LEGISLATIVE COUNCIL ― 26 May 2021 6159

OFFICIAL RECORD OF PROCEEDINGS

Wednesday, 26 May 2021

The Council met at Eleven o'clock

MEMBERS PRESENT:

THE PRESIDENT THE HONOURABLE KWAN-YUEN, G.B.M., G.B.S., J.P.

THE HONOURABLE LAI-HIM, G.B.S., J.P.

THE HONOURABLE YU-YAN, G.B.S., J.P.

THE HONOURABLE KIN-FUNG, G.B.S., J.P.

THE HONOURABLE WONG TING-KWONG, G.B.S., J.P.

THE HONOURABLE 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 MEI-FUN, S.B.S., J.P.

THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P.

THE HONOURABLE MRS LAU SUK-YEE, G.B.S., J.P.

THE HONOURABLE WAI-CHUN, J.P.

THE HONOURABLE PUK-SUN, B.B.S., J.P.

6160 LEGISLATIVE COUNCIL ― 26 May 2021

THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S.

THE HONOURABLE CHI-MING, S.B.S., J.P.

THE HONOURABLE YIU SI-WING, B.B.S.

THE HONOURABLE MA FUNG-KWOK, G.B.S., J.P.

THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P.

THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P.

THE HONOURABLE MEI-KUEN, B.B.S., J.P.

THE HONOURABLE KWOK WAI-KEUNG, J.P.

THE HONOURABLE WAH-FUNG, S.B.S., J.P.

THE HONOURABLE , B.B.S., J.P.

THE HONOURABLE CHEUNG-KONG, G.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 JIMMY NG WING-KA, B.B.S., J.P.

DR THE HONOURABLE KWAN-YIU, J.P.

THE HONOURABLE HO-DING

THE HONOURABLE SHIU KA-FAI, J.P.

LEGISLATIVE COUNCIL ― 26 May 2021 6161

THE HONOURABLE WILSON OR CHONG-SHING, M.H.

THE HONOURABLE YUNG HOI-YAN, J.P.

DR THE HONOURABLE

THE HONOURABLE CHAN CHUN-YING, J.P.

THE HONOURABLE CHEUNG KWOK-KWAN, J.P.

THE HONOURABLE LUK CHUNG-HUNG, J.P.

THE HONOURABLE LAU KWOK-FAN, M.H.

THE HONOURABLE IP-KEUNG, B.B.S., M.H., J.P.

DR THE HONOURABLE CHENG CHUNG-TAI

THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P.

THE HONOURABLE WAI-CHUEN, B.B.S., J.P.

PUBLIC OFFICERS ATTENDING:

THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION

THE HONOURABLE TERESA CHENG YEUK-WAH, G.B.S., S.C., J.P. SECRETARY FOR JUSTICE

THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT

DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE

6162 LEGISLATIVE COUNCIL ― 26 May 2021

THE HONOURABLE KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION

THE HONOURABLE ERICK TSANG KWOK-WAI, I.D.S.M., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS

THE HONOURABLE CASPAR TSUI YING-WAI, J.P. SECRETARY FOR HOME AFFAIRS

MR HO KAI-MING, J.P. UNDER SECRETARY FOR LABOUR AND WELFARE

CLERKS IN ATTENDANCE:

MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL

MS DORA WAI, DEPUTY SECRETARY GENERAL

MS MIRANDA HON, ASSISTANT SECRETARY GENERAL

MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL

LEGISLATIVE COUNCIL ― 26 May 2021 6163

LAYING OF PAPERS 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 Legal Notice No.

Air Pollution Control (Amendment) Ordinance 2021 (Commencement) Notice ...... 67 of 2021

Pharmacy and Poisons (Amendment) Ordinance 2020 (Commencement) Notice ...... 68 of 2021

Designation of Libraries (Amendment) (No. 2) Order 2021 ...... 71 of 2021

Other Papers

Securities and Futures Commission Approved budget of income and expenditure for the financial year 2021/2022

Correctional Services Children's Education Trust Report by the Trustee, Financial Statements and Report of the Director of Audit for the year of 1 September 2019 to 31 August 2020

The Government Minute in response to the Report of the Public Accounts Committee No. 75 of February 2021

Report of the Bills Committee on Improving Electoral System (Consolidated Amendments) Bill 2021

6164 LEGISLATIVE COUNCIL ― 26 May 2021

ADDRESS

PRESIDENT (in Cantonese): Address. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the Report of the Public Accounts Committee No. 75".

The Government Minute in response to the Report of the Public Accounts Committee No. 75 of February 2021

CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, I lay on the table at this Council today the Government Minute responding to Report No. 75 of the Public Accounts Committee ("PAC") which was presented to the Legislative Council on 24 February this year.

I welcome the Report of PAC and am sincerely grateful for the time and efforts devoted by the Chairman of PAC, Mr Abraham SHEK, and members of PAC. The Government accepts PAC's various recommendations and sets out in detail in the Government Minute the specific responses of the relevant bureaux and departments. The Report of PAC provides recommendations on areas covered in the following seven chapters in Report No. 75 of the Director of Audit:

(a) Acquisition and management of collection items in public museums;

(b) Energy efficiency and conservation in government buildings;

(c) Funding schemes for conservation of built heritage managed by the Development Bureau;

(d) Hong Kong Tourism Board: Corporate governance and administrative issues;

(e) Hong Kong Tourism Board: Efforts in promoting tourism;

(f) Management of Mandatory Building Inspection Scheme by the Buildings Department; and

(g) Provision of humanitarian assistance to non-refoulement claimants by the Social Welfare Department. LEGISLATIVE COUNCIL ― 26 May 2021 6165

I would like to highlight the key measures taken and progress made by the relevant government departments and organizations in response to the recommendations of PAC.

On the acquisition and management of collection items in public museums, the Hong Kong Museum of History, the Hong Kong Heritage Museum and the Hong Kong Film Archive have put in place measures to improve the accession of collection items, including streamlining the accessioning information and procedures, engaging additional manpower, and reporting accessioning progress on a monthly basis. These measures expedite the process of accession of collection items and enhance monitoring, with a view to completing the relevant work within or ahead of schedule.

In response to the shortage of museum storage space, the Leisure and Cultural Services Department ("LCSD") plans to build a Heritage Conservation and Resource Centre for centralized conservation of museum collection items and organizing exhibitions, public education and academic activities and more. The project received support from the District Council in February this year. LCSD will submit the funding application for the construction works to the Legislative Council in due course.

Regarding energy efficiency and conservation in government buildings, the Environment Bureau, the Electrical and Mechanical Services Department ("EMSD") and the Architectural Services Department have taken measures to implement the relevant recommendations of the Audit Commission and PAC. For instance, EMSD has applied the experience gained from implementing the 2015-2020 electricity saving target and the findings in the Audit Report when taking forward its work relating to green energy. EMSD has issued guidelines on normalization of energy consumption and will keep track of the measures implemented by bureaux and departments to help them achieve the Green Energy Target. Relevant departments have also stepped up the management of energy saving projects and rolled out other measures recommended by the Audit Commission and PAC, such as including more government buildings in the retro-commissioning plan.

On the funding schemes for conservation of built heritage, the Development Bureau ("DEVB") has so far launched six batches of the Revitalising Historic Buildings Through Partnership Scheme ("the Revitalisation Scheme"), covering 22 government-owned historic buildings. Ten of these 6166 LEGISLATIVE COUNCIL ― 26 May 2021 projects are in operation. These projects revitalize and reuse historic buildings for various purposes, such as a hostel, a café, training facilities and a Chinese medical clinic. In this way, not only are these historic buildings preserved and put to good use, but they are also given a new lease of life. Members of the public are welcome to visit and appreciate these historic buildings. As at February 2021, over 7.2 million people had visited the revitalized buildings under Batches I to III of the Revitalisation Scheme.

DEVB reviews different aspects of the Revitalisation Scheme from time to time and has introduced improvement measures. They include enhancement of the Guide to Application, simplifying the application procedures, refining the assessment process, and organizing workshops and experience sharing sessions for interested organizations.

DEVB will continue to explore improvement measures to further enhance the Revitalization Scheme, taking into account the recommendations in the Audit Report, the management experience gained from the implementation of the Revitalisation Scheme, the operating situation of the non-profit-making organizations, and other factors.

As for the governance and promotion work of the Hong Kong Tourism Board ("HKTB"), the Government attaches great importance to the corporate governance of HKTB as a statutory body. Good corporate governance is crucial to HKTB's efficient and effective operation, as well as the discharge of its pivotal role in supporting the recovery of Hong Kong's tourism industry after the epidemic while driving the long-term development of the tourism sector in Hong Kong.

As the responsible bureau for tourism development, the Commerce and Economic Development Bureau is proactively implementing the recommendations made by the Audit Commission on corporate governance and administrative issues, including appointing more young people to the Board of HKTB, entering into a Memorandum of Administrative Arrangements with HKTB and setting up a mechanism for handling unspent additional funding for HKTB. In addition, HKTB has started a review on its pay structure, and has formulated detailed guidelines concerning the meeting procedures and arrangements for its Board and committees, including handling of declaration of interest in meetings and submission of declaration of interest forms.

LEGISLATIVE COUNCIL ― 26 May 2021 6167

In respect of tourism promotion, HKTB has implemented the Audit Commission's recommendations in relation to the organization of mega events and their effectiveness evaluation, such as conducting a review on the existing indicators for assessing the performance of mega events. In addition, HKTB has implemented the recommendations on marketing activities and the Quality Tourism Services ("QTS") Scheme, including carrying out a full revamp of HKTB's website and tightening the control over the display and use of QTS decals and logos. After the epidemic subsides, HKTB will launch a new round of the Funding Support for Small-sized Meeting, Incentive and Convention Groups. To ensure proper use of public resources, the Government will continue to follow up on HKTB's implementation of the recommendations concerned.

President, on mandatory building inspection, the Buildings Department ("BD") has taken proactive action to follow up on the comments made by PAC and the Audit Commission on the management of the Mandatory Building Inspection Scheme ("the Scheme") with a view to implementing the recommendations as far as practicable.

BD will regularly review the number of target buildings covered by the Scheme each year as well as the implementation and effectiveness of the Scheme based on operation experience, the market situation, and feedback from stakeholders and members of the community. In parallel, BD will continue to optimize its efficiency by streamlining the operational procedures, with a view to stepping up the pace of the implementation of the Scheme. BD will also closely monitor the compliance situation of notices issued under the Scheme and step up prosecution against non-compliance cases. DEVB will strengthen its policy steer and provide resources to support BD to ensure successful implementation of the Scheme.

Timely and proper repair and maintenance of buildings are the primary responsibility of owners and are in the interest of owners and occupiers. Enforcement aside, the Government has been providing support to owners in need, such as launching various subsidy schemes and stepping up publicity efforts to enhance public awareness on building maintenance.

With regard to the provision of humanitarian assistance to non-refoulement claimants, the Social Welfare Department ("SWD") has commenced its work in this area in 2006. In keeping with the needs of the users, the components, 6168 LEGISLATIVE COUNCIL ― 26 May 2021 requirements and the mode of delivery of the services concerned have been evolving. There are over 10 000 service users at present. SWD will continue to exercise proper financial control and monitor the services to ensure the provision of efficient and cost-effective services by the service contractors for the proper use of public funds.

As regards the Audit Commission's recommendations, SWD has immediately requested the service contractor and food contractor to formulate and put in place a series of improvement measures for enhancing cost-effectiveness and service quality. In addition, SWD has requested contractors to provide statistical reports in a timely manner for monitoring purposes, and reminded them to step up assessment and follow-up action to prevent misuse or abuse of the humanitarian assistance, and to enhance the monitoring of the overall effectiveness of services provided.

President, I would like to sincerely thank the Chairman of PAC, Mr Abraham SHEK, and members of PAC again for their efforts and guidance. The bureaux, departments and organizations concerned will strictly adhere to the recommendations and responses in the Government Minute and implement improvement measures as soon as possible.

Thank you, President.

ORAL ANSWERS TO QUESTIONS

PRESIDENT (in Cantonese): Questions. First question.

Professional conduct of teachers

1. MR TOMMY CHEUNG (in Cantonese): President, it has been reported that quite a number of students, under the influence of their teachers or peers, participated in the Occupy Central movement in 2014 and the movement of opposition to the proposed legislative amendments in 2019. From June of the year before last to the end of last year, the Education Bureau received 269 complaints about professional misconduct of teachers, and has so far taken disciplinary actions against 154 teachers, including cancelling the teachers' registration of three of them. Regarding the professional conduct of teachers, will the Government inform this Council: LEGISLATIVE COUNCIL ― 26 May 2021 6169

(1) given that the Code for the Education Profession of Hong Kong and the Professional Standards for Teachers of Hong Kong currently in place were formulated by teacher advisory bodies a number of years ago, whether the Government will expeditiously review and update the two documents to expressly prohibit teachers from performing the following acts: participating in unlawful activities, inciting or organizing students to participate in unlawful activities, promoting their personal political opinions to students, as well as publishing radical, hatred-inciting or misrepresented remarks on the Internet; if so, of the details; if not, the reasons for that;

(2) whether it will learn from the bitter experiences and expeditiously formulate a clear and authoritative official code for the teaching profession, so as to deter teachers from inciting students to participate in unlawful activities; if so, of the details; if not, the reasons for that; and

(3) of the new measures, on the premise of not violating professional autonomy, put in place to step up disciplinary actions against teachers who have misconducted themselves, so as to maintain the standard of teachers' conduct?

SECRETARY FOR EDUCATION (in Cantonese): President, teachers play a vital role in passing on knowledge and nurturing students' character. Their words and deeds have a far-reaching impact on students' growth. Therefore, parents and the community at large expect our teachers to possess not only solid professional knowledge but also high moral standards, and they should serve as role models in educating our next generation. If teachers are found to have seriously misconducted themselves or violated professional ethics, the Education Bureau ("EDB") will consider cancelling their teacher registration in accordance with the Education Ordinance to safeguard students' well-being, uphold the dignity of the teaching profession and maintain public's confidence in the teaching profession.

Our reply to the question raised by Mr Tommy CHEUNG is as follows:

6170 LEGISLATIVE COUNCIL ― 26 May 2021

(1) and (2)

The Committee on Professional Development of Teachers and Principals, after in-depth research, discussion and extensive consultation with the school sector, launched the "T-standard+" in 2018. It includes "Professional Standards for Teachers of Hong Kong" and "Professional Standards for Principals of Hong Kong". "T-standard+" portrays the professional performance expected of school teachers and principals, with a view to promoting the professional learning of the teaching force, upholding professional ethics of the teaching profession, and demonstrating high moral standards and values. Specifically, teachers are expected to perform the three professional roles of being the "Caring Cultivators", "Inspirational Co-constructors" and "Committed Role Models"; and the principals are required to play the three professional roles of being the "Ethical Enablers", "Versatile Architects" and "Visionary Edupreneurs".

Starting from the 2020-2021 school year, we have strengthened the structured teacher training and provided corresponding professional development programmes for newly-joined teachers, in-service teachers and teachers aspiring for promotion to middle management. Among others, the programmes include 30 hours of core training, which include detailed explanation on the "T-standard+" and case studies with a view to reminding teachers to perform the professional roles as expected and to uphold their professional ethics.

The Code for the Education Profession of Hong Kong ("the Code"), promulgated in 1990, was drawn up and formulated by the Preparatory Committee, Professional Code for Educational Works comprising representatives from education organizations in accordance with the recommendations in the Education Commission Report No. 1. The purpose of the Code is to provide self-disciplinary guidelines and norms of professional conduct for educators. It has been over 30 years since promulgation of the Code. In light of changes in the society and development in education, the Council on Professional Conduct in Education ("CPC") drew up practical guidelines with exemplars for the Code. A consultation was carried out in 2016. However, there was strong opposition from individual education organizations against the LEGISLATIVE COUNCIL ― 26 May 2021 6171 illustrations/exemplars. CPC hence shelved the practical guidelines and conducted another consultation in 2018. The current revision of the Code mainly involves the addition of guiding principles as section headings to the 1990 version and categorization of the provisions according to their nature. There were no substantial changes in the content.

When handling suspected misconduct cases of teachers, we draw reference to the "T-standard+" and the Code. More importantly, we take into account whether the words and deeds of the teachers concerned fail to meet the moral standards generally acceptable to the society, whether they risk the safety and harm the healthy development of students, and whether the values so demonstrated will have an adverse impact on the dignity of the teaching profession or students' learning and undermine public's confidence in teachers. For the 269 complaints about professional misconduct of teachers relating to the social turmoil, as at the end of April 2021, we have cancelled three teachers' registration, and issued reprimand letters, warning letters, advisory letters and verbal reminders to a total of 151 teachers. As regard Mr CHEUNG's suggestion to expressly prohibit teachers from participating in unlawful activities, inciting or organizing students to participate in unlawful activities, promoting their personal political opinions to students, as well as publishing radical, hatred-inciting or misrepresented remarks on the Internet, such actions from teachers will not be accepted, be they spelt out in any code or not. We have been handling these cases in a serious manner in accordance with the Education Ordinance.

We have analysed cases concerning professional conduct of teachers in the past two years and briefed Members of the overall situation at the meeting of the Panel on Education of the Legislative Council on 7 May 2021. We have publicly explained our considerations in determining the follow-up actions or penalty. We have also consolidated and shared some specific cases. EDB plans to release the related numbers on a regular basis, with examples of cases to illustrate the penalties against misconducted teachers and the considerations involved for the public's information and schools' reference. This would help schools strengthen the management of teachers and remind teachers to be more sensitive in their words and abide by regulations and the law. 6172 LEGISLATIVE COUNCIL ― 26 May 2021

(3) EDB has all along respected the professionalism of teachers. Teachers should, based on their expertise and experience and according to EDB's curriculum guides, make their professional judgment in adjusting learning materials and teaching strategies with reference to the characteristics and needs of their students. I wish to stress that "professional autonomy" does not mean indulgence without limits. Teaching and assessment must be in line with the curriculum framework and related requirements. Under no circumstances should teachers promote personal political views to students, disseminate inaccurate information, biased views or distorted facts to mislead students, or spread hatred or discriminatory messages or messages that go against social morality. If such cases are found, EDB will certainly handle them prudently. For serious cases, EDB will consider cancelling the registration of the teachers concerned.

Being employers of teachers, schools should supervise their teachers, remind them of the behaviour and conduct required, pro-actively follow up on the misconduct of their teachers and take disciplinary actions as appropriate. We will enhance liaison with school sponsoring bodies and schools for case sharing and exchange of experience in disciplinary actions, so as to facilitate school sponsoring bodies in drawing up their own guidelines on the matters. After completion of investigation, we will provide advice on the penalties/follow-up actions taken by schools. School leadership and supervision of teachers are important indicators of school performance. EDB will seriously follow up on any mishandling by schools.

EDB will continue to handle all teacher misconduct cases in a serious and prudent manner, from the perspective of education professionalism and in accordance with the Education Ordinance. In tandem, we appreciate the contributions of the responsible and distinguished teachers and promote the continuous development of the teaching profession.

MR TOMMY CHEUNG (in Cantonese): President, the main reply given by the Secretary just now is very detailed, but what I find really shocking is that the Secretary said in the last few lines of the third paragraph of his main reply that LEGISLATIVE COUNCIL ― 26 May 2021 6173

CPC "drew up practical guidelines with exemplars for the Code. A consultation was carried out in 2016. However, there was strong opposition from individual education organizations against the illustrations/exemplars. CPC hence shelved the practical guidelines and conducted another consultation in 2018". And the Secretary said in the last sentence, "the current revision of the Code mainly involves the addition of guiding principles as section headings to the 1990 version and categorization of the provisions according to their nature. There were no substantial changes in the content".

Secretary, 31 years have passed since 1990. Why have so many parents complained to me that when they intend to complain about the professional misconduct of teachers, they are unable to find the relevant provisions to deal with the misconduct of teachers and their failure to do their job? Secretary, frankly speaking, nowadays, can the Hong Kong Professional Teachers' Union or whatever organizations … veto the review or modification of their professional code of conduct because of their strong objection, even though the Code is formulated by the education sector itself? If so, what is the purpose of the Code? We had better have it rewritten by EDB then.

SECRETARY FOR EDUCATION (in Cantonese): President, a detailed explanation is indeed provided in the third paragraph of the document on the formulation of the Code and the procedures which it has gone through over a period of time in the past. The Code has all along been formulated by some education organizations, teaching staff or teachers in the education sector to serve as self-disciplinary guidelines and code of conduct for educators in the profession.

In 2016, the then CPC drew up practical guidelines and carried out public consultation. The guidelines have also been submitted to the Panel on Education of the Legislative Council. If we look up the minutes of the meeting, some Members in fact expressed strong opposition back at that time. Certainly, those Members who expressed strong opposition are not present in the Chamber now, but in the legislature back then, the then Panel on Education of the Legislative Council did request us to go back and examine the guidelines again. So, we sent them back to CPC for reconsideration. CPC also held a general election during this period of time which resulted in the replacement of some members, so this is the work done by the latest and existing CPC for the time being.

6174 LEGISLATIVE COUNCIL ― 26 May 2021

Here I would like to tell Mr Tommy CHEUNG that in handling complaints against misconduct of teachers, EDB would make judgment having regard to the Education Ordinance and our past experience, as well as the expectations of society on teachers and their moral conduct that we have learnt from the sector. We would make reference to the Code, but this is not a determining factor. We will maintain the registration of a teacher only if the Permanent Secretary is satisfied that the teacher is a fit and proper person to continue to be a teacher in accordance with the law. Therefore, in the entire discussion, or on the whole matter, EDB would deal with these cases according to our own principles and standards. The Code is certainly one of the guidelines for reference, but it is not the sole determining factor.

MR CHAN CHUN-YING (in Cantonese): President, the "T-standard+" the Secretary has referred to a short while ago was launched in 2018, but there is no mention of the need to abide by the law as a requirement in respect of the professional roles of teachers and principals. Instead, the Code, which is promulgated in 1990, states that a professional educator should show respect for the law and the behavioural norms acceptable to society as a whole.

The Secretary has made some lengthy remarks just now, but what I do not understand is why the Government cannot take the lead to issue an official guideline―it would be fine even if it is not a code―which incorporates these two elements? I believe this would facilitate compliance of both the schools and teachers.

SECRETARY FOR EDUCATION (in Cantonese): To start with, while the requirement of abiding by the law may not be specifically mentioned in the "T-standard+", being law-abiding is actually a must-do for every member of the public, especially the teachers who are role models for students. If they cannot even do so, they will definitely fail to meet some of the descriptions of behaviours and professional requirements for teachers and principals set out in the "T-standard+".

Regarding what we are doing in the meantime, Honourable Members can see that we gave an account to the Legislative Council on 7 May of the experience gained from handling more than 200 cases in the past. We also LEGISLATIVE COUNCIL ― 26 May 2021 6175 released these documents and cases to all school principals in Hong Kong last week, hoping that through the schools, teachers could see what EDB considered problematic in these past cases and how we should deal with them.

In future, we will continue to make more efforts in this aspect, and we will provide more information gradually to school teachers on these areas, based on the sharing that we have learned from some cases. We can reconsider whether it is necessary for us to issue a code or some guidelines. However, there is indeed a code in society already, and we may need to consider whether such work should be taken up by the Government in a comprehensive manner. Yet, many people in society hold different views, and some of them think that the profession should be regulated by the professionals, etc.

Anyway, regarding how we would handle such cases, the experience that we have learned from such cases, what behaviours are considered as unacceptable by us, we will do whatever we can and we are happy to share such information with the community, especially the educators.

MR WONG TING-KWONG (in Cantonese): Being the employer and manager of teachers, the school management―the principal and the school management committee are of course included―shoulders an important responsibility. I would like to ask the Secretary, given that there are only the "Professional Standards for Teachers of Hong Kong" and "Professional Standards for Principals of Hong Kong" at present, will the authorities draw up appropriate professional standards for school management committees? I am talking about school management committees.

SECRETARY FOR EDUCATION (in Cantonese): I thank Mr WONG for his view. We can consider it in detail after going back to the office. But should we call them "professional standards"? This is because as we all know, the school management committees are comprised of many different parties, the principal is certainly an ex-officio member, whereas some members may be alumni or parent representatives. I cannot tell whether it is correct to call it "professional standards", but I find it absolutely necessary to set out the performance or knowledge that is expected of a member of the school management committee. We have also provided some training to members of 6176 LEGISLATIVE COUNCIL ― 26 May 2021 school management committees, but as to whether we have done enough, or whether we need to set out clearly what is required of them, we can consider that after going back. This is also a good point.

MR LEUNG CHE-CHEUNG (in Cantonese): President, the Secretary mentioned a "T-standard+" approach in his reply to Mr Tommy CHEUNG's question. When the 200-odd complaints against professional misconduct were handled by this standard, only three teachers have been deregistered. Parents are of course gravely worried. What are they most worried about? Regarding what teachers have said during the lessons, parents would have no way to file a complaint if the students do not convey those messages to them, and they are also worried about reprisal after filing a complaint. Therefore, parents have two concerns: First, whether their privacy will be protected when they lodge a complaint. Second, whether the students will be subject to reprisal.

Therefore, why are there so many voices in society suggesting whether it is possible to install cameras in classrooms to capture how teachers teach their lessons? In this way, teachers will not instil their own political stance or wrong knowledge into students. In the final analysis, the successful implementation of this "T-standard+" largely depends on the integrity of teachers. Otherwise, the same goes on with the principals and parents knowing nothing, only the students know but the message cannot be brought out. So, in this connection, will the authorities reconsider the suggestion of the public to install closed-circuit television ("CCTV") cameras in classrooms so that teachers can really provide transparency when they are teaching?

SECRETARY FOR EDUCATION (in Cantonese): We must understand that judging from past cases and examples, we still believe that the vast majority of teachers are very professional and dedicated to teaching their students in the classroom, and they perform their teaching job professionally in the classroom.

It does really happen that there are some black sheep in such a large group. We have done our best in the past to pick out these black sheep and deal with them as soon as possible. Nevertheless, we must look at the whole picture when considering how we can better deal with the problems in the classroom. As we have said before, we believe that the installation of CCTV cameras in classrooms warrants further discussion in society. We have also stated on multiple LEGISLATIVE COUNCIL ― 26 May 2021 6177 occasions that the installation of CCTV cameras will have certain impact on teaching, and it would reflect our distrust of teachers as a whole. I think we must consider the implications of this message thoroughly before implementing such a measure. Yet, with regard to the suggestion put forth by Honourable Members, I have also promised on other occasions that we will continue to discuss it with different members of society.

MR STEVEN HO (in Cantonese): President, the Secretary said in the first sentence of the main reply that "teachers play a vital role in passing on knowledge and nurturing students' character." But in the past few years―Mr Tommy CHEUNG talked about 2014, and I am talking about the period of "black-clad violence" in 2019―we can see that there are indeed some black sheep in the teaching profession. But then, as to their number, I think my view differs from the Secretary's.

By mentioning CCTV cameras specifically a moment ago, Mr LEUNG Che-cheung was considering something in the future. But I also wish to tell the Secretary, justice delayed is not justice definitely. Two years have passed, just take the incident in which a young woman was said to have suffered a severe eye injury for instance, some school teachers took the lead to cover their right eye when taking graduation photographs, thereby provoking social conflicts. Some teachers led several school girls to cover their right eye in front of the signboard at the school entrance, thereby provoking social conflicts. Some led students out to dash ahead and even participated in unlawful assemblies.

Mr Tommy CHEUNG remarked just now that no review had ever been conducted in the past 30 years, and I think to settle scores with them is the only way that we can seek justice. I would like to ask the Secretary, will the SAR Government impose any penalty on the teachers in those several cases that I have mentioned just now, or will it merely reprimand them and that is all? If they remain in the education profession and continue to engage in teaching with such an attitude, honestly speaking, I would never feel relieved even up till now. No matter how highly did ZHUGE Liang think of MA Su, he still ordered to behead MA Su at the critical moment when he had made a mistake. President, I would like to ask, will the SAR Government do so?

6178 LEGISLATIVE COUNCIL ― 26 May 2021

SECRETARY FOR EDUCATION (in Cantonese): President, certainly we would not discuss individual cases here, but we would handle all complaints received during this period, including those mentioned by Mr HO just now, appropriately in accordance with our procedures. If a teacher has committed any wrongdoings or inappropriate behaviours that have an impact on students, we will certainly take appropriate actions taking into account the severity of such wrongdoings.

PRESIDENT (in Cantonese): Second question.

Registration and disciplinary matters of social workers

2. MR LEUNG CHE-CHEUNG (in Cantonese): In recent years, a number of registered social workers were convicted of the offences of unlawful assembly or assault on police officers, and were sentenced to imprisonment. Some organizations have lodged complaints to the Social Workers Registration Board ("the Board"), which is responsible for the registration and disciplinary matters of social workers, demanding the Board to cancel the registration of such persons as a social worker. However, the Board has rejected their demand on the grounds that the offences concerned do not constitute professional misconduct. In this connection, will the Government inform this Council:

(1) whether it knows the number of registered social workers who were convicted of any criminal offence and sentenced to imprisonment in the past three years, with a breakdown by type of offences involved and term of imprisonment; among them, the number of those whose registration as a social worker was subsequently cancelled;

(2) whether it knows if any of those sentenced to imprisonment mentioned in (1) were at that time members of the Board; if some of them were, whether the Board has cancelled their registration as a social worker; if the Board has not, whether the Government will request the Board to review the relevant decisions and the effectiveness of the work of the Committee on Professional Conduct under it, so as to avoid giving members of the public the perception that the Board harbours its members; and

LEGISLATIVE COUNCIL ― 26 May 2021 6179

(3) whether the Government will review the functions and composition of the Board, and improve the Board's mechanisms for handling complaints against social workers and for disciplining convicted social workers, so as to allay public concern; if so, of the details; if not, the reasons for that?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, the Social Workers Registration Board ("the Board ") is a statutory body established under the Social Workers Registration Ordinance (Cap. 505) ("the Ordinance) enacted in 1997. The Ordinance stipulates that the Board shall consist of 15 members and serve on a three-year term. Eight of the members shall be registered social workers elected by registered social workers; six members shall be appointed by the Chief Executive, of whom not less than three shall be persons who are neither a registered social worker nor a public officer; and one member shall be the Director of Social Welfare or his/her representative. The Board is empowered to set and review the qualification standards for the registration of social workers, formulate and approve codes of practice, administer the registration system and handle disciplinary matters. The Board may decide whether persons convicted of criminal offences can be registered as registered social workers. That notwithstanding, if the person concerned is convicted of any serious offences stipulated in Schedule 2 of the Ordinance, including incest, rape, murder, abduction of child or juvenile, etc., the Board shall refuse to register the person concerned unless with the agreement of all members of the Board. For the handling of complaints against registered social workers, the Board shall appoint disciplinary committees to conduct hearings and recommend actions to be taken to the Board, which will make the final decision in respect of the complaint.

My reply to the Member's question is as follows:

(1) and (2)

According to the information provided by the Board, from January 2018 to April 2021, a total of seven registered social workers have reported to the Board that they have been convicted of criminal offences with sentences of imprisonment. None of them had his/her name removed from the Register so far, nor were any of them a member of the Board. Of these seven persons, the Board is deliberating on the case of one of them; two persons are awaiting the court's verdict on their appeals; one person did not apply for registration renewal; and the Board decided that the convictions of 6180 LEGISLATIVE COUNCIL ― 26 May 2021

the remaining three persons would not affect their registration renewal. The offences involved of the seven persons are not listed on Schedule 2 of the Ordinance. The breakdown of the offences and sentences concerned is listed in the Annex.

(3) The Board is a statutory body, and its constitution, powers, functions, registration requirements and disciplinary proceedings have been stipulated in the Ordinance. So long as the Board acts in accordance with the Ordinance on disciplinary control of social workers and related matters, it would not be appropriate for the Government to intervene. In light of the different views in the community on the Board's work, the Government will recommend the Board to consider appropriate measures to enhance its operational transparency and strengthen its communication with stakeholders.

Annex

Breakdown of the offences and sentences of the seven registered social workers January 2018 to 30 April 2021 (Provided by the Social Workers Registration Board)

Reporting Number of Laws and sentences concerned year persons 2018 • Dangerous Drugs Ordinance (6 months and 14 days) 1 and Pharmacy and Poisons Ordinance (6 months and 14 days) (concurrent sentences) - Possession of dangerous drug otherwise than for trafficking - Possession of poison included in Part 1 of the Poisons List • Contempt of court in failing to obey an injunction 1 order (1 month, suspended for 12 months) 2019 • Two cases in connection with the Common Law and 1 the Criminal Procedure Ordinance (8 months for each case; concurrent sentences) - Incitement to commit public nuisance - Incitement to incite public nuisance LEGISLATIVE COUNCIL ― 26 May 2021 6181

Reporting Number of Laws and sentences concerned year persons 2020 • Theft Ordinance (2 months, suspended for 1 18 months) - Fraud • Offences against the Person Ordinance (1 year) 1 - Wilfully obstructs any police officer in the due execution of his duty • Offences against the Person Ordinance (2 months) 1 and Public Order Ordinance (4 months) (concurrent sentences) - Assaults any police officer in the due execution of his duty - Unlawful assembly 2021 • Public Order Ordinance (8 months, suspended for 1 1 (January to year) April) - Knowingly takes part in any unauthorized assembly

MR LEUNG CHE-CHEUNG (in Cantonese): President, in part (3) of the main reply, the Secretary mentioned that it would not be appropriate for the Government to intervene. If it is not appropriate for the Government to intervene, why does the Government have to appoint six members to sit on the Board? If it is not appropriate for the Government to intervene, it may as well let social workers assume full responsibility. As such, I think the Secretary's reply has laid bare his indifference to the present incident. And, as we often say, it gives people the impression that the entire Board is shielding and defending its own men. Eight members on the Board are social workers and six members are appointed members, while one member is from the Social Welfare Department―whom I think will neither vote nor give his or her views. If that is the case, how would the Board make a ruling on those who have made mistakes and convicted of criminal offences?

Finally, one of the provisions in the Ordinance mentions that social workers convicted of criminal offences will be disciplined. Yet, as pointed out by the Secretary in his main reply, only those convicted of offences listed on Schedule 2 will be disciplined. This argument is unconvincing.

6182 LEGISLATIVE COUNCIL ― 26 May 2021

I hereby solemnly urge the Secretary to amend the legislation concerning the Board to change the existing composition where the number of social workers exceeds that of appointed members, i.e. there are fewer lay members than social workers, leading to imbalance and cover-up.

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, I believe Members may have noticed that among all the relevant professional organizations in Hong Kong, particularly self-regulatory organizations authorized by law, the proportion of professional members coming from the relevant sectors is generally higher. The ratio of elected members to members appointed by the Government under the Ordinance is already the highest among the various professions as far as we know.

DR PRISCILLA LEUNG (in Cantonese): President, in an assault case in July 2019, a woman was detained in full view of the public, and it was a shock to find out that a social worker was involved. Social workers have great influence on young people and their influence may be greater than that of teachers and parents at any time. Social workers are originally tasked to deal with the emotions of young people, yet now we see that he had taken the lead to beat up and detain a person, blatantly violating the law. It is most worrying that these black sheep are not limited to one to two persons.

Hence, may I ask the Secretary, since the Secretary said that the Government does not have to intervene, when the authorities allocate tremendous resources for implementing the policy of "one social worker for each school" and when many community centres were used as supplies depots during the protests on anti-extradition amendment bill in 2019, how the authorities can restore the respect and trust of the public in the social worker profession? What can the Government do? When the public now query the close contact between social workers and young people, is the Secretary unable to do anything?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, first, I have to clarify that the remark in the main reply about "non-intervention" refers to that fact that it is not appropriate for the Government to intervene when the Board is handling disciplinary control of social workers and related matters in accordance with the Ordinance. If the Board is not handling the disciplinary control of social workers and related matters in accordance with the provisions of LEGISLATIVE COUNCIL ― 26 May 2021 6183 the Ordinance, the Government is obliged to do so. The self-discipline conduct of all professions is handled by the relevant self-regulatory organizations authorized by the relevant legislation passed by the Legislative Council or the former Legislative Council, so the authority comes from society and the Legislative Council. As such, if the relevant organizations have failed to take up this responsibility, the Government or the Legislative Council is certainly obliged to examine whether it is necessary to amend the authorization.

PRESIDENT (in Cantonese): Dr Priscilla LEUNG, which part of your supplementary question has not been answered?

DR PRISCILLA LEUNG (in Cantonese): The Legislative Council now finds out that there is something wrong with this authorization. Secretary, in respect of resource allocation and so on, will you consider linking this to those organizations found to have black sheep?

PRESIDENT (in Cantonese): Dr Priscilla LEUNG, this is not the supplementary question you asked just now.

Mr LUK Chung-hung, please ask your question.

MR LUK CHUNG-HUNG (in Cantonese): President, the law-abiding awareness among a small number of social workers is weak, and they have also participated in radical and illegal assemblies, intensified social conflicts and violated the law. These social workers have tarnished the professional reputation of social workers and seriously undermined the professional image of social workers. Moreover, these illegal acts reflect the thinking behind. I am worried that certain social workers who are carried away by politics and hold unlawful thinking may influence many service users, particularly young people, through their work. However, recently, the handling of these social workers engaging in unlawful acts by the Board has made the public extremely disappointed. Members of the public think that these social workers are facing "zero punishment" and no concrete disciplinary action. There is not any real punishment, not to mention the cancellation of their registration. This gives people the impression that the Board is harbouring and conniving at these unlawful acts. 6184 LEGISLATIVE COUNCIL ― 26 May 2021

The Secretary has refused to talk about restructuring just now. I think the Government cannot muddle through in the restructuring issue. I hope that restructuring will bring into the Board representatives of service users and relevant institutes of social workers to be appointed by the Government. These people, such as the representatives of institutes of social workers, are also social workers, so the requirement of a higher proportion of social workers on the Board can also be met.

I would also like to ask the Secretary whether the provisions in the existing Code of Practice for Registered Social Workers ("Code of Practice") will be reviewed. Since the existing Code of Practice does not include any provision requiring social workers to be law-abiding and respect the rule of law, I think this is one of the reasons that the law-abiding awareness of social workers is weak. Is the Secretary willing to conduct a review?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, regarding the formulation of the Code of Practice, we have delegated the relevant authority to the Board. If any members of the public or persons affected are dissatisfied with the work of the Board, particularly in respect of disciplinary action, they may lodge complaints or, if they are involved in the case concerned, they may appeal to the Court of Appeal against the decision of the Board.

MR HOLDEN CHOW (in Cantonese): President, I am extremely disappointed with the main reply of the Bureau today. Currently, the issue is that violent social workers have committed offences of unlawful assembly or assaulting the police and so on, but since the offences of unlawful assembly and assaulting the police are not specified offences under the Ordinance, the Board can find this loophole in law to shield or let go the persons concerned, enabling them to dodge disciplinary actions. Nonetheless, it is stipulated clearly in section 25 of the Ordinance that if a social worker has committed any offence which is punishable with imprisonment, the Board may take disciplinary action. Yet, the Board did not do so this time and instead turned a blind eye to it, which is obviously harbouring violent social workers. How can it be?

President, my question is that given the above scenario, should the Bureau not consider amending the Ordinance, at least to include the offences of assault LEGISLATIVE COUNCIL ― 26 May 2021 6185 of police and unlawful assembly in the specified offences under the Ordinance, making it clear that the commission of such offences should be punishable by deregistration, so as to ensure a correct understanding of the matter?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): As I said in my reply to the supplementary question of another Member, if there is opinion in the community that the relevant organizations or statutory bodies have failed to perform their functions under the relevant laws, the Government is definitely obliged to examine such work and we will surely listen to the views of the community. However, I would like to make a factual clarification because two Members have just said that the Board had not imposed any punishment on the relevant social workers, which is inconsistent with the facts.

