Annex 1 Hong Kong, 25 August 2020
Mr. Lo Kin-hei Chairman to the Southern District Council 1/F, Ocean Court, 3 Aberdeen Praya Road, Hong Kong By email : [email protected] Proposed agenda item for the 6th SDC meeting on 10 September 2020 The function and operation of the Southern District Council Dear Chairman, You will recall that following the 5th Southern District Council meeting, on 21 July 2020, I sent letters (see attached) to the Secretary of the Southern District Council and the Director of Home Affairs on your behalf. The Secretary had previously written, indicating a refusal to participate or provide the usual secretarial services with respect to the two items raised by members which you had decided were to be included in the agenda. One item was regarding alleged gambling in the Stanley Prison, and the other was regarding the handling of mentally incapacitated persons in Southern District by the Police, following an incident involving a Tin Wan resident. You will also recall that when, at the meeting, you invited the members raising those items to explain why they should be discussed, the District Officer stood up, reminded you of Government’s objection and then left the meeting, taking with him the Secretary and staff of the Council’s secretariat despite the insistence of members that they remain. Together with all members, we received a reply dated 17 August 2020 (also attached) from Ms Judy Moy for the Director of Home Affairs and for the Secretary of the Southern District Council. I am very concerned that this disruption should not be repeated as it is in the interests of the people of the Southern District that all parties cooperate and act lawfully. Therefore, to assist the smooth running of future Southern District Council meetings I propose we discuss the functions and operation of the Southern District Council at our upcoming meeting, and specifically the main issues at hand: 1. The functions of the Council, 2. The approval of agenda items, 3. The duties of the Council’s Secretary, and 4. What response (if any) should be made to the letter from the Director of Home Affairs. With your permission, I recommend that the Secretary for Home Affairs and the Director of Home Affairs are invited to participate in our deliberations on this item. Attached please find copies of all relevant documents. Yours sincerely
Paul Zimmerman
cc. All Members of the Southern District Council; Secretariat of the Southern District Council Enclosures: 1. Letter of Mr PANG Cheuk-kei, Michael (member for Stanley & Shek O) of 9 June 2020; 2. Letter of Miss YUEN Ka-wai, Tiffany (member for Tin Wan) of 14 June 2020; 3. Emails (2) of the Secretariat of the Southern District Council to the Chairman of 23 June 2020; 4. Emails (2) of the Chairman of the Southern District Council to the Secretariat of 24 June 2020; 5. Agenda for the 5th Meeting of the Southern District Council (2 July 2020); 6. Letter of the Director of Home Affairs to the Chairman of the Southern District Council of 9 July 2020; 7. Letter of the Vice Chairman of the Southern District Council to the Director of Home Affairs of 21 July 2020; 8. Letter of the Vice Chairman of the Southern District Council to the Southern District Council Secretariat of 21 July 2020; 9. Letter of the Southern District Officer to the Vice Chairman of the Southern District Council of 30 July 2020; 10. Letter of the Director of Home Affairs to the Vice Chairman of the Southern District Council of 17 August 2020.
(Translation) Appendix 1
Hong Kong Special Administrative Region of the People’s Republic of China Southern District Council Michael Pang
Mr. LO Kin-hei, Chairman of the Southern District Council, 1/F, Yat Kong House, 3 Praya Road, Aberdeen, Hong Kong
Chairman Lo:
To be included in the agenda of the Southern District Council meeting on July 2: Following up on alleged gambling among the correctional services officers and other illegal issues in Stanley Prison
According to a video widespread online and earlier media reports, several correctional services officers in uniform were playing with the fire extinguishers in the activity room while on duty, with a mah-jong table and several beer bottles and dice cups. It is reported that the incident occurred in mid-May, the scene shown in the video was Stanley Prison and the above- mentioned correctional services officers were alleged to be gambling and drinking. The Correctional Services Department is Hong Kong’s main disciplinary force, and one of its most important tasks is to assist inmates to rehabilitate themselves; however, the officers involved were suspected of gambling and drinking while on duty and could not a good role model for the inmates. When responding to media inquiries, the CSD stated that it had immediately launched an investigation into the incident when the video was discovered. If it is found that the correctional services officers have committed improper behaviour, they will follow up seriously. Since the Correctional Services Department is one of the important stakeholders in Southern District, and Stanley Prison is also an important community facility in Southern District, I would like to ask the following questions to request the Director of Correctional Services to explain to the public and Southern District Council: Firstly, does the Commissioner of Correctional Services believe that the conduct involved the crime of “misconduct in public office”? If the result of the internal investigation shows the incident involved misconduct of in public office, how will the Commissioner of Correctional Services punish the persons involved? Secondly, there have also been reports in the past that some correctional staff violently treated persons in custody, and in the videos there is a mah-jong table, beer and dice cups in the activity room. Can the staff of the Correctional Services Department drink or gamble during their rest period? Will the staff get drunk? Can’t use violence against inmates because they are drunk? Thirdly, what measures will the Commissioner of Correctional Services take to ensure that Stanley Prison, Tung Tau Correctional Institution, Pak Sha Wan Correctional Institution, and the 28 correctional facilities in Hong Kong will not have similar incidents again?
