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Official Record of Proceedings LEGISLATIVE COUNCIL ― 29 November 2017 3005 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 November 2017 The Council met at 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 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. 3006 LEGISLATIVE COUNCIL ― 29 November 2017 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, 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. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG LEGISLATIVE COUNCIL ― 29 November 2017 3007 DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN 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, 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. 3008 LEGISLATIVE COUNCIL ― 29 November 2017 THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG 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 MEMBER ABSENT: THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT, AND CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE LAU KONG-WAH, J.P. SECRETARY FOR HOME AFFAIRS LEGISLATIVE COUNCIL ― 29 November 2017 3009 THE HONOURABLE JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR JACK CHAN JICK-CHI, J.P. UNDER SECRETARY FOR HOME AFFAIRS 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 3010 LEGISLATIVE COUNCIL ― 29 November 2017 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: No. 28 ― Fire Services Department Welfare Fund Report on the Administration of the Fund, Financial statements and Report of the Director of Audit for the year ended 31 March 2017 No. 29 ― Occupational Safety and Health Council Annual Report 2016-2017 No. 30 ― Secretary for Home Affairs Incorporated Financial Statements and Report of the Director of Audit for the year ended 31 March 2017 No. 31 ― Sir Edward Youde Memorial Fund Report of the Board of Trustees, Financial statements and Report of the Director of Audit for the Period 1 April 2016 to 31 March 2017 No. 32 ― Hong Kong Housing Authority Annual Report 2016/17 No. 33 ― Hong Kong Housing Authority Financial Statements for the year ended 31 March 2017 No. 34 ― Estate Agents Authority Annual Report 2016-17 LEGISLATIVE COUNCIL ― 29 November 2017 3011 No. 35 ― The Commissioner on Interception of Communications and Surveillance Annual Report 2016 to the Chief Executive (together with a statement under section 49(4) of the Interception of Communications and Surveillance Ordinance) Report No. 5/17-18 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Measures to promote the development of marine fish culture 1. MR STEVEN HO (in Cantonese): In the Policy Address she delivered last month, the Chief Executive indicated that the Government would "expand the existing fish culture zones, improve the fish culture environment and promote the development of marine fish culture". However, some fishermen have pointed out that following the changes in the industry profile and society, the existing policies and legislation have become outdated and have hindered the development of marine fish culture, but the Government has not conducted any review of such policies and legislation over the years. In this connection, will the Government inform this Council: (1) given that the authorities have banned raft area extensions in existing fish culture zones ("FCZs") by mariculturists since the 90s of the last century, and those mariculturists who wish to expand the sizes of their culture areas can only purchase fish culture licences from other mariculturists, making it difficult for mariculturists to expand their businesses, whether the authorities will lift the ban; whether, in the long run, the authorities will, by making reference to the development plan for the Lok Ma Chau Loop and the development approach of the Hengqin Macau Youth Innovation Valley, discuss with the Mainland authorities the designation of an area in the waters near Hong Kong for use as a marine FCZ for 3012 LEGISLATIVE COUNCIL ― 29 November 2017 Hong Kong or for other agriculture and fisheries related purposes, and provide related complementary facilities, in order to solve the problem of shortage of space in Hong Kong waters for the development of the fisheries industry; if not, whether they will expeditiously explore other alternatives to solve the problem; (2) given that mariculturists are required to obtain permits issued by the Agriculture, Fisheries and Conservation Department before they may temporarily move their mariculture rafts out of FCZs, but the vetting and approval of the permits takes time although the authorities have streamlined the relevant administrative procedure, whether the authorities will consider the proposal of setting up temporary sites for relocating mariculture rafts to avoid massive fish deaths in FCZs in case of contingencies (e.g. red tides, parasites or aquatic hypoxia); whether the authorities will consider amending the existing legislation to protect mariculturists' rights and interests more effectively; and (3) as I have learnt that at present, the authorities will remove sediment in a FCZ or approve individual mariculturists to conduct recreational fishing activities on mariculture rafts only with the consent of all the mariculturists of the FCZ concerned, but it is impossible to obtain the consent of all mariculturists, thus causing difficulties in the improvement of the water quality of FCZs and the livelihood of mariculturists, whether the authorities will adjust the said practice, e.g. by making reference to the arrangement under which the retrofitting of air-conditioning systems in public markets may be carried out provided 80% of the tenants have given support, so as not to hinder the sustainable development of marine fish culture; if so, of the details; if not, the reasons for that? SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, the Government strives to promote the sustainable development of the fisheries industry. To this end, in the past few years the Agriculture, Fisheries and Conservation Department ("AFCD") has undertaken various work including among others reviewing the existing aquaculture management regime and encouraging mariculturists to adopt advanced and environmentally friendly culture practices. This notwithstanding, given that the marine resources belong LEGISLATIVE COUNCIL ― 29 November 2017 3013 to the Hong Kong society, we would have to factor in other public policy considerations (including ecological balance, marine conservation, navigation safety, etc.) and the statutory responsibilities of law enforcement departments under various legislations while promoting the sustainable development of the fisheries industry. My reply to various parts of the question is as follows: (1) The Marine Fish Culture Ordinance (Cap. 353) ("the Ordinance") stipulates that any person conducting marine fish culture activities in Hong Kong waters must possess a valid marine fish culture licence, and such activities should be carried out in designated fish culture zones ("FCZs").
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