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LEGISLATIVE COUNCIL ― 24 June 2020 8723 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 24 June 2020 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. 8724 LEGISLATIVE COUNCIL ― 24 June 2020 THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE 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 KWOK WAI-KEUNG, J.P. LEGISLATIVE COUNCIL ― 24 June 2020 8725 THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, S.B.S., J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE ALVIN YEUNG THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE CHU HOI-DICK THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. 8726 LEGISLATIVE COUNCIL ― 24 June 2020 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. THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBER ABSENT: THE HONOURABLE HUI CHI-FUNG LEGISLATIVE COUNCIL ― 24 June 2020 8727 PUBLIC OFFICERS ATTENDING: DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR THE CIVIL SERVICE MR SONNY AU CHI-KWONG, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 8728 LEGISLATIVE COUNCIL ― 24 June 2020 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) LAYING OF PAPERS ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation Legal Notice No. Pharmacy and Poisons (Amendment) (No. 3) Regulation 2020 ................................................. 126 of 2020 Declaration of Increase in Pensions Notice 2020 .......... 127 of 2020 Widows and Orphans Pension (Increase) Notice 2020 ........................................................ 128 of 2020 Other Papers Construction Industry Council Annual Report 2019 (including Financial Statements and Independent Auditor's Report) Securities and Futures Commission Annual Report 2019-20 (including Financial Statements and Independent Auditor's Report) Investor and Financial Education Council Annual Report 2019-20 (including Financial Statements and Independent Auditor's Report) LEGISLATIVE COUNCIL ― 24 June 2020 8729 Sir David Trench Fund for Recreation Annual Report 2019-2020 (including Financial Statements and Report of the Director of Audit) Airport Authority Hong Kong Annual Report 2019/20 (including Consolidated Financial Statements and Independent Auditor's Report) Report No. 5/19-20 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Panel on Manpower on issues relating to the Employment (Amendment) Bill 2019 for submission to the Legislative Council ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. (Mr James TO indicated a wish to raise a point of order) PRESIDENT (in Cantonese): Mr James TO, what is your point of order? MR JAMES TO (in Cantonese): President, as far as I understand it, you were invited to the Mainland in the capacity of the President of the Legislative Council to express opinions on the National Security Law in Hong Kong to the Director of the Hong Kong and Macao Affairs Office ("HKMAO") of the State Council. Since you went there in the capacity of the President of the Legislative Council and not in your personal capacity as Mr Andrew LEUNG, will you please make public the opinions you had expressed in the capacity of the President of the Legislative Council, so that we may know what you have expressed in this capacity? 8730 LEGISLATIVE COUNCIL ― 24 June 2020 PRESIDENT (in Cantonese): Mr TO, I have provided a written reply to the issue you mentioned. The reply has also been uploaded to the website of the Legislative Council for reference of the public. If you need to meet with me, I am willing to do so and explain the case to you then. First question. Mr Jeremy TAM … MR JAMES TO (in Cantonese): President, I have a point of order. PRESIDENT (in Cantonese): Mr TO, what is your point of order? MR JAMES TO (in Cantonese): President, the issue lies not in the letter concerned. According to all the report, the invitation made by Mainland government officials to you was based on your capacity as the President of the Legislative Council, not as Mr Andrew LEUNG. When the Chief Executive said for the first time that an extensive consultation would be conducted, she mentioned the role of the President of the Legislative Council, not the role of Mr Andrew LEUNG. Hence … PRESIDENT (in Cantonese): I have explained the situation clearly in the written reply. If you have other questions, I am willing to meet with you to explain the case further. MR JAMES TO (in Cantonese): President, this is your understanding. Yet, you have not given regard to the fact that it differs with the understanding of various sectors of the community … PRESIDENT (in Cantonese): I have already explained this in my written reply. LEGISLATIVE COUNCIL ― 24 June 2020 8731 MR JAMES TO (in Cantonese): This is merely your personal point of view. PRESIDENT (in Cantonese): Please stop bringing up issues which are irrelevant to the agenda of the meeting today. (Mr James TO continued standing while he requested the President to explain the case) PRESIDENT (in Cantonese): Mr TO, I have already answered your question. Please be seated. (Mr LAM Cheuk-ting indicated his wish to raise a point of order) PRESIDENT (in Cantonese): Mr LAM Cheuk-ting, what is your point of order? MR LAM CHEUK-TING (in Cantonese): President, I have a point of order. I have applied for leave to ask an urgent question on the National Security Law in Hong Kong, which is about the "circumstances specified" mentioned by the Mainland. You have given me a reply via the Secretariat stating that this does not fall into the purview the HKSAR and that there is no urgency for the question, so I have not been granted the leave to ask the question. President, may I ask you just one question: Upon the enactment of the National Security Law in Hong Kong in future, the Legislative Council will not even have the right to ask any questions concerning the work of institutions on national security established in Hong Kong by the Mainland, will it? Will you rule that the task is beyond the purview of the SAR Government, so you will not allow us to ask questions concerning the work of the relevant institutions? PRESIDENT (in Cantonese): Mr LAM, concerning your request to ask an urgent question, I have handed down the written ruling.