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OFFICIAL RECORD of PROCEEDINGS Wednesday, 24 LEGISLATIVE COUNCIL ─ 24 June 2009 9341 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 24 June 2009 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 9342 LEGISLATIVE COUNCIL ─ 24 June 2009 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG LEGISLATIVE COUNCIL ─ 24 June 2009 9343 THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. THE HONOURABLE TANYA CHAN DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE WONG YUK-MAN THE HONOURABLE IP WAI-MING, M.H. 9344 LEGISLATIVE COUNCIL ─ 24 June 2009 THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. MEMBERS ABSENT: DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, J.P. THE FINANCIAL SECRETARY THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH MS FLORENCE HUI HIU-FAI, J.P. SECRETARY FOR HOME AFFAIRS LEGISLATIVE COUNCIL ─ 24 June 2009 9345 PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING MR GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR RAYMOND TAM CHI-YUEN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 9346 LEGISLATIVE COUNCIL ─ 24 June 2009 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Electoral Affairs Commission (Electoral Procedure) (Legislative Council) (Amendment) Regulation 2009........................................................................ 130/2009 Electoral Affairs Commission (Electoral Procedure) (District Councils) (Amendment) Regulation 2009........................................................................ 131/2009 Electoral Affairs Commission (Electoral Procedure) (Election Committee) (Amendment) Regulation 2009........................................................................ 132/2009 Electoral Procedure (Chief Executive Election) (Amendment) Regulation 2009.............................. 133/2009 Electoral Procedure (Village Representative Election) (Amendment) Regulation 2009.............................. 134/2009 Other Papers No. 97 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2008 No. 98 ─ Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2008 No. 99 ─ Airport Authority Hong Kong Annual Report 2008/09 Report of the Finance Committee on the examination of the Estimates of Expenditure 2009-2010 LEGISLATIVE COUNCIL ─ 24 June 2009 9347 Report of the Panel on Housing 2008-2009 Report of the Panel on Security 2008-2009 Report of the Panel on Food Safety and Environmental Hygiene 2008-2009 Report of the Panel on Education 2008-2009 Report of the Panel on Welfare Services 2008-2009 Report of the Bills Committee on Voting by Imprisoned Persons Bill ADDRESSES PRESIDENT (in Cantonese): Addresses. Mrs Sophie LEUNG will address the Council on the Independent Commission Against Corruption Complaints Committee Annual Report 2008. Independent Commission Against Corruption Complaints Committee Annual Report 2008 MRS SOPHIE LEUNG (in Cantonese): President, as a member of the Independent Commission Against Corruption Complaints Committee (the Committee), I hereby table the Independent Commission Against Corruption Complaints Committee Annual Report 2008 on behalf of the Committee. This is the Fourteenth Report published by the Committee which provides an account of the work of the Committee for the year 2008. The Committee's major responsibility is to monitor, and where it considers appropriate to review, the handling by the Independent Commission Against Corruption (ICAC) of non-criminal complaints by anyone against the ICAC and its officers. To enhance public understanding of the complaint handling mechanism, the report explains in detail the function and mode of operation of the Committee. In the year 2008, the Committee held three meetings to consider papers and reports on 22 complaints comprising 46 allegations. In respect of the three 9348 LEGISLATIVE COUNCIL ─ 24 June 2009 allegations in two complaints found to be substantiated, the relevant ICAC officers were already given appropriate advice. Through examination of the complaints and relevant issues, the Committee has carefully scrutinized the relevant ICAC's internal procedures, guidelines and practices to see whether they need to be updated, with a view to making improvements. The publication of annual report enables the Committee to brief the public on its work on a regular basis. It can also enhance the accountability and transparency of the Committee's work. Should Members have any comments on it, they are welcome to forward their views to the Secretary of the Committee. The support of this Council and members of the public to the work of the Committee is very much appreciated. Thank you, President. PRESIDENT (in Cantonese): Mr CHAN Kam-lam will address the Council on the Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2008 Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2008 MR CHAN KAM-LAM (in Cantonese): President, as a member of the Advisory Committee on Corruption, I have great honour to table the Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2008 to Members who are present here today. In 2008, the Independent Commission Against Corruption (ICAC) continued to adopt its three-pronged strategy of law enforcement, prevention and community education to use endeavours to discharge its statutory duty in the fight against corruption, whilst Members of the community continued to express trust and support in the ICAC. It was believed that the anticipated effect of the global financial crisis has yet to sink in, the number of corruption reports stood at 3 377 in 2008, a slight decrease of 6% over 3 600 in the previous year; amongst them, the number of pursuable reports was 2 621, or 78% of the total, a drop of 5% over that recorded LEGISLATIVE COUNCIL ─ 24 June 2009 9349 in 2007. Nevertheless, the case-based conviction rate was as high as 87%, with a 2% increase over 2007, making corruption indeed a high-risk proposition. The proportion of non-anonymous reports rose to a record 74% in recent years, indicative of the disdain the community had for corruption and the trust citizens held in the work of the Commission. In 2008, reports concerning the public sector maintained a downward trend, with 1 189 complaints, 3% less than 2007, and accounted for 35% of the total. Private sector corruption accounted for 65% of the total at 2 188, although it was a decrease of 8% over the previous year, it became increasingly complex and sophisticated. Building management remained a prime concern with 943 reports or 43% of all private sector complaints. To tackle the relevant corruption problems, the ICAC joined forces with relevant government departments and related professional bodies in May to launch a territory wide publicity programme with the aid of a "Building Management Toolkit" for use by its primary targets of 8 000 owners' corporations.
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