Southern District Councillor Michael Pang 9 June 2020 Stanley Office Address: No. 2, G/F, Chun Ma House, Ma Hang Village, Stanley Address: No. 2, G/F, Chun Ma House, Ma Hang Estate, Stanley Tel: 6764 6892 (Translation) Appendix 2
Letter from Tiffany Yuen (SDC for Tin Wan Estate to SDC Chair)
Southern District Council Chairman LO Kin-hei
Chairman Lo:
Request the Southern Police District to provide information on handling cases of mentally incapacitated persons
Persons with disabilities are stakeholders in the community, whether their rights can be protected depends upon cooperation between government departments. Elected District Councillors should monitor this situation. I have noticed that the police have notified the District Councillor, the Estate Management Advisory Committee and the public about crimes happening in the District, but there is no relevant information about how mentally incapacitated persons (MIP) are handled.
Earlier this month, there was an assault and criminal damage case in Tin Wan Estate which involved an MIP, and the incident raised concerns. Regarding how police officers on the frontline handle MIPs, I have the following queries for the government department:
1. Are there any guidelines for frontline police officers to identify MIPs as early as possible and communicate effectively with them? 2. How many MIP-related cases were handled in the Southern District between 2019 and 2020? 3. How does the police guarantee that MIPs’ rights are protected after arrest?
The Chairman is invited to accept this agenda and discuss it in depth at the meeting.
(sd.) Tiffany Yuen Southern District Councillor for Tin Wan
14 June 2020 Appendix 3
From: sdcadm [email protected] Subject: 2020 7 2 Discussion Paper for the 5th meeting of the Southern District Council (SDC) on 2 July 2020 Date: 23 June 2020 at 9:20 PM To: LO KIN HEI [email protected] Cc: CHAN HIN CHUNG [email protected], CHAN PING YEUNG [email protected], CHAN YAN YI [email protected], JONATHAN LEUNG CHUN [email protected], JONATHAN LEUNG CHUN [email protected], LAM ANDREW TAK WO [email protected], LAM HO POR KELVIN [email protected], LAM YUK CHUN [email protected], LI SHEE LIN [email protected], PANG CHEUK KEI MICHAEL [email protected], POON PING HONG [email protected], TSUI YUEN WA [email protected], WONG YUI HEI ANGUS [email protected], YIM CHUN HO [email protected], YU CHUN HEI JAMES [email protected], YUEN KA WAI TIFFANY [email protected], ZIMMERMAN PAUL [email protected], Denis Leung [email protected]
2020 7 2
( 547 ) 61(a) (i) (ii) (iii) (iv) 61(a)
6(5) 61
*** (Translation)
Dear Chairman,
The SDC Secretariat has received a paper submitted by member Miss YUEN Ka- wai, Tiffany, requesting discussion of an agenda item entitled “Request for Information on Cases Involving Mentally Incapacitated Persons Handled by the Southern Police Division” at the coming 5th SDC meeting on 2 July 2020.
Your attention is hereby drawn to section 61(a) of the District Councils Ordinance (Cap. 547), which stipulates that the functions of a District Council are to advise the Government (i) on matters affecting the well-being of the people in the District; (ii) on Government (i) on matters affecting the well-being of the people in the District; (ii) on the provision and use of public facilities and services within the District; (iii) on the adequacy and priorities of Government programmes for the District; and (iv) on the use of public funds allocated to the District for local public works and community activities. Owing to the fact that the agenda item proposed in the aforesaid paper is concerned about cases of mentally incapacitated persons handled by the Hong Kong Police Force, rather than a matter concerning Southern District at the district level, the Government has reservation about the proposed item as being related to the functions of a District Council set out in section 61(a) of the District Councils Ordinance.
