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OFFICIAL RECORD of PROCEEDINGS Thursday, 28 June 2018 the Council Continued to Meet at Nine O'clock

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OFFICIAL RECORD of PROCEEDINGS Thursday, 28 June 2018 the Council Continued to Meet at Nine O'clock LEGISLATIVE COUNCIL ― 28 June 2018 13389 OFFICIAL RECORD OF PROCEEDINGS Thursday, 28 June 2018 The Council continued to meet at Nine 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 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. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. 13390 LEGISLATIVE COUNCIL ― 28 June 2018 THE HONOURABLE CLAUDIA MO 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, 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. 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, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. LEGISLATIVE COUNCIL ― 28 June 2018 13391 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-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. 13392 LEGISLATIVE COUNCIL ― 28 June 2018 THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG THE HONOURABLE LAU KWOK-FAN, M.H. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE AU NOK-HIN THE HONOURABLE VINCENT CHENG WING-SHUN, M.H. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. MEMBERS ABSENT: THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE SHIU KA-FAI THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. LEGISLATIVE COUNCIL ― 28 June 2018 13393 PUBLIC OFFICERS ATTENDING: THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING DR CHUI TAK-YI, J.P. UNDER SECRETARY FOR FOOD AND HEALTH DR RAYMOND SO WAI-MAN, B.B.S., J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MS ANITA SIT, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 13394 LEGISLATIVE COUNCIL ― 28 June 2018 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Good morning, this Council will continue to deal with the motion moved under the Legislative Council (Powers and Privileges) Ordinance. Ms Tanya CHAN, please speak. MOTION UNDER THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE Continuation of debate on motion which was moved on 27 June 2018 MS TANYA CHAN (in Cantonese): Good morning. I am the first Member to speak on the motion moved by Dr CHENG Chung-tai under the Legislative Council (Powers and Privileges) Ordinance ("the Ordinance") this morning. I have paid particular attention to the wordings of the motion which is mainly related to the alleged substandard construction works carried out at the new platforms of Hung Hom Station and other related matters. The Secretary is now present. I wonder if he attends the Legislative Council meeting today because he has learnt from the news report this morning that the Legislative Council started discussing this motion moved under the Ordinance yesterday. President, I know that Secretary Frank CHAN has a busy schedule, and I learn that the Secretary only knew about the To Kwa Wan Station incident from the media reports, and he also learnt from the media about the blunders at Exhibition Centre Station. It turns out that this is not the case because the blunders at Exhibition Centre Station were uncovered earlier. Since the media started to report on the blunders of the Shatin to Central Link ("SCL") on 30 May, incidents have happened one after another. Earlier in March this year, a problem concerning the connection of steel bars was found at the Hung Hom Tunnel. A tunnel below the funeral parlour in the vicinity of the Hung Hom Station platform was found to have serious water seepage problem. As the problem could not be rectified by various means, the concrete on the surface of the tunnel was removed, revealing the faulty connection of steel bars. Consequently, a 132-metre section of a diaphragm wall had been removed. If I LEGISLATIVE COUNCIL ― 28 June 2018 13395 remember correctly, a few defects were also found. The incident was reported in the press release of the MTR Corporation Limited ("MTRCL") in March this year. From yesterday to today, the most special development is that a key person, Mr POON (a member of the Liberal Party) of the China Technology Corporation Limited was exclusively interviewed in an online radio programme last night. For the first time, he talked in detail about what happened to him and such incidents had not―I highlight that they had not―been included in MTRCL's report that I have now in hand. Mr POON specifically pointed out that all his statements had not been included in the report. He further mentioned that he saw more than 17 steel bars being cut short. According to his understanding, the machine used to cut steel bars was not an ordinary machine. Workers have to use a special machine to speed up the cutting of steel bars. At present, many people have focused their attention on the cutting of steel bars but the selected committee that Dr CHENG Chung-tai requested to set up under the Ordinance will also inquire into other related matters. We will definitely support this motion. President, you may also notice that there is a similarity between the projects of SCL and the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL"). Both projects are carried out under entrustment agreements. The cost overrun of XRL in 2014 had caused project delay, but the Government was informed of the situation at a very late stage. Finally, an expert panel also led by Mr Justice Michael John HARTMANN was set up to conduct an investigation. Many pro-establishment Members and the Government are of the view that this motion is creating duplication. Since the Chief Executive has announced that an independent commission of inquiry ("the Commission of Inquiry") led by former Judge Mr Michael John HARTMANN would be set up under the Commissions of Inquiry Ordinance (Cap. 86) to investigate the incident, why should an investigation be conducted by the Legislative Council? First of all, at this moment we do not know the scope of inquiry of the Commission of Inquiry. Under Cap. 86, the Chief Executive in Council shall decide the scope of inquiry of the Commission of Inquiry. Will the scope be appropriate? I believe that it is totally inappropriate to have our hands tied so soon. Moreover, even if the Legislative Council sets up a select committee under the Ordinance, the scope of investigation will be highly flexible and we 13396 LEGISLATIVE COUNCIL ― 28 June 2018 will take the lead. Even if the scope of inquiry for the Government's Commission of Inquiry has been set, I absolutely believe that Legislative Council Members have the wisdom and capability to determine a scope of investigation that can avoid duplication and a waste of resources. If the Government really conducts an investigation under Cap. 86, I must clarify certain points. I have in hand a diagram showing the intricate relationship, and that is the entire monitoring system of SCL. MTRCL is on one side while the SAR Government is on the other and their relationship is even more complicated than spider webs. There are different reporting levels and an outsourced Monitoring and Verification ("M&V") Consultant. We learnt from the report that there is a consultant firm called Pypun Engineering Consultants Ltd., and there is a M&V consultant and another consultant with functions unknown. They have to meet with some committees, the Government and MTRCL once a month and some meetings are held once a quarter. The relationship between these bodies is really strange.
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