OFFICIAL RECORD of PROCEEDINGS Wednesday, 16 November 2011 the Council Met at Eleven O'clock
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LEGISLATIVE COUNCIL ─ 16 November 2011 1979 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 16 November 2011 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. 1980 LEGISLATIVE COUNCIL ─ 16 November 2011 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 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. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. LEGISLATIVE COUNCIL ─ 16 November 2011 1981 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 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. 1982 LEGISLATIVE COUNCIL ─ 16 November 2011 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 MEMBER ABSENT: THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT LEGISLATIVE COUNCIL ─ 16 November 2011 1983 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 1984 LEGISLATIVE COUNCIL ─ 16 November 2011 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: No. 28 ─ Hong Kong Science and Technology Parks Corporation Annual Report, Report of the Directors and Financial Statements 2010/2011 No. 29 ─ Hong Kong Productivity Council Annual Report 2010-2011 No. 30 ─ Report of changes made to the approved Estimates of Expenditure during the second quarter of 2011-12 Public Finance Ordinance: Section 8 No. 31 ─ Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2011 No. 32 ─ Report No. 57 of the Director of Audit on the results of value for money audits ― October 2011 No. 33 ─ Accounts of the Government for the year ended 31 March 2011 Report of the Committee on Members' Interests on its consideration of complaints against Hon Timothy FOK, Hon Mrs Sophie LEUNG , Hon Andrew LEUNG , Hon CHIM Pui-chung, Dr Hon Philip WONG and Hon IP Kwok-him LEGISLATIVE COUNCIL ─ 16 November 2011 1985 ADDRESSES PRESIDENT (in Cantonese): Address. Ms Emily LAU will address the Council on the "Report of the Committee on Members' Interests on its consideration of complaints against Mr Timothy FOK, Mrs Sophie LEUNG, Mr Andrew LEUNG, Mr CHIM Pui-chung, Dr Philip WONG and Mr IP Kwok-him". Report of the Committee on Members' Interests on its consideration of complaints against Hon Timothy FOK, Hon Mrs Sophie LEUNG, Hon Andrew LEUNG, Hon CHIM Pui-chung, Dr Hon Philip WONG and Hon IP Kwok-him MS EMILY LAU (in Cantonese): President, on behalf of the Committee on Members' Interests (CMI), I will present the report prepared by the CMI to the Legislative Council. This report seeks to explain the CMI's conclusions and recommendations on two complaints against Mr Timothy FOK, Mrs Sophie LEUNG, Mr Andrew LEUNG, Mr CHIM Pui-chung, Dr Philip WONG and Mr IP Kwok-him. President, to begin with, I would like to explain why I was tasked with chairing the meetings held to consider the complaints against these six Members. Pursuant to Paragraph (25) of the "Procedure of the Committee on Members' Interests for handling complaints received in relation to the registration or declaration of Members' interests or Members' claims for reimbursement of operating expenses" (the Procedure), no member of the Committee shall participate as a member of the Committee in the handling of a complaint or in the meetings of the Committee to deliberate on or inquire into a complaint where the complaint was made by or against him. As Mrs Sophie LEUNG, Chairman of the CMI, is one of the Members under complaint, in accordance with Paragraph (2) of the Procedure, I as Deputy Chairman of the CMI was tasked with chairing all the meetings held in relation to the complaints against the six Members. 1986 LEGISLATIVE COUNCIL ─ 16 November 2011 President, the Clerk to CMI received complaints from two members of the public on 28 April and 5 May 2011 respectively in relation to press reports in the Ming Pao Daily News on 26 and 27 April 2011 alleging that the six Members had failed to register their remunerated directorships and their shareholdings of more than 1% of the issued share capital of companies and had breached the Guidelines on Registration of Interests. Expressing concern about these failures of registration, the complainants requested the Legislative Council to conduct an investigation and report to the public. President, under Rule 83 of the Rules of Procedure (RoP), every Member shall, not later than the first meeting of each term, furnish to the Clerk to the Legislative Council (the Clerk), in the Registration Form on Members' Interests (Registration Form) approved by the President of the Legislative Council, particulars of his registrable interests. Rule 83 of the RoP further provides that every Member shall furnish to the Clerk particulars of any change in such registrable interests, within 14 days (the specified period) of any such change. Under Rule 83(5)(a) of the RoP, "registrable interests" means remunerated directorships of companies, public or private, and if the company concerned is a subsidiary of another company within the meaning of the Companies Ordinance (Cap. 32), also the name of that other company. Furthermore, Rule 83(5)(h) of the RoP also provides that "registrable interests" should include companies or other bodies in which the Member has either himself or with or on behalf of his spouse or infant children, shareholdings of a nominal value greater than 1% of the issued share capital. Pursuant to these rules, the CMI has held a total of five meetings in camera for examination and detailed consideration. President, with respect to the complaint against Mr Timothy FOK, the CMI noted Mr FOK's failure to register his remunerated directorship in SJM Holdings Ltd. with the Clerk within the specified period, as required under the RoP. Nor had he de-registered his shareholdings in Hsudia Jewelry Ltd. within 14 days of his ceasing to own any shares of the company. The CMI also noted that although Mr FOK had registered his shareholdings of a nominal value greater than 1% of the issued share capital of Riverfront Holdings Ltd. with the Clerk on 2 October 2008 before the first meeting of the current legislative term held on LEGISLATIVE COUNCIL ─ 16 November 2011 1987 8 October 2008 in accordance with Rule 83(1) of the RoP, he erroneously de-registered the interest on 4 May 2011 and did not re-register it until 12 July 2011.