According to Order 6(5) of the Southern District Council Standing Orders, the Chairman shall approve the agenda of a meeting of the Council and shall ensure that the agenda items are compatible with the functions of the Council as stipulated in section 61 of the District Councils Ordinance.
On the basis of the abovementioned, it is considered that the aforesaid paper should not be included as an agenda item of the SDC meeting. Please kindly review the subject matter with prudence and make a decision accordingly. Please also inform the Secretariat of your decision in writing so as to facilitate our follow-up action. If the agenda of a meeting contain any item which does not conform with the provisions of the District Councils Ordinance, the Secretariat shall not issue the relevant paper; meanwhile, neither staff members of the Secretariat nor officers of the other departments shall attend the meeting or participate in the discussion of the relevant paper.
Secretariat, Southern District Council From: sdcadm [email protected] Subject: 2020 7 2 Discussion Paper for the 5th meeting of the Southern District Council (SDC) on 2 July 2020 Date: 23 June 2020 at 9:17 PM To: LO KIN HEI [email protected] Cc: CHAN HIN CHUNG [email protected], CHAN PING YEUNG [email protected], CHAN YAN YI [email protected], JONATHAN LEUNG CHUN [email protected], JONATHAN LEUNG CHUN [email protected], LAM ANDREW TAK WO [email protected], LAM HO POR KELVIN [email protected], LAM YUK CHUN [email protected], LI SHEE LIN [email protected], PANG CHEUK KEI MICHAEL [email protected], POON PING HONG [email protected], TSUI YUEN WA [email protected], WONG YUI HEI ANGUS [email protected], YIM CHUN HO [email protected], YU CHUN HEI JAMES [email protected], YUEN KA WAI TIFFANY [email protected], ZIMMERMAN PAUL [email protected], Denis Leung [email protected]
2020 7 2
( 547 ) 61(a) (i) (ii) (iii) (iv) 61(a)
6(5) 61
*** (Translation)
Dear Chairman,
The SDC Secretariat has received a paper submitted by member Mr PANG Cheuk- kei, Michael, requesting discussion of an agenda item entitled “Seriously Follow up the Problem of Correctional Services Department Officers Suspected of having Committed Illegal Gambling and Other Offences in Stanley Prison” at the coming 5th SDC meeting on 2 July 2020.
Your attention is hereby drawn to section 61(a) of the District Councils Ordinance (Cap. 547), which stipulates that the functions of a District Council are to advise the (Cap. 547), which stipulates that the functions of a District Council are to advise the Government (i) on matters affecting the well-being of the people in the District; (ii) on the provision and use of public facilities and services within the District; (iii) on the adequacy and priorities of Government programmes for the District; and (iv) on the use of public funds allocated to the District for local public works and community activities. Owing to the fact that the agenda item proposed in the aforesaid paper is concerned about the overall routine management of the Correctional Services Department, rather than a matter concerning Southern District at the district level, the Government has reservation about the proposed item as being related to the functions of a District Council set out in section 61(a) of the District Councils Ordinance.
According to Order 6(5) of the Southern District Council Standing Orders, the Chairman shall approve the agenda of a meeting of the Council and shall ensure that the agenda items are compatible with the functions of the Council as stipulated in section 61 of the District Councils Ordinance.
On the basis of the abovementioned, it is considered that the aforesaid paper should not be included as an agenda item of the SDC meeting. Please kindly review the subject matter with prudence and make a decision accordingly. Please also inform the Secretariat of your decision in writing so as to facilitate our follow-up action. If the agenda of a meeting contain any item which does not conform with the provisions of the District Councils Ordinance, the Secretariat shall not issue the relevant paper; meanwhile, neither staff members of the Secretariat nor officers of the other departments shall attend the meeting or participate in the discussion of the relevant paper.
Secretariat, Southern District Council Appendix 4
Appendix 5
南區區議會(2020-2023)第 五 次 會議議程 Agenda for the 5 th Meeting of the Southern District Council (SDC) (2020-2023)
日期： 2020 年 7 月 2 日 (星期四 ) Date: 2 July 2020 (Thursday)
時間： 下 午 2 時 30 分 Time: 2:30 p.m.
