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Official Record of Proceedings LEGISLATIVE COUNCIL ― 20 March 2019 7423 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 20 March 2019 The Council met at thirty-three minutes past Eleven 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, 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. 7424 LEGISLATIVE COUNCIL ― 20 March 2019 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 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 CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN LEGISLATIVE COUNCIL ― 20 March 2019 7425 DR THE HONOURABLE ELIZABETH QUAT, B.B.S., 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, 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, 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 SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN 7426 LEGISLATIVE COUNCIL ― 20 March 2019 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 GARY FAN KWOK-WAI THE HONOURABLE AU NOK-HIN THE HONOURABLE VINCENT CHENG WING-SHUN, M.H. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBERS ABSENT: THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE DENNIS KWOK WING-HANG LEGISLATIVE COUNCIL ― 20 March 2019 7427 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY DR BERNARD CHAN PAK-LI, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT, AND SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR RAYMOND SO WAI-MAN, B.B.S., J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 7428 LEGISLATIVE COUNCIL ― 20 March 2019 PRESIDENT (in Cantonese): The regular Council meeting now commences. PAPERS TO BE LAID ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments Legal Notice No. Control of Obscene and Indecent Articles (Amendment) Regulation 2019.......................... 26 of 2019 Allowances to Jurors (Amendment) Order 2019 ........... 27 of 2019 Rating (Exemption) Order 2019..................................... 28 of 2019 Revenue (Reduction of Business Registration Fees and Branch Registration Fees) Order 2019 ........ 29 of 2019 Pharmacy and Poisons (Amendment) (No. 3) Regulation 2019 ................................................. 30 of 2019 Non-Hong Kong Companies (Disclosure of Company Name, Place of Incorporation and Members' Limited Liability) Regulation ............................ 31 of 2019 Companies (Amendment) (No. 2) Ordinance 2018 (Commencement) Notice ................................... 32 of 2019 Companies Ordinance (Amendment of Schedule 7) Notice 2019 ........................................................ 33 of 2019 Hong Kong Science and Technology Parks Corporation Ordinance (Amendment of Schedule 1) Notice 2019 .................................... 34 of 2019 Patents (General) (Amendment) Rules 2019 ................. 35 of 2019 LEGISLATIVE COUNCIL ― 20 March 2019 7429 Other Papers Estimates for the year ending 31 March 2020 General Revenue Account - Consolidated Summary of Estimates - General Revenue Account―Summary - Revenue Analysis by Head Hong Kong Arts Development Council Annual Report 2017/18 (including Financial Report and Independent Auditor's Report) The Hong Kong Academy for Performing Arts Annual Report 2017/18, Consolidated Financial Statements and Independent Auditor's Report for the year ended 30th June 2018 The Lord Wilson Heritage Trust Annual Report 2017-2018 (including Financial Report and Honorary Auditor's Report) Report No. 13/18-19 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Inland Revenue and MPF Schemes Legislation (Tax Deductions for Annuity Premiums and MPF Voluntary Contributions) (Amendment) Bill 2018 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Mainland residents coming to Hong Kong for settlement 1. MS CLAUDIA MO (in Cantonese): Since 1997, a total of over a million Mainland residents have come to Hong Kong for settlement on Permits for Proceeding to Hong Kong and Macao (commonly known as "One-way Permits") 7430 LEGISLATIVE COUNCIL ― 20 March 2019 ("OWPs"). Some members of the public have pointed out that a large number of Mainland residents settling in Hong Kong has put a heavy burden on Hong Kong's public services such as social welfare, housing, education and healthcare. Recently, the representatives of some doctor groups have claimed that the public healthcare system is on the verge of collapse. They have therefore called for the cessation of OWP issuance. In this connection, will the Government inform this Council: (1) given that Mainland residents may apply for OWPs for the reason, apart from family reunion, that they must come to Hong Kong for settlement due to other special circumstances, and some of those who have come to Hong Kong on OWPs do not have any close relatives in Hong Kong, of the number of people who came to Hong Kong for settlement on OWPs each year since 1997, with a breakdown by the age group to which they belonged, their gender, and whether they were issued OWPs on grounds of family reunion; whether the Government assessed, in the past three years, the pressure on Hong Kong's public resources brought about by people coming to Hong Kong for settlement on OWPs; if so, of the outcome; (2) whether the Government will, in order to alleviate the pressure on public services, set up an inter-departmental steering committee to be led by the Chief Secretary for Administration to study feasible options for reducing the OWP quota progressively; if so, of the details and timetable; if not, the reasons for that; and (3) whether it will discuss with the relevant Mainland departments the SAR Government's participation by phases in, and its eventual assumption of full responsibility for, the vetting and approval of OWP applications, so as to prevent Mainland residents from coming to Hong Kong for settlement on OWPs obtained through bogus marriages; if so, of the details and timetable; if not, the reasons for that? SECRETARY FOR SECURITY (in Cantonese): President, the HKSAR Government's consolidated reply to Ms Claudia MO's question is as follows: LEGISLATIVE COUNCIL ― 20 March 2019 7431 It is stipulated in Article 22(4) of the Basic Law that "For entry into the Hong Kong Special Administrative Region ('HKSAR'), people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government after consulting the government of the Region." The provisions of this Article, in accordance with the interpretation by the Standing Committee of the National People's Congress in 1999, mean that Mainland residents "who wish to enter the HKSAR for whatever reason, must apply to the relevant authorities of their residential districts for approval in accordance with the relevant national laws and administrative regulations, and must hold valid documents issued by the relevant authorities before they can enter the HKSAR." Mainland residents who wish to settle in Hong Kong for family reunion must apply for One-way Permits ("OWPs") (i.e.
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