LEGISLATIVE COUNCIL ― 24 November 2016 1309 OFFICIAL RECORD OF PROCEEDINGS Thursday, 24 November 2016 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 ABRAHAM SHEK LAI-HIM, G.B.S., J.P. 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, S.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, B.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. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 1310 LEGISLATIVE COUNCIL ― 24 November 2016 THE HONOURABLE LEUNG KWOK-HUNG# THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. 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 KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK WING-HANG 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 # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 24 November 2016 1311 THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. 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-FAI THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING 1312 LEGISLATIVE COUNCIL ― 24 November 2016 THE HONOURABLE TANYA CHAN 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 DR THE HONOURABLE YIU CHUNG-YIM# DR THE HONOURABLE LAU SIU-LAI# MEMBERS ABSENT: DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE FRANKIE YICK CHI-MING, J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE SHIU KA-CHUN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE KENNETH LAU IP-KEUNG, M.H., J.P. THE HONOURABLE NATHAN LAW KWUN-CHUNG# # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 24 November 2016 1313 PUBLIC OFFICERS ATTENDING: DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE LAU KONG-WAH, J.P. SECRETARY FOR HOME AFFAIRS MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 1314 LEGISLATIVE COUNCIL ― 24 November 2016 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Good morning. Council will now continue with the debate on the motion "Vigorously promoting healthy market competition to counteract the market dominance of Link REIT". Secretary for Food and Health, please speak. VIGOROUSLY PROMOTING HEALTHY MARKET COMPETITION TO COUNTERACT THE MARKET DOMINANCE OF LINK REIT Continuation of debate on motion which was moved on 23 November 2016 SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, first of all, I would like to thank Ms YUNG Hoi-yan for proposing this motion debate, the five Members who have moved amendments and the other many Members who have spoken, as they have provided us with views for reference. Let me give a brief response to the salient points made by Members. First of all, although some members of society (including some Members) regard seeking maximum profits by commercial organizations as a matter of course, I take exception to it. I believe operators of commercial organizations should also have regard for corporate social responsibility. In other words, they should not be solely oriented towards commercial decisions to the neglect of the needs of various stakeholders in society. On this premise, I would like to respond to a few salient points made by Members. Firstly, concerning public markets, in particular new public markets, as there are many uncertain factors in private markets operated by Link REIT and other private operators, the Government believes that public market facilities should be appropriately enhanced. This includes construction of new markets and enhancement of facilities in existing public markets. In the next 10 years, the Tung Chung New Town Extension Area and Hung Shui Kiu New Development Area will be the two largest new development areas. The Government is identifying suitable sites in these two areas for the construction of new public markets. We expect the two new public markets to be strategically located at mass transit points and therefore developed into cross-district leading LEGISLATIVE COUNCIL ― 24 November 2016 1315 markets through transport connections. They will thus not only serve the Tung Chung New Town Extension Area and Hung Shui Kiu New Development Area, but also the entire Tung Chung and Tin Shui Wai areas. Secondly, concerning existing markets, as explained at an earlier Council meeting, we have commissioned a consultancy to conduct a study on the existing market facilities. We are now consulting stakeholders of the relevant pilot markets on the recommendations made by the consultancy. The installation of air conditioning in existing markets has been the concern of many Members. I must point out in particular that at least nine public markets have already met the threshold. The Government is now conducting preliminary planning (including feasibility study) on these nine markets, before gradually advancing the plan of installation of air conditioning under its existing system. As for market management, I noted the different management models suggested by Members, including entrusting the management of markets to non-governmental organizations and statutory bodies. When taking forward the enhancement of market facilities and construction of new ones, the Government will explore the feasibility of different proposals to improve the operation or mode of operation of public markets. Some Members mentioned that the Government should revise the existing planning standards, so that all new development areas can be considered for the construction of public market. As Members all know, the previous planning standards, which used actual data such as population and number of households as the criteria, were revised to the existing planning standards which take account of a host of factors. I believe the existing planning standards offer more flexibility. For example, in some often-mentioned new towns, even if markets operated by Link REIT or other private operators already exist, factors of uncertainty can still appear due to their mode of operation. The existing planning standards are more flexible in that even though markets operated by Link REIT or other private operators already exist in those new towns, and even if the number meets the planning standards, we can still consider the need of building a new market in those areas in response to other factors of uncertainty. Therefore, I believe these standards are more flexible. I would also like to briefly talk about the bazaar policy. We are now actively taking it up with the 18 District Councils to follow up on any form of bazaar initiated by the district and we will continue to do so. Once a District 1316 LEGISLATIVE COUNCIL ― 24 November 2016 Council and local residents agree on the location and mode of operation, the Food and Health Bureau will assume a coordinating role in facilitating the establishment of these bazaars or market programmes with other government departments. Regarding competition law and the Competition Commission ("the Commission"), some Members mentioned that they hope the Commission can intervene and carry out an investigation. I would like to reiterate that the Home Affairs Bureau is prepared to convey the opinions of these Members to the Commission. However, as an independent statutory body, the Commission can decide whether it will conduct an investigation depending on the individual case in accordance with the law.