MS ELIZABETH QUAT (in Cantonese): President, if a social worker who has been convicted of the offences of participating in unlawful assembly and riots is allowed to continue to work as a social worker without having his registration cancelled, it is evident that there is something wrong with the existing mechanism. The Secretary said earlier that if they heard the community expressing their concerns, they would go back and think about it. In fact, they are shirking their responsibility. Secretary, the Bureau should not merely act in response to concerns expressed by the community and then make improvement after spending 8 to 10 years to examine the issue. Instead, it should spot the problems in society, particularly when the Chief Executive and the Commissioner of Police, as well as the community at large, are discussing the weakening of law-abiding awareness among young people … We are facing a serious problem. When we see that some social workers, teachers and students have committed unlawful acts, we know how serious the problem is, and the Government should review and identify the existing problem. If the situation we mentioned just now arises, the Government should take the initiative to conduct a review. If there is loophole in the legislation, the legislation should be amended. If there is loophole in the existing mechanism, the mechanism should be amended. The authorities should not wait passively for the response and consensus of the community to assess how serious the problem is. The Government should not wait till the problem deteriorates to slowly start examining the issue for 8 to 10 years. This is exactly why we often query the Government for not taking the initiative to do something.

6186 LEGISLATIVE COUNCIL ― 26 May 2021

Therefore, President, we demand the Government to review the existing Ordinance and the mechanism for deregistration to identify the loopholes and introduce amendments as soon as possible, so that the gate-keeping work in this regard can be done properly. Otherwise, when the authorities seek an increase in the number of social workers and resources later, how can we support these initiatives given the prevailing discontent of many parents and members of the public in society?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, I strongly believe Members in the legislature would agree that the Government would listen to the views of the community before taking forward any legislative work. I trust that Members would not object to this. We must listen to the views of society and surely that of Members in handling any legislative work.

MS ALICE MAK (in Cantonese): President, I think the way the Secretary gives his reply is … Secretary, we had better stop arguing. The Secretary's most favourite and strongest point is to stir up quarrels and engage in war of words. What for? The time of the legislature is precious.

At issue is that Members of the legislature have told the Secretary that members in the community consider it necessary to amend the Ordinance. We think the Board has failed to gain the recognition of the community that it has made the correct decision in handling certain disciplinary offences. As such, we ask the Secretary whether the Government will consider amending the Ordinance. The Secretary just needs to give us a "yes" or a "no", and he does not have to say so much. For instance, the Secretary said earlier that the ratio of lay members sitting on the Board is relatively high in comparison with other boards. Secretary, you have good education background and you are intelligent. I understand that when others are correct, it does not mean that you are correct too. You should know the if not A then not B logic. Therefore, though it is the case in other registration boards, it does not mean that the review of the Ordinance of the Board is unnecessary. This is particularly so when we are talking about the disciplinary committee under the Ordinance. As for the ratio of lay members to members in the sector, the ratio of other registration boards does not align with that of the Board when it comes to disciplinary committees, and that is why we ask the Secretary whether the Government will LEGISLATIVE COUNCIL ― 26 May 2021 6187 amend the Ordinance. We do not mean to target your profession or the social worker profession. We want to help to restore the public's confidence in the social worker profession, so that parents will trust the "one social worker for each school" policy and seek assistance from social workers at school if anything happens. Will the authorities amend the Ordinance to restore the public's confidence in the social worker profession?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, as I said in my earlier reply, we have heard the views of Members.

DR JUNIUS HO (in Cantonese): President, I do not intend to keep nagging the Secretary in the first place, yet the earlier reply and attitude of the Secretary have really made us query whether or not he is willing to do it. Members' views are made against the background of the "black-clad violence" in 2019. We have seen a big "malignant boil"―education is one of these "malignant boils" and Secretary Kevin YEUNG has responded positively just now that he would look into it when he goes back and that he would do something about it.

The other "big malignant boil" is social workers. The Secretary said earlier that the unanimous support of the entire Board would be required if severe punishment was to be imposed. How could there be unanimous support? It is like asking the tiger for its skin. Having heard the concerns expressed by so many Members, this is what I would say if I were the Secretary: The views expressed by Members today are extremely useful and I must go back to examine how to amend the Ordinance and make the necessary improvements, in the hope that social workers can provide quality social services in assisting young people who have gone astray in society to get back on the right track. Secretary, this is what you should say, and it is not for me to teach you how to be a government official. Just now, he said, "Alright, I have heard your views, OK". What then? Do something when you return to office. Do not just listen, but take action after listening. I do not want to scold the Secretary in this way, yet his attitude is really appalling. Secretary, will you go back and deal with this?

SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, Members would understand that a Director of Bureau, who stands here listening to Members views, cannot make any policy decision on the spot. I have heard 6188 LEGISLATIVE COUNCIL ― 26 May 2021

Members' views. Certainly, in the Government, whether it is necessary to conduct a study on amending the relevant legislation is the decision of the Government and I will surely discuss the issue with other colleagues. I will certainly listen to Members' views, but I will not give Members a reply here that we will do it, for this is not the proper way to do things.

PRESIDENT (in Cantonese): Third question.

Achieving the carbon neutrality target

3. IR DR LO WAI-KWOK (in Cantonese): President, the Chief Executive indicated in the 2020 Policy Address that the Government would strive to achieve carbon neutrality before 2050. In this connection, will the Government inform this Council:

(1) whether, in order to ensure achievement of the aforesaid target, the Government has drawn up comprehensive policy directions and measures in areas such as waste treatment, energy supply, green building, green transportation, cleaner production and green finance, and formulated implementation timetables as well as short, medium and long term key performance indicators for such measures; if so, of the details; if not, the reasons for that;

(2) whether it will consider establishing a regular communication mechanism with the relevant Central ministries and the governments of Guangdong Province and Macao, so as to coordinate the implementation of carbon reduction initiatives in the Guangdong-Hong Kong-Macao Greater Bay Area, thereby matching the national target of achieving carbon neutrality before 2060; if so, of the details; if not, the reasons for that; and

(3) whether it will accept more views of the relevant professional sectors in order to step up efforts in achieving carbon neutrality, as well as strengthen the training and support for the relevant talents; if so, of the details; if not, the reasons for that?

LEGISLATIVE COUNCIL ― 26 May 2021 6189

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, the Hong Kong Special Administrative Region ("SAR") Government attaches great importance to combating climate change. We are moving towards the 2030 target of reducing Hong Kong's carbon intensity by 65% to 70%, compared to the baseline year of 2005, as set out in the Hong Kong's Climate Action Plan 2030+. Hong Kong's carbon emissions reached its peak in 2014, and the carbon intensity in 2018 was about 36% lower than that in the baseline year of 2005. To go further in deep decarbonization, the 2020 Policy Address announced that Hong Kong would strive to achieve carbon neutrality before 2050. To this end, the Government will update the Hong Kong's Climate Action Plan later this year to formulate the relevant policies and measures comprehensively.

(1) Hong Kong's local greenhouse gases mainly come from different emission sources. Electricity generation amounted to 65.6% of total emissions in 2018. Other major emission sources were the transport sector (18.1%) and waste management (7.4%). To reduce carbon emissions, the Government has taken a number of measures in areas such as waste management, energy supply, green building, green transport, cleaner production and green finance, etc.

On waste management, the Government announced in February 2021 the Waste Blueprint for Hong Kong 2035 to set out the vision of "Waste Reduction․Resources Circulation․Zero Landfill" and outline the strategies, goals and measures to tackle the challenge of waste management up to 2035. The long-term goal is to move away from reliance on landfills for direct waste disposal by developing adequate waste-to-energy facilities. As up to 90% of the carbon emissions generated from waste management came from landfills, moving away from reliance on landfills could help Hong Kong achieve deep decarbonization.

On energy supply, the Government will continue to see to it that the two power companies replace their coal-fired generating units with gas-fired ones. In 2020, the proportion of coal only accounted for less than one quarter of the fuel mix for electricity generation, which is substantially lower than its share in 2015 at about 50%. On the other hand, the share of natural gas increased to around 50%. We plan to raise the share of zero carbon energy further in 2025 from the current level of 28%. 6190 LEGISLATIVE COUNCIL ― 26 May 2021

To promote green building, the Energy Saving Plan for Hong Kong's Built Environment 2015~2025+ promulgated in 2015 set a target of reducing energy intensity by 40% by 2025. So far, the energy intensity in Hong Kong has decreased by over 30%. To lead by example, the 2019 Policy Address set the first ever Green Energy Target for the whole Government, improving the energy performance of government buildings and infrastructure by 6% by 2024-2025. Besides, the Government will construct an additional district cooling system in the Kai Tak Development Area, and new district cooling systems in Tung Chung New Town Extension (East) and Kwu Tung North New Development Area respectively. The three projects with a total construction cost of about $14 billion can save about 130 million kWh of electricity per annum.

To promote green transport, the Government published in March 2021 the Hong Kong Roadmap on Popularisation of Electric Vehicles ("EVs"), setting out the long-term policy objectives and plans to promote the adoption of EVs and their associated supporting facilities in Hong Kong. This will guide Hong Kong towards zero vehicular emissions before 2050. This roadmap acts in concert with our target of striving for carbon neutrality within the same time frame, thereby meeting our aspirations for "Zero Carbon Emissions․Clean Air․Smart City".

To improve the regional environmental quality, the Government launched the Cleaner Production Partnership Programme and allocated $293 million from 2008 to 2020 to facilitate the adoption of cleaner production technologies and practices by Hong Kong-owned factories in Guangdong Province and Hong Kong. The Programme has helped reduce 1.74 million tonnes of carbon emissions in the region annually. The Government allocated another $311 million in 2020 to extend the Programme to March 2025.

As regards the promotion of green and sustainable finance, the Green and Sustainable Finance Cross-Agency Steering Group promulgated a strategic plan in December 2020. It set out six key focus areas and five near-term action points for strengthening Hong Kong's financial ecosystem. To promote market development, the LEGISLATIVE COUNCIL ― 26 May 2021 6191

Government plans to issue green bonds totalling $175.5 billion in five years from 2021-2022, having regard to the market situation. Retail green bonds will also be issued for the participation of the general public.

Notwithstanding the above, further concerted efforts and adoption of more forward-looking strategies are required for Hong Kong to achieve carbon neutrality before 2050. We will formulate long-term decarbonization strategies and set the required targets for each major area when updating the Hong Kong Climate Action Plan.

(2) The Government has been conducting exchanges and collaborations with the Guangdong Provincial Government and Macao SAR Government on environmental protection matters, including decarbonization, through platforms such as the Hong Kong-Guangdong Joint Working Group on Environmental Protection and Combating Climate Change and the Hong Kong-Macao Environmental Protection Liaison Meeting. Following the directions of green and low-carbon development as set out in the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area ("GBA"), we will capitalize on the opportunities to strengthen exchanges and collaborations with other GBA cities in building low-carbon communities, developing carbon reduction technologies and promoting low-carbon products.

(3) Achieving carbon neutrality is a very challenging target that requires support from different professionals and talents to strengthen the development and application of innovation technologies. The public engagement on Hong Kong's long-term decarbonization strategy conducted by the Council for Sustainable Development has proactively collected public views, including those from different professional bodies and relevant experts. Since the announcement of the carbon neutrality target, the Government has been maintaining a close dialogue with various professional bodies on possible ways to achieve the target. To enhance staff development within the Government, the Government has set up an inter-departmental task force to study the global development of relevant technologies and strategies. The Government will also support the research and development and decarbonization efforts of local organizations and 6192 LEGISLATIVE COUNCIL ― 26 May 2021

industries through initiatives such as the Green Tech Fund and the Cleaner Production Partnership Programme, with a view to enhancing our soft and hard power, moving towards carbon neutrality.

IR DR LO WAI-KWOK (in Cantonese): President, the Secretary said in his main reply earlier that as up to 90% of the carbon emissions generated from waste management came from landfills, moving away from reliance on landfills could help Hong Kong achieve deep decarbonization. However, the Government is still seeking support from the Legislative Council for the extension of the West New Territories Landfill while the construction of the first waste-to-energy facility is underway, and only 3 000 tonnes of municipal waste can be disposed of per day in future. President, may I ask the Secretary what specific plans the Government has in place to move away from reliance on landfills for direct waste disposal?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Ir Dr LO for his supplementary question. What Ir Dr LO has said echoes the way forward in our Waste Blueprint for Hong Kong 2035 just published. In the process of transition to turning waste into energy and enhancing our ability to turn waste into energy, it is inevitable that we need to rely on some established practices. As Ir Dr LO also mentioned just now, a large-scale integrated waste treatment facility is under construction in Hong Kong. This facility is expected to be completed a few years later and by then, it can handle about 30% of municipal solid waste in Hong Kong, turning waste into energy. Meanwhile, food waste also takes up a large share and in this connection, over the last few years we have made a breakthrough in developing the first organic resources recovery centre known as O․ PARK1, which is capable of handling 200 tonnes of food waste per day, turning waste into energy.

Moreover, we have also stepped up cooperation with the Drainage Services Department, so that sewage treatment facilities can be effectively utilized to serve multi purposes, thereby expanding the facilities for turning food waste into energy. Meanwhile, in accordance with our Blueprint, we are making plans to expand some waste-to-energy facilities in future, so that most of the municipal solid waste received can be turned into energy. This is our goal, and as for the LEGISLATIVE COUNCIL ― 26 May 2021 6193 details, we will continue to communicate with the industry, including the professionals, so that our goal can be achieved step by step in accordance with the Blueprint.

MR KENNETH LAU (in Cantonese): President, my question to the Secretary is this: In the main reply he mentioned that up to 90% of the carbon emissions generated from waste management came from landfills and my question is, the West New Territories Landfill Extension Scheme is being carried out now and West New Territories is at the centre of the Greater Bay Area, that is, in the vicinity of Lung Kwu Tan where there are many facilities, including coal-fired power station, recycling park, etc. In this connection, has the Government considered making provisions for the replanning of this area? Is there communication between the Development Bureau and the Environment Bureau as to whether these facilities will be redeployed or reprovisioned, so that we can fully match the national goal of "3060"?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr LAU for his supplementary question. The Environment Bureau and the Development Bureau have closely communicated with each other in areas including the various developments in West New Territories mentioned by the Member just now, in order to explore ways to address the municipal needs in Hong Kong on the one hand and cope with the future development of Hong Kong in the short, medium and long terms on the other. Therefore, there is close communication among various departments. Moreover, we are currently working to minimize the environmental impact of different waste treatment facilities and in this regard, I believe Mr LAU and the local residents have closely liaised with our colleagues. But as we are in a stage of transition, we still need to have certain facilities to maintain the normal operation of society, and in accordance with our Blueprint for waste reduction, we have also put in place measures in the short, medium and long terms to strike a balance in various respects.

PRESIDENT (in Cantonese): Mr Kenneth LAU, which part of your supplementary question has not been answered?

6194 LEGISLATIVE COUNCIL ― 26 May 2021

MR KENNETH LAU (in Cantonese): I am the representative of the indigenous villagers of Lung Kwu Tan and I have land nearby.

MR MARTIN LIAO (in Cantonese): President, making changes to the economy and lifestyles can resolve the problem of climate change. Promoting carbon neutrality is a global trend, and I very much support the Government in updating the Hong Kong Climate Action Plan this year to specifically set out the goal of moving towards carbon neutrality in 2050 in Hong Kong. At present, two thirds of carbon emissions in Hong Kong come from power generation, and to achieve carbon neutrality, it is necessary to substantially increase the proportion of zero-carbon energy or renewable energy in the overall fuel mix for power generation. The Secretary has also admitted that there is room for adjusting the target of power generation by renewable energy. Besides, given the mountainous terrain and shortage of flat land in Hong Kong, mere reliance on locally produced renewable energy can hardly achieve the target of carbon neutrality, and even for such metropolises as London and New York, the renewable energy used there also rely on imports from other places.

Through you, President, I would like to ask the Government this: Insofar as Hong Kong is concerned, apart from the decarbonization projects and the Feed-in Tariff Scheme of the two local power companies, what other measures will be adopted in the future to increase the proportion of local renewable energy? Will the Government consider stepping up regional cooperation and importing renewable energy from places outside Hong Kong? If yes, what are the details?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr LIAO for his question. This issue is of great concern to us, and I thank Mr LIAO for supporting the direction of Hong Kong in moving towards carbon neutrality. To this end, increasing the use of zero-carbon energy is most important. Concerning local renewable energy in Hong Kong, as Members may know, there are three main sources, namely, solar energy, wind energy, and turning waste into energy. The Government has also taken forward work in these three respects in different ways. The Member mentioned Feed-in Tariff just now. It has been quite well-received in the past couple of years and so far, there have been more than 14 000 applications, of which 90% have been approved.

LEGISLATIVE COUNCIL ― 26 May 2021 6195

With the implementation of the relevant measures one after another this year, the amount of electricity to be generated can be three times the amount of domestic electricity consumption in the entire Whampoa area. Having said that, this still accounts for only a relatively small part of the overall electricity consumption in Hong Kong. Therefore, I agree with the Member's view, and we also conducted consultation some time ago. Results showed that there is support for the three respects that I mentioned earlier to be enhanced by all means, so that there can be more renewable energy locally. In the meantime, we should also actively explore ways to step up regional cooperation with places outside Hong Kong, so that in Hong Kong where land is relatively lacking, we can, through regional collaboration, increase the proportion of zero-carbon energy, including renewable energy. We will negotiate with energy companies and actively seek support from the relevant parties in the Mainland in a timely manner, in the hope of increasing the input of zero-carbon energy both locally in Hong Kong and from outside Hong Kong.

MR WILSON OR (in Cantonese): President, in part (2) on the third page of the main reply, the Secretary mentioned that the Government has proposed some concrete initiatives and conducted a lot of exchanges through the Hong Kong-Guangdong Joint Working Group on Environmental Protection and Combating Climate Change. But insofar as these collaborations and exchanges are concerned, the environmental protection industry with which I have contacted is actually more concerned about several issues, and I would like to ask the Secretary a question pertaining to these issues.

The Secretary pointed out that targets have been set for decarbonization and carbon emission. But many members of the industry are more concerned about how, through these interactions, the green industry can avail itself of business opportunities under such arrangements and also connect and interact with the Mainland without being confronted with two sets of standards. What specific measures or performance indicators have the Secretary put in place to respond to these issues of utmost concern to the green industry now?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr OR for his question. Mr OR's supplementary question covers a wide scope. With regard to decarbonization, and as it is said earlier, it includes a diversity of aspects, such as power supply, power consumption, new energy vehicles, waste reduction and recovery, and even green finance. Each of these aspects has a 6196 LEGISLATIVE COUNCIL ― 26 May 2021 different standard, and even involves participation from different talents. So, this supplementary question raised by Mr OR covers a wide scope. That said, I would like to cite some examples. In respect of green finance, for instance, this is undertaken through cooperation among government departments, and some standards and frameworks have also been set up locally and they are all in line with the international standards. Therefore, through various departments, we will work in concert with the Greater Bay Area to look into how we can forge cooperation in respect of green and sustainable finance. As I also mentioned just now, in recent years we have set up some platforms jointly with the industry in the hope of establishing some frameworks in this regard. Having said that, I think we can further explore how to enhance the relevant standards in various aspects in the light of the respective progress of work.

MR TONY TSE (in Cantonese): In Hong Kong, being a modernized, densely-populated metropolis, there is considerable room for the overall carbon emissions to be reduced and also for individual industries or enterprises to reduce their carbon emissions. The 14th Five Year Plan endorsed by the State recently mentioned the promotion of national markets for trading carbon emission rights, and in the Outline of the 14th Five-Year Plan published by the Guangdong Province just a month ago, it is even mentioned that an integrated carbon market can be established in the Greater Bay Area by leveraging on Hong Kong's advantage of being an open economy. The Secretary mentioned green finance just now. I would like the Secretary to tell us how the Environment Bureau will provide support in this respect, so that the relevant measures can help Hong Kong to achieve the target of carbon neutrality more easily.

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, as I said in the main reply, we support Hong Kong's Green and Sustainable Finance Cross-Agency Steering Group. It comprises representatives of the local finance industry as well as those of various Policy Bureaux of the Government, who have worked in concert to explore the relevant issues. It requires not only the input of the Environment Bureau but also collaborations among various Policy Bureaux of the Government to provide support to this area of work. We may look at it from two perspectives. First, to facilitate low-carbon transformation and in moving towards carbon neutrality, Hong Kong will need the relevant economic and financial support. The Government has also issued Green Bond to enhance the Government's support in this respect.

LEGISLATIVE COUNCIL ― 26 May 2021 6197

In the meantime, Hong Kong, being a financial centre, can even provide an opportunity for the neighbouring places to capitalize on Hong Kong's platforms when they are in need of financial support, thus helping different economies in the course of their low-carbon transformation. In this connection, we are currently working with the parties concerned through this cross-agency platform to explore ways to take forward work in this regard. I think this is all I can say in reply today, but the Environment Bureau has played a part in supporting the finance departments to negotiate with the industry. More details may be announced at a later time.

MR CHUNG KWOK-PAN (in Cantonese): Earlier on the Secretary mentioned many targets of carbon emission, saying that measures would be drawn up to achieve these targets. But if the Secretary basically refrains from doing one thing, I guarantee that it would be impossible for him to achieve the targets. What is it? I have mentioned it to the Secretary many times before, and it is green clothing. He has never done anything in respect of clothing.

I wonder if the Secretary knows that as many as 125 000 tonnes of clothes are dumped in landfills each year, meaning that 1 400 T-shirts are dumped every minute. This is the figures provided by the Government and yet, he has no policy to deal with it. As we all know, clothing is the second most polluting product in the world and when he does not do anything about it, how can he achieve the carbon emission targets that he is talking about now? It is downright impossible to achieve them.

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr CHUNG for his views. As I said earlier, moving towards the target of carbon neutrality is challenging. There are three main sources of carbon emissions in Hong Kong: First, power generation and consumption, which accounts for 60% to nearly 70%. Besides, transportation accounts for roughly close to 20%, and then waste management has a share of around 7% to 8%. In respect of waste management, it certainly includes discarded clothes and waste textiles or fabrics as referred to by Mr CHUNG just now. Such being the case, their proportion is counted as part of 7% and so, the situation in Hong Kong may not be the same as that described by Mr CHUNG.

6198 LEGISLATIVE COUNCIL ― 26 May 2021

Mr CHUNG was saying that garments are manufactured in many places and therefore, garments have played a very significant role in the global context. But insofar as Hong Kong's local carbon emission is concerned, we are confident in moving towards carbon neutrality. Our Blueprint for waste management now is, to a certain extent, targeting different types of waste management and also looking into how we can provide more facilities for turning waste into energy, with a view to facilitating deep decarbonization in Hong Kong.

PRESIDENT (in Cantonese): Fourth question.

Recovering the arrears of maintenance payments

4. MS ELIZABETH QUAT (in Cantonese): President, a survey conducted by the Census and Statistics Department in 2015 revealed that, among the divorced or separated persons (collectively referred to as "divorcees") entitled to receiving maintenance payments from their ex-spouses who were interviewed, about 40% had been unable to receive maintenance payments in full. Moreover, among those who had been owed maintenance payments, about 90% did not take legal actions to recover the arrears of maintenance payments, and their reasons for this included "application procedures for legal proceedings being too complicated", which was also very time-consuming (for instance, it took two years for some cases just to be set down for hearings). It is learnt that some people who are owed maintenance payments (especially single parents) have indicated that they often face financial difficulties. In this connection, will the Government inform this Council:

(1) whether, in order to help divorcees recover the arrears of maintenance payments more effectively, the Government will consider imposing punishments on those who have defaulted on maintenance payments (e.g. revoking their licences or prohibiting them from leaving the territory) so as to create a deterrent effect, as well as streamlining the mechanism for applying for an Attachment of Income Order to facilitate divorcees in recovering the arrears of maintenance payments through taking legal actions; if so, of the details; if not, the reasons for that;

LEGISLATIVE COUNCIL ― 26 May 2021 6199

(2) given that quite a number of divorcees are not eligible for applying for legal aid nor can they afford the legal costs, of the new measures in place to help them take legal actions to recover the arrears of maintenance payments; and

(3) whether it will, by drawing reference from the practices in countries such as the United States, Canada and Australia, consider afresh setting up a maintenance payment management board to coordinate matters relating to maintenance payments (including assisting in collecting, recovering and disbursing maintenance payments), or formulating a child support scheme for single parents; if so, of the details; if not, whether it will explore granting advanced payments for the arrears of maintenance payments to those who are owed their maintenance payments and thus facing financial difficulties, so as to enable them to meet pressing living expenses?

SECRETARY FOR HOME AFFAIRS (in Cantonese): President, family harmony is the foundation of a harmonious community. In the face of the challenges of economic and social changes, apart from providing different types of family education and support services, the Government is committed to enhancing the effectiveness of the system of collection of maintenance payments and enforcement of maintenance orders.

According to the Thematic Household Survey published by the Census and Statistics Department in 2016, there were about 362 200 persons who had ever divorced or separated between October 2015 and January 2016. Among these persons, about 80% (i.e. about 300 000 persons or 83%) of them had neither applied nor intended to apply for a maintenance order, among which about 90% (i.e. about 296 000 persons or 98%) did not enter into a relevant maintenance agreement with their ex-spouses. The major reasons were: "no such need" (56%), "both parties agreed not to require each other to provide maintenance" (16%), and "considered that men should not receive maintenance" (11.7%), etc.

Meanwhile, the Government has all along put in place arrangements, including the Comprehensive Social Security Assistance ("CSSA") Scheme and the Working Family Allowance ("WFA") Scheme, to support persons and families facing economic difficulties, regardless of whether they are single parents or maintenance payees. Both the aforementioned schemes provide 6200 LEGISLATIVE COUNCIL ― 26 May 2021 special assistance to meet the needs of single-parent families. For example, the CSSA Scheme provides a higher payment rate for single-parent families, whereas the WFA Scheme grants Child Allowance for each eligible child and the basic working hour requirement for single-parent families is only pitched at 36 hours per month which is much more lenient than the basic working hour requirement for non-single-parent families.

Having consulted the Labour and Welfare Bureau, the Social Welfare Department, the Department of Justice, the Judiciary and the Legal Aid Department, my consolidated reply to Ms Elizabeth QUAT's question is as follows:

(1) and (2)

Over the years, the Government has implemented a series of measures to improve the system of enforcement of maintenance orders. These measures include relaxing the requirement for the Court to make an Attachment of Income Order ("AIO"), imposing interest or surcharge against defaulting maintenance payers, allowing designated government departments to disclose the addresses of maintenance payers upon the request of legal professionals where it is in compliance with relevant legislation, and adjusting upward the amount of monthly maintenance that may be exempted from the Director of Legal Aid's First Charge etc., with the aim of assisting divorcees to recover maintenance payments and catering for their needs in a more effective manner.

Furthermore, the Government has been conducting publicity and education programmes to enhance public understanding of the responsibilities of maintenance payers, the rights of maintenance payees and the services available to payees when they fail to receive maintenance payments.

Currently, if the paying party who is ordered by the Court to make maintenance payments is in default, the receiving party may take out enforcement proceedings to enforce the judgment or order. The enforcement proceedings include Judgment Summons, Charging Orders, Garnishee Orders, AIOs and Writs of Fieri Facias.

LEGISLATIVE COUNCIL ― 26 May 2021 6201

As regards Judgment Summons, during the proceedings for committal, if the Court is satisfied that the judgment debtor (i.e. the maintenance paying party) (i) has, or has had since the date of the order, the means to pay the sum in respect of which he/she has made default; and (ii) has refused or neglected, or refuses or neglects, to pay the sum, and rules that the judgment debtor is in contempt of court, then it may, in its discretion, make an order of committal and impose imprisonment of the judgment debtor. When the Court makes an order of committal as a penalty for contempt of court, it will consider relevant factors, including the amount and duration of maintenance arrears, whether the judgment debtor has continuously been in obvious defiance of the Court's order.

Besides, the maintenance payee can apply to the Court for a Prohibition Order to prohibit the maintenance payer from leaving Hong Kong to assist the collection of maintenance payments as set out in the maintenance order. The Prohibition Order will be valid for one month, and on the application of the judgment creditor, the Court may extend the order for a period which does not exceed three months.

We will continue to review the system of collection of maintenance payments and enforcement of maintenance orders so as to assist persons in need to recover maintenance payments.

(3) We understand that specialized agencies or schemes are in place in some overseas countries or places to handle matters relating to maintenance payments. In this connection, the Government has commissioned a research team through the Family Council to conduct a study to review the existing system of collection of maintenance payments and enforcement of maintenance orders, examine the pros and cons of overseas systems relating to maintenance payments and their arrangements of administrative and legislative measures, and analyse their applicability to Hong Kong, etc.

The study is underway at present. The report will be submitted to the Family Council for consideration and discussion upon 6202 LEGISLATIVE COUNCIL ― 26 May 2021

completion of the study. The Government will, having regard to the findings of the study, views of the Family Council and other relevant factors, consider the way forward.

MS ELIZABETH QUAT (in Cantonese): President, society and the Government have long ignored the needs of these divorced families, particularly single-parent families. As regards the issue of recovering maintenance payments, many social welfare institutions and groups as well as organizations for single-parent families have actually kept seeking help from me and conveying their views to me over the years. In this connection, we have also reflected our views on this issue in the legislature. I have witnessed quite a number of single mothers crying while telling their stories, which is really heart-wrenching.

According to the Secretary's main reply just now, it seems that in Hong Kong, there are many things that these people can do. If they are hard up for money, they can apply for CSSA. If they fail to recover any maintenance payments, they can file a lawsuit and apply to the Court for a Prohibition Order. However, the fact is that many single mothers have to go out to work, so that they will not be affected by the intermittent maintenance payments. For those who have taken up outside employment, they may have some assets and may no longer be eligible for CSSA. If they lose their jobs and fail to receive maintenance payments, their whole families, including their children, will be left with no money to live on.

They can indeed file a lawsuit, apply to the Court for a Prohibition Order, and do a lot of other things. But they need to pay their solicitors' fees on their own, as they are not eligible for legal aid. We are simply puzzled as to why that "girl with a broken eye" could easily succeed in applying for legal aid, while mothers from single-parent families fail to do so. They need to pay fees before filing a lawsuit, but they are already hard up for money. In that case, how can they get the money to file a lawsuit?

As such, the maintenance payment problem we are now facing is that a maintenance payer may pay or refuse to pay maintenance. One who pays $10,000 per month may suddenly reduce the amount of monthly payment to only $1,000. The payer can indeed pay $1,000, and there is nothing the payee can do about it. Even if the payee can apply to the Court for a Prohibition Order to LEGISLATIVE COUNCIL ― 26 May 2021 6203 prohibit the payer from leaving Hong Kong, the litigation proceedings may take two or three years, and the payee needs to pay the solicitor's fees first. Judging from the cases we have come across, the entire system is now unable to assist single-parent families, particularly single mothers, who need to recover maintenance payments.

For this reason, I sincerely hope that the Government can hear their voices, consider following the examples of overseas countries by setting up a specialized agency and scheme, so as to truly assist such single-parent families in recovering maintenance payments. There are various approaches that can be adopted. If the Government continues to give us such a reply, problems faced by these single-parent families will only be ignored and fail to be solved.

SECRETARY FOR HOME AFFAIRS (in Cantonese): Let me give a simple reply. The Honourable Member and I often meet with single-parent families, and I believe that she understands their difficulties very well. While conducting the study and review, we have not ceased moving forward. For example, in my opening remarks just now I have mentioned the assistance measures we adopted in the past. Among our improvement measures, we have, as I have said just now, adjusted the amount of allowance deductible in our review of the Legal Aid Department ("LAD"). In addition, as regards the arrangements for legal aid applications mentioned just now, we have learned that it took an average of 50-odd days for LAD to process an application for enforcing a maintenance order over the past five years. If a person has applied for and received a Legal Aid Certificate from LAD but the maintenance payments are in default, she can also apply for extending the scope of the Legal Aid Certificate to enforce the maintenance order.

In fact, we will continue to examine the details and continue to enhance the existing system from the user perspective. In this connection, we are making improvements to simplify the procedure for CSSA recipients to recover the arrears of maintenance payments. We are now collecting different data and scenarios, in the hope of proposing a direction for future development in the study report. Upon the conclusion of the study, we will further report to the Family Council. At the same time, I believe that we will then examine and consider the way forward with Members.

6204 LEGISLATIVE COUNCIL ― 26 May 2021

MS YUNG HOI-YAN (in Cantonese): President, the main reply, particularly the first paragraph, actually infuriates me. We are now talking about how to recover maintenance payments, but the Secretary is still telling us that "family harmony is the foundation of a harmonious community". Many single mothers are really infuriated at the reply. I wonder whether the Secretary is aware that there have been many assaults cases in the Family Court in recent years, such as ex-husbands stabbing their ex-wives or barristers being attacked. Having seen such cases, I understand why it is so important and so difficult to recover maintenance payments. I certainly understand that the Secretary has said in his reply that the Family Court has been consulted about how to deal with the matter. One can apply for an order of committal, Judgment Summon, Charging Order and Attachment of Income Order. However, we must understand that since it is already very difficult for a single mother with a child to land a job, it is simply impossible for her to undergo so many legal procedures.

The reason why, as indicated by figures provided by the Government, single mothers generally make no applications for recovering maintenance payments is that it is really impossible or very difficult for them to do so. First, they need to apply for legal aid, which already takes several weeks. Then they need to file an affidavit or a pleading before taking questions from the other party. The other party, namely the man, will definitely raise his objection, saying that he actually has no money. Therefore, it is very difficult for the lady to apply for an order of committal or Judgment Summon. The threshold is very high.

May I ask the Secretary whether he has compiled any statistics on how many people have really been arrested and imprisoned for failing to pay maintenance over the years? This is not the way to address the problem. May I ask the Bureau, as far as court application procedures are concerned, whether there is any support provided to single mothers, or whether they are encouraged to handle maintenance-related issues by way of mediation?

SECRETARY FOR HOME AFFAIRS (in Cantonese): President, as regards the cases mentioned by the Honourable Member just now, mediation is certainly a good method. However, cases involving domestic violence referred to by the Honourable Member just now are far more complicated and go beyond the issue of maintenance payments. In the past, when I worked with the Labour and Welfare Bureau, similar questions were likewise raised. The difficulties faced LEGISLATIVE COUNCIL ― 26 May 2021 6205 by women, especially single mothers, are not limited to maintenance payments. In many cases, if many different services, such as child care services, can be provided, they can free up their own capacity and time for work or employment. For this reason, we need to examine the overall policy.

Well, as I have mentioned just now, we hope to identify certain directions in this study in respect of the difficulties faced by women in recovering maintenance payments. First, we need to collect information on the population of Hong Kong. As Members may have noted, the number of divorce cases in Hong Kong has been on the rise. We should therefore have a good grasp of our demographic structure and the services required, so that we can plan well for the future. As such, we will include in this study the age and economic background of divorcees and the enforcement situation. We previously hoped to conduct our study as soon as possible, but because of the pandemic, the interviews were slightly delayed. However, we will not cease our efforts.

As I have said just now, we will improve the existing system at the same time, particularly for many financially needy families. For example, in respect of their CSSA applications, certain improvements have already been made for them, without having to wait for our completion of the report. As such, we hope that in the future we will draw reference from overseas cases and examine how we can help these people in need, such as recovering arrears or seeking services from different departments, and even providing them with certain assistance by simplifying the procedure and shortening the time required. Well, as I have said just now, many other problems faced by single mothers involve the need for other welfare services other than the recovery of maintenance payments. We will therefore conduct a comprehensive review with the Labour and Welfare Bureau and the Government as a whole on how to improve the existing support for single-parent families and single mothers.

MR PAUL TSE (in Cantonese): President, this reply can be said to be the Secretary's Four Moves of Tai Chi. First, it states that there is not much need judging from the small number of applicants. Second, it states that CSSA provides safeguards. Third, it states that quite a number of court procedures are in place, but they file no applications. Fourth, more surprisingly, it states that we are conducting a consultation and a study. None of these statements provide answers to the questions. I understand that Hong Kong is a Chinese society comprised of Chinese families, and perhaps unlike foreign families whose 6206 LEGISLATIVE COUNCIL ― 26 May 2021 maintenance payments are generally absurd. The Chinese can indeed rely upon themselves and do not want to bother others, but the problem is that many cases mentioned by my colleagues just now do need help. If the Bureau will do something, please do it immediately.

In part (3) of the main reply, the Secretary has indicated that, first, a study is underway; second, a report will be submitted to the Family Council for consideration and discussion upon completion of the study; third, the Government will further consider the findings of the study; fourth, the way forward will be considered. This is all beating around the bush, with no sincerity at all. If the Secretary really wants to do it, will he consider formulating a timeline and proposing measures as soon as possible, such as extending loans, further shortening court application time and reducing the costs required, so that people who are really in need―there are not many people who are in need―can make it as soon as possible. In this connection, will the Secretary make an undertaking? Stop playing Tai Chi, and please give us a positive reply.

SECRETARY FOR HOME AFFAIRS (in Cantonese): President, people who know me also know that I usually do not procrastinate, and I will do what I can do as soon as possible. In my reply just now, I have specifically mentioned that a grass-root single mother would encounter difficulties in applying for CSSA in the past, for the reason that, in terms of computation, if she was a maintenance payee but had yet to receive it, obstacles would arise in her application. For this reason, in the past, we did not need to wait for the completion of our report before introducing certain improvement measures to simplify the application process and provide exemptions for these applicants so that they could receive welfare protection in a timely manner.

How can we help these families in various ways? Apart from the social security system, we are, as Members have just mentioned, studying how to streamline the procedure at the same time. In addition, it is difficult for Hong Kong to fully model itself on overseas examples, which have their own pros and cons. For example, we have observed some examples in foreign countries where the establishment of a maintenance payment management board may give maintenance payers the impression that since there is already a board, they feel even less motivated or will not find it necessary to pay maintenance. This is a wrong message we do not wish to send out.

LEGISLATIVE COUNCIL ― 26 May 2021 6207

In addition, I have noted the high administrative fees in association with enforcement procedure in overseas jurisdictions. In some countries or regions, the administrative fees collected by the management board amount to over 20% of the maintenance payments. For this reason, we need to study how different approaches can be adopted to suit the circumstances in Hong Kong. As indicated by some Members just now, we must address people's pressing needs. As I have said just now, our study is underway and many tasks are being undertaken in tandem. If we reach consensus on any of them, we will not wait and will launch it as soon as possible. However, as regards the details, we believe that we need to hold in-depth discussions with the Family Council before giving proper consideration to future planning.

PRESIDENT (in Cantonese): Mr Paul TSE, which part of your supplementary question has not been answered?

MR PAUL TSE (in Cantonese): President, I have certainly got it. As indicated by the former Secretary, when so many issues were raised, it was difficult for him to undertake to implement any policy. This is exactly the problem. If the Government really has the intention to do so, may I know whether the Secretary can provide us with a practicable timetable, so that we will know when the study of the Bureau will be submitted to the Family Council? What will bet the next step, so that we can have a more definite sense of direction?

SECRETARY FOR HOME AFFAIRS (in Cantonese): As I have said just now, our study is almost completed, and we hope that it can be presented to the Family Council as soon as possible. If the Family Council and other parties concerned agree with the contents of the report, we will upload the report onto our website for public inspection.

PRESIDENT (in Cantonese): Fifth question.

6208 LEGISLATIVE COUNCIL ― 26 May 2021

Promoting the use of electric public light buses

5. MR WILSON OR (in Cantonese): President, over the years, the Government has been encouraging the transport sector to try out and use green innovative transport technologies, including electric and hybrid public light buses ("PLBs"). In this connection, will the Government inform this Council:

(1) of the latest progress of the Government's efforts in promoting the switch to electric PLBs ("e-PLBs") by PLB service operators; whether it has drawn up a timetable for that;

(2) as the Government is taking forward a pilot scheme on setting up fast charging facilities for e-PLBs and providing a relevant paid charging service at the public transport interchange in Kwun Tong Town Centre, of the latest progress of the scheme; and

(3) as some PLB service operators have indicated that the Government's failure to resolve the problem of insufficient charging facilities for e-PLBs all along is the main reason for the trade's hesitation in putting in more resources for switching to e-PLBs, of the Government's new solutions to this problem?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, the Environment Bureau announced in March this year the first Hong Kong Roadmap on Popularisation of Electric Vehicles ("EV Roadmap"), setting out the long-term policy objectives and plans on the adoption of electric vehicles and their associated supporting facilities. One of the initiatives is to actively promote trials for electric public transport and commercial vehicles including e-PLBs so as to map out a more concrete way forward and timetable in around 2025.

