of reasons relating to social disturbances, as well as the latest progress of investigations into such cases; the number of requests for assistance received by the Government from shop operators who experienced operating difficulties, as well as the specific follow-up work;

(2) whether it knows the number of sports, cultural, arts, entertainment and tourism events originally scheduled to be held in Hong Kong in the latter half of this year or next year that have been cancelled or rescheduled since June this year on account of reasons relating to social disturbances, and set out by name of event: (i) the event organizer, (ii) the estimated manpower deployment, (iii) the expected economic benefits that may be brought to Hong Kong (e.g. the number of visitor arrivals that may be attracted), (iv) originally scheduled event date, and (v) newly scheduled event date (if available);

(3) whether it knows the respective monthly attendances of Ocean Park Hong Kong and Hong Kong Disneyland since June this year, and how such figures compare with the figures for the same period last year; the special promotion plans to be put in place by the operators of these two theme parks this year and next year in a bid to attract visits by local residents and tourists; and

1946 LEGISLATIVE COUNCIL ― 20 November 2019

(4) whether it has assessed the damage caused to Hong Kong's business environment and international reputation by the social disturbances since June this year; if so, of the indicators adopted and the assessment outcome; of the measures put in place to restore the confidence of the international community in the stability and business environment of Hong Kong?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Chinese): President, in recent months, there have been persisting protests and unrest in Hong Kong with some radical protesters setting fire wantonly, damaging shops and public facilities, blocking roads, and disrupting transport services. These illegal acts have seriously breached public harmony and threatened the safety of members of the public as well as their properties. They have also dealt a blow to Hong Kong's economy and tarnished our international image.

Having consulted the relevant Bureaux and Departments, the reply to the question raised by Mr Holden CHOW is as follows:

(1) Numbers of reported crime cases of criminal damage, arson, blackmail and criminal intimidation received by the Police between June and September 2019 as compared with the same period last year are set out in the table below:

June to June to Comparison September September Numerical Percentage 2018 2019 Criminal 1 657 2 148 +491 +29.6% damage Arson 94 148 +54 +57.4% Blackmail 240 134 -106 -44.2% Criminal 533 376 -157 -29.5% intimidation

For any cases of suspected offence, Police will conduct comprehensive investigation and follow up in stringent manner. Police had not maintained any breakdown of the above cases on account of reasons relating to social disturbances. The Government LEGISLATIVE COUNCIL ― 20 November 2019 1947

also had not maintained any record on the number of requests for assistance received from shop operators who experienced operating difficulties.

The Government had been keeping closely in view the impact of social unrest on different sectors and had been maintaining close communication with relevant sectors to provide appropriate assistance. Since mid-August, the Government had announced several rounds of support measures including those which would benefit industries that are more directly hit by the recent incidents, such as retail, catering, and tourism industries. Examples include the waiver of Government fees which can benefit the catering industry, reduction of rentals for catering establishments and retail stores leased by the Government, provision of cash incentive to travel agents, as well as multiple measures which help small and medium enterprises secure financing, etc. The Government will continue to monitor closely the economic situation, maintain communication with relevant sectors, and introduce additional support measures when appropriate.

(2) We note that a number of events of various scale had been postponed or cancelled. Examples of relevant major events include the National Day Fireworks Display, Hong Kong Tennis Open, Hong Kong Wine & Dine Festival, and Hong Kong E-Prix, etc. Some of the affected events which had been postponed or cancelled are summarized at the Annex. These events had been very successful and popular among local residents and visitors when they were held in Hong Kong in the past. As they could no longer be held as scheduled, this had cast a negative impact on Hong Kong's economy, especially our tourism industry.

Meanwhile, through careful arrangements by the organizers, some events were held smoothly. Examples include the World Rowing Coastal Championships, Hong Kong Open Badminton Championships, and Hong Kong Great November Feast, etc. We hope that calmness would be restored in society as soon as possible such that different activities could be held smoothly, thereby maintaining our position as the Events Capital of Asia.

1948 LEGISLATIVE COUNCIL ― 20 November 2019

(3) The Government attaches great importance to the business performance of Ocean Park and Hong Kong Disneyland Resort, and has been keeping a close watch on their attendance situation. In view of the challenges faced by Hong Kong's inbound tourism in recent months, the two theme parks had recorded considerable drop in their overall attendance. In this regard, the two theme parks will strive to increase income and reduce cost, roll out products tailored for the local market, and launch promotion in other visitor source markets at opportune junctures. Meanwhile, the two theme parks will continue to launch new attractions so as to enhance their attractiveness and competitiveness. In this regard, Hong Kong Disneyland Resort is taking forward its expansion and development plan, with new attractions to commission progressively in the coming few years including the transformed castle with entirely new daytime and night time shows next year, etc. Ocean Park will roll out a night time multi-media light show within this year, and it is establishing a technology-driven and highly interactive STEAM (Science, Technology, Engineering, Arts and Mathematics) Hub which is expected to open next year.

(4) Protests and rallies in recent months had often ended up in violence. They had drawn the attention of various countries and had been widely reported by overseas media. So far at least 40 countries had issued advice on travelling to Hong Kong. This had affected our international image. The business sector had also been closely monitoring the impact of recent incidents on Hong Kong's business environment as well as law and order. The persisting protests as well as some radical, violent and illegal acts had caused many to raise concerns on their personal safety in Hong Kong and had dampened the interest in visiting, making investment or seeking development here.

The Government had been resorting to various channels (e.g. mutual visits by officials and business leaders, international conferences, our overseas Economic and Trade Offices ("ETOs"), overseas media, as well as consulates and chambers of commerce in Hong Kong) to provide clarifications to the international community. We had also been closely monitoring the comments raised in different places in relation to Hong Kong and would provide updates to the international community in a timely manner so as to enable them to LEGISLATIVE COUNCIL ― 20 November 2019 1949

have a more accurate understanding of the actual situation in Hong Kong. For instance, the Financial Secretary had visited the United States and the United Kingdom in October and November this year respectively and I had visited the United States for three times in September 2018 as well as in June and September 2019. Through meetings with government officials, members of Parliament/Congress, think tanks as well as the business community, we had explained clearly Hong Kong's unique status and strengths under the Basic Law, and our important role in helping our global trading partners in developing markets. We had also provided clarifications on the situation in Hong Kong, and actively rectified any misunderstanding. Our ETOs had also been maintaining regular communication with relevant parties and disseminating the latest information to interested parties through different means such as meetings, emails, conventional media, and social media, etc. to explain Hong Kong's situation and dispel any misunderstanding.

While peace is being restored gradually in society, we will, in collaboration with the relevant organizations, chambers of commerce and professional bodies, step up efforts and resources to rolling out overseas promotional work and other effective measures to rebuild confidence in Hong Kong as soon as practicable.

Annex

Examples of major events cancelled or postponed recently (As of 18 November 2019)

Estimated Expected Originally Newly Name of Event Organizer manpower economic scheduled scheduled deployment benefits event date event date Hong Kong Organized by The Hong Kong Number of 14 to 16 June - Dragon Boat Hong Kong Dragon Boat attendance in 2019 Carnival Tourism Board Carnival was 2018:(1) ("HKTB"); co-organized by Local: Co-organized by HKTB and Around Hong Kong China HKCDBA 38 000 Dragon Boat involving Non-local: Association different areas of Around ("HKCDBA") work and the 12 000 1950 LEGISLATIVE COUNCIL ― 20 November 2019

Estimated Expected Originally Newly Name of Event Organizer manpower economic scheduled scheduled deployment benefits event date event date promotion work was undertaken by various departments of the HKTB Head Office and Worldwide Offices. It is therefore difficult to break down and quantify the manpower separately. National Day Coordinated by Leisure and Expected 1 October - Fireworks Home Affairs Cultural Services number of 2019 Display Bureau Department was attendance: responsible for the Around detailed 280 000(2) arrangement of the fireworks display and discussion with relevant departments for the support required. As it involved different areas of work, it is difficult to quantify the manpower deployed. Prudential Hong Kong Over 300 staff Expected 5 to Pending Hong Kong Tennis members number of 13 October Tennis Open Association attendance: 2019 2019 Local: Around 63 000 Non-local: Around 8 600 LEGISLATIVE COUNCIL ― 20 November 2019 1951

Estimated Expected Originally Newly Name of Event Organizer manpower economic scheduled scheduled deployment benefits event date event date Hong Kong HKTB As the organizing Number of 13 October - Cyclothon and promotion attendance in 2019 work was 2018:(3) undertaken by Local: various Around departments of the 42 000 HKTB Head Non-local: Office and Around Worldwide 28 000 Offices, it is difficult to break down and quantify the manpower separately. New World Hong Kong Over 700 staff Expected 27 October - Harbour Race Amateur members number of 2019 2019 Swimming attendance: Association Local: Around 1 000 Non-local: Around 300 Hong Kong HKTB As the organizing Number of 31 October to - Wine & Dine and promotion attendance in 3 November Festival work was 2018:(4) 2019 undertaken by Local: various Around departments of the 149 500 HKTB Head Non-local: Office and Around Worldwide 18 500 Offices, it is difficult to break down and quantify the manpower separately. Swire The Hong Kong Around 200 staff Expected 16 November Pending Symphony Philharmonic members number of 2019 Under The Society Limited attendance: Stars Concert Around 15 000(5) 1952 LEGISLATIVE COUNCIL ― 20 November 2019

Estimated Expected Originally Newly Name of Event Organizer manpower economic scheduled scheduled deployment benefits event date event date Clockenflap Clockenflap Estimate not Expected 22 to - 2019 Limited available number of 24 November attendance: 2019 Around 70 000(6) Everbright Sun Hong Kong Over 100 staff Expected 2 to Pending Hung Kai Squash members number of 8 December Hong Kong attendance: 2019 Squash Open Around 2019 2 500(7) 2020 Hong Formula Electric Manpower Number of 29 February Pending Kong E-Prix Racing (Hong deployment in attendance in to 1 March Kong) Limited 2019:(8) 2019:(9) 2020 Over 1 900 Local: temporary staff Around members 10 500 Non-local: Around 4 500

Notes:

(1) As the relevant estimate is not available, the number of attendance in 2018 is provided for reference.

(2) The Government did not compile any estimate with breakdown between local and non-local attendance.

(3) As the relevant estimate is not available, the number of attendance in 2018 is provided for reference.

(4) As the relevant estimate is not available, the number of attendance in 2018 is provided for reference.

(5) The organizer did not compile any estimate with breakdown between local and non-local attendance.

(6) Breakdown between local and non-local attendance is not available.

(7) The organizer did not compile any estimate with breakdown between local and non-local attendance.

(8) As the relevant estimate for the scheduled race is not available, the number of staff members deployed in the 2019 race is provided for reference.

(9) As the relevant estimate for the scheduled race is not available, the number of attendance of the 2019 race is provided for reference.

LEGISLATIVE COUNCIL ― 20 November 2019 1953

Illegally affixed bills and posters

13. DR PRISCILLA LEUNG (in Chinese): President, under section 104A of the Public Health and Municipal Services Ordinance (Cap. 132), no bill or poster shall be displayed or affixed on any Government land, except with the written permission of the Authority. Some members of the public have relayed that since June this year, a large quantities of leaflets, posters, sticky notes, etc. have been affixed, for expression of various views, without permission at public places (e.g. footbridges, pedestrian subways and perimeter fences) in many districts. Such affixed items have not only caused environmental hygiene problems but also led to clashes among members of the public with different political views. However, the government departments concerned have not actively addressed the problem, making such members of the public feel very dissatisfied. In this connection, will the Government inform this Council:

(1) whether the government departments concerned have, since June this year, found any items affixed without their permission at the places under their management; if so, of the details, and whether they have forthwith removed such items; if they have not forthwith removed such items, of the reasons for that;

(2) whether the Government has, since June this year, assessed if it constitutes an administrative omission on the part of the departments concerned for failure to remove those illegally affixed items within a time period expected by members of the public; if it has assessed, of the outcome; if not, the reasons for that; and

(3) whether it will make special arrangements to expedite the clearance of illegally affixed items; if so, of the details; if not, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, my reply to the various parts of the question is as follows:

(1) and (2)

In the past few months, displays of bills without written permission of the Authority (commonly known as "Lennon Wall") have been found on Government land in various districts.

1954 LEGISLATIVE COUNCIL ― 20 November 2019

Relevant departments have been closely monitoring the situation, and conducting timely clean-up operations in their respective venues/public places (including locations which may affect pedestrians' safety or cause serious environmental hygiene problems). As at 17 November 2019, joint clean-up operations were conducted at some 160 locations across the territory by relevant departments.

(3) Inter-departmental joint clean-up operations on unauthorized displays are conducted on an ongoing basis. The Government has made its best effort to re-deploy existing manpower and engage additional staff as and when necessary to remove unauthorized displays in public places on Government land as soon as possible.

Measures to alleviate the impacts of African Swine Fever

14. MR STEVEN HO (in Chinese): President, African Swine Fever ("ASF") broke out on the Mainland in August last year and quickly swept through most parts of the Mainland. Fortunately, it has not spread to the pig farms in Hong Kong. Due to the epidemic, quite a number of registered pig farms on the Mainland for supply to Hong Kong ("registered pig farms") have ceased to supply live pigs to Hong Kong, resulting in a substantial decrease in the daily number of live pigs imported from the Mainland from 4 000 heads in the past to below 1 700 heads at present. The wholesale and retail prices of pork have consequently surged and, as a result, the relevant trades and members of the public have been greatly affected. In this connection, will the Government inform this Council:

(1) whether it knows the changes in the national monthly figures on (i) the pig rearing capacity, (ii) the quantity of feed consumed and (iii) the number of pig farms, since August last year; if such information is not available, whether it will expeditiously seek such information from the relevant Mainland authorities;

(2) of (i) the number of Mainland-registered pig farms, the change in that number and the up-to-date list of the farms, in each quarter, and (ii) the monthly average retail price of local fresh pork, since August LEGISLATIVE COUNCIL ― 20 November 2019 1955

last year; if such information is not available, whether it will compile the statistics expeditiously;

(3) given that the relief measures introduced recently by the Government (including reducing rental for stalls in public markets and waiving the licence fees for fresh provision shops, slaughterhouses and pig farms) are only short-term in nature, whether the Government will make reference to the practice of the Central Government and introduce more proactive measures to promote live pig production and safeguard market supply, including (i) providing support in the form of subsidies and subsidized interest for loans, (ii) exploring the provision of additional sites for pig rearing and offering loans to pig farm licensees in order to increase the pig rearing capacity, and (iii) providing the live pig-related trades with targeted subsidies for stabilizing live pig production, so as to alleviate the problem of rising pig prices and promote the development of the local pig rearing industry in the long run;

(4) as the authorities have indicated that they will explore using the unused licensed rearing capacity of local pig farms (about 11 000 heads) to increase live pig rearing capacity, but there are only a few pig farms which have unused capacity and the licensees concerned may not be willing to increase their rearing capacity, whether the Government will consider increasing the licensed rearing capacity prescribed under various licences, so as to increase pig rearing capacity more effectively and comprehensively;

(5) as the authorities have undertaken to enhance comprehensively the quarantine and disinfection work covering the various aspects of the transportation chain for live pigs (including converting pig-carrying trucks to half-sealing and considering the installation of additional disinfection facilities at slaughterhouses for vehicles entering and leaving the slaughterhouses), and to provide a timetable of the relevant work, of the progress and timetable of such work;

(6) given that although pork supply is still tight on the Mainland at present, the quantity of live pigs supplied to Hong Kong in the past (about 4 000 heads per day) actually accounted for only a tiny 1956 LEGISLATIVE COUNCIL ― 20 November 2019

proportion of the pig rearing capacity of the whole nation (about hundreds of millions of heads), and that the authorities have also indicated that they will discuss with the relevant Mainland authorities and try their best to bring the supply of live pigs to Hong Kong back to its previous level, of the progress and details of such work;

(7) as the authorities have indicated that they will consider importing live pigs from overseas, of the progress and details of such work;

(8) of (i) the total quantity of import of chilled and frozen pork, (ii) the top 10 regions that supplied the largest quantities of chilled and frozen pork to Hong Kong, (iii) the changes in the number of fresh provision shops eligible for selling chilled and frozen pork, and (iv) the number of cases uncovered by the authorities of such shops selling chilled and frozen pork disguised as fresh pork, in the past three years; and

(9) as it has been reported that some countries and regions have ceased to import chilled and frozen pork from the infected areas in order to prevent the spread of ASF, whether Hong Kong currently imports chilled and frozen pork from the infected areas; if so, of the details, and why the Government does not suspend all import of pork from those areas?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President,

(1) and (2)

Since the first African Swine Fever ("ASF") case was found on the Mainland, the HKSAR Government has been closely monitoring the development in ASF outbreak as well as the supply of live pigs to Hong Kong and their price. The quarterly figures of registered Mainland pig farms supplying live pigs to Hong Kong (registered pig farms) since the third quarter of 2018 are set out in the following table:

LEGISLATIVE COUNCIL ― 20 November 2019 1957

Number Number Number of increased decreased Quarter registered pig farms (Compared with the previous quarter) 3rd quarter of 2018 187 4th quarter of 2018 154 4 37 1st quarter of 2019 154 2 2 2nd quarter of 2019 144 1 11 3rd quarter of 2019 127 0 17

The list of registered pig farms is subject to change, as determined by factors such as commercial considerations and the rearing conditions of the registered farms. The latest list is available on the official website of the General Administration of Customs.

The Central Government established a website(1) to publish figures related to live pigs on the Mainland, such as number of pigs slaughtered, number of pigs stocked at farm and price.

As to the retail price of fresh pork in Hong Kong, the Monthly Report on the Consumer Price Index published by the Census and Statistics Department reported the average retail price of "fresh pork lean meat" from August 2018 to September 2019 as follows:

Month Average retail price ($HK/kilogram) 2018 August 72.1 September 72.8 October 73.2 November 74.0 December 74.8 2019 January 75.7 February 80.5 March 78.3 April 76.5 May 85.5 June 137.3

(1) The website is . 1958 LEGISLATIVE COUNCIL ― 20 November 2019

Month Average retail price ($HK/kilogram) July 142.6 August 156.4 September 159.0

(3) and (4)

The Government has been implementing various support measures to facilitate the development of the local pig rearing industry. The Government established the "Sustainable Agricultural Development Fund" ("SADF") in 2016 to foster the sustainable development and enhance the overall competitiveness of the agricultural industry. In early 2019, SADF allocated about $15 million to support the Jockey Club College of Veterinary Medicine and Life Sciences of the City University of Hong Kong for the provision of veterinary services (including disease diagnosis and treatment) to local pig farmers as well as the procurement of necessary vaccines and medications, and formulation of tailor-made disease prevention and management programmes for pig farms, with a view to improving pig productivity, enhancing food safety, and strengthening early warning and monitoring of diseases. In addition, the Hong Kong Productivity Council has received a grant of about $5 million from SADF and has commenced a demonstration project on advanced sewage treatment technologies in pig farms to enhance the sewage treatment technologies for local pig farms. A "Farm Improvement Scheme" has also been established under SADF to provide direct grants of a maximum amount of $30,000 to local pig farmers for the acquisition of small farming equipment and materials, such as feed mixers, disease preventive facilities, etc. to enhance rearing techniques, productivity and biosecurity of pig farms.

Apart from SADF, the Agriculture, Fisheries and Conservation Department ("AFCD") is also responsible for managing the Agricultural Aid Loan Fund, which offers a low-interest loan to farmers for farm development and working capital to resolve their financial difficulties. There is no financial limit for the agricultural loan and currently the amount of unsecured loan available is up to $130,000. In order to provide targeted assistance for pig farms affected by ASF, a special loan scheme was set up under the J.E. LEGISLATIVE COUNCIL ― 20 November 2019 1959

Joseph Trust Fund in November 2018 to provide a low-interest unsecured loan up to $800,000 with an annual interest rate of about 0.1%, subject to the scale of farms. In addition, the Government announced the waiving of licence fee for pig farms for one year in August 2019.

The Government introduced a voluntary surrender scheme for pig farms and the ex-gratia payment scheme in 2006 to enable pig farmers to voluntarily cease operation. As a corollary, the Government decided to stop the issue of new licences and freeze the rearing capacity of those pig farms that chose not to join the voluntary surrender scheme that year in order to gradually reduce the public health and environmental pollution problems brought by the pig rearing industry in Hong Kong. Currently, the Government does not have any plan to change the policy of limiting the number of pig farms and the total rearing capacity. There are now 43 licensed pig farms in Hong Kong with the total maximum rearing capacity being 74 640 heads. These farms are rearing about 61 000 heads of pigs in total.

Regarding the sites for pig rearing, if an existing licensed pig farm is affected by land development, the licensee may consider relocation. The relocation site must be within the livestock waste control area and comply with the Public Health (Animals and Birds) (Licensing of Livestock Keeping) Regulation (Cap. 139L) with regard to livestock keeping control, biosecurity, environmental protection, as well as the relevant legislations relating to planning and lands. On the premise that the public health as well as the disease prevention and control are not affected, the Government is open-minded to explore with the trade the relocation and consolidation of pig farms, provided that there would not be any increase in the maximum rearing capacity, and biosecurity of the farms would be enhanced to minimize the risk of pig infection.

(5) In the past year, the Government has enhanced the biosecurity of transportation of live pigs in collaboration with the trade. For slaughterhouses, Sheung Shui Slaughterhouse ("SSSH") and Tsuen Wan Slaughterhouse have stepped up cleansing and disinfection of 1960 LEGISLATIVE COUNCIL ― 20 November 2019

incoming and outgoing pig conveying vehicles since August last year, and installed pressurized water pumps and high-pressure hot water guns to enhance cleansing efficiency. Since February this year, SSSH has also installed disinfection pools at the entrance and exit to thoroughly disinfect the wheels of the pig conveying vehicles. The Food and Environmental Hygiene Department ("FEHD") and the slaughterhouse operators have arranged additional manpower for monitoring to ensure that the vehicles have been thoroughly cleansed and disinfected before leaving.

In the long term, the Government is exploring to establish a one-stop automatic facility in SSSH to provide quick and comprehensive cleansing and disinfection of live pig conveying vehicles. If the plan is feasible, the new facility is expected to come into operation within two to three years.

At local farms level, AFCD has been enhancing promotion of preventive measures against ASF and ensuring that proper biosecurity measures were implemented at pig farms. At the same time, AFCD has been deploying staff to inspect the health condition of pigs and biosecurity at local pig farms, and to request pig farmers to strictly control the vehicles and personnel entering pig farms and enhance the cleansing and disinfection of vehicles and personnel entering and leaving pig farms, etc.

(6) and (7)

The Government is highly concerned about the low level of live pig supply and the increase in price, and has been liaising closely with the Mainland authorities to reflect the desire of the trade and the public for increasing the supply. Nevertheless, the production and supply of live pigs on the Mainland have also been affected by the outbreak of ASF, leading to excess demand for live pigs for local consumption and the continuous increase in price on the Mainland. These affected the supply of live pigs to Hong Kong. We will continue to maintain close liaison with the Mainland authorities on increasing supply of live pigs to Hong Kong.

LEGISLATIVE COUNCIL ― 20 November 2019 1961

In regards to the recent proposal from the trade on importing live pigs from other places (such as Thailand, South Korea and Malaysia) in order to increase the source of live pig's supply, the Government is willing to explore the feasibility with the trade and relevant stakeholders and to coordinate accordingly. Since September this year, AFCD has been in contact with the relevant authorities or consulate generals in Hong Kong to express the import intentions of the local trade. Subsequently, AFCD has been actively liaising with the relevant stakeholders and organizing meetings to discuss the feasibility and the follow-up work required for importing live pigs from relevant countries. These include the control and prevention plan against ASF in the country and the farms to be provided by the exporting countries and the standard operating procedures and contingency plans to be prepared by the importers for further risk assessment by the department. In addition, AFCD plans to visit Singapore in December this year to learn about the local regulation of importing live pigs from Malaysia by sea.

