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LEGISLATIVE COUNCIL ─ 3 March 2011 6399 OFFICIAL RECORD OF PROCEEDINGS Thursday, 3 March 2011 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., 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. 6400 LEGISLATIVE COUNCIL ─ 3 March 2011 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. 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, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 3 March 2011 6401 THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. 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, J.P. 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. 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 IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. 6402 LEGISLATIVE COUNCIL ─ 3 March 2011 DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN PUBLIC OFFICERS ATTENDING: THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MISS ADELINE WONG CHING-MAN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: 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 MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 3 March 2011 6403 BILLS Committee Stage CHAIRMAN (in Cantonese): Good morning. The Council now resumes. We have reached page 13 of the script. CLERK (in Cantonese): Clause 6. CHAIRMAN (in Cantonese): Dr Margaret NG has given notice to move an amendment to clause 6 to amend the proposal made in the Bill in respect of adding section 2A of the Schedule to the Chief Executive Election Ordinance. CHIEF EXECUTIVE ELECTION (AMENDMENT) BILL 2010 DR MARGARET NG (in Cantonese): Chairman, this new clause simply seeks to serve as a "transitional provision", specifying the composition of the 10 seats to be added to the fourth sector of the Election Committee during the interim period before Legislative Council seats are increased to 70 seats. While the Government proposed to allocate these 10 seats to people of different political backgrounds, I proposed in my amendment to allocate the 10 seats entirely to District Council (DC) members; the basis and principle are the same as those proposed in the amendment yesterday and the purpose is to allocate the additional seats of the fourth sector to elected DC members. I hope Mr IP Kwok-him will support my amendment after pondering it over the night. Thank you, Chairman. Proposed amendments Clause 6 (See Annex I) 6404 LEGISLATIVE COUNCIL ─ 3 March 2011 CHAIRMAN (in Cantonese): Members may now debate the original provision and the amendment jointly. CHAIRMAN (in Cantonese): Does any Member wish to speak? MR IP KWOK-HIM (in Cantonese): I wish to make a simple response. After pondering over Dr Margaret NG's amendment, I still oppose it. Thank you, Chairman. CHAIRMAN (in Cantonese): Does any other Member wish to speak? (No Member indicated a wish to speak) SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): Chairman, we have scrutinized the 10 "Special Member" seats in detail. These 10 "Special Member" seats are indispensible, which ensure that appropriate arrangement will be made to facilitate the formation of the 1 200-member Election Committee (EC) in accordance with the stipulations of the Basic Law. Due consideration has also been given to members coming from different sectors, be they elected DC members who represent the community, or members of the Chinese People's Political Consultative Conference (CPPCC) and the Heung Yee Kuk (HYK), so that it is possible for them to continue to participate in the work of the EC under the principle of balanced participation. Chairman, in respect of the overall arrangement of the fourth sector, the elected DC members will take up a very large percentage of the EC membership. Among the 300 seats in our original proposal, 117 seats will be allocated to DC members elected from among elected DC members. In respect of the 10 "Special Member" seats, we have decided to allocate four seats to elected DC members, two seats to the HYK and four seats to members of the CPPCC. The "4:2:4" ratio is based on the ratio of members of DCs, the HYK and the CPPCC in the fourth sector of the original 800-member EC. The present arrangement is thus logical. I certainly respect the different views expressed by Members in LEGISLATIVE COUNCIL ─ 3 March 2011 6405 this Council for discussion. However, the Government prefers to retain its original proposal. CHAIRMAN (in Cantonese): Dr Margaret NG, do you wish to speak again? DR MARGARET NG (in Cantonese): Chairman, I do not know if it is the Government's novel idea to give handouts to people by launching provisional measures and then take them back in the following year. The same idea applies to this transitional provision. According to my previous amendment and this amendment, the 100 additional EC seats will all be allocated to DC members, with more seats allocated to DC members the better. However, the Government's approach during the transitional period is to allocate some seats to each sector and then take the seats back at a later stage. The seats to be allocated to members of the CPPCC are not permanent. When the 10 additional seats of the Legislative Council are returned by election, those EC seats shall be returned to the Legislative Council Members. It is thus an illogical arrangement. Having said that, Chairman, I am aware of the chaotic approach of the Government. Mr IP Kwok-him might have slept soundly last night, but could government officials sleep soundly last night? Very unlikely, I believe. Chairman, I had better not waste Members' time. CHAIRMAN (in Cantonese): I now put the question to you and that is: That the amendment moved by Dr Margaret NG be passed. Will those in favour please raise their hands? (Members raised their hands) CHAIRMAN (in Cantonese): Those against please raise their hands. (Members raised their hands) 6406 LEGISLATIVE COUNCIL ─ 3 March 2011 Dr Margaret NG rose to claim a division. CHAIRMAN (in Cantonese): Dr Margaret NG has claimed a division. The division bell will ring for three minutes. (A quorum was not present in the Chamber) CHAIRMAN (in Cantonese): Clerk, please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) CHAIRMAN (in Cantonese): Will Members please proceed to vote. CHAIRMAN (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed. Functional Constituencies: Dr Margaret NG, Ms LI Fung-ying and Mr CHEUNG Kwok-che voted for the amendment. Dr Raymond HO, Mrs Sophie LEUNG, Dr Philip WONG, Mr WONG Yung-kan, Mr LAU Wong-fat, Ms Miriam LAU, Mr Tommy CHEUNG, Mr Vincent FANG, Mr Andrew LEUNG, Prof Patrick LAU, Dr LAM Tai-fai, Mr Paul CHAN, Mr CHAN Kin-por, Mr IP Kwok-him and Dr PAN Pey-chyou voted against the amendment. LEGISLATIVE COUNCIL ─ 3 March 2011 6407 Geographical Constituencies: Mr Fred LI, Ms Emily LAU, Ms Audrey EU and Mr Ronny TONG voted for the amendment.
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  • C O N T E N T S President's Foreword Group Photo Of

    C O N T E N T S President's Foreword Group Photo Of

    C O N T E N T S PRESIDENT'S FOREWORD GROUP PHOTO OF MEMBERS MAJOR EVENTS IN PICTURES CHAPTER 1 The Legislative Council Powers and Functions Composition CHAPTER 2 Legislative Council Meetings Tabling of Subsidiary Legislation and Other Papers Questions Statements Bills Motions Policy Address Debate Budget Debate Other Debates Chief Executive's Question and Answer Sessions Address by the Chief Executive CHAPTER 3 Committees Finance Committee Public Accounts Committee Committee on Members' Interests House Committee - Other Subcommittees of the House Committee Committee on Rules of Procedure Bills Committees and Subcommittees on Subsidiary Legislation Panels CHAPTER 4 Redress System Analysis of Significant Cases Dealt With Other Significant Cases CHAPTER 5 Liaison Parliamentary Liaison Subcommittee Luncheons with Consuls-General Contact with District Councils Contact with Heung Yee Kuk Visitors CHAPTER 6 Support Services for Members The Legislative Council Commission The Legislative Council Secretariat A P P E N D I C E S APPENDIX 1 Composition of the Legislative Council APPENDIX 2 Members' Biographies APPENDIX 3 Bills Passed APPENDIX 4 Motion Debates Held APPENDIX 5 Membership of Legislative Council Committees (By Committtees and By Members) APPENDIX 6 Statistical Breakdown of all Concluded Cases under the Legislative Council Redress System in the 2007-2008 Session APPENDIX 7 The Legislative Council Commission and its Committees APPENDIX 8 Organization Chart of the Legislative Council Secretariat P R E S I D E N T ' S F O R E W O R D The 2007-2008 session of the Third Legislative Council was meaningful and memorable. Not only was it the last legislative year of the term, it was also the last for me as President of the Legislative Council.