地點： 香港香港仔海傍道 3 號 Venue: SDC Conference Room 逸港居一字樓 1/F, Ocean Court, 南區區議會會議 室 3 Aberdeen Praya Road, Aberdeen, Hong Kong
因應現時有關 2019 冠狀病毒病 的最新情況，是次 會議不向公眾人士開放， 以減少人群聚集帶來的風險 。 請出席的議員及傳媒人士自備口罩及食水 。 所有人士於進場前，均須在南區民政事務處職員的協助下量度體溫、填寫 健康申報表；以及申報 其本人是否正接受 14 天強制檢疫。
In view of the latest situation of the Coronavirus Disease 2019 (COVID-19), this meeting is not open to the public in order to reduce the risk of crowd gathering. DC members and media are advised to bring their own masks and water. Before entering the venue, all persons are subject to checking of body temperature with the assistance of the staff of Southern District Office, and are required to complete a health declaration form and declare whether he/she is under the 14-day compulsory quarantine.
議程 Agenda
第一部份 討論事項 Part I – Items for Discussion
一、 路政署 署 長與南區區 議會議員會面 1. Meeting of Director of Highways with SDC members
1 二、 通過於 2020 年 5 月 7 日 舉行的南區區議會第四 次會議記 錄初稿 2. Confirmation of the draft minutes of the 4th SDC meeting held on 7 May 2020
三、 修訂 2020 年南區區議會及屬下各委員會的會議時間表及 社 區參與計 劃 活動的截止申請日期 (議會文件 23/2020 號 ) 3. Revisions on the Schedule of Meetings for the Southern District Council and its Committees in 2020 and the Deadline for the Submission of Funding Applications for the Implementation of Community Involvement Projects (SDC Paper No. 23/2020)
四、 提名代表擔任屋宇署強制驗樓計劃及強制驗窗計劃選取目標樓宇諮 詢委員會委員 (議會文件 24/2020 號 ) 4. Nomination of Representative for Appointment to Selection Panel for Mandatory Building Inspection Scheme and Mandatory Window Inspection Scheme of the Buildings Department (SDC Paper No. 24/2020)
五、 邀請南區區議會擔任「香港同志遊行 2020」的支 持機構和在有關宣 傳活動及物品使 用南區區議會會徽事宜 (議會文件 25/2020 號 ) 5. Invitation to SDC to be a Supporting Organisation of the Event “Hong Kong Pride Parade 2020” and the Use of SDC Logo on the Related Publicity Activities and Items (SDC Paper No. 25/2020)
2 六、 要求活化南區歷史文化價值 (議會文件 26/2020 號 ) (此項議程由林玉珍女士 MH 及 梁進先生提出) 6. Request to Revitalise the Historical and Cultural Heritage of the Southern District (SDC Paper No. 26/2020) (Item raised by Ms LAM Yuk-chun, MH and Mr Jonathan LEUNG Chun)
七、 因地制宜的南區發展：香港仔漁市場改革建議 (議會文件 27/2020 號 ) (此項議程由陳衍冲先生提出) 7. Adopting a Policy for the Development of Southern District: Proposed Reform of Aberdeen Wholesale Fish Market (SDC Paper No. 27/2020) (Item raised by Mr CHAN Hin-chung)
八、 跟進海洋公園／珍寶海鮮舫及周邊地區的發展 (議會文件 28/2020 號 ) (此項議程由徐遠華先生提出) 8. Follow up the Development of Ocean Park / Jumbo Floating Restaurant and its Neighbourhood Areas (SDC Paper No. 28/2020) (Item raised by Mr TSUI Yuen-wa)
九、 嚴正跟進赤柱監獄有懲教人員涉聚賭及其他違法問題 (此項議程由彭卓棋先生提出) 9. Seriously Follow up the Problem of CSD Officers Suspected of Having Committed Illegal Gambling and Other Offences in Stanley Prison (Item raised by Mr PANG Cheuk-kei, Michael)
3 十、 要求南區警區提供處理精神上無行為能力人士個案資料 (此項議程由袁嘉蔚小姐提出) 10. Request for Information on Cases Involving Mentally Incapacitated Persons Handled by the Southern Police Division (Item raised by Miss YUEN Ka-wai, Tiffany)
十一、 其他事項 11. Any Other Business
第二部份 參考文件 Part II – Items for Information
一、 南區區議會撥款財政報告(截至 15.6.2020) (議會文件 22/2020 號 ) 1. Financial Statement in respect of SDC Funds (as at 15.6.2020) (SDC Paper No. 22/2020)
南區區議會秘書處 2020 年 6 月 Southern District Council Secretariat June 2020
歡迎公眾人士旁聽上述會議。會議的錄音將於 會議後三個工作天內上載至南區區議會網頁 (http://www.districtcouncils.gov.hk/south/tc_chi/meetings/dcmeetings/dc_ meetings.php)，而會議紀錄則須待下次會議正式通過後，方會上載至網頁， 一般需時三個工作天。公眾人士如欲索取各項議程的會議紀錄，請致電 2814 5800 與南區區議會秘書處聯絡。 Members of the public are welcome to sit in on the above meeting. The minutes of meeting will be uploaded to SDC homepage (http://www.districtcouncils.gov.hk/south/english/meetings/dcmeetings/dc_m eetings.php) within 3 working days after the minutes of meeting is officially endorsed in the following SDC meeting. For extracts of the minutes on any specific agenda, please contact the SDC Secretariat at 2814 5800.
