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Official Record of Proceedings LEGISLATIVE COUNCIL ─ 19 December 2012 3829 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 19 December 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 THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE EMILY LAU WAI-HING, 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 TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. 3830 LEGISLATIVE COUNCIL ─ 19 December 2012 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 WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., 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 KWOK-KIN, B.B.S. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP LEGISLATIVE COUNCIL ─ 19 December 2012 3831 THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK 3832 LEGISLATIVE COUNCIL ─ 19 December 2012 THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE WONG YUK-MAN DR THE HONOURABLE KENNETH CHAN KA-LOK LEGISLATIVE COUNCIL ─ 19 December 2012 3833 PUBLIC OFFICERS ATTENDING: THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION AND SECRETARY FOR HOME AFFAIRS THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE PAUL TANG KWOK-WAI, J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT 3834 LEGISLATIVE COUNCIL ─ 19 December 2012 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 19 December 2012 3835 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Minimum Wage Ordinance (Amendment of Schedule 3) Notice 2012 ............................................................. 186/2012 Employment Ordinance (Amendment of Ninth Schedule) Notice 2012 ............................................................. 187/2012 Telecommunications (Carrier Licences) (Amendment) Regulation 2012 ...................................................... 188/2012 Clubs (Safety of Premises) (Exclusion) (Amendment) Order 2012 .............................................................. 189/2012 Other Papers No. 39 ─ Queen Elizabeth Foundation for the Mentally Handicapped Report and Accounts 2011-2012 No. 40 ─ Equal Opportunities Commission Annual Report 2011/12 No. 41 ─ The Accounts of the Lotteries Fund 2011-12 No. 42 ─ Social Work Training Fund Fifty-first Annual Report by the Trustee for the year ending on 31 March 2012 No. 43 ─ Broadcasting Authority Annual Report 2010-2012 (1 September 2010 ― 31 March 2012) No. 44 ─ The Legislative Council Commission Annual Report 2011-2012 3836 LEGISLATIVE COUNCIL ─ 19 December 2012 No. 45 ─ Fish Marketing Organization Financial statements for the year ended 31 March 2012 No. 46 ─ Vegetable Marketing Organization Financial statements for the year ended 31 March 2012 No. 47 ─ Marine Fish Scholarship Fund Report for the period from 1 April 2011 to 31 March 2012 No. 48 ─ Report of the Independent Police Complaints Council 2011/12 No. 49 ─ Office of the Privacy Commissioner for Personal Data, Hong Kong 2011-12 Annual Report No. 50 ─ Grantham Scholarships Fund Report of the Grantham Scholarships Fund Committee on the Administration of the Fund for the year ended 31 August 2012 No. 51 ─ Brewin Trust Fund Report of the Brewin Trust Fund Committee on the Administration of the Fund for the year ended 30 June 2012 No. 52 ─ The Sir Murray MacLehose Trust Fund Trustee's Report for the period of 1 April 2011 to 31 March 2012 No. 53 ─ Chinese Temples Fund Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2012 No. 54 ─ General Chinese Charities Fund Report of the Chinese Temples Committee on the Administration of the Fund for the year ended 31 March 2012 LEGISLATIVE COUNCIL ─ 19 December 2012 3837 No. 55 ─ Police Welfare Fund Annual Report 2011/2012 No. 56 ─ Annual Report on the Police Children's Education Trust and the Police Education and Welfare Trust 2011/2012 Report No. 8/12-13 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Address. Dr Joseph LEE will address the Council on the "Report of the Independent Police Complaints Council 2011/12". Report of the Independent Police Complaints Council 2011/12 DR JOSEPH LEE (in Cantonese): President, on behalf of the Independent Police Complaints Council (IPCC) I present its third Report after incorporation in 2009. This Report covers the financial year ending 31 March 2012. In the year 2011-2012, the IPCC scrutinized and endorsed the findings of 3 145 complaint cases involving 6 239 allegations, a decrease of 20.7% and 13.1% respectively over the previous year. During this period, the three most common allegations were "Neglect of Duty" (with 2 910 counts), "Misconduct/Improper Manner/Offensive Language" (with 2 271 counts) and "Assault" (with 417 counts). These three types of allegations accounted for 89.7% of all allegations made in 2011-2012. In 2011-2012, 1 829 allegations were fully investigated. Of these, 98 were classified as "Substantiated"; 80 "Substantiated Other Than Reported"; 54 "Not Fully Substantiated"; 884 "Unsubstantiated"; 596 "No Fault" and 117 "False". These figures also include 154 allegations of which classification was changed from that earlier conducted by the police following queries raised by the IPCC. In 2011-2012, the IPCC has raised a total of 1 153 query points and suggestions in respect of the cases endorsed. Out of these query points, the police accepted 662 of them. 3838 LEGISLATIVE COUNCIL ─ 19 December 2012 Under the Observers Scheme, 2 021 observations were conducted in 2011-2012, an increase of 2.4% over the previous year. During the reporting period, the IPCC has also interviewed 13 persons to seek clarification from them on matters relating to the investigation reports. While continuing to ensure thoroughness and fairness in the investigation to both complainants and complainees, the IPCC has also endeavored to improve the efficiency of the complaint case review process. The average number of days required to review an investigated case has dropped from 145 days in 2010-2011 to 86 days in 2011-2012. This significant improvement is a result of streamlining the vetting procedures within the IPCC Secretariat since early 2011. In addition, the IPCC is committed to strengthening its communications network by proactively engaging with its stakeholders and the media.
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