However, as importation of live food animals entails public health and food safety considerations and the outbreaks of ASF in the neighbouring countries are emerging, we have to exercise caution.

(8) According to the information provided by the Census and Statistics Department, a total of 29 800 tonnes of chilled pork and 726 700 tonnes of frozen pork were imported into Hong Kong between 2017 and 2019 (as at September). The top 10 places of origin of imported chilled pork were the Mainland, Thailand, Spain, Australia, Canada, the Netherlands, the United States, Japan, the United Kingdom and France. As for imported frozen pork, the top 10 places of origin were Brazil, the Mainland, the Netherlands, the United States, Vietnam, Poland, Germany, Spain, Canada and Italy.

The number of fresh provision shop licence for sale of chilled and frozen pork has increased slightly this year, from 1 369 in 2017 and 2018 to 1 378 at the end of October this year. FEHD has set a specific licensing condition to prohibit the sale of chilled meat as fresh meat. Any licensee who contravenes this licensing condition will have the fresh provision shop licence cancelled immediately without any prior warning. In the past three years, a fresh provision 1962 LEGISLATIVE COUNCIL ― 20 November 2019

shop licence was cancelled due to the breach of the above mentioned licensing condition. In addition to regular inspections of licensed fresh provision shops, FEHD officers will also conduct thematic blitz operations and enforcement actions as necessary to enhance the monitoring of the licensed food premises in compliance with licensing conditions and laws.

(9) As we have pointed out many times, ASF is not a zoonotic disease and would not be transmitted to humans, hence posing no food safety risk to the public. Well-cooked pork and pork products are safe for consumption. However, as ASF can cause massive infection and death in pigs within a short period of time, the current strategy for the prevention and control of ASF in Hong Kong mainly aims at preventing the virus from infecting local pig farms.

After the occurrence of two ASF cases in Hong Kong in May this year, preventative measures have been further strengthened. Among them, the Government has imposed a daily clearance arrangement, which means all live pigs will be slaughtered within 24 hours upon admittance into the slaughterhouses, having taken into account the views of local and overseas experts and with the support of the trade. Under the new arrangement, lairages in different areas of the slaughterhouses will be cleared out and undergo thorough cleansing and disinfection every day. Given the short stay of pigs in the slaughterhouses, which undergo thorough cleansing and disinfection daily, the risk of spreading ASF has been largely minimized.

In addition, the government departments concerned have implemented a number of measures in the past year to step up biosecurity in local pig farms, including banning the use of food waste as pig feed, and stepping up cleansing and disinfection of slaughterhouses and vehicles entering and leaving pig farms, as well as recommending pig farmers to ban staff from bringing pork and pork products into the farms, etc. We believe that these measures are effective in reducing the possibility of ASF infection in local pig farms.

LEGISLATIVE COUNCIL ― 20 November 2019 1963

Unnatural death and dead body found cases

15. MR JEREMY TAM (in Chinese): President, it has been reported that a number of suspected suicide cases and dead body found cases may be associated with the disturbances arising from opposition to the proposed legislative amendments. Regarding the unnatural death cases (including suicide and murder cases) and dead body found cases handled by the Police since June this year, will the Government inform this Council:

(1) of the numbers of such cases, and how they compare with those of the same period last year;

(2) of the following details of each case (set out in a table):

(i) the date and time when the case was reported,

(ii) the age and gender of the deceased,

(iii) the place where the incident happened/the dead body/bodies was/were found,

(iv) the date and time when the police officers first arrived at the scene, and the date and time when they left the scene,

(v) the number of police officers who were first to arrive at the scene, and the department/police district to which they belong,

(vi) whether the deceased was/were certified dead at the scene or upon arrival at the hospital,

(vii) whether the case was classified as suicide (if so, the means by which the suicide was committed and reasons for the act, as well as whether any suicide notes were found),

(viii) whether there were superficial injuries on the dead body/bodies of the deceased (if so, of the details),

(ix) whether the clothes on the dead body/bodies of the deceased were untempered,

1964 LEGISLATIVE COUNCIL ― 20 November 2019

(x) whether the Police have gained contact with the family members of the deceased,

(xi) whether any inquest into the case has been/will be held by a Coroner's Court (if an inquest has already been held, of the finding), and

(xii) whether the dead body/bodies of the deceased has/have been buried or cremated (if so, of the date);

(3) of the respective numbers of cases in which the Police have been unable to (i) ascertain the identity of the deceased and (ii) gain contact with the family members of the deceased;

(4) of the respective numbers of cases in which:

(a) the deceased was/were suspected of falling from height;

(b) the body/bodies of the deceased was/were found in the sea; and

(c) the body/bodies of the deceased was/were found at other places,

together with a breakdown by whether or not the Police (i) concluded the case to be suspicious, (ii) carried out any investigation, and (iii) found any suicide notes;

(5) of the number of suspicious death cases investigation into which by the Police has been completed; among such cases, the number of those in which the causes of death of the deceased were suspected to be associated with the movement of opposition to the proposed legislative amendments;

(6) of the number of cases into which inquests have been held by a Coroner's Court; among such cases, the respective numbers of those into which inquests were held (a) pursuant to the decision of the Coroner, (b) upon the application made by family members of the deceased to the Court of First Instance and (c) upon the application LEGISLATIVE COUNCIL ― 20 November 2019 1965

made by the Secretary for Justice to the Court of First Instance; the respective numbers of cases into which the inquest found that the death being (i) a suicide, (ii) an accidental death, (iii) death by misadventure, (iv) a lawful killing, (v) an unlawfully killing, and (vi) an open verdict;

(7) of the criteria adopted by the Police for determining whether the causes of death of the deceased were suspicious, and the respective procedure adopted for handling the bodies of the deceased in the suspicious cases and the non-suspicious cases; and

(8) whether any common attributes were found among such cases (e.g. the scene and the date and time of the incident)?

SECRETARY FOR SECURITY (in Chinese): President, upon receipt of any death report, the Police will investigate into the case from different aspects and will not rule out any possible causes of death including suicide and murder. The Police will work on various fronts to collect evidence, including death notes found at scene, the deceased's conditions before death as learnt from his/her family and friends, medical records, call records, closed-circuit television footage, etc.

Regarding unnatural death cases, identifiable dead bodies will be conveyed to public mortuaries. The Police will arrange with the deceased's families to attend the public mortuary for corpse identification. In general, a Forensic Pathologist will perform an autopsy, including a toxicological examination and sampling, on a body in respect of unnatural death where appropriate. Having completed the autopsy and recorded the information required, the deceased's family will collect the body and decide the burial means.

In case of discovery of an unidentifiable dead body, the Police will conduct a detailed search at the scene where the dead body is found to seek information which may be related to the death. The Police will also take fingerprints, palm prints and DNA samples from the dead body, and make a record of information on the clothing worn on the dead body in an effort to confirm the identity of the deceased. Besides, the Police will try to contact the next of kin of the deceased by every feasible means.

1966 LEGISLATIVE COUNCIL ― 20 November 2019

Meanwhile, a Government Forensic Pathologist will perform an autopsy to ascertain the cause of death. Generally, the dead body will be kept in the public mortuary for one month after the autopsy. If the Police are able to contact the deceased's family before the expiry of the one-month retention period or any such period extended for the investigation into the death, and the dead body is no longer required for the purpose of any investigation, the mortuary will arrange for the family to claim the dead body. If the dead body remains unclaimed after the expiry of the retention period, the mortuary will inform the Food and Environmental Hygiene Department ("FEHD"), which will then arrange for the burial or cremation of the dead body in accordance with established procedures.

In accordance with section 14(1) of the Coroners Ordinance ("CO") (Cap. 504), where a person dies suddenly, by accident or violence or under suspicious circumstances, a coroner shall hold an inquest into the death. According to section 27 of CO, the purpose of the inquest shall be to inquire into the cause of and the circumstances connected with the death. For that purpose, the proceedings and evidence at the inquest shall be directed to ascertaining the following matters in so far as they may be ascertained, which include the identity of the dead person; how, when and where the person came by his death; and the conclusion of the coroner/jury concerned as to the death.

Where the coroners consider that further investigation of the death is required, the Police will investigate further and submit a more detailed death investigation report. Upon perusal of the relevant report, and upon considering all the circumstances of the case, the coroner will consider whether to hold an inquest into the death.

The Police maintain their professionalism in investigating each of the death cases and follow it up in a meticulous manner. In fact, as indicated in the Coroners' Report 2018, the coroners recognized the performance of the police investigators and that their standard of conducting investigation into every incident of death was very high, as was their reports.

Our consolidated reply to Mr Jeremy TAM's question is as follows:

(1) to (8)

In handling every death case, the Police report to the coroner's court in strict compliance with the law and guidelines. Based on the Police's initial case classification at scene, the number of suicide LEGISLATIVE COUNCIL ― 20 November 2019 1967 reports (including person found hanging or felt from height), and dead body found and death before or on arrival to hospitals reports (including cases of uncertain cause of death at scene) received by the Police between June and September 2019, as compared with the same period in the past four years, are listed below:

Dead body found, death before Between Suicide (including cases or on arrival to hospitals June to of person found hanging (including cases of uncertain September or felt from height)(1) cause of death at scene)(2) 2019 256 2 537 2018 222 2 226 2017 250 2 407 2016 235 2 161 2015 216 2 159

Notes:

(1) based on Police's initial classification.

(2) cases may be reclassified upon conclusion of the investigation, including reclassifying them as suicide reports.

As at 30 September 2019, there were 1 162 cases under further investigation and pending submission of more detailed death reports by the Police according to the coroners' instructions.

From June to September 2019, the public mortuaries conveyed 42 unclaimed dead bodies to FEHD for handling, and 4 of which were subsequently claimed by the deceased's families.

The coroner's court held inquests into 161 cases in 2018 and passed verdicts of death by natural causes in 138 of them. Please refer to Annex for other relevant statistics published in the Coroners' Report. The coroner's court is still collecting relevant statistics for 2019 and will publish them in the first half of 2020.

The Police do not have the other breakdown statistics required in the question.

1968 LEGISLATIVE COUNCIL ― 20 November 2019

Annex

Analysis of Conclusions of Inquests and Nature of Deaths

Industrial Accident laboratory findings not elsewhere classified Symptoms, signs and abnormal clinical and Diseases system musculoskeletal the of and Certain infections and parasitic diseases Diseases of the the of Diseases Diseases of the respiratory system respiratory the of Diseases system respiratory the of Diseases Diseases circulatory the of system Diseases circulatory the of system Diseases of the digestive system digestive the of Diseases Aspiration (gastric contents) Medical and surgical care Jumping from height Falling from height Carbon mo connective tissueconnective Miscellaneous Blunt force Blunt Neoplasms Drowning Hanging TOTAL Others

Drugs genito Falls Conclusion Crushed by object noxide

-

urinary system urinary

Suffocation

Natural Causes 1 1 6 35 8 5 1 67 6 8 138

Accidental Death 1 1 1 1 2 6

Death by Misadventure 1 1 5 7

Suicide 1 4 1 6

Open Verdict 1 1 1 3

Unlawful Killing 1 1

TOTAL 1 1 6 35 8 5 1 67 6 8 1 1 1 1 1 4 1 1 1 3 1 5 1 1 161

Food Truck Pilot Scheme

16. MR JIMMY NG (in Chinese): President, the Government has extended the Food Truck Pilot Scheme, which was launched in February 2017, by two years to 2 February 2021. Under the licensing conditions, the 15 food trucks may operate only at (i) designated operating locations on a rotation basis or (ii) venues of self-identified events that meet specific conditions (i.e. being open to the public, having publicity plans and appropriate licences for which having been obtained). It has been reported that the number of tourists and local residents visiting various operating locations has been dropping continuously since the eruption of the disturbances arising from the opposition to the proposed LEGISLATIVE COUNCIL ― 20 November 2019 1969 legislative amendments. To reduce their losses, operators of food trucks designated to operate at locations with low people flow have opted not to do business instead. In the past few weeks, among the 11 operating locations, there were only four locations, at the most, in a week the food trucks at which were open for business, and some of the food trucks were open for business from Friday to Sunday only. Some food truck operators have criticized that as the authorities do not understand the operating difficulties of food trucks and ignore the aspirations of the operators, it is difficult for their food truck business to sustain. In this connection, will the Government inform this Council:

(1) whether it has conducted studies to look into the causes for the great variances in (i) the business performance of the food trucks and (ii) their business performance at different operating locations; if so, set out the relevant information in a table; if not, whether it will conduct such studies;

(2) whether it has compiled statistics on (i) the volume of people flow at the various designated operating locations and (ii) the turnover of the food trucks, at different hours and during various events; if so, set out the relevant information in a table; if not, whether it will compile such statistics;

(3) whether it will relax the relevant licensing conditions so as to give the food trucks greater room for survival, e.g. allowing, on the premise of not affecting the traffic and the business situation of eateries in the vicinity, the food trucks to participate in private parties which are not open to the public, so as to offset the losses incurred by their operation at the designated operating locations; if so, of the details; if not, the reasons for that;

(4) given that the Government announced in October this year the reduction by half in the rentals payable by the food trucks for operating at Government venues, whether it will consider negotiating with the management of the designated operating locations which are not Government venues (including the Hong Kong Disneyland, Ocean Park, Golden Bauhinia Square, and Central Harbourfront Event Space) to offer rental reduction of the same rate to food trucks operating at such venues; if so, of the details; if not, the reasons for that; and

1970 LEGISLATIVE COUNCIL ― 20 November 2019

(5) whether it will remove those operating locations with lower people flow and poorer business performance for food trucks, and introduce new operating locations; if so, of the details; if not, the reasons for that?

SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Chinese): President, the two-year Food Truck Pilot Scheme ("the Scheme"), launched on 3 February 2017, aims to enhance the fun and vibrancy of tourist attractions in Hong Kong by providing diverse, creative and high quality gourmet food to tourists and the locals. After evaluating the operation of the Scheme, the Tourism Commission ("TC") decided to extend the Scheme for two more years up to 2 February 2021 with a view to allowing sufficient time for the Scheme to be tested out in the market.

In view of the business performance of the food trucks and in response to the views on the Scheme, TC has rolled out a number of refinement measures since end May 2017 to enhance the operation flexibility of the Scheme as far as possible in order to help improve the business environment. The measures include:

(1) introducing new operating venues, namely Hong Kong Science Park, the AsiaWorld-Expo, The Hong Kong University of Science and Technology, Hong Kong Science Museum, Hong Kong-Zhuhai-Macao Bridge Hong Kong Port and Tai Po Waterfront Park in addition to the eight original operating venues;

(2) providing a more flexible shift arrangement for food trucks to operate in Energizing Kowloon East Venue 1 in the daytime and shift to Tsim Sha Tsui Art Square in the evening, and allowing operators to bid for vacant pitches by drawing lots or on a first-come-first-served basis;

(3) allowing food trucks to participate in self-identified events. We will consider these events positively as long as they are open to the public with publicity plans available and obtained appropriate licences (e.g. temporary places of public entertainment licence). We also encourage relevant government departments to consider engaging food trucks in events organized or sponsored by them;

LEGISLATIVE COUNCIL ― 20 November 2019 1971

(4) allowing the operators to opt whether to operate at the designated venues under the rotation schedule and pay service fees for the operation days only; and

(5) allowing operators to identify new operating venues for TC's consideration and follow up if the venue management allows the food trucks to operate and provides appropriate supporting facilities and the pitch location will not cause obstruction to people and vehicle traffic.

My reply to the five-part question raised by Mr Jimmy NG is as follows:

(1) According to the financial statements submitted by the operators, the total gross revenue of 15 food trucks up to mid-October 2019 was $48.87 million with details tabulated below:

Gross revenue of food trucks Number of food trucks (up to mid-October 2019) Between $4.5 million and $5 million Three Between $4 million and $4.5 million One Between $3.5 million and $4 million Two Between $3 million and $3.5 million Two Between $2.5 million and $3 million Four Between $2 million and $2.5 million One Between $1.5 million and $2 million One Below $1.5 million One

(2) We assess the business performance of the food trucks through the statements of accounts submitted by the operators rather than the people traffic at respective operating venues. The total gross revenue of 15 food trucks in operating venues up to mid-October 2019 was about $43.46 million with details tabulated below:

Gross revenue of food trucks ($) Operating venues (up to mid-October 2019) Hong Kong Disneyland Around 27.09 million Tsim Sha Tsui Art Square Around 4.45 million 1972 LEGISLATIVE COUNCIL ― 20 November 2019

Gross revenue of food trucks ($) Operating venues (up to mid-October 2019) Salisbury Garden Around 4.06 million Ocean Park Around 2.49 million Golden Bauhinia Square Around 1.73 million Wong Tai Sin Square Around 0.98 million Central Harbourfront Event Space Around 0.86 million The Hong Kong University of Around 0.77 million Science and Technology Energizing Kowloon East Around 0.47 million Venue 1 Hong Kong Science Museum Around 0.26 million Hong Kong Science Park Around 0.22 million AsiaWorld-Expo* Around 0.06 million Hong Kong-Zhuhai-Macao Around 0.01 million Bridge Hong Kong Port Tai Po Waterfront Park# Around 0.01 million Total Around 43.46 million

Notes:

* AsiaWorld-Expo provided two pitches for food truck operation at suitable events held in the venue since 20 May 2017. There were eight days of food truck operation for four events in this venue. AsiaWorld-Expo does not participate in the Scheme during the extension period in light of its development plan.

# Tai Po Waterfront Park provided one pitch for food truck operation from 22 July 2019 to 30 September 2019 during the closure of its restaurant and kiosk.

As for events, the total gross revenue of 15 food trucks up to mid-October 2019 was about $5.41 million, in which $1.08 million came from food truck operation at tourism mega events organized by the Hong Kong Tourism Board ("HKTB") and arranged by TC and $4.33 million from self-identified events.

In conclusion, the business performance of food trucks at individual venues and events varied greatly and was attributable to a number of factors including whether the pitch location in the operating venue is LEGISLATIVE COUNCIL ― 20 November 2019 1973

prominent, whether there are sufficient number of visitors at that venue and event, the business strategy of food truck operators, including number of operation day and whether operators have offered different types of food to match with the preference and consumption power of customers, etc.

(3) Apart from arranging food trucks to participate in the tourism mega events organized by HKTB as mentioned above, one of the refinement measures of the Scheme is to allow food trucks to participate in self-identified events as long as the events are open to the public and obtained appropriate licences. Having regard to the fact that food trucks can cook at the spot and their huge size, it is crucial to ensure food safety and hygiene as well as not to cause obstruction to pedestrians or other vehicles when parked. In accordance with the licensing condition of Food Factory Licence ("FFL") issued to food trucks, they can only operate at designated venues and events approved by the Government. The designated venues and events are assessed by relevant departments and considered suitable for food truck operation. If food trucks operate at private events (not open to the public) without licences, relevant departments cannot assess whether the premises and the events are suitable for food truck operation. However, if the events held in private premises are open to public and have obtained licences, food trucks are allowed to apply and participate through the existing application mechanism for self-identified events.

Up to mid-October 2019, operators applied for operating in 90 self-identified events and approval had been granted to all applications. The nature of these events varies, including mega music concerts, carnivals, food festivals, mega contests such as tennis tournaments, car racing, yacht racing, running competition and charity walk, etc. Amongst all events, some were held at private premises/lots such as events held at the golf club, country club and outdoor area of shopping centre which were public events with licences. The mode of cooperation between operators and event organizers also varies. Some organizations would make bulk purchase of food from food trucks for their event participants while others would not collect service fee from the operators but just 1974 LEGISLATIVE COUNCIL ― 20 November 2019

require them to arrange their own electricity for operation. Operators can decide whether to operate at these events having regard to their own business consideration.

(4) In view of the severe negative pressure faced by the Hong Kong economy, the Financial Secretary announced in August 2019 a package of measures to support enterprises (especially small and medium enterprises), to safeguard jobs and relieve people's burden. Amongst which, food trucks will benefit from the waiver of the renewal fees for FFL and registered commercial vehicle licence and the vehicle examination fees.(1)

Regarding the rental fee payable to the operating venues, further to the 50% rental concession offered by government venues to operating food trucks from October 2019 onwards for a period of six months, Ocean Park will also reduce the daily rental by nearly 30% for the period from mid-November 2019 to end March 2020. We will continue to discuss with venue management to come up with other measures to help relieve the operating pressure of food trucks.

(5) Another refinement measure of the Scheme is to allow operators to opt whether to operate at the operating venues under the rotation schedule and pay service fees only for the operation days, which has already provided them greater room and flexibility in operation. At the same time, we have explored with relevant organizations and departments over 30 new locations with tourism elements for food truck operation. Yet most of them, for example, pedestrian areas, beaches or piers fell through for various reasons such as the accommodation of food trucks will cause obstruction to people and vehicle traffic, there are too many restaurants in the proximity or there is no venue management to provide electricity and other supporting services, etc. We will continue to look for new operating venues where practicable with a view to exploring more business for food trucks.

(1) Wavier for renewal fees for FFL has taken effect from 1 October 2019, whereas waiver for registered commercial vehicles licences fees and vehicle examination fee will be effective from 30 December 2019 after the completion of vetting procedures at the Legislative Council. LEGISLATIVE COUNCIL ― 20 November 2019 1975

Non-refoulement claimants

17. MS ELIZABETH QUAT (in Chinese): President, under the prevailing policy, where non-refoulement claimants ("claimants") who are to be repatriated have lodged applications for judicial review ("JR") in relation to the results of their claims, the Immigration Department ("ImmD") will temporarily suspend the actions of sending them back to their places of origin. The number of applications for leave for JR in relation to the results of such claims received by the Court of First Instance surged from 1 006 in 2017 to 2 851 in 2018. To reduce abuse of the procedure for handling claims, the authorities indicated in January this year that they were considering amending the Immigration Ordinance (Cap. 115). Moreover, the authorities proposed in June this year to amend the High Court Ordinance (Cap. 4) to facilitate the handling of cases, including claims-related JR applications, in a more efficient manner. In this connection, will the Government inform this Council:

(1) whether it knows the number of applications for leave for JR received by the Judiciary from claimants since 1 January this year, as well as the relevant estimated figure for the coming year;

(2) whether it knows the respective maximum numbers of relevant (i) applications for leave for JR and (ii) appeal cases that can be heard by the court each year at present; the time needed, as estimated by the Judiciary on the basis of the current numbers and trends of these two types of cases, for all such cases to be heard;

(3) whether it knows the amount of expenditure incurred by the Judiciary in each of the past three years for handling the applications for leave for JR and appeal cases in relation to the results of such claims, as well as the estimated amount of the relevant expenditure in the coming three years (set out in a table);

(4) of the latest progress of the work to amend Cap. 4 and Cap. 115;

(5) as the Judiciary's earlier proposal to reduce the number of judges hearing appeals concerning applications for leave for JR from three to two is considered to be not very effective, whether the authorities have discussed with the Judiciary the adoption of other new measures to expeditiously clear the backlog of applications for leave 1976 LEGISLATIVE COUNCIL ― 20 November 2019

for JR and appeal cases; if so, of the details; if not, the reasons for that;

(6) whether it knows if the Judiciary will consider setting up special courts to expedite the hearing of claims-related cases, so as to avoid affecting the pace of other JR cases being heard;

(7) of the number of claimants in each of the past five years who were arrested for taking up illegal employment during the period when the hearings for their applications for leave for JR were pending (set out in a table);

(8) of the respective current numbers of the various types of claimants in Hong Kong (including claimants who have lodged claims, have lodged appeals against the results of their claims, have lodged applications for leave for JR, have lodged appeals against the results of their applications for leave for JR, are being imprisoned and are awaiting repatriation, as well as claimants whose claims have been substantiated and who are awaiting arrangements for departing Hong Kong);

(9) of the estimated public expenditure involving claimants in each of the coming four financial years (set out a breakdown of the expenditure in a table); and

(10) whether ImmD is equipped with adequate facilities for detaining those claimants who pose a threat to life or property; whether the authorities will, by making reference to the past practices adopted by the Government for handling Vietnamese boat people, detain such claimants in closed facilities?

