LEGISLATIVE COUNCIL ─ 26 October 2011 533 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 26 October 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. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 534 LEGISLATIVE COUNCIL ─ 26 October 2011 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 FREDERICK FUNG KIN-KEE, 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. LEGISLATIVE COUNCIL ─ 26 October 2011 535 THE HONOURABLE RONNY TONG KA-WAH, S.C. 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 536 LEGISLATIVE COUNCIL ─ 26 October 2011 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. 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 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE RAYMOND TAM CHI-YUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING MISS ADELINE WONG CHING-MAN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS LEGISLATIVE COUNCIL ─ 26 October 2011 537 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 MRS PERCY MA, ASSISTANT SECRETARY GENERAL 538 LEGISLATIVE COUNCIL ─ 26 October 2011 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. Banking (Capital) (Amendment) Rules 2011 .................... 137/2011 Banking (Disclosure) (Amendment) Rules 2011............... 138/2011 Air Navigation (Hong Kong) Order 1995 (Amendment) Order 2011 ............................................................. 139/2011 Air Navigation (Hong Kong) Order 1995 (Amendment of Schedule 16) Order 2011 ....................................... 140/2011 Dangerous Goods (Consignment by Air) (Safety) (Amendment) Regulation 2011.............................. 141/2011 Declaration of Geographical Constituencies (Legislative Council) Order 2011 .............................................. 142/2011 Companies Ordinance (Exemption of Companies and Prospectuses from Compliance with Provisions) (Amendment) Notice 2011 .................................... 143/2011 Other Papers No. 16 ─ Construction Workers Registration Authority Annual Report 2010-2011 No. 17 ─ Electrical and Mechanical Services Trading Fund Annual Report 2010/11 No. 18 ─ Office of the Telecommunications Authority Trading Fund Report 2010-11 LEGISLATIVE COUNCIL ─ 26 October 2011 539 No. 19 ─ Traffic Accident Victims Assistance Fund Annual Report for the year from 1 April 2010 to 31 March 2011 No. 20 ─ The Legislative Council Commission Annual Report 2010-2011 No. 21 ─ Hongkong Post Annual Report 2010/11 WRITTEN ANSWERS TO QUESTIONS Judicial Review Case Regarding Environmental Impact Assessment Reports of Hong Kong-Zhuhai-Macao Bridge 1. DR LAM TAI-FAI (in Chinese): President, it has been reported that the plaintiff in the judicial review (JR) case regarding the Environmental Impact Assessment (EIA) reports of the Hong Kong-Zhuhai-Macao Bridge (HKZM Bridge) told the media that she originally did not intend to take any legal proceedings against the Government, but "someone had asked her to file the lawsuit". It has also been reported that the plaintiff's solicitor had admitted that the plaintiff was a volunteer of the Civic Party and was initially assisted by a Civic Party member in applying for legal aid, and that the plaintiff had then nominated him as her solicitor to represent her in the case. The solicitor and counsel representing the plaintiff were both members of the Executive Committee of the Civic Party. In this connection, will the Government inform this Council: (a) given that in reply to my question on 8 June this year, the Government indicated that it was not appropriate for it to comment on issues relating to the case at that time as the Environmental Protection Department had lodged an appeal against the High Court's judgment, whether the Government will provide the public with a detailed account after the case is closed; if it will, of the details; if not, the reasons for that; (b) whether the law-enforcement agencies will initiate investigation into the aforesaid case to ascertain if anyone is suspected of "maintenance", manipulating the litigation behind the scene, 540 LEGISLATIVE COUNCIL ─ 26 October 2011 perverting the course of justice or other acts of abusing judicial proceedings in this case; if they will, what actions will be taken; if not, of the reasons for that; (c) whether the authorities will request The Law Society of Hong Kong and the Hong Kong Bar Association to investigate the aforesaid case to ascertain if any of their members has contravened the professional codes of conduct; if they will, of the details; if not, the reasons for that; (d) of the respective amounts of legal and litigation costs incurred by the Government and the plaintiff in respect of the aforesaid case, and the percentage of the costs the Legal Aid Department (LAD) needs to bear in the total legal and litigation costs incurred by the plaintiff; (e) whether the LAD had vetted and approved beforehand the plaintiff's request of specifying the solicitor of her own choice to represent her; if it had, of the reasons for approving her request; if not, the reasons for that; (f) of the channels through which the aforesaid Executive Committee member of the Civic Party had become the counsel representing the plaintiff, and whether the LAD had considered and approved the appointment of that counsel beforehand; if it had, of the reasons for granting the approval; if not, the reasons for that; (g) given that under the existing legal aid system, the aided persons are allowed to specify solicitors and counsel to represent them, whether it is obligatory for the solicitors and counsels concerned to accept such appointments; (h) whether the authorities will initiate a comprehensive investigation to ascertain if, in the aforesaid incident, any person or political party has exploited the loopholes in the legal aid system to achieve certain political aims; if they will, of the details; if not, the reasons for that; (i) whether the authorities will study how to prevent people from abusing the legal aid system and initiating JR proceedings against LEGISLATIVE COUNCIL ─ 26 October 2011 541 the Government for the purpose of obstructing the Government from launching major infrastructure projects; if they will, of the details; if not, the reasons for that; and (j) whether it has assessed the losses caused by the aforesaid case, including the losses suffered by the overall economy of Hong Kong, the delay in time and the additional costs involved in respect of the HKZM Bridge project and the other 70-odd projects affected by the case, as well as the impact on construction workers and the relevant professionals (including the number of workers who became unemployed and the number of jobs lost as a result of the case); if it has, of the details and a breakdown of such losses by project; if not, the reasons for that? SECRETARY FOR HOME AFFAIRS (in Chinese): President, the question straddles across a number of bureaux and departments, and the Administration's consolidated response is as follows: (a) On 27 September 2011, the Court of Appeal (CA) of the High Court handed down its judgment to allow the appeal by the Environmental Protection Department.