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OFFICIAL RECORD of PROCEEDINGS Wednesday, 22 LEGISLATIVE COUNCIL ─ 22 January 2014 5719 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 22 January 2014 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 DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.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. 5720 LEGISLATIVE COUNCIL ─ 22 January 2014 THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. 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, S.B.S., 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. LEGISLATIVE COUNCIL ─ 22 January 2014 5721 THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN 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 DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. 5722 LEGISLATIVE COUNCIL ─ 22 January 2014 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 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 LEGISLATIVE COUNCIL ─ 22 January 2014 5723 PUBLIC OFFICERS ATTENDING: 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 TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS 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 RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT MR LAU KONG-WAH, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR GODFREY LEUNG KING-KWOK UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT 5724 LEGISLATIVE COUNCIL ─ 22 January 2014 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 22 January 2014 5725 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. Air Pollution Control (Marine Light Diesel) Regulation ..... 2/2014 Food and Drugs (Composition and Labelling) (Amendment) Regulation 2014 ...................................................... 3/2014 Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 2014 .............................. 4/2014 Import and Export (Fees) (Amendment) Regulation 2014 ...................................................... 5/2014 Chemical Weapons (Convention) Ordinance (Amendment of Schedule 4) Order 2014 .......................................... 6/2014 Designation of Libraries (Amendment) Order 2014 .......... 7/2014 Prisons (Amendment) Order 2014 ...................................... 8/2014 Rehabilitation Centres (Appointment) (Amendment) Order 2014 .............................................................. 9/2014 Training Centre (Consolidation) (Amendment) Declaration 2014 ..................................................... 10/2014 Other Papers No. 66 ─ Legal Aid Services Council Annual Report 2012-13 5726 LEGISLATIVE COUNCIL ─ 22 January 2014 No. 67 ─ Employees' Compensation Insurance Levies Management Board Annual Report 2012-2013 No. 68 ─ Employees Compensation Assistance Fund Board Annual Report 2012-2013 No. 69 ─ Occupational Deafness Compensation Board Annual Report 2012-2013 No. 70 ─ Pneumoconiosis Compensation Fund Board Annual Report 2012 No. 71 ─ Hospital Authority Annual Report 2012-2013 No. 72 ─ Samaritan Fund Financial Statements for the year ended 31 March 2013 and Report on the Fund Report No. 10/13-14 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Air Pollution Control (Amendment) (No. 2) Bill 2013 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Review of Guesthouse Licensing System 1. MR CHRISTOPHER CHUNG (in Cantonese): President, earlier, a Number 3 alarm fire broke out in a commercial/residential building in North Point, causing injuries to over 20 people and, among them, several guesthouse LEGISLATIVE COUNCIL ─ 22 January 2014 5727 guests were in critical condition. It was reported that as there were a number of licensed and unlicensed guesthouses in that building and the residents and guesthouse guests scrambled for escape during the fire, the capacity of the fire escapes had been exceeded and a chaotic situation resulted. It is learnt that in vetting and approving applications for guesthouse licences, the authorities will not consider the requirements of the Deeds of Mutual Covenant (DMCs) nor the views of the residents of the buildings concerned. Hence, despite the stipulation in the DMC of the building in the aforesaid incident that operation of guesthouses above the third floor is prohibited and objection raised by the owners' corporation (OC), the authorities still issued licences to a number of guesthouses in the building. There are comments that the fire has exposed many loopholes in the existing guesthouse licensing system and the relevant legislation, and the perfunctory law enforcement against unlicensed guesthouses taken by the authorities. In this connection, will the Government inform this Council: (1) whether it will, in the light of the aforesaid incident, conduct a comprehensive review of the existing guesthouse licensing system and legislation, including the addition of a condition for vetting and approving applications for licences, that is, the applicant must submit proof that the application is not in violation of the terms in the DMC and the land lease of the building concerned; (2) whether it will examine the introduction in the guesthouse licensing system of a mechanism whereby the views of the residents in the buildings concerned on the licence applications will be gauged, and such views and the capacity of the communal facilities of the buildings concerned will be included as factors for consideration in granting licences; and (3) whether it has any plan to review and improve the existing policies and measures for combating unlicensed guesthouses, including stepping up efforts in conducting inspections and taking law-enforcement actions, and increasing the penalties for the relevant offences so as to enhance the deterrent effect? SECRETARY FOR HOME AFFAIRS (in Cantonese): President, thank you Mr Christopher CHUNG for the question. We are saddened by the casualties caused by the Number 3 alarm fire at the Continental Mansion, North Point in the 5728 LEGISLATIVE COUNCIL ─ 22 January 2014 end of last month. The incident, which has been classified as an arson by the police, is still under investigation. At this stage, I will not relate the incident to the licensing regime for guesthouses. My reply to Mr CHUNG's question is as follows: (1) The primary purpose of the Hotel and Guesthouse Accommodation Ordinance (the Ordinance) (Cap. 349) is to, through a licensing regime, ensure that premises used as hotels or guesthouses meet the standards specified in the Buildings Ordinance (BO) and the Fire Services Ordinance (FSO) for the safety of the lodgers and the public.
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