SECRETARY FOR SECURITY (in Chinese): President, the Government has in the past three years implemented various initiatives to handle non-refoulement claims, which yielded positive results. Last year, the number of non-ethnic Chinese illegal immigrants and new non-refoulement claims received significantly dropped by about 80% from the peak. The Immigration Department ("ImmD") has also largely completed the screening of pending claims which once accumulated to over 11 000.

LEGISLATIVE COUNCIL ― 20 November 2019 1977

As at the end of October 2019, under the Unified Screening Mechanism ("USM"), around 300 claimants were pending screening of their claim by ImmD and about another 3 700 claimants who had lodged an appeal against ImmD's decision rejecting their claim were pending decision of appeal by the Torture Claims Appeal Board ("TCAB").

On the other hand, according to the records of ImmD, around 6 400 unsuccessful claimants whose claims have been rejected under USM have applied to the court for leave for judicial review ("JR") or for JR. Under the prevailing policy, to strike an appropriate balance between the protection of civil liberty and the implementation of immigration control, ImmD will temporarily suspend the removal of any persons (including non-refoulement claimants) from Hong Kong if relevant court proceedings have commenced or are about to commence.

Besides, around 2 600 other unsuccessful claimants remained in Hong Kong as they were imprisoned, remanded, involved in ongoing prosecution/investigation process or because of some other reasons, or were waiting for repatriation arrangements. Taken together, there were in total about 13 000 claimants pending results of their claims or appeals under USM and unsuccessful claimants whose claims have been rejected but who were applying for JR or who remained in Hong Kong for some other reasons.

In consultation with the Judiciary, the Government's reply to the various parts of Ms Elizabeth QUAT's question is as follows:

(1) and (2)

According to the Judiciary, the number of leave applications for JR filed in the Court of First Instance of the High Court, including those relating to non-refoulement claim cases, between 2016 and 2018 are set out at Annex. Information in the Annex shows that the number of leave applications for JR relating to non-refoulement claims accounts for about 95% of the total number of leave applications filed in 2018 (i.e. 2 851 out of a total of 3 014 applications). The relevant numbers for 2019 are still under compilation by the Judiciary. As the number of cases filed is beyond the control of the Judiciary and would largely depend on the parties' own decisions to take out legal proceedings, the Judiciary is not in a position to provide an estimate on the number of a particular type of cases.

1978 LEGISLATIVE COUNCIL ― 20 November 2019

All cases received by the Judiciary will be handled in accordance with the established rules and procedures, and each case will be handled as expeditiously and efficiently as reasonably practicable. The Judiciary does not set limits on the number of cases to be handled by the courts in a year or any specified period.

Furthermore, the Judiciary is not in a position to estimate the time required by the courts to handle a particular type of cases, as the processing and the eventual disposal of an individual case can be affected by a wide range of factors, including the complexity of the case, the preparedness of the parties, etc., some of which are beyond the control of the courts.

(3) As advised by the Judiciary, they do not have the breakdown or estimates of the operating expenses by types of cases or levels of courts.

(4) According to the Judiciary, they are proposing to introduce amendments to the High Court Ordinance (Cap. 4) to facilitate the more efficient handling of cases, including those initiated by way of JR for cases stemming from non-refoulement claims, and to put judicial resources to the best use. These amendments seek to streamline court procedures and increase the flexibility in the deployment of judicial manpower thereby bringing about a positive impact on the overall case management. The Judiciary earlier consulted the Legislative Council Panel on Administration of Justice and Legal Services at its meeting on 24 June 2019 and other stakeholders, including the Hong Kong Bar Association and the Law Society of Hong Kong, as well as other court users, on the proposed amendments. The Panel and the concerned stakeholders were generally supportive of the proposed amendments. The Judiciary is working with the Department of Justice with a view to taking forward the proposed amendments as soon as practicable in the current legislative session.

As regards the Immigration Ordinance (Cap. 115), the Security Bureau will introduce an amendment bill into the Legislative Council in the first half of the current legislative session, with a view to improving the screening procedures of non-refoulement claims LEGISLATIVE COUNCIL ― 20 November 2019 1979

and appeals and plugging the existing loopholes, in order to effectively prevent the number of claims and processing time from building up again; as well as to strengthening ImmD's effectiveness in respect of enforcement, removal and detention.

(5) and (6)

According to the Judiciary, in addition to the proposed legislative amendments to the High Court Ordinance as mentioned in part (4) of the reply, the Judiciary has been taking other measures to address issues arising from the tight manpower situation to process, among others, non-refoulement claim cases. Specifically, the Judiciary has launched a new round of open recruitment of Judges and Judicial Officers ("JJOs") at all levels of court starting from mid-2018 with a view to enhancing the substantive judicial manpower to cope with the operational needs of the courts. In February 2019, the Judiciary created four posts of the Deputy Registrar of the High Court, on top of the existing JJOs, to strengthen the manpower resources in the Masters Office of the High Court. In the meantime, the Judiciary has been engaging temporary judicial resources as far as practicable to cope with its operational needs.

According to the Judiciary, all cases are carefully considered and handled as expeditiously as is reasonably practicable. Whilst the Judiciary has no plan to set up a special court to process JR cases in relation to non-refoulement claims, additional designated deputy High Court judges are engaged to cope with the continued surge of such cases. The Judiciary also plans to increase permanent judicial manpower and court staff to help handle these cases. The Judiciary will submit their proposal to the Legislative Council for consideration when ready.

(7) ImmD has all along been taking enforcement actions against non-ethnic Chinese ("NEC") illegal workers and their employers, so as to reduce the economic incentives for NEC persons to stay in Hong Kong. In the first 10 months of 2019, ImmD conducted 548 targeted operations against NEC illegal workers, arresting a total of 301 NEC illegal workers and persons for other immigration offences (such as illegal remaining or possession of forged identity cards), 1980 LEGISLATIVE COUNCIL ― 20 November 2019

and 178 local employers. At the same time, ImmD continues to strengthen publicity to remind employers that employment of persons not lawfully employable is a serious criminal offence liable to immediate imprisonment.

The number of NEC persons on recognizance (mostly non-refoulement claimants) arrested for taking unlawful employment in violation of section 38AA of the Immigration Ordinance in the past five years are tabulated as follows:

Year Number of Persons Arrested 2015 232 2016 302 2017 381 2018 332 2019 184 (till October)

ImmD does not maintain separate breakdown on non-refoulement claimants involving in illegal work during their application for leave for JR.

(8) As mentioned above, according to the records of ImmD, as at the end of October 2019, there were a total of about 13 000 claimants whose claims or appeals were pending determination under USM and unsuccessful claimants whose claims have been rejected but who were applying for JR or who remained in Hong Kong for some other reasons, breakdown as follows:

Reasons for remaining in Hong Kong Number of claimants (I) USM Claims pending screening by ImmD 300 Appeals pending decision by TCAB 3 700 Sub-total 4 000 (II) Other reasons Pending application for leave for JR or 6 400 application for JR LEGISLATIVE COUNCIL ― 20 November 2019 1981

Reasons for remaining in Hong Kong Number of claimants Imprisoned, remanded, involved in 1 400 prosecution or investigation process, absconded Pending removal (including application for 1 200 travel document and return flight arrangement) Sub-total 9 000

Furthermore, as at the end of October 2019, there were 137 claimants whose claims have been substantiated under USM remaining in Hong Kong. The United Nations High Commissioner for Refugees will, having regard to the specific circumstances of each case, arrange for suitable claimants whose claims have been substantiated to resettle in a third country.

(9) In the 2019-2020 financial year, the estimated major expenditures on handling non-refoulement claims and related work (excluding the handling of relevant applications for leave for JR or applications for JR by the Judiciary, and the legal aid provided by the Legal Aid Department in relevant cases) are tabulated as follows:

Screening of claims Repatriation and Publicly-funded Humanitarian of rejected Total Year handling of legal assistance assistance claimants ($ Million) appeals/ ($ Million) ($ Million) ($ Million)^ petitions ($ Million) 2019-2020 353 45 110 755 1,263 (Estimate)

Note:

^ Only manpower expenditure for work relating to the removal of non-refoulement claimants is included. As other expenditures are incurred by duties which form part of ImmD's overall repatriation work (e.g. arrangement for air tickets and application for documents), we do not maintain a separate breakdown relating to claimants.

ImmD has largely completed the screening of backlog claims and we expect that TCAB will complete the handling of pending appeals by the end of 2020 at the earliest. Therefore, the expenditures on 1982 LEGISLATIVE COUNCIL ― 20 November 2019

screening non-refoulement claims and handling related appeals/ petitions, as well as on publicly-funded legal assistance are expected to decrease. However, the expenditures on repatriation of rejected claimants may increase. As regards the expenditures on humanitarian assistance, it will depend on the progress of repatriation of rejected claimants. The Government will continue to reserve sufficient resources to handle the above work according to actual needs, yet we are not able to provide any concrete and accurate estimate at this stage on the relevant expenditures in the coming years.

(10) Suggestions of setting up reception centres or closed camps involve various issues concerning the law, land, infrastructure, manpower, resources, management and security, etc. Given the complexity of the issues involved, the suggestions must be carefully and thoroughly examined. The Government will continue to consider all lawful, practicable and effective measures. On the other hand, we will propose legislative amendments to the Immigration Ordinance in the amendment bill mentioned above to elaborate on the factors to be taken into account when considering whether a period of detention is reasonable and lawful. At present, a small fraction of non-refoulement claimants are detained at the Castle Peak Bay Immigration Centre pending their removal from Hong Kong. We will closely monitor the situation and consider the need for increasing detention facilities.

Annex

Number of leave applications for judicial review filed in the Court of First Instance of the High Court

2016 2017 2018 Non-refoulement claim 60 1 006 2 851 Other than non-refoulement claim 168 140 163 Total 228 1 146 3 014

LEGISLATIVE COUNCIL ― 20 November 2019 1983

Enhanced tax deduction for research and development expenditures

18. MR CHARLES PETER MOK (in Chinese): President, the Inland Revenue (Amendment) (No. 7) Ordinance 2018 came into operation on 2 November 2018. The expenditures incurred by enterprises on research and development ("R&D") activities conducted on 1 April 2018 or thereafter are classified into Type A and Type B. Type A expenditures are qualified for the current 100% tax deduction. For Type B expenditures, the deduction is 300% for the first $2 million and 200% for the remaining amount. "Qualifying R&D activities" are classified into out-sourced and in-house R&D activities. The amounts of (i) payments made to "designated local research institutions" ("DLRIs") in respect of the former and (ii) "qualifying expenditures" (i.e. expenditures in relation to employees and consumable items) paid in respect of the latter by enterprises are Type B expenditures, which are qualified for the aforesaid tax deduction at a higher percentage. R&D service providers are required to apply to the Innovation and Technology Commission for designation as DLRIs. In this connection, will the Government inform this Council:

(1) of the respective numbers of applications for designation as DLRIs received, approved and rejected to date by the authorities; if there are rejected applications, of the reasons for that;

(2) of the number of enterprises which have applied for tax deduction for R&D expenditures since the aforesaid Ordinance came into operation, as well as the total R&D expenditures involved, with a breakdown by the following types of expenditure:

Type B expenditures

(i) expenditures on out-sourced qualifying R&D activities,

(ii) qualifying expenditures on in-house qualifying R&D activities,

Type A expenditures

(iii) other expenditures on in-house qualifying R&D activities, and

(iv) expenditures on other R&D activities; and

1984 LEGISLATIVE COUNCIL ― 20 November 2019

(3) whether it has plans to provide additional tax concessions for R&D related activities; if so, of the details?

SECRETARY FOR INNOVATION AND TECHNOLOGY (in Chinese): President, to encourage more enterprises to conduct research and development ("R&D") locally and promote technological innovation and economic development in Hong Kong, the Government implemented last year the enhanced tax deduction for expenditures incurred on "qualifying R&D activities" by enterprises. R&D expenditures eligible for deduction are classified into "Type A expenditures" which are qualified for 100% deduction, and "Type B expenditures" which are qualified for the enhanced tax deduction. Type B expenditures have a two-tiered deduction regime. The deduction is 300% for the first $2 million of the aggregate amount of payments made to "designated local research institutions" ("DLRIs") for "qualifying R&D activities" and expenditures incurred by enterprises from carrying out in-house qualifying R&D activities. The remaining amount is qualified for 200% deduction. There is no cap on the amount of enhanced tax deduction and the deduction is applicable to all enterprises. Enterprises can claim the enhanced tax deduction in relation to the "qualifying R&D expenditures" on or after 1 April 2018.

Our reply to the respective questions is as follows:

(1) The Innovation and Technology Commission has so far received five applications for designation as DLRIs. Among these applications, three have been approved, one was withdrawn by the applicant and the remaining one was not approved mainly because the R&D activities conducted by the applicant did not meet the definition of "qualifying R&D activity" under the Inland Revenue Ordinance ("IRO"). Besides, we have already designated 30 local universities, colleges and public research institutions as DLRIs under IRO. In other words, there are currently 33 DLRIs in total.

(2) According to the information provided by Inland Revenue Department, up to end October 2019, among the profits tax returns received, there are 60 applications claiming R&D tax deduction for 2018-2019 assessment year pursuant to the amended IRO. The relevant expenditures for claiming tax deduction are as follows:

LEGISLATIVE COUNCIL ― 20 November 2019 1985

In-house Outsourcing Total Category R&D R&D ($ million) ($ million) ($ million) Type A Expenditures 82.0 32.4 114.4 Type B Expenditures 825.6 40.3 865.9 Subtotal 907.6 72.7 980.3

(3) As the implementation of the R&D tax deduction measure is still in the initial stage, we need time to review the response and effectiveness of the measure. At this stage, there is no plan to further broaden the tax concessions.

Development of underground space

19. MS CHAN HOI-YAN (in Chinese): President, regarding the development of underground space, will the Government inform this Council:

(1) of the total length of the pedestrian passageways situated below the ground at public places at present, with a breakdown by District Council ("DC") district;

(2) of the respective total floor areas and percentages of the commercial space situated below the ground at Government properties and private properties at present, with a breakdown by DC district;

(3) of the respective total floor areas of the car parks situated (i) above the ground at Government sites, (ii) below the ground at Government sites, (iii) above the ground at private sites and (iv) below the ground at private sites, as well as the respective numbers of the various types of car parking spaces provided in such car parks, in each of the past five years, with a breakdown by DC district;

(4) whether it has plans to construct underground passageways to link various MTR stations which are situated underground for the provision of pedestrian and commercial facilities; if so, of the details; if not, whether it will consider expeditiously commencing a relevant study and formulating an implementation timetable; and

1986 LEGISLATIVE COUNCIL ― 20 November 2019

(5) whether it has plans to, by drawing reference from the experience of overseas countries, formulate a comprehensive blueprint for underground space development to put below the ground as far as possible communal facilities such as sewage and waste treatment; if so, of the details (including the locations); if not, whether it will consider expeditiously commencing a relevant study?

SECRETARY FOR DEVELOPMENT (in Chinese): President, Hong Kong has been using underground space for commercial purpose and provision of community and transport facilities for many years. Most existing use of underground space have been developed under individual projects such as basement car parks, shopping arcades, pedestrian subways, railway stations and tunnels. There lacks a holistic planning strategy from a macro and multi-level perspectives, such as comprehensive consideration of underground space creation and connection with the neighbouring developments. From overseas examples, planning and effective use of underground space could enhance connectivity with the surroundings, improve the urban environment at street level, create space for various commercial and public facilities, and optimize the development potential of our scarce land resources in a long term.

Underground space is a viable source of land supply, which can provide solution space for a broad variety of land uses. Utilizing these hidden land resources may provide opportunities for the planning and development of Hong Kong, address the needs for community and commercial facilities, and tackle the traffic and environmental issues due to the lack of space in urban areas. In its report submitted to the Government on 31 December 2018, the Task Force on Land Supply recognized the multiple benefits of underground space development ("USD") and recommended it as one of the medium-to-long term land supply options for priority studies and implementation.

Our responses to the various parts of the question raised by Ms CHAN, having taken into account the inputs of relevant bureaux and departments, are as follows:

(1) According to the record of the Highways Department, the total length of pedestrian subways maintained by that department in various districts is currently around 32.9 km. Please refer to Annex 1 for more details.

LEGISLATIVE COUNCIL ― 20 November 2019 1987

(2) Information on the floor area and percentage of commercial space situated below the ground at individual Government and private properties are recorded in their respective files. Relevant government departments do not compile the concerned statistics on the total floor areas and percentages of commercial space situated below the ground at Government and private properties by districts.

(3) According to the information provided by the Transport Department, the numbers of car parking spaces by vehicle types and by districts in the past five years are provided in Annex 2. With respect to the total floor areas of the car parks situated above and below the ground at Government and private sites, relevant government departments do not compile the concerned statistics.

(4) According to the Transport and Housing Bureau, generally speaking, the Government will invite the MTR Corporation Limited ("MTRCL") to provide suitable accesses and pedestrian walkways during the planning and design of railway stations to facilitate the use of railway services. Depending on relevant factors including projected pedestrian flow, pedestrian connectivity, linkage with nearby buildings, impact on ground level shops, engineering technical feasibility, and impact on underground public utilities, etc., MTRCL will extend the accesses of railway stations to nearby areas and buildings through passageways where feasible. At some existing stations (e.g. Tsim Sha Tsui Station and Central Station) and stations under construction (e.g. Kai Tak Station and Sung Wong Toi Station), there are underground pedestrian walkways linking the stations with nearby streets and buildings. Apart from providing convenient passageways to and from railway stations, this could also make better use of underground space. However, for elevated or at-grade railway stations such as the existing Tsuen Wan Station and the Hin Keng Station under construction, it may not be appropriate to provide underground pedestrian walkways.

(5) To exploit the potential of systematic use of underground space resources in a comprehensive manner, the Civil Engineering and Development Department ("CEDD") undertook a study entitled "Territory-wide Study on Underground Space Development in the Urban Areas of Hong Kong―Feasibility Study" ("the Territory-wide 1988 LEGISLATIVE COUNCIL ― 20 November 2019

Study") which was substantially completed in 2017. The findings of the Territory-wide Study revealed that there may be fewer constraints on developing underground space in new development areas and large-scale comprehensive development/redevelopment areas. The study findings also revealed that there is a potential and opportunity for developing underground space in new development projects and existing public open space from the technical perspective, which could help meet the district needs and enhance connectivity with the surroundings. As regards new development projects, the Government has planned on the approved Kai Tak Outline Zoning Plan the development of an Underground Shopping Street in the Kai Tak Development for providing connections with the San Po Kong and Kowloon City areas respectively, thus enhancing integration between the new and old districts.

For USD in urban areas, the Territory-wide Study findings also indicated that the development potential of individual areas may be subject to various constraints in the existing urban context (e.g. land ownership issues and obstruction by underground structures). It would be comparatively difficult to develop underground space within existing private lots or build underground connections within its close proximity. To further assess the feasibility in a holistic manner and identify the key issues of USD in urban areas, CEDD and the Planning Department jointly commenced a "Pilot Study on Underground Space Development in Selected Strategic Urban Areas" ("the Pilot Study") in June 2015 to explore the potential of USD in four densely developed urban areas, and propose, having regard to the study findings, feasible conceptual development schemes for future implementation. The two departments completed the Stage Two Public Engagement activities of the Pilot Study from May to August this year, and collected views of relevant stakeholders and the public on holistic planning and design strategies of the proposed conceptual scheme for USD at the Kowloon Park, which was accorded development priority. Relevant government departments are analysing the views and suggestions collected in the public engagement for refining the conceptual scheme and studying its technical feasibility and implementation modes in greater detail.

LEGISLATIVE COUNCIL ― 20 November 2019 1989

Annex 1

Length of pedestrian subways in various districts

District Approximate Length (km) Central and Western 0.7 Wan Chai 0.5 Eastern 1.0 Southern 0.3 Yau Tsim Mong 3.4 Sham Shui Po 0.7 Kowloon City 1.5 Wong Tai Sin 0.7 Kwun Tong 1.1 Sai Kung 1.5 Islands 1.0 Kwai Tsing 1.2 Tsuen Wan 1.0 Tuen Mun 1.0 Yuen Long 3.3 Tai Po 3.2 North 3.5 Sha Tin 7.3 Total 32.9

Annex 2

Numbers of car parking spaces by vehicle types and by districts in the past five years

Private Goods District Situation as at Coach/Bus Motorcycle Total* Car# Vehicle Central February-2019 38 436 1 171 84 1 412 41 103 and February-2018 37 988 1 216 84 1 348 40 636 Western February-2017 38 837 1 221 89 1 362 41 509 February-2016 37 778 1 238 77 1 301 40 394 February-2015 37 641 1 220 67 1 278 40 206 1990 LEGISLATIVE COUNCIL ― 20 November 2019

Private Goods District Situation as at Coach/Bus Motorcycle Total* Car# Vehicle Wan February-2019 39 425 396 130 1 289 41 240 Chai February-2018 39 319 389 131 1 293 41 132 February-2017 39 021 389 131 1 269 40 810 February-2016 38 632 382 133 1 268 40 415 February-2015 34 793 132 118 1 006 36 049 Eastern February-2019 45 914 1 885 368 2 381 50 548 February-2018 45 216 1 889 291 2 267 49 663 February-2017 44 881 1 953 375 2 253 49 462 February-2016 44 115 1 921 370 2 163 48 569 February-2015 47 763 2 174 326 2 409 52 672 Southern February-2019 39 274 1 197 354 1 830 42 655 February-2018 38 792 1 205 262 1 809 42 068 February-2017 38 654 1 203 279 1 787 41 923 February-2016 37 633 1 063 287 1 742 40 725 February-2015 37 663 1 019 257 1 735 40 674 Yau February-2019 33 487 2 386 285 2 101 38 259 Tsim February-2018 33 135 2 428 261 2 025 37 849 Mong February-2017 32 992 2 430 266 2 007 37 695 February-2016 31 665 2 473 257 1 943 36 338 February-2015 31 131 2 534 257 1 867 35 789 Sham February-2019 29 157 3 248 435 1 978 34 818 Shui Po February-2018 28 641 3 201 422 1 886 34 150 February-2017 28 519 3 217 472 1 800 34 008 February-2016 28 585 3 031 427 1 646 33 689 February-2015 28 514 3 512 491 1 581 34 098 Kowloon February-2019 49 617 1 539 637 1 936 53 729 City February-2018 49 171 1 641 715 1 875 53 402 February-2017 48 115 1 668 834 1 750 52 367 February-2016 45 613 1 676 975 1 554 49 818 February-2015 46 042 1 953 907 1 591 50 493 Wong February-2019 20 834 1 290 136 2 239 24 499 Tai Sin February-2018 20 859 1 254 136 2 257 24 506 February-2017 21 102 1 291 136 2 211 24 740 February-2016 20 822 1 312 151 2 125 24 410 February-2015 20 758 1 348 169 2 057 24 332 LEGISLATIVE COUNCIL ― 20 November 2019 1991

Private Goods District Situation as at Coach/Bus Motorcycle Total* Car# Vehicle Kwun February-2019 45 371 3 268 202 4 060 52 901 Tong February-2018 44 926 3 733 200 3 818 52 677 February-2017 44 439 3 719 353 3 705 52 216 February-2016 43 983 4 020 352 3 537 51 892 February-2015 44 225 4 234 377 3 456 52 292 Tsuen February-2019 36 863 1 976 425 1 426 40 690 Wan February-2018 35 787 1 947 426 1 281 39 441 February-2017 34 981 1 919 396 1 230 38 526 February-2016 34 590 1 852 396 1 152 37 990 February-2015 33 332 1 846 374 1 107 36 659 Tuen February-2019 40 974 2 524 171 1 681 45 350 Mun February-2018 40 661 2 523 175 1 644 45 003 February-2017 39 843 2 529 175 1 614 44 161 February-2016 39 328 2 506 169 1 543 43 546 February-2015 39 083 2 475 177 1 523 43 258 Yuen February-2019 41 255 2 112 360 1 723 45 450 Long February-2018 40 857 2 108 346 1 677 44 988 February-2017 39 590 1 998 328 1 554 43 470 February-2016 38 206 1 852 353 1 475 41 886 February-2015 38 198 1 930 353 1 457 41 938 North February-2019 21 655 1 834 77 812 24 378 February-2018 21 290 1 818 79 781 23 968 February-2017 21 468 1 835 79 778 24 160 February-2016 20 846 1 737 74 754 23 411 February-2015 20 622 1 772 74 711 23 179 Tai Po February-2019 28 516 1 191 140 956 30 803 February-2018 28 396 1 194 140 966 30 696 February-2017 28 176 1 319 141 955 30 591 February-2016 27 969 1 329 160 927 30 385 February-2015 26 997 1 426 205 879 29 507 Sai February-2019 40 963 1 542 339 2 922 45 766 Kung February-2018 39 819 1 585 339 2 783 44 526 February-2017 38 720 1 567 373 2 746 43 406 February-2016 35 772 1 511 395 2 516 40 194 February-2015 34 979 1 414 598 2 453 39 444 1992 LEGISLATIVE COUNCIL ― 20 November 2019

Private Goods District Situation as at Coach/Bus Motorcycle Total* Car# Vehicle Sha Tin February-2019 72 885 2 722 219 2 866 78 692 February-2018 72 189 2 740 215 2 803 77 947 February-2017 70 346 2 726 214 2 768 76 054 February-2016 70 033 2 697 233 2 669 75 632 February-2015 69 610 2 793 251 2 588 75 242 Kwai February-2019 35 717 11 053 296 2 682 49 748 Tsing February-2018 35 473 10 954 252 2 629 49 308 February-2017 35 452 10 585 321 2 614 48 972 February-2016 34 413 10 039 342 2 493 47 287 February-2015 34 469 10 380 260 2 455 47 564 Islands February-2019 16 107 793 226 574 17 700 February-2018 15 565 779 226 520 17 090 February-2017 16 479 829 226 516 18 050 February-2016 15 188 852 101 415 16 556 February-2015 15 063 857 101 411 16 432 Total February-2019 676 450 42 127 4 884 34 868 758 329 February-2018 668 084 42 604 4 700 33 662 749 050 February-2017 661 615 42 398 5 188 32 919 742 120 February-2016 645 171 41 491 5 252 31 223 723 137 February-2015 640 883 43 019 5 362 30 564 719 828

Notes:

# Private car parking spaces can be used by private cars, taxis as well as van-type light goods vehicles, which can be accommodated within private car parking spaces.

