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Official Record of Proceedings LEGISLATIVE COUNCIL ─ 29 February 2012 6315 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 February 2012 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 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. 6316 LEGISLATIVE COUNCIL ─ 29 February 2012 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, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 29 February 2012 6317 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, J.P. 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. DR THE HONOURABLE PAN PEY-CHYOU 6318 LEGISLATIVE COUNCIL ─ 29 February 2012 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 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. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE MS JULIA LEUNG FUNG-YEE, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT LEGISLATIVE COUNCIL ─ 29 February 2012 6319 THE HONOURABLE EVA CHENG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE RAYMOND TAM CHI-YUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MS FLORENCE HUI HIU-FAI, J.P. UNDER SECRETARY FOR HOME AFFAIRS CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 6320 LEGISLATIVE COUNCIL ─ 29 February 2012 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members into the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): The meeting will now start. TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instrument L.N. No. Smoking (Public Health) (Designation of No Smoking Areas) (Amendment) Notice 2012 .................................... 29/2012 Other Papers No. 73 ─ Hong Kong Arts Development Council Annual Report 2010/11 No. 74 ─ The Hong Kong Academy for Performing Arts Annual Report 2010-2011 and financial statements together with the independent auditor's report for the year ended 30 June 2011 No. 75 ─ AIDS Trust Fund Financial statements together with the Report of the Director of Audit for the year ended 31 March 2011 No. 76 ─ Report on Activities of the Hong Kong Examinations and Assessment Authority and financial statements together with the independent auditor's report for the year ended 31 August 2011 Report No. 13/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments LEGISLATIVE COUNCIL ─ 29 February 2012 6321 QUESTIONS UNDER RULE 24(4) OF THE RULES OF PROCEDURE Acceptance of Passage and Discounts by Public Officers 1. MR ALBERT CHAN (in Chinese): President, it has been reported that on 21 February, the Chief Executive stayed overnight on board a super-yacht of a tycoon and returned to Hong Kong on it, and on 9 February, he travelled with more than 10 business celebrities to Phuket in Thailand for holiday and back to Hong Kong in a private jet provided by a tycoon and rented a penthouse in Shenzhen with a market value of HK$61.5 million from another tycoon as his residence after his departure from office. In response to the aforesaid reports, the Chief Executive responded that he had made payments to the super-yacht owner for using the super-yacht and also to the tycoon for using the private jet equivalent to the Hong Kong-Macao ferry fares and air fares, and that he paid market rent for the aforesaid flat. Given that quite a number of members of the public and civil servants are deeply perplexed by the behaviour of the Chief Executive in travelling on super-yacht and private jets provided by tycoons as well as renting a penthouse, and they are worried that there may have been transfer of benefits, will the Government, in order to address the concerns of the public and those of more than 160 000 civil servants, inform this Council: (a) whether acceptance by public officers of tycoons' invitation to travel on super-yachts and private jets is considered to be accepting an advantage under the Prevention of Bribery Ordinance (the Ordinance); if so, whether public officers making payments equivalent to the fares for similar journeys travelled via public transport constitutes reasonable excuse; (b) whether there is any law prohibiting public officers from receiving discounts in renting or purchasing flats from persons with whom they have official dealings, and whether such law is applicable to the Chief Executive; and (c) given that the existing general principles made by the Civil Service Bureau state that a civil servant "must not engage in activities or behaviour which may bring into question the impartiality of the Civil Service or bring the Service into disrepute", whether the Chief Executive has to observe such principles; if not, of the reasons why the civil servants are still required to observe such principles? 6322 LEGISLATIVE COUNCIL ─ 29 February 2012 SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Chinese): President, in response to recent reports about the Chief Executive accepting hospitality offered by his friends and the related discussions in the community, the Chief Executive has explained to the public by personally attending a radio programme and by issuing a press release via the Chief Executive's Office on 26 February (Sunday). To uphold accountability to the community and the spirit of transparency, the Chief Executive has agreed to attend a special Question and Answer Session in the afternoon of 1 March (Thursday), where he stands ready to address Members' questions on the events. Before answering the question from Member, the Administration would like to give accounts on behalf of the Chief Executive. First, the Chief Executive thanked the media for the reports and Members' questions, which shed light on and allow him to better understand that public servants must be "whiter than white". The Chief Executive has reflected deeply over the recent events again and again, and come to the conclusion that there is a gap between the current rules, with which he has faithfully complied, and the expectations of Hong Kong people. In consequence, there has been disappointment from the community. Noting the view of some sectors of the community that he should not have any association with people who might be considered "wealthy" or "rich", the Chief Executive wishes that the public can understand he has to get a full picture of what is happening in the community.
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