OFFICIAL RECORD of PROCEEDINGS Wednesday, 2 July
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LEGISLATIVE COUNCIL ─ 2 July 2008 9783 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 2 July 2008 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.M., G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, 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 THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG 9784 LEGISLATIVE COUNCIL ─ 2 July 2008 THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. 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 THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM, J.P. THE HONOURABLE LAU CHIN-SHEK, J.P. 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 CHOY SO-YUK, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 2 July 2008 9785 THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP 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 THE HONOURABLE LI KWOK-YING, M.H., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG 9786 LEGISLATIVE COUNCIL ─ 2 July 2008 PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE ALBERT JINGHAN CHENG, J.P. THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN THE HONOURABLE MRS ANSON CHAN, G.B.M., J.P. MEMBERS ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING LEGISLATIVE COUNCIL ─ 2 July 2008 9787 CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, S.B.S., J.P., SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL 9788 LEGISLATIVE COUNCIL ─ 2 July 2008 PRESIDENT (in Cantonese): We are one man short of a quorum. Clerk, please ring the bell. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): We now have a quorum. The meeting will start. TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Official Languages (Alteration of Text under Section 4D) (Advocate and Advocacy) Order.................... 178/2008 Public Health and Municipal Services (Markets) Declaration 2008....................................... 179/2008 Market (Cessation of Application of the Public Health and Municipal Services Ordinance) Declaration 2008.... 180/2008 Public Health and Municipal Services (Cessation of Designation as Public Market) Order 2008 ....... 181/2008 Public Health and Municipal Services Ordinance (Amendment of Tenth Schedule) Order 2008..... 182/2008 Public Health and Municipal Services (Markets) (No. 2) Declaration 2008....................................... 183/2008 Domestic Violence (Amendment) Ordinance 2008 (Commencement) Notice ............................. 184/2008 Food Business (Amendment) Regulation 2008 ............ 185/2008 LEGISLATIVE COUNCIL ─ 2 July 2008 9789 Other Papers No. 101 ─ Hong Kong Trade Development Council Annual Report 2007-2008 No. 102 ─ Hong Kong Export Credit Insurance Corporation Annual Report 2007-2008 No. 103 ─ Clothing Industry Training Authority Annual Report 2007 No. 104 ─ Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2007 No. 105 ─ Report of the Independent Police Complaints Council 2007 No. 106 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2007 Report of the Finance Committee on the examination of the Estimates of Expenditure 2008-2009 Report of the Panel on Commerce and Industry 2007-2008 Report of the Panel on Housing 2007-2008 Report of the Panel on Security 2007-2008 Report of the Panel on Constitutional Affairs 2007-2008 Report of the Panel on Food Safety and Environmental Hygiene 2007-2008 Report of the Panel on Financial Affairs 2007-2008 Report of the Panel on Education 2007-2008 Report of the Panel on Welfare Services 2007-2008 9790 LEGISLATIVE COUNCIL ─ 2 July 2008 Report of the Panel on Economic Development 2007-2008 Report of the Panel on Health Services 2007-2008 Report of the Panel on Environmental Affairs 2007-2008 Report of the Subcommittee to Examine the Implementation in Hong Kong of Resolutions of the United Nations Security Council in relation to Sanctions Report of the Bills Committee on Statute Law (Miscellaneous Provisions) Bill 2008 Report of the Bills Committee on Fixed Penalty (Smoking Offences) Bill Report of the Bills Committee on West Kowloon Cultural District Authority Bill ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr CHAN Kam-lam will address the Council on the Independent Commission Against Corruption Annual Report 2007. Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2007 MR CHAN KAM-LAM (in Cantonese): Madam President, as a Member of the Advisory Committee on Corruption, I am very honoured to present to Honourable colleagues the Independent Commission Against Corruption Annual Report 2007 tabled today. The year 2007 is a very meaningful year for the Independent Commission Against Corruption (ICAC). For the first time since the founding of the ICAC in 1974, all departments are housed in the same location. The new facilities represent the commitment of the Government of the Hong Kong Special LEGISLATIVE COUNCIL ─ 2 July 2008 9791 Administrative Region to maintain Hong Kong as a world leader in the battle against corruption. This purpose built ICAC building provides an environment and facilities under one roof that enable staff to interact more readily with greater efficiency and effectiveness. Corruption has remained at minimal levels throughout 2007. The ICAC spared no effort in carrying out anti-corruption work by means of law enforcement, corruption prevention and community education. Up to the end of last year, there was a case-based conviction rate of 85%. Following a five-year decline, 2007 saw a slight reverse with a total of 3 600 corruption reports received, an 8% rise over the 3 339 reports of 2006. The number of pursuable reports stood at 2 762, or 77% of the total, an increase of 4% compared with 2006. Reports concerning the public sector continued to fall with 1 224 reports received in 2007, a 6% drop compared with 2006. This figure represents 34% of all incoming reports. The corruption situation in the private sector in 2007 continued to call for a robust response as the number of corruption complaints continued to rise. A total of 2 376 reports were received in 2007, an increase of 17% compared with 2006 and accounted for 66% of all reports received by the ICAC, compared with 61% in 2006. Complaints relating to building management remained at the top with 972 reports or 41% of all private sector complaints. Therefore, a special task force, comprising officers from each of the three departments within the ICAC, was formed to spearhead a holistic and strategic offensive concerning building management issues. Corruption prevention is an effective strategy to tackle corruption at source continues to gain widening recognition by the international community. During the past year, the ICAC continued to recommend to government bureaux/departments and public bodies corruption prevention measures with a view to improving governance and reducing corruption risks. The ICAC conducted 92 corruption prevention studies on various public administration areas, such as the control of imported food and the procurement of medical items by patients.