Regarding the questions raised by Mr Wilson OR on e-PLBs and their charging facilities, my responses are as follows:

(1) PLBs are a means of transportation unique to Hong Kong with specific dimensions, specifications and number of seats. As technologies related to e-PLBs are still under development, coupled with the fact that both the hilly terrain in Hong Kong and the supply of air-conditioning during summer require e-PLBs to have batteries LEGISLATIVE COUNCIL ― 26 May 2021 6209

with a higher driving range, models of e-PLB that can meet their whole-day operational needs are currently not yet available in the local market. To speed up the adoption of e-PLBs in Hong Kong, the Government engaged a consultant in March 2019 to develop the basic specifications and requirements for e-PLBs and their associated charging facilities that are suitable for the local operating environment, in order to provide guidance for manufacturers and charging service providers in the manufacturing of e-PLBs and charging facilities capable of fast charging. The consultant was also tasked to identify suitable PLB routes for trial under the pilot scheme, and to consult PLB trade members about their intention of joining the pilot scheme and using e-PLBs. The guidelines on such specifications and requirements were published in October 2020. We have preliminary identified various public transport interchanges ("PTIs") in Hong Kong Island, Kowloon and the New Territories with the operation of e-PLBs which are suitable for the trial, and will determine the routes within this year after our detailed review. Besides, we have liaised with several e-PLB suppliers and encouraged them to develop and supply suitable e-PLBs for the local use as early as possible.

The Government has earmarked $80 million to subsidize about 40 (e-)PLBs and their associated charging facilities for the implementation of a pilot scheme on e-PLBs. We will first focus on green PLBs as they are running on fixed routes that are relatively short and hence their requirements on driving range and charging power are easier to cope with. Quick charging facilities will be installed at PLB termini, PTIs or other places where PLBs operate. We anticipate that the trial scheme will officially commence in 2023, when e-PLBs running on various routes will conduct a trial for about 12 months. Upon completion of the trial, we will evaluate the performance of e-PLBs and their charging facilities, and devise a concrete and feasible roadmap for the electrification of PLBs.

(2) The operators and relevant trade associations of PLBs operating in Kwun Tong once informed the Urban Renewal Authority ("URA") that a supplier of e-PLB charging facilities had expressed willingness to set up charging facilities at its own cost for providing e-PLBs with paid charging services at PTI in Kwun Tong Town Centre. 6210 LEGISLATIVE COUNCIL ― 26 May 2021

Subsequently, URA has reserved power supply and three locations at PTI for future installation of charging facilities, and has also requested the relevant government departments to assist in arranging for a contractor to install e-PLB charging facilities at PTI. In this connection, the Environmental Protection Department ("EPD") issued a notice on 15 October 2020, inviting contractors interested in setting up, at their own cost, e-PLB charging facilities at the new PTI in Kwun Tong Town Centre to submit proposals. The open invitation set out the conditions to be observed by the contractors to ensure that they could provide e-PLB charging facilities catering for the local operating environment of PLBs at a fee level acceptable to the trade. A total of five proposals were received in the open invitation. However, after careful examination, none of these proposals was accepted because they could not meet the specified requirements in full. EPD made another open invitation on 22 March 2021. A total of four proposals have been received and they are being examined.

(3) It is stated clearly in EV Roadmap that the Government will pave the way for the trade to switch to electric commercial vehicles progressively in the coming few years, and continue to conduct trials together with different trades to test the technical and commercial viability of different types of electric commercial vehicles for use in the local environment, with a view to identifying the best options for Hong Kong so as to map out a more concrete way forward and timetable in around 2025. As for e-PLBs, we will formulate the electrification options based on the experience gained and the data collected through the trial for e-PLBs. Moreover, the Government will designate charging bays for e-PLBs in all newly planned PTIs, with the amount of charging facilities provided subject to the number and daily mileage of e-PLBs.

MR WILSON OR (in Cantonese): President, as far as the Secretary's main reply is concerned, frankly speaking, those who do not understand the situation will find it quite alright, but those who understand the actual situation will find it a joke and be shocked by the Secretary. At a glance, the Secretary's main reply makes it seems like the Government has done a lot of work with a decent overall planning. However, the point is that the Secretary did not go into great lengths LEGISLATIVE COUNCIL ― 26 May 2021 6211 in the main reply to respond to the current concerns of the both the industry and the public.

The aspirations of the public are very simple. They hope that the Government can properly play the role of a facilitator and promoter in respect of e-PLBs so that passengers can go home comfortably and safely and do not have to inhale exhaust fumes when waiting at PTIs. Secretary, what are the concerns of the industry? They have no problem whatsoever with supporting the Government's policy, but they cannot see any prospect in respect of the supporting facilities, transport, charging facilities and charging stations. It turns out that the road ahead is uncertain and blurry.

Secretary, I want to tell you that if the Government is determined to do so, it is really … the Financial Secretary will allocate $80 million this year for the trial scheme which will only commence in 2023 and implemented in 2025. Secretary, instead of beating around the bush, can you take it more seriously, think what people think and address people's pressing needs by drawing up better planning parameters, timetable and arrangements to tell the public how many PTIs will be equipped with charging facilities and how will it help the industry in promoting the scheme in the future so that their dreams can come true and meet the Government's emission reduction targets, Secretary?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr OR and the industry for their concern about the EV Roadmap, including the promotion of e-PLBs. I believe we all understand and support the general direction. Nevertheless, as I have stated in the main reply, PLB is a vehicle type unique to Hong Kong, with its own unique challenges which demand the concerted effort of the Government and the industry.

Here, I will make two specific responses. First, the trial scheme will be formally implemented in 2023, not 2025. So, we are working hard on it. It is now 2021 and the trial scheme will be implemented in two to three years. The trial scheme will cover several locations across the Hong Kong Island, Kowloon and the New Territories. If my understanding is correct, there should be five routes covering three areas, namely the Hong Kong Island, Kowloon and the New Territories, to gain different experiences based on which we can continue to take forward the initiative.

6212 LEGISLATIVE COUNCIL ― 26 May 2021

What I can also add is that, regarding the Kwun Tong case of Mr OR's concern, we are working closely with the industry. We have received their latest proposals and the response was positive. We will select a suitable proposal expeditiously in order to further accelerate the installation of charging facilities in Kwun Tong so that relevant e-PLB routes in Kwun Tong can be launched as soon as possible for the public to feel the change.

PRESIDENT (in Cantonese): Mr Wilson OR, which part of your supplementary question has not been answered?

MR WILSON OR (in Cantonese): President, the Secretary has not answered my question at all. Does the Administration have any performance indicator for promoting the implementation of the scheme at PTIs? Secretary merely beat about the bush just now. It is alright if the Secretary cannot give an answer today. I hope he will reply me later, okay?

PRESIDENT (in Cantonese): Mr Wilson OR, you have already pointed out the part of your supplementary question that has not been answered.

Secretary, do you have anything to add?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, as I have said just now, this trial scheme is an important milestone for PLBs. We intend to include five routes in the scheme spanning across the Hong Kong Island, Kowloon and the New Territories. We will be able to accumulate experience during the few years so as to further promote this vehicle type in Hong Kong.

DR JUNIUS HO (in Cantonese): Just now, I heard the Secretary say that tenders from several interested parties were received but none of them were suitable. As the Secretary has pointed out, PLB is a vehicle type unique to Hong Kong, so it is indeed unlikely to find interested parties meeting the requirements through general tenders. Will the Administration consider taking an active approach? For example, there are many factories manufacturing electric vehicles in the LEGISLATIVE COUNCIL ― 26 May 2021 6213

Mainland. The SAR Government can, in a sincere manner, invite Mainland manufacturers to submit tenders in Hong Kong. Has the Administration done so? If no manufacturer was specifically invited and that the scheme will commence in two years in 2023, will the Administration draw on the experience gained this time and consider actively identifying companies with the capability and sincerely invite them to submit tenders next time, instead of waiting around for luck? This can save the effort and lead to better results. Will the Administration consider doing so?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank the Member for the suggestion. We will actively consider it.

That said, I would also like to take this opportunity to clarify that at least two projects were mentioned in the main reply. The one put out for re-tendering and inviting proposals mentioned by the Member just now is the project in Kwun Tong.

In fact, we have been communicating with the industry. Given the technicality of this vehicle type, can the communication be improved? I believe the outcome of this matter should be relatively positive despite the fact that re-tendering was needed. As I have just said, a total of four proposals have been received and according to the preliminary report by our colleagues, the outcome should be positive which hopefully can be announced soon. So, the outcome of this matter should be positive.

The Member also mentioned the trial scheme on e-PLBs with a subsidy of $80 million covering different routes across the Hong Kong Island, Kowloon and the New Territories. I have heard the Member's opinion and will discuss with my colleagues whether we can be more proactive in identifying suitable tenderers, so as to take forward the trial scheme more smoothly.

MR PAUL TSE (in Cantonese): President, I want to make something clear. Indeed, there might have been a misunderstanding in Dr Junius HO's supplementary question because the tendering exercise in question now is related to the charging stations located in Kwun Tong, as explained by the Secretary. I want to focus more on the problems and difficulties faced by the Administration, which seem to be the hilly terrain in Hong Kong. Because of that, PLBs have to 6214 LEGISLATIVE COUNCIL ― 26 May 2021 possess sufficient power and durability which seems difficulty enough already, not to mention having to actively identify―as indicated in a paragraph in the main reply―the Administration has liaised with PLB manufacturers and suppliers to develop PLB suitable for Hong Kong's conditions.

I want to focus on asking the Secretary what exactly is the critical path of the issue? Does the issue lie in finding PLBs or arranging charging facilities at PLB termini? Because it seems that the Administration is trying to address both issues, but which one should be prioritized for the better and more proactive implementation of the measures, direction and scheme?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank the Member for the supplementary question. The Member raised a good question. The promotion of electrification of public transport is facing two major challenges: first, whether the vehicle type is suitable for Hong Kong's environment or operation, which is important. As I have said earlier, the size and mode of operation of PLBs are unique to Hong Kong, so someone has to dedicate efforts to develop this vehicle type suitable for operating in Hong Kong; second, whether there is any space along PLB routes for installing charging facilities compatible with its operation is also important. Hence, vehicle type and the supporting charging facilities both affect the roadmap on the popularization of electric vehicles.

Let us go back to the case of Kwun Tong. URA has reserved space and charging infrastructure during redevelopment. Hence, we will put in place the relevant charging facilities through tendering while the industry is looking for suitable vehicle types. Therefore, I hope the intended results can be achieved as early as possible in Kwun Tong.

At the same time, we will commence an $80-million trial scheme which hinges on two aspects: vehicle type and the several routes across the Hong Kong Island, Kowloon and the New Territories with different environments. As Members all understand, some routes have their terminals located at a PTI, while some are just by the roadside. Therefore, we have identified five typical routes among green minibus routes in Hong Kong for the trial scheme in order to gain practical experience in terms of vehicle type and power supply. The experience gained during the few years will provide a good foundation for us to continue to move forward. Simply put, these two factors are the key. In the route selection process, we have considered the operation of different routes across the territory. LEGISLATIVE COUNCIL ― 26 May 2021 6215

Some of the routes will be on the Hong Kong Island because some routes on the Hong Kong Island have to pass through hilly environment; some routes are longer in distance in a relatively flat area; while some routes cover a combination of both. Hence, we have been communicating with the industry when selecting these routes. Hopefully, with our concerted efforts, we will able to pinpoint the crucial aspects in terms of operation of various green minibus routes in Hong Kong in the next few years so as to continue to move forward.

PRESIDENT (in Cantonese): Last oral question.

Air pollution problem in Tsuen Wan and Kwai Tsing Districts

6. MR CHAN HAN-PAN (in Cantonese): President, the Government installed four dry weather flow interceptors ("DWFIs") in Tsuen Wan one and a half years ago to intercept effluent flow in stormwater drains and drainage channels in dry weather and divert it to the sewerage system. However, the seawater near the waterfront of Tsuen Wan still gives off stenches from time to time. Besides, container vessels continue to emit pollutants after berthing at the Kwai Chung Container Terminals ("KCCTs"), causing air pollution problem. In this connection, will the Government inform this Council:

(1) whether it will consider requesting the operators of KCCTs to install onshore power supply facilities, so that container vessels may switch to using electricity after berthing; if so, of the details and timetable; if not, the reasons for that;

(2) whether it has gained an understanding as to why the aforesaid DWFIs have failed to solve the problem of the seawater giving off stenches, and what other solutions are in place; and

(3) given that there are often strong smells of petrol near the waterfronts of Tsuen Wan and Kwai Chung, whether the Government has deployed staff to regularly inspect the berthing spaces for vessels carrying dangerous goods, so as to prevent lawbreakers from illegally selling fuel there, and whether it has considered relocating such berthing spaces; if so, of the details; if not, the reasons for that?

6216 LEGISLATIVE COUNCIL ― 26 May 2021

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, as regards the question raised by Mr CHAN Han-pan, having consulted the Drainage Services Department ("DSD") and the Marine Department ("MD"), my response is as follows:

(1) To improve air quality, the Government controls the use of marine fuel in vessels to reduce their emissions of sulphur dioxide and suspended particulates. Starting from 1 July 2015, Hong Kong was the first port in Asia to mandate ocean-going vessels ("OGVs") to switch to low sulphur fuel (i.e. fuel with sulphur content not exceeding 0.5%) while at berth in Hong Kong waters. From 1 January 2019, the Government further collaborated with the Mainland to jointly set up a Domestic Emission Control Area ("DECA") in the Pearl River Delta region. All vessels (including OGVs) within DECA (including Hong Kong waters) are required to use compliant fuel (including low sulphur fuel), irrespective of whether they are sailing or berthing, which was a year earlier than the implementation of the global sulphur cap (i.e. limiting the sulphur content in fuel to not exceeding 0.5%) by the International Maritime Organization on 1 January 2020. Since the implementation of the above measures, the annual average concentration of sulphur dioxide recorded in 2020 at the Kwai Chung Air Quality Monitoring Station in the vicinity of KCCTs has reduced by about 70% as compared with 2014, indicating that the control measures have been effective.

As regards Mr CHAN's question on whether onshore power supply ("OPS") facilities can be installed at KCCTs so that container vessels can switch to use electricity while at berth, it should be noted that vessels must be equipped with appropriate OPS facilities for connecting to the OPS systems at the terminals. Currently, there are few OGVs in the world equipped with OPS facilities and such installation is not common. The installation of OPS facilities at KCCTs at this moment will not bring along any apparent improvement in air quality. We will continue monitoring the international development of OPS and other emission reduction technologies so as to timely consider the need of providing OPS facilities at KCCTs for OGVs.

LEGISLATIVE COUNCIL ― 26 May 2021 6217

(2) Similar to many old urban areas in Hong Kong, Tsuen Wan is a densely populated district packed with new and old buildings and vibrant city activities. This unavoidably result in some polluted surface run-off entering the Tsuen Wan Bay via the stormwater drainage system, causing odour problem to the near-shore waters. In order to improve the coastal water quality of old districts along Victoria Harbour including Tsuen Wan, the Government commissioned a consultancy study on Further Enhancing the Quality of Coastal Waters of Victoria Harbour to conduct a holistic review of the situation in various districts and to develop necessary improvement measures.

The provision of dry weather flow interceptors ("DWFIs"), in location such as Kai Tak Nullah, has been demonstrated as an effective measures in preventing polluted water from entering the sea through stormwater drainage system. The four DWFIs mentioned by Mr CHAN are located at Tsuen Wan Market Street, Wo Di Street, Hoi Pa Street and Chung On Street. These DWFIs built by DSD in October 2019 are part of an advanced project implemented by the Government for early improvement of the coastal water quality of Tsuen Wan Bay. At present, these DWFIs have been intercepting some pollutants from entering Tsuen Wan Bay as designed. Furthermore, we are constructing another eight DWFIs in Kwai Chung and Tsuen Wan to intercept the wastewater from the rural areas and prevent it from entering the marine waters in Tsuen Wan via stormwater drainage system. These DWFIs will be progressively completed by 2023.

In order to resolve the odour problem at Tsuen Wan Bay in the long term, we are planning some newly designed large-scale dry weather interception facilities at downstream location of the box culverts of Tai Ho Road and Ma Tau Pa Road as recommended in the consultancy study. These facilities aim to cover the largest rainwater catchment area in Tsuen Wan District and intercept the maximum amount of pollutants. The works project has been included in the Public Works Programme, and the investigation and design work is underway. Subject to support from the local community and funding approval by the Legislative Council, the project is expected to be completed in 2027-2028 the earliest.

6218 LEGISLATIVE COUNCIL ― 26 May 2021

In addition, DSD and the Hong Kong University of Science and Technology ("HKUST") has developed a new technology on "odour-control hydrogel" which was found effective in reducing odour in drainage systems during the on-site tests. We commenced in stages since March 2021 the deployment of "odour-control hydrogel" at stormwater outfall locations of Tsuen Wan waterfront and their vicinity where there are potential odour problems.

Looking ahead, we will continue to implement various measures to enhance the quality of coastal waters and improve the overall environment of Tsuen Wan Bay, which include tracing pollution sources; stepping up our enforcement actions; rectifying sewer misconnections; clearing and desilting drains; rehabilitating underground sewers progressively; and conducting publicity and education on prevention of near-shore water pollution.

(3) MD deploys patrol launch to conduct routine patrol duties in Tsuen Wan and Kwai Chung water areas. Apart from routine ship safety inspection, MD will also carry out educational/promotional activities such as distribution of safety leaflets and anti-littering operation from time to time. MD did not find any illegal fueling activity at the Tsuen Wan Dangerous Goods Anchorage ("TWDGA") in the past few years.

TWDGA was established in 1968 for the berthing and sheltering of local oil carries. As TWDGA is located in sheltered waters, it is the only DGA in Hong Kong with private moorings (70 in total) for the local oil carriers. Since TWDGA is operating well, MD has no plan for relocation at the moment.

MR CHAN HAN-PAN (in Cantonese): President, sometimes the Secretary is a bit inconsistent in what he says. It is said that switching off idling vehicles can reduce carbon emissions, but switching off idling vessels will not have much effect. Such a remark is incomprehensible. Nevertheless, I would like to follow up on DWFIs in Tsuen Wan. We have strived and waited for these four DWFIs for more than 10 years. The Government told us that the installation could achieve an improvement rate of 70%. Recently, however, the residents have found that the seawater still gives off stenches. Sometimes it is even worse than LEGISLATIVE COUNCIL ― 26 May 2021 6219 before. In the past, when DWFIs were being built, I made a suggestion. That is, why not collect all the sewage downstream at one go? This could put things right once and for all. But the answer I received at that time was that there was no need to do so. It would be fine as long as the work was done upstream. But now it turns out that such work also needs to be done downstream.

I wish to ask the Secretary this: Since we already know that the installation of two large-scale DWFIs downstream is the most effective and thorough measure, is it reasonable to wait until 2027-2028 for its completion when residents have already moved in with over 100 000 households currently living along the coast? Can the time be advanced? Even if funding approval from the Legislative Council is required, I believe Members here will be very supportive of this kind of measures for improving people's livelihood. Will the Secretary seek funding approval from the Legislative Council earlier for this proposal which is conducive to tackling the seawater odour, so that it can be implemented as soon as possible?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr CHAN Han-pan for his supplementary question. It happened that at the meeting of the Legislative Council Panel on Environmental Affairs this Monday, there was a related agenda item. I understand that the Under Secretary and Mr CHAN had a detailed exchange in this regard. We are all very concerned about how to improve the odour problem along Tsuen Wan Bay. Being also highly concerned, the Government has adopted a multi-pronged approach to deal with this issue.

Let me briefly and directly answer the Member's supplementary question. We can see that the existing and following measures can produce considerable effects, but there is still the need to expand the coverage and deal with this problem more thoroughly. The project mentioned by the Member concerns the installation of large-scale DWFIs, which is scheduled to be completed in 2027-2028 at the earliest. Can it be expedited? We also expected that Members would raise this question. Therefore, after the meeting of the Panel on Environmental Affairs on Monday, we have discussed this issue within the Government. I can promise Members that we will endeavour to examine how this project, as Members have said, can be implemented as soon as possible. We will work on it actively.

6220 LEGISLATIVE COUNCIL ― 26 May 2021

MR VINCENT CHENG (in Cantonese): President, the Government must seriously deal with the seawater odour problem in Tsuen Wan. As the Secretary said just now, the meeting of the Panel on Environmental Affairs chaired by me on Monday also touched on DWFIs. As a matter of fact, we have received quite a number of complaints in the past about the quality of coastal waters of Victoria Harbour, including those from Tai Kok Tsui, Hung Hom and To Kwa Wan. I hope that the Government will expeditiously install additional DWFIs to reduce the odour of near-shore waters. However, at present, only the works in Cherry Street at the waterfront of the residential area in Tai Kok Tsui in Kowloon have commenced. Others are still included in mid-term development. Some are even pending site identification. Moreover, the works in Hung Hom, To Kwa Wan and Cheung Sha Wan will not be completed until 2029. Therefore, first of all, can the Secretary expedite these works as far as possible? Because there are many residents living near the shore. Meanwhile, before 2029, will there be any short-term measures, including the use of odour-control hydrogel and desludging, so that in the short term, more work can be done to reduce odour, and something can serve as an indicator according to which a review can be conducted?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr CHENG for his supplementary question. I think Members had a full discussion at the meeting of the Panel on Environmental Affairs last Monday, and we have heard their voices. We will strive to work on the focal areas across the territory and on both sides of Victoria Harbour with the Government's internal resources. I think Members will understand that looking ahead, we need to use the overall social resources properly. I certainly understand that this is environmental improvement work which affects the livelihood of the community. Hence, we will do our best to secure resources and hope that these related facilities can be launched and implemented expeditiously in different places.

What measures can be taken in the short term to help? We wish to make optimal use of innovation and technology. For this reason, as mentioned in my main reply and by Members, we have worked with HKUST to adopt a new technology, i.e. odour-control hydrogel, to mitigate the odour in some focal areas, which has been found effective during the tests. Hence, we will see if there are suitable internal resources. We wish to, where appropriate, make the best use of technology to help improve the environment in the community.

LEGISLATIVE COUNCIL ― 26 May 2021 6221

MR MICHAEL TIEN (in Cantonese): President, the source of the seawater odour in Tsuen Wan is the sewage flowing from dung channels in old buildings in Tsuen Wan into the sea. The Environmental Protection Department ("EPD") estimates that the pollution discharge from misconnected drains accounts for about 30% of the total pollution discharge into inshore waters in Hong Kong. It is the root of the seawater odour problem. The fundamental solution is to tackle the problem of dilapidation and misconnection of drains. Tsuen Wan abounds with "three-nil buildings" where owners have misconnected sewers to stormwater drains. EPD would initiate investigation under the Water Pollution Control Ordinance and then refer the cases to the Buildings Department ("BD") for enforcement against unauthorized building works.

Earlier on, the Office of The Ombudsman has criticized government departments for the delay in handling cases of misconnection of drains in old buildings. As shown by EPD's data, there are 23 such cases of misconnection in Tsuen Wan, of which 70% have been pending for more than two years, while some have been delayed for more than 11 years. In March this year, the Office of The Ombudsman suggested that EPD review this Ordinance and consider amending it to enhance the enforcement effectiveness of the department. It also requested BD to step up prosecution against owners of "three-nil buildings" who fail to comply with statutory orders. May I know when EPD and BD will do so?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr TIEN for his supplementary question. We will enhance inter-departmental collaboration. After receiving the relevant recommendations, we have enhanced collaboration with EPD and BD to see how we can respond to such recommendations. Now this matter certainly warrants cooperation between the two departments. We will report on the relevant progress under the established mechanism to keep Members and the community informed of our progress.

PRESIDENT (in Cantonese): Mr Michael TIEN, which part of your supplementary question has not been answered?

MR MICHAEL TIEN (in Cantonese): Will consideration be given to amending the legislation? Regarding legislative amendment, the Secretary should have heard the Ombudsman's comment too. The Ombudsman has recommended amending the legislation.

6222 LEGISLATIVE COUNCIL ― 26 May 2021

PRESIDENT (in Cantonese): Secretary, Mr Michael TIEN specifically asked about legislative amendment. Do you have anything to add?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, we have noted the Ombudsman's recommendations. We have thus commenced the work to explore this matter with different departments, i.e. EPD and BD. We will report on the relevant progress in due course under the established mechanism. I may not be able to provide a clear answer today, but we will step up efforts in this regard, aiming to tackle this problem at source on the one hand, and on the other hand, as I have mentioned in my reply to other Members' questions, carry out works at the marine outfall to improve the overall environment both upstream and downstream.

MR MICHAEL TIEN (in Cantonese): President, my supplementary question is whether legislative amendment will be made. Will the Secretary please answer whether or not it will be made.

PRESIDENT (in Cantonese): Secretary, do you have anything to add?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, what I would like to add is that we will actively look into such a proposal.

MS ALICE MAK (in Cantonese): President, the Secretary's reply mentioned DWFIs. Actually, during their elaboration in the District Council of the last term, the representatives of government departments said that after installation, DWFIs could do this and that. They were very powerful. However, now it is found that they fail to produce such an effect. Moreover, as pointed out by an Honourable colleague just now, the problem in fact lies with discharge of sewage.

Secretary, during the epidemic in the past year or so, the department initially refused to examine the sewage, but later, it would inspect the sewers in some buildings to detect the presence of virus. In fact, the authorities are also aware that such problems exist in sewers, especially in some old districts.

LEGISLATIVE COUNCIL ― 26 May 2021 6223

Just now the Secretary said that he would collaborate with other departments, but I would like to ask the Secretary this: given the long-standing problem of near-shore stenches, coupled with the hygiene problems of sewers in old buildings discovered during the epidemic last year, will the authorities consider that there is urgency in the matter which warrants not only inter-departmental collaboration, but also direct action to tackle these problems of sewers in old buildings? In this way, the misconnection of sewers in old buildings and environmental problems can be solved, since the Bureau is also responsible for environmental pollution, while the odour problem can also be settled at the same time.

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Ms MAK for her supplementary question. I think the existing measures, such as those previously discussed at the meeting of the Panel on Environmental Affairs this Monday, have considerable expected effects. But certainly, this issue involves a certain extent of complexity, and it will take time for the overall downstream infrastructure to be implemented gradually, while the problem has to be addressed at source.

Nevertheless, here I would like to point out that in dealing with the epidemic, when the Government sees the need to improve the sewers in certain old buildings, systematically the Development Bureau will take the lead, but EPD will certainly take complementary action. So, here my reply to the Member is that as far as we understand it, the Development Bureau is also quite concerned about this matter. They will introduce measures to improve the situation in this regard, during which the Environment Bureau and EPD will actively make concerted efforts so that the resources can improve not only the environment of the buildings but also the conditions affecting sewerage.

MR CHAN HAN-PAN (in Cantonese): President, in tackling this problem, the Government often puts the cart before the horse. The problem of polluted seawater in Tsuen Wan is not only about misconnection of drains. Please do not get it wrong, since there are a lot of villages near the hillside in Tsuen Wan, many of which have not been equipped with government sewers. Therefore, instead of allocating funds to install DWFIs, the Government had better use the funds to help these villages to connect to the sewerage system so that the problem can be 6224 LEGISLATIVE COUNCIL ― 26 May 2021 settled more thoroughly. Yet the Government did not do so. Many villages have no idea how long they will have to wait for the installation of a sewerage connection system.

Hence, the problem is that even if we spend a lot of money to install eight DWFIs on the hillside and so on, I can tell Members that the effect will not be obvious. To achieve the most obvious effect, the Government reverted to my initial proposal to the department to install DWFIs at the waterfront. Back then, the Bureau made all kinds of excuses not to do so. To date, we have already wasted a decade. Much time has been wasted. Then a lot of money has been squandered on the installation of many DWFIs, but it is ineffective. Now when we turn back, time and money have been wasted. I hope the Government will come to its senses again and thoroughly solve this problem of DWFIs and sewerage in the villages. This is a more effective way to prevent emission of odour from the seawater.

May I ask whether the Government will review the relevant effects and whether some work can be done more thoroughly?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): President, I thank Mr CHAN for his question. I think we share the same understanding, that is, work should be done at source, and certainly, it should be done downstream as well. Some old urban areas have their challenges, and so do rural village houses.

Although I do not have the figures at hand, I can tell Members that in recent years, the Government has invested more resources in drainage connections in rural areas than in the past. Of course, on whether there is full coverage, we need to invest and secure resources, while the villages concerned must also be willing to cooperate. The approach is mutual.

So, my reply to the Member is that on the one hand, I have heard Members' view on the installation of DWFIs downstream for extensive coverage, and we hope it can be expedited through internal review. At the same time, as Members have said, regarding the source, how can resources be put into drainage in villages? In the past few years, we have increased the resources for the implementation, and I wish to thank Legislative Council Members for their support. Looking ahead, shall we further increase such resources? I thank LEGISLATIVE COUNCIL ― 26 May 2021 6225

Members for their support. We will examine how we can enable more remote villages or those situated farther away in Tsuen Wan to make optimal use of the resources invested by us at source, so as to improve the overall environment.

PRESIDENT (in Cantonese): Mr CHAN Han-pan, which part of your supplementary question has not been answered?

MR CHAN HAN-PAN (in Cantonese): Will this problem be handled more thoroughly? Because the Tsuen Wan district has been established for 60 years, but the villages are still not provided with sewers …

PRESIDENT (in Cantonese): Mr CHAN Han-pan, you only need to point out the part of your supplementary question that has not been answered.

Secretary, do you have anything to add?

SECRETARY FOR THE ENVIRONMENT (in Cantonese): The answer is in the affirmative. In the past few years, we have injected additional resources into drainage connections in villages. We hope Members will continue to give their support in the future. We will move on in this direction.

PRESIDENT (in Cantonese): Oral questions end here.

WRITTEN ANSWERS TO QUESTIONS

Statistics on the supply of private residential units

7. MR ABRAHAM SHEK: President, according to the statistics on private housing supply in the primary market as at 31 March 2021 published by the Government last month, there were about 12 200 unsold first-hand private residential units in the projects completed in or after 2014 and, among such units, about 3 400 units were for developers' self-use or letting out (e.g. as serviced apartments). In this connection, will the Government inform this Council:

6226 LEGISLATIVE COUNCIL ― 26 May 2021

(1) of the methodology adopted for calculating the estimated number of unsold units for developers' self-use or letting out; and

(2) of a breakdown (set out in the table below) of the aforesaid 3 400 unsold units for developers' self-use or letting out by (i) year in which the project to which the unit belonged was completed, and (ii) the size class (i.e. Classes A, B, C, D and E with saleable area of less than 40 m2, 40 to 69.9 m2, 70 to 99.9 m2, 100 to 159.9 m2, and 160 m2 or above respectively) to which the unit belonged?

Year in which the Number of units project was completed Class A Class B Class C Class D Class E Pre 2019 2019 2020 2021

SECRETARY FOR TRANSPORT AND HOUSING: President, unsold first-hand private residential units in completed projects ("unsold units") may include vacant units, units for self-use or units rented out (e.g. serviced apartments) by the developers. Completed projects refer to projects with occupation permits issued by the Buildings Department ("BD"). The Government releases statistics on private housing supply in the primary market, including the number of unsold units, on the website of the Transport and Housing Bureau ("THB") on a quarterly basis. The number of unsold units is a cumulative figure reflecting the number of unsold units in projects completed in that year or in the previous seven years as at a specific date. As at 31 March 2021, there were around 12 200 unsold units.

My reply to the question raised by Mr Abraham SHEK is as follows:

(1) In order to estimate the number of unsold units that are for self-use or are let out (e.g. serviced apartments) by the developers among the total number of unsold units, THB would make reference to the information obtained from BD, the Land Registry and the Rating and Valuation Department. Completed projects without any sold units ("wholly unsold completed projects") are assumed to be for self-use if they are single-unit projects. For wholly unsold completed projects that are not single-unit projects, THB would conduct desktop research to check the occupation status of the unsold units LEGISLATIVE COUNCIL ― 26 May 2021 6227

based on the best information available from the Internet and other channels (e.g. media, estate agency, etc.). Since developers are not required to report on the occupation status of their units, the above are ball-park estimates for reference only.

(2) As at 31 March 2021, it was estimated that around 3 400 unsold units were for self-use or were let out (e.g. serviced apartments) by the developers. Breakdown of these units by year of completion and class is at Annex.

Annex

Breakdown of about 3 400 unsold units estimated for self-use or were let out by developers by year of completion and class (as at 31 March 2021)

Number of Units Year of Completion Class A Class B Class C Class D Class E Total Pre 2019 1 300 900 100 100 200 2 600 2019 200 <100 <100 <100 <100 300 2020 400 100 <100 0 <100 500 2021 0 0 0 0 <100 <100 Total 1 900 1 000 200 100 200 3 400

Notes:

(1) The figures do not include village houses.

(2) Class A flats―saleable area less than 40 sq m Class B flats―saleable area of 40 to 69.9 sq m Class C flats―saleable area of 70 to 99.9 sq m Class D flats―saleable area of 100 to 159.9 sq m Class E flats―saleable area of 160 sq m or above

(3) The sum of individual items may not add up to the total because of rounding.

(4) Figures rounded to the nearest hundred. If the number is 49 or below but bigger than 0, it is presented as "<100".

(5) The figures for units completed in 2021 are provisional figures up to end of March 2021 only.

6228 LEGISLATIVE COUNCIL ― 26 May 2021

Development of digital economy

8. MS YUNG HOI-YAN (in Chinese): President, the Outline of the 14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Long-Range Objectives Through the Year 2035 ("the 14th Five-Year Plan") puts forward accelerating digitalization development, including the creation of new advantages of a digital economy. The Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area also puts forward strengthening cooperation in innovation and technology in the Guangdong-Hong Kong-Macao Greater Bay Area ("Greater Bay Area"), and the authorities of both Hong Kong and the Guangdong Province have planned to jointly strengthen the innovation and development of the digital economy in the Greater Bay Area. In this connection, will the Government inform this Council:

(1) whether it will, by drawing reference from documents such as the Implementation Plan for the Innovation and Development of Digital Economy Industries of the Shenzhen City (2021-2023), expeditiously formulate a blueprint for Hong Kong's development of digital economy with clear targets; if so, of the details and work schedule;

(2) in respect of strengthening the innovation and development of the digital economy in the Greater Bay Area, of the latest progress of the Government's work on facilitating the cross-boundary flow of the scientific research resources of Hong Kong's higher education institutions and scientific research institutes within the Greater Bay Area; whether it has formulated new plans for the coming three years to participate in developing the Greater Bay Area into a global hub for digital economy development; if so, of the details (including the timetable); and

(3) whether, in the coming year, it will formulate corresponding development strategies and plans in respect of the seven digital economy key industries (i.e. cloud computing, big data, Internet of Things, industrial Internet, blockchain, artificial intelligence, as well as virtual reality and augmented reality) as set out in the 14th Five-Year Plan; if so, of the details; if not, the reasons for that?

LEGISLATIVE COUNCIL ― 26 May 2021 6229

SECRETARY FOR INNOVATION AND TECHNOLOGY (in Chinese): President, regarding the various parts of the question, our consolidated reply is as follows:

The Government of the Hong Kong Special Administrative Region ("HKSAR") has been actively promoting the development of digital economy. In December 2017, the Government published the Smart City Blueprint for Hong Kong ("Blueprint"), formulating the blueprint for the development of digital economy in Hong Kong and the building of a world-renowned Smart Hong Kong characterized by a flourishing economy and people's high quality of living. The Blueprint sets out 76 initiatives under six smart areas, i.e. "Smart Mobility", "Smart Living", "Smart Environment", "Smart People", "Smart Government" and "Smart Economy", with a view to addressing city management challenges and improving people's livelihood through innovation and technology ("I&T"), and more than 40 initiatives have been completed.

In December 2020, the Government released the Smart City Blueprint for Hong Kong 2.0 ("Blueprint 2.0"), setting out over 130 smart city initiatives which continue to enhance and expand existing city management measures and services, hoping that members of the public can better perceive the benefits of smart city and I&T in their daily lives.

Besides, we have implemented as scheduled several digital infrastructure projects in the past three years, including the Next Generation Government Cloud and the Big Data Analytics Platform which commenced operation in September 2020, and the "iAM Smart" one-stop personalized digital services platform which was also launched in December of the same year. We also actively promote the opening up of data by public and private organizations in a bid to foster technological research and innovation, thereby bringing convenience and benefits to members of the public and assisting the industry in expanding business opportunities at the same time. Currently, more than 4 500 open datasets are available on the web page of the Government's Public Sector Information Portal, and over 10 billion downloads were recorded in 2020.

The "Outline of the 14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Long-Range Objectives Through the Year 2035" ("the 14th Five-Year Plan") clearly supports Hong Kong's establishment of an international I&T hub and put forth nurturing and building up of emerging digital industries, including artificial intelligence ("AI"), big data, blockchain, cloud computing and cyber security etc. in the era of digital 6230 LEGISLATIVE COUNCIL ― 26 May 2021 economy, thereby enhancing industry level, such as communication equipment, core electronic components and key software etc. Meanwhile, the National 14th Five-Year Plan also proposes high-quality Guangdong-Hong Kong-Macao Greater Bay Area ("GBA") development, and supports Hong Kong's integration into national development, leveraging the complementary advantages of the Mainland.

To act in concert with the national development strategy to enable Hong Kong to better integrate into the overall development of the country, the HKSAR Government is taking forward a series of I&T infrastructure initiatives. The areas of development of these initiatives will align with the above emerging industries mentioned in the 14th Five-Year Plan in the age of digital economy, including the Cyberport expansion project that will strengthen its I&T ecosystem and continue to drive the development of cutting-edge technologies such as AI, big data and blockchain etc.; the Hong Kong-Shenzhen I&T Park that will focus on technology domains such as AI and big data etc.; as well as the Phase 2 expansion of the Hong Kong Science Park project which will focus on the needs of research activities for technologies such as AI. The Blueprint 2.0 initiatives also make use of these digital technologies, including cloud computing, big data analytics, AI, blockchain, Internet of Things ("IoT"), and 5G etc. to improve public services and stimulate the industry to develop more innovative technological applications.

Hong Kong all along has advantages in scientific research in the above technology areas. According to the university ranking published by Quacquarelli Symonds in 2021, five Hong Kong universities rank among the top one hundred in overall performance and their faculties of engineering and technology, demonstrating Hong Kong's strong capability in basic research. According to the finding as early as in 2018 by Scopus, the world's largest abstract and citation database of peer-reviewed literature, universities in Hong Kong as a whole ranked third globally in terms of producing the most highly cited and impactful research on AI. In addition, the City University of Hong Kong has established the State Key Laboratory of Terahertz and Millimeter Waves approved by the Ministry of Science and Technology. The City University of Hong Kong and the University of Hong Kong have also participated respectively in the establishment of GBA Joint Laboratory of Big Data Imaging and Communications, as approved to be set up by the Department of Science and Technology of Guangdong Province, led by the Shenzhen Academy of Information and Communications Technology, and the Guangdong-Hong Kong -Macao Joint Laboratory on Smart Cities led by the Shenzhen University. LEGISLATIVE COUNCIL ― 26 May 2021 6231

Apart from the strength in scientific research capability, Hong Kong also has an edge in internationalization and a robust intellectual property protection regime, while other GBA Mainland cities have capabilities in advanced manufacturing and commercializing research and development results. As a result, for more than 15 years, the HKSAR Government has been collaborating with the Guangdong Provincial and Shenzhen Municipal Governments through the Guangdong-Hong Kong Technology Cooperation Funding Scheme ("TCFS") to enhance productivity and competitiveness of enterprises in Guangdong and Hong Kong. The themes of the 2020 TCFS are also in line with the emerging industries in the era of digital economy covered in the National 14th Five-Year Plan, such as new-generation information technology, AI, IoT, big data and cloud computing. The 2020 TCFS received a total of 211 project applications to be jointly funded by Guangdong/Shenzhen and Hong Kong. The Guangdong/Shenzhen authorities and the Innovation and Technology Commission will each conduct independent vetting of the eligible applications received, and compare the results to identify projects to be jointly supported afterwards.