4 Appendix 6
(Translation)
9 July 2020
Mr LO Kin-hei Chairman of the Southern District Council (SDC)
Dear Chairman,
The 5th SDC Meeting
At the 5th SDC meeting held on 2 July 2020, a number of SDC members obstructed District Officer (Southern) and staff members of the SDC Secretariat from leaving the Conference Room. This Department expresses its deep regret over their acts.
Before the meeting, a letter was issued to you and all SDC members by the SDC Secretariat on 23 June 2020 concerning two proposed agenda items which were not compatible with the functions of the Council as stipulated in section 61 of the District Councils Ordinance (DCO). The letter had explicitly stated the Government’s stance on the agenda items, i.e. if the agenda of a meeting should contain any item which does not conform with the provisions of the DCO, the Secretariat shall not issue the relevant papers and neither staff members of the Secretariat nor officers of the other departments shall attend the meeting or participate in the discussion of the relevant papers.
Regrettably, at the subject meeting, the aforesaid two agenda items not compatible with the DCO were still raised by yourself and several other SDC members for discussion, coupling with the so-called “enquiries on rules of order”. At the meeting, District Officer (Southern) had reiterated the Government’s stance on the agenda items in question and stated that the Secretariat staff and officers of the other departments could not participate in any discussion not compatible with the DCO and must leave the Conference Room. A number of SDC members immediately moved from the seats to the door and blocked the exit of the Conference Room, barring District Officer (Southern), the SDC Secretariat staff and the officers of other departments from leaving. - 2 -
This Department expresses its deep regret over the unreasonable behaviour of the members obstructing public officers in the course of their duties on that day. We appeal once again to DC members to focus on district livelihood issues and advise the Government on district affairs in a rational, peaceful and pragmatic manner under the principle of mutual respect.
Yours sincerely,
(signed)
Ms CHAN Sut-fun for Director of Home Affairs c.c. All SDC members District Officer (Southern)
2 Appendix 7
Hong Kong, 21 July 2020
Ms Vega Wong Sau Wai (Acting) Director of Home Affairs [email protected]
Dear Ms Wong,
The 5th Southern District Council Meeting, 2nd July 2020
I refer to the captioned meeting of the SDC and the letter from Ms. Chan Sut-fun on behalf of the Director of Home Affairs to the Chairman of the Southern District Council (“SDC” or “the Council”) of 9th July 2020 in respect of Items 9 and 10 of the agenda for that meeting (“your letter”).
Your letter, circulated to all SDC members and the District Officer (Southern), is at best founded upon a misunderstanding and appears to be another attempt to interfere with the lawful business of the Southern District Council. It reflects an earlier attempt by the Secretary to the Council, in the letter of 23rd June 2020 to which you refer, to direct or interfere with the Chairman’s duty to consider and approve the agenda of the Council and the Secretary’s breaches of duty before and at the meeting.
Neither you nor any other Government officer has any right or power to direct or attempt to influence the Chairman in deciding whether or not to approve an item for inclusion on the agenda of the meetings of the SDC in accordance with the Standing Orders of the Council (“SOs”) made under section 68 of the District Councils Ordinance. By SO 6(5), it is the Chairman who is to decide whether agenda matters are compatible with the functions of the Council stipulated in section 61 of the Ordinance. The Chairman did so, having considered the letter of 23rd June, and notified the Secretary that the Chairman had approved those items.
