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Official Record of Proceedings LEGISLATIVE COUNCIL ― 18 June 2020 8559 OFFICIAL RECORD OF PROCEEDINGS Thursday, 18 June 2020 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 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, 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. 8560 LEGISLATIVE COUNCIL ― 18 June 2020 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 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 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, B.B.S., 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 DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. LEGISLATIVE COUNCIL ― 18 June 2020 8561 DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, S.B.S., 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, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. THE HONOURABLE SHIU KA-CHUN 8562 LEGISLATIVE COUNCIL ― 18 June 2020 THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBER ABSENT: THE HONOURABLE JAMES TO KUN-SUN LEGISLATIVE COUNCIL ― 18 June 2020 8563 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE TERESA CHENG YEUK-WAH, G.B.S., S.C., J.P. SECRETARY FOR JUSTICE THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE CHRISTOPHER HUI CHING-YU, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY CLERKS IN ATTENDANCE: MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 8564 LEGISLATIVE COUNCIL ― 18 June 2020 9:00 am Council then resumed. GOVERNMENT BILLS PRESIDENT (in Cantonese): This Council was adjourned at around 6:36 pm yesterday due to a lack of quorum. I now resume the meeting under Rules 17(6) and 14(4) of the Rules of Procedure to continue to deal with the unfinished business on the Agenda. We will continue with the Third Reading debate on the Copyright (Amendment) Bill 2019. Does any Member wish to speak? (Mr CHAN Chi-chuen indicated a wish to raise a point of order) PRESIDENT (in Cantonese): Mr CHAN Chi-chuen, what is your point of order? MR CHAN CHI-CHUEN (in Cantonese): I request a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) Third Reading of Government Bill COPYRIGHT (AMENDMENT) BILL 2019 PRESIDENT (in Cantonese): Secretary for Commerce and Economic Development, do you wish to speak again? (The Secretary for Commerce and Economic Development indicated that he did not need to speak again) LEGISLATIVE COUNCIL ― 18 June 2020 8565 PRESIDENT (in Cantonese): I now put the question to you and that is: That the Copyright (Amendment) Bill 2019 be read the Third time and do pass. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (No hands raised) Mr CHAN Chi-chuen rose to claim a division. PRESIDENT (in Cantonese): Mr CHAN Chi-chuen has claimed a division. The division bell will ring for five minutes. PRESIDENT (in Cantonese): Will Members please proceed to vote. PRESIDENT (in Cantonese): Will Members please check their votes. If there are no queries, voting shall now stop and the result will be displayed. Mr LEUNG Yiu-chung, Mr Abraham SHEK, Mr Tommy CHEUNG, Mr Jeffrey LAM, Mr WONG Ting-kwong, Ms Starry LEE, Mr CHAN Hak-kan, Mr CHAN Kin-por, Dr Priscilla LEUNG, Mr WONG Kwok-kin, Mrs Regina IP, Mr Paul TSE, Mr Steven HO, Mr Frankie YICK, Mr YIU Si-wing, Mr MA Fung-kwok, Mr Charles Peter MOK, Mr CHAN Chi-chuen, Mr LEUNG Che-cheung, Ms Alice MAK, Mr KWOK Wai-keung, Mr Christopher CHEUNG, Dr Fernando CHEUNG, Mr Martin LIAO, Mr POON Siu-ping, Dr CHIANG Lai-wan, Ir Dr LO Wai-kwok, Mr Alvin YEUNG, Mr Jimmy NG, Mr Holden CHOW, Mr SHIU Ka-fai, Mr SHIU Ka-chun, Mr Wilson OR, Mr CHAN Chun-ying, Mr CHEUNG Kwok-kwan, Mr LUK Chung-hung, Mr LAU Kwok-fan, Mr Kenneth LAU, Mr Vincent CHENG, Mr Tony TSE and Ms CHAN Hoi-yan voted for the motion. 8566 LEGISLATIVE COUNCIL ― 18 June 2020 THE PRESIDENT, Mr Andrew LEUNG, did not cast any vote. THE PRESIDENT announced that there were 42 Members present and 41 were in favour of the motion. Since the question was agreed by a majority of the Members present, he therefore declared that the motion was passed. CLERK (in Cantonese): Copyright (Amendment) Bill 2019. Second Reading of Government Bills Resumption of Second Reading Debate on Government Bill PRESIDENT (in Cantonese): This Council resumes the Second Reading debate on the Supplementary Appropriation (2018-2019) Bill. Stand-over item: Supplementary Appropriation (2018-2019) Bill (standing over from the meeting of 27 May 2020) SUPPLEMENTARY APPROPRIATION (2018-2019) BILL Resumption of debate on Second Reading which was moved on 30 October 2019 PRESIDENT (in Cantonese): Does any Member wish to speak? MR ALVIN YEUNG (in Cantonese): President, I speak against the Supplementary Appropriation (2018-2019) Bill ("the Bill"). According to section 9 of the Public Finance Ordinance (Cap. 2), "if at the close of account for any financial year it is found that expenditure charged to any head is in excess of the sum appropriated for that head by an Appropriation Ordinance, the excess shall be included in a Supplementary Appropriation Bill". I have proposed two amendments to the Bill to reduce respectively the supplementary appropriation for the Police Force and the Correctional Services Department, in the hope that abuses can be avoided. Regrettably, the LEGISLATIVE COUNCIL ― 18 June 2020 8567 Administration has, in accordance with the established practice, advised the Legislative Council President how my amendments should be dealt with. The Financial Services and the Treasury Bureau eventually opined that my amendments were not relevant to the subject matter of the Bill as they run contrary to and would change the fundamental principle of the Bill. Hence, my amendments violate Rule 57(4)(a) of the Rules of Procedure ("RoP") and should be inadmissible. President, after reading the letter repeatedly, I found that the subject matter they referred to is to seek approval for the supplementary appropriation of $36.753 billion, i.e. supplementary provisions for all departments in need. If any amendment will affect this appropriation of $36.753 billion, it may be inadmissible. If Members think that supplementary appropriations should not be provided to spendthrift government departments which waste public money and cause public outrage by their work performance, why are they not allowed to propose amendments? In fact, this is the function of the Legislative Council under Articles 73(2) and (3) of the Basic Law to examine and approve budgets. It is a pity that the authorities surprisingly think that appropriations must be approved and cannot be reduced. President, this Council passed the Appropriation Bill 2020, i.e.
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