* The figures exclude about 300 parking spaces reserved for special public services such as refuse collection or post offices' vehicles.

Traffic congestion in Happy Valley and Causeway Bay

20. MR PAUL TSE (in Chinese): President, some residents have complained that traffic congestion frequently occurs in the vicinity of Caroline Hill Road, Ventris Road, Link Road and Leighton Road in Happy Valley and Causeway Bay, particularly during evening commuting hours on weekdays and at noon on weekends. During peak hours, the tailback even reaches Broadwood Road, thus LEGISLATIVE COUNCIL ― 20 November 2019 1993 paralyzing the traffic to and from the Broadwood district, Jardine's Lookout and Tai Hang. During the time when matches are held in the Hong Kong Stadium, vehicles can hardly move in the areas concerned. In addition, driving test candidates learning driving and taking road tests in these areas are also major causes for the traffic congestion. On the other hand, the Government is planning to use the site of the ex-Electrical and Mechanical Services Department Headquarters and the adjacent sites on Caroline Hill Road for the construction of a new district court and for commercial purposes, including the provision of as many as 600 car parking spaces. Some residents are worried that the development project, once implemented, will inevitably aggravate the traffic congestion in the areas concerned. In this connection, will the Government inform this Council:

(1) whether it knows the respective numbers of persons across the territory who (i) learned driving and (ii) took road tests, as well as the respective rates of year-on-year increase, in each of the past three years; among such persons who took road tests, of the number and percentage of those who chose to take the tests in the So Kon Po Driving Test Centre in Wanchai;

(2) whether it conducted any assessment in the past three years on the traffic load caused by driving test candidates learning driving and taking road tests in the aforesaid areas; if so, of the assessment outcome; if not, whether it will do so expeditiously;

(3) as some members of the public have criticized that with an increasing number of persons learning driving in recent years, coupled with the busy traffic in the adjacent business districts, the aforesaid areas are not suitable for activities of learning driving and conducting road tests, and that the aforesaid development project, upon its completion, will bring extra traffic load to the areas which may aggravate road congestion, whether the authorities will expeditiously relocate the two driving test centres in the areas (particularly the So Kon Po Driving Test Centre), or adjust the driving test routes, so as to alleviate the traffic load in the areas concerned; if so, of the details (including the sites identified and the timetable); if not, the reasons for that;

1994 LEGISLATIVE COUNCIL ― 20 November 2019

(4) as vehicles often stop inside the yellow box markings at three road junctions in the areas (namely the junction of Leighton Road, Caroline Hill Road and Hoi Ping Road, the junction of Caroline Hill Road and Link Road, as well as the junction of Broadwood Road and Ventris Road), causing obstruction to the traffic, whether the Police will deploy traffic police officers to station there during traffic peak hours to step up law enforcement and direct traffic; and

(5) as the aforesaid development project has been drawn up on the basis of the data of a traffic flow survey conducted more than two years ago, whether the Government will conduct a survey afresh in order to more accurately access if the roads in the areas can cope with the traffic flow to be generated by the project?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, all along, the Government monitors the traffic conditions in various districts closely (including the Causeway Bay and Happy Valley areas) in order to maintain smooth traffic for the convenience of the commuting public. Regarding the Causeway Bay and Happy Valley areas, when major events take place at the Hong Kong Stadium or the Happy Valley Racecourse, the Transport Department ("TD") and the Hong Kong Police Force ("the Police") would implement special traffic arrangements to divert traffic as appropriate.

Our reply to the various parts of the question raised by Mr Paul TSE is as follows:

(1) The numbers of valid learner's driving licence holders and the numbers of road tests arranged (including the respective year-on-year changes), as well as the numbers of road tests arranged at the So Kon Po Driving Test Centre (including the percentages to the total numbers of road tests arranged) in the past three years (2016 to 2018) are set out in the Annex.

(2) and (5)

From 2017 to 2019, the traffic consultant engaged by the Highways Department conducted an assessment on the impact of rezoning of the Caroline Hill Road site for development ("the development project") on local traffic. The assessment has already taken into LEGISLATIVE COUNCIL ― 20 November 2019 1995

consideration the traffic volume arising from activities of those learning driving and taking road tests. Currently, the traffic conditions of the junctions in the vicinity of the site are still acceptable, and most vehicles are able to clear the junctions without waiting for more than one traffic signal cycle during peak hours.

At the same time, the consultant has assessed the traffic impact in the fifth year after completion of the development project (i.e. 2031) on the basis of the traffic data of 2017, taking into account additional traffic flow to be generated by the development project and other planned developments or redevelopments nearby, as well as the projected annual growth in traffic volume.

As recommended in the traffic assessment, when taking forward the development project, the project proponent would need to improve the junction of Caroline Hill Road and Leighton Road and that of Caroline Hill Road and Link Road so as to cope with the additional traffic upon completion of the project and to avoid creating unacceptable impact on the local traffic.

(3) Given the results of the above mentioned traffic assessment, TD has no plan to adjust the routes for driving tests in the areas.

All along, TD strives to identity suitable sites in the territory for setting up additional driving test centres. Prior to the identification of any suitable replacement sites, TD has no plan to relocate the Happy Valley and So Kon Po Driving Test Centres.

(4) The Police has been mindful of the traffic conditions in the Causeway Bay and Happy Valley areas. Appropriate enforcement action has been taken against traffic offenders having regard to the actual circumstances in accordance with the "Selected Traffic Enforcement Priorities" so as to ensure road safety and smooth traffic flow. The Police will closely monitor the traffic conditions near the yellow box markings of the junction of Leighton Road, Caroline Hill Road and Hoi Ping Road, the junction of Caroline Hill Road and Link Road, and the junction of Broadwood Road and Ventris Road. Additional traffic police officers will be deployed to control traffic and summons action be stepped up against those driving into yellow box markings wilfully.

1996 LEGISLATIVE COUNCIL ― 20 November 2019

Annex

Numbers of valid learner's driving licence holders, numbers of road tests arranged and numbers of road tests arranged at So Kon Po Driving Test Centre from 2016 to 2018

(1) Numbers of valid learner's driving licence holders and year-on-year changes

Number of valid learner's Year-on-year change Year driving licence holders (%) 2016 93 226 - 2017 91 886 -1.4% 2018 93 493 +1.7%

(2) Numbers of road tests arranged and year-on-year changes

Year-on-year change Year Number of road tests arranged (%) 2016 169 239 - 2017 169 250 0.0% 2018 167 802 -0.9%

(3) Numbers of road tests arranged at So Kon Po Driving Test Centre and the percentages to the total numbers of road tests arranged

Percentage to Number of road tests arranged at the total number of Year So Kon Po Driving Test Centre road tests arranged (%) 2016 10 308 6.1% 2017 9 503 5.6% 2018 9 414 5.6%

Note:

The number of road tests arranged includes the number of road tests conducted and the number of tests not conducted due to absence from tests and other reasons (e.g. due to bad weather on the test day, unexpected breakdown of the test vehicles, etc.).

LEGISLATIVE COUNCIL ― 20 November 2019 1997

Participation of public healthcare sector staff in exchange activities on the Mainland

21. DR PIERRE CHAN (in Chinese): President, regarding the situation of staff members of the Hospital Authority ("HA") and the Department of Health ("DH") participating in the Course on National Affairs for Hong Kong Professionals ("the Course") and other exchange activities on the Mainland, will the Government inform this Council:

(1) of the number of invitations received by HA for nominating staff members to participate in the Course, and the number of staff members nominated by HA to participate in the Course, in each year since 2015, with a breakdown by the grade and rank to which they belonged in the following table;

Staff members 2015 2016 2017 2018 2019 Medical grade (i) Chief of Service (ii) Consultant (iii) Senior Medical Officer/Associate Consultant (iv) Medical Officer/Resident Nursing grade (i) Senior Nursing Officer or above (ii) Department Operations Manager (iii) Ward Manager/Nurse Specialist/ Nursing Officer/Advanced Practice Nurse (iv) Registered Nurse (v) Enrolled Nurse Allied health professional Executive Others (please specify) Total number of participating staff

(2) of the amount of expenditure incurred by HA arising from its staff members' participation in the Course, and the total number of days of paid study leave granted by HA to such staff members, in each 1998 LEGISLATIVE COUNCIL ― 20 November 2019

year since 2015; the number of days such Courses lasted (if the number varied, set out the information by commencement date);

(3) of the year starting from which HA nominated staff members to participate in the Course, and the cumulative number of staff members who have participated in the Course to date; and

(4) of the number of invitations received by DH for nominating staff members to participate in (i) the Course and (ii) other exchange activities on the Mainland, in each year since 2015, and set out the relevant figures respectively according to the formats in (1) to (3)?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, in consultation with the Hospital Authority ("HA") and the Department of Health ("DH"), my reply to the various parts of the question raised by Dr Pierre CHAN is as follows:

(1) to (3)

HA all along attaches importance to providing comprehensive training and development opportunities for staff of all grades and ranks. Relevant clinical and non-clinical training as well as exchange activities are arranged from time to time. HA also accepts invitations and sponsorships from various organizations for staff to attend local or non-local training and academic exchanges, including the Course on National Affairs for Hong Kong Professionals ("the Course") organized by the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region. Arranged by the Chinese Academy of Governance, the Course takes place in Mainland cities for a period of normally six days. HA is one of the organizations invited to take part in the Course. Staff enrolment is voluntary subject to nomination by respective departments, Hospital Chief Executives and Cluster Chief Executives, and provided that assessment has been made to confirm that the staff's work and HA's services will not be affected. In the past five years, HA has, upon invitation, nominated 152 staff members to join 10 Courses. Participants included staff from the medical, nursing and allied health professional grades, as LEGISLATIVE COUNCIL ― 20 November 2019 1999

well as executive and management staff. The relevant figures are tabulated below:

Grade 2015 2016 2017 2018 2019 Medical 18 17 9 17 7 Nursing 9 1 3 6 7 Allied health professional 6 0 2 3 3 Executive 8 7 12 7 10 Total number of participating staff 41 25 26 33 27

Under its human resources policy, HA may provide support in the form of financial sponsorship and/or study leave, where appropriate, for staff to attend training and development activities. As far as the Course is concerned, the organizer is responsible for meals, accommodation, local transport and the course fee, whereas HA provides return air passage and study leave for its nominees.

HA has always attached great importance to providing training and development opportunities for its staff. A variety of clinical, non-clinical and related training programmes as well as exchange opportunities are arranged for staff to broaden their scope of training. In general, apart from offering training opportunities on clinical professional knowledge and skills, HA also arranges various kinds of training for health care professionals, such as training on leadership, management and communication skills. The Course, being a non-clinical training programme, aims to enhance participants' understanding of the Mainland's systems and policies in various aspects, including health care system and development.

(4) DH is committed to providing staff with training and development opportunities by motivating them to participate in various professional training. In addition, DH will also arrange staff to attend a wide spectrum of training, such as leadership and management, languages and communication skills, etc.

DH has not received any invitation for nominations regarding the Course since 2015. However, the Civil Service Training and Development Institute ("CSTDI") has been inviting government departments regularly to consider nominating officers to attend their 2000 LEGISLATIVE COUNCIL ― 20 November 2019

national studies courses/thematic study programmes of the Mainland for civil servants. Officers of DH attend these courses/programmes on a voluntary basis. The nominations must be made by the relevant Heads of Grade. Having assessed and confirmed that the participation will not affect the staff's work and the services provided by DH, the list of nominations will be passed to CSTDI for selection. In the past five years, DH, upon invitation, has nominated a total of 80 officers to attend CSTDI's national studies courses/thematic study programmes. Participants included doctors, nurses, para-medical staff, and executive staff. The relevant figures are tabulated below:

Grade 2015 2016 2017 2018 2019 Doctor 2 3 10 4 8 Nurse 3 2 3 2 2 Para-medical staff 3 1 5 5 4 Executive staff 2 5 0 5 11 Total number of participating staff 10 11 18 16 25

Regarding the above mentioned national studies courses/thematic study programmes, while CSTDI provides participants with round-trip passage, board and lodging, local transportation, course fee and study grant, DH grants study leave to the nominated staff.

Extension of the service of civil servants

22. MR HO KAI-MING (in Chinese): President, the Government launched in July last year an initiative of extending the service of civil servants. Those civil servants who joined the Government between 1 June 2000 and 31 May 2015 are given two years (i.e. from 17 September 2018 to 16 September 2020) to decide whether or not to apply for raising their retirement age. In this connection, will the Government inform this Council:

(1) of the respective numbers of applications for raising retirement age which have been (i) received, (ii) approved, and (iii) rejected so far, as well as (iv) the number of such applications being processed, together with a breakdown by government department and applicant's rank (i.e. lower, middle and senior ranks); if some applications were rejected, of the reasons for that; and

LEGISLATIVE COUNCIL ― 20 November 2019 2001

(2) whether it will consider afresh extending the aforesaid initiative to cover those serving civil servants who joined the Government before 1 June 2000; if so, of the details; if not, the reasons for that?

SECRETARY FOR THE CIVIL SERVICE (in Chinese): President, to tie in with the goal of expanding the labour force and to respond to the aspirations of our serving colleagues in the civil service, the Government launched in July 2018 the option for serving civil servants who joined the Government between 1 June 2000 and 31 May 2015 to choose to retire at the age of 65 (for civilian grades) or 60 (for disciplined services grades, regardless of ranks). Eligible civil servants can decide whether or not to take the Option within the two-year option period commencing on 17 September 2018.

The reply to various parts of the question is as follows:

(1) As at 16 September 2019, about 24 000 (or 43%) out of some 56 000 eligible civil servants had taken the Option. Breakdowns of the statistics by bureaux/departments/offices and salary groups are set out at Annexes 1 and 2 respectively. It is noteworthy that the statistics only reflect the position as at one year after the commencement of the option period. Since there is still one year's time before the end of the two-year option period (i.e. 16 September 2020), we believe that many colleagues will make the decision later. The Option taken by eligible civil servants will normally take effect within six months after the option period ends. So far, no eligible civil servant who has opted in has been rejected. Besides, for bureaux/departments which mainly comprise officers belonging to general grades, posting of the officers would cause changes to the statistics (and its components) of the concerned bureaux/departments.

(2) The Pensions Ordinance (Cap. 89) and Pension Benefits Ordinance (Cap. 99) have stipulated the retirement age applicable to civil servants who were appointed before 1 June 2000 and are serving on pensionable terms (hereafter referred to as "Pre-2000 Officers"). The majority of the Pre-2000 Officers will reach their currently applicable retirement age in the next decade or so, but the overall labour force in Hong Kong is expected to start declining in 2022 and the labour market will only become relatively critical after 2030. 2002 LEGISLATIVE COUNCIL ― 20 November 2019

Therefore, from the population policy perspective, it is unjustifiable to also allow these officers to choose to retire later. In particular, quite a number of the Pre-2000 Officers will retire soon. If they are allowed to choose to extend their retirement age, departments may not have sufficient time to adjust their manpower planning accordingly, and to address management problems that might arise immediately, such as promotion blockage and hindrance to healthy turnover, and mismatch of human resources. All these will affect the planning and deployment of manpower resources in departments, and such situations should be avoided.

In the light of the above, from the civil service management's perspective, the Government has to handle the issue of extending the service of the Pre-2000 Officers in a flexible manner. Although the Pre-2000 Officers cannot choose to retire later at present, departments may, taking into account factors such as their overall manpower situation, genuine and operational needs, and succession arrangement, flexibly employ various initiatives for extending the service of civil servants, including the Post-retirement Service Contract Scheme, final extension of service and the adjusted further employment mechanism, to retain experienced civil servants reaching their retirement age and meet the manpower demand and operational needs. Such measures also provide different avenues for civil servants to serve beyond their retirement age.

Annex 1

Breakdown of Number of Eligible Civil Servants who had taken the Option by Bureaux/Departments/Offices (as at 16 September 2019)

Number of Number of Eligible Civil Bureau/Department/Office Eligible Civil Servants who had Servants taken the Option Agriculture, Fisheries and Conservation 686 388 Department Architectural Services Department 506 182 Audit Commission 55 13 LEGISLATIVE COUNCIL ― 20 November 2019 2003

Number of Number of Eligible Civil Bureau/Department/Office Eligible Civil Servants who had Servants taken the Option Auxiliary Medical Service 39 25 Buildings Department 876 342 Census and Statistics Department 339 103 Chief Executive's Office 31 3 Chief Secretary for Administration's Office 117 30 and Financial Secretary's Office Civil Aid Service 24 12 Civil Aviation Department 265 51 Civil Engineering and Development 546 290 Department Civil Service Bureau 273 50 Commerce and Economic Development 154 17 Bureau Companies Registry 89 28 Constitutional and Mainland Affairs Bureau 62 10 Correctional Services Department 2 271 1 241 Customs and Excise Department 2 105 1 371 Department of Health 1 980 583 Department of Justice 411 96 Development Bureau 241 58 Drainage Services Department 470 281 Education Bureau 1 253 236 Electrical and Mechanical Services 1 252 872 Department Environment Bureau 18 3 Environmental Protection Department 581 187 Financial Services and the Treasury Bureau 119 17 Fire Services Department 4 163 1 855 Food and Environmental Hygiene 3 923 2 796 Department Food and Health Bureau 69 17 Government Flying Service 68 28 Government Laboratory 195 111 Government Logistics Department 202 117 2004 LEGISLATIVE COUNCIL ― 20 November 2019

Number of Number of Eligible Civil Bureau/Department/Office Eligible Civil Servants who had Servants taken the Option Government Property Agency 61 26 Highways Department 601 337 Home Affairs Bureau 97 25 Home Affairs Department 597 186 Hong Kong Observatory 78 24 Hong Kong Police Force 11 592 3 544 Hongkong Post 1 310 515 Housing Department 2 580 1 265 Immigration Department 2 738 1 388 Information Services Department 233 44 Inland Revenue Department 671 136 Innovation and Technology Bureau 43 8 Innovation and Technology Commission 103 32 Intellectual Property Department 65 5 Invest Hong Kong 11 7 Joint Secretariat for the Advisory Bodies on 16 3 Civil Service and Judicial Salaries and Conditions of Service Judiciary 530 187 Labour and Welfare Bureau 38 6 Labour Department 730 217 Land Registry 102 23 Lands Department 1 276 687 Legal Aid Department 151 37 Leisure and Cultural Services Department 3 152 1 656 Marine Department 408 263 Office of the Communications Authority 114 44 Office of the Government Chief Information 110 38 Officer Office of the Government Economist 28 5 Official Receiver's Office 77 13 Planning Department 210 58 Public Service Commission 5 0 Radio Television Hong Kong 257 86 LEGISLATIVE COUNCIL ― 20 November 2019 2005

Number of Number of Eligible Civil Bureau/Department/Office Eligible Civil Servants who had Servants taken the Option Rating and Valuation Department 169 25 Registration and Electoral Office 92 13 Secretariat, Commissioner on Interception 11 2 of Communications and Surveillance Security Bureau 78 9 Social Welfare Department 2 123 660 Trade and Industry Department 109 22 Transport and Housing Bureau 76 10 Transport Department 632 251 Treasury 106 17 University Grants Committee Secretariat 20 4 Water Supplies Department 1 029 692 Working Family and Student Financial 301 116 Assistance Agency Total 56 113 24 099

Annex 2

Breakdown of Number of Eligible Civil Servants who had taken the Option by Salary Groups (as at 16 September 2019)

Number of Number of Eligible Civil Salary Group Eligible Civil Servants who had Servants taken the Option Ranks with maximum pay point above Master Pay Scale Point ("MPS Pt.") 33, or 9 375 3 458 equivalent Ranks with maximum pay point at or below 46 738 20 641 MPS Pt. 33, or equivalent Total 56 113 24 099

2006 LEGISLATIVE COUNCIL ― 20 November 2019

PRESIDENT (in Cantonese): Ms YUNG Hoi-yan has informed me through a written notice prior to today's meeting of her intention to move a Motion for adjournment under Rule 16(2) of the Rules of Procedure immediately after the oral question session.

With regards to an adjournment motion moved under Rule 16(2) of Rules of Procedure, the President must be satisfied that the adjournment motion is of urgent public importance and in neutral wording.

Ms YUNG Hoi-yan, will you now please explain concisely why your motion is of urgent public importance?

MS YUNG HOI-YAN (in Cantonese): President, as the District Council Election will be held a few days later, the public are extremely concerned if the election can be held as scheduled in a fair and just manner. For that reason, I move the motion for adjournment under Rule 16(2) of the Rules of Procedure, and the wordings of the motion are as follows: "That this Council do now adjourn for the purpose of debating the following issue: in response to the ongoing violent demonstrations in society with the District Council Election to be held a few days later (24 November), the immediate measures adopted by the Government to ensure that the Election can be held in a fair and just manner and the electors can vote without being obstructed and threatened.".