That you or the Secretary may have disagreed with the Chairman’s decision to approve those items did not relieve the Secretary of his duties under the Ordinance and the SOs. Neither you nor any other Government official have any power to control or prevent discussion of a matter which the Chairman has approved as an agenda item at a meeting of the Council. If compliance is raised at the meeting, the Chairman’s decision on the matter is final: SO 53, which carries the force of sections 68 and 69(2).
The Secretary (and Government) may not exercise control of the meeting by refusing to prepare or circulate papers or by the Secretary not attending the meeting while discussions take place, as threatened in the 23rd June letter and as took place at the meeting. The Secretary (and Government) must respect and abide by the decision of the Chairman.
Page 1/3 By section 69(2) of the Ordinance, the Secretary is required by the Ordinance to carry out the duties determined by the Council – not the Government. Those duties are prescribed in SO 7. At SO 7, they include drawing up and circulating the agenda approved by the Chairman – not the Government – including time for approved items, preparing and circulating papers on that item for members and, at the meeting, taking and preparing and uploading the minutes of the meeting. It is unlawful for the Secretary not to do so.
Please confirm within 14 days whether you or any other HAB or HAD official directed the Secretary to send the letter of 23rd June 2020 and not to circulate papers or to carry out his duties under SO 7(1) in respect of agenda items 9 and 10 once approved. If so, please produce a copy of that instruction within 14 days.
The claim in your letter that members “obstructed public officers in the course of their duties” at the Council meeting on 2nd July 2020 is misconceived. The public officers were then refusing to carry out their duties in accordance with the Ordinance and the SOs. The Chairman had approved the agenda items under SO 6(5) and determined discussion of the items to be “in order” under SO 53. The Secretary was bound by SO 7(3) to record the attendances, discussions and decisions at the meeting. Instead, in breach of the SOs, the Secretary refused to do so.
It is unclear whether the Secretary was acting as such or as District Officer (Southern) when he directed the Secretariat staff and officers of the other departments not to participate further in the meeting, and indeed directed them to leave the Conference Room, obstructing and frustrating the business of the Council. Either way, that was not lawful. Members sought to persuade the Secretary and accompanying staff to return to those tasks but the DO and staff were determined to leave. The scene that followed was directly attributable to those breaches.
Please confirm within 14 days whether you or any other HAB or HAD official directed the Secretary to leave the meeting once agenda items 9 and 10 were raised and/or not to carry out his duties under SO 7(3) in respect of those items. If so, please produce a copy of that instructions within 14 days.
Lastly, your appeal for the Council to “focus on district livelihood issues” is fundamentally wrong. The Council’s functions are set out in s.61(a) and (b) of the Ordinance and the Council concerns itself with all those matters, prioritising them as appears to be appropriate in each case. The word “livelihood” does not appear in section 61. And as a matter of principle, the Secretary and his staff may not attempt to direct or influence the Council in the exercise of its functions. By section 61, the Council is established to advise the Government, not the other way round. Civil servants in the HAB and HAD senior to the Secretary must respect the Secretary’s separate statutory functions and duties to the Council.
Page 2/3 It is our most sincere wish that the Government is able to work cooperatively with the council and serve the best interests of the people in the Southern District together. As such, we are most anxious that the aforementioned behaviour should not be repeated. We therefore invite you to undertake within 14 days on behalf of the Secretary for Home Affairs not to repeat the aforementioned conduct.
Yours sincerely,
Paul Zimmerman
Vice-Chairman of the Southern District Council 1/F, Ocean Court, 3 Praya Road, Aberdeen, Hong Kong
Copy. All Members of the Southern District Council
Page 3/3 Appendix 8
Hong Kong, 21 July 2020
The Secretary Southern District Council Ms Priscilla Yip Wai See [email protected]
Dear Ms Yip, District Affairs: The Duties of the Secretary; the 5th SDC Meeting
I refer to the captioned matter.
It is now almost a month since Mr. Lo Kin-hei’s letters of 24th June 2020, to which there has not been the courtesy of a reply.
In his letters, it was explained why he approved the agenda items queried by the Home Affairs Department as they are within section 61 (a) of the District Councils Ordinance and that their approval for discussion was my statutory responsibility as chairman.
It is our sincere wish that the Council and its Secretariat co-operate so as to serve the best interests of the people of the Southern District. As we are now preparing to consider not only how we go forward on the 2 agenda items concerned last time but also with other matters concerning the well-being of the people in Southern District, I should like to remind you of the law under which we are bound to co-operate, in particular section 66 of the Ordinance, which sets out the duties of the Chairman, and section 69 by which the Secretary is appointed to post by the District Council, and it is the Council that determines the Secretary’s duties.
