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OFFICIAL RECORD of PROCEEDINGS Thursday, 20 November 2014 the Council Met at Nine O'clock

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OFFICIAL RECORD of PROCEEDINGS Thursday, 20 November 2014 the Council Met at Nine O'clock LEGISLATIVE COUNCIL ─ 20 November 2014 2131 OFFICIAL RECORD OF PROCEEDINGS Thursday, 20 November 2014 The Council met at Nine 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 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 WONG KWOK-HING, B.B.S., M.H. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. 2132 LEGISLATIVE COUNCIL ─ 20 November 2014 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, J.P. 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. THE HONOURABLE WONG KWOK-KIN, S.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. 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. LEGISLATIVE COUNCIL ─ 20 November 2014 2133 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 CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, J.P. 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. 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, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG 2134 LEGISLATIVE COUNCIL ─ 20 November 2014 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, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU, J.P. DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. MEMBERS ABSENT: THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHUNG KWOK-PAN LEGISLATIVE COUNCIL ─ 20 November 2014 2135 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 2136 LEGISLATIVE COUNCIL ─ 20 November 2014 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: Subsidiary Legislation/Instruments L.N. No. Dangerous Dogs Regulation (Exemption) (Amendment) 137/2014 Notice 2014 ............................................................ Rabies (TNR Programme) (Exemption) Notice................. 138/2014 Other Papers No. 27 ─ Director of Social Welfare Incorporated Financial statements for the year ended 31 March 2014 No. 28 ─ Report of changes made to the approved Estimates of Expenditure during the second quarter of 2014-15 Public Finance Ordinance : Section 8 No. 29 ─ Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2014 No. 30 ─ Report No. 63 of the Director of Audit on the results of value for money audits ― October 2014 LEGISLATIVE COUNCIL ─ 20 November 2014 2137 No. 31 ─ Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2014 Report No. 3/14-15 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Child Abduction Legislation (Miscellaneous Amendments) Bill 2013 QUESTION UNDER RULE 24(4) OF THE RULES OF PROCEDURE PRESIDENT (in Cantonese): Questions. I have permitted Mr Dennis KWOK to ask an urgent question under Rule 24(4) of the Rules of Procedure. Immediate Measures to be Taken by Police Before Giving Further Assistance to Bailiffs in Enforcing Injunction Orders MR DENNIS KWOK (in Cantonese): President, on the 10th of this month, the Court of First Instance (CFI) of the High Court continued the interim injunction orders it granted earlier in respect of three cases concerning the obstruction of certain roads in Mong Kok and the obstruction of the entrance and exit of CITIC Tower in Admiralty. Such injunction orders restrain the occupiers from obstructing the bailiffs in dismantling or removing the obstructions at designated locations and authorize the Police to take arrest actions where they reasonably believe that any person may obstruct or interfere any bailiff in enforcing the terms of the injunction orders, and the Police shall bring the persons so arrested before the Court as soon as practicable for further directions. On the 14th of this month, CFI granted an order which stipulates that without prejudice to the Police's enforcement of the provisions of the Police Force Ordinance (including sections 51 and 52), the Police shall bring the arrested persons before the Court as soon as possible for further directions. On the other hand, the Commissioner of Police indicated that the Police would give their full support to the plaintiffs in enforcing the civil injunction orders concerned. In this connection, will the Government inform this Council, before giving further assistance to the bailiffs in enforcing the injunction orders: 2138 LEGISLATIVE COUNCIL ─ 20 November 2014 (1) of the channels through which the Police will ensure that the occupiers clearly understand the gist of the injunction orders so that they will have the opportunity to consider desisting from the acts of violating the injunction orders in order to avoid being arrested; (2) whether the Police will immediately make public the criteria for deciding if the occupiers arrested for allegedly violating the injunction orders and committing other criminal offences at the same time are to be brought before the Court for further directions, or be detained at police stations and/or brought before a magistrate; and (3) whether the Police will immediately make public the measures to enable the persons who are arrested for alleged violation of the injunction orders and brought before the Court for further directions to get to know their legal rights and be legally represented? SECRETARY FOR SECURITY (in Cantonese): President, the High Court orders issued on 10 November in relation to the three injunction applications concerning the obstruction of certain roads in Mong Kok (Mong Kok) as well as the obstruction of the entrance and exit of CITIC Tower (CITIC Tower) have given clear directions in respect of the role of police officers in the enforcement of the injunction orders. As stated in those orders: (i) The bailiff do take all reasonable and necessary steps to assist the plaintiff and its agents to effect the clearance and removal of the obstructions. (ii) The bailiff be authorized and directed to request the assistance of the Police where necessary. (iii) Any police officer be authorized to arrest and remove any person who the police officer reasonably believes or suspects to be obstructing or interfering any bailiff in carrying out his or her duties in enforcing the terms of the injunction order, provided that the person to be arrested has been informed of the gist of the terms of the court order and that his action is likely to constitute a breach of the order and obstruction of the administration of justice, and that he may be arrested if he does not desist.
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