The HKSAR Government will continue to facilitate effective flow of innovative elements, including talent, capital, goods and information etc., thereby promoting collaboration in scientific research and better leveraging the complementary advantages among different cities in GBA. Government Policy Bureaux/departments and related organizations will actively collaborate with the relevant Mainland authorities with a view to fostering the development of digital economy and I&T in Hong Kong, and strive to build Hong Kong into an international I&T hub.

Vaccination against COVID-19

9. MR SHIU KA-FAI (in Chinese): President, regarding the COVID-19 Vaccination Programme which commenced on 26 February this year, will the Government inform this Council:

(1) of the latest vaccination rate of the Coronavirus Disease 2019 ("COVID-19") vaccines ("the vaccines"), and how such rate compares with the relevant vaccination rates in other economically advanced regions, including the United States, Singapore and European countries;

6232 LEGISLATIVE COUNCIL ― 26 May 2021

(2) whether it has drawn reference from the measures taken by other economically advanced regions for promoting the vaccination against COVID-19 among their people; if so, of the details;

(3) of the new measures in place to promote the vaccination against COVID-19 among members of the public and the performance indicators for such measures;

(4) whether it knows the latest situation of the staff of various types of scheduled premises receiving the vaccines; and

(5) whether, as an incentive to encourage members of the public to receive the vaccines, it will consider disbursing to those members of the public who have received two doses of the vaccines additional electronic consumption vouchers with a value of $3,000 on top of the electronic consumption vouchers with a value of $5,000 to be disbursed in this summer to each eligible Hong Kong permanent resident and new arrival aged 18 or above; if so, of the details; if not, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, vaccination is the current focus of the global anti-epidemic work, and is the most effective and ultimate measure for preventing and controlling the epidemic. The COVID-19 Vaccination Programme ("Vaccination Programme") in Hong Kong has been implemented since 26 February. The goal is to provide vaccines for the majority of Hong Kong residents within 2021 for free and on a voluntary basis, thereby building up the herd immunity barrier for Hong Kong and overcoming the epidemic.

My consolidated reply to the various parts of the question raised by Mr SHIU Ka-fai is as follows:

(1) and (2)

According to global statistics on vaccination by the University of Oxford(1), as at 24 May, more than 1.67 billion doses of COVID-19 vaccine have been administered worldwide, equal to 22 doses for

(1) LEGISLATIVE COUNCIL ― 26 May 2021 6233

every 100 people. Among the countries with greater progress in vaccination, such as Israel, the take-up rate has exceeded 60%, while the take-up rates of other major countries/regions such as the United Kingdom, the United States, the European Union and Singapore are about 55%, 48%, 34% and 33% respectively(2). For Hong Kong, as at 24 May, over 2.17 million doses of COVID-19 vaccines were administered to members of the public. Among them, over 1.26 million persons have received their first dose, accounting for around 19.3% of the population aged 16 or above. About 900 000 persons have received their second dose, accounting for around 13.8% of the population aged 16 or above.

Drawing from international experience, even in the face of mutant strains, countries which have commenced large-scale vaccination programmes are able to improve their epidemic situation as the vaccination coverage rate increases. On the contrary, in places where the epidemic is still severe or has rebounded, such as India and Taiwan, generally vaccination is relatively slow with a low take-up rate. The current vaccine take-up rate in Hong Kong is still far below the level that can achieve herd immunity. If, unfortunately, a new wave of epidemic arrives, we will not be able to build a herd immunity barrier for protection. There is still much room for improvement in terms of our vaccine take-up rate and the vaccination progress.

People's willingness to get vaccinated in different places are affected by many factors, and it is difficult to directly compare the vaccination progress and vaccine take-up rates across different places. The vaccination progress of an individual place can be affected by limitations such as overall vaccine supply, vaccination logistics, manpower as well as infrastructure. Hong Kong is fortunate to not be limited in this regard. Supply of vaccines in Hong Kong is sufficient, with capacity in vaccination centres sufficient to cater up to over 40 000 doses daily. On the other hand,

(2) Proportion of the population of the country/region concerned which has received as least one dose of COVID-19 vaccine. 6234 LEGISLATIVE COUNCIL ― 26 May 2021

places such as the United Kingdom, the United States and Europe, etc. have experienced severe epidemic situations leading to a high death toll (hundreds of new cases per million capita per day). With relatively higher risks of infection, severe case and death, the public's desire for vaccination is significantly higher, resulting in better vaccination progress and higher overall take-up rate.

In contrast, Hong Kong has achieved better control of the epidemic situation. The public considers that the risk of infection, severe case and death is not high, and the willingness for vaccination is therefore lower. According to a research survey conducted by the University of Hong Kong subsidized by the Government on the public's views towards the COVID-19 epidemic and vaccination, since the beginning of the epidemic last year, in general, the level of risk perceived by Hong Kong residents regarding the severity of COVID-19 as well as the chance of infection has been declining and has remained at a low level. Only about 40% of citizens over the age of 16 indicated willingness to get vaccinated, while the older (aged 55 or above) and younger (aged 35 or below) population showed significantly lower willingness to get vaccinated, with nearly 50% and 70% of the respective age groups indicating that they were unlikely to get vaccinated.

Vaccination Programme is premised on science and data, and the two vaccines currently provided by the Government are proven to be safe, efficacious and of good quality. So far, we have not seen any obvious examples of people in other places where the willingness to get vaccinated increase significantly due to non-health risk related factors. Nevertheless, we will continue to pay close attention to measures taken by local governments to improve citizens' willingness to get vaccinated and the overall take-up rate as reference for Hong Kong to encourage citizens to receive vaccines. The Government has been following closely the resumption of cross-boundary travel and adjustment of social distancing measures by other countries/regions after launching of vaccination programmes, with a view to trying to encourage members of the public to get vaccinated in various ways (see below).

LEGISLATIVE COUNCIL ― 26 May 2021 6235

(3) and (5)

The Government announced on 12 April that it would adopt a new direction in fighting the pandemic and relax certain restrictions with "vaccine bubble" as the basis, on one hand to respond to the aspirations of various trades and the public to resume normal ways of life as soon as possible, and on the other, encourage citizens to get vaccinated proactively. The first phase of social distancing measures under the "vaccine bubble" took effect from 29 April.

In respect of catering business, we have provided four types of mode of operation for eateries, under which the operation restrictions on the relevant premises (including period of time that dine-in service can be provided, the maximum number of people per table and per banquet, and seating capacity limit in the premises) would be relaxed subject to whether their staff and customers have received COVID-19 vaccination and the use of the "LeaveHomeSafe" mobile application. Moreover, six types of premises (viz. bars or pubs, bathhouses, party rooms, clubs or nightclubs, karaoke establishments and mahjong-tin kau premises) may also resume operation in a gradual manner on the premise that their staff and/or customers must receive COVID-19 vaccination and customers must use the "LeaveHomeSafe" mobile application. We have also relaxed the restrictions in relation to three types of exempted group gatherings, including wedding ceremonies, religious gatherings and business meetings held in order to comply with any Ordinance or other regulatory instrument such as annual general meetings on the premise that their participants must have received at least the first dose of COVID-19 vaccine. Group gatherings of not more than 30 persons each during tours may also resume operation on the premise that their frontline staff must have received the first dose of COVID-19 vaccine. Furthermore, on the premise of maintaining reduction of social contact and carrying out infection protection measures, a restricted visiting arrangement for residential care homes for the elderly and residential care homes for persons with disabilities has been implemented from 10 May under specified conditions.

6236 LEGISLATIVE COUNCIL ― 26 May 2021

Depending on the epidemic development, the progress of Vaccination Programme and the implementation of the first phase of measures under the "vaccine bubble", we will review and adjust the details of the measures and consider further relaxation of restrictions in respect of the operation of restaurants and other premises under the second phase. The Government will also continue to maintain close liaison with the trade, listen to their views and suggestions on the implementation of social distancing measures under the "vaccine bubble", as well as provide more details on the implementation of the measures.

In terms of latest boarding and quarantine arrangements for persons arriving at Hong Kong under the "vaccine bubble" concept, the Government adjusted the boarding and compulsory quarantine grouping since 7 May, so as to implement the boarding, quarantine, and testing arrangements for persons arriving at Hong Kong based on risk levels: overseas places outside China have been categorized under the Prevention and Control of Disease (Regulation of Cross-boundary Conveyances and Travellers) Regulation (Cap. 599H) into extremely high-risk Group A1 specified places, very high-risk Group A2 specified places, high-risk Group B specified places, medium-risk Group C specified places, and low-risk Group D specified places. The Government has then adjusted the boarding, quarantine and testing arrangements for persons arriving at Hong Kong who have completed their COVID-19 vaccination course under the "vaccine bubble" concept on 12 May.

Under the new arrangement, persons who have stayed in low-risk Group D specified places (Australia and New Zealand), and who have been fully vaccinated, will be subject to compulsory quarantine in designated quarantine hotels for seven days (originally 14 days). They will subsequently be required to self-monitor for seven days and undergo compulsory testing on the 12th day of their arrival at Hong Kong.

For persons who have stayed in medium-risk Group C specified places and high-risk Group B specified places, and who have been fully vaccinated, they will be subject to compulsory quarantine in LEGISLATIVE COUNCIL ― 26 May 2021 6237 designated quarantine hotels for 14 days (originally 21 days), and subsequently be required to self-monitor for seven days and undergo compulsory testing on the 16th and 19th day of their arrival at Hong Kong. As for extremely high-risk Group A1 specified places and very high-risk Group A2 specified places, the boarding, quarantine, and testing arrangements will remain unchanged.

In addition to the above policy changes, we also place great emphasis on promotion and education work related to Vaccination Programme. We have been providing to members of the public through different channels the latest information on vaccines, and made public the professional views of experts on vaccination. Government officials have also on various occasions explained to the public the progress of Vaccination Programme and messages on vaccines through the media. We have also launched the "COVID-19 Vaccination Programme" thematic website to provide the public a one-stop destination to learn about the latest information and accurate messages on COVID-19 vaccines, including the principles of the vaccines, their protection and need-to-know facts, etc. We also stepped up monitoring of false information on vaccines within the community and made clarifications and debunked rumours as necessary.

To tie in with the roll-out of Vaccination Programme, the Department of Health ("DH") produced a series of six television promotion videos titled "Protect yourself and others, Get vaccinated" and four radio promotional clips to encourage members of the public to receive COVID-19 vaccines to protect themselves and their families. DH also collaborated with television channels to produce and broadcast informational clips, including inviting family doctors to assess whether different cases are suitable for receiving vaccines so as to dissipate citizens' worries on vaccination; and bring out the latest information on COVID-19 vaccines through different shows and programmes. DH and the Hospital Authority ("HA") also worked with radio stations to explain whether different specific illnesses will affect the efficacy and safety of vaccination, and respond to audience's queries. Furthermore, to enable ethnic minorities to receive the latest news and information on vaccines, we 6238 LEGISLATIVE COUNCIL ― 26 May 2021

specifically produced for them education materials and videos which have been translated into different languages. Relevant important messages are broadcasted on local radio channels for ethnic minorities.

On the other hand, having considered that members of the public are concerned about adverse events following COVID-19 vaccination, we issue a weekly press release to provide updated statistics and relevant information on monitoring COVID-19 vaccination, including reports of adverse events received in the past one week, death cases which received COVID-19 vaccination within 14 days of passing away, the assessment results by the Expert Committee on Clinical Events Assessment Following COVID-19 Immunisation ("Expert Committee"), as well as the comparison figures of overall ratio of death cases, ratio of death cases with acute stroke or acute myocardial infarction, and ratio of miscarriage cases out of those with and without vaccination record. The respective baseline reference figures captured by HA in the past three years have also been uploaded to the COVID-19 Vaccination Programme thematic website. Furthermore, according to the risk communication plan endorsed by the Expert Committee, figures and summary of clinical events related to vaccination received will be released and updated through the thematic website biweekly. When suspected adverse event fulfilling the reporting criteria involving death case within 14 days of vaccination is received, it will be announced as soon as possible.

Vaccination is the strongest and most effective measure in our anti-epidemic efforts. It is also key to overcoming the epidemic, resuming normal ways of life and resuming cross-boundary travel as soon as possible. We appeal to members of the public who have not yet been vaccinated to get vaccinated as soon as possible while the supply of vaccines lasts and the Community Vaccination Centres have sufficient capacity, with a view to protecting themselves and others and build up the herd immunity barrier for Hong Kong. We will continue to communicate with members from different sectors and the community to listen to their views and suggestions on motivating the public to get vaccinated.

LEGISLATIVE COUNCIL ― 26 May 2021 6239

(4) We have been paying close attention to the vaccination situation of staff of scheduled premises. During the early stage of Vaccination Programme, the relevant staff can register on the booking system by indicating the priority group of the scheduled premises. However, with the phased relaxation in age eligibility (lowered to aged 30 and above, then aged 16 and above), the relevant staff could, in subsequent stage, register for vaccination as long as they fulfil the age requirement. Providing information on the category of the schedule premises is voluntary. Hence, the Government cannot provide from the booking system precise vaccination figures of staff of scheduled premises.

Profits tax

10. MR WONG TING-KWONG (in Chinese): President, regarding profits tax, will the Government inform this Council:

(1) of the number of locally registered corporations and, among them, the respective numbers and percentages of those corporations assessed to be (i) profits tax payers and (ii) not liable to pay profits tax, in the year of assessment ("YA") 2019-2020; how such percentages compare with the corresponding percentages in each of the past 10 years;

(2) of the percentage, in the total amount of profits tax revenue in YA 2019-2020, of the amount of profits tax paid by the top 5% of registered corporations paying the most in profits tax;

(3) (a) of a breakdown of the number of registered corporations that were profits tax payers in YA 2019-2020 by the group (as set out below) to which their amounts of assessable profits belonged:

(i) $0.5 million or below,

(ii) over $0.5 million to $1 million,

(iii) over $1 million to $2 million,

6240 LEGISLATIVE COUNCIL ― 26 May 2021

(iv) over $2 million to $3 million,

(v) over $3 million to $5 million,

(vi) over $5 million to $7.5 million,

(vii) over $7.5 million to $10 million,

(viii) over $10 million to $20 million,

(ix) over $20 million to $30 million,

(x) over $30 million to $50 million,

(xi) over $50 million to $100 million, and

(xii) over $100 million; and

(b) in respect of each of the groups in (a),

(i) the percentage, in the total number of corporations, of the number of corporations in the group,

(ii) the average amount of profits tax payable by each corporation in the group, and

(iii) the percentage, in the total amount of profits tax revenue, of the total amount of profits tax payable by the corporations in the group

(set out the aforesaid information in a chart);

(4) given that following the implementation of the two-tiered profits tax rates regime from YA 2018-2019 onwards, the amount of profits tax payable on earnings below $2 million when regarded as assessable profits may be lower than the amount of salaries tax payable on such earnings when regarded as assessable income, whether there has been an upward trend in the past two years of cases in which individuals took the following course of action: changing their status LEGISLATIVE COUNCIL ― 26 May 2021 6241

from employees to providers of professional or personal services by setting up corporations, so as to reduce the amounts of tax payable; if so, of the details; and

(5) whether it will study and consider introducing in future a progressive profits tax regime with more tiers of tax rates; if not, of the reasons for that?

SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Chinese): President, my response to each part of the Member's question is set out below:

(1) There were about 1 271 000 locally registered corporations in the year of assessment ("YA") 2019-2020. Before taking into account the one-off profits tax concession announced in the Budget, about 113 100 (9%) of the corporations were assessed as profits tax payers, whereas about 1 157 900 (91%) of them did not need to pay any profits tax. The percentages of taxpaying/non-taxpaying registered corporations in the YA 2019-2020 and the 10 preceding years are tabulated below:

Percentage of taxpaying Percentage of non-taxpaying YA registered corporations registered corporations 2009-2010 12% 88% 2010-2011 12% 88% 2011-2012 11% 89% 2012-2013 10% 90% 2013-2014 9% 91% 2014-2015 9% 91% 2015-2016 9% 91% 2016-2017 9% 91% 2017-2018 9% 91% 2018-2019 9% 91% 2019-2020 9% 91%

Note:

The above figures reflect the position before factoring in the one-off profits tax concession offered in the Budget for a relevant year.

6242 LEGISLATIVE COUNCIL ― 26 May 2021

(2) In the YA 2019-2020, the top 5% taxpaying registered corporations (about 5 700 corporations) contributed 90% of profits tax revenue.

(3) In the YA 2019-2020, the distribution of taxpaying registered corporations by assessable profits is as follows:

Assessable Number of Average tax Percentage profits registered Percentage payment of profits ($) corporations ($) tax yield 100,000,001 1 000 0.9% 98,391,520 71.8% and over 50,000,001 to 900 0.8% 11,528,090 7.4% 100,000,000 30,000,001 to 1 100 1.0% 6,312,560 4.8% 50,000,000 20,000,001 to 1 200 1.1% 3,957,990 3.5% 30,000,000 10,000,001 to 3 000 2.7% 2,212,360 4.6% 20,000,000 7,500,001 to 1 700 1.5% 1,300,110 1.6% 10,000,000 5,000,001 to 2 900 2.6% 870,330 1.8% 7,500,000 3,000,001 to 5 100 4.5% 500,130 1.8% 5,000,000 2,000,001 to 5 600 5.0% 251,840 1.0% 3,000,000 1,000,001 to 11 600 10.3% 126,380 1.0% 2,000,000 500,001 to 13 500 11.9% 54,300 0.5% 1,000,000 500,000 and 65 500 57.9% 5,130 0.2% below Total 113 100 100.0%# 1,242,640 100.0%

Note:

The above figures reflect the position before factoring in the one-off profits tax concession offered in the Budget for the relevant year.

# The sum slightly deviates from the total due to rounding.

LEGISLATIVE COUNCIL ― 26 May 2021 6243

(4) According to the Inland Revenue Ordinance ("the Ordinance"), income earned from employment in Hong Kong is chargeable to salaries tax. Taxpayers cannot treat their employment income as business income from a sole proprietorship at will and report such income under profits tax. Taxpayers who provide incorrect information or statement, or engage in any fraudulent activities, are in violation of the Ordinance and subject to criminal sanction. The Inland Revenue Department does not maintain statistics on the occurrence of the situation mentioned in the question.

(5) A simple and low tax rate regime has all along been one of the key factors underpinning Hong Kong's favourable business environment. At the same time, profits tax is one of the major sources of government revenue. When considering any proposed changes to the tax regime, the Government must take into consideration all factors, such as our economic development needs, our fiscal position, tax liability of businesses and international competitiveness. Amid the prevailing economic environment and the impact of the epidemic, businesses are generally under considerable financial pressure while the Government has to increase expenditure to cope with the epidemic and relieve people's hardship. Therefore, it is not the appropriate time to adjust the rates or tiers of profits tax. Nevertheless, we will continue to monitor the latest situation and development and ensure that the tax regime caters for the needs of the society.

Processing lease modification/land exchange applications

11. MR LAU KWOK-FAN (in Chinese): President, in 2008, the Lands Department ("LandsD") set up the first dedicated team in its District Lands Office ("DLO") (Hong Kong West and South) to expedite the processing of lease modification/land exchange applications by streamlining and enhancing procedures and work flow, fostering stronger links with other departments, enhancing and rationalizing communication with the applicants, etc. Moreover, LandsD established in 2019 an in-house Land Supply Section ("LSS"), which is dedicated to handling land sale cases and major lease modification/land exchange cases, to expedite the relevant processing procedures. In this connection, will the Government inform this Council:

6244 LEGISLATIVE COUNCIL ― 26 May 2021

(1) as the Government told this Council in December 2007 that about one year after the establishment of the aforesaid dedicated team, it would sum up the work experience from the implementation of the pilot scheme of the dedicated team, and consider how the experience could be applied to other DLOs and the relevant timetables, of the results of its summing up the work experience, and whether the target of shortening the case processing time by 10% has been met;

(2) whether the Government has retained the aforesaid dedicated team after summing up its work experience; if not, of the reasons for that; whether it has established relevant dedicated teams in other DLOs; if not, of the reasons for that;

(3) of the (i) numbers of lease modification/land exchange applications processed, and (ii) average numbers of days taken to process each case, respectively by the 12 DLOs under LandsD in each year since 2018;

(4) of the division of work between LSS and the dedicated team in respect of the work to expedite the processing of lease modification/land exchange applications;

(5) of the respective numbers of major lease modification/land exchange cases (a) completed by LSS since its establishment, and (b) being processed by LSS; the following information on such cases: (i) the area of the land involved in each case, (ii) the gross floor area of the residential/commercial buildings proposed to be built under each case, and (iii) the average time taken to process each completed case; whether it has summed up the work experience of LSS in the past two years and assessed if LSS's work met the targets; if so, of the results; and

(6) whether it sought the views on enhancing the work of LSS from representatives of the relevant trades, academics or experts in the past two years; if not, of the reasons for that?

SECRETARY FOR DEVELOPMENT (in Chinese): President, to increase land supply, the Government has been making all-out efforts to identify and produce land as well as to expedite the land development process, which includes LEGISLATIVE COUNCIL ― 26 May 2021 6245 reviewing the approval procedures for applications related to private development projects from time to time and introduction of new operation models to streamline the approval process.

My reply to the various parts of the question is as follows:

(1) and (2)

The Lands Department ("LandsD") established a dedicated team at the District Lands Office (Hong Kong West and South) ("DLO (HKW&S)") on 1 April 2008 as a pilot scheme to handle all lease modification and land exchange applications within the district in order to expedite their processing. Concurrently, LandsD also implemented the "Centralised Premium Assessment" pilot scheme in that district, under which premium assessment of the relevant applications would be handled centrally by the Headquarters of the LandsD ("LandsD HQ") to shorten the processing time.

According to the statistics around a year after the establishment of the dedicated team (i.e. March 2009), the average number of days required for issuing the Binding Basic Terms offer (premiums payable included) ("BBTO") for the lease modification and land exchange applications received after 1 April 2008 (when comparing with those in 2007-2008 financial year) was reduced by over 10%. In short, the performance of the dedicated team had lived up to its established objective.

After consolidating the experience from the two aforementioned pilot schemes, LandsD was of the view that the "Centralised Premium Assessment" was more effective in expediting the approval process. To optimize the use of resources, starting from July 2009, cases from across the districts involving more gross floor area ("GFA") or higher estimated premium amount were handled centrally by LandsD HQ instead of the DLOs to shorten the processing time, and the dedicated team at DLO (HKW&S) ceased operation in April 2011. Subsequently, the premium assessment of all land transactions (including lease modification and land exchange) were assigned to be handled centrally by the Valuation Section of LandsD HQ since September 2018. To further expedite 6246 LEGISLATIVE COUNCIL ― 26 May 2021

the processing of lease modification and land exchange applications, LandsD also established the Land Supply Section ("LSS") in April 2019 dedicated to handling cases under the Government's Land Sale Programme and large-scale lease modification and land exchange cases across the territory.

(3) The number of lease modification and land exchange applications approved and executed by LandsD within the past three years (i.e. 2018-2020) is as follows:

Number of Lease Modification/ Land Exchange CasesNote Year 2018 2019 2020 Total 94 65 68

Note:

LandsD does not have readily available records on the annual number of lease modification and land exchange cases completed by the 12 DLOs.

As regards the processing time of lease modification and land exchange applications, since the processing from receipt of a valid application to the execution of the lease involves many different procedures, including time required for premium negotiations etc., and the processing time of each application varies depending on the complexity of the case and the issues involved, LandsD therefore has not compiled relevant statistics.

(4) and (5)

The dedicated team at DLO (HKW&S) ceased operation in April 2011 and LSS was established in April 2019. The two did not operate concurrently. Since its establishment, LSS has been dedicated to handling cases under the Government's Land Sale Programme and large-scale lease modification and land exchange cases across the territory. LSS keeps close liaison with the applicants and proactively arranges inter-departmental meetings with a view to resolving any issues arising from the approval process expeditiously.

As at mid-May 2021, LSS has issued 15 BBTOs, involving site area of about 107 000 sq m and providing domestic and non-domestic LEGISLATIVE COUNCIL ― 26 May 2021 6247

GFA of about 528 000 sq m (about 8 400 flats) and 295 000 sq m respectively. LSS has also completed and executed three large-scale lease modification and land exchange cases, involving site area of about 25 000 sq m and providing domestic and non-domestic GFA of about 57 000 sq m (about 1 300 flats) and 50 000 sq m respectively. In addition, 38 large-scale lease modification and land exchange cases are currently under processing, involving site area of about 1 500 000 sq m and providing domestic and non-domestic GFA of about 2 600 000 sq m (about 45 000 flats) and 730 000 sq m respectively. Furthermore, LSS has also completed 22 land sale transactions, providing domestic and non-domestic GFA of about 760 000 sq m (about 10 700 flats) and 270 000 sq m respectively.

Regarding the processing time of lease modification and land exchange applications, since the processing from receipt of a valid application to the execution of the lease involves many different procedures, including time required for premium negotiations etc., LandsD has not compiled relevant statistics on the average time it takes for LSS to complete the applications. Nevertheless, LandsD's established performance pledge in relation to lease modification and land exchange applications is to provide a provisional offer with basic terms, a rejection or an indication of in-principle agreement to the applicant within 22 weeks upon receipt of a valid application. Given that the issuance of provisional offer with basic terms as well as premium offer are two key milestones in a lease modification application, the Steering Group on Streamlining Development Control convened by the Development Bureau will also follow up with LandsD on shortening the time required for these two procedures.

(6) In addition to closely liaising with the applicants, LSS has also been exchanging views with the industry (including the Real Estate Developers Association of Hong Kong and related professional associations, etc.) through regular meetings since its establishment. Industry stakeholders have expressed very positive views on the establishment of LSS and its work.

6248 LEGISLATIVE COUNCIL ― 26 May 2021

Cyber security risks amid the epidemic

12. MR MARTIN LIAO (in Chinese): President, it has been reported that amid the Coronavirus Disease 2019 epidemic which rages across the globe, the computer systems of hospitals in quite a number of places and even the World Health Organization have been subjected to intensified attacks by hackers. The number of cyberattacks such as phishing emails that the Hospital Authority ("HA") of Hong Kong was subjected to surged from about 20 million in 2015 to over 50 million last year. Besides, HA was also subjected to five ransomware email attacks last year. An international cyber security analysis report pointed out that last year amid the epidemic, the industries most targeted by cyberattacks, apart from health care industry, were business and professional services industries, retail and hospitality industries, financial industry and high technology industry. In this connection, will the Government inform this Council:

(1) whether it knows the number of cyberattacks that Hong Kong's health care industry was subjected to in each of the past three years, and the annual rates of change of such numbers, with a breakdown of such cases by type of institutions/organizations and type of attacks, as well as the losses involved (if any);

(2) whether it knows the number of cyberattacks that other industries in Hong Kong were subjected to in each of the past three years, and the annual rates of change of such numbers, with a breakdown of such cases by industry and type of attacks, as well as the losses involved (if any);

(3) whether it has assessed the cyber security risks faced by the various industries in Hong Kong amid the epidemic; if so, of the details; if not, the reasons for that; and

(4) whether it knows the new trends and major concerns in respect of cyber security risks across the globe amid the epidemic; if so, of the details and their impacts on Hong Kong?

LEGISLATIVE COUNCIL ― 26 May 2021 6249

SECRETARY FOR INNOVATION AND TECHNOLOGY (in Chinese): President, regarding the various parts of the question, our consolidated reply is as follows:

In the past year or so, COVID-19 has been rampant across the globe, and has significantly changed enterprises' mode of operation and people's way of living. Remote business, work from home, remote learning and online shopping etc. have become the new normal. Under this new normal, various sectors have to undergo digital transformation on the one hand, and on the other hand, actively respond to the new cybersecurity risks brought about by the transformation.

The breakdown of statistics on information security incidents handled by the Hong Kong Computer Emergency Response Team Coordination Centre ("HKCERT") over the past three years is at Annex 1. According to the statistics, a total of 8 346 information security incidents were handled in 2020, representing a decrease of 17% and 12% as compared with 2018 and 2019 respectively. Although there was a downward trend in the overall number of incidents, the phishing cases increased to 3 483, representing an increase of 66% and 35% as compared with 2018 and 2019 respectively. We note that many hackers took advantage of the public concern over the epidemic by disseminating false information through phishing methods or pretending to be health organizations seeking donations, so as to lure the victims into visiting malicious websites, disclosing sensitive information or even defrauding money. In addition, the number of malicious software cases (mainly targeting individuals) in 2020 fell sharply by 85% to 181 cases as compared with that in 2019. There were signs indicating that hackers have switched their main targets to enterprises or organizations. On the other hand, despite the small number of distributed denial of service ("DDoS") attacks at 53 cases only, the increase was over 43% when compared with that in 2019. Such increase was believed to be due to the increase in the "attack surfaces" resulting from the provision of more online services by various sectors during the epidemic.

Besides, the Hong Kong Police Force ("HKPF") recorded a total of 12 916 technology crime cases in 2020, representing an increase of 55% as compared with 8 322 cases in 2019. The average monetary loss per case decreased from 6250 LEGISLATIVE COUNCIL ― 26 May 2021 about $350,000 in 2019 to about $230,000, and the total amount of monetary loss was about $2.96 billion, similar to that in 2019. The rise in the number of technology crime cases was mainly due to the increase in online fraud (such as e-shopping fraud or romance scam). Fraudsters commit offences with technologies such as the Internet, social media and email as the medium. The breakdown of technology crimes and related loss over the past three years is at Annex 2. HKCERT and HKPF do not have information on the breakdown by enterprise, organization and industry (including the healthcare sector).

The Government has all along been maintaining close collaboration with HKCERT to closely monitor the impact of the epidemic on global and local cybersecurity risks. Under the epidemic, HKCERT expects a proliferation of targeted and organized cyberattacks on a global scale, which aligns with the local cybersecurity trend. Enterprises must be well-prepared to cope with the related challenges.

We will continue to tackle information security issues through a multi-pronged strategy. For example, by providing financial subsidy (such as Technology Voucher Programme), we support enterprises to enhance systems and cybersecurity measures, so as to strengthen the level of information security of various sectors. We also work closely with the Hong Kong Internet Registration Corporation Limited and HKCERT to disseminate information and advice on cybersecurity matters to the public. In addition, we encourage more public and private organizations' exchange of cybersecurity information through the Partnership Programme for Cyber Security Information Sharing and the cross-sector Cyber Security Information Sharing and Collaborative Platform (Cybersechub.hk). Moreover, HKCERT has been implementing the Healthcare Cyber Security Watch Programme since 2019 to notify Hong Kong healthcare sector of cybersecurity vulnerabilities and threats in order to reduce cybersecurity risks. We will continue to collaborate with relevant organizations and departments (such as HKPF and the Office of the Privacy Commissioner for Personal Data) to enhance Hong Kong's overall defense capability and resilience against cyberattacks, and strive to build Hong Kong as a safe and secure smart city.

LEGISLATIVE COUNCIL ― 26 May 2021 6251

Annex 1

Breakdown of Statistics on Information Security Incidents Handled by HKCERT

Incident Category 2018 2019 2020 Botnet 3 783 4 922 4 154 Phishing (including phishing emails and websites) 2 101 2 587 3 483 Malicious Software (including ransomware) 3 181 1 219 181 DDoS Attacks 17 37 53 Hacker Intrusion/Web Defacement 59 48 36 Others(1) 940 645 439 Total (number of cases): 10 081 9 458 8 346

Note:

(1) Including identity theft, data leakage, etc.

Annex 2

Statistics on Technology-related Crimes Handled by HKPF and the Related Monetary Loss

Case Nature 2018 2019 2020 Internet Deception 6 354 5 157 10 716 (i) Online Business Fraud 2 717 2 317 6 941 (ii) Email Scam 894 816 767 (iii) E-banking Fraud 3 3 0 (iv) Social Media Deception 2 064 1 678 1 988 (v) Miscellaneous Fraud 676 343 1 020 Internet Blackmail 504 300 1 144 (i) Naked Chat 281 171 1 009 (ii) Other Internet Blackmail 223 129 135 Misuse of Computer(2) 224 71 111 Others 756 2 794 945 Total (number of cases): 7 838 8 322 12 916 Monetary Loss (in $ million): 2,771 2,907 2,964

Note:

(2) Including account abuse, hacking activities and DDoS attacks

6252 LEGISLATIVE COUNCIL ― 26 May 2021

Moral education

13. MRS REGINA IP (in Chinese): President, it has been reported that recently there have been incidents of some secondary school students being alleged of jointly robbing a goldsmith shop and sneaking into school premises to commit burglary, arousing concerns among members of the community about the moral standards of students and the effectiveness of moral education in schools nowadays. Some members of the community consider that teachers shoulder heavy responsibilities for nurturing an able and virtuous next generation. In this connection, will the Government inform this Council:

(1) of the details of the moral education curriculum in schools, including policy objectives, curriculum content and activities, staff establishment and expenditure, since Hong Kong's return to China;

(2) whether it has formulated key performance indicators for the moral education curriculum mentioned in (1); if so, of the details; if not, the reasons for that; and

(3) as there are views that in recent years, the prevalence of hatred-inciting remarks and misleading messages on the Internet have had a negative impact on students, whether the Government has strengthened teacher training on moral education, including the technique on handling such remarks and messages, so that teachers can effectively instil positive values in students and help them nurture good character and conduct; if so, of the details; if not, the reasons for that?

SECRETARY FOR EDUCATION (in Chinese): President, there are social expectations that school education has an obligation to develop virtues in young people, teach them to appreciate positive values and attitudes, and promote their holistic growth so that they can become law-abiding, responsible, and good citizens who can contribute to society. It is indeed heartbreaking to see students engage in unlawful activities and bear criminal liability at a result. The reasons for students' involvement in unlawful activities are complicated and it is impossible to make generalizations. Students' behaviour is subject to the influence of schools, their families, peers, social atmosphere and media/online LEGISLATIVE COUNCIL ― 26 May 2021 6253 information. In the face of students' deviant behaviour or even involvement in unlawful and improper activities, schools, as a place for nurturing students and developing their moral values, should endeavour to help them rectify their misdemeanour regardless of the reasons behind and redevelop positive values and attitudes through a concerted effort by strengthening communication and cooperation with their parents and actively arranging for school social workers and external organizations to provide relevant guidance and support.

Our reply to the different parts of the question is as follows:

(1) The Education Bureau ("EDB") attaches great importance to moral and civic education, and developing students' positive values. Through developing curriculum guides, providing teacher professional development programmes, producing learning and teaching resources and organizing student activities, EDB supports schools in holistically promoting values education both within and outside the classroom through the learning and teaching of various Key Learning Areas/subjects as well as Other Learning Experiences. All these efforts aim at creating a positive atmosphere in schools through a whole-school approach.

The curriculum guides for different learning stages set out clear recommendations on moral education for schools to follow. The Kindergarten Education Curriculum Guide (2017) specifies that fostering children's moral development and teaching the concept of right and wrong should be one of the objectives of moral education and recommends that kindergartens should help children learn these concepts by practising through daily learning activities with the help of parents' participation. In the Basic Education Curriculum Guide (P1-P6) (2014) ("the Guide"), fostering students' ability in distinguishing right from wrong is one of the learning goals of the primary curriculum and the Guide also provides recommendations on implementation strategies and illustrative examples to help teachers plan their school-based curricula of values education. The Secondary Education Curriculum Guide (2017) for secondary schools further lists "strengthening values education" as one of the major renewed emphases in the secondary curriculum and provides schools with recommendations on the promotion of values education 6254 LEGISLATIVE COUNCIL ― 26 May 2021

through whole-school curriculum planning. The Moral and Civic Education Curriculum Framework (2008) presents the "Proposed Major Learning Expectations" for different learning stages with recommendations on the expected attitudes and behaviours of students.

To meet social changes and the development needs of students, EDB has announced a set of priority values and attitudes including "Perseverance", "Respect for Others", "Responsibility", "National Identity", "Commitment", "Integrity", "Care for Others", "Law-abidingness" and "Empathy", which serve as the directions for schools to promote values education at various learning stages.

Moral and civic education is not an independent subject and could be implemented in different modes by schools. For example, schools can deliver their school-based life education lessons, guidance lessons and class teacher lessons whilst schools with religious backgrounds can foster students' values through Religious Studies, morning assemblies or religious activities. Schools should make reference to the relevant curriculum guides to plan appropriately and enhance school-based moral and civic education on an ongoing basis, having regard to the schools' mission and characteristics as well as the development needs of their students. In addition, schools should organize life-wide learning activities such as seminars and service learning with the aim of developing future generations into citizens who are socially responsible and equipped with a sense of national identity, an affection for Hong Kong and international perspectives.

Besides, EDB continues to produce learning and teaching materials covering "life event" teaching resources of different themes to enable teachers to conduct interactive learning with students in class. These include "stop school bullying (primary school)", "say 'no' to undesirable peers (primary school)", "upholding justice at the expense of friendship (reporting misconduct of good friends) (secondary school)" and "resisting undesirable trend in society (secondary school)". Schools should follow the directions of nurturing students' positive values and attitudes and make use of LEGISLATIVE COUNCIL ― 26 May 2021 6255 authentic topics to better coordinate subject teaching and cross-curricular learning activities, with a view to providing students with holistic learning experiences inside and outside the classroom and enhancing the connection among different domains to facilitate their whole-person development.

EDB also attaches great importance to parents' participation. To support schools in promoting parent education and developing children's positive values and attitudes in collaboration with parents, EDB has organized parents' talks and produced animations, posters and parent booklets. Furthermore, we encourage schools to foster an atmosphere conducive to values education through the annual activity "My Pledge to Act". The theme "Be grateful and treasure what we have, stay positive and optimistic" has been adopted since the 2019-2020 school year and this will continue into the 2021-2022 school year. 610 and 521 schools commenced the related learning activities in the 2019-2020 and 2020-2021 school years respectively. Schools may also flexibly deploy the Life-wide Learning Grant provided annually by EDB or apply to the Quality Education Fund for the "My Pledge to Act―Be grateful and treasure what we have, stay positive and optimistic" Funding Programme for additional resources to promote values education-related learning activities. Relevant information has been uploaded to EDB's web page on moral and civic education: .

Meanwhile, we continue to organize award schemes and a wide range of student guidance programmes/activities (e.g. the Understanding Adolescent Project for primary schools and the Enhanced Smart Teen Project for secondary schools) to enhance students' resilience and promote the spirit of caring, respect and self-discipline through adventure-based, team-building and problem-solving training as well as parent-child activities.

To optimize the curriculum, the Task Force on Review of School Curriculum ("Task Force"), which was set up by EDB in November 2017 submitted its review report to EDB in September 2020. The Task Force recommended the Government to update the Moral and 6256 LEGISLATIVE COUNCIL ― 26 May 2021

Civic Education Curriculum Framework (2008); provide multifarious values education-related learning experiences in the curriculum to broaden students' perspective; provide different modes of professional development activities to enhance teachers' grasp of the goals and objectives of different facets of values education and deepen their understanding of the professional role of teachers; and prepare more resource materials to support teachers in developing the universal core values underpinning Chinese morals and culture. The related recommendations are in line with the ongoing support measures for moral education undertaken by EDB. EDB accepted the directional recommendations set out in the report in December 2020. In the same month, the Curriculum Development Council set up the Standing Committee on Values Education to oversee the development of values education at the primary and secondary levels. We will continue to strengthen the work on the professional development of teachers as well as the development of teaching resources. Moreover, we have commenced the work of updating the Moral and Civic Education Curriculum Framework (2008) and the "Proposed Major Expected Learning Outcomes" in various key stages of learning to provide guidance for schools.