As you know, the Chairman’s duties and the Council’s procedures for meetings are further governed by the Southern District Council Standing Orders, made under section 68 of the Ordinance (the SOs). The Chairman is responsible for ensuring compliance with section 61 of the Ordinance and approving the agenda: SO 6(5). The Chairman presides at the meetings and determines whether a matter is “in order” and the Chairman’s decision is final: SOs 6(1), 53. Neither the Secretary nor any other government official has any power to determine the agenda or decide what matters may be discussed.
The Secretary’s duties under section 69(1) of the Ordinance have been determined by the Council and are set out in SO 7. In particular, once the Chairman has approved an agenda, the Secretary shall prepare it, with a time slot for each item allowing for speeches, discussion or debate on each item and shall send it, with relevant papers, to the members no less than six clear working days before the meeting: SO 7(1). Page 1/3 The Secretary also has the important function for the public of the District and Hong Kong generally of recording the Council’s meetings. The Secretary shall prepare the minutes of attendance, matters discussed and decisions taken: SO 7(3).
It is deeply regrettable that you did not circulate papers or provide a time slot for discussion of items 9 and 10 on the approved agenda of the 5th SDC meeting, in breach of SO 7(1), and that on 2nd July 2020 you attempted to leave the meeting, contrary to the Chairman’s decision under SO 6(5) and his ruling under SO 53 that the items and discussion on them were in order, and so as to prevent you taking the minutes of the discussion and decisions on those items, contrary to SO 7(3). Those actions seriously obstructed and delayed the proceedings of the SDC.
We must remind you that you are obliged by section 68 of the Ordinance to comply with your duties as determined by the Council. It is not open to you to refuse to do so on the basis of an opinion expressed or directions given by the District Officer (Southern), officials of the Government’s Home Affairs Bureau or anybody else. They may each have their own views on matters but this Council is an independent body, elected to act in accordance with the Ordinance and you, the Secretary, are an officer of this Council.
We therefore invite and direct you to:
(a) Rectify your breaches of the SOs in respect of the meeting of 2nd July 2020 within the next 14 days, in particular by circulating any relevant papers you then had in hand, by correcting the draft minutes to include the discussion relating to Items 9 and 10 and to prepare and upload a proper audio recording of the latter part of the meeting, and
(b) Confirm within 14 days that items 9 and 10 will returned to the agenda of the Council for its next meeting (we indicate that again the Chairman approve them for that purpose) and that you will ensure that the members of the Council are fully informed as to those matters by means of papers prepared for the meeting and that you will take no steps to prevent their discussion at the meeting and that you will take, prepare, record and upload minutes of that meeting in accordance with the Ordinance and the SOs.
Should you fail to take these actions, we shall be compelled to take appropriate steps to ensure that this behaviour does not reoccur.
Page 2/3 It is our most sincere wish that the Council and the Secretariat are able to work cooperatively together to serve the best interests of the people in the Southern District together. This is best done by each of us respecting the role played by the other, and complying with our respective statutory duties. we should be grateful if you would circulate this letter to the other staff of the Secretary to the District Council, Secretariat so that we can proceed without further unnecessary disputes.
Yours sincerely,
Paul Zimmerman
Vice-Chairman of the Southern District Council 1/F, Ocean Court, 3 Praya Road, Aberdeen, Hong Kong
Copy. All Members of the Southern District Council
Page 3/3 Appendix 9 Appendix 10
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Jl,:iJillillJ/1Your Ref.
II!: ,:S Tel.: 2835 1802 11'1 ,.; Fax.: 2834 5466 17 August 2020
Mr Paul ZIMMERMAN Vice Chairman of Southern District Council
Dear Mr ZIMMERMAN,
The 5th meeting of the Southern District Council (SDC) on 2 July 2020
Thank you for your letters of 21 July 2020 respectively to the Director of Home Affairs captioned "The 5th SDC Meeting, 2nd July 2020" and to the Secretary of SDC captioned "District Affairs: The Duties of the Secretary; the 5th SDC Meeting", Further to our interim reply on 30 July 2020, this serves as our consolidated reply to both letters.
