OFFICIAL RECORD of PROCEEDINGS Wednesday, 14
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LEGISLATIVE COUNCIL ― 14 December 2016 2375 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 14 December 2016 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, S.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, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. 2376 LEGISLATIVE COUNCIL ― 14 December 2016 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE LEUNG KWOK-HUNG# 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, 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, J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.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 # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 14 December 2016 2377 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 DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, 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, J.P. DR 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-FAI THE HONOURABLE SHIU KA-CHUN 2378 LEGISLATIVE COUNCIL ― 14 December 2016 THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, M.H., J.P. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE NATHAN LAW KWUN-CHUNG# DR THE HONOURABLE YIU CHUNG-YIM# DR THE HONOURABLE LAU SIU-LAI# MEMBER ABSENT: THE HONOURABLE CHAN CHUN-YING # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 14 December 2016 2379 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE RIMSKY YUEN KWOK-KEUNG, S.C., J.P. SECRETARY FOR JUSTICE THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE PAUL CHAN MO-PO, G.B.S., M.H., J.P. SECRETARY FOR DEVELOPMENT MR RONALD CHAN NGOK-PANG, 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 MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 2380 LEGISLATIVE COUNCIL ― 14 December 2016 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (While the summoning bell was ringing, a number of Members returned to the Chamber, but some Members had not returned to their seats) PRESIDENT (in Cantonese): Will Members please return to their seats. (After the summoning bell had been rung, a number of Members entered the Chamber) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Declaration of Mental Hospital (Consolidation) (Amendment of Schedule) Order 2016 ........................................ 185/2016 Merchant Shipping (Local Vessels) (General) (Amendment) Regulation 2016 ..................................................... 186/2016 Merchant Shipping (Local Vessels) (Safety and Survey) (Amendment) Regulation 2016 .............................. 187/2016 Construction Workers Registration (Exemption) Regulation .............................................................. 188/2016 Construction Workers Registration Ordinance (Amendment of Schedules 1 and 1A) Notice 2016 ..................... 189/2016 Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (Commencement) Notice 2016 ............................................................ 190/2016 LEGISLATIVE COUNCIL ― 14 December 2016 2381 Other Papers No. 44 ― Equal Opportunities Commission Annual Report 2015/16 No. 45 ― Prisoners' Education Trust Fund Report by the Trustee, Financial Statements and Report of the Director of Audit for the period 1 April 2015 to 31 March 2016 No. 46 ― Lotteries Fund The Accounts of the Fund 2015-16 No. 47 ― Communications Authority Annual Report 2015/16 No. 48 ― Emergency Relief Fund Annual Report by the Trustee for the year ending 31 March 2016 No. 49 ― Social Work Training Fund Fifty-fifth Annual Report by the Trustee for the year ending on 31 March 2016 No. 50 ― Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2015-2016 No. 51 ― Hong Kong Tourism Board Annual Report 2015/16 No. 52 ― Hospital Authority Annual Report 2015-2016 No. 53 ― Samaritan Fund Report on the Fund, Financial statements and Report of the Director of Audit for the year ended 31 March 2016 2382 LEGISLATIVE COUNCIL ― 14 December 2016 No. 54 ― The Prince Philip Dental Hospital 2015-16 Annual Report The Board of Governors No. 55 ― Police Welfare Fund Annual Report 2015/2016 No. 56 ― The Police Children's Education Trust and the Police Education and Welfare Trust Annual Report 2015/2016 No. 57 ― The Government Minute in response to The Annual Report of The Ombudsman 2016 No. 58 ― Brewin Trust Fund Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 2016 No. 59 ― Grantham Scholarships Fund Report of the Grantham Scholarships Fund Committee on the Administration of the Fund for the year ended 31 August 2016 No. 60 ― Chinese Temples Fund Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2016 No. 61 ― General Chinese Charities Fund Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2016 Report No. 7/16-17 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments LEGISLATIVE COUNCIL ― 14 December 2016 2383 ADDRESS PRESIDENT (in Cantonese): Address. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the Annual Report of The Ombudsman 2016". The Government Minute in response to The Annual Report of The Ombudsman 2016 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, I submitted the Annual Report of The Ombudsman 2016 ("the Annual Report") to the Legislative Council on 6 July 2016. In accordance with established practice, I now submit the Government Minute ("GM") responding to the recommendations made in the Annual Report to the Legislative Council. The Ombudsman summed up eight direct investigation and 226 full investigation cases in her Annual Report and made a total of 277 recommendations. The GM responds to the eight direct investigation and 91 full investigation cases for which recommendations were made by The Ombudsman. In brief, government departments and relevant public bodies accepted most of The Ombudsman's recommendations, and have taken or are taking various follow-up actions to implement them. As for individual recommendations that were not accepted, the relevant departments have given an account to The Ombudsman, and explained their difficulties and positions in detail in the GM. President, the Office of The Ombudsman ("the Office") handled more than 5 000 complaints last year. It is noteworthy that among the 200-odd full investigation cases concluded, over 60% of the complaints were unsubstantiated.