The ongoing efforts to cultivate students' moral character mentioned above have become regular and ongoing tasks of EDB. The staffing expenditure involved has been subsumed under EDB's overall expenditure and a breakdown is not available.

(2) Moral and civic education should be implemented through the integration of cognition, affection and action. The enrichment of cognition can help students identify the values and attitudes from life events and issues for making rational analyses and judgments. The nurturing of affection can develop students' empathy, which empowers them to uphold their values against challenges with perseverance and courage. Through action, students can build up and reinforce positive values and attitudes in real life situations. Noting that the level of reflection and improvement in attitudes and behaviours may vary among different students, it is difficult to formulate any key performance indicators.

LEGISLATIVE COUNCIL ― 26 May 2021 6257

To assist schools in gaining a clearer picture of students' performance in the affective and social areas so that proper planning and follow-up actions can be implemented, EDB provides schools with evaluation tools and data (e.g. the Assessment Program for Affective and Social Outcomes) to review the needs of students in whole-person development. Schools can also collect relevant information and data through daily observations and tools like school-based questionnaires, and the feedback collected will be reflected in the planning of values education which will benefit the sustainable development of related schools.

We have always been seeking to understand the quality of learning and teaching of schools (including the effectiveness of implementing values education) through different channels such as inspections and curriculum development visits, and will give concrete professional advice to schools according to schools' performance in learning and teaching.

(3) Among the five domains of moral, intellectual, physical, social and aesthetic developments, moral development is regarded as the most important one. Nurturing students' moral character and proper conduct is an important mission of schools as well as the collective responsibility of all teaching staff. A whole-school approach is essential for creating a conducive atmosphere in schools to promote values education. EDB attaches great importance to teacher training on moral education and organizes a great variety of professional development activities for teachers including structured training such as short-term courses, seminars, conferences and workshops. Teachers of different posts and ranks (including newly-joined teachers, teachers of moral and civic education, teachers aspiring for promotion, principals and curriculum leaders) are provided with relevant professional development programmes on an ongoing basis according to their needs and requirements of related work with a view to enhancing their knowledge and skills in implementing values education. Apart from enhancing teachers' understanding and skills in values education, the contents of these programmes also convey an important message that teachers' words and deeds have an impact on students' moral character, and reiterate that teaching by words and examples are equally important in values education. 6258 LEGISLATIVE COUNCIL ― 26 May 2021

With the advancement in information technology ("IT") in today's society, the Internet has profound impact on students' minds, words and deeds. Therefore, the professional development programmes on values education organized by EDB for teachers also cover topics on enhancing teachers' capability to equip students with the necessary knowledge and skills as well as the positive values and attitudes to operate in the cyber world. Experts and organizations of relevant fields will be invited to provide talks and workshops on topics such as knowledge on cyber risks, personal privacy protection, handling cyberbullying and discerning the authenticity of information. This can help teachers design suitable values education curriculum and learning activities catering for students' developmental needs and needs in life. In this school year, EDB and the Journalism Education Foundation are co-organizing a series of seminars and workshops on media and information literacy to increase teachers' knowledge on the operation of the media, and also to enable teachers to handle information with critical thinking and guide students to use information and social media ethically (e.g. do not forward unverified information at will, say "no" to cyberbullying). The related contents will also be used in developing appropriate learning and teaching materials to further support schools in implementing information/media literacy education. Furthermore, we have organized school networks to share good practices and visited schools to give advice and discuss with teachers on curriculum planning and teaching of values education, including the effective way to nurture students' moral character and positive values in an era of rapid IT development and promote the professional development of teachers.

Nurturing young people to distinguish right from wrong, be polite and abide by the rules and stay away from crime is a shared responsibility of every sector of society. Teachers' role modelling is of utmost importance to students' learning and growth. We appeal to different stakeholders in the community to work together to create a positive learning atmosphere and environment for the cultivation of positive values, attitudes and behaviours in students so that they can become persons of good character and conduct.

LEGISLATIVE COUNCIL ― 26 May 2021 6259

Maintenance and redevelopment of public rental housing estates

14. MR JEFFREY LAM (in Chinese): President, regarding the maintenance and redevelopment of the public rental housing estates under the Hong Kong Housing Authority ("HA"), will the Government inform this Council:

(1) given that the Government launched the Comprehensive Structural Investigation Programme ("CSIP") in 2005 to assess the structural conditions of selected aged estates and the cost-effectiveness of their repair works in cycles of 15 years each, of the latest progress of the second cycle of CSIP which commenced in 2018;

(2) whether it has projected the number of units to be provided and the population to be accommodated in the estates under the second cycle of CSIP upon their redevelopment, and how such figures compare with the corresponding figures of the estates concerned at present;

(3) given that HA will, based on the four basic principles under the Refined Policy on Redevelopment of Aged Public Rental Housing Estates (i.e. structural conditions of buildings, cost-effectiveness of repair works, availability of suitable rehousing resources in the vicinity of the estates to be redeveloped, and build-back potential upon redevelopment), consider whether or not to redevelop individual aged estates in accordance with the actual circumstances, and that HA completed in 2013 a review of the redevelopment potential of 22 non-divested aged estates, of the details and latest progress of the various redevelopment projects, including the additional (i) number of units to be provided and (ii) population to be accommodated;

(4) whether HA will incorporate "housing demand" and "social development needs" into the factors for consideration for the redevelopment of aged estates; and

(5) whether it will set up a dedicated department for implementing the various redevelopment projects, which will be responsible for examining the priorities of various redevelopment projects, working out financial arrangements, supervising construction works, and coordinating rehousing arrangements, with a view to expediting the progress of redevelopment projects?

6260 LEGISLATIVE COUNCIL ― 26 May 2021

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, the consolidated reply to the question raised by Mr Jeffrey LAM is as follows:

(1) to (3)

The Hong Kong Housing Authority ("HA") has started to conduct the Comprehensive Structural Investigation Programme ("CSIP") since 2005 to ascertain the structural safety of public rental housing ("PRH") estates with building age approaching or exceeding 40 years and to assess the necessary repair programme needed for sustaining these buildings and their cost-effectiveness. The first cycle of CSIP covering 42 PRH estates was completed in 2018. The second cycle of CSIP covering 71 PRH estates is anticipated to be completed by 2032. Among them, the assessment of eight PRH estates was completed and assessed to be structurally safe, the associated repair programmes are cost-effective and the estates can be sustained for at least 15 years. Apart from Wah Fu Estate of which the redevelopment has been announced, HA currently has no plan to redevelop other estates under the second cycle of CSIP. Hence, there is no information on the number of units to be provided or the number of residents which can be accommodated after redevelopment of these estates.

In deciding whether to redevelop a PRH estate, HA has all along been considering the actual circumstances in a prudent manner in accordance with the four basic principles under HA's "Refined Policy on Redevelopment of Aged PRH Estates", namely, structural conditions of buildings, cost-effectiveness of repair works, availability of suitable rehousing resources in the vicinity of the estates to be redeveloped and build-back potential upon redevelopment. The list of 22 aged PRH estates mentioned in part (3) of the question originated from a study conducted by HA in 2013, and is not the list of PRH estates which HA decides to redevelop.

Redevelopment of PRH estates may increase the supply of PRH in the long run, but the net gain in flat supply from redevelopment will take a long time to realize, and very often towards the latter if not the last phase of the redevelopment. In the short term, redevelopment LEGISLATIVE COUNCIL ― 26 May 2021 6261

will reduce the number of PRH units available for allocation because a large number of PRH units has to be used to rehouse the affected PRH residents, which could otherwise be allocated to families who have pressing housing needs. Such arrangement will not only result in an immediate reduction in PRH supply, but will also inevitably lengthen the average waiting time for households waiting for PRH allocation. Hence, redevelopment of PRH estates can only play a supplementary role in increasing PRH supply.

According to the above mentioned policy and study, HA is in the process of redeveloping Pak Tin Estate (older portion) and Mei Tung Estate (older portion). The redevelopment of Pak Tin Estate is scheduled for completion in 2027-2028, and the number of PRH flats of the entire Pak Tin Estate will increase by about 2 900 flats after redevelopment. The redevelopment of Mei Tung Estate is scheduled for completion in 2027-2028 and will provide an additional of about 2 135 public housing units. As for Wah Fu Estate, there will be about 3 000 more flats upon completion of the entire redevelopment programme. In addition, HA will demolish Shek Lei Interim Housing for public housing development with flat production of about 1 600 units. HA will also redevelop its four factory estates for housing development, three of which can provide about 4 200 units upon completion of the redevelopment.

(4) Taken into account the pressing need for PRH, HA's policy and principles on redevelopment of aged PRH estates are practical and proactive. In respect of "housing need", one of the basic principles of redevelopment, namely "build-back potential upon redevelopment", is to consider whether there will be a promising increase in flat production upon redevelopment of the aged estates so as to address the pressing housing needs. When planning for the redevelopment of aged PRH estates, HA will consult relevant bureaux and departments to suitably provide facilities such as educational, social, welfare, public transport and traffic facilities, to meet the needs of the development of society, provided that flat production and redevelopment programme will not be affected, and will not incur additional financial burden to HA.

6262 LEGISLATIVE COUNCIL ― 26 May 2021

(5) The Housing Department ("HD") is the department responsible for handling issues relating to the redevelopment of HA's PRH estates. As the executive arm of HA, HD carries out studies, planning, implementation, coordination and monitoring work regarding redevelopment matters.

Illegal carriage of passengers for hire or reward by motor vehicles

15. MR FRANKIE YICK (in Chinese): President, some transport trade organizations have indicated that the activities of using motor vehicles for illegal carriage of passengers for hire or reward ("illegal carriage of passengers") have become rampant in recent months. The third party risks insurance for the vehicles concerned may be invalidated due to the vehicles having been used for illegal carriage of passengers, and this may result in a loss of protection for their passengers and other road users. In this connection, will the Government inform this Council:

(1) given that in last year, among the cases in which fines were imposed for the offence of illegal carriage of passengers, as many as 70% were cases in which the convicted persons were only fined $2,000 or below, whether it has assessed if this level of penalty is on the low side and lacks deterrent effect; if it has assessed and the outcome is in the affirmative, whether it has lodged appeals against the cases in which the penalties were on the low side; if so, of the details; if not, the reasons for that;

(2) given that while there were 221, 226 and 172 convictions for the offence of illegal carriage of passengers in 2018, 2019 and 2020 respectively, only 39, 78 and 44 vehicles were detained with vehicle licences suspended by the Transport Department in the corresponding years, whether it has assessed if the figures for the latter are on the low side;

(3) given that the Government has planned to amend the legislation to increase the penalties for illegal carriage of passengers, of the latest progress of such work and the legislative timetable; and

LEGISLATIVE COUNCIL ― 26 May 2021 6263

(4) of the Government's measures, before the raised penalties are implemented, to step up efforts in combating the activities of illegal carriage of passengers, with a view to enhancing the protection for road users?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, pursuant to section 52 of the Road Traffic Ordinance ("the Ordinance") (Cap. 374), no person shall drive or use a motor vehicle, or suffer or permit a motor vehicle to be driven or used, for the carriage of passengers for hire or reward unless the vehicle complies with certain conditions stipulated in the Ordinance (e.g. a hire car permit ("HCP") is in force for the vehicle). Otherwise, it is an offence. The Government has been closely monitoring the use of motor vehicles for illegal carriage of passengers for hire or reward, and taking stern enforcement actions against illicit acts.

My reply to Mr Frankie YICK's question is as follows:

(1) According to the Ordinance, any person who uses a motor vehicle for illegal carriage of passengers for hire or reward is liable to a maximum fine of $5,000 and imprisonment of three months, plus suspension of vehicle licence and impoundment of vehicle for three months on the first conviction. For subsequent convictions, a maximum fine of $10,000 and imprisonment of six months may be imposed along with the suspension of vehicle licence and impoundment of vehicles for six months.

In passing sentence, the court will consider the facts and all relevant factors of each case. As to whether an appeal against a sentence is warranted, the Government will deliberate on a host of considerations, including relevant precedent cases, the gravity of the offences committed by offenders and the trends of the offences concerned.

(2) After receiving the notification from the Police about a motor vehicle having been ruled by the court as being involved in illegal carriage of passengers for hire or reward, the Transport Department ("TD") will arrange to impound the vehicle concerned in accordance with established procedures. As stipulated in the Ordinance, TD 6264 LEGISLATIVE COUNCIL ― 26 May 2021

will serve a notice to the registered owner within 14 days after the date of conviction about the intended arrangement of suspending the licence of the vehicle concerned and delivering the vehicle into the custody of TD. The numbers of vehicles involved in convictions in relation to the offence of driving for illegal carriage of passengers for hire or reward in 2018, 2019 and 2020 were 89, 102 and 116 respectively. Each case of illegal passenger carriage and the vehicle concerned may involve in more than one conviction at the same time.

The arrangement of suspending the vehicle licence and delivering vehicles into the custody of TD will be affected by various operational factors, such as the number of spaces and the waiting time in the vehicle pounds. Besides, if a party lodges appeals against a conviction, or makes representations in writing within the specified period of time showing cause why the vehicle licence should not be suspended, or applies for a hearing before a Transport Tribunal, TD will hold over the arrangement of vehicle licence suspension and vehicle impoundment until the determination of the case by the court or the Transport Tribunal.

(3) To strengthen the deterrent effect of the penalties for illegal carriage of passengers for hire or reward, and to enhance the safety protection for passengers and road users, TD has conducted a review on the penalties for related offences, and undertaken consultation regarding proposals of raising the fine as well as lengthening the period for suspension of vehicle licence and impoundment of vehicles. The drafting of legislative amendments is under way. They will be submitted by the Government to the Legislative Council for consideration in due course.

(4) The Government takes a multi-pronged approach comprising enforcement, education and publicity in combating the illegal carriage of passengers for hire or reward by motor vehicles.

On law enforcement, the Police has been keeping an eye on the situation by collecting intelligence as well as conducting investigation and follow-up actions on complaint cases. The Police will continue to closely monitor any illegal carriage of passengers LEGISLATIVE COUNCIL ― 26 May 2021 6265

for hire or reward and follow up on related complaints. Suitable enforcement actions will be taken should there be sufficient evidence.

On education and publicity, TD has put in place a number of measures to prevent members of the public from inadvertently riding on private cars that carry passengers for hire or reward without valid HCPs. Such measures include publicity through online promotional video, broadcasting announcements on the radio, displaying samples of HCPs on TD's website, and putting up posters in public places. These efforts serve to further enhance the public's awareness of legal hire car service and promote the identification of a valid hire car by checking if it has a valid HCP. Members of the public are encouraged to enquire with the service operator or make use of TD's Online Checking System to ascertain whether an HCP has been issued in respect of the private car concerned before the journey starts. TD will continue with the publicity efforts and work with the Police on information exchange in order to combat illegal carriage of passengers for hire or reward.

Persons recovered from the Coronavirus Disease 2019 receiving vaccination

16. MR CHUNG KWOK-PAN (in Chinese): President, the Coronavirus Disease 2019 ("COVID-19") epidemic has been lingering on for over one year. So far, more than 11 000 people in Hong Kong have been confirmed to have contracted the disease, and most of them have recovered and been discharged from hospitals. The Centre for Health Protection of the Department of Health has indicated earlier on that according to experts' opinion, immunity to the virus may usually last for at least six to nine months for persons who have recovered from COVID-19 ("recovered patients"), and they will be adequately protected by receiving only one dose of BioNTech vaccine at least 90 days after discharge or one dose of Sinovac vaccine six months after recovery, and they need not receive two doses of the vaccine as other members of the public do. In this connection, will the Government inform this Council:

(1) whether it has compiled statistics on the respective up-to-date numbers of recovered patients who have received one dose and two doses of COVID-19 vaccine;

6266 LEGISLATIVE COUNCIL ― 26 May 2021

(2) whether any mechanism is in place under the COVID-19 Vaccination Programme to distinguish (including (i) at the time of members of the public booking an appointment and (ii) prior to their receiving a vaccine at a Community Vaccination Centre/designated clinic) recovered patients from other persons, and to inform recovered patients that they need to receive only one dose of vaccine after a specified date and they need not receive two doses of vaccine;

(3) whether it has studied the impacts of recovered patients receiving two doses of vaccine on their health (including the side effects and negative effects); whether it has assessed if it would be a waste of vaccines for recovered patients with antibodies to COVID-19 in their bodies to receive a second dose of vaccine; if it has, of the assessment outcome; and

(4) as some recovered patients who have received one dose of vaccine have pointed out that as their vaccination records do not show that they are recovered patients, they are regarded as not having completed the two-dose vaccination, whether it has studied if this situation will hinder recovered patients from enjoying the travel convenience to be offered under measures such as "Air Travel Bubble" or "vaccine passports" in future to those who have completed vaccination; if it has, of the study outcome?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, to safeguard public health and to allow the gradual resumption of normal operation of the society, the Government is implementing a territory-wide COVID-19 Vaccination Programme ("the Vaccination Programme") free of charge and on a voluntary basis for all Hong Kong residents, including persons who have recovered from previous COVID-19 infection.

My consolidated reply to the various parts of the question raised by Mr CHUNG Kwok-pan is as follows:

Currently, there are around 11 800 persons who have recovered from COVID-19 infection in Hong Kong. As at 13 May 2021, 1 472 recovered persons had completed the COVID-19 vaccination course (received at least the first dose of a COVID-19 vaccine) after being discharged from hospital.

LEGISLATIVE COUNCIL ― 26 May 2021 6267

The two vaccines provided by the Government under the Vaccination Programme are respectively Comirnaty developed from the mRNA technology platform and the CoronaVac developed from the inactivated virus technology platform. According to the latest advice by the Scientific Committee on Vaccine Preventable Diseases and the Scientific Committee on Emerging and Zoonotic Diseases (the Joint Scientific Committee) under the Centre for Health Protection of the Department of Health and the Chief Executive's expert advisory panel, those previously infected with COVID-19 would be further protected by one dose of COVID-19 vaccine. Recovered persons who wish to receive Comirnaty should wait for at least 90 days after discharge from previous infection. If they wish to receive CoronaVac, they should wait for at least 180 days after discharge from previous infection. After vaccination, recovered persons may experience more systemic side effects, such as fatigue, headache, chills, muscle pain, fever and joint pain, when compared to those without previous infection.

The Government announced on 21 May 2021 the arrangement of COVID-19 vaccinations for persons with previous COVID-19 infection. Under the relevant arrangement, the Government will notify via SMS messages those who have been discharged after recovery from previous COVID-19 infection and have not yet received any COVID-19 vaccine that they can receive a dose of COVID-19 vaccine at any Community Vaccination Centre ("CVC") or private clinic enrolled under the Vaccination Programme. The Hospital Authority will also provide a customized factsheet on COVID-19 vaccination outlining the relevant vaccination arrangement to those recovered persons upon discharge from hospital. Those recovered persons can bring along the SMS message/factsheet concerned and go directly to any CVC or private doctor enrolled under the Vaccination Programme to make enquiries and arrange for vaccination following the recommended interval. No prior online booking via the online booking system for the Vaccination Programme is required.

As regards the various relaxations on social distancing measures under the concept of a "vaccine bubble", those recovered persons will be regarded to have completed the vaccination course 14 days after one dose of COVID-19 vaccination and a special arrangement will be made to reflect such a condition on their paper and electronic record of vaccination. Meanwhile, if the recovered persons have already received one dose of COVID-19 vaccine after discharge and have an appointment for the second dose, the Government will cancel the second-dose appointment for them. Recovered patients who have received one 6268 LEGISLATIVE COUNCIL ― 26 May 2021 dose of vaccine can contact the service provider of their vaccination earlier to request to obtain the updated paper record of vaccination. Their electronic vaccine record will also be updated automatically.

Strategy of "preventing the importation of cases" to cope with the epidemic

17. MS STARRY LEE (in Chinese): President, it has been reported that some experts have pointed out, as the coronavirus causing Coronavirus Disease 2019 ("COVID-19") has been mutating incessantly, certain variants of COVID-19 virus (e.g. those variants first appearing in France and India) have higher transmissibility, can evade the testing methods commonly used, or reduce the efficacy of the vaccines. On the other hand, certain countries, in the light of the easing of their local epidemic situations, have one after another relaxed their immigration restrictions to a limited extent. With the people of various places making increasingly frequent cross-boundary travels in the latter half of this year, the strategy of "preventing the importation of cases" adopted in Hong Kong to cope with the epidemic may face greater challenges. In this connection, will the Government inform this Council:

(1) of the respective up-to-date numbers of (i) imported and (ii) local confirmed cases recorded in Hong Kong which involved variants of COVID-19 virus, with a breakdown by variant; the places/countries from which the imported cases mainly originated;

(2) whether it has assessed the risk of various variants of COVID-19 virus being imported into Hong Kong; if so, of the details; if not, the reasons for that;

(3) whether it will adjust the existing testing methods or adopt new testing methods to prevent variants of COVID-19 virus from evading testing successfully; if so, of the details; if not, the reasons for that;

(4) given that some variants of COVID-19 virus may reduce the efficacy of the vaccines, what other effective strategies the Government has in place, before acquiring vaccines of the next generation against such variants, to prevent the epidemic from deteriorating due to the importation of such variants; and

LEGISLATIVE COUNCIL ― 26 May 2021 6269

(5) whether it has assessed the pressure on the local manpower and facilities for virus testing to be brought about by the imminent plans to relax immigration restrictions to be implemented in various places; if so, of the details, and whether there are corresponding measures; if there are not corresponding measures, the reasons for that?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, for local confirmed cases of infection involving mutant strains, the Government has stayed vigilant and adopted stringent measures decisively and swiftly, with an aim to cutting the transmission chain in the community as quickly as possible. Although cases involving mutant strains have not yet caused an outbreak in the community, we should not let our guard down. It is essential for us to take all necessary measures to strengthen epidemic control by guarding against the importation of cases and the resurgence of domestic infections, and to further enhance the precision of the control measures to be taken in a bid to achieve the target of "zero infection" with the support and cooperation of the general public.

My reply to the various parts of the question raised by Ms Starry LEE is as follows:

(1) Currently, the World Health Organization has included the following as variants of concern (VOC): the variant B.1.1.7 which was first detected in the United Kingdom; the variant B.1.351 which was first detected in South Africa; the variant P.1 which was first detected in Brazil; and the variant B.1.617 which was first detected in India.

Between December 2020 and 20 May 2021, over 260 cases carrying the N501Y mutant strain had been detected in Hong Kong, including 145 cases with B.1.1.7 mutant strain, 49 cases with B.1.351 mutant strain and one case with B.1.617 mutant strain. There are also 100 cases carrying L452R but not the N501Y mutant strain, including over 70 cases with the B.1.617 mutant strain.

Among the above cases with N501Y mutant strain, there are 10 local cases which are involved in the same cluster. The remaining cases are either imported or epidemiologically linked to imported cases.

6270 LEGISLATIVE COUNCIL ― 26 May 2021

Among the imported cases carrying the N501Y mutant strain, most cases were from the Philippines (42.4%), followed by Pakistan (20%) and India (10.2%).

For the imported cases carrying L452R but not N501Y mutant strain, the majority were from India (70.7%). Cases imported from Nepal made up 9.2% of the cases.

(2) and (4)

As the pandemic is still raging globally, Hong Kong cannot afford to drop its guard on entry prevention and control measures. To achieve the objective of preventing the importation of cases as far as practicable, the Government has implemented corresponding anti-epidemic measures based on prevention and control risk assessments.

Currently, persons arriving at Hong Kong (including exempted persons), whether via the airport or land boundary control points, are required to undergo nucleic acid tests. For airport, after having their samples collected, regular arrivals must wait to ensure that their results are tested negative before they may proceed to designated quarantine hotels for compulsory quarantine (i.e. the "test and hold" arrangement), with a view to lowering the risk of spreading the virus to the community. Depending on what places the relevant persons have stayed in during the relevant period, these persons are subject to a number of tests during compulsory quarantine and may be subject to compulsory testing after quarantine.

As the global epidemic situation remains severe with the new virus variants still ravaging many parts of the world, the Government needs to maintain the 21-day compulsory quarantine requirement for most persons who have stayed overseas, especially high-risk places. By adopting a risk-based approach the Government has implemented the respective boarding, quarantine and testing arrangements based on the risk levels of places where the arriving persons have stayed in. Places outside China are categorized into the extremely high-risk Group A1 specified places, the very high-risk Group A2 specified places, the high-risk Group B specified places, the medium-risk LEGISLATIVE COUNCIL ― 26 May 2021 6271

Group C specified places, and the low-risk Group D specified places. Except for Group D specified places, the basic quarantine requirement for those who have stayed in the remaining places is still 21-day compulsory quarantine in designated quarantine hotels. The basic quarantine requirement for persons who have only stayed in Group D specified places is 14-day compulsory quarantine in designated quarantine hotels.

Meanwhile, persons arriving at Hong Kong, even if they were fully vaccinated, those who have stayed in Taiwan, Group B specified places or Group C specified places are still required to undergo 14-day compulsory quarantine in designated quarantine hotels, while fully vaccinated persons who have stayed in Group D specified places are still also required to undergo 7-day compulsory quarantine in designated quarantine hotels. Persons who have completed shortened compulsory quarantine are required to self-monitor for seven days and undergo compulsory testing.

To address the risk of importation of mutant strains of the virus from very high-risk places, the Government implemented on 14 April 2021 and tightened on 29 April the place-specific flight suspension mechanism. Under the mechanism, if among all passenger flights from the same place, regardless of airline, a total of five or more passengers were confirmed positive by arrival tests for COVID-19 with the N501Y mutant strain or other relevant virus mutation which may potentially pose similar risks to Hong Kong's public health within a seven-day period, or a total of 10 or more passengers were confirmed positive by any tests (including tests conducted during quarantine) with the N501Y mutant strain or relevant virus mutation within a seven-day period, the Government will prohibit all passenger flights from that place from landing in Hong Kong, and will specify that relevant place as an extremely high-risk Group A1 specified place, so as to stop persons from the relevant place from travelling to Hong Kong via transit.

As a measure to manage the flight resumption arrangements more cautiously under the mechanism, the Government will conduct risk assessments for comprehensive reviews of relevant factors such as the epidemic situation of the relevant places, vaccination rate, and 6272 LEGISLATIVE COUNCIL ― 26 May 2021

the prevalence of new virus variants before determining whether it is appropriate to remove the flight suspension. Due to the need to review the epidemic situation of the place concerned, the flight suspension mechanism will not be lifted automatically. The Government will continue to closely monitor the developments of the epidemic situation both globally and locally, and will further adjust the boarding and compulsory quarantine requirements for persons arriving at Hong Kong from places with different risks when necessary.

In order to prevent the spread of the virus in the community, the Centre for Health Protection ("CHP") of the Department of Health ("DH") has remained vigilant by strictly implementing contact tracing, testing and quarantine measures for confirmed case involving mutant strain detected in the community, and will continue to review relevant arrangements. Currently, the government will screen and arrange genetic sequencing tests for preliminary positive samples detected in Hong Kong in order to closely monitor the situation of mutant strain. Furthermore, since the detection of the first confirmed case involving mutant strain in the community, CHP has introduced more stringent measures.

According to the latest arrangement, when a preliminary positive or positive case involving the N501Y mutant strain with unknown source has been identified, a restriction-cum-testing declaration would be made by the Government. Household contacts and people living in the same subdivided unit as the confirmed case will be subject to 21 days quarantine (instead of 14 days for confirmed cases without mutant strain). For close contacts of local confirmed cases detected with N501Y mutant strain who are able to document proof of completion of two doses of CoronaVac or Comirnaty COVID-19 vaccines, and that 14 days have passed from the date of receiving the second dose; results of PCR testing of the respiratory specimens taken on specified dates after admission to a quarantine centre being all negative; and positive IgG or total antibody against SARS-CoV-2 spike protein or positive surrogate neutralizing antibody, the duration of quarantine can be shortened from 21 days to 14 days plus seven days of self-monitoring, counting from the last day of exposure to the confirmed case, and they are also subject to LEGISLATIVE COUNCIL ― 26 May 2021 6273

compulsory testing at a Community Testing Centre on Day 19. Besides, all residents living in the same building as the confirmed case would be subjected to compulsory testing on Days 3, 7, 12 and 19 counting from the day of announcement of the confirmed case. However, in case further cases are detected in the same building, all residents of the building would be classified as close contacts and placed under quarantine for 21 days as there would be evidence of transmission.

Furthermore, vaccination is the current focus of the global anti-epidemic work, and is the most effective and thorough measure in the control of the epidemic. The two COVID-19 vaccines (i.e. the CoronaVac and Comirnaty vaccine) authorized for use in Hong Kong have been rigorously evaluated by the Advisory Panel that they are safe, efficacious and of good quality. According to the information from the World Health Organization, both vaccines can produce certain neutralizing antibodies against the mutant strain involved in local confirmed cases.

Drawing from international experience, even in the face of mutant strains, countries which have commenced large-scale vaccination programmes are able to improve their epidemic situation as the vaccination coverage rate increases. In fact, unless with contraindications, the vast majority of people are suitable for COVID-19 vaccination. To protect ourselves, our family and friends, and to build a herd immunity barrier for protection, we urge the public to get vaccinated without delay.

(3) The Public Health Laboratory Services Branch of CHP conducts regular assessment to ensure that the COVID-19 RT-PCR testing platforms being used by DH, the Hospital Authority and outsourced private laboratories are able to detect the variants.

(5) As mentioned above, persons arriving at Hong Kong (including exempted persons), whether via the airport or land boundary control points, are required to undergo nucleic acid tests upon arrival. There are corresponding testing requirements during the compulsory quarantine period and after completion of quarantine.

6274 LEGISLATIVE COUNCIL ― 26 May 2021

The Government have been implementing virus testing in accordance with the principle of "early identification, early isolation and early treatment", and has been stepping up surveillance and testing efforts in a multi-pronged approach. The current maximum daily testing capacity of public and private laboratories has been substantially increased to approximately 100 000 tests per day (without sample pooling). The existing testing capacity is sufficient to meet the demand for virus testing in Hong Kong and the Government will continue to closely monitor the situation.

Littering problem in the countryside

18. DR PIERRE CHAN (in Chinese): President, it has been reported that quite a number of members of the public turned to the country parks and hiking trails for recreation and amenity since they could not travel abroad and some of the cultural, recreational and sports facilities had been closed amid the epidemic, thus aggravating the problem of littering in such places. In this connection, will the Government inform this Council:

(1) whether litter collection in the various country parks and hiking trails is undertaken by the staff of the Agriculture, Fisheries and Conservation Department ("AFCD") or the staff of outsourced service contractors ("contractors") engaged by AFCD; of the number of persons carrying out such work in each month of the past three years;

(2) of the respective average (i) monthly and (ii) daily frequencies of litter collection carried out by AFCD and/or its contractors in the various country parks and hiking trails in the past three years; if such figures are unavailable, whether it will compile such statistics;

(3) of the respective numbers of visitor arrivals to the various country parks and hiking trails as well as the quantities of litter collected therein, in each month of the past three years; if such figures are unavailable, whether it will compile such statistics;

LEGISLATIVE COUNCIL ― 26 May 2021 6275

(4) whether AFCD will increase the frequency of and the manpower for litter collection in the various country parks and hiking trails, and step up law enforcement actions against littering in such places; if so, of the details; if not, the reasons for that; and

(5) given that the Government has reduced the numbers of litter bins and recycling bins in the various country parks in recent years to encourage visitors to "take their litter home with them", whether the Government has reviewed if such an arrangement has aggravated littering by visitors in the country parks; if it has reviewed and the outcome is in the affirmative, of the details; if the review outcome is in the negative, the reasons for that?

SECRETARY FOR THE ENVIRONMENT (in Chinese): President, the Government notices that there have been a considerable number of members of the public visiting country parks and other countryside areas since the epidemic last year. The Agriculture, Fisheries and Conservation Department ("AFCD") has stepped up patrol and litter cleaning efforts in country parks (including hiking trails and recreational sites) where there are more visitors. It has also been promoting the messages of keeping the environment of country parks clean and caring for the nature to visitors through various channels.

Our reply to the question raised by Dr CHAN is as follows:

(1) Litter collection in country parks (including hiking trails within country parks) is carried out by the AFCD staff and their cleaning service contractors in their respective responsible areas. As collection and disposal of litter in country parks form part of the AFCD's regular management work for country parks, there is no breakdown of the staff involved in such services. Meanwhile, the number of cleaning service contractor workers involved is about 140 each year. In addition to litter collection in country parks, they are also responsible for cleaning of related facilities such as toilets.

(2) and (3)

The collection and disposal of litter in country parks form part of the AFCD's regular management work for country parks, which would be adjusted according to the actual needs in different locations. 6276 LEGISLATIVE COUNCIL ― 26 May 2021

Consequently, there would be variations on the services and AFCD does not compile statistics specifically on the daily and monthly frequency of litter collection in individual country parks and hiking trails. On the other hand, AFCD would flexibly increase the frequency of litter collection in the light of the utilization and hygiene conditions of the sites, particularly for those more popular with visitors. There are cleaning service contractor workers stationed at highly popular recreational sites to carry out the cleaning work. In addition, after long holidays and weekends, AFCD would also flexibly deploy additional manpower to popular hiking trails to step up litter collection.

Over the past three years, the number of visitors and the amount of litter collected in all country parks in Hong Kong for each month are tabulated in Table 1 and Table 2 in Annex respectively. As many country parks in Hong Kong are geographically connected or very close to each other, it is difficult to clearly define which individual country parks the visitors have visited and from which the litter has been collected. Therefore, the department does not have the monthly breakdown of the visitor number and the amount of litter collected for individual country parks.

(4) Since the epidemic last year, AFCD has been deploying resources agilely on litter collection in country parks by increasing the frequency and manpower of such services subject to the actual situation in popular locations and after long holidays or weekends, and stepping up litter cleaning effort along popular hiking trails and recreational sites.

In addition, AFCD is committed to combating illegal activities in country parks so as to protect the natural environment. The AFCD staff conduct patrols in country parks and special areas in various districts to monitor the ground situation and visitors' utilization of related facilities. If irregularities such as littering are detected, AFCD will take enforcement actions against the persons involved under the Country Parks and Special Areas Regulations (Cap. 208A) and other relevant legislation.

In the light that many members of the public have visited country parks since the epidemic last year, AFCD has stepped up patrol and law enforcement at popular locations. AFCD reviews and adjusts LEGISLATIVE COUNCIL ― 26 May 2021 6277

the patrol arrangements in country parks from time to time subject to the actual situation and arranges special operations at specific locations when necessary to combat the irregularities in country parks. Last year, AFCD arranged 42 special operations. Verbal advice was given to country park visitors on keeping the environment clean and 77 Fixed Penalty Notices were issued against littering.

(5) AFCD has been implementing the "Take Your Litter Home" publicity and education programme in collaboration with green groups and hiking groups since 2015, and has installed water filling stations in country parks. The programme enables public's participation in the protection of the countryside by nurturing their good habits of taking away their own litter after visiting the country parks and bringing their own reusable water bottles.

To tie in with the relevant publicity and education programme, litter bins and recycling bins along the hiking trails in country parks were removed by end of 2017 while there are still litter collection facilities at recreational sites (e.g. barbecue sites and campsites) for use by members of the public if needed. Although all barbecue sites and campsites in country parks are temporarily closed during the epidemic, in view of the increased number of visitors recently, AFCD has adjusted the cordoned off area as needed to ensure that country park visitors could continue to use the litter collection facilities in some barbecue sites and campsites in order to maintain environmental hygiene. When patrolling the country parks, the AFCD staff would remind visitors to take away their litter and take appropriate enforcement actions against littering if detected.

The "Take Your Litter Home" publicity and education programme has been up and running for some time. It has been effective in enhancing the public awareness towards litter reduction and environmental conservation during their visits to the countryside. The overall amount of litter collected in country parks has been on a downward trend since 2017. AFCD will continue to promote messages such as those related to hiking etiquette and caring for the nature through various channels from time to time as necessary.

6278 LEGISLATIVE COUNCIL ― 26 May 2021

Annex

Table 1: Over the past three years, the total number of visitors in all country parks in Hong Kong for each month is tabulated as follows:

Total number of visitors to all country parks in Hong Kong Month (million) 2018 2019 2020 January 1.23 1.11 1.04 February 1.07 1.05 1.32 March 1.11 1.00 1.07 April 1.14 0.92 0.94 May 1.02 0.85 0.88 June 0.84 0.78 0.82 July 0.85 0.77 0.76 August 0.78 0.72 0.69 September 0.74 0.78 0.69 October 1.10 1.00 1.16 November 1.18 1.08 1.27 December 1.24 1.14 1.36 Total 12.30 11.20 12.00

Table 2: Over the past three years, the total amount of litter collected in all country parks in Hong Kong for each month is tabulated as follows:

Total amount of litter collected in all country parks in Hong Kong Month (tonnes) 2018 2019 2020# January 278 258 276 February 233 243 287 March 245 204 312 April 291 217 140 May 210 200 156 June 174 178 192 July 169 156 162 August 151 141 154 September 247 193 138 LEGISLATIVE COUNCIL ― 26 May 2021 6279

Total amount of litter collected in all country parks in Hong Kong Month (tonnes) 2018 2019 2020# October 292 220 165 November 312 242 167 December 341 292 167 Total 2 943 2 544 2 316

Note:

# Due to the epidemic, AFCD has closed all barbecue sites and campsites in country parks from 28 March 2020 to 20 May 2020 and from 15 July 2020 to the present. The total amount of litter collected in country parks has significantly decreased during the closure period. AFCD does not have the statistics on the number of visitors and litter collected in each country park.

Combating advocacy of Hong Kong independence in universities

19. DR PRISCILLA LEUNG (in Chinese): President, it has been reported that in recent years, the executive committees of the students' unions ("SUs") of a number of universities have publicly made remarks in support of Hong Kong independence, democratic self-determination etc. which violate the Constitution, the Basic Law, "one country, two systems" and the National Security Law for Hong Kong. In this connection, will the Government inform this Council:

(1) in respect of the 10 publicly funded institutions (i.e. the eight universities funded through the University Grants Committee, The Hong Kong Academy for Performing Arts funded directly, and The Open University of Hong Kong some courses and research projects of which are funded, by the Government), whether it knows the following information of each of the institutions: (i) whether the SU is an independently registered society or body corporate, (ii) whether the SU has used the facilities of the institution for purposes such as offices and democracy walls, and has been entrusted with the management rights of such facilities, (iii) whether the SU membership fees are collected by the institution on behalf of the SU, and (iv) whether it is set out in the institution's statutes that the SU's representatives are ex-officio members of its Council; and

6280 LEGISLATIVE COUNCIL ― 26 May 2021

(2) whether the Education Bureau gained last year an understanding from the aforesaid institutions about (i) how they had handled their conflicts with the SUs in respect of making remarks in support of Hong Kong independence, and (ii) the new measures put in place by them in recent years to combat the infiltration of the idea of Hong Kong independence into school campuses and to ensure that the facilities in school campuses would not be used by the SUs for the purpose of advocating Hong Kong independence?

SECRETARY FOR EDUCATION (in Chinese): President,

(1) The eight University Grants Committee ("UGC")-funded universities, The Open University of Hong Kong ("OUHK") and The Hong Kong Academy for Performing Arts ("HKAPA") are institutions established pursuant to their respective laws. In accordance with the powers vested upon Councils and procedures prescribed under these relevant laws, they handle management matters, including campus management and student affairs.

