LEGISLATIVE COUNCIL ─ 20 January 2010 4275 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 20 January 2010 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. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 4276 LEGISLATIVE COUNCIL ─ 20 January 2010 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, 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, S.B.S., 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. LEGISLATIVE COUNCIL ─ 20 January 2010 4277 THE HONOURABLE LEUNG KWOK-HUNG 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 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. 4278 LEGISLATIVE COUNCIL ─ 20 January 2010 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. PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.M., G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS 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 PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE MRS RITA LAU NG WAI-LAN, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT LEGISLATIVE COUNCIL ─ 20 January 2010 4279 CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 4280 LEGISLATIVE COUNCIL ─ 20 January 2010 PRESIDENT (in Cantonese): A quorum is not present. Clerk, please ring the bell to summon Members to the Chamber. (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 pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Energy Efficiency (Labelling of Products) Ordinance (Amendment of Schedule 1) Order 2009 (Commencement) Notice ....................................... 2/2010 Energy Efficiency (Labelling of Products) Ordinance (Amendment of Schedules) Order 2009 (Commencement) Notice ....................................... 3/2010 Foreign Lawyers Registration (Amendment) Rules 2009 (Commencement) Notice ....................................... 4/2010 Other Papers No. 57 ─ Legal Aid Services Council Annual Report 2008-2009 No. 58 ─ Employees' Compensation Insurance Levies Management Board Annual Report 2008/09 No. 59 ─ Employees Compensation Assistance Fund Board Annual Report 2008-2009 No. 60 ─ Occupational Deafness Compensation Board Annual Report 2008-2009 LEGISLATIVE COUNCIL ─ 20 January 2010 4281 No. 61 ─ Pneumoconiosis Compensation Fund Board Annual Report 2008 No. 62 ─ Hospital Authority Annual Report 2008-2009 No. 63 ─ Samaritan Fund Statement of Accounts, Report of the Director of Audit on the Statement and Report on the Samaritan Fund for the year ended 31 March 2009 Report of the Bills Committee on Legal Practitioners (Amendment) Bill 2009 Report of the Bills Committee on Telecommunications (Amendment) Bill 2009 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Chinese Language Proficiency Requirements for Entry to Civil Service 1. MR IP KWOK-HIM (in Cantonese): At present, the appointment requirements for most civil service posts stipulate that the applicants must meet the Chinese and English language proficiency requirements (LPRs). Quite a number of Hong Kong permanent residents who are South Asians have relayed to me that they were not offered appointment to the Civil Service because they failed to meet the Chinese LPRs. In this connection, will the Government inform this Council: (a) among those persons applying for civil service vacancies at junior, middle and senior ranks in the recent three years, of the respective numbers of Hong Kong permanent residents of South Asian descent who had been appointed and rejected; (b) whether any of the permanent residents of South Asian descent in (a) were not appointed solely because their Chinese language 4282 LEGISLATIVE COUNCIL ─ 20 January 2010 proficiency did not meet the appointment requirements; if not, of the reasons why they were not appointed; and (c) of the details of the amendments made by the Government since the reunification in respect of the Chinese LPRs for appointment as civil servants (including expatriate civil servants) at different levels? SECRETARY FOR THE CIVIL SERVICE (in Cantonese): President, as stipulated in Article 9 of the Basic Law and section 3 of the Official Languages Ordinance (Cap. 5), both Chinese and English are the official languages of the Hong Kong Special Administrative Region (SAR). Sorry, President, I have forgotten to put on the microphone. While some 95% of our population are Chinese, the SAR is also a cosmopolitan city and a centre of trade, commerce and finance. It is the Government's policy to maintain a fully biliterate (Chinese and English) and trilingual (Cantonese, Putonghua and English) Civil Service to support the SAR's continued development and to ensure effective communication with the general public. Under this policy and as a general rule, all written materials meant for the public, such as government reports, forms, pamphlets, booklets, posters, notices, signs, and so on, are issued in both Chinese and English. Verbal and written government announcements intended for the general public, such as radio and television advertisements and announcements made at large-scale outdoor events, as well as the Government's Internet homepages are bilingual. It is the practice of bureaux and departments to reply to members of the public in either Chinese or English, depending on the language of the incoming correspondence. Frontline staff are also expected to answer enquiries and offer assistance in Cantonese, English or Putonghua. Given the importance of maintaining effective bilingual communications, it is necessary to specify the appropriate Chinese and English LPRs for appointments to different grades in the Civil Service. Against the above backdrop, with regard to part (a) of the question, it is the aim of the Government, being an equal opportunities employer, to appoint the best person for the job on the basis of merit. Appointment to the Civil Service is based on open and fair competition. In assessing applicants' suitability for taking up civil service jobs, the recruiting bureaux and departments will take into account academic or professional qualifications, technical skills, work LEGISLATIVE COUNCIL ─ 20 January 2010 4283 experience, language proficiency, and other qualities or attributes as may be required for particular jobs. Race is not a relevant consideration in the selection process. We do not ascertain the race of civil service job applicants in the recruitment process. Hence there is no available information on the number of Hong Kong permanent residents of South Asian descent who had been appointed to the Civil Service and those whose applications were unsuccessful. With regard to part (b) of the question, as it is not our current practice to ascertain the race of civil service job applicants in the recruitment process, we do not have information on the number of permanent residents of South Asian descent who were not appointed to the Civil Service solely because their Chinese language proficiency did not meet the appointment requirements.