Please allow me to spend some time explaining my motion. As a matter of fact, the current social atmosphere is extremely volatile as violent clashes have not subsided, nor are there any signs of dying down. Since the commencement of the nomination period of candidature in October, a number of candidates have been subject to violent attacks. In recent days, some netizens have floated the idea that they should prevent certain members of the public from going to the polling stations to cast their votes, which has caused concerns about the safety of the candidates, voters as well as the staff of polling stations on the election day. Moreover, traffic is blocked in many districts, many facilities have been vandalized and roads are blocked, the traffic has not returned to normal yet. How can the Government ensure that workers of polling stations can get to the polling stations successfully on the election day and the polling stations can operate as scheduled; how can it ensure that voters can reach the polling stations safely; and how can it ensure that the candidates and their election campaign LEGISLATIVE COUNCIL ― 20 November 2019 2007 teams will not be subject to violent attacks, so as to enable the election to be held in a fair, just and safe manner. It is a question of grave public concern.

As to why I want to move this motion today, actually it is now a few days from …

PRESIDENT (in Cantonese): I understand. I now suspend the meeting in order to deal with the motion for adjournment proposed by Ms YUNG Hoi-yan.

MS YUNG HOI-YAN (in Cantonese): … yes, I hope that the President will give due consideration. Thank you.

3:39 pm

Meeting suspended.

4:09 pm

Council then resumed.

ADJOURNMENT MOTION

ADJOURNMENT MOTION UNDER RULE 16(2) OF THE RULES OF PROCEDURE

PRESIDENT (in Cantonese): Members, just now Ms YUNG Hoi-yan has proposed a motion for adjournment under Rule 16(2) of the Rules of Procedure in today's meeting, and wording of the motion is laid on the table for Members' reference.

The new term of District Council Election will be held on this Sunday. The public are gravely concerned about whether the election can be held in a fair and just manner without any hiccup. After careful consideration, I consider that 2008 LEGISLATIVE COUNCIL ― 20 November 2019

Ms YUNG Hoi-yan's adjournment motion is of urgent public importance and in neutral wording, therefore I have decided to permit Ms YUNG Hoi-yan to move the motion.

I wish to point out that under Rule 16(2) of the Rules of Procedure, public officers are not required to participate in the debate, but I have contacted the Administration and the Administration has replied that the Secretary for Constitutional and Mainland Affairs and his Undersecretary will attend this debate in order to listen and respond to Members' views.

I wish to remind Members that each Member (including the mover of the motion) may only speak once and may speak for up to 15 minutes.

Members who wish to speak please press the "Request to speak" button

I now call upon Ms YUNG Hoi-yan to speak and move the motion.

MS YUNG HOI-YAN (in Cantonese): President, I now propose a motion for adjournment under Rule 16(2) of the Rules of Procedure, and the wording of the motion has been circulated to Members via the Secretariat. I wish to thank the President for permitting me to move this motion for adjournment.

"Fair election and rejecting violence" has now become my biggest demand to the Government. The District Council Election will be held shortly, but the safety risk remains high, and it is even getting higher. Members of the public are concerned about whether Sunday's District Council Election can be held as scheduled in a fair, just and safe manner. Given the limited time available, I originally intended to raise an urgent oral question this morning, but as the issue is of urgent public importance but the question time is rather limited, I therefore decided to propose a motion for adjournment and hopefully Members may have more opportunities to let the Administration know their views. Moreover, as the election will be held a few days later, as far as the public are concerned, how the Government can ensure that the election will be held in a fair, just and safe manner is an urgent matter. I hope Members can have more time to discuss the issue. At the same time, I hope the Government will listen to Members' views and use the remaining little time to formulate effective measures in order to ensure that the election can be held in a fair, just and safe manner.

LEGISLATIVE COUNCIL ― 20 November 2019 2009

President, we are only four days away from the election day. Since commencement of the nomination of the District Council Election in October, there have been incidents where some candidates were attacked and threatened, and their offices in various districts being smashed, vandalized and even set on fire. Some candidates found posters displaying false information which intended to smear the relevant candidates and countless banners and posters of some candidates were vandalized. In recent days, some netizens have floated the idea that they should obstruct certain members of the public from going to vote at polling stations, thus it has caused concern about the safety of the candidates, voters and polling station workers. Moreover, as many transport facilities are vandalized, the Cross Harbour Tunnel in Hung Hom is still closed and many roads are blocked and traffic has not returned to normal, thus many people will question how the Government can ensure that polling station staff or voters can reach polling stations without any obstruction. Can all polling stations operate normally? Can voters cast their votes in a safe manner? Will candidates and their election campaign teams be threatened or violently attacked?

Since Secretary NIP is present in this Chamber, I wish to thank him for coming within such a short notice. The Secretary said the day before yesterday that the election would go ahead on Sunday if three prerequisites were met: First, violence and all kinds of duress should stop immediately; second, blockage of tunnels, highways and roads should cease; and third, destruction of transport facilities should halt altogether. The Secretary also pointed out that the no canvassing zones would be enlarged so as to expand the buffer zone for voters and security contractors at polling stations would be increased to minimize the risk. Last Saturday, The Chairman of the Electoral Affairs Commission ("EAC"), Mr Justice Barnabas FUNG, said in a radio interview that EAC was keeping a close watch on the current situation. EAC had formulated contingency measures and emergency plans to deal with unexpected situations and all polling station staff would stay vigilant and keep a close contact with the government departments concerned. He also urged the public to remain calm so as to ensure that the election would not be jeopardized by violence, and Hong Kong people's right to vote should not be intervened by violence or any improper act.

President, what I really want to know is whether or not the Administration has formulated any good measures to ensure that the election can be held in a fair, just and safe manner? We have heard a lot of narratives, such as that the Administration would evaluate―the Secretary told the public via the press the 2010 LEGISLATIVE COUNCIL ― 20 November 2019 day before yesterday that the Administration would assess the situation on a daily basis. But what specific assessment will be made and what scenario will the Administration consider?

According to the information of the Independent Commission Against Corruption ("ICAC"), ICAC has received 201 pursuable complaints concerning the upcoming District Council Election as at 14 November, 67 of which involved the use of force or threats against some candidates or prospective candidates running for election, a significant increase over the 9 cases received in the District Council Election in 2015. Moreover, ICAC received 151 enquiries about the District Council Election; they included corrupt conduct to bribe electors and others at elections, corrupt conduct to provide others with refreshments or entertainment at election, the definition of election expenses, corrupt conduct with respect to voting at elections and so on. Other allegations included false or misleading statements, as well as corrupt conduct to bribe electors and others at elections. We wonder if ICAC has taken no action after receiving these complaints or enquiries and will only wait for the relevant candidate who has lost the election to lodge an election petition? I consider that such an approach is rather passive. In the wake of the surge in the number of complaints, what practical and positive measures the Government will put in place to clearly inform the public what will constitute violent acts and conducts that will jeopardize a fair and just election?

President, each day we are witnessing violence and violent attacks against some candidates are not uncommon at all. This month a candidate was injured by an attacker near his election campaign booth, and Mr HO is one of the victims. The culprit used a knife to attack Mr HO at point-blank range and it was fortunate that Mr HO only sustained very minor injury. But all of these behaviours are not acceptable to our society. Under the existing laws, these are illegal acts―of course, the offender has been arrested and charged with murder or other offences. Nevertheless, would that be adequate to let the public know that they should not resort to violence?

Besides these violent acts which would actually interfere with the District Council Election, we can also see other problems cropping up in society, including the smearing campaign to discredit some candidates by means of the display of posters. I consider that these posters contain verbal violence to various extents. No origins are indicated in these posters and they are being posted everywhere in the streets, including the banners of some candidates, walls LEGISLATIVE COUNCIL ― 20 November 2019 2011 and housing estates. What countermeasures does the Administration have to address these issues and clean up these unlawful posters? Will EAC or ICAC take the initiative to investigate these cases? Should somebody lodge a complaint before the authorities follow up these cases? But if complaints are required to be lodged, then we find it virtually impossible to lodge a complaint because we do not even know who has printed these posters, then how can a complaint be lodged?

It is everyone's duty to defend our fair and just election. Just now we have talked about the issue concerning violence. On top of physical violence, there is also verbal violence. I believe that the Secretary also knows that and the President also sees that there is online propaganda inciting violence. Currently, people are proposing various intimidation tactics via LIHKG, Telegram and other platforms. Perhaps I should elaborate on these tactics to the President or the public. After all, various tactics have been cropping up incessantly in an attempt to affect the upcoming District Council Election.

The first is the operation "filial sons". It sounds nice. They are targeting elderly people in the family. That is, old people―in fact all the above tactics mentioned on the Internet are targeting elderly people. That is, if they do not want the elderly family members to vote for a candidate from a certain political camp, these "filial sons" will send the elderly people on an excursion on 24 November. Some netizens are actually advocating this operation on the Internet.

Second, some netizens suggest that people should visit residential care homes for the elderly on the election day and take away the identity cards of elderly people on the pretext of applying for government welfares, and they will only return the identity cards to elderly people after the election day in order to prevent them from casting their votes on the election day. At the same time, certain key opinion leaders have re-tweeted on Facebook about these plans which may be unlawful, and thus facilitate the spread of such ideas on the Internet.

Do these constitute the acts of allegedly abetting people to obstruct other people from casting their votes? It is illegal to take away other people's identity cards, can they really do that? What measures will the Secretary put in place upon learning such plans? Will he tell the public that they should not attempt to do it, because if members of the public do it, they will break the law, it is illegal 2012 LEGISLATIVE COUNCIL ― 20 November 2019 and they have to bear certain consequences? We have not seen any positive responses, measures or countermeasures made by the Administration to curb or prevent all these rumours on the Internet and to minimize their occurrence.

Apart from the above two approaches, some people also suggested that they should work in teams and each team should consist of 10 people to guard the entrances and exits of residential care homes for the elderly, so that they can prevent elderly people from going to polling stations to cast their votes. They also suggested dialling 1823 and reporting that some elderly people are suspected to have gone missing or have been taken away from the residential care homes. They even suggested threating elderly people in residential care homes that they may be sent to jail if they cast their votes; or cheating elderly people that their electors' status have been revoked therefore they cannot cast their votes; or spreading rumours on the Internet that the District Council Election has already been cancelled, thus everybody needs not go to polling stations to cast their votes; or spreading rumours that the Government cancelled the election day a long time ago, and asking elderly people "didn't you know that?". If the Administration is aware of these online incitements or rumours, what countermeasures can be taken? Are these measures effective?

Although the Secretary has openly announced measures that the Government would take, we still consider that they are not strong enough and the Government's follow-up actions are lagging behind the speed of the spread of such false information and rumours. At present, online discussions are not limited to violent actions such as roads blockage. The circulation of online discussion topics is so fast that we need to keep a close watch to grasp the latest development. However, what action will the Government take upon obtaining the information, with a view to telling the public not to do these things?

Just now I have mentioned one of these approaches and that is, if someone spreads the rumour that the District Council Election has been cancelled, what channel will the Government use to inform the public of the truth and to rectify the misinformation? That is, should it announce to the public that the election has not been cancelled, or should it inform the public that the election will be held as scheduled, and when the polling hours will end and the polling stations for the voters have not been changed? Will the Government adopt such measures to inform the public, or to tell each voter the correct location of the polling stations or there is no change at all?

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As far as I know, there are changes concerning some polling stations, that is, some have been relocated to other venues. Will the Administration inform the relevant electors that their polling stations have been relocated to other places; and when the polling hours will start and end, therefore voters should not go to the wrong polling stations? Has the Government reminded the public of these? Are elderly people aware of these? Should we adhere to the current practice of sending poll cards to the public by post?

A few days ago, Secretary NIP said that some people would resort to all means to obstruct voters from voting, but he just mentioned that lightly and asked these people to stop, saying that any person who tried to affect an election committed an offence, which was punishable by a $500,000 fine and a 7 year jail sentence. However, is it adequate to simply urge people to stop? We have been urging rioters to stop, but do they care? They do not care what you say, no matter how harsh is the penalty; they do not care. Nevertheless, besides the penalty, what measures can be taken to stop these actions? What positive measures can be taken to prevent such acts?

President, I wish to take this opportunity to remind the public that it is an offence for any person to use duress to obstruct voters from going to polling stations, and it is also an offence for any person to destroy ballot papers or tamper with ballot boxes. However, has the Secretary or the Administration told the public what measures have been taken to protect polling stations, polling boxes, ballot papers, voting preference of voters, and can a fair and just election be held? We really hope that the Secretary will explain to us in this Chamber.

Fair election and rejecting violence. I hope that we can rebuild Hong Kong and our future. President, I so submit.

PRESIDENT (in Cantonese): I now propose the question to you and that is: That the adjournment motion moved by Ms YUNG Hoi-yan be passed.

Secretary for Constitutional and Mainland Affairs, do you wish to speak?

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SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): President, first of all, I would like to thank Ms YUNG Hoi-yan for proposing this motion of adjournment, so that we can have a chance to discuss how the forthcoming District Council Election can be conducted in a fair, just and safe manner. Alongside my colleagues, I will listen carefully to Members' views in this regard. In my speech, I will first focus on explaining the Government's position and views. The 2019 District Council Ordinary Election, to be held on 24 November, will return 452 members for the sixth-term District Councils. A total of 1 090 nominations have been decided as valid in the upcoming election, and there are more than one candidate running in each and every district throughout the territory.

The election is now just four days away. The Government's position is very clear. We will try our very best to enable the election to be held smoothly and as scheduled, as the voting right of the 4.13 million registered electors is very important. All electors hope to exercise their right to vote and choose their district representatives.

Echoing Ms YUNG's comments made a moment ago, we also hope to realize a "fair election, rejecting violence". This is our common goal. The District Council Ordinary Election, held once every four years, takes a huge amount of human and other resources to organize: from preparation to holding the polling day eventually. The tasks concerned, interrelated in nature, include setting up more than 610 polling stations and organizing the participation by a polling staff of 20 000 people. In the last few months, both the Government and the independent statutory organization responsible for supervising this election, the Electoral Affairs Commission ("EAC"), have been devoting all their efforts to prepare for this election, with a view to conducting it in a peaceful, safe and fair manner. Yet, we all know that this District Council Election is now facing an unprecedentedly serious challenge. In the last few months, incidents of violence happened in the community, for instance, several election candidates were attacked and threatened, offices were vandalized, publicity materials or banners were damaged during the electioneering period. The Government strongly condemns these acts of violence. And any acts which threaten or assault election candidates and their supporters or damage publicity materials are illegal. According to the Elections (Corrupt and Illegal Conduct) Ordinance, a person who engages in corrupt and illegal conduct at an election incurs criminal liability and is liable to a maximum penalty of a $500,000 fine and 7-year imprisonment. If a relevant situation comes up, candidates and electors should immediately LEGISLATIVE COUNCIL ― 20 November 2019 2015 notify law enforcement agencies, which will pursue the cases concerned in a solemn manner. I also noted today the Independent Commission Against Corruption gave details of the complaints received and specified acts which fell within the criminal net, in a bid to give a heads-up to the people concerned. Meanwhile, a petition mechanism is put in place in District Council Election. According to sections 49 and 50 of the District Councils Ordinance, any candidates or 10 electors in the relevant constituency may lodge a petition to the court and question the validity of election result, should they find unfairness generally prevalent in the election process or result.

As I have said earlier, we saw the continued escalation of violent attacks in Hong Kong during the recent period, and especially on the previous Saturday and Sunday. Rioters used lethal weapons to attack police officers, set fire recklessly, blocked tunnels and roads illegally, vandalized railway facilities, paralysed traffic in Hong Kong in a serious way, and thus severely affecting the lives of all the people. The SAR Government is determined to curb violence, safeguard the rule of law and restore social order as soon as possible.

The recent acts of violence had definitely rendered us more challenges in the preparation for the election, and the situation is worrying. We spare no efforts to ensure this election will be conducted safely and smoothly. Hence, the departments concerned and EAC have earlier begun working on various preliminaries. The Government has convened several interdepartmental meetings to prepare for the election; contingency plan has also been drawn in accordance with the law.

The authorities have set up the Crisis Management Committee as part of their election contingency mechanism. The Committee is responsible for advising EAC and closely monitoring the election process throughout the polling day. On the polling day, several major tasks must be done; otherwise, this election will not be conducted smoothly. These include:

(a) ensuring that the more than 20 000-member polling staff can come to their assigned polling stations from different areas on time, so that polling stations can start operating from 7:30 am punctually;

(b) ensuring that candidates, members of their electioneering teams and all electors can conduct electioneering activities and vote without fear or threat; and

2016 LEGISLATIVE COUNCIL ― 20 November 2019

(c) ensuring that the more than 600 polling stations will not be disrupted or damaged in malice, and thus adversely affecting the conduct of the election.

To these ends, we have devised various measures on several fronts. They include:

(a) enlarging the no-canvassing zones and the no staying zones, like what has been proposed by Ms YUNG. Hence, electors going to cast their votes will be given a larger buffer for protection against nuisances;

(b) getting ourselves prepared on the security front, including sending police officers, people from the Civil Aid Service and security officers recruited from outside to polling stations, for tackling possible security risks; and

(c) setting up a quick response team under the Fire Services Department to extinguish fire and tackle other problems that may come up in polling stations, in a bid to prepare for all eventualities.

I am not going to give a detailed account of the relevant arrangements and preparations here. On the whole, security protections at polling stations and on the polling day are of utmost importance. We certainly would like the election to take place smoothly and safely but we must also properly draw up contingency plan for conditions of extremity.

Under existing legislation, in other words the relevant provisions in the District Councils Ordinance, if the authorities (including the Chief Executive, EAC and Presiding Officers) find the ordinary election, the polling or counting of votes is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any danger to public health or safety, they may direct the postponement of that ordinary election, the polling or counting of votes. However, we will only postpone the election throughout the entire territory or at individual polling stations when strictly necessary and when no other alternative is available. Postponing an election is a highly difficult decision to make. As I have said, we will adopt this measure according to law only when absolutely necessary. However, the election should certainly not be conducted under LEGISLATIVE COUNCIL ― 20 November 2019 2017 threats of violence on the polling day. In this connection, the Government and all community sectors must carry out their respective area of work properly. If violent protesters do not stop using violence, chances for the election to be held in a safe and orderly manner will definitely be affected.

As I have said earlier, we must take into account the practical operation and three relevant safety measures before deciding if the election can be held on 24 November as scheduled:

First, violence and all kinds of duress must be stopped immediately;

Second, tunnels, highways and roads should cease to be blocked; and

Third, destruction to transport facilities should halt altogether to prevent paralysing the traffic. A polling staff comprising more than 20 000 persons must reach and start working in the relevant polling stations punctually on the polling day. If the above incidents of violence happen, it will directly affect polling work.

We are now closely monitoring the development of the situation and appraising the risk every day, so as to decide if it is necessary to exercise the statutory power to postpone the election. It remains our goal to let the election be held smoothly on the day and we will exhaust all our efforts so as to achieve it. The Government will definitely carry out all the relevant work properly. For instance, I have talked, on several different occasions and press conferences previously, about the consequences in case the election could not be held on schedule and the situation facing us at the moment.

With regard to certain views or misleading comments arising online, I have made clarifications via various channels. We will also step up the work in this respect and let the relevant information reach the electors more clearly.

Given that we would like the election to be held on schedule, I now urge once again people of different backgrounds, political affiliations and opinions in the community to clearly say no to violence and refrain from conniving at acts of violence. This District Council Election is an important platform on which more than 4 million electors are going to express their views with their votes and to elect their representatives. I believe all electors throughout the territory will 2018 LEGISLATIVE COUNCIL ― 20 November 2019 treasure this platform and I hope all of us will contribute our efforts in creating a safe and fair environment under which the election can take place as scheduled. My colleagues and I will listen carefully to your views before giving a reply.

President, I so submit.

PRESIDENT (in Cantonese): I now suspend the meeting until 5:15 pm.

4:37 pm

Meeting suspended.

5:15 pm

Council then resumed.

PRESIDENT (in Cantonese): Ms Alice MAK, please speak.

MS ALICE MAK (in Cantonese): President, the short break just now has come to the timely rescue of Secretary Patrick NIP. After listening to his speech, I was honestly agitated. If I were to speak right after him, I would have reproached him very severely. Now that the break has come to an end, another official is present in place of him. Even though I cannot vent my anger at him, I must still get it off my chest.

President, I was an appointed member of the former District Board ("DB") back in 1993, and I became an elected DB member in 1994. I stood for the DB Election in 1994, and also in the District Council ("DC") Elections in 1999, 2003, 2007, 2011 and 2015. This year is 2019. Upon counting, this is the seventh time I have stood for DB and DC Elections. I faced competition in each of these elections, except the one in 2015, where I was elected uncontested. President, I wish to tell you that the competition I face in this election has been the most fierce of all over the past 20 years or so.

LEGISLATIVE COUNCIL ― 20 November 2019 2019

In 1994, I was still very young. I find that despite a lack of resources back then, my classmates and I did not face as much difficulty in electioneering as I do now. I say that the process is difficult not so much because of fierce contest, but because of the unfairness involved. Difficulty or hardship is not fearful to us. But our opponents have nonetheless resorted to dirty tricks. This is very unfair. In such a divided and polarized society, people may become easily agitated. Many people may want to let off or vent their emotions on the streets as they cannot hold them back anymore. We can show compassionate understanding to this, and this is perfectly understandable to us. But unfairness in the election process is downright unacceptable to us.

Let me talk about my case as an example. On 4 October, the very first day of accepting nominations for the DC Election, I already signed up as a candidate. But my office was already intruded the same night, and the metal gate, glass panels, photocopiers and also computers were all damaged. As a result, we could not commence any electioneering. Has the Government shown any concern about all this? The Government can ask other candidates apart from me. The offices of nearly all candidates from the Hong Kong Federation of Trade Unions ("FTU") were turned into ruin and vandalized the same night after they had signed up for the election in the morning. For instance, their offices were set on fire or stormed, and the computers inside were damaged. Members can look at the case of Mr Holden CHOW. How many times has he been harassed ever since he signed up for the election? How many times has his office been vandalized? Have the Electoral Affairs Commission ("EAC") and the Government ever dealt with any such cases involving unfairness? Have they ever squarely addressed the safety of our candidates and also the unfair treatment to them?

Not only our offices have been turned into ruin, but our banners have also been damaged. While ordinary people may not know, those who have stood in elections should know that an election expenses limit is designated for each election. In the case of this DC Election, the limit is set at some $60,000. For this reason, we must compute very carefully the quantities of leaflets that we intend to distribute from door to door in buildings and also on the streets, together with the numbers of posters and banners, and then draw up a printing cost estimate to avoid overrunning the limit. In case of an overrun, we can be barred from assuming office as DC members despite our election success. But our 20 banners displayed on the streets have all been damaged. On the first night, we found that 16 banners had been damaged. But in a chat with me afterwards, my 2020 LEGISLATIVE COUNCIL ― 20 November 2019 colleagues told me that all my 20 banners had been damaged. Initially, only the plastic straps on my banners were severed. But what we discovered the next day was even more "interesting", in the sense that our "heads" on the banners were all cut away. They really had so much free time. TAM Mei-po is one of our DC members from the Choi Wan West constituency. Her "head" on all the posters and banners were cut away. As a result, she was unable to conduct her electioneering campaign.