Functions of a District Council
2. It is specified in section 61 of the District Councils Ordinance (the · Ordinance) (Cap, 547) that the functions of a District Council (DC) are to, inter alia, advise the Government on district administration affairs and where funds are made available for the purpose, to promote community, recreational and cultural activities and environmental improvement projects within the district. For the purpose of carrying out its functions, a DC may appoint committees according to section 71 of the Ordinance. DCs and their committees and working groups have to conform to the relevant requirements under the Ordinance in terms of establishment, composition and functions as well as items for discussion.
3. When handling DC affairs (for example in considering whether an item for discussion is compatible with the DC functions specified in section 61 of the Ordinance), District Offices will, as necessary, consult the relevant Bureaux and Departments. After taking into consideration advice from the relevant Bureaux and Departments, if a proposed item for discussion is found not compatible with the DC functions specified in the Ordinance, the Government will follow up accordingly, -2- such as writing to the DC Chairman concerned about the problem and requesting the Chairman to re-examine the proposed discussion item.
4. As stated in the reply by the Secretary for Home Affairs to the Legislative Council question concerning the functions of and support for DCs on 29 April 2020, if the DC concerned keeps the items for discussion which are not compatible with the Ordinance, the DC Secretariat cannot provide secretariat service for these matters, and the Secretariat staff or other government officers will neither attend the relevant parts of the meeting nor join the discussion of the relevant papers.
Proposed Discussion Items for SDC Meeting on 2 July 2020
5. SDC members Mr PANG Cheuk-kei and Miss YUEN Ka-wai submitted papers on "Seriously Follow up the Problem of Correctional Services Department Officers Suspected of Having Committed Illegal Gambling and Other Offences in Stanley Prison" and "Request for Information on Cases Involving Mentally Incapacitated Persons Handled by the Southern Police Division" respectively for discussion at the 5th SDC meeting on 2 July 2020. The former proposed agenda item concerned the overall routine management of the Correctional Services Department, whereas the latter proposed discussion item concerned cases of mentally incapacitated persons handled by the Hong Kong Police Force. Having consulted the relevant Bureau and Departments, these two proposed discussion items are considered as concerning tetTitory-wide issues which did not carry any particular district angle. The Government had reservation about the proposed items as being related to the functions of a DC set out in section 61(a) of the Ordinance.
6. As you have rightly indicated, the SDC Standing Order (SO) 6(5) provides that the Chairman shall approve the agenda of a meeting of the Council and shall ensure that the agenda items are compatible with the functions of the Council as stipulated in section 61 of the Ordinance. Against this background, the SDC Secretariat wrote to the Chairman on 23 June 2020 to state the Government's position on the two proposed discussion items and invite the Chairman to review the subject matter and make a decision on the agenda. The SDC Secretariat also informed the Chairman that if the agenda of a meeting contains any item that does not conform with the provisions of the Ordinance, the Secretariat shall not issue the relevant paper, and staff members of the Secretariat and other Government officers shall not attend the relevant part of the meeting or participate in the discussion of the relevant paper.
SDC Meeting on 2 July 2020
7. At the meeting on 2 July 2020, District Officer (Southern) reiterated the Government's stance on the agenda items in question and stated that the Secretariat staff and other Government officers could not participate in any discussion not compatible with the Ordinance. Regrettably, a number of SDC members obstructed - 3 - the District Officer and Secretariat staff from leaving the conference room. In response to this incident, we issued the letter of 9 July 2020 to express our deep regret over the unreasonable behaviour of the SDC members concerned.
8. We note that the discussions on the two items actually took place at the said meeting in the absence of any Government officers or Secretariat staff. However, as the two items are not compatible with the functions of the DC as set out in the Ordinance, and since the Secretariat's support is premised on the DC acting in accordance with the Ordinance, the DC Secretary is not in a position to circulate the relevant papers, prepare the minutes covering those discussions or upload the relevant audio recording onto the DC website. In this regard, there is no breach of duty or breach of the SDCSO on the part of the DC Secretary or any staff of the Southern District Office.
The DC Secretariat
9. It must be made clear that the operation and functions of a DC are governed by the Ordinance. The DC Secretariat renders its support to the work of the DC provided that it is within the parameters of the law. It cannot provide support to the DC if the latter is acting in a manner incompatible with the Ordinance.
10. The SDC Secretariat have all along been working closely with SDC and will continue to support the DC in carrying out its functions in accordance with the Ordinance. The Government also looks forward to continuing the cooperation with SDC and facilitating the DC to discharge its statutory functions.
Yours sincerely,
~(Ms Judy MOY) for Director of Home Affairs c.c. All SDC members District Officer (Southern)