The students' unions ("SUs") of the above mentioned institutions are not subordinate to their institutions, and operate independently in accordance with their constitutions. The work relationship between the institutions and their SUs is part of the administration handled by the institutions individually and varies between the institutions. The institutions shall ensure that their operations comply with the law. As with other individuals, organizations and institutions, SUs are required to abide by the laws of Hong Kong, which includes registering with the relevant authorities under applicable laws.

It is understood that SUs of the City University of Hong Kong ("CityU"), the Hong Kong Baptist University ("HKBU"), the Lingnan University ("LU"), The Hong Kong Polytechnic University ("PolyU"), The Hong Kong University of Science and Technology ("HKUST"), OUHK and HKAPA are allowed to use and/or manage specific on-campus facilities. In terms of membership fee collection on behalf of SUs, HKBU, LU, The Education University of Hong Kong, PolyU, HKUST and HKAPA currently have such an arrangement. LEGISLATIVE COUNCIL ― 26 May 2021 6281

In accordance with the relevant laws of the institutions, the Presidents of SUs of CityU, HKBU, LU and OUHK are ex-officio members of the Councils. There is no such arrangement for other institutions.

(2) The Government has all along been respecting institutional autonomy and academic freedom, and at the same time requesting the institutions to uphold good governance and accountability to the public while ensuring that their operations comply with the law and meet the interests of students and the community at large. With the implementation of The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region ("NSL"), the institutions are introducing measures to enhance campus management and to require SUs and their members to comply with the law including NSL. The institutions shall also promote national security education to raise the awareness of national security and of the obligation to abide by the law among staff members and students. We note that some UGC-funded universities have recently issued statements on the administrative support and facility management matters for their SUs with a view to clarifying the work relationship and legal obligations between the institutions and their SUs.

As always, the Education Bureau will maintain close liaison with post-secondary education institutions to ensure that the latter's operations continue to meet the interests of the community at large, so as to enable them to focus on research and academic development, strive for academic excellence, and seize the unprecedented opportunities presented by the developments of our country and the region, and technological advancements.

Coronavirus Disease 2019 vaccines

20. DR CHIANG LAI-WAN (in Chinese): President, two Coronavirus Disease 2019 ("COVID-19") vaccines (i.e. the Sinovac and BioNTech vaccines) are provided under the COVID-19 Vaccination Programme, which commenced on 26 February this year, for members of the public to choose for vaccination for free. According to the Government's plan, the Community Vaccination Centres ("CVCs") will operate until the end of September this year. As the BioNTech 6282 LEGISLATIVE COUNCIL ― 26 May 2021 vaccine is administered only in CVCs, members of the public may only receive the Sinovac vaccine from October onwards. In this connection, will the Government inform this Council:

(1) of the respective latest information below on the aforesaid two types of vaccines: (i) the shipment quantity, (ii) the quantity used, (iii) the quantity of vaccine yet to be delivered, broken down by the expected dates of delivery to Hong Kong, and (iv) the quantity discarded and the reasons for that; the projected stock of the two types of vaccines as of 1 October this year, broken down by expiry date, and the ways in which the unused doses of the BioNTech vaccine will be disposed of;

(2) as the manufacturer of the BioNTech vaccine has told the media that recipients of that vaccine may need to receive a third dose of the BioNTech vaccine before they may be fully protected, whether the Government will procure additional doses of the BioNTech vaccine for members of the public who have received two doses of the vaccine to receive their third dose for free; if so, of the details and whether it will administer the first and second doses of the BioNTech vaccine to members of the public at that time; if not, the reasons for that;

(3) whether it will make enquiries with the manufacturer of the Sinovac vaccine on whether the recipients of the vaccine need to receive a third dose of the vaccine for better protection; and

(4) of the latest status of the Government's plan to procure the AstraZeneca vaccine; as the Government has indicated earlier on that it has started to explore the procurement of vaccines of the next generation with stronger protection against COVID-19 virus variants, of the manufacturers whom the Government has contacted and the technology platforms adopted by them?

SECRETARY FOR FOOD AND HEALTH (in Chinese): President, so far, the Government has procured and authorized a total of 15 million doses of the Sinovac and Comirnaty vaccines for emergency use. The procured quantity is sufficient for vaccination by the entire population of Hong Kong. Since the launch of the Vaccination Programme on 26 February, as at 24 May, over LEGISLATIVE COUNCIL ― 26 May 2021 6283

2.17 million doses of COVID-19 vaccines had been administered to members of the public. Among them, over 1.26 million persons had received their first dose, accounting for 19.3% of the population aged 16 or above, and about 907 000 persons had received their second dose.

The Government is implementing the Vaccination Programme at full swing. Up till now, however, our vaccination rate is still far below the level required for achieving herd immunity. Vaccination is not only the most effective and thorough measure for preventing and controlling COVID-19 but also the key to overcoming the epidemic, resuming normal ways of life and early resumption of cross-boundary travel as early as possible. We appeal to those who have not received vaccination to get vaccinated as soon as possible to protect themselves and others, thereby building up the herd immunity barrier for Hong Kong.

My reply to the various parts of the question raised by Dr CHIANG Lai-wan is as follows:

(1) As at mid-May, about 2 million doses each of the Sinovac vaccine and Comirnaty vaccine(1) have arrived in Hong Kong; and about 940 000 and 1 230 000 doses of the Sinovac and Comirnaty vaccines were used respectively. Regarding the remaining quantity of vaccines which are yet to be delivered, we will maintain close liaison with the drug manufacturers and arrange for their delivery to Hong Kong in batches according to the purchase agreements to tie in with the progress of the Vaccination Programme.

As the drug manufacturers have scheduled the production and logistics of the vaccines in advance according to the purchase agreements, and given that the vaccines will expire, it is necessary for them to be delivered to Hong Kong in batches within a specified time frame. In particular, the Comirnaty vaccine needs to be stored in an ultra-low temperature setting, but the storage space of chilled warehouses meeting such requirement is limited. Moreover, the vaccines have a relatively short expiry date from the date of manufacture (around three to four months after arrival in Hong

(1) The 2 million odd doses of the Comirnaty vaccine that have arrived in Hong Kong do not include the 1.19 million odd doses that had to be returned to the German manufacturer BioNTech due to packaging defects. 6284 LEGISLATIVE COUNCIL ― 26 May 2021

Kong). If the quantity of uptake falls short of the quantity procured, some of the precious vaccines will be wasted. On the other hand, if a large number of people want to get vaccinated shortly before the Community Vaccination Centres ("CVCs") cease operation, the vaccines may be in short supply by then. Therefore, we call on members of the public not to delay and get vaccinated while current stock lasts and the service capacity is still sufficient at CVCs.

To avoid wastage amid tight global supply, the Government will, based on the vaccination and appointment trends, estimate the quantity of vaccines that may become excessive, and discuss with the drug manufacturers how to handle the expected surplus doses which are unused in this phase of the Vaccination Programme within this year or before their expiry dates. Options being explored include postponing or cancelling delivery of certain batches or donating them to places more in need of vaccines through channels like the World Health Organization ("WHO"). Drug manufacturers' consent is required for such arrangements and the Government will still have to bear the relevant expenses as per the purchase agreements. It is estimated that postponed delivery can only be rescheduled to next year the soonest; while cancelled or donated vaccines will not be replenished under the current purchase agreements.

When preparing for the next phase of the Vaccination Programme, the Government will also consider procuring the next generation vaccines. Given the persistent tight global supply, we expect that drug manufacturers as well as WHO will decide the quantity of vaccines to be distributed to Hong Kong under their global vaccine supply strategies having regard to our response in the current phase of the Vaccination Programme. In view of the serious vaccine hesitancy in Hong Kong, the chance of the procured vaccines being in surplus is high. As such, in the next round of procurement negotiations with the drug manufacturers, we may not be able to get an outcome as desirable as that in the present round. At this stage, we do not know if we will be able to procure vaccine doses sufficient for the entire Hong Kong population in the next round of procurement.

LEGISLATIVE COUNCIL ― 26 May 2021 6285

(2) and (3)

We have been keeping a close watch on the development of different vaccines and technology platforms, as well as the latest research data published by different drug manufacturers. As far the Comirnaty vaccine is concerned, according to media reports and information made public by the manufacturer, it is very likely that vaccine recipients will need a third booster dose within 12 months of receiving their second dose, and thereafter a booster dose will be required every year to enhance the efficacy of the vaccine, particularly in regard to the mutant variants. It is understood that the manufacturer is conducting research on the interval for booster injections and the safety, immunogenicity and efficacy of the booster dose. As for the Sinovac vaccine, as the need for a booster dose has yet to be established, the Government will maintain close liaison with the manufacturer and make reference to WHO's guidelines on COVID-19 vaccines to obtain the latest information.

On the other hand, we have started to consider procuring the next generation COVID-19 vaccines as boosters and plan for the next phase of the Vaccination Programme in Hong Kong. The efficacy and protection against mutant virus strains of the next generation vaccines are important considerations when we procure and authorize COVID-19 vaccines in the future. Although we cannot predict with certainty when the next generation vaccines will be available, we have started to discuss with vaccine manufacturers of various places to provide Hong Kong with the next generation vaccines, so as to tie in with the next phase of COVID-19 Vaccination Programme.

However, many experts have pointed out that it remains highly uncertain as to when the next generation vaccines will be available and the efficacy of the booster dose will be largely dependent on whether citizens have been vaccinated with vaccines available in the current phase of the Vaccination Programme. In the next phase Vaccination Programme, we are preparing to provide booster dose to those who have already been vaccinated in the current phase. As regards those who have not received vaccination in the current phase, whether and how they should receive the booster dose or 6286 LEGISLATIVE COUNCIL ― 26 May 2021

other vaccines, we will listen to the expert advice of the Scientific Committee and then make arrangements. Members of the public should get vaccinated as soon as possible with the two vaccines currently available in Hong Kong instead of waiting for the next generation vaccines.

(4) So far, the Government has procured and authorized a total of 15 million doses of the Sinovac and Comirnaty vaccines for emergency use. The procured quantity is sufficient for vaccination by the entire population of Hong Kong. The supply of vaccines that we have agreed with the drug manufacturers can also ensure the sustainability of the first phase of the Vaccination Programme. Given that we have a sufficient supply of vaccines for the time being and it is important to avoid wastage amid global shortage, we do not see a need for the AstraZeneca vaccine to be delivered to Hong Kong within this year.

The Government has been negotiating the procurement of vaccines with different vaccine manufacturers and seeking more information on vaccines developed through different technology platforms. Given the confidentiality of the purchase agreements with the manufacturers, we cannot disclose the details of procurement.

San Tin/Lok Ma Chau Development Node

21. MR HOLDEN CHOW (in Chinese): President, the Government commenced a study on the proposed San Tin/Lok Ma Chau Development Node ("STLMC DN") in 2019. According to the preliminary projections, STLMC DN, covering a total area of about 320 hectares, can provide about 31 000 residential flats for accommodating around 84 000 residents, and create around 64 000 job opportunities. In this connection, will the Government inform this Council:

(1) as the Government has indicated that the 57-hectare enterprise and technology park in STLMC DN can tie in with the development of the Hong Kong-Shenzhen Innovation and Technology Park in the Lok Ma Chau Loop, of the positioning of the enterprise and technology park, and how the two parks will create synergy effects;

LEGISLATIVE COUNCIL ― 26 May 2021 6287

(2) as the first resident intake of STLMC DN is expected to take place in 2032 but the Northern Link Phase 2 is not expected to be completed until 2034, whether the Government will consider expediting the progress of the railway project, so as to meet the public transport service demand of the first batch of residents who will move into STLMC DN; and

(3) whether it has plans to reserve land in the enterprise and technology park for industrial use, as well as attract, through tenancy incentives, local manufacturers of traditional industries to upgrade their production lines and relocate them to the park, so as to promote re-industrialization in Hong Kong?

SECRETARY FOR DEVELOPMENT (in Chinese): President, San Tin/Lok Ma Chau Development Node ("STLMC DN") is part of the New Territories North ("NTN") development. The Government commenced the feasibility study of STLMC DN in 2019 and has formulated the initial land use proposals. At present, the Government is seeking funding approval from the Legislative Council for studies relating to the NTN development; and strive to secure the approval in the current legislative session and then proceed to the investigation study and detailed design for the works of STLMC DN with a view to commencing the construction works in 2025.

After consulting the Innovation and Technology Bureau ("ITB"), the Transport and Housing Bureau ("THB") and other relevant departments, I reply to the various parts of the question as follows:

(1) and (3)

To capitalize on the locational advantages of STLMC DN, i.e. its proximity to boundary crossing with easy accessibility to Futian, Shenzhen and the surrounding areas and its location being around one kilometre west to the Lok Ma Chau Loop ("the Loop"), we have proposed to earmark about 57 hectares of land in the northern part of STLMC DN for the uses of Enterprise and Technology Park, which are intended to complement with the development of the Hong Kong-Shenzhen Innovation and Technology Park ("HSITP") in the Loop for achieving synergy.

6288 LEGISLATIVE COUNCIL ― 26 May 2021

The Government is taking forward in full swing the development of HSITP located in the Loop. Upon its full development, HSITP will provide a gross floor area of 1.2 million square metres and become Hong Kong's largest-ever innovation and technology ("I&T") platform. The vision of HSITP is to become a world-class knowledge hub and I&T centre, converging technology enterprises, research and development ("R&D") institutions and higher education institutions from Hong Kong, the Mainland and overseas, which can connect upstream and midstream research to downstream market, further enhancing the collaboration among the industry, academic and research sectors. High value-adding processes including R&D, prototyping, product design and testing can be conducted at HSITP. The funding required to commence Batch 1 development of HSITP was approved by the Legislative Council's Finance Committee in February this year. Currently, the Hong Kong-Shenzhen Innovation and Technology Park Limited is focusing on the relevant construction works in order to complete all eight buildings of Batch 1 development in phases from 2024 to 2027.

In view of the increasing demand for land from the R&D sector and new industries in Hong Kong, the Government will continue to be proactive in providing land required for development in the short, medium and long terms. Regarding the proposed 57-hectare site in STLMC DN, it is preliminarily intended for the I&T industries and related uses, at the same time complementing or supporting the HSITP development at the Loop. Details of the land development plan and uses are to be discussed and finalized with ITB in the subsequent investigation study. The Government will consult the relevant Legislative Council panels on the future planning and positioning of the site in due course. As for the promotion of re-industrialization, ITB will continue to proactively support the industrial sector in terms of capital, talent, infrastructure, technology and R&D to foster industries that are based on new technologies and smart production.

(2) In December 2020, THB invited the MTR Corporation Limited ("MTRCL") to conduct the detailed planning and design of the Northern Link ("NOL"). Considering the time required for the detailed planning and design of the project, the construction of the LEGISLATIVE COUNCIL ― 26 May 2021 6289

NOL Phase 2 (i.e. the main line connecting Kam Sheung Road Station and Kwu Tung Station) is expected to commence in 2025 for completion in 2034. It will provide impetus for development in San Tin, Ngau Tam Mei, Au Tau and their surrounding areas. According to the current planning for STLMC DN, the first batch of population involving approximately 3 000 residents will move to the area between 2032 and the completion of NOL, representing around 4% of the new population (approximately 84 000 residents) in STLMC DN upon its full development. The major population intake will commence from 2034 onwards, which will be in line with the target commissioning date of the NOL Phase 2. Before the completion of NOL, the relevant departments will coordinate with public transport operators to provide adequate public transport services to meet the transport needs of the first population intake. The Government will continue to follow up with MTRCL to ensure its close monitoring of the works progress, with a view to completing the project for providing services as soon as possible.

Impacts of abolition of manual toll payment on tunnel staff

22. MR LUK CHUNG-HUNG (in Chinese): President, the Government plans to adopt, starting from the end of next year, a free-flow tolling system at the various government tolled tunnels and the Tsing Sha Control Area ("tunnels"), under which the manual toll payment will be replaced by remote toll payment. Some trade unions' representatives have pointed out that by then, the various tunnels' toll collectors and supporting staff ("affected staff") may lose their jobs; as such, the Government and the operators responsible for the management, operation and maintenance of the tunnels ("the operators") should make appropriate arrangements for the affected staff as soon as possible, so as to protect their rights and interests. In this connection, will the Government inform this Council:

(1) whether it knows the total number of staff affected, as well as their highest, lowest and average service years, with a tabulated breakdown of the number of such staff by name of tunnel and grade of staff;

6290 LEGISLATIVE COUNCIL ― 26 May 2021

(2) as the Government has indicated that it will require the operators to provide re-training and job transfer arrangements for the affected staff, of the details and progress of such work; whether the Government will (i) provide subsidies on re-training expenses and (ii) offer ex-gratia compensation payments to the affected staff on accounts of their livelihood having been affected by the Government's policy; if so, of the details; if not, the reasons for that; and

(3) whether the Government will specify in the tunnel management contracts to be signed in the future that the operators are required to set aside funds for providing ex-gratia compensation payments to those affected staff who are unable to have successful job transfer; if so, of the details; if not, the reasons for that?

SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, my consolidated reply to the various parts of the question raised by Mr LUK Chung-hung is as follows:

The Government plans to gradually implement a free-flow tolling system ("FFTS") at government tolled tunnels and the Tsing Sha Control Area ("TSCA") from late 2022 onwards. Following the implementation of FFTS, toll collectors will no longer be required to collect tolls at government tolled tunnels and the control area. In this connection, the Transport Department ("TD") will continue to review in detail the operating arrangements with the contractors responsible for the management, operation and maintenance of the tunnels and TSCA ("the Contractors") in order to work out the manpower requirements after the implementation of FFTS.

The number of affected staff of various government tunnels and TSCA will be subject to change depending on staff redeployment (e.g. internal transfer) and the operating condition in the coming two to three years (i.e. before the full implementation of FFTS). On this premise, the preliminary estimation is that about 260 toll collectors will be affected, the breakdown of which by tunnel and control area is as follows:

LEGISLATIVE COUNCIL ― 26 May 2021 6291

Tunnel/Control area Number of toll collectors (preliminary estimate) TSCA 28 Aberdeen Tunnel 32 Cross-Harbour Tunnel 52 Eastern Harbour Crossing 36 Lion Rock Tunnel 48 Shing Mun Tunnels 30 Tate's Cairn Tunnel 36 Total 262

The manpower arrangements in various tunnels and TSCA may change before the implementation of FFTS; and hence the information of the toll collectors concerned (including their length of service) cannot be provided at this stage.

Apart from toll collectors, some posts such as assistant operations controllers, operations supervisors, administrative and supporting staff as well as technicians will no longer be required to perform tolling-related tasks as part of their duties with the implementation of FFTS. TD will continue to maintain close liaison with the Contractors to review the manpower arrangements for the posts concerned upon the implementation of FFTS.

TD has all along been encouraging the Contractors to assist their toll collectors and other affected staff in taking up other suitable positions, for instance by continuing to provide subsidies/training (e.g. driving test fees/training) to toll collectors for facilitating their transfer to become traffic officers employed by the Contractors. With a view to enabling more staff to stay in employment, if a toll collector has met TD's requirements by completing a 24-day training programme and fulfilling other entry qualifications of traffic officer, TD, having considered the operation and staff establishment of the various government tunnels and TSCA, will consider suitably exempting him/her from the entry requirement, as specified in the Contractors' management contracts, of having one year of working experience relevant to the post of traffic officer.

6292 LEGISLATIVE COUNCIL ― 26 May 2021

Taking into account the experience in implementing the toll waiver of the Lantau Link, TD also encourages the Contractors to, apart from redeploying suitable staff to other posts in the respective tunnels/control area, arrange their staff to work in other businesses of the Contractors or their parent companies (e.g. as fee collectors at car parks). The Contractors will provide support and training to the staff, and encourage as well as make arrangements for them to seek job transfers.

In addition, the new service provider of FFTS will also require experienced personnel to assist in operating the tolling system and handling relevant tasks. The Government will actively consider to include, in the tender for toll service provider, requirements for the tenderers to submit proposals on the recruitment of existing tunnel staff and related manpower arrangement.

As for the existing Contractors, TD will continue to monitor their related work. In case the employment contract of an employee needs to be terminated, TD will ensure that the Contractor concerned will pay all the termination payments, e.g. outstanding wages, annual leave and severance payments, to the employee in accordance with the Employment Ordinance (Cap. 57) and the management contract.

GOVERNMENT BILL

Second Reading of Government Bill

Resumption of Second Reading Debate on Government Bill

PRESIDENT (in Cantonese): Government Bill.

This Council resumes the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021.

Mr Martin LIAO, Chairman of the Bills Committee on the Bill, will first address the Council on the Bills Committee's Report.

LEGISLATIVE COUNCIL ― 26 May 2021 6293

IMPROVING ELECTORAL SYSTEM (CONSOLIDATED AMENDMENTS) BILL 2021

Resumption of debate on Second Reading which was moved on 14 April 2021

MR MARTIN LIAO (in Cantonese): President, in my capacity as the Chairman of the Bills Committee on Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bills Committee"), I would like to report on the major issues deliberated by the Bills Committee.

The Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") seeks to implement the Decision of the National People's Congress ("NPC") on Improving the Electoral System of the Hong Kong Special Administrative Region ("HKSAR") ("the Decision") made on 11 March 2021, and the amended Annex I to the Basic Law on Method for the Selection of the Chief Executive ("CE") of HKSAR and Annex II to the Basic Law on Method for the Formation of the Legislative Council ("LegCo") of HKSAR and Its Voting Procedures passed by the Standing Committee of NPC ("NPCSC") on 30 March. The Bill also incorporates amendments to the relevant electoral legislation to implement a host of measures to enhance the electoral arrangements.

(THE PRESIDENT'S DEPUTY, MS STARRY LEE, took the Chair)

In order to expeditiously implement the Decision and start the scrutiny work as soon as possible, the House Committee decided on 19 March 2021 that a subcommittee be set up first to deliberate the main content of the NPC Decision, the amended Annexes I and II to the Basic Law, and related policy issues ("the Subcommittee"). After the introduction of the Bill into LegCo for First Reading on 14 April, the Subcommittee was transformed into the Bills Committee to conduct clause-by-clause examination of the Bill. From 26 March to 3 May this year, the Bills Committee and the Subcommittee held a total of 17 meetings, or 47 hours of discussion. Upon in-depth and thorough discussion of the Bill, members put forward many valuable views. After discussion, the Administration has taken on board many of the views put forth by members and proposed a number of amendments. Members in general support the amendments proposed by the Administration. As the Report of the Bills Committee has already given a detailed account of its deliberations, I will only provide a gist of our major deliberations. 6294 LEGISLATIVE COUNCIL ― 26 May 2021

One of the major concerns of the Bills Committee revolves around issues relating to the reconstitution of the Election Committee ("EC"). According to the Decision of NPC, EC should be broadly representative, suited to HKSAR's actual situation, and representative of the overall interests of society. It will be composed of 1 500 members from five sectors. The five sectors will be composed of 40 subsectors, and EC members will be returned by the following three methods: ex-officio members; nominated by designated bodies of the subsectors; and elected by eligible voters in the subsectors.

Members note that the proposed composition of EC has undergone a major overhaul, where various new EC Subsectors ("ECSSs") will be added, and some other subsectors will have their seats reduced or merged. Also, the electorate of ECSSs will generally no longer contain individual voters. Members in general have expressed concerns about the criteria for selecting the corporate voters in various subsectors.

The Administration has advised that corporate voters for ECSSs are selected based on three criteria, i.e. the representativeness, whether it has substantial connection with the subsector, and its adherence to the principle of "patriots administering Hong Kong". In line with the established practice, the advice of the relevant policy bureaux and departments has also been sought in considering whether individual bodies fulfil such criteria. The Administration has explained that the goal of the reconstitution is to ensure political participation in a balanced and orderly manner and to achieve broader representation in line with Hong Kong's actual circumstances for the overall benefits of Hong Kong. While it is understood that the proposed new composition and electorate base of some ECSSs and functional constituencies ("FCs") may not satisfy all relevant stakeholders, the Administration appeals for the understanding of all sectors that improvements to the electoral system are for guaranteeing the sound and sustained implementation of the "one country, two systems" principle and enhancing the governance capability of HKSAR, so as to safeguard the long-term prosperity and stability of Hong Kong.

The Administration has advised that in order to reflect more accurately the policy intent and the actual situation of the relevant sectors, amendments will be proposed in relation to the eligibility requirements for voters of the accountancy subsector and the hotel subsector to better suit the actual situation of the sectors. The details of these amendments have already been set out in the Report of the Bills Committee.

LEGISLATIVE COUNCIL ― 26 May 2021 6295

Members note that the Bill would introduce the oath-taking requirement for EC members to uphold the Basic Law and bear allegiance to HKSAR. Moreover, regarding the maximum number of nominations that can be made by each EC member, in accordance with the relevant requirements under the Bill, although each EC member can nominate candidates in his/her different capacities, an EC member will not be able to nominate different candidates in an FC or a geographical constituency ("GC") election using his/her different capacities. Some members, however, consider that an EC member should not be restricted from nominating different candidates in GCs and FCs using their different capacities. Taking into account members' views, the Administration proposes to lift the relevant restrictions in the Bill such that the maximum number of nomination forms that an EC member would be able to subscribe would be five.

Regarding the method for selecting CE and related matters, members note that a CE candidate will have to be nominated by not less than 188 EC members with at least 15 members from each of the five EC sectors. Each EC member may only nominate one candidate. CE will be elected by secret ballot on a "one person, one vote" basis. A candidate will have to obtain over 750 votes in the poll to be elected and the CE-elect will be appointed by the Central People's Government. Regarding the proposal in the Bill to increase the election expenses limits ("EELs") of CE elections from the current level of $15,700,000 to $17,600,000 in accordance with price adjustments, members have enquired about the rationale for the increase. The Administration has explained that the purpose of the proposed amendment is to adjust upward the EEL of the next CE election by around 10.28%, which reflects the underlying inflation rate anticipated for the period from 2017 to 2022.

Another major concern of the Bills Committee relates to the updating of the composition and formation of LegCo. Members note that pursuant to the amended Annex II to the Basic Law, LegCo shall be composed of 90 members, including 40 members returned by the EC constituency ("ECC"), 30 members returned by FCs, and the remaining 20 members returned by GCs through direct elections.

The electorate of the LegCo ECC will be composed of 1 500 EC members who will return 40 members of the ECC in LegCo. The 30 seats of FCs would be returned by 28 FCs in LegCo. The three new FCs are the HKSAR deputies to NPC, HKSAR members of the National Committee of the Chinese People's Political Consultative Conference ("CPPCC") and representatives of relevant 6296 LEGISLATIVE COUNCIL ― 26 May 2021 national organisations FC; the commercial (third) FC; and the technology and innovation FC. The technology and innovation FC will replace the current information technology FC.

Meanwhile, the existing District Council ("DC") (first) FC and DC (second) FC will be abolished, and the existing medical FC and health services FC will be combined to form the medical and health services FC. The electorate of the medical and health services FC will include representatives of the Chinese medicine sector. Besides, under the Bill, the electorate of some FCs will be composed of corporate electors only.

For GCs, according to the amended Annex II to the Basic Law, the number of GCs will be increased from five to ten, and two Members will be returned for each GC. Each voter may vote for one candidate. The two candidates who obtain the greatest numbers of votes will be returned as Members of the respective GC.

Members have enquired whether an individual who is not a Chinese citizen and has the right of abode in a foreign country can become an EC member and a candidate for LegCo Member returned by ECC. The Administration has advised that to ensure EC's broad representativeness and balanced participation, EC members do not have to be Chinese citizens with no right of abode in any foreign countries, but they have to be patriots. An oath-taking requirement will be imposed on EC members so as to ensure that they will uphold the Basic Law and bear allegiance to HKSAR. However, LegCo Members returned by EC will be subject to the requirement stipulated in Article 67 of the Basic Law, under which LegCo shall be composed of Chinese citizens who are permanent residents of HKSAR with no right of abode in any foreign country. However, permanent HKSAR residents who are not of Chinese nationality or who have the right of abode in foreign countries may also be elected members of LegCo, provided that the proportion of such members does not exceed 20% of the total membership of the Council. Currently, section 37(3) of Cap. 542 sets out that the candidature of 12 FCs is open to Hong Kong permanent residents who are not Chinese nationals or who have the right of abode in a foreign country. The Administration has explained that if persons who are not of Chinese nationality or who have the right of abode in foreign countries are allowed to be nominated as candidates of ECC, it may be possible that some of the elected members in ECC would have the right of abode in foreign countries, which may contravene Article 67 of the Basic Law. Therefore, ECC candidates must be of Chinese nationality and not have the right of abode in foreign countries. LEGISLATIVE COUNCIL ― 26 May 2021 6297

Regarding the composition of FCs, in consideration that the latest estimation on the number of potential electors in the catering FC will be relatively small, the Administration proposes to further amend the proposed section 25(3) of Cap. 542 to include the catering FC as one of the FCs with priority in voter registration ("VR").

In general, members have expressed concerns about the proposed new section 42C of Cap. 542 which stipulates that, after the close of nominations for an election for a GC or an FC, but before the date of the election, if a validly nominated candidate has died or is disqualified from being nominated as a candidate, the Returning Officer ("RO") must declare that the proceedings for the election are terminated. Members consider that some persons with an ulterior motive may try to sabotage LegCo GC or FC elections by sending persons who have high risks of being disqualified from being validly nominated to run for the elections with an aim to trigger the aforesaid proposed arrangement for terminating elections. These members have requested the Administration to amend the relevant provisions. Members further note that in addition to the aforesaid provision, the amended section 46A(1) and (2) of Cap. 542 also provides that if, on the date of an election but before the close of polling for the election, a validly nominated candidate in a GC, an FC or an ECC has died or is disqualified from being elected, the election proceedings of the constituency concerned must be terminated. Members consider that based on the same considerations, the requirement under section 46A(1) and (2) of Cap. 542 should also be amended. Having regard to members' concerns, the Administration proposes to amend the relevant clauses to provide that, inter alia, in case of death or disqualification of a validly nominated candidate in a GC and an FC after the close of nominations but before the close of polling for the election, the relevant election proceedings will not be terminated. The Administration also proposes to make corresponding amendments to other electoral legislation in order to implement this arrangement.

Revising the VR arrangements is also a matter of concern to the Bills Committee. Members stress that the Administration should allow sufficient time for newly eligible and affected electors and voters to submit VR applications. In order to allow more time for these individuals and bodies to handle their VR matters, the Administration proposes further amendments to the Bill to extend the special VR deadline from 14 June to 5 July 2021. The dates of the other VR procedures will also be amended correspondingly. Members have requested the Administration to, after the passage of the Bill, step up publicity efforts to promote the special VR arrangements for 2021. The Administration has undertaken to do so. 6298 LEGISLATIVE COUNCIL ― 26 May 2021

The new candidate eligibility review mechanism is also an issue of concern to members. Members note that pursuant to the amended Annexes I and II to the Basic Law, the eligibility of candidates standing for CE elections, ECSS elections and LegCo elections will be reviewed and confirmed by the newly established Candidate Eligibility Review Committee of HKSAR ("CERC"). The chairperson and members of CERC will be appointed by CE by notice in the Gazette. The Administration has further advised that pursuant to the amended Annexes I and II to the Basic Law, the Committee for Safeguarding National Security of HKSAR shall, on the basis of the review by the department for safeguarding national security of the Police Force of HKSAR, make findings as to whether a candidate meets the legal requirements and conditions of upholding the Basic Law and bearing allegiance to HKSAR, and issue an opinion to CERC in respect of a candidate who fails to meet such legal requirements and conditions.

The Bill provides that CERC is to consist of the chairperson and two to four other members, all of whom are confined to Principal Officials ("POs") appointed pursuant to Article 48(5) of the Basic Law. Taking into account the views in the community, CE announced on 13 April 2021 her intention to expand the composition of CERC to include patriotic, independent and apolitical individuals with a view to further enhancing the credibility of CERC. Members in general support the plan. Subsequently, the Administration has proposed to move amendments to increase the upper limit of members in CERC from five to eight, and stipulate that CE shall, in addition to the chairperson and two to four official members, appoint one to three non-official members.

Some members are concerned that as the appointed POs will be responsible for reviewing the eligibility of incumbent LegCo Members seeking re-election, whether those LegCo Members who have been critical of some POs in the past would be subject to unfair treatment when their eligibility is reviewed by CERC. They have also enquired about the arrangement for a PO to declare an intention to stand for a CE election if the PO is a CERC member.

The Administration has advised that as POs have considerable administrative experience and they are trusted by the Central Authorities in upholding the principle of "patriots administering Hong Kong", POs are considered appropriate choices to be appointed as CERC members. Criticisms from LegCo Members will not affect their work in performing the functions of CERC in an objective and impartial manner. The Administration has advised that if a PO decides to stand for a public election, the PO must resign from the incumbent post. LEGISLATIVE COUNCIL ― 26 May 2021 6299

Deputy President, the Decision of NPC also stipulates that HKSAR shall, in accordance with the law, organize and regulate relevant electoral activities, with a view to implementing a new electoral system that accords with the actual situation in Hong Kong. The amended Annexes I and II to the Basic Law provide that HKSAR should take measures in accordance with the law to regulate acts that manipulate or undermine elections. To this end, the Administration proposes in the Bill to introduce a new provision (i.e. section 27A) to Cap. 554 to create a new offence, i.e. the illegal conduct of inciting another person not to vote or to cast an invalid vote by way of public activity during an election period. The Administration also proposes introducing a new offence under section 14(1A) of Cap. 554 to prevent any person from wilfully obstructing or preventing another person from voting at an election. Any person who incites another person or commits in conspiracy the proposed new offence under section 14(1A), including calling on others to take away the identity cards of elderly electors to prevent them from voting, also commits the offence.

Members have expressed concerns that the proposed new section 27A as currently drafted is ambiguous and may be breached inadvertently. Members have suggested that the provision should clearly require that the incitement conduct be specified with an intent to manipulate and undermine the election. However, the Administration has advised that it would be very difficult for enforcement in practice to prove that a person has the intent of "manipulating and undermining the election" while inciting another person not to vote or to cast an invalid vote by public activity. The Administration considers that if this offence requires the prosecution to prove an intent to "manipulate and undermine the election", it is likely to indirectly prevent the Government from effectively regulating electoral activities in accordance with the amended Annexes I and II to the Basic Law. The Administration does not therefore propose to specify the relevant intent in the provision. The Administration has also explained that "incite" in the proposed provision should be interpreted in accordance with common law principles and therefore it already includes the need to prove the relevant mens rea in the form of a specific intent to bring about the conduct and outcome incited. Furthermore, the proposed provision would allow a defendant to plead lawful authority or reasonable excuse as a defence. Overall speaking, the Administration considers that the existing provision adequately addresses the concerns raised by members and strikes a reasonable balance.

Members have raised enquiries on the definition of "activity in public" in the proposed new section 27A(5). Members have expressed concerns over the broad meaning of the expression "activity in public". The Administration has 6300 LEGISLATIVE COUNCIL ― 26 May 2021 explained that there is a high threshold for the conviction of a criminal offence in court and, as far as the proposed new section 27A is concerned, the prosecution has to prove with evidence that an activity constitutes the illegal conduct in the proposed section 27A(1) having regard to all relevant circumstances of the case.

The Bill also proposes that Presiding Officers ("PROs") be empowered to set up a special queue in elections for electors aged 70 or above, pregnant women, and persons who are unable to queue for a long time or have difficulty in queuing due to illness, injury, disability or dependence on mobility aids. Regarding persons aged below 70 who have physical difficulties to wait in queues, the Administration has advised that these persons may also appeal to PRO of a polling booth to demonstrate their physical needs to use the priority queue. Members in general support the proposal.

In addition, to ensure the securing of venues as polling stations that are most convenient to electors, the Administration proposes that the Chief Electoral Officer ("CEO") be empowered to require schools and non-governmental organizations receiving grants from the Government to make available their premises for use as polling stations and counting stations in elections, and to impose a financial penalty of $10,000 against non-compliance. However, members consider that the proposed financial penalty of $10,000 is grossly inadequate to achieve any deterrent effect. In response to members' views, the Administration has proposed amendments to the Bill so as to increase the proposed financial penalty to $50,000 for enhancing the deterrent effect of the penalty. On the other hand, CEO shall pay to the occupier or owner a user fee if the occupier or owner complies with the requirements of CEO by making available the premises for use as a polling and counting station. Having regard to members' views on the proposed new provisions concerning the user fee, the Administration also proposes to make appropriate amendments to the provisions to set out the arrangements more clearly.

Deputy President, the above is my report on the work of the Bills Committee. I will now make a personal statement on the Bill. Deputy President, the Central Authorities took actions to improve the electoral system of Hong Kong, i.e. NPC made the Decision while NPCSC amended the two Annexes to the Basic Law on the methods for selecting CE and forming LegCo. The actions were taken in response to the fact that the original electoral system of Hong Kong was used by persons with an ulterior motive as a platform to carry out anti-China and destabilizing activities. In doing so, they may enter LegCo LEGISLATIVE COUNCIL ― 26 May 2021 6301 and paralyse the operation of the legislature, thereby obstructing the law-based administration of the HKSAR Government. In an attempt to obtain a majority in the legislature so as to step further to grab the power to administer Hong Kong, they even merged with anti-China and destabilizing forces outside the legislature to fuel the "black-clad riots" in 2019, which was dubbed the Hong Kong-version Colour Revolution. It not only dealt a direct blow to the rule of law, governance, democracy, freedom, prosperity and stability of Hong Kong, but also posed an unprecedented threat to national security. The Central Authorities decisively turned the crisis into an opportunity for Hong Kong at the national level, first by introducing the Hong Kong National Security Law and then by improving the electoral system of Hong Kong, so as to rectify the fundamentals of the system and set things right. Only in so doing can the sound and sustained implementation of "one country, two systems" be guaranteed, and the long-term prosperity and stability of Hong Kong be strongly safeguarded.

When this Council examines the Bill, the most crucial thing is to ensure that the principles and spirit of this improved electoral system could be fully and faithfully put into practice in the specific arrangements for the system. To put it simply, we must stay true to our aspiration in implementing "one country, two systems", and must fully implement the principle of "patriots administering Hong Kong" to safeguard the sovereignty, security and development interests of the country as well as the long-term prosperity and stability of Hong Kong. It not only serves to plug the loopholes, and to prevent and stop foreign forces from using Hong Kong to wreak havoc, but also aims to synthesize a new democratic electoral system suited to Hong Kong's actual situation and with Hong Kong characteristics. By rationalizing the relationship between the executive and the legislature, as well as improving the governance efficacy of the HKSAR Government, favourable conditions are created to achieve good governance and perpetual stability for Hong Kong.

From the joint signatures of over 2.38 million people and the findings of the relevant public opinion polls, it can be seen that the mainstream public opinion in Hong Kong supports improving the electoral system, so as to lift Hong Kong from the political quagmire that Hong Kong has been drawn into for years, and to refocus on improving the economy and people's livelihood. Both LegCo Members and the public were enthusiastic in putting forward various proposals at meetings of the Bills Committee because we all shared a common desire, i.e. improving the electoral system and putting Hong Kong's political system back on the right track.

6302 LEGISLATIVE COUNCIL ― 26 May 2021

For example, the establishment of CERC aims to establish a more comprehensive mechanism to review the qualifications of candidates in EC, CE and LegCo elections, so as to prevent any anti-China and destabilizing elements from entering the governance structure of HKSAR through the loopholes in the electoral system. By reconstituting EC and updating the composition of LegCo, broad representativeness and balanced participation can be better ensured, the limitations posed by the interests of individual sectors, districts or bodies can be removed, the trend of migrating to radical politics can be reverted, and the overall interests of the Hong Kong society can be better safeguarded. As EC is empowered to nominate and elect CE and LegCo Members, the sharing of the same electorate is conducive to enhancing the smooth communication between the executive and the legislature, and strengthening the executive-led regime.

It is undeniable that for various reasons, some people in the community still have doubts and even reservations about these changes. I believe that instead of being driven by emotions when evaluating the improved electoral system, we should rather, based on the essence of the matter, make the most fair-minded assessment and the best decision in the overall interests of Hong Kong.