Some may wonder if we can replace the damaged publicity materials with new ones. No, we cannot, because the relevant publicity materials are not those we use in usual days. And, mind you, there is an election expenses limit. We have asked EAC to deal with such instances because they involve unfair treatment. As some local residents have told me, they simply do not know I am a candidate in the DC Election if I do not set up any street counters for electioneering purpose. They say so because they can only see my opponent's publicity materials on the streets. As they cannot see any of my publicity materials, they think that I will not stand in the election this year. The absence of my publicity materials on the streets is already tantamount to unfairness.

Has EAC ever shown any concern about the unfair treatment faced by us? Those shop owners and minibus operators who were willing to display my election posters in the past 20 years do not dare do so now due to their fear for possible―to put it mildly―"renovation", namely criminal damage, a criminal act. Those shops that display posters of pro-establishment candidates can naturally expect criminal damage to their shops. Besides me, all pro-establishment candidates invariably face the same situation. A local resident once relayed to me what he had said to my opponent: "You are really a people person, as your publicity materials have not been damaged. You see, those of Ms Alice MAK have all been damaged." Even ordinary people can notice the damage to the publicity materials of all pro-establishment candidates.

If our publicity materials have been damaged, we can only show up in person at street counters for electioneering purpose. But we have been harassed, nonetheless. As I said just now, amidst serious social dissension, I can naturally understand why people all hasten to point their fingers at those with dissenting political views upon seeing them at their electioneering campaigns on the streets. But these days, the harassment of our candidates is not simply confined to reprimands. We were once besieged by people and asked to speak with their microphones under video-recording. It is not true to say that our candidates hate LEGISLATIVE COUNCIL ― 20 November 2019 2021 to take questions from people, or that they have fear for audio- or video-recording. All such acts will instead hinder them in getting in touch with their voters through the setting up of street counters and result in unfairness. Why does EAC refuse to say anything about the harassment faced by our candidates in the course of electioneering? Why does the Registration and Electoral Office ("REO") refuse to deal with it?

As they will upload the video footages onto the Internet afterwards, REO is definitely able to track down who the culprits are. They know full well who have besieged our candidates, and also who have obstructed their electioneering. But why should they refuse to deal with all this? The various forms of hindrance to the electioneering campaigns of our candidates are tantamount to very unfair treatment. One of our candidates even had to spend a solid one hour on entertaining those who besieged him, those who harassed him, and also those who videotaped his demeanor and words, with the result that he was stripped of a fair opportunity to truly get in touch with his voters. Nevertheless, the Government refuses to deal with all such instances, and it has merely heed our complaints without any follow-up.

Moreover, all candidates have faced an unprecedented … I have stood for many elections over the past 20 years or so, but I have never seen any life threat to candidates. Besides the encounters of Mr Junius HO, another candidate also became the target of a petrol bomb attack at his election counter in Tuen Mun last week. But fortunately, he managed to escape the attack. Besides, the personal data of all candidates (including their addresses)―what the Government has done is honestly unnecessary―have been made public and revealed. In the case of an FTU candidate in this DC Election, his family particulars have been disclosed, and his siblings and even his two brothers-in-law have been subjected to doxxing. Has the Government ever taken any action to ensure the safety of candidates?

Some may question that all such acts have nothing to do with the election, while arguing that all is due to difference in political views. I do not agree. Their acts are due not only to difference in political views. Their actual purpose is to terrify pro-establishment candidates and deter them from appearing in public and persisting in their electioneering. As far as we are aware, some people were so terrified that they did not even dare to sign up for the election. This shows that their tactics have won. Their acts are precisely tantamount to interference with the election, rather than vandalism, intimidation, criminal intimidation or criminal damage as we have usually seen. They are interfering with the election with their acts. But, has the Government ever shown any concern about all this?

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But some have questioned that the pro-establishment camp keeps talking about all this every day for the mere purpose of forcing the Government to cancel the DC Election because we are afraid of defeat. But I wish to tell everybody that we are honestly dauntless. All pro-establishment candidates with whom I have got in touch are honestly dauntless. Frankly speaking, one must face competition if one stands for any election. This explains why we have all remained dauntless. We will accept the result, be it victory or defeat, and we even hope that the election can be conducted as early as possible. As I often say, nobody can be a DC member forever, and all will be fine as long as there is fair competition. But now, we are even ripped of any opportunity for fair competition. Can the Government ensure the fair, just and safe conduct of the election to avert the risk of intimidation or threat to pro-establishment candidates as I asserted just now?

EAC is also nowhere to be found. May I know the whereabouts of EAC? Apart from holding the briefing session that day, EAC is nowhere to be found now. We know that the EAC Chairman is a judge. But where are all its other members now? Frankly speaking, apart from EAC, other community figures of high standing likewise have been nowhere to be found. In times of social stability and peace, they will all hasten to accept the Government's appointment to office as chairmen of university councils, EAC or other organizations. But in times of social turbulence, they have all stayed aloof, while hoping that they will not be dragged into all this, and that their names will not come to people's mind no matter what. Such community figures of high standing really have much "commitment" to society. At this moment, such elites only hope deep down their heart that people will not think of them, and it will be best if they can remain invisible to them. Even social elites have so much "commitment". How can we possibly avert chaos in Hong Kong?

President, let me return to talk about the Chairman and members of EAC. Over the past few months, I have already kept talking about the instances I mentioned a moment ago. But what have they done? I have only heard a speech given by the EAC Chairman in an audio-recording for a radio programme last week―I now know how his voice sounds―and I could hear something from him at long last. His speech is merely a statement of no practical use, and he issued such a disappointing statement only after the disturbance and storming of the briefing session. That is all. Has the Government ever dealt with all the problems I mentioned just now? Has the Government tried to do anything to ensure the fair conduct of the election?

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Furthermore, the Secretary's speech also sounds infuriating to me. He asserted that they would "try their very best". May I ask whether the Government has really exhausted all possible means? Has the Government tried its very best? Does "trying its very best" in the words of the Government only mean the tendering of a public explanation that the election will be cancelled if the three factors cannot be fulfilled? Is this what "trying its very best" in the Government's words all about? Have other government departments done anything? Is the Government aware of the slanders on our candidates through the frequent spray-painting of their names on the wall or ground? What are we supposed to do then? Can other government departments remove the spray-painting at once? In the end, they only put this aside for many days, and we can only keep complaining to various departments as the slanders on us remain. But the government departments concerned have failed to deal with this all the same.

Just now, Ms YUNG Hoi-yan talked about the online appeal to people to hide or cut apart the identity cards of their family members. This is an obvious hindrance to voting, a criminal act as well. Why should the authorities refuse to deal with this? Just now, the Secretary argued that they had taken the initiative to bust rumours. But the point is that the authorities have tried to bust rumours only after they have been circulated for nine years and have succeeded in brainwashing people. What is the point of offering any clarification now? They should have done so long ago!

The four words "trying its very best" uttered by the Government honestly sounds agitating to us. The reason why I say so is that as we can see, the Government still dares to tell Members that it has already "tried its very best" despite its inaction over the past few months. President, let me reiterate one point. Our earnest hope is that the Government can really "try its very best" as it has asserted in the remaining few days leading up to the election. Not only EAC but also REO and various government departments should join hands in ascertaining which laws of Hong Kong can be applied to ensure the fair conduct of the election.

Finally, I wish to say a few words to Hong Kong people. Now, we have been stripped of the freedom to go to work and to school. We have also been stripped of the freedom to go out, to take photos―I say so because one may become the victim of vigilantism anytime if one tries to take a photo with one's smart phone―and also to speak. A local resident has told me about his real-life encounter: One day, no sooner had he uttered the mere words "You people are 2024 LEGISLATIVE COUNCIL ― 20 November 2019 blocking my way" upon seeing the formation of a human chain just outside a railway station when he was on his way out then someone tapped him on the shoulder and asked him in a somewhat intimidating tone, "What did you just say?"

While we have lost our freedom to go to school, to work, to go out, to speak and to take photos, we still have one freedom, the freedom to vote. My appeal to people is that we must remain dauntless and save ourselves with our votes. We do not want to see persistent turbulence in Hong Kong, and still less can we bear it anymore. People must tell the local community and even the international community with our votes that Hong Kong people do not want to see the persistence of turbulence in Hong Kong. So, I urge people to cast their votes. The Government is also duty-bound to ensure the fair, just and safe conduct of the election to the best of its ability, so as to enable all candidates, agents and voters to exercise their right to vote without any fear.

Dear members of the public, we should save ourselves with our votes, and we must come forward to cast our votes.

Thank you, President.

PRESIDENT (in Cantonese): I wish to remind Members that the District Council Election is fast-approaching.

In order to avoid any adverse impact on the fair conduct of the election, Members' speeches should not disseminate any messages that may be deemed as promoting or prejudicing the election of any candidates, or any messages to that effect.

Members should note the following points when speaking. Members should refrain from expressing categorical or implicit support or otherwise for a certain candidate; commenting on the merits or demerits of any individual candidates; commenting on any unsubstantiated reporting or hearsays that may promote or prejudice the election of any candidates; or displaying anything that may achieve the aforesaid effects.

If any Member pays no heed to my reminder, I will order the Member to stop speaking.

LEGISLATIVE COUNCIL ― 20 November 2019 2025

MR KENNETH LAU (in Cantonese): President, the turmoil arising from the opposition to the amendment of the Fugitive Offenders Ordinance has spanned over five months by now. The week that has just passed shows that the turbulence in society has not yet dissipated, and not only so, the level of violence has been ever-increasing.

In Ma On Shan, a person suffered severe burns to as much as 50% of his skin as he was doused with a flammable fluid and set on fire by rioters. In Sheung Shui, a 70-year-old outsourced cleaning worker under the Food and Environmental Hygiene Department died after being hit by a brick on the head with bleeding injuries. Apart from inflicting injuries on innocent people, those rioters even attempted to paralyse the operation of Hong Kong society by massive road blockade and also vandalizing MTR facilities. As a result, transport connection within the territory was paralysed. There was serious disruption to MTR services, with the suspension of all train services on the East Rail Line at one point and also serious hindrance to the services of the West Rail Line and also the Light Rail. Besides, all lanes on Tolo Highway remained closed for a few consecutive days. And, due to severe damage to the Kowloon exit and entrance of the Cross Harbour Tunnel and also to the monitoring systems in its administration building, including the ventilation, fire services and also signalling systems, the tunnel cannot be reopened even today.

President, I mention again the social unrest in Hong Kong last week because I want Members to understand clearly that the Hong Kong community has been thrown into unprecedented chaos with an extremely unstable social atmosphere. The upcoming Sunday is the day for electing the new-term District Council ("DC"). Many people are naturally very eager to cast their votes. But they are concerned whether they can go out safely to polling stations and cast their votes without any hindrance or intimidation. Besides, election candidates and their agents will definitely canvass votes in various housing estates, buildings and communities that day. How can they ensure their own personal safety? Will they come under intimidation, assault or even gang attack? As for the staff at polling stations, will they be able to make their way to their designated polling stations on the scheduled date on time to carry out their duties amidst road blockade in various districts and the ensuing inconvenient transport connection? All this has remained doubtful in people's heart.

President, the number of registered voters in this DC Election reaches as many as 4 130 000, an increase over the figure of 1 010 000 in the 2015 DC Election and also that of 210 000 in 2018. Totally 452 seats will be returned in 2026 LEGISLATIVE COUNCIL ― 20 November 2019 the DC Election this year involving as many as 1 090 contestants. As an election will be held for each constituency, meaning to say that no candidate can win an election uncontested, competition naturally will be very fierce. I believe the 4.13 million voters are all very eager to cast their votes for those district representatives who can truly represent them. Nevertheless, it looks like the Government has failed to offer people with any specific information on its measures for ensuring the fair, just and smooth conduct of the election and in turn dispel people's concern. Over the past period of time, in particular, a candidate has been attacked by a knifeman, and some groups have been booed and reprimanded in the course of canvassing votes in communities. People are frightened and terrified. Those who assist in canvassing are terrified by the likelihood of assault, while those who want to cast their votes are frightened at the thought of chaos.

Most polling station venues are borrowed from schools, community halls and club houses of housing estates. Some of the stations are even located at the centre of communities. What should people, staff members and agents do in case people gather outside polling stations? That day, over 20 000 staff members need to work at polling stations. How can they make their way to their designated polling stations in case of road blockade? Has the Government formulated any clear guidelines as advice to them on all such scenarios?

The day before yesterday, Mr FUNG, Chairman of the Electoral Affairs Commission, asserted that the Government was entitled to postpone the election if incidents jeopardizing public safety occurred in any individual constituencies that day. For this reason, he urged that the general public should call a halt to the use of violence, while stressing that people should make concerted efforts to safeguard our election culture marked by fairness, openness and integrity. I strongly agree to this. But I wonder how people can cast their votes if they are even unable to go out due to persistent violent protests, road blockade and vandalism in society. Therefore, I urge that all Hong Kong people must sever ties with violence and condemn those rioters. And, the SAR Government and the Police Force must sternly enforce the law within the next few days to bring those rioters to justice, so as to restore long-lost peace to the community and return a fair, just and open election to us.

President, the DC Election to be held on 24 November bears huge significance to the situation of our society in the days to come and also to the future of the 8 million people of Hong Kong. Therefore, on behalf of the Heung LEGISLATIVE COUNCIL ― 20 November 2019 2027

Yee Kuk New Territories, I express my earnest hope for the smooth and orderly conduct of the election as scheduled. As the slogan goes, "Your one vote may help to stop disorder". Let us use our votes to say "No" to violence; let us use our votes to show support for constructive forces; and let us use our votes to convey the thoughts of the overwhelming majority of Hong Kong people and their strong desire for restoring law and order to society as soon as possible.

President, I so submit.

MR TONY TSE (in Cantonese): President, this Sunday will be the polling day of the quadrennial District Council ("DC") General Election. I am not running in this election, so I agreed to be an officiating guest of an event which would take place that very day. But a few days ago, I was informed by the event organizer that it would postpone the event, considering participants' safety and traffic condition.

Planned as early as a year ago, the event has nothing to do with election or politics at all, but still, it has to be postponed. This shows that many people truly feel grave concern for the polling day of DC Election on Sunday, 24 November. They fear that there may be recurrence of large-scale illegal violent activities in various districts across Hong Kong; blocking of numerous roads and tunnels with bus and MTR train services being disrupted again that day; and vandalism and petrol bomb attacks against poll stations by black-clad masked rioters. They also fear that when they exercise their civil right to vote, they will be subjected to vigilantism and group beatings, and even be doused in a flammable liquid and then set alight.

Having experienced five months of ever-escalating unlawful riots, especially incidents of frantic road-blocking, vandalism and occupation of university campuses in the past week or so, we all know that those fears are not alarmist or groundless. Nor are they sheer imaginations. Instead, they are possible situations which may actually arise.

While there are around 30 000-odd police officers in Hong Kong, there will be a total of 600-odd polling stations in different districts on the day of election. Even if all police officers are deployed to the polling stations and work on a 30-hour shift, each polling station will only be assigned with about 50 police officers on average. Also, it is a well-known fact that not everyone in the some 2028 LEGISLATIVE COUNCIL ― 20 November 2019

30 000-strong Police Force is capable of performing anti-riot duties. Among them, some are clerical staff and some, despite being uniformed police officers, have not received anti-riot training.

In fact, it is impossible to deploy all police officers to the polling stations. If the incident at The Hong Kong Polytechnic University cannot be resolved within these few days, it may then be necessary to deploy a few hundred or more anti-riot police officers there to work on shifts. At the same time, the Police still have to maintain the regular services of the police stations, deal with other crimes, answer 999 calls, etc. If there are blocking of roads and tunnels, arson attacks and vandalism against shops everywhere on that day, will the Police have enough manpower to keep order in all the polling stations as well as various districts across Hong Kong? This is something that the Government should consider and, I believe, all of us have got the answer in mind. I just wonder if the Secretary will talk about what effective measures will be put in place in response to that later. Will it really be feasible to rely solely on the Civil Aid Service and private security company for assistance?

Some people alleged that certain political parties and groupings were trying to find excuses to demand postponement or even cancellation of the election because they are worried that the election situation is unfavourable to them. But, as far as I know, the persons concerned are eager to have the election held on the scheduled date. They are merely worried about possible occurrence of illegal violent incidents during the election, and the personal safety of themselves, their electioneering teams, their supporters, and the staff at polling stations. Also, they are also anxious whether the election can be held in a fair, impartial, safe and peaceful environment.

As everyone can see, in the many recent processions and demonstrations against the proposed legislative amendments, some masked rioters have targeted their attacks at certain political parties and their election candidates, deliberately damaging their election publicity materials, and causing disturbance, damage and even fire to their district offices. All these have alarmed and scared the relevant candidates and their electioneering teams as well as their supporters, making them unable to carry out their normal electioneering campaigns and community work in their districts.

For the sake of fairness, the authorities require that housing estates and shops willing to put up publicity posters of an election candidate must give equal opportunities to all election candidates in the district to do the same. However, I noticed that in the districts around where I live, most shops only put up the LEGISLATIVE COUNCIL ― 20 November 2019 2029 publicity posters of candidates from the opposition camp. As learnt, the reason is that whenever they put up posters of some candidates unendorsed by the opposition camp, the posters will always be torn away in an instant. What is more, they are worried that their shops would be disturbed, trashed or even set ablaze if they put up posters of those candidates. So, they ended up having only one choice: either to display nothing or to put up the posters of candidates from the opposition camp only.

In response to the issues concerned, what has the Registration and Electoral Office done? As I noted in the promotional videos and posters, the Government has merely made a simple appeal to the public to come out to cast their votes and to stay away from election bribery. Nothing, however, has been mentioned about the issues of election violence and fairness in publicity. This indicates that the Government is so detached from reality that it is like a government in a parallel universe.

President, worse still, some electioneering teams were mobbed and even beaten up by groups of people, while some candidates who were working at their street booths were pelted with petrol bombs which fortunately missed. Actually, a Member of this Council was stabbed in his body during his publicity and canvassing activities, and needed to have an operation and stay in the hospital for two days. This is not just election violence but downright attempted murder.

Under such circumstances, even if we managed to hold the election this Sunday, would it still be fair and impartial, considering the likelihood that a number of candidates will not be able to properly conduct their normal publicity and canvassing activities; that many voters will not dare to go to the polling stations to vote out of traffic or safety considerations, or fear of doxxing, intimidations or vigilante attacks; and that some elderly people may have their identity cards hid away by their offspring who try to stop them from voting?

Some civil servants who will serve as polling station staff told me that there is greater danger in the processes of ballot counting and result announcement as compared with the voting process. If the election results are considered to be unacceptable by the rioters, will some masked rioters besiege the polling stations, stopping them from leaving or even charging into the stations to torch all the ballots? Will the rioters subsequently doxx their personal information on the Internet, thus subjecting them to daily nuisance calls and emails and their children to bullying? While Hong Kong people's right to stand for election, right to be elected, and right to vote should be protected by the Basic Law, there seems to be a sudden disappearance of other human rights and 2030 LEGISLATIVE COUNCIL ― 20 November 2019 freedoms (including freedom of speech, freedom of travel, business freedom, and private property right) which are equally guaranteed under the Basic Law. In view of such situation, what has been or will be done by the Government to safeguard these basic human rights and freedoms of Hong Kong people? Talking about the rule of law, human rights, democracy and freedom all the time, has the opposition camp ever come forth to say something about the unlawful violence against dissenters and the anti-democracy acts? Have they ever condemned these acts?

The governments, parliaments or human rights organizations of some Western countries will occasionally send delegates to other countries or regions to observe the process of their elections and then comment on the fairness of the elections concerned. Will these overseas delegates come to Hong Kong to experience first-hand our present situation and observe these so-called protesters who are masked? Please see for themselves whether these people are genuine fighters for freedoms and democracy who express their views peacefully, or simply reckless lawbreakers who try to defend their own freedom and deprive the right to vote and the right to speak from people holding different political views or disapproving certain violent acts done by them.

President, the Government and the Electoral Affairs Commission have jointly set up a Crisis Management Committee comprising representatives across various departments to take charge of assessing and coping with emergencies which may arise during the election on Sunday. I hope the relevant departments can make coordinated efforts to fully apply their respective expertise rather than working on their own and avoiding difficulties. Also, they should not rely solely on the Registration and Electoral Office and the Police. It is only in this way that the election may remain fair and impartial, and all voters, candidates and electioneering teams can be spared the threat of election violence, feeling safe and at ease while casting their votes or canvassing for votes.

President, finally, I wish to call on all registered voters in Hong Kong to come out to cast their votes on Sunday, i.e. 24 November. Never yield to violence. Never yield to unlawful actions. Never yield to the masked, black-clad rioters. During the polls, if you encounter or witness any act which is unlawful, violent and in contrary to electoral fairness and impartiality, you must report it to the Police for assistance. Do not keep silent about it.

President, I so submit.

LEGISLATIVE COUNCIL ― 20 November 2019 2031

MR LEUNG CHE-CHEUNG (in Cantonese): President, The adjournment motion moved by Ms YUNG Hoi-yan's today is timely, because this Sunday, 24 November, is the polling day of the District Council ("DC") Election, which is a long-awaited and important one for the people of Hong Kong. However, the recent escalation of violence has indeed evoked varied reflections in the minds of many. No matter who the perpetrators or victims of violence are, the fact is that different candidates are among those under attack. Some colleagues have earlier pointed out that not only were there physical assaults, but some DC members were even stabbed, gang-beaten or battered on public occasions―just today, a candidate in Tin Shui Wai was besieged and beaten by more than 10 secondary school students. Strangely, violence is becoming more prevalent among young people now. Why? As we all see, the reason is certainly that violence spreads in a top-down manner, creating an impression of being very common. "Assault is not a crime as long as you get away with it." Some people who entered the university campus are now astonished to find themselves charged with the offence of riot. It turns out that this is how they interpret violence.

Therefore, violence in Hong Kong is growing in both prevalence and intensity, but many people―Mr Tony TSE has pointed out earlier that none of the pan-democratic Members are present for discussion today. Usually they have a lot to say, but today, all of a sudden, they are gone―they insist on not severing ties with violence, and even use their body language to encourage more people to use violence. The messages of violence have spread to such an increasingly young age level that even secondary school students besiege and beat the candidates. It is no big deal to have political differences, but they should not use force. If they do, this will be a world for beasts, not one for humans, because violence is used to prey on the weak in the world of beasts.

Will it be so peaceful on 24 November that there is a truly safe environment for members of the public to fulfil their civic responsibility by casting a vote? If it is possible, I believe we will draw a very important conclusion that Hong Kong needs peace. This vote must be cast for a pro-establishment, socially constructive candidate.

Over the past period of time, has the Government been really able to play an important role in political disputes? Many honourable colleagues have also pointed out, but I have to repeat once more, that many hapless pro-establishment Members, including DC members and Legislative Council Members, had their offices smashed, burnt and flooded by rioters. My three offices in Tin Shui Wai were flooded and then burnt and ransacked, but after we reported the cases, the 2032 LEGISLATIVE COUNCIL ― 20 November 2019

Police had no manpower to conduct investigation for us. Look how aggressive they are!

Apart from mine, other pro-establishment Members' offices were also vandalized. I do not believe that such instances of vandalism will affect the election, nor do I believe that they will affect the election outcome. At present, some people think that as long as their face is covered, they can vandalize anything and even get away with criminal damage while the Police can do nothing about it. Such behaviour reflects the fact that people nowadays have evolved, notably led by rioters, into a force for political revenge, seeking to bring down political opponents and subject them to immense psychological pressure. Fortunately, however, many residents in the neighbourhood came to enquire after us, asking: "Is there any problem?" and "Are you alright?" They care about us. This also means that the people of Hong Kong will not yield to any violence. Therefore, as I said earlier, I believe that the outcome of this Sunday's poll will reflect the public's continuous support for the constructive forces.

Nearly 100 offices of the Democratic Alliance for the Betterment and Progress of Hong Kong have recently been vandalized, burnt, flooded and smashed. Quite a number of candidates were verbally abused when they set up street booths, and even gang-beaten by tens of people who did not let them campaign. No sooner had our banners and posters been posted in the streets than they all disappeared. And most horrendously, the volunteers at street booths were also intimidated. What has society come to? Not only volunteers, but even residents in the neighbourhood who support us are worried about their personal safety. Once they express their support directly to you, they will be afraid of being beaten up by someone behind them. A close circuit television camera of mine once captured an old woman being unjustifiably beaten by a masked young man who tried to stop her from coming to our office for assistance. The evidence was cogent, but could the problem be solved by reporting the case to police? No, no arrest could be made after the case was reported. All these are examples of political disputes being replaced by the use of force. If this had worked, war could have been the go-to solution for everything.

As this year's DC election will be held under the shadow of horrific violence, it is believed that pressure will mount on every member of the public in Hong Kong, but I am confident that the public can bravely go to the polling stations to vote in defiance of the pressure. However, regarding the series of scenarios I have just mentioned, has the Government taken any countermeasures? Our honourable colleague Mr CHAN Hak-kan had written seven complaint letters LEGISLATIVE COUNCIL ― 20 November 2019 2033 to the Registration and Electoral Office ("REO"), but REO distributed them to the so-called responsible units, including the Police and the Independent Commission Against Corruption ("ICAC"). In fact, any election-related issues are also related to ICAC. This time ICAC asked the complainant to go to its headquarters for evidence taking, which took hours. As there was insufficient manpower to take evidence, the complainant had to sit for three to four hours, and could not leave until one or two o'clock in the night. Therefore, it is this unfair election that worries our candidates. Besides, the Government has not put in place any contingency measures. As we have all seen, there are many complaints every day, but does the Government have any contingency measures to immediately solve the difficulties we face? Apart from the psychological pressure thus created, the process has taken us a lot of time. As a result, we have no time to explain our election platform to electors, but have to deal with these so-called prosecutions or evidence taking procedures instead. So, why is it not possible for REO, as a department with principal responsibility, to play an important coordinating role so that our candidates or contenders can immediately solve their own difficulties? Some people are spared such a need because they have not been subjected to this kind of so-called black violence. They can come out every day for normal campaigns, and their banners and posters remain all intact. For those Hong Kong people who seldom stay in Hong Kong, I believe that should they return to Hong Kong and see this sort of situation, they would ask: why are there no other candidates or contenders? Is it an uncontested election? Why is there only one person's campaign material? Therefore, as the principal department, REO should coordinate different departments to deal with the unprecedented difficulties we face. Had there been no difficulties, why would we have needed these departments to do their jobs? Therefore, in the face of such a serious and unfair situation, I believe that apart from REO doing its fair share of work, it is more important for various government departments to set their wheels in motion.

I know that currently some banners disappear as soon as they are put up. Even if we make them again, they are subject to another restriction, namely the election expenses limit. If we have made 10 banners but they disappear overnight, then we have to make another 10 and put them up. If we lose another 10 banners again, we have to make 100 to ensure sufficiency, but we are bound by the election expenses limit, which requires us to make a declaration every time we hang a banner. In other words, is the election fair? It is actually unfair. Has REO or the Constitutional and Mainland Affairs Bureau any measures or practices to afford fair treatment for us? I do not see any. That being so, they would say: "If you are dissatisfied with the election outcome, you can file a 2034 LEGISLATIVE COUNCIL ― 20 November 2019 petition." This is in itself no longer a fair election. Even petitions are useless, because it takes at least two to three years to reach a conclusion, which will be an unfair one that leads to unfair consequences.

Another issue I wish to talk about is how to make electors willing to come out and vote, and thus feel that doing so is not just a fulfilment of their civic responsibility, but also safe. Mr Tony TSE has just made an important point: if those candidates feel capable of contending on a level playing field in this election, they do not need to do anything. If they feel themselves strong enough, they do not need to commit any despicable acts, such as inflicting criminal damage on others' campaign material, vandalizing our offices and intimidating our candidates. The thing is, they do not consider themselves strong enough, so they see it necessary to do these things. Well, if the election outcome does not meet their expectation even though they have done these things, and in that case they actually vandalize the whole polling station, or many masked, black-clad people stand at the entrance, will the public still dare to go there to vote? Should such practice be considered fair? How can a petition be filed? Secretary, there is no way to file a petition. Could it be that they are prohibited from standing there? Is there any rule that prohibits anyone clad in black and masked from standing at the entrance? In view of these circumstances, has the Bureau actually made good efforts in contingency planning?

Therefore, I opine that the point at issue about the current election is, besides this villainous bunch, whether the Government has properly played its due role, that is to say a neutral role, so that all parties are treated fairly. In my view, at present we have not seen the Government do anything, particularly about how the government departments can accomplish this role. Mr Tony TSE has, in addition, mentioned a more serious problem: if someone has thrown a petrol bomb in response to the election outcome that they find unsatisfactory, and hence even the Presiding Officer has left, will the election results be lost? If there is no way to file a petition, is it even necessary to hold a re-election? Therefore, I think that the Government has not dutifully made the whole process of this DC election fair, just and open.

In conclusion, I implore everybody, especially the Government, to do this job well, and I urge the people of Hong Kong to actively participate in the poll in support of the forces that build Hong Kong.

Thank you.

LEGISLATIVE COUNCIL ― 20 November 2019 2035

DR PRISCILLA LEUNG (in Cantonese): President, the Government has a habit of waiting and pinning its hopes on chance and luck. The disturbance today is in fact caused by the Government's wait-and-see attitude which allowed a problem to degenerate into an even bigger one, culminating in the current uncontrollable crisis.

The District Council Election this year is a battle of life or death for Hong Kong, and it is also a struggle between the rule of law and violence. Hence, there is a chance for each one of us to use our votes to save Hong Kong, and we do hope that the election can be held on 24 November as scheduled. Since August this year, we have been talking about the need to postpone the election, but I personally hope very much that the Government, all Members and various political parties and groups can try their best to create a favourable atmosphere for voters to express their dissatisfaction with the current situation as well as their expectations of the Government or their representatives by casting of their votes. It is therefore very much against my wish to see that Hong Kong is still facing such stormy uncertainties when it is already Wednesday today, not knowing whether there will be riots tomorrow and there are only two to three days left before the polling day.

I asked the representatives of the Government how long they had to wait before a decision could be made, and they replied that they had to wait for two more days. However, I do not think we can wait for another two days because it is already Wednesday today. The issue we have to reflect on and discuss today is whether it is possible to hold the District Council Election on 24 November as scheduled, and this is also a question frequently asked by many citizens and voters. We are absolutely not afraid of losing the election, but we hope that Hong Kong will return to peace, the election will be reflective of justice, and we hope that a high quality election will be held in a fair and just manner, so that people can vote according to their personal will without any threat to their personal safety.

When we called voters up to remind them to go to vote on 24 November, we were often dumbstruck into silence by the questions they put to us. The questions frequently asked include: "Will something happen that day?", "Will I be attacked by a petrol bomb when I go to vote? I really do not wish to sacrifice my life for the election." They have also asked if measures are in place to safeguard the personal safety of the general public, voters and election candidates, and this is a question that I cannot answer.

2036 LEGISLATIVE COUNCIL ― 20 November 2019

The Government is still waiting because it is so fond of trying its luck, thinking that the threat of violence will disappear one day when we wake up, and I do hope that this is the case. Nevertheless, it is not an easy task to set up even a small street booth these days. Why can the operation of some street booths luckily escape the fate of being disrupted? It is because we have got well-prepared beforehand for what may occur, but has the Government got well-prepared so that it can guarantee to voters and election candidates that they will not be subject to attacks on that day?

The clashes at The Hong Kong Polytechnic University ("PolyU") last weekend have not yet been ended, which requires further actions before a solution to the problem can be found as there are still more than a hundred people in the campus. Will the case give rise to major social conflicts and a serious violent incident? To my knowledge, apart from PolyU and The Chinese University of Hong Kong, there are still more than 1 000 petrol bombs kept in other universities, and some outsiders are hiding themselves in university campuses to wait for an opportunity to "do something big" this weekend. Does the Government know anything about this? Has it contacted representatives of various universities, especially their students? Today an election candidate, when setting up street booths, was beaten up by more than 10 people. From a subjective point of view, we are not distrustful of the Government, but objectively speaking, the people do not trust the ability of the Government to make the necessary arrangements to protect them, because no matter what questions are put to the Government, its replies always make us feel that apart from waiting for luck to come by, it is shirking its responsibilities.

It is true that clear guidance should be issued by the Registration and Electoral Office ("REO") in this respect, because it has the responsibility to do so, and it is the authority that we should rely on. However, the only advice given by REO is to file an election petition in the event of any unfairness in election, but I consider this merely an action taken with the benefit of hindsight, and I have an example to illustrate my point. A previous partner of mine had the support of a group of citizens years ago, but due to some minor problems, the papers to indicate consent of support were submitted after the prescribed deadline and eventually, this partner of mine had exhausted his savings of over $2 million to lodge an election petition. Can election candidates really get justice done through the lodging of election petitions? I think many of them will give up, and this is not a fair and just solution to the problem.

LEGISLATIVE COUNCIL ― 20 November 2019 2037

There is so far no better evidence to convince me that this problem will no longer exist. I consider these people not only rioters but also maniacs, and I do not even know who they are when they are behind masks. No matter who they are and what age they are at, they have done some very terrible things, and it is hard to believe that these things could happen in Hong Kong.

Some election candidates I know have been treated very unfairly. For instance, a candidate approached a worker in a shop for the posting of publicity materials, and as both parties have all along maintained a cordial relationship, consent was given for doing so. However, due to intimidation from some masked people subsequently, the worker who agreed to post publicity materials for that candidate was dismissed by the shop owner. This is not only violent intimidation but also a substantive threat, which constitutes an unfair treatment to one of the candidates, and will discourage the electioneering team and supporters of that candidate from voting. This has already created unfairness in the election, and is in breach of the electoral laws.

Another example is the springing up of the Lennon Walls, which can be found everywhere but actions have never been taken to clear them up, and is this a punishment to law-abiding candidates? Law-abiding candidates will never do anything which is tantamount to illegal posting of publicity materials, because this may result in fines, and given a very low election expenses limit for the District Council Election, candidates cannot afford to pay the fines. However, when there are people using the Lennon Walls to launch illegal promotional activities, who should be responsible for tackling the problem? Has any attempt been made by REO to deal with the matter? Has the Food and Environmental Hygiene Department stepped up its efforts to make sure that justice is done? Street booths of some candidates whom I know were vandalized, but their volunteers were indeed brave enough to set up street booths in the morning and during daytime, and have only avoided doing so at night. This has also created unfairness in another respect.

Judging from experiences gained from election campaigns launched in the past, election activities should have reached their peak by now with the deployment of publicity vehicles as well as promotional activities on radio and television, but all these are not seen this year because equipment used for promotional purposes will be exposed to the risk of being smashed, and who can provide protection in this regard? Can the Government provide candidates with the necessary protection so as to ensure a fair and just election? There was a 2038 LEGISLATIVE COUNCIL ― 20 November 2019 case in which the street booth of an election candidate was vandalized, and a volunteer tried to take photos of the booth so that a complaint would be lodged with REO. However, as we all knows, just like a cameraman of an established television station who has faced life-threatening dangers during film shooting, the volunteer mentioned above also sustained hand injuries when trying to take photos of the booth. Although the case has been reported to the Police and REO, what follow-up actions have been taken? A Member of this Council who is running in the District Council Election was stabbed and nearly killed, and what extra protection has been offered to him? I still do not have time to ask him about this.

There was another case in which three petrol bombs were thrown consecutively at a candidate. Is this an unfair election and has this violated the electoral laws? The freedom of speech of people holding dissenting political views has been suppressed, and this is so clear that no one can deny. Many genuine pro-establishment candidates have not put up any election banner, set up any street booth, and they do not even dare to go canvassing in Chinese restaurants for fear that this will cause inconvenience to local residents, because they really care about these residents. Secretary, this is a real situation they are facing.

In order to make preparation for this speech, I have made enquiries with some candidates I know, and was told that black paint had been sprayed on nearly all street booths. Some of these booths were so horrible that they were totally blackened, and the election is actually held under the atmosphere of black terror. Secretary, I very much hope that the election can be held on 24 November as scheduled, and as a matter of fact, some candidates who have joined District Council for three years are having a very hard time. They even told me last week that it would be perfect if that day was the polling day, because they would then be no longer plagued by such psychological threats, and I do understand their feelings. However, although some candidates hope that the whole thing would come to an end very soon, I still have to elaborate on the results of an objective analysis which I truly believe. I do not run in the District Council Election held this year.

To be fair, some other candidates who are not members of my political party have suffered even more severe attacks. They are not afraid of losing the election, but they do not hope that their supporters will be affected with their personal safety threatened. Some voters have even been intimidated by their LEGISLATIVE COUNCIL ― 20 November 2019 2039 family members, who threatened to stop supporting their living. What exactly has happened to our society? I do not agree that we should take actions only with the benefit of hindsight, and I hope the Secretary would not argue that candidates could file an election petition afterwards, because even candidates of the Legislative Council election cannot afford to bring their case to court, let alone candidates of the District Council election. They may be able to do so with the assistance offered by the Government, but to what extent can the Government help them? I have at my hands a list of candidates from dozens of constituencies, and they all claimed that they have experienced the same. Some of them have even been chased and beaten up by people holding a rod, and this has posed a real threat to the personal safety of election candidates. Can the Government guarantee their personal safety, so that they can stay in the same place canvassing for one whole day? President, I hope the Secretary will shoulder his responsibility and make an early decision. He should not leave the matter until the polling day because this would be unfair to everyone concerned, and would pose a great problem.

There was also a very horrible report in a newspaper, and I wonder if the release of this kind of news should be regulated. According to that report, someone whom I consider a terrorist swore to kill police officers on the polling day. The reporter asked if he had thought about the possibility that this would threaten the safety of the innocent, but he said that he would not bother, and that as long as he would go down in history as the one who had committed the act, he would not hesitate to do so even if he would be condemned by posterity or had to go to jail. It is a frustrating fact that there are actually lunatics of this kind in Hong Kong these days, and their feelings and views are often published in newspapers, thus posing a psychological threat to all. I think the Government should not take the matter lightly, because someone has really said so, and this has also been published in a newspaper. Given that there are all sorts of crazy ideas posed on various websites and we cannot rule out their possibility, has the Government gathered the relevant intelligence, and can preventive measures be formulated in this respect?

I do not wish to see any innocent people get injured or even seriously harmed on that day, because as we can all see, various kinds of weapons have been seized from university campuses, and these people know how to make petrol bombs. Worst still, the number of petrol bombs kept by them has already amounted to 1 000. Moreover, actions should also be taken to safeguard the personal safety of staff members who undertake electoral duties, and the 2040 LEGISLATIVE COUNCIL ― 20 November 2019

Secretary should therefore be mentally prepared or at least make early arrangements for a postponement of the District Council Election to perhaps two weeks later.

Those who have been urging to hold the election as scheduled should help to stop violence and curb disorder, instead of keeping on suggesting that this is the same practice adopted in overseas countries even though they were plagued by violent incidents. Hong Kong has always been a society upholding the rule of law, and the people here have never been faced with intimidation in such an unilateral manner. Nevertheless, I should also point out objectively that several candidates from the pan-democratic camp have also been attacked. Those from the pro-establishment camp are in a state of panic as they have been indiscriminately subject to violent intimidation. The general public can wait no more, the Government must not delay a decision until the polling day on 24 November, and an assessment must be made beforehand. It should be noted that there was also deliberate disruption of the MTR train services today, which has led to great chaos and confusion. These extremists in various universities will definitely not leave us alone, and let us have the election conducted fairly and quietly with our personal safety safeguarded. President, I think a decision must be made by the Secretary one or two days before the polling day, and we should first wait until one or two weeks after the end of these violent acts (The buzzer sounded) …

PRESIDENT (in Cantonese): Dr LEUNG, please stop speaking.

DR PRISCILLA LEUNG (in Cantonese): President, I so submit.

MR CHAN KIN-POR (in Cantonese): Fair and impartial elections are very important to Hong Kong. With the destruction of many core values of Hong Kong over these few months, we must firmly uphold our core value of fairness and impartiality which is one of the most important ones.

What is fairness and impartiality? Actually, numerous explanations are available, but as far as election is concerned, I think there are at least three major principles. First, there should be sound legislation for the electoral system; second, the candidates should be able to canvass for votes freely and carry out LEGISLATIVE COUNCIL ― 20 November 2019 2041 electioneering activities without fear; and third, voters should be able to cast their votes at the polling stations on the day of election with freedom and―something which is also very important―without fear.

Regarding the first principle, that is legislation for the electoral system, I think Hong Kong has been doing pretty well, and on some occasions, I even consider that the authorities have gone too far. For example, the authorities would conduct thorough investigations even into cases involving minor errors or omissions in the returns on election expenses. Every time when there was an election, a few hundred cases of this nature would arise and every one of them would be investigated by the Independent Commission Against Corruption ("ICAC") and the Registration and Electoral Office ("REO"). Is this really necessary? Recently, the situation has slightly improved as there has been an adjustment to the limits prescribed for rectifying minor errors or omissions in election returns. For example, there is an increase from $500 to $5,000 in the limit for the functional constituency elections of the Legislative Council other than that of the District Council (second) functional constituency. To me, this is a progress made.

Overall speaking, I consider the legislation for election appropriate in Hong Kong. However, when it comes to candidates' freedom in electioneering and whether voters can cast their votes without fear, I think these two principles have been significantly undermined, mainly because of the impact brought by the riots and the black-clad people. A look at some figures will tell us this is how things stand. The offices of many District Council ("DC") members have been vandalized or even destroyed by fire. Though accurate figures are not available as yet, I know that at least some 150 offices of DC members have been repeatedly damaged. Definitely, the damage will seriously affect the election campaigns of the relevant candidates, thus constituting unfairness. For instance, the relevant candidates might originally have a few hundred hours to canvass voters, but now, they find themselves having significantly less time to do so. Meanwhile, their rivals can freely conduct election campaigns when they are still unable to troll for votes. So, is this fair?

Secondly, we have seen assaults against a number of candidates. Some candidates are too scared to set up street booths. Under such circumstances, will the election be fair? What is more, some candidates stated that they dared not put up publicity materials such as posters, because these materials would be torn away, defaced or cut once displayed. In the past, many members of the public 2042 LEGISLATIVE COUNCIL ― 20 November 2019 would volunteer to put up election posters for candidates, but now, nobody is willing to do so. Nevertheless, some shops will still put up the posters of certain candidates in order to get protection from these "charms". Under such circumstances, do you think we will have a fair and impartial election?

That said, I think it is not the greatest threat to a fair and impartial election. What constitutes the greatest threat is the fear among many voters about going out to vote despite their desire to do so. A radio host actually made an appeal to the public on the airwaves and an online social platform, urging people to prevent their elderly family members from voting by either keeping their identity cards, or inviting them to travel abroad during this period. If the Government, especially ICAC, really consider elections as something so important that it will institute investigations or even prosecutions against candidates for failure to submit receipts while filing returns on election expenses, why is there no investigation conducted against the radio host who made such a blatant appeal that would apparently affect the election results? As I know, someone has already lodged a complaint about him. I hope the relevant authorities will conduct an investigation into this matter rather than just thrusting it aside like, I mean, ignoring the big issues but pursuing the minor ones persistently. In my opinion, REO and ICAC should spare no efforts in investigating this kind of acts that are against the law.

In addition, I have also seen some utterly unacceptable and saddening episodes. An old lady got slapped while trying to go to the office of a political party to seek help or make enquiries. This is actually something inconceivable to Hong Kong people. Had this episode taken place before the riots, no one would have believed that it was true. In the past, if someone told you that Hong Kong would become what it is right now, would you believe him? How could it be possible that someone would hit an old lady in her eighties? Impossible. But nowadays, things like this can actually happen. Will the elderly then feel psychologically pressured to avoid going to the polling stations to vote? This is something that the Government needs to deal with.

Assuming that all these problems have been resolved, can the Government ensure that there will not be any human chain surrounding the polling stations to prevent voters from entering to vote? Rumours have it that voters need to vote at the polling stations before 8 o'clock as chaos will ensue afterwards, making voters unable to cast their votes then. Will this really happen? This kind of rumours will indeed result in unfairness in elections.

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Here, apart from calling on the Government to do its job properly, I also wish to make an appeal to Honourable colleagues who are nowhere to be seen in this Chamber right now, because I know they are very influential and they are all … though they have not severed ties with the black-clad people and the rioters. They are aware that they are fairly influential. As I can see, they are often present at the scenes of protests, standing side by side with the protesters in their fight and even rushing to the front to remove obstacles for the protesters to facilitate their actions. I hope these Members can bear in mind the interest of Hong Kong. In fact, as Members―this is what I always have in mind―they must be keen to serve the community, but are they serving and helping Hong Kong, or acting against the interest of Hong Kong now? If they are determined to serve Hong Kong, they should ensure that the election will be held in a fair manner by persuading those black-clad people to take one day off from coming out to stir up trouble then, so as to allow Hong Kong to show … and to give Hong Kong a guarantee that they will not come out to cause trouble. It is the only way by which there can be a fair election.

I believe the opposition camp is full of confidence that they will win the election for sure now. With their overwhelming victory in DC Election, they will gain the hundred-odd seats on the Election Committee, thereby having an influence in the elections of the Legislative Council and the Chief Executive. I believe this is their smug calculation. Well, I also believe that they are going to win a massive vote, so I hope that they will, at least, pretend to be fair and come out to call on or lobby the protesters to give a guarantee through the civilian press conference that they will refrain from causing disturbance to this election and take a break on that day. Can they do something like this?

Even if the 24 of you are not going to make any mobilization effort in the background, can you jointly make a public statement to guarantee that you will do nothing to influence this election and will try your best to convince all your supporters to refrain from creating trouble like blocking roads, besieging polling stations, and carrying out despicable assaults, thereby allowing Hong Kong to return to peace that whole day, from the beginning of the poll till the end of the counting of votes? Can you people do so? If you can, I will hold you in respect again.

Now, I have no respect for them at all because they have completely disappointed us. I mean, they will do anything for the sake of getting votes, lacking even the basic human morals. What kind of persons are they? Members of the public are furious simply because of people like them.

2044 LEGISLATIVE COUNCIL ― 20 November 2019

Although we can see such an appalling situation that even on the surface, there already exist many absolutely unfair … I wish to highlight one point again. During this period of riots, i.e. since June, I have kept telling the Government the important fact that there is actually too much false news and false information. Their presence has made many of those originally studying at school consider themselves obliged to do something for "justice". They perceive those activities to be helpful to Hong Kong and capable of securing themselves a better future.

The propaganda commonly used by the opposition force is that they … Those behind the opposition force are, of course, adults―they may be people in their thirties to forties, or fifties to sixties, but I cannot be sure about this―and they always say, "It is a blessing that you youngsters come out to help and do what we dared not do in the past. So, we are really grateful to you all and see you all as heroes." Their words have galvanized the youngsters into charging forward as their lackeys. Being in their senior years or in middle age, these people, I believe, should be well aware that they are pushing the youngsters to their doom. These youngsters will be put behind bars, suffering from the loss of their future prospects.

At present, a few thousand people have been arrested and we still have no idea what sentences will be imposed on them later. We are really saddened and agonized by the fact that the youngsters are so simple-minded and some are even supported by their parents to do those things, let alone the possible sentences they will receive. What is the consequence as we now see? Apparently, these youngsters suffer from the loss of their future prospects. I believe, the possibility of an amnesty is rather remote, and I do not subscribe to the idea of granting an amnesty either, as this will only serve to encourage more people to make more and more radical moves, betting on the prospect of an amnesty. For this reason, it is impossible to grant an amnesty. Also, it is something that runs counter to the spirit of the rule of law in Hong Kong.