First of all, each country in the world has developed its own political model as per its history and conditions. As Hong Kong is a special administrative region established under the Constitution of the People's Republic of China, it is only natural that our administrators should love the country and love Hong Kong, and must be able to safeguard national sovereignty, security and development interests and maintain the long-term prosperity and stability of Hong Kong. Since the anti-China and destabilizing elements have, by exploiting the past electoral system, impeded the development of Hong Kong with radical and confrontational political strategies for a long time, we who love Hong Kong are morally obliged to support those solutions that aim to improve the electoral system and plug the loopholes in a targeted manner.

Understandably, it takes time for members of the public to understand and adapt to the revised electoral system. However, if they could not see the underlying meaning of these changes, and if they cling to outworn beliefs, doubt, or even resist changes, it is tantamount to self-blocking the new road to democracy that has already been opened to them.

Among the most commonly heard doubts, the loudest one relates to the reduction of directly elected seats in LegCo, but this is in fact the arrangement that best suits the current needs of rectifying past mistakes and returning to the LEGISLATIVE COUNCIL ― 26 May 2021 6303 right path. As the newly established EC, featured by broad representativeness and balanced participation, will return more LegCo seats, LegCo can better represent the interests of the community as a whole, and rectify the inadequacies inherent in the previous system under which members returned by FC and GC elections were not sufficiently representative. It will therefore prevent the recurrence of the situation where the legislature was hijacked by one single voice or dominated by industry-based or district-based interests. Those who criticize the current changes as "democratic retrogression" often look up to the United States ("the US"). Will they similarly accuse the US presidential election, in which a candidate losing the direct votes but winning the indirect elector votes may become the elected President, as "democratic retrogression"? Or do they just want to continue to use the word "democracy" to sugar-coat their "anti-China and anti-communist" activities in Hong Kong? An election is in itself a tool in a democratic system, but it can also be abused as an accomplice to the "tyranny of the majority". In the past, members in the "mutual destruction radical camp" in this Council went to great lengths to seize control of the legislature and oppose anything associated with China. In recent years, DCs have also been reduced to a hotbed of anti-government and anti-country activities. If we shy away from changes and tolerate evil acts, it would only serve as a licence for further acts of impunity.

The new electoral system seeks to help Hong Kong rectify mistakes and return to the right path, leading the community back to the principle of "balanced participation", which is not only the crucial principle embodied in the original design of the political and electoral systems of HKSAR, but also the principle that underlines the systems for selecting CE and forming LegCo. It ensures that the interests of all sectors of society are taken into account, and that the community is open, pluralistic and de-polarized. Anyone who upholds "one country, two systems", loves the country and loves Hong Kong, regardless of the political spectrum to which one belongs, can exercise the right to vote and the right to stand for elections in accordance with the law. We may then work together towards the ultimate goal of electing CE and all LegCo Members by universal suffrage as enshrined in the Basic Law. Therefore, the Bill today is crucial to the future of HKSAR and deserves the support of everyone who is genuinely committed to the good of Hong Kong and upholds "one country, two systems".

With these remarks, Deputy President, I support the Second Reading of the Bill.

6304 LEGISLATIVE COUNCIL ― 26 May 2021

IR DR LO WAI-KWOK (in Cantonese): Deputy President, the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") seeks to amend the formation of the Election Committee ("EC"), the methods for selecting the Chief Executive and for the formation of the Legislative Council in accordance with Annexes I and II to the Basic Law, and to provide for related matters, including the introduction of the requirement to sign a statutory declaration and a written oath as a prerequisite for being a member of EC, and to add a new provision to prohibit any person from wilfully obstructing another person from voting at an election and inciting another person not to vote, or to cast an invalid vote, and so on.

Deputy President, on 11 March 2021, the National People's Congress ("NPC") made the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region ("the Decision") and authorized the Standing Committee of NPC ("NPCSC") to amend Annex I to the Basic Law on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region ("HKSAR") and Annex II to the Basic Law on Method for the Formation of the Legislative Council of HKSAR and Its Voting Procedures. On 30 March 2021, NPCSC unanimously passed the newly amended Annexes I and II to the Basic Law to formulate specific proposals for further improving the electoral system of Hong Kong. The relevant proposals have responded to the mainstream aspiration of the community to "seek stability and pursue development" in the aftermath of the great disorder experienced by the Hong Kong society, providing irrefutable legal basis at the national level to plug the loopholes in the elections of Hong Kong, secure national safety and end the political chaos in Hong Kong.

The newly amended Annexes I and II to the Basic Law is a crucial step in constituting a new democratic electoral system that suits the actual situation in Hong Kong and has Hong Kong characteristics, which has great significance and far-reaching implications on the implementation of "one country, two systems". By reconstituting and granting authority to EC, the Bill further enhances the broad representation and balanced participation in elections. The size of EC will be expanded to 1 500 members from five sectors by bringing in representatives from grass roots and national organizations in order to give regard to the aspirations of all walks of life, so that EC is in a better position to safeguard the overall interests of Hong Kong. At the same time, the number of seats of the Legislative Council will be increased to 90, including 40 members returned by LEGISLATIVE COUNCIL ― 26 May 2021 6305 the EC constituency ("ECC"), 30 members returned by functional constituencies, and the remaining 20 members returned by geographical constituencies through direct elections. The composition now covers representatives from more sectors and strata of society, which will be conducive to greater political participation and representativeness, and brings together the voices of various sectors in the course of policy formulation. The relatively high proportion of ECC in the Legislative Council will facilitate the checks and balances and cooperation of the executive and the legislature, which will be conducive to the actual implementation of an executive-led system. The Business and Professionals Alliance for Hong Kong ("BPA") considers that the relevant proposals will provide an institutional safeguard for the full implementation of the principle of "patriots administering Hong Kong" and restore law and order, so that Hong Kong society can get out of the political quagmire and get back on the right track as soon as possible, thus laying a good foundation for long-term prosperity and stability. I believe the mainstream society of Hong Kong and the majority of members of the public will welcome and support these proposals.

Deputy President, the scrutiny of the Bill has also reflected the healthy interactions between the executive and the legislature following the resumption of the normal state of business in the Legislative Council. According to Article 7 of the Decision, the SAR Government must, according to the amended Annexes I and II to the Basic Law, amend the relevant local legislation. Since we have to complete the local legislative exercise and conduct the three public elections in the next 12 months, the schedule is extremely tight. In view of this, the Legislative Council accepted the Chief Executive's proposal some time ago for the setting up of a subcommittee under the House Committee to first deliberate the main content of the Decision passed by NPC as well as the newly amended Annexes I and II to the Basic Law. The subcommittee held its first meeting on 26 March. When the SAR Government introduced the Bill to the Legislative Council on 14 April, the subcommittee was transformed into a Bills Committee. The committees at these two stages held 17 meetings, or 47 hours of discussion, pressing ahead at full steam, so to speak, to scrutinize the Bill in detail. Since the Bill proposes to amend eight principal Ordinances and 24 items of subsidiary legislation, covering a wide range of areas and comprising a total of 464 clauses―464 clauses, the Bills Committee has adopted a new approach, i.e. to categorize the clauses of the Bill according to the 10-add areas covered by the Bill and examine the clauses by categories. This approach is not only useful in enhancing the efficiency of the clause-by-clause examination, but can also be 6306 LEGISLATIVE COUNCIL ― 26 May 2021 adopted in the future in the scrutiny of other complex bills. The scrutiny process of the Bill is also a brainstorming process. In the light of the views and suggestions put forth by members, the authorities will propose the relevant Committee stage amendments to improve the Bill. In my view, it is only through the concerted efforts of all parties that the Second Reading of the Bill can be resumed at today's meeting, as anticipated by the authorities.

Deputy President, the contents of the Bill are not merely about the three major elections in Hong Kong but also involve extensively a large number of stakeholders in various trades and industries and districts. Therefore, following the smooth completion of the remaining scrutiny procedures at this meeting, the SAR Government should explain in detail the contents of the amendments in the Bill and their practical implications via different channels, including the mass media and the social media, as well as in collaboration with professional organizations in the business and industrial sectors and district organizations. Such work as the delineation of geographical constituency boundaries and voter registration must be dealt with thoroughly and carefully, so that the three coming major elections can be taken forward step by step in an orderly manner to achieve the best intended effect of the Bill, that is, the full realization of "patriots administering Hong Kong".

Deputy President, the improvement of the electoral system and the proper implementation of the three elections mentioned above will put an end to the endless political disputes in Hong Kong, enabling Hong Kong to get out of the political quagmire. BPA calls on all sectors of Hong Kong society to work together with one heart and one mind to reconstruct a harmonized environment for good governance, gathering prominent talents who love the country and Hong Kong to focus their efforts on pursuing development, improving people's livelihood and promoting Hong Kong's integration into the overall development of the country. This will instil long-term stability in society, enable people to live a peaceful and contented life and ensure the steadfast and successful implementation of "one country, two systems", so that Hong Kong, the Pearl of the Orient, will continue to shine brightly in the international arena.

Deputy President, with these remarks, I support the passage of the Bill and the various amendments moved by the Secretary for Constitutional and Mainland Affairs to the Bill.

LEGISLATIVE COUNCIL ― 26 May 2021 6307

MR MICHAEL TIEN (in Cantonese): Deputy President, today is a very important day in the history of elections in Hong Kong. I hope that Hong Kong can get back on the right track and set a new course from today onwards.

Since I joined the legislature in 2012, I have witnessed the opposition camp becoming more and more radical, and going more and more astray. At first, only a few Members were more radical. You may say that they were trying to grab attention or merely to catch people's eyes. Basically, as long as they had expressed themselves, the Council could still operate normally. Meanwhile, however, they seemed to have opened a Pandora's box. Subsequently, given the characteristics of our electoral system, coupled with the provocation by the Internet culture, the opposition camp had become increasingly radical. They did everything they could to get "likes" and attract votes until they went too far and could not turn back.

These days, many former Members from the opposition camp need to apply for bail. The reasons given by them and the many discussions in the community all claimed that they supported "peaceful, rational and non-violent" protesters ("PRNVs") and opposed violence. It stirred up my emotions after hearing this. If this remark had been made a few years ago, it might have been right; but a year and a half ago, did they dare to say that they were PRNVs? Did they dare to sever ties with violence? No, they did not. At that time, they were getting more and more radical. Some of them pledged to storm the legislature, fearing that they would miss out if they were slow to take action. In the final analysis, it is our electoral system that is at fault. As in all other competitions, the results are foreseeable from the rules and their enforcement. We are all familiar with football matches. If the referee is lenient in enforcing the rules from the outset, the players will just end up kicking one another rather than kicking the ball. Therefore, the referee must take action to enforce all the rules properly.

Under the old system, their competitors were actually not us from the pro-establishment camp. Instead, they competed internally for votes, and as a result, they had to compete in terms of "yellowness", aggressiveness and loudness.

Since the announcement of the reform framework by the National People's Congress, many people have asked me whether I am worried that there will be 6308 LEGISLATIVE COUNCIL ― 26 May 2021 problems with my re-election. After all, the number of seats returned by geographical constituencies through direct elections will now be reduced to 20, with each constituency returning 2 Members. My response is that this is the biggest issue other than national security since the handover of sovereignty, and so of course I should put the overall interest of society above everything else. Now that we have more channels to participate in politics, I believe I will definitely have the opportunity to continue to speak for the people in the future. Besides, before the epidemic, Hong Kong had been facing thousands of problems with land, disparity between the rich and the poor, education, industries, taxation, etc. Owing to the various reasons I mentioned just now, the Council is essentially at a standstill. Resolving these problems is far more important than my own re-election.

Therefore, Deputy President, I support the Bill, in the hope that it will enable Hong Kong to get back on the right track and start anew as soon as possible. I so submit.

MR TOMMY CHEUNG (in Cantonese): Deputy President, I speak in support of the Second Reading of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill").

After the National People's Congress passed the Draft Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region to amend the electoral system in Hong Kong at its meeting in early March, the Legislative Council subsequently discussed the policy intent of the draft in the subcommittee at the end of March and formed the Bills Committee in April. The Bill resumes Second Reading at the Legislative Council today. For that I have to praise the Administration, the legislature and the Law Draftsman of the Department of Justice for their hard work.

Under the new mechanism, the number of seats in the Legislative Council will be increased to 90, of which 20 seats to be returned by geographical constituencies ("GCs") through direct elections, 30 seats to be returned by functional constituencies ("FCs") and 40 seats to be returned by the Election Committee ("EC") constituency. I think this change in the proportion can render the Legislative Council seats more broadly representative.

LEGISLATIVE COUNCIL ― 26 May 2021 6309

Deputy President, all four Legislative Council Members from the Liberal Party are returned by FC. There have been discussions on the abolition or otherwise of FC in the past. More than a decade ago, a colleague of the pan-democratic camp has asked me to run in GC direct election. He said, "Tommy CHEUNG, you can win if you run in the direct election." At that time I said, "I think I will win too, but I will not give up the catering FC that brought me up." It is because my political career is not about winning or losing or becoming a Member. Instead, I think I should help create a good business environment for the catering industry.

FC serves to focus on voicing out for a particular sector. Hong Kong is a pluralistic society where every sector has its own specific concerns that outsiders may not fully understand. For example, during the epidemic last year, the catering sector was the first to be hit by the social gathering restriction, evening dine-in ban and even full-day dine-in ban. On behalf of the sector, I have been urging the Government to strike a balance between anti-epidemic measures and the economy while fighting for an appropriate compensation. I have heard complaints from other sectors that no one was voicing out for them under the epidemic. This precisely reflects the importance of FC. Sectoral representatives can voice out their opinions for the Government's consideration in formulating policies. Therefore, the addition of EC seats in the Legislative Council can definitely make up for the lack of representation of some sectors, thereby rendering the seats more broadly representative.

Deputy President, every political party has its own views on political reform, but if it really works for the betterment of Hong Kong, it would not want Hong Kong to stagnate. In fact, when 10 seats, including five "super District Council seats", were added in 2012, the Liberal Party was not quite happy with the arrangement too because it would dilute the uniqueness of FC. We opined that "super District Council" was exactly the same as direct elections and could not serve the functions of FC. Nevertheless, the Liberal Party still voted in support of it because we had the overall interests in mind. We did not want Hong Kong to stagnate and supported the idea of having more Members working in the Legislative Council. Ironically, those who put Hong Kong's democracy development into reverse gear were actually the pan-democratic camp which claimed to fight for democracy. Everyone will understand what they have done when I talk about the incident in 2016 later on.

6310 LEGISLATIVE COUNCIL ― 26 May 2021

Some people criticized this proposal to improve the electoral system with fallacious remarks. They misled the public with nothing but slogans. I must set the record straight here. We came to the current situation for a reason. Deputy President, let me recap some history. As I have said just now, under the political reform proposal in 2015, all eligible voters in Hong Kong could elect the Chief Executive by "one person, one vote" among two to three candidates nominated by the Nominating Committee. However, the proposal was voted down by the pan-democratic camp which claimed to fight for democracy. The development of democracy in Hong Kong has always been a gradual and orderly process. We cannot expect to reach heaven in a single bound. The pan-democratic camp should have accepted that political reform proposal without any hesitation to progressively achieve democracy as they claimed. However, they did not take the big picture into consideration and forbid Hong Kong to move forward. Instead, they wanted to achieve the goal, implement universal suffrage and abolish all FCs in one step, or else they would reject any proposal. Subsequently, the five Members of the Liberal Party voted for the proposal while all pan-democratic Members voted against it. Because of that, we have lost the opportunity to move forward and elect the Chief Executive. In recent years, they have raised the "five demands". Frankly, there will be "six demands" after "five demands" and "ten demands" after "six demands". I think the pan-democratic camp … I have been working with them for a long time. Some of them I have been working with for a short period of time. They are indeed insatiable. In any case, they always have to take sides against the central government and the SAR Government and go for mutual destruction, instead of seeking a win-win solution.

It is important to ensure "patriots administering Hong Kong", especially after experiencing the violence in the Council in recent years. Our colleagues here should have strong feelings about this. Members of the Liberal Party have always had a political goal, and that is, to create a good business environment for the industries and the entire business sector as a whole. However, "non-patriots" and elements that plague Hong Kong have been hindering the development of Hong Kong. Looking back at the opposition against national education in 2012 and the illegal Occupy Central movement in 2014, Hong Kong has begun to move towards the lack of governance efficiency since then. Some "political swindlers" opposed the Government on every front merely for canvassing votes. They did not have to be rational or reasonable. All they had to do was opposing everything and overturning all government measures that benefit the public, in order to make people's lives difficult so as to facilitate their revolution.

LEGISLATIVE COUNCIL ― 26 May 2021 6311

For instance, when serving as the Chairman of the Finance Committee in the past, I have witnessed Members moving more than a thousand motions under paragraph 37A of the Finance Committee Procedure to stage a filibuster in opposition to the increase of the Old Age Allowance. Another example is the reform of the Medical Council of Hong Kong a few years ago and what was it about? It sought to add four lay members into the council comprised of 24 medical practitioners. Eventually, the number of lay members was increased to eight only. The effort to handle cases of misconduct of medical practitioners was hindered by filibuster. All benevolent policies of the Government have been impeded by the pan-politicized atmosphere in the Council and the general public are actually the ones to suffer.

That, coupled with the "black-clad violence" incident in the year before last, politics were put above everything, even the law, in Hong Kong. Some members of the catering and retail industries were vandalized because of different political stances. People did not dare to go out to spend money. The "black-clad violence" destroyed the business environment and caused huge loss to the industries. Yet, at that time, some self-claimed Members actually took the lead to support these illegal acts. If we let this group of people stay in the structure, the appalling situation would only continue and more young people in Hong Kong would have taken a road of no return.

Hence, Deputy President, the improvements to the electoral system this time is a great leap forward for the administration of the Government and the efficiency of the Legislative Council. It is an important piece of legislation for the sustained prosperity and stability of Hong Kong. Hong Kong has suffered badly from the "black-clad violence" incident. The "mutual destruction camp" kept mobilizing violence in the Council to procrastinate the chairman election, abusing the point of order and even resorting to physical violence, leaving the entire Council in a paralysed state and unable to scrutinize policies beneficial to people's livelihood. Hong Kong can no longer afford such violence and the public cannot tolerate any longer the elements that bring harm to Hong Kong staying in the structure to wreak havoc.

Deputy President, as a matter of fact, no place in the world would allow unpatriotic people to administer their country or region. Unfortunately, after the handover of Hong Kong, some people could set another person with different opinion on fire by brandishing the freedom of speech; they could preach information harmful to the country on campus by demanding academic freedom; 6312 LEGISLATIVE COUNCIL ― 26 May 2021 they could care about their own interests only by claiming professional autonomy. The Central Authorities had no choice but to settle the chaos this time. By allowing only patriots to join the political structure, it ensures that the above mentioned chaos will not happen again, benevolent policies of the Government can be implemented smoothly, and livelihood and economic activities will no longer be destroyed by "black-clad violence". It is definitely bringing things back to order.

Deputy President, coming to this point where we have to specify "patriots administering Hong Kong" is actually quite sad because it is obviously very basic. But Hong Kong has gone astray after the handover. Due to the bombs left behind by the British government, elements that plague Hong Kong have been poisoning Hong Kong non-stop. That, coupled with Hong Kong people's lack of understanding of the country, made them willing to destroy even their own city and place of residence. I hope Hong Kong people will come to their senses and stop the mutual destruction.

Deputy President, I speak in support of the Second Reading of the above mentioned Bill, and together with colleagues of the establishment camp, we will take this opportunity of improving the system to work hard to make up for the time wasted in the past and restore the economy as soon as possible. I so submit.

MR TONY TSE (in Cantonese): Deputy President, the political environment in Hong Kong after the handover of sovereignty―especially since the unlawful Occupy Central movement in 2014―has seen four major kinds of chaos. The first kind of chaos is the unlawful and unconstitutional separatist activities of "Hong Kong independence". Some former Members of the Legislative Council, both inside and outside the legislature, blatantly supported and incited others to engage in "Hong Kong independence", self-determination and referendums, in an attempt to separate Hong Kong from China and reduce it to a political puppet of external anti-China forces.

The second kind of chaos is "black-clad violence". Some politicians connived at, harboured and even encouraged rioters' acts of barricading the streets, committing arson and destruction, and storming and occupying the Legislative Council Complex to paralyse the operation of the legislature, rendering the rule of law non-existent.

LEGISLATIVE COUNCIL ― 26 May 2021 6313

The third kind of chaos is filibustering. In order to obstruct the Government's administration and undermine its credibility of governance, Members of the "mutual destruction camp" filibustered unreasonably against various government bills, measures, works projects, funding applications, etc., which seriously ruined the livelihood and economic development of Hong Kong.

The last―and in my opinion the most outrageous―kind of political chaos is the betrayal of our own country and our compatriots. Some politicians from the "mutual destruction camp" in Hong Kong blatantly colluded with external anti-China forces and even went abroad in person to beg foreign countries to sanction Hong Kong and China, thus embroiling the well-being of over 7 million people in Hong Kong and 1.4 billion people in the country in "mutual destruction".

All kinds of chaos mentioned above, to a certain extent, stem from the loopholes in Hong Kong's electoral system, which allows some anti-China disruptors who do not support the handover of Hong Kong's sovereignty, do not abide by and respect the Constitution and the Basic Law, and even do not recognize themselves as Chinese to join the Legislative Council and other institutions with public power through elections and wantonly abuse the public power, thereby undermining the prosperity and stability of Hong Kong and jeopardizing national security, sovereignty and development interests.

Deputy President, the Central Authorities have taken decisive and resolute actions on three occasions in the past year to assist the Special Administrative Region ("SAR") in eliminating the aforementioned political chaos. Firstly, the Hong Kong National Security Law was enacted in June last year, putting an end to violence and disorder in Hong Kong society, bringing Hong Kong from chaos to governance, and effectively combating activities of "Hong Kong independence", "black-clad violence" and collusion with external forces.

The second action is the decision of the Standing Committee of the National People's Congress ("NPCSC") in November last year to expel from the legislature Members of the "mutual destruction camp" who violated the requirements of upholding the Basic Law and pledging allegiance to SAR.

Thirdly, the National People's Congress ("NPC") passed a decision on improving the electoral system in Hong Kong on 11 March this year, coupled with the amendments made by NPCSC to Annexes I and II of the Basic Law, to plug the loopholes in the elections of the Chief Executive, the Election 6314 LEGISLATIVE COUNCIL ― 26 May 2021

Committee ("EC") and the Legislative Council of SAR. The Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"), of which the Second Reading is resumed today, is precisely to implement the relevant decisions and amendments by way of local legislation, so as to comprehensive implementation of the principle of "patriots administering Hong Kong".

Some people have queried that this legislative exercise would sabotage "one country, two systems", deprive Hong Kong people of the right to vote and the right to stand for election, turn the Legislative Council into a "one-voice chamber", and violate the promise of dual universal suffrage in the Basic Law.

The late State leader DENG Xiaoping, who first proposed the concept of "one country, two systems", already explained in public for multiple times the principle of "patriots administering Hong Kong" as early as in mid-1984―before the promulgation of the Sino-British Joint Declaration and the Basic Law―emphasizing that "patriots administering Hong Kong" is the boundary and yardstick of "one country, two systems" and "Hong Kong people administering Hong Kong". This legislative exercise is only to re-establish this basic principle which has been forgotten or deliberately ignored by some people, so as to put the constitutional development of SAR back on the right track and to clear up the root of the problem, rather than adding new requirements.

The Director of the Hong Kong and Macao Affairs Office, Mr XIA Baolong, has made it very clear that improving the electoral system is not the same as having "all of the same suit". The definition of "patriots administering Hong Kong" is very simple, i.e. love the Motherland, love Hong Kong, respect one's own nation, sincerely support the resumption of the country's sovereignty over Hong Kong, and not to do anything to undermine the interests of the Motherland or the prosperity and stability of Hong Kong.

As long as the above basic requirements are met, Hong Kong politicians can continue to criticize the Government's administration, oppose and negative bills and funding applications that they consider not the best and not in the interest of the public. If some politicians cannot even meet such a simple requirement of patriotism and love for Hong Kong, then it is perfectly reasonable and necessary to exclude such people who harm the interests of Hong Kong and the country from SAR's governance system and electoral system. Only in such way can the principle of "Hong Kong people administering Hong Kong" be accurately implemented and the sound and sustained implementation of "one country, two systems" be secured. LEGISLATIVE COUNCIL ― 26 May 2021 6315

On universal suffrage, the Basic Law stipulates that the ultimate aim is the implementation of dual universal suffrage for the Chief Executive and the Legislative Council in the light of the actual situation in Hong Kong and in accordance with the principle of gradual and orderly progress. The NPC decision and the amendments made by NPCSC have not changed the goal of dual universal suffrage as stipulated in the Basic Law. On the contrary, it is the political chaos having occurred in Hong Kong in recent years that has jeopardized the achievement of the goal of dual universal suffrage. It is therefore necessary to introduce legislative amendments to restore law and order.

In fact, NPCSC passed a decision as early as in 2007 that Hong Kong could implement universal suffrage for the Chief Executive in 2017. The 31 August Decision in 2014 further gave specific approvals and requirements for the selection of the Chief Executive by universal suffrage. Regrettably, the "mutual destruction camp" insisted on the unlawful and unconstitutional civil nomination and launched an occupation campaign in an attempt to intimidate the Central Authorities. They also negatived the political reform proposal, resulting in the failure of achieving universal suffrage for the Chief Executive in 2017 and the indefinite delay of universal suffrage for the Legislative Council. Therefore, it is precisely the "mutual destruction camp" which has sabotaged "one country, two systems", deprived Hong Kong people of their right to vote and impeded the progress of democracy in Hong Kong.

Deputy President, I fully support the principal directions and main proposals of the Bill, but some members of the industry and I do have some views on the details of individual provisions, especially the methods for returning the seats of the architectural, surveying, planning and landscape subsector in the Legislative Council and EC. However, in this speech I would like to first point out a few issues that have not been directly addressed by this amendment exercise.

Firstly, NPC's 11 March Decision has laid down five major principles for improving Hong Kong's electoral system, one of which is to effectively improve the governance efficacy of SAR. Improving the methods for the selection of the Chief Executive, and the formation of EC and the Legislative Council will help remove the negative factors hindering the effective governance of SAR. However, in order to effectively improve governance efficacy, it must start with the Executive Authorities and the governing team, including the Chief Executive, principal officials and all civil servants. Therefore, it is imperative and 6316 LEGISLATIVE COUNCIL ― 26 May 2021 important to speed up the optimization of the public sector system to get rid of the image held by the public that the Government is "slow" to do things and "shirk" from doing things.

President XI Jinping stressed that persons holding public office must firmly uphold their ideals and beliefs, equip themselves with the latest knowledge and concepts, have perfect mastery of various skills, and consciously think and act with the overall picture of the country in mind, as well as establishing a sound incentive mechanism and steering it towards the right direction of promoting the capable, rewarding the outstanding, demoting the incapable and eliminating the underperforming, so as to shoulder responsibility for those who reform and those who take charge. I hope the SAR Government will be able to do so.

In addition, to ensure the sound and sustained implementation of "one country, two systems" and the long-term stability and safety of Hong Kong, there has to be a time to start solving a number of deep-seated problems (including land and housing problems, education problems, youth problems, public opinions and government propaganda), which have been sown since the handover of sovereignty, as well as the emergence of fake information and news on the Internet in recent years―rightly as Vice-Premier HAN Zheng has pointed out―regardless of how difficult it will be. The Government must solve these problems decisively, effectively and expeditiously.

With these remarks, Deputy President, I support the Second Reading of the Bill.

MR LAU KWOK-FAN (in Cantonese): Deputy President, I welcome and support the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"). On 11 March, the National People's Congress ("NPC") adopted the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region ("HKSAR") ("the Decision"). On 30 March, the Standing Committee of NPC ("NPCSC") passed the amended Annex 1 to the Basic Law on Method for the Selection of the Chief Executive of HKSAR and Annex II on Method for the Formation of the Legislative Council of HKSAR and Its Voting Procedures. This is the second time that the Central Authorities have improved the electoral system of HKSAR at the constitutional level after the introduction of the Hong Kong National Security Law, and has comprehensively filled the loopholes and shortcomings of the electoral system in Hong Kong. LEGISLATIVE COUNCIL ― 26 May 2021 6317

Structural improvements have been made to Hong Kong's electoral system, which means that the principle of "patriots administering Hong Kong" has an important institutional safeguard.

In fact, Hong Kong is a local administrative region under the People's Republic of China which enjoys a high degree of autonomy and its political structure is the prerogative of the Central Authorities. Over the past 24 years since the handover, the SAR has been practising "one country, two systems", "Hong Kong people administering Hong Kong" and "a high degree of autonomy", and is the envy of the Mainland and the international community. However, due to inadequate national education after the handover, and the fact that some local and external forces with ulterior motives have taken the opportunity to stir up anti-China sentiments, some hidden troubles have been planted for "one country, two systems". Since the handover, there have been a number of disturbances in Hong Kong, including the anti-national education incident in 2012, the Occupy Central movement in 2014, the Mong Kok riots in 2016 and the riots arising from the opposition to the proposed legislative amendments in 2019. Most importantly, apart from stirring up social unrest from the outside, anti-China disruptors have also entered the political system of SAR through the electoral system, making use of their status as public officers to wreak havoc and paralyse the administration of the government, thus posing an extremely significant security threat to the political system of SAR, which will in turn threaten the sovereignty, security and development interests of the country.

Therefore, this time around, NPCSC has to set up a robust electoral system for Hong Kong, to be followed by local legislation, and I am very supportive of it. In fact, the whole process is constitutional, legal, sensible and reasonable. First of all, from the perspective of constitutionality, Article 31 of the Constitution of the People's Republic of China ("the Constitution") stipulates that "the State may establish special administrative regions when necessary" and that "the systems to be instituted in special administrative regions shall be prescribed by law enacted by NPC in the light of specific conditions". Articles 62(2), (14) and (16) of the Constitution also stipulate that NPC has certain functions and powers to oversee the enforcement of the Constitution, to decide on the establishment of special administrative regions and the systems to be instituted there, and that these functions and powers shall be exercised by the highest organ of state power. All these provisions clearly state that NPC constitutionally exercises overall jurisdiction over SAR after the Central Authorities have fully considered the situation of Hong Kong, which is constitutional.

6318 LEGISLATIVE COUNCIL ― 26 May 2021

In terms of legality, the Constitution is the foundation of SAR and the Basic Law was adopted by NPC as a national law in accordance with Article 31 and Article 62(14) of the Constitution. The Basic Law provides solid institutional safeguards for the implementation of "one country, two systems" and the maintenance of the prosperity and stability of SAR. NPCSC has the authority to interpret the Basic Law, to monitor the implementation of the Basic Law, and to handle any constitutional problems arising from the implementation of the Basic Law. It is legal for NPCSC to pass the amended Annex I and Annex II of the Basic Law and for the SAR Government to amend the relevant local laws so that the regulation of electoral activities is in line with the rule of law. The compliance with constitutionality and legality has made it clear to many people who keep smearing or slandering the Bill or continue to disseminate false information that this legislative exercise indeed has enough legal backing. I hope those people who are making false claims will stop doing so.

As far as sense and reason are concerned, I believe that all Hong Kong people have seen things clearly in the past two years. In respect of sense, although the sovereignty has been returned a long time ago, national education in Hong Kong is inadequate. Many people may not have a good understanding of the country and the Mainland. Certain biased media may even cause people to have some prejudices or biases. We can see that in fact, the relevant Bill should be discussed, and even if it was withdrawn in the end, did the social unrest and the "black-clad violence" stop following the withdrawal of that Bill? It seems not but had intensified instead. Lawless acts such as assaulting and setting fire on other people on the street escalated. Many people told me that sometimes they dared not speak up in the face of the threat of violence, and they worried that even if they talked about this with their friends, they would be doxxed and bullied online. This kind of life is actually … They said they had had enough.

After the implementation of the Hong Kong National Security Law, members of the public feel very much at ease. However, if there is only the Hong Kong National Security Law, those anti-China forces can still bring down the administration of the Government in the Legislative Council, and they will use some platforms to continue to smear Hong Kong and "bad-mouth" the Central Authorities. There are many examples. Some Members of the Legislative Council asked foreign countries to impose sanctions on Hong Kong. Unexpectedly, actions being detrimental to the interests of Hong Kong and the Central Authorities were proposed by Members of the Legislative Council of Hong Kong. LEGISLATIVE COUNCIL ― 26 May 2021 6319

Apart from the Hong Kong National Security Law, we also need to have protection, that is, institutional protection, which comes from improving the electoral system. Therefore, it is a sensible approach. From the perspective of reasonableness, Hong Kong will have three important elections, namely the Election Committee, Legislative Council and Chief Executive Elections. If we do not make efforts at this time for the long-term stability of Hong Kong, as well as the steadfast and successful implementation of "one country, two systems", it is really, frankly speaking, unreasonable. As we have seen so many chaos in the past two years, it is unreasonable not to plug the loopholes and set things right now. This is precisely why we have to improve the electoral system at this juncture. We hope that we can stop anti-China disruptors from causing chaos to the system in Hong Kong through this Council or through the electoral system, which will undermine our legislature and obstruct the administration of the Government.

We can see that the entire Bill is constitutional, legal, sensible and reasonable. Of course, does it mean that after the implementation of the Hong Kong National Security Law and the improvement of the electoral system, Hong Kong will be at peace, the economy will continue to grow and the livelihood issues can be completely solved? This is not necessarily the case. Why? Because … But this step is indispensable. Without this step, we will continue to endure internal political conflicts and delays, and we will not be able to take the next step and focus on Hong Kong's livelihood and economy. However, after implementing the Hong Kong National Security Law and improving the electoral system, the next step to take is to look at the civil service in the Hong Kong Government. It seems that the system of the Government has for some time … It seems that the system has certain shortcomings and deficiencies, and there appears to be some room for improvement in terms of training, awareness or philosophy. I hope that through the future legislative work to improve the electoral system in Hong Kong, patriots with moral integrity and ability will be elected into the governing structure so that the government team can be gradually enhanced or reformed. The executive-led system can then be truly implemented, thereby enabling the SAR Government to concentrate on improving people's livelihood and the economy of Hong Kong.

Deputy President, with these remarks, I support the Bill.

6320 LEGISLATIVE COUNCIL ― 26 May 2021

MR YIU SI-WING (in Cantonese): Deputy President, Hong Kong can leverage on the Mainland as our hinterland and engage ourselves globally under the principle of "one country, two systems". We can enjoy the foundation of rule of law under common law as safeguarded by the Basic Law, and we have a number of clear and transparent systems, thereby enabling Hong Kong to continue to be a leading international financial and commercial centre, as well as the best tourist destination. Being the cornerstone of Hong Kong, the rule of law not only offers protection for individuals and organizations, but it also creates a level playing field for the business sector. Yet, the rule of law in Hong Kong has been under challenge in recent years. Since the Occupy Central movement in 2014, politicians from the "mutual destruction camp" have glorified violence openly, advocated publicly that "a criminal record makes life more wonderful". They instilled misconceptions into the young people to poison them. During the incident arising from the proposed legislative amendments in 2019, quite a number of people with legal background incited violent sentiments and promoted the so-called "breaking the law to achieve justice". As a result, unlawful acts of "black-clad violence" inflicting damage on society, etc. became out of control.

Hong Kong is a renowned international city with a strong focus on service industries. Be it financial services, professional services, tourism, retail, food and beverage, or transportation, all of these require dealing with people. Being humble and accommodating is the key to our past success. We would try our best to convince other people with different viewpoints by reasoning, such that people from different backgrounds can get along with others harmoniously.

However, during the disturbances arising from the proposed legislative amendments, many of those from the opposition camp have apparently turned themselves into the "mutual destruction camp" under the influence of the ideology of "Hong Kong independence". Not only did they travel abroad to solicit foreign influence to interfere in the domestic affairs of Hong Kong, but also committed unlawful and violent acts to beat up, smash and set fire on people and shops holding different political views. People would also be doxxed and subject to personal attack if they express different political views, which is an attempt to silence them. This is because those people believe in "breaking the law to achieve justice" and they would achieve their goals by hook or by crook. It makes us, Hong Kong people born and raised in Hong Kong and who have been living in Hong Kong for decades, suddenly find Hong Kong a very strange place. Especially in the second half of the year before last, it seemed that we were in a lawless place, we were always on tenterhooks and had no idea about LEGISLATIVE COUNCIL ― 26 May 2021 6321 how we could spend our days in the future. At that time, all of us could see that the SAR Government was unable to do anything. Fortunately, the State stepped in and the Standing Committee of the National People's Congress ("NPCSC") passed the Hong Kong National Security Law on 30 June last year, enabling law enforcement agencies to institute prosecution for the offences of subversion and endangering national security in accordance with the Hong Kong National Security Law. As a result, those from the "mutual destruction camp" who oppose the Central Authorities and cause disturbance to Hong Kong have either been charged for prosecution or absconded to other countries. The Hong Kong society has quickly resumed normal and stable. However, the Central Authorities also realize that this is only temporary, and that it is necessary to implement the principle of "patriots administering Hong Kong" in order to ensure the long-term stability and safety of Hong Kong. Therefore, NPCSC passed the amendments to Annexes I and II to the Basic Law to fully implement the principle of "patriots administering Hong Kong", resulting in the need to improve the existing electoral system. I believe that this legislative exercise will bring about several positive implications in the following aspects.

In the first place, it is conducive to the continuous implementation of "one country, two systems". Over the past 20-odd years since Hong Kong's return of sovereignty, the Central Authorities have once adopted a rather tolerant policy towards Hong Kong by allowing different political spectrums to exist under the principle of "one country, two systems". Yet, the opposition camp colluded with foreign forces in an organized and planned manner, and took advantage of the leniency of the Central Authorities to groom their agents to join the Election Committee ("EC"), the Legislative Council, the District Councils and the civil service through various channels. They promoted misconceptions through different channels, such as the media and schools, in a bid to stir up chaos in Hong Kong. In the end, they even blatantly targeted to occupy EC and the Legislative Council and attempted to seize the jurisdiction over Hong Kong through the election of the Chief Executive. This is intolerable to the State.

By improving the electoral system in this exercise to make clear the principle of "patriots administering Hong Kong", it can be guaranteed that all of those who enter the governing system are patriots and supporters of the "one country, two systems" principle. Only under "one country" can Hong Kong people enjoy the advantages of "two systems" and focus on economic development and improving people's livelihood. The democratic development of Hong Kong can then be put on the right track.

6322 LEGISLATIVE COUNCIL ― 26 May 2021

Second, it is conducive to the balanced participation of all social strata. Given that the number of EC members will increase from 1 200 to 1 500, new subsectors such as small and medium enterprises, grassroots associations, associations of Chinese fellow townsmen, associations of Hong Kong residents in the Mainland, and representatives of Hong Kong members of relevant national organizations, etc. will be created in the EC constituency in this amendment exercise, thus further expanding the coverage of EC. Moreover, the number of seats in the Legislative Council will also increase from 70 to 90. Seats returned by EC will be created while a certain number of seats returned by direct elections and functional constituencies will be maintained. In the future, the Legislative Council can better represent the voices of different social strata and express their views from different perspectives during the process of political discussion and deliberation. This can avoid excessive populism and will, therefore, enhance the effectiveness of the Government in policy administration.

Third, it is conducive to the return to political reality and rational participation in politics. In the past few years, amidst the radical political atmosphere created by the opposition camp, many young people had the misconception that when participating in politics, they could move up the ladder quickly and reap political dividends by taking part in struggles and stealing the limelight, as well as making "anti-China" remarks causing disturbance to Hong Kong on social media, and they would then be elected members of the District Councils or even the Legislative Council. The misconception that the more radical they were, the better their chances of "making themselves stand out" was gradually formed as a result. They eventually resorted to "mutual destruction" as a shortcut to political success. Under the improved electoral system, elections of EC, the Legislative Council and the Chief Executive will all be subject to proper nomination procedures. The requirements of the candidates are undoubtedly more demanding, as they are required to possess basic political ethics and qualities for political participation. If young people are interested in participating in politics, they should return to reality, be rational, have the basic national concepts and social responsibility. They should put forward constructive opinions with a more objective and broader vision, so as to become political talents who are truly visionary.