Those adults came out to speak about how grateful they were to the youngsters who had done something they dared not do in the old days. May I ask them to examine their consciences? If they still have the basic human morals, they should stand in the front to shield these youngsters from bullets, do time on these youngsters' behalf, and do things that they dared not do in their youth. Why did they hide themselves behind the scene to provoke the youngsters, causing these youngsters to suffer severely? Most regrettably, these youngsters have not yet come to their senses. Many of them only think that they LEGISLATIVE COUNCIL ― 20 November 2019 2045 have been betrayed without knowing that the very betrayers are those who provoked them behind the scene.

That day when I was at a hospital, a woman rushed to me and asked, "What have these youngsters got now? What have they got after all these sacrifices they made for Hong Kong?" Of course, I did say something to comfort her, but I thought to myself: should she not pursue the matter with those who prompted the youngsters to go out and promised them that they would get what should be theirs? I could only relay her views to the Government and advise the Government on what it should do. Whom should she actually pursue the matter with? Those Members or powerful figures who incited the youngsters to go out behind the scene? The media that give biased and distorted coverage with no regard for principles, and the hosts of some programmes that make lampoons? What can be done to resolve the present state of affairs if the reason for the youngsters to have done wrong is their long-existing lack of understanding of the real root cause of Hong Kong's fall? So, sometimes, I am really exasperated because the youngsters are not the only ones who have been provoked. Their parents and people who have most frequent contact with those persons have similarly been provoked. This is indeed the saddest thing of all, and unfortunately, many people have not yet come round.

However, I think I need to talk about another matter more―given the time constraint―that is, despite the many apparently unfair and unjust situations, I still consider it necessary for the election to take place as scheduled. I mean, it is imperative for the Government to ensure that the election can be held as scheduled. Why? First, the Government should never give in to threats from others easily. Why does someone make threats to it? It is because they believe that their threats against the Government will make it give in. Do not think that giving in is a solution, as the other side will only become more insatiable. This is just the political reality. What will happen once the Government gives in? They will only keep pressing on with their demands until the Government cannot do anything further.

That being the case, if the Government gives in, it will only give fuel to violence. Notwithstanding, what worries me most is that regardless of the Government's decision, the opposition force will blame whatever goes wrong on the Government all the same. These days, we have all witnessed how capable the opposition force is in blaming the Government and the pro-establishment camp. And over these few months, we have seen clearly their world-class 2046 LEGISLATIVE COUNCIL ― 20 November 2019 propaganda which confuses right with wrong and confounds good with evil. Also, having arranged numerous actors to play different roles on different occasions, they have distorted the truth and scandalized everything. Their capability in this regard has already attained perfection and reached a world-class level. I am worried that even if the Government and the pro-establishment camp make considerable efforts for the election in this unfair and unfavorable environment, the opposition force will still blame them eventually. Please do not take me as a doomsayer. My prediction is that the Government will end up being blamed by them for sure. In the end, the Government will definitely be depicted as a villain that has pre-arranged everything well ahead and then puts on an act to call off the election on various excuses. Even though they think they will win a sweeping victory in the election, they will still vilify others. This has always been their modus operandi.

Now, all I can do is to state it at the outset. If anything apparently unfair to other candidates takes place on that day, the Government has to make a very difficult decision. It really should not insist on carrying on with the election because it is indeed impossible to have a fair and impartial election which is accountable to everyone. In this case, the Government needs to do its public relations work with the media properly. Come on, please stop commending me or a certain person for having done a good job or whatever. What is the point of saying all these if the Government fails to make improvement?

Concerning the current situation as a whole, what has actually gone wrong? What is wrong with Hong Kong? It is the failure to stop false information and false news in a timely manner. The media is so formidable that whenever the Government offers explanations to us, they will sentimentalize everything to transform fear into hatred and anger. Has the Government ever noticed this? Just try to have some communication with those "yellow ribbon" and you will find that many of them are filled with anger―I do not know why they are so angry though―which, according to some people, is due to certain problems in our system. But I think this is not the cause of it. They have actually been … like being under a spell or having joined a cult, they are filled with anger.

Actually, it pains us a lot to see this because they are also Hong Kong people and were our friends before. Why have they got under a spell? The reason is that they have completely fallen for that kind of one-sided propaganda. Anyone who has completely fallen for this kind of propaganda will definitely be very angry, because they will consider everything as being against and unfair to LEGISLATIVE COUNCIL ― 20 November 2019 2047 them. They will also deem that Hong Kong has been deprived of all freedoms and become a place where they can see no future. Immersing in this kind of propaganda, these people are unable to see other information.

In light of this, both before and after the DC Election, the Government ought to pick itself up and make the best preparation for disseminating information through different channels―be it press briefings, dissemination of information every several hours, statements by the Chief Executive, or statements by you, buddy, Patrick NIP―as the Government really needs to shoulder this responsibility and stop being the underdog. The opposite side is like a stocky man who is superior to you, whereas you are like an infant that is no match for him, but still, you have to put up a struggle at least. Buddy, at the very least, you have to try your best to fight back. Only by doing so will you―the Government―be regarded by people as having done your best. You are the underdog simply because the opposite side is "overweight". Everyone will remain supportive of you. If you continue with your inaction and make feeble effort to carry out your duties, you are destined to doom.

I hope that the Government will do its job properly (The buzzer sounded) … Thank you, President.

PRESIDENT (in Cantonese): Mr CHAN, please stop speaking.

MR AU NOK-HIN (in Cantonese): Mr LEUNG, just now, I listened attentively to Mr CHAN Kin-por's speech. I did not bother to raise a point of order to negate what he said. I do not want to give him a chance to rebuke, saying that they will not question what democratic Members say but we will negate what pro-establishment Members say. I will use my 15-minute speaking time to point out the fallacies of his speech.

Mr CHAN Kin-por is living at his stage of harvest. He indulges in self-intoxicated comments, saying that the angry yellow-ribbon supporters only believe what their side says and they believe in fake news and they do not tell the public that many incidents are in fact untrue. Buddies, we have seen over the past few months how the Police made indiscriminate arrests, how the Government refused to listen to the people and even acted against public will. The problems we have seen in video clips of clashes between the Police and the 2048 LEGISLATIVE COUNCIL ― 20 November 2019 people have prompted us to demand an investigation into police brutality and establish an independent commission of inquiry. But over these months, has the Government tackled these problems?

Mr HO Kai-ming tells us that if there are no petrol bombs, there will be no tear gas bombs. I wish to tell Members loud and clear that did we see anyone use any petrol bombs back in June? I am not saying that they are justified to use petrol bombs. I must reiterate this. I do not agree with violence. But the problem is that 1 million people and then 2 million people have taken to the street in peaceful protests, but the Government still paid no attention to their demands. People would then arrive at a conclusion: it was the Government who taught them that peaceful protests were useless, which resulted in an escalation of violence. The Government's refusal to commit itself and its refusal to respond to the demands of the majority people are the root cause to the fall of Hong Kong today. This also constitutes a major threat, or a major problem, to the District Council Election.

Just now, many pro-establishment Members kept describing how they had been intimidated, attacked, wronged, so on and so forth. Have people of the democratic camp not been subject to the same treatment? Andrew CHIU's ear was bitten off; Jimmy SHAM suffered cerebral haemorrhage after being assaulted by several South Asians …

PRESIDENT (in Cantonese): Mr AU Nok-hin, may I remind you, since the District Council Election will soon be held, you should not explicitly or implicitly say that you support or do not support certain candidates.

MR AU NOK-HIN (in Cantonese): Sorry. Sorry, it is impossible for me not to mention their names because these incidents have actually happened. I will try my best not to mention the names of the candidates. Perhaps, let me use myself as an example. I am not one of the candidates of this District Council Election. But I have been harassed by Leticia LEE. I hope that Dr Priscilla LEUNG will publicly clarify whether LEE is still her employee.

One day, Leticia LEE came to my office with a group of people. They posted pieces of paper in my office. Their action did not quite bother me. But the words written on the paper were unbearable, including words of an abusive LEGISLATIVE COUNCIL ― 20 November 2019 2049 and malicious nature. She fomented troubles at my offices. There is a Chinese medicine shop next to my office in Aberdeen. On the day Leticia LEE stirred up troubles at the office, a local resident who happened to be in the Chinese medicine shop was very scared, resulting in incontinence. The shop owner had a conversation with my colleague. He said he would not be intimidated, saying that he had gone through the Cultural Revolution and many problems caused by political conflicts. He encouraged us to face the problems together. That said, the shop owner closed his shop because of LEE. What I want to say is that these so-called conflicts are triggered bilaterally.

When people witness such brutality, they cannot turn a blind eye to it. The origin of the matter is that the Government's inaction to deal with different views in society. A normal government should seek common ground among differences and decisively find a way out amid the demands of different camps. It should not keep adding chips to one side of the scale, such as by enacting the Prohibition on Face Covering Regulation under the Emergency Regulations Ordinance and disseminating disturbing messages about the possible cancellation of the District Council Election.

Can the pro-establishment Members deny that some of them want to have the District Council Election cancelled? I know that many Members still wish to have the District Council Election held as scheduled. But we cannot deny that some members of the pro-establishment camp, including WONG Kwok-hing of the Hong Kong Federation of Trade Unions and Lawrence MA, members of Election Fairness Concern Group … they are not candidates of this election and I can mention their names … have been saying that the election should be cancelled due to election unfairness.

Many voters have thus asked whether the District Council Election will still be held this Sunday. In fact, we are talking about cherry picking here. I agree with the Government in that the District Council Election should be held as scheduled if feasible and its fairness can be ensured. This is a key to a democratic election, and also a key in maintaining the credibility of the system. If we can casually repeal an election system, it is not a democratic system.

Many existing measures may make an election unfair. For instance, as I said outside this Chamber earlier, the Electoral Affairs Commission ("EAC") issued a Government Notice, No. 515 of 2019, informing the public that several polling stations are re-designated due to some reasons. I want to tell the Secretary that according to a study on democracy, changing polling stations … 2050 LEGISLATIVE COUNCIL ― 20 November 2019 the polling stations are changed four days before the District Council Election. The Government Notice was issued today, 20 November, and the District Council Election will be held on 24 November. But EAC did not inform the public of this matter until now. According to the Government Notice, the polling station at Sassoon Road, Pokfulam of Southern District, will be relocated to Yue Kwong Road Sports Centre at Yue Kwong Road. Do the authorities know the two locations are 5.7 km apart? There is no direct transport for the people who are supposed to vote at Sassoon Road to travel to Yue Kwong Road.

Besides, can the authorities be sure that they can truly inform all voters within four days that the polling station is changed? On the day of the election, if many voters go to Sassoon Road only to find that they should go to Yue Kwong Road to vote, they will then say, "It is so far away. I will not vote." In that case, will electoral justice be impaired? Are the authorities aware that abolishing or changing a polling station may impair electoral justice?

My only suggestion is simple. There are only four days left. The authorities should allow voters who are supposed to vote at Sassoon Road to choose to go to the other two polling stations within the constituency, namely Cyberport and Upper Baguio Villa. This is at least a relatively reasonable arrangement. Also, the authorities should not pick a location totally unreachable by direct transport.

Another polling station has a similar problem. I am not very familiar with Tai Po district. The polling station of Shuen Wan is relocated to the SKH Yuen Chen Maun Chen Primary School in Kwong Fuk Estate. My limited geographical knowledge tells me that Shuen Wan and Kwong Fuk Estate are considerably apart from each other. Why would EAC make such an arrangement? I truly hope that EAC does not relocate polling stations in the last few days before an election. I also hope that the Secretary can think about how unfair such an arrangement is to an election. Many countries with well-established election systems make use of relocating polling stations to achieve their political aims.

I do not need to tell Members the number of unfair incidents in past elections in Hong Kong. In the past week, there was a lot of propaganda smearing the democratic camp. You can find many big booklets of information, including special edition magazines printed by newspapers with pro-China background. If Members wish to know more about such smearing propaganda, please refer to the recent editions of Wen Wei Po.

LEGISLATIVE COUNCIL ― 20 November 2019 2051

Besides, when I went out today, I saw some people distributing free copies of publicity materials which deride the democratic camp. Will these materials affect the election? If so, how should these election expenses be calculated?

Also, there is vote-rigging. Since 2011, there have been cases such as the one involving 13 voters of seven different surnames who were registered under the same address. When will such acts of vote-rigging stop? Has the Government investigated such acts? I know that many candidates of this election have received enquiries from their constituents, asking why they have received letters whose addressed receivers are unknown to them. I believe it is untenable to say that the senders have wrongly written the address.

Hong Kong courts have handled vote-rigging cases. Should vote-rigging cases concerning District Council Election be subject to thorough investigation? If I provide the Secretary with information on some suspected vote-rigging cases, will he conduct a probe on my behalf? If some people are allegedly involved in vote-rigging, will the Secretary allow these people to vote in this District Council Election? If I can provide the cases to the Secretary, I hope that we can carefully look into them. People have complaint about this in the South Horizons and Aberdeen constituencies which are within my district.

Third, it is vote-splitting. There was a well-known court case in the previous election. A man named CHENG Wing-kin allegedly provided inducements for four persons, including providing $400,000 for a person to stand as a candidate in a specified geographical constituency of the District Council Election and for another person as an incentive to stand for the election in July 2015. Moreover, he allegedly provided between July to August 2015 $150,000 and two other unspecified sums for three persons to induce another three persons to stand for the election. CHENG was convicted in the end. But do we know the one behind the scene who instructed CHENG for vote-splitting? Vote-splitting and vote-rigging will also undermine election fairness, but to date, these cases remain unresolved.

It is no news that the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("the Liaison Office") has intervened in the elections in Hong Kong. It started from CAO Erbao who wrote about setting up the second administration team. And then there was another gentleman … let us review history together … KUAI Cheyuan, a commissioned researcher at the Chinese Academy of Social Sciences, who wrote 2052 LEGISLATIVE COUNCIL ― 20 November 2019 an article in Wen Wei Po long time ago. In the article, he said that it was justified for the Liaison Office to intervene. And he went on to scold the opposition camp in Hong Kong as "jiangutou" (miserable wretch) and that they had to get used to this kind of intervention. So, we have to get used to elections in Hong Kong being intervened. Why is it justified for them to coordinate election candidates or to allegedly mobilize clansmen associations or intermediaries to intervene in elections in Hong Kong?

If this is considered justified, is Article 22 of the Basic Law useless? Article 22 of the Basic Law provides that no department of the Central People's Government … may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own. I believe the Secretary is very familiar with this Article. But to date, electoral injustice remains unresolved and untackled.

Hence, I come back to what Mr CHAN Kin-por said. First, I will not argue with him about his accusation that some Members or some people have incited young people and that they will have no future because they will all get convicted. I leave his misunderstanding of the matter aside, I just question how can we order other people to do what they did? We have been saying that this movement is a spontaneous one. But first things first, he should not blindly smear other people; and also, the District Council Election will soon be held on 24 November.

As a member of the democratic camp, I must say this to Members. We do not want any violent incidents to take place at all. And also, I call on the public who support democracy and embrace and love Hong Kong to make good use of their votes. When Carrie LAM refuses to listen to the people and when the Government continues to act against public views, we have to use our votes to tell her what public views are and what demands Hong Kong people have insisted on.

I so submit.

MR HOLDEN CHOW (in Cantonese): President, over the past period of time, all districts of Hong Kong have seen a succession of violent acts that are considered by some members of the public to be depraved, including election-related acts of intimidation. To begin with, we have seen candidates' offices being repeatedly vandalized. By a rough estimation, the offices of some LEGISLATIVE COUNCIL ― 20 November 2019 2053 pro-establishment candidates from different political parties have been vandalized probably as many as 100 times. Many of them have been vandalized multiple times. My own office, for example, has been vandalized four times.

Overall speaking, the damage to these offices would have an objective effect. That is, many members of the public would wonder whether these black-clad rioters' acts of vandalism to the offices imply that any show of support for a particular candidate would have consequences. This is the fear that the public has already felt. The offices are supposed to be a place to serve neighbourhoods and residents, but now they have been vandalized, resulting in hindrance to their service delivery, work and operation. Even leaving aside the basic work and operation, the electioneering activities have also been affected. Looking back over the recent period, in addition to the offices being vandalized, we have seen candidates being attacked, the most serious case being that of an honourable colleague of our Council who was stabbed with a knife close to his heart, which was tantamount to an act of murder.

In addition, we have seen a petrol bomb being hurled at a candidate. Thankfully it has not hit the target, otherwise someone might have been killed. More to the point, we have seen sporadic fights and attacks. We know that a candidate, when setting up a street booth this morning, was gang-beaten by more than 10 secondary school students. All these acts of violence seek to not just intimidate candidates, campaigning teams and volunteers, but even cause shock and panic to the public. I believe that, in all the 18 districts across Hong Kong, many members of the public see riots of varying degrees on a daily basis, such as hurling petrol bombs left, right, and centre, not only at police cars, but now even towards school buses carrying children. The sheer volume of arson attacks in the streets has thrown the public into a great panic.

Seeing this situation, many members of the public would ask: if they come out to vote on 24 November, will they encounter safety problems? Will they be retaliated against just for coming out to vote? This is because they have seen in the past the way some people carried out vigilante attacks on others simply because the latter held and expressed a different political view. In a recent case, a person even set another on fire after dousing him with some flammable liquid. Such terrorist incidents have indeed plunged the public into deep fear.

Certainly, I believe that many Hong Kong people are very keen to come out and vote on the polling day of 24 November for the District Council Election. They all clearly believe that voting is important as a means to exercise the 2054 LEGISLATIVE COUNCIL ― 20 November 2019 electoral right, and that they should not bow to the so-called black violence. We know that many people do have this mindset. President, however, other members of the public who have seen today's black violence would actually be worried about whether it will be safe for them to come out and vote on Sunday, 24 November, i.e. the polling day of the District Council Election. The SAR Government absolutely has a responsibility to take all measures to let the public know that they can go out and vote with peace of mind. This is a responsibility that the SAR Government must absolutely fulfil.

Therefore, over the past period of time, we have continuously reflected the situation to the SAR Government and asked it to brief us on the deployment for the election day and how to make the public feel at ease. We think there is a need to arrange for an appropriate police presence in many constituencies. This is essential for maintaining the most basic order, which is what we hope to achieve. However, apart from this, does the Government have any other measures?

In fact, the Chairman of the Electoral Affairs Commission ("EAC") should have come forward to provide some clear information to the people of Hong Kong. To give a simple example, some messages currently circulating on the Internet suggest taking away the identity cards of elderly people on the polling day so as to prevent them from voting. Some people have tried to threaten retaliation against those who will come out and vote. Messages of this sort have now gone viral. In fact, the EAC Chairman should, in his official capacity, solemnly tell the people of Hong Kong what penalties will be imposed on them if they commit any illegal act, and that the authorities will increase manpower accordingly to enforce the law. In this way, everyone will know that, in such a case, those having violated the law will pay the price. As the EAC Chairman, he can come forward and explain to everyone the response plan for law enforcement. I think it is EAC's responsibility to deal with it.

President, why do the public panic? It is precisely because while we have seen various types of violent incidents in Hong Kong over a long period in the past, the authorities do not seem successful in effectively initiating prosecutions or enforcing the law to bring those rioters to justice and even let them pay the price for breaking the law. Apparently no such cases have arisen, so the actions are not considered as having deterrent effects. As there is no deterrence, many people continue to commit acts of violence without scruples. They throw more and more petrol bombs and even set fire to people.

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President, I know that the Police are at full stretch dealing with the current riot over the past period of time, leaving police officers under tremendous pressure. There are also cases where police officers' family members have been doxxed. We have been asking the SAR Government to expedite the handling of riot cases by, for example, drawing on the practice of the United Kingdom to set up a 24-hour special court to promptly deal with the riot cases and get them to trial, so that the rioters can be brought to justice as soon as possible. But the SAR Government has failed to do so. However, these factors will interact with each other, thus contributing to further escalation and continuation of the current riots or acts of violence and affecting the election to be held on this Sunday, 24 November.

Therefore, in my opinion, it is incumbent on the SAR Government to tell the people of Hong Kong that the election of 24 November will be held as scheduled and that the Government is determined to take some appropriate measures to ensure safety for everyone to come out and vote. This is the attitude required of the SAR Government. Besides, it has to assure the public of its confidence in conducting the election as scheduled.

Here I would also like to point out that, in response to the attacks they experienced on the streets, many candidates have now cut back on their number of street booths out of safety concerns, resulting in the opportunities and time for electioneering being reduced, which is unfair to them. Nevertheless, President, I can share with you my observation from interaction with many candidates that even if they are obstructed, they will still undauntedly engage in electioneering and eager to do their best for this election.

Therefore, I emphasize again that many candidates hope the election will be held as scheduled this Sunday, so that the public can make their own choices. We believe that, with their own insight and judgment, the people of Hong Kong will know how to pick their representatives in DC, so they will naturally know how to make a choice. In the face of so much black violence, what kind of society do they want Hong Kong to become? They will have their own views. I think that, through this election, they should be able to express their basic views in a peaceful way. For this reason, this election must be held safely as scheduled, and it is the SAR Government's responsibility to ensure that this election can be held safely. It follows that the Government must take the necessary measures to hold this election in a peaceful manner, so as to give everyone a chance to express their views.

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I would also like to point out that since the opposition often claims that elections are so important, I ask them to seriously step forward and sever ties with violence. I urge them to clearly advise the black-clad rioters to stop violence, stop hurling petrol bombs, stop setting fires, and stop harming innocent people with arbitrarily shot arrows. Can the opposition do anything to help? This is a very simple and humble request, namely asking the opposition to explicitly sever ties with violence and advise the black-clad rioters not to do such acts of violence again.

President, I have never seen any indication from the opposition that it severs ties with violence, and they have never so indicated. What we see is only that they keep condoning violence and even try to justify all the violence. One of the simplest truths we learned from an early age is that, no matter for what reason, we should not use violence to harm or even kill others just because we think we are right. Such behaviour is unacceptable. Now that the opposition is finding excuses to justify violence, we have to return to one of the most basic concepts in humanity and social order, that is, no matter for what reason, we should not resort to violence, nor harm others because of political differences. Such behaviour is unacceptable. If the opposition really thinks that this election is so important, I urge them to explicitly and publicly advise the black-clad rioters not to hurl any more petrol bombs, nor use any more violence, so as to give Hong Kong a chance to hold the election in a peaceful manner this Sunday.

Moreover, President, why am I so worried about whether the election can be held safely and smoothly? To be honest, I am afraid that troubles do not come singly. If the current election is fraught with violence and the authorities have not put any measures in place to stop it, I am very worried about whether at this rate Hong Kong can still hold the election in a safe and orderly manner in the future. Therefore, I urge the SAR Government to take all possible measures to ensure and assure the public that the election can be held safely as scheduled. This is not a matter just related to a single election. We do not want to see what happened the first time happen to future elections and continue to create unfair situations where rioters vandalize candidates' offices and commit acts of intimidation, and then everyone turns a blind eye, pretending that nothing has happened. This is intolerable to us.

In conclusion, I hope that the opposition will explicitly sever ties with violence. I urge them to make it clear to the black-clad rioters that they should stop using so much violence. The whole society should work together to LEGISLATIVE COUNCIL ― 20 November 2019 2057 safeguard elections, with a view that this Sunday's election will be held safely as scheduled.

President, I so submit.

SUSPENSION OF MEETING

PRESIDENT (in Cantonese): As some public transport services will be closed early tonight, I now suspend the meeting until 9:00 am tomorrow.

Suspended accordingly at 7:02 pm.