Fourth, it is conducive to economic development and the improvement of people's livelihood. Over the past 20 years, Hong Kong has taken many detours amidst political disputes. Even our external competitiveness has been directly affected in recent years, and we started to lag behind some Mainland cities. In LEGISLATIVE COUNCIL ― 26 May 2021 6323 the past, many Hong Kong people had blind faith in the electoral system of Western countries, believing that winning the majority of votes was tantamount to representing public opinion. Therefore, candidates can get votes as long as they know how to stir up troubles by making use of political issues, smear the Government and promote populism. Therefore, the opposition camp has made use of the media and the Legislative Council to incite anti-government sentiments in various ways, making it extremely difficult for the Government to implement its policies. The most obvious example is the most pressing land and housing problem in Hong Kong. The former Chief Executives, except Donald TSANG, have proposed some solutions, but they were all opposed by the opposition camp on various grounds, such as environmental protection, protection of the underprivileged, etc. The problem is thus leaving unresolved for a long time. But eventually, they would condemn the Government for failing to resolve the housing problem with a view to creating public discontent.

After improving the electoral system, the relationship between the executive and the legislature will get back to the right track. The Legislative Council will no longer be a blockage impeding the Government to implement development policies. Government officials can then devote more efforts in improving people's livelihood and developing the economy. Members of the Legislative Council and EC members can focus on monitoring the effectiveness of the work of officials at all levels, and provide suggestions and advice to improve policy administration. Deputy President, as long as we can interpret "one country, two systems" comprehensively and capitalize on the existing edges of Hong Kong and the Mainland, the future of Hong Kong will definitely be brighter under the development planning of the Greater Bay Area.

With these remarks, Deputy President, I support the passage of the Improving Electoral System (Consolidated Amendments) Bill 2021.

MR CHAN CHUN-YING (in Cantonese): Deputy President, I will definitely support this important Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"). I would like to start with its necessity and urgency. To put it simply, this is because the constitutional development of Hong Kong has gone astray with the "mutual destruction" forces conspiring to seize power. How should Hong Kong move forward?

6324 LEGISLATIVE COUNCIL ― 26 May 2021

The National People's Congress ("NPC") enacted the Basic Law in 1990, prescribing the implementation of "one country, two systems", "Hong Kong people administering Hong Kong" and "a high degree of autonomy" in Hong Kong. The Basic Law also came into effect upon the handover of sovereignty, and its implementation over the past 24 years has been generally successful. However, in recent years, there have been situations in Hong Kong which are extremely unfavourable for the full and faithful implementation of "one country, two systems". Radical anti-China disruptors have entered the political structure of HKSAR through the Legislative Council elections and thereby took advantage of their capacity as public officers―both inside and outside the legislature―to engage in all sorts of rampant vandalism and mudslinging or even disseminate fake news, with the intention of paralysing and bad-mouthing the Government's policy implementation, ruining people's livelihood and the economy, and stirring up public grievances to serve their own political agenda.

I believe that all my fellow colleagues of the current-term Legislative Council share my deep feelings; and as the Chief Executive has said, she is also the main victim. In particular, a series of events arising from the legislative amendments since June 2019―the rampage of "black-clad violence", the desecration of the national emblem and the national flag which symbolize the dignity of the country, the blatant collusion with foreign forces, the lobbying of Western countries to sanction Hong Kong with utter disregard for the interests of Hong Kong people, and other activities and acts―seriously undermined the constitutional order and social security of HKSAR. Subsequently, the anti-China disruptors took advantage of the loopholes in the electoral system and the atmosphere of "black-clad violence" back then to secure the majority of seats in the District Councils. They put aside discussions on livelihood issues such as district environmental hygiene and transport infrastructure, and had failed to do their job but turned the District Councils into platforms for promoting their own political ideologies or even the idea of "Hong Kong independence". This shows how important it is to have an electoral system that can select candidates who truly care for the interests of Hong Kong.

Despite the enactment of the National Security Law in June last year, the "mutual destruction camp" still planned such illegal primary election as the "35+" in an attempt to take control of the Legislative Council through elections, thereby seizing the jurisdiction of HKSAR. This posed significant security risks to the political system of HKSAR or even jeopardized national sovereignty, security and development interests. Therefore, the legislative amendments this time around that seek to improve the electoral system can really brook no delay. LEGISLATIVE COUNCIL ― 26 May 2021 6325

Following the passage of the 11 March Decision by the 13th NPC, the Standing Committee of NPC ("NPCSC") amended Annex I to the Basic Law on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and Annex II to the Basic Law on Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures by substituting the original stipulations, including the "Five-step Process" of constitutional development passed by NPCSC on 31 August 2014.

Western politicians always like to refer to the selection of the Chief Executive and Members of the Legislative Council by universal suffrage in Hong Kong as agreements under the Sino-British Joint Declaration. As a matter of fact, the Sino-British Joint Declaration only provides for two aspects: that the Chief Executive shall be selected through consultations or by elections held locally, and that the Legislative Council shall be constituted by elections. There is no mention of the ultimate goal of universal suffrage. The elections of the Chief Executive and Members of the Legislative Council by universal suffrage originate from Articles 45 and 68 of the Basic Law respectively.

Both the Central Authorities and the SAR Government have been advancing towards this goal, and this was why the "Five-step Process" of constitutional development came into being. However, the turmoil over the past few years has shown the obvious flaws and deficiencies in the existing electoral system for the Chief Executive and the Legislative Council of HKSAR. If they are not rectified in time, it will be difficult to ensure the continuous implementation of the "one country, two systems" principle. For that reason, the Central Authorities took the initiative by letting NPC take the lead in improving the electoral system of HKSAR at the constitutional level, so as to guarantee the sound and sustained implementation of "one country, two systems" as well as the long-term stability and safety of Hong Kong.

The legislative amendments this time around are aimed first at implementing the principle of "patriots administering Hong Kong". Deputy President, the governance of state affairs by patriots is a basic political ethic that applies everywhere in the world. Hence, any person who intends to stand for election as members of the Election Committee ("EC") and Members of the Legislative Council in the future will have to be reviewed and confirmed by the Candidate Eligibility Review Committee ("CERC"), which is composed of principal officials of HKSAR and members of the public. This will effectively 6326 LEGISLATIVE COUNCIL ― 26 May 2021 prevent radical anti-China disruptors from entering the political system of HKSAR through elections. Moreover, all EC members shall take an oath as the two other types of public officers do, and a mechanism for handling breach of oath will be introduced. This requirement is consistent with the statutory requirements and conditions of upholding the Basic Law and swearing allegiance to HKSAR.

Secondly, the composition of EC and the Legislative Council will be restructured to allow balanced participation of all sectors. The nomination mechanism will also be conducive to arousing greater concern among Members about the interests of various sectors of the community. The Bill presented by the Government seeks to reconstitute EC by expanding its membership from 1 200 members from four sectors previously to 1 500 members from five sectors, and to establish different methods for returning members from different subsectors. Since the handover of sovereignty, some members of the public have been only emphasizing "two systems" while losing sight of the fact that "one country" comes before "two systems". This addition of the Fifth Sector can strengthen the representation of national interests, which will facilitate EC to consider matters from the perspectives of the country and Hong Kong, and make decisions that are in the interest of the country and Hong Kong.

The number of Members returned by geographical constituencies ("GCs") through direct elections in the Legislative Council will be revised to 20, and the "double-seats, single-vote" method will be adopted. It is also laid down that 40 seats in the Legislative Council will be returned by EC by adopting the Block Vote method. Among functional constituencies ("FCs"), individual voters of nine FCs, including catering, commercial (second), textiles and garment, will be abolished to restore the original intention of establishing FCs and their industry-specific features, as well as enable balanced participation of those sectors in nominations and elections. All the above are new arrangements which will give a brand new look to the composition of the Legislative Council.

Apart from securing the nominations from the voters of GCs and FCs which they represent, Members returned by GCs through direct elections and FCs will also have to be nominated by no less than two but no more than four members from each sector of EC. This will raise the concern among Members returned by GCs through direct elections and FCs about the interests of various sectors of the Hong Kong community, so that they will discharge their duties as Members while keeping the interests of Hong Kong in mind.

LEGISLATIVE COUNCIL ― 26 May 2021 6327

To enable balanced participation of all sectors to ensure broad representation, the Bill provides for the addition of representatives from the small and medium enterprises subsector to the First Sector of EC, specifies a commercial (third) subsector to be composed of corporate members of the Hong Kong Chinese Enterprises Association, and add a new commercial (third) FC to the Legislative Council.

Deputy President, in the current-term Legislative Council, representatives from Chinese enterprises comprise only Mr YIU Si-wing from the tourism sector and me representing the financial sector, that is, only 2 out of 70 Members. Chinese enterprises are a major stakeholder in Hong Kong's economy. I think this move indeed reflects the continuous commitment and contribution of Chinese enterprises to Hong Kong over the years.

Chinese enterprises accounted for as high as 98% of the newly listed stocks in Hong Kong last year. They have expanded their presence in Hong Kong from the traditional industries such as financial, logistics, groceries and food, tourism, real estate to various fields including clothing, food, living and travel. The entry of Chinese enterprises into the political system and their participation in HKSAR's policy discussions together with various sectors of Hong Kong is in line with the principle of balanced participation of all sectors in the political affairs of HKSAR, and will also make the nominations and elections of the Chief Executive and Members of the Legislative Council more broadly representative.

On the other hand, the Bill also seeks to amend the Elections (Corrupt and Illegal Conduct) Ordinance by introducing two new offences in order to regulate acts that manipulate or undermine elections, as well as five amendments not directly related to the amendments to Annex I and Annex II to the Basic Law but conducive to the organization of fairer and more effective public elections.

Deputy President, the Bill, if passed, would plug and rectify the existing loopholes and deficiencies in the electoral system of HKSAR to ensure that it conforms to the principles of "one country, two systems" and "patriots administering Hong Kong". If the Chief Executive, EC members and Legislative Council Members elected by us are all politicians who love our country and Hong Kong and care about the people, the interaction between the executive and the legislative will take on a new dimension. Hong Kong will be able to put things right and get back on the right track, focusing more on improving people's livelihood and the economy. Then, government policies will 6328 LEGISLATIVE COUNCIL ― 26 May 2021 be able to address people's pressing needs. When Hong Kong enjoys prosperity and peace with its people living and working in contentment, we will certainly enjoy a higher degree of political freedom in accordance with the Basic Law in the future and ultimately achieve the goal of wider participation in elections at all levels.

Deputy President, I completely agree with the necessity and urgency of improving the electoral system, and am deeply convinced that the Bill can enable Hong Kong to start anew. Therefore, I will support the passage of the Second Reading of the Bill presented by the Government. As for my views on the amendments, I will rise to speak again later.

I so submit. Thank you, Deputy President.

DR PRISCILLA LEUNG (in Cantonese): Deputy President, the Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China. The 8 million Hong Kong people and the 1.4 billion people in the Mainland share a common destiny. On 30 March this year, the Standing Committee of the National People's Congress ("NPCSC") passed the amended Annexes I and II to the Basic Law, finalizing the methods for the selection of the Chief Executive and for the formation of the Election Committee ("EC") and the Legislative Council in the future. The size of EC will be expanded from 1 200 members to 1 500 members, adding the Fifth Sector comprising the representatives of Hong Kong members of relevant national organizations, while the number of seats in the Legislative Council will increase from 70 to 90. This change is regarded as another step in the implementation of "patriots administering Hong Kong" after the promulgation of the legislation on the requirements for oath-taking of public officers.

Those who are narrow-minded will focus on the details of the relevant decision of the National People's Congress ("NPC"), thinking that the reduction in the number of seats returned by geographical constituencies through direct elections and the increase in the number of seats appointed by the country is a regression in democracy. However, those with a broader perspective will focus on both "one country" and "two systems", and judge the present project on improving the electoral system in the light of the international landscape, historic positioning and actual situation of the Hong Kong Special Administrative Region ("SAR"). Anyone who is familiar with the politics and history of China and LEGISLATIVE COUNCIL ― 26 May 2021 6329 truly understands "one country, two systems" knows that only after the electoral system is improved will Hong Kong have the chance to truly achieve the goal of electing the Chief Executive by universal suffrage and successfully implement "one country, two systems". May I ask which country would be rest assured in handing over its administering authority to people who do not love their own country and nation?

I will first talk about the legal issues. The people of Hong Kong are very familiar with Article 31 of the Constitution of the People's Republic of China ("the Constitution"), but in order to understand "one country, two systems", we should also familiarize ourselves with Articles 30 and 62 of the Constitution. In the amended Annexes I and II to the Basic Law promulgated this time around, the Central Authorities have placed special emphasis on Article 62 of the Constitution, stating that the Central Authorities, i.e. NPC, are empowered to decide on the establishment of special administrative regions and the systems to be instituted there. We can see that it is constitutional, legal, sensible and reasonable for the State to improve the electoral system of Hong Kong at this historical juncture, which is also a display of responsibility and commitment. I believe that apart from ensuring the safe governance of SAR, the improvement of the electoral system also seeks to enhance the quality of politicians in the governing team of Hong Kong. One of the expected results is that moderate and rational politicians, including the rational voices in the opposition, will not be bullied or excluded by radical forces.

I joined the Legislative Council in 2008 and I witnessed the hurling of the first banana in the solemn Chamber. By 2020, nearly all members in the opposition joined the "10-step mutual destruction scheme" of Benny TAI to try to bring down the operation of the Government―Hong Kong was sick. In June 2020, the Central Authorities timely promulgated the National Security Law to restore peace in Hong Kong society. The promulgation of law to halt chaos brought immediate effect. Yet, there is still a long way to go for Hong Kong to properly implement "one country, two systems". As seen from the unlawful Occupy Central movement in 2014 and then the riots of opposition to the proposed legislative amendments in 2019, Hong Kong could become a lawless society under extreme circumstances. What is most awful is that the new generation has been brain-washed and turned into egotists who disrespect the rule of law. Democracy which only serves the interests of individuals but not the greater good is actually populism and may become very terrifying.

6330 LEGISLATIVE COUNCIL ― 26 May 2021

Prof WANG Zhenmin has pointed out that the current work on improving the electoral system is to make up for the part on "one country" under "one country, two systems". It has been 24 years since the handover of Hong Kong, yet the work in this respect has left much to be desired. One of the main principles of the amendments proposed this time around is to implement the basic step, the first step, of the Basic Law, which is "patriots administering Hong Kong" and the reinforcement of balanced participation, so that the Legislative Council will be more broadly representative.

As early as in 1990, the Chairman of the Drafting Committee for the Basic Law, JI Pengfei, said that the political structure of Hong Kong should consider the interests of the different sectors of society. In April 2004, the relevant decision of NPCSC stated clearly that any change relating to the methods for the selection of the Chief Executive and for the formation of the Legislative Council shall be compatible with the social, economic and political development of Hong Kong, enabling balanced participation of all sectors and groups of the society, and being conducive to the effective operation of the executive-led system and the long-term prosperity and stability of Hong Kong.

To the Central Authorities, they may long for calmness but the wind will not subside. It has been 31 years since the promulgation of the Basic Law. It is only natural that the economic structure and social situation in Hong Kong have changed. The world situation is unpredictable, and the opposition strived beyond all boundaries to obtain the majority seats by hook or by crook, intending to seize power to directly threaten the Central Authorities in exercising their sovereignty in Hong Kong. Even the District Councils ("DCs"), which should have focused practically on people's livelihood issues, have become highly politicized. Despite the increase in the number of elections held, the quality of services deteriorates. Even the case of an owners' corporation of a building can trigger endless disputes and heated argument till midnight. The DC elections have been seriously distorted. They no longer work for people's livelihood but for the display of the "colour of politics", which has discouraged many talents from participating in elections.

To ensure that the sovereignty of Hong Kong will not fall into the hands of the "mutual destruction camp", leaving the people of Hong Kong leading a miserable life and depriving them of peace, the Central Authorities cannot but take action to improve the electoral system of Hong Kong. I believe that upon LEGISLATIVE COUNCIL ― 26 May 2021 6331 the passage of the Bill, the patriotic camp will expand. The seats in the Legislative Council to be returned by the EC constituency ("ECC") will provide an additional channel for aspiring candidates to take part in the work of the legislature. I believe that in the future, Members of the legislature, irrespective of the channels by which they returned, should have the expertise, ability and heart to serve the public. They should be accountable to all the people of Hong Kong and subject to public scrutiny, that is, they should be "down-to-earth".

I am a Member returned by direct election. As there will be fewer directly elected seats, we will certainly have fewer chances. Yet, I believe with the abolition of the proportional representation system, the election culture will change, for candidates cannot soley rely on radical actions to get elected. I trust that future Members, be they returned by geographical constituencies through direct elections, functional constituencies or ECC, or be they members from the pro-establishment camp or the opposition, are patriots. They will definitely perform the duties of Members responsibly in monitoring the Government, giving advice and putting forth proposals to prove to the public that the implementation of "patriots administering Hong Kong" by the State will not merely ensure national security but will also enhance the quality of governance and policy discussion. Members of the public have discerning eyes. When they see improvement in people's livelihood and governance, they will surely understand that the painstaking effort made by the State in improving the electoral system this time around is to lay the foundation of prosperity and stability for the coming decades for Hong Kong, which may even secure another 50 years of "one country, two systems" for Hong Kong.

Hong Kong has all along been a place extremely treasured by the country since its handover, and it has played an important role in the course of reform and opening up of the country. To put it squarely, the most attractive characteristic of Hong Kong before the handover was not its political system under the colonial rule. The major reason the State was willing to deal with the handover issue with the "one country, two systems" approach was mainly due to Hong Kong's economic advantages, including the low tax regime and the free market system, as well as the rule of law, a civilized society and highly efficient management which Hong Kong has been proud of. The "surgery" on Hong Kong performed by the Central Authorities this time around seeks to ensure that Hong Kong can walk steadily on the path of "one country, two systems" and will not be shaken by internal rift and external intervention. Upon completion of the "surgery", we 6332 LEGISLATIVE COUNCIL ― 26 May 2021 still need to pay attention to the recovery of Hong Kong. After all, recovery does not come overnight. We should remain vigilant even in peaceful time, lest we will fall behind and be overtaken by our neighbouring cities. Hong Kong must seize this opportunity to stay true to the original aspiration in implementing the principle of "one country, two systems". We should pursue development within the framework of the Basic Law, give full play to the advantages of capitalism on the foundation of the rule of law and a civilized society, support the development blueprint of the State, resolve the deep-seated conflicts in Hong Kong, endeavour to improve people's livelihood and see clearly our position in the country, so that we can maintain Hong Kong's reputation as the "Pearl of the Orient".

Deputy President, with these remarks, I support the Second Reading.

MR JIMMY NG (in Cantonese): Today, the Legislative Council resumes the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"). This carries great significance and marks that the Bill has entered the critical and final stage of scrutiny. In the past month or so, members of the Bills Committee on Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bills Committee") pressed full steam ahead and spared no effort in completing the clause-by-clause examination of a total of 464 clauses under eight principal Ordinances and 24 items of subsidiary legislation with high quality and efficiency, thereby laying a solid foundation for the work to be completed in the remaining time today and tomorrow. I would like to express my heartfelt gratitude to them. Thank you all.

(THE PRESIDENT resumed the Chair)

In the past, changes to the constitutional system would adopt the "Three-step Process" or the "Five-step Process" approach. Yet, this approach was less than desirable, for the legislative procedures involved would be lengthy, complicated and time-consuming, and would inevitably trigger lots of disputes. It is certain that the work will not be completed with high quality, efficiency and smoothness within a short period as in the present case of improving the electoral systems.

LEGISLATIVE COUNCIL ― 26 May 2021 6333

Elections implemented in Hong Kong since the handover have exposed the loopholes and deficiencies of the system, posting a major and real threat to national security and the stability of Hong Kong. The Central Government has acted decisively in accordance with its constitutional power to adopt the approach of "Decision plus Amendment" at the State level to improve the electoral system of HKSAR. In fact, this is the key to ensure that the Legislative Council can efficiently complete the local legislative exercise in an efficient and high quality manner.

As we all know, on 11 March 2021, the National People's Congress ("NPC") passed the Decision on Improving the Electoral System of HKSAR ("the Decision") with nearly 3 000 votes in favour, one abstention and without any objection, and authorized the Standing Committee of NPC ("NPCSC") to amend Annexes I and II to the Basic Law in accordance with the fundamental principles and core elements of the Decision.

Annexes I and II to the Basic Law, as amended by NPCSC, are clear and detailed in content, and will serve as the pillar of the ocean in the local legislative exercise to be carried out by the executive and legislature of the SAR shortly, ensuring that the progress is speeding up on the right track. The work we have done now will bring benefits lasting for centuries.

I must point out that the NPC Decision this time around has not changed the ultimate goal of achieving universal suffrage stipulated in Articles 45 and 68 of the Basic Law. We strongly believe that the implementation of the improved electoral system to ensure "patriots administering Hong Kong" and safeguard the overall interests of society will facilitate the steady development of democracy in Hong Kong.

In this connection, the Vice-Chairman of the National Committee of the Chinese People's Political Consultative Conference ("CPPCC") and the Director of the Hong Kong and Macao Affairs Office ("HKMAO") of the State Council, XIA Baolong has made it clear that: "Patriots administering Hong Kong" is the core meaning of the principle of "one country, two systems", and it is the call of the times to taking forward "one country, two systems". The implementation of the principle of "patriots administering Hong Kong" certainly requires various measures and comprehensive policies, whereas the most crucial and pressing task is the improvement of the relevant system. It is particularly important to 6334 LEGISLATIVE COUNCIL ― 26 May 2021 improve the relevant electoral system to ensure that the jurisdiction of Hong Kong is held firmly in the hands of individuals who love the country and love Hong Kong.

ZHANG Xiaoming, Deputy Director of HKMAO, has the following views on the importance and sustainability of improving the electoral system of Hong Kong. First, it embodies the strategies of General Secretary XI Jinping for governing Hong Kong, which is an important milestone in the course of implementing "one country, two systems". Second, this is a fundamental solution for safeguarding the political stability and security of SAR. It involves a contest between seizure of power and counter seizure of power, subversion and counter subversion, infiltration and counter infiltration, so there is no room for concessions. Third, this is about the construction of a democratic system suited to Hong Kong's realities and with Hong Kong characteristics.

From the remarks of XIA Baolong and ZHANG Xiaoming, we can see that the new electoral system is the fundamental system under "one country, two systems". It is a long-term arrangement rather than a stop-gap measure, which will be implemented throughout the latter part of the period during which the "way of life remains unchanged for 50 years". It is fully predictable that the future implementation of the dual universal suffrage as stipulated in the Basic Law will be built on the foundation of this new electoral system.

Recently, a few major political parties and groupings in the pan-democratic camp are pondering whether or not they will continue to stand for election after the electoral system has been improved. For instance, the leadership of the Democratic Party said that they would make the decision in September at the earliest, and members of the Civic Party have also found it extremely aggrieved to stand for election. Yet, Members should still remember that in the middle of last year, the pan-democrats were equally hypocritical on the issue of whether to stay for the extended term. In the beginning, the pan-democrats let public opinion survey decide. Yet, when they found out that the majority of public opinion did not approve of their stay for the extended term, they used different excuses to stay in the legislature until the so-called mass resignation. Now, the pan-democrats are also facing a critical moment in making this historical decision, and I have reasons to believe that they will repeat what they did last year by accepting the arrangement while pretending to be reluctant.

LEGISLATIVE COUNCIL ― 26 May 2021 6335

Officials of the Central Authorities have stressed that "patriots administering Hong Kong" does not mean to impose "uniformity" in politics in Hong Kong society, for anti-China disruptors should not be glibly equated with the opposition. In this connection, Deputy Director ZHANG Xiaoming has made it crystal clear that there are also patriots among the opposition, particularly among the pan-democrats, and they can still stand for election and be elected in accordance with the law. In other words, under the new system, the channels for eligible pan-democrats to stand for election is definitely open. The Central Authorities, in fully implementing "one country, two systems", will certainly respect Hong Kong's capitalist system and accommodate the pluralistic composition of Hong Kong society, and will naturally provide the pan-democrats with lawful political space.

Some people may ask, given that the adjustment of the Election Committee ("EC") is the core element of the improvement of the electoral system this time around and EC will return 40 Members to the Legislative Council and nominate candidates for the Legislative Council election, whether it means that the composition of the Legislative Council is manipulated by the Central Authorities.

As WANG Chen, Vice Chairman of NPCSC, has pointed out in the Explanations on the Draft Decision, the general idea of improving the electoral system is to reconstitute EC and entrust EC with new functions, expand balanced and orderly political participation in Hong Kong society, make the political system more broadly representative, and to establish a eligibility review mechanism to ensure that candidates fulfil the requirements of being patriots, thereby forming a new democratic electoral system suited to Hong Kong's realities and with Hong Kong characteristics.

The improvement of the electoral system this time around realizes the expansion of EC to 1 500 members and the addition of one more sector, thus changing the long-standing inherent structure of interest in Hong Kong society, which carries far-reaching implications. First, with the number of Members in the Legislative Council returned by the EC constituency through election exceeding the number of Members returned by the functional constituencies ("FCs") and the geographical constituencies ("GCs") through direct elections, the fragmentation and localization of the interests of representatives of FCs and GCs is addressed to ensure that the Legislative Council is directed towards the overall interests of society. Second, as the Legislative Council is expanded from 70 to 90 seats, it will provide more opportunities for individuals with political 6336 LEGISLATIVE COUNCIL ― 26 May 2021 aspirations. In the future, more patriotic and talented people with integrity and broad vision will be able to join the Legislative Council, thus facilitating the realization of good governance in SAR. Third, in the new EC, Hong Kong deputies to NPC, Hong Kong members of the National Committee of CPPCC and representatives of Hong Kong members of relevant national organizations are added as the Fifth Sector. Individuals in this sector have a better understanding of national affairs, a stronger sense of nationalism and a better grasp of the need of the country and the advantages of Hong Kong, so they are the bridge between the country and Hong Kong.

In gist, the election of the Chief Executive and some Members of the Legislative Council by the broadly representative EC has provided a common ground for the Chief Executive and the Legislative Council in terms of their electorate basis, which will be conducive to the communication between the executive and the legislature and the implementation of the executive-led structure stipulated in the Basic Law.

Finally, I want to say that even if the Bill is passed smoothly, we cannot simply think that all the problems in our society will be gone right away, for the deep-seated conflicts accumulated over the years will not be resolved at once, will it? After all, the implementation of any system requires the participation and promotion of people. I hope that all aspiring individuals will collaborate sincerely to contribute their part to the country and Hong Kong.

President, with these remarks, I support the passage of the Bill.

MS STARRY LEE (in Cantonese): President, since the return of Hong Kong to China, our country has been determined and resolute to implement "one country, two systems", "Hong Kong people administering Hong Kong" and "a high degree of autonomy" in Hong Kong, but as we can see, in recent years, some radicals have caused wave after wave of turmoil and upheaval, seriously affecting the livelihood of the community, hindering governance and challenging the rule of law without any limits. The "mutual destruction camp" had even hijacked the legislature, as after seven months, a new Chairman of the House Committee had yet to be elected, causing delays to the already tight legislative schedule. Even the National Anthem Bill, which was nearly completed before the end of the previous session and sought to safeguard our national dignity, had been delayed time and again. Funding proposals of all sizes that were beneficial to people's LEGISLATIVE COUNCIL ― 26 May 2021 6337 livelihood and the economy had been opposed by them for the sake of opposing, and thus had been delayed indefinitely, plunging the SAR Government into a nearly ungovernable state, and turning the formerly safe, peaceful and beautiful city of Hong Kong into one beyond recognition.

The political extremists had shown no restraint. Apart from blatantly championing "Hong Kong independence" and instigating and supporting both overtly and covertly, they had even advocated the planning and implementation of the so-called "35+", declaring that they would dominate the Legislative Council through elections and force the SAR Government to comply, or else they would burn with Hong Kong, in an attempt to seize the right to govern Hong Kong. Together with some foreign or non-local forces, they have imposed so-called sanctions on the relevant personnel of our country and the SAR, blatantly interfering in the internal affairs of Hong Kong, and supporting and endorsing forces that oppose China and disrupt Hong Kong.

President, the deviant behaviour of the extremists has seriously jeopardized the implementation of "one country, two systems" and undermined the stability of Hong Kong society. From another perspective, the continuous emergence and radicalization of such chaotic phenomena clearly reveals that the existing electoral system in Hong Kong has provided an opportunity for the extremists to take advantage of it and shake the foundation of Hong Kong. For this reason, we must adopt measures to eliminate insidious hazards and dangers in terms of institutional arrangements, or else Hong Kong will never know true stability and be taken to a point of no return.

In view of the increasingly perilous situation in Hong Kong and the fact that it was only one step away from the "mutual destruction camp" seizing power and a regime change, the Central Authorities came to the end of their patience and were forced to take action to overhaul the electoral system of HKSAR at the national level. The National People's Congress ("NPC") on 11 March this year passed the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region and authorized the Standing Committee of the National People's Congress ("NPCSC") to amend Annex I and Annex II to the Basic Law. The SAR Government took forward the amendment exercise of local electoral legislation in accordance with the newly amended Annex I and Annex II to the Basic Law adopted by NPCSC on 30 March, and presented the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") to the Legislative Council on 14 April.

6338 LEGISLATIVE COUNCIL ― 26 May 2021

President, compared to the past when Hong Kong was unable to make any progress in terms of constitutional reform for years, the improvement of the electoral system this time around, from the decision made at an NPC meeting to the amendment of the Annexes to the Basic Law by NPCSC, and to the enactment of complementary legislation in Hong Kong and the scrutiny of such legislation, can be said to be immediate and swift, fully demonstrating the Central Authorities' determination to implement "patriots administering Hong Kong", to safeguard the sovereignty, security and development interests of the country, and to safeguard the long-term stability of Hong Kong.

An important principle of this new electoral system is to enhance the representation of the Election Committee ("EC") and the Legislative Council, and expand the balanced and orderly political participation of the community, so as to solve the political stalemate of Hong Kong and build the foundation and environment for long-term and stable development.

President, some people have criticized the electoral system amendment exercise as a retrograde step for democracy. This issue cannot be evaded, and there is no need to evade it. I think that the improvement of the electoral system this time around will enhance the quality of democracy in Hong Kong at least in three aspects, and provide a solid foundation for the gradual and orderly development of democratic institutions in Hong Kong.

The first is drawing a clear bottom line. The theme running through this electoral system amendment exercise is the implementation of the fundamental principle of "patriots administering Hong Kong". The most noteworthy proposal is the establishment of the Candidate Eligibility Review Committee and a mechanism of eligibility review throughout the entire process, so as to draw a bottom line and a red line to ensure that public officers such as EC members, government officials and Legislative Council Members must be patriots. Through such institutional arrangements, political extremists will be barred from our governance structure, and this will save Hong Kong from political infighting and the chaos that comes with political wrangling.

The second is the expansion of representation. One of the features of the Bill is the reconstitution of EC in accordance with the new Annex I to the Basic Law, with the number of members increased from 1 200 to 1 500 and the number of sectors increased from four to five, thus expanding its representation and adjusting its balance. The Fifth Sector is composed of Hong Kong deputies to LEGISLATIVE COUNCIL ― 26 May 2021 6339

NPC, Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference and representatives of Hong Kong members of relevant national organizations, which is conducive to EC considering issues from the perspective of the country and Hong Kong. In addition, the adjustment of the subsectors can reflect the changes in the socio-political and economic situation of Hong Kong. As for the increase in the number of Legislative Council Members from 70 to 90, the backgrounds and sectors of Members will be diversified, and there will be more diverse voices. Voices of criticism can still be expected in the future legislature, but more of them will be constructive, which will help the SAR Government to do long-term planning, improve people's livelihood and develop the economy.

The third is plugging the loopholes. Political stability is the basic condition for social development. Without political stability, development is just empty talk, not to mention ensuring that people can live and work in contentment. The improved electoral system through the Bill will help solve the current problems of low nomination threshold for the Legislative Council election, lax eligibility review mechanism, easy manipulation of the election, and the opportunity for "Hong Kong independence" forces to infiltrate the legislature. With seats returned by EC sectors, it will be possible to pre-empt the incidents which had happened in the past such as the Legislative Council being hijacked by a few Members of the "mutual destruction camp" who committed acts that endanger national security. The problems of filibustering, "mutual destruction" and "black-clad violence", which are often criticized by people, can also, I believe, be effectively resolved. Therefore, I expect that after the implementation of the new electoral system, the legislature will be run rationally, peacefully, efficiently and smoothly, which is conducive to the rationalization of the relationship between the executive and the legislature, and the transformation of society from chaos to stability, thus laying a very good foundation for the SAR Government to enhance its efficiency and effectiveness in governance.

President, the fundamental objective of the new electoral system initiated by the Central Authorities this time around is to implement the principle of "those who love the country administer Hong Kong and those who oppose China and disrupt Hong Kong are out", rather than rejecting the voices of opposition. Politicians must understand and accept the bottom line that patriotism is the basic requirement, fundamental obligation and responsibility of those who administer Hong Kong. The Central Government and the SAR Government have repeatedly stressed that anyone who does not cross the legal red line of the Hong 6340 LEGISLATIVE COUNCIL ― 26 May 2021

Kong National Security Law and accepts the rules of the new electoral system can continue to stand for election and be elected in accordance with the law. After the implementation of the new electoral system, there will be more room for political participation and discussion above the bottom line of patriotism.

It is undeniable that the Bill has introduced relatively significant changes to the role and functions of the existing EC. These changes have inevitably aroused widespread concern and discussion in the community, and I believe they will also give rise to some worries and doubts. Therefore, I urge the Administration to step up its publicity and lobbying efforts to address these worries and doubts, because only when the public fully understands the origin and effects of these changes will the new electoral system have a chance to be implemented and operate smoothly.

With these remarks, President, I support the resumption of the Second Reading debate on the Bill.

MR POON SIU-PING (in Cantonese): President, the electoral system of the Hong Kong Special Administrative Region is an important element of Hong Kong's political structure and has significant impacts on the implementation of "one country, two systems".

On 11 March 2021, the Fourth Session of the Thirteenth National People's Congress ("NPC") adopted the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region ("the Decision"). On 30 March 2021, the Twenty-Seventh Meeting of the Standing Committee of the Thirteenth National People's Congress adopted the newly amended Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China on Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures. Following the enactment and implementation of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region last year, this is another important measure to administer Hong Kong in accordance with the law, and a milestone in the implementation of "one country, two places".

LEGISLATIVE COUNCIL ― 26 May 2021 6341

I have noted that in response to the passage of the decision by NPC on improving the electoral system of the Hong Kong Special Administrative Region ("HKSAR"), you, the President, issued a statement through the Legislative Council Secretariat on 11 March, expressing respect and support for the decision adopted by NPC on improving the electoral system of HKSAR, under which the Standing Committee of NPC ("NPCSC") is entrusted to amend Annex I and Annex II to the Basic Law. I very much agree with him. The President hopes that after NPCSC has completed the relevant amendment exercise, the Executive Authorities of HKSAR will expeditiously present the draft local legislation to the Legislative Council for scrutiny, so that the relevant elections can be held in an orderly manner in the next 12 months. The President also hopes that the Administration could make efforts to explain the relevant bill clearly to Legislative Council Members and members of the public to ensure the smooth implementation of the new electoral system. The President stresses that the purpose of improving the electoral system is to ensure that Hong Kong is administered by patriots, and to prevent the occurrence of events which will endanger national security and sovereignty, and undermine the stability and prosperity of Hong Kong.

In view of the extremely tight schedule to complete the local legislative exercise and conduct the three public elections in the next 12 months, the House Committee of the Legislative Council agreed at its meeting on 19 March this year to set up a subcommittee to first discuss the main contents of the Decision adopted by NPC as well as the amended Annex I and Annex II to the Basic Law. The House Committee also agreed that upon the Government's presentation of a bill to the Legislative Council, the Subcommittee would immediately be transformed into a Bills Committee to scrutinize the bill.

After the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") was presented to the Legislative Council on 14 April 2021, the Subcommittee immediately transformed into a Bills Committee. The Subcommittee and the Bills Committee held a total of 17 meetings to discuss the Bill with the Administration. We are grateful to Mr Martin LIAO and Mr CHEUNG Kwok-kwan for serving as the Chairman and Deputy Chairman of the Bills Committee, and to the Bills Committee for completing the scrutiny of the Bill and presenting a detailed Report of the Bills Committee on Improving Electoral System (Consolidated Amendments) Bill 2021. The Second Reading debate on the Bill has been resumed at the Council meeting today and I am confident that the motion will be passed smoothly. 6342 LEGISLATIVE COUNCIL ― 26 May 2021

President, the purpose of improving the electoral system is to ensure that Hong Kong is administered by patriots and to prevent the occurrence of events which will endanger national security and sovereignty, and undermine the stability and prosperity of Hong Kong. Hong Kong is a city that embraces diversity and inclusion, and it is only natural that there are different voices in the community and in the legislature. After the constitutional order has been rationalized, I believe that there will still be people or political parties with different political beliefs in this Council who will continue to reflect the overall interests of Hong Kong and perform their constitutional function of monitoring the Government for the well-being of the people of Hong Kong.

President, I so submit.

MR CHEUNG KWOK-KWAN (in Cantonese): President, this Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") is different from other bills that we generally deal with, because it is a bill spearheaded by the country to improve the SAR electoral system at the constitutional level. It is an exercise conducted to improve the local electoral legislation in accordance with the Decision adopted by the National People's Congress as well as Annexes I and II to the Basic Law as amended by the Standing Committee of the National People's Congress.

As Members all know, these amendments involve as many as eight principal Ordinances and 24 items of subsidiary legislation. While I dare not say for sure as to whether this amendment exercise is unprecedented in the history of the legislature of Hong Kong, I am sure that it is one of the most complex and most challenging amendment exercises. The SAR Government tabled the Bill to the Legislative Council in mid-April. After a total of almost 50 hours of marathon meetings of the Subcommittee and the Bills Committee, I would say that we have finally come to the last mile of the entire legislative exercise today as the Second Reading debate on the Bill is resumed and the Bill to be read the Third time.

President, there are voices in society, mainly voices from people who consistently oppose the Government. What do they say? They said, "Look, the speedy deliberation on the Bill by the Legislative Council is again proof that the Legislative Council is but a rubber stamp." Is this criticism consistent with reality? I think we have to analyse it objectively and honestly. President, if we LEGISLATIVE COUNCIL ― 26 May 2021 6343 take a look around the world, when a parliamentary assembly has spent 50 hours in a month scrutinizing the Bill clause by clause, with the time for the resumption of the Second Reading debate and Third Reading not even being counted, this absolutely cannot be taken as some perfunctory, sloppy performance. Moreover, people who have observed really carefully the deliberations of the committees will see that in the process, the preparation and follow-up work carried out by Members before and after meetings were most adequate. Otherwise, it would have been impossible for them to raise such concrete questions on such complex, elaborate legislative amendments. Furthermore, Members attending the meetings had always exerted themselves to scrutinize the Bill and ask questions in an effort to improve the Bill, or else the 369 amendments to be dealt with later would not have existed.

As a Member of this term of the Legislative Council and Deputy Chairman of the Bills Committee, I can say most responsibly that our deliberation of nearly 50 hours this time around is far more effective than 100 or 200 hours of past meetings where the opposition camp was filibustering, shouting and charging, and this is the performance expected of a responsible parliamentary assembly.

Besides, President, I also wish to talk about why these legislative amendments are necessary and why they have to be introduced expeditiously in order to improve the electoral legislation. It is because since the handover of Hong Kong more than two decades ago, "one country, two systems" and "Hong Kong people administering Hong Kong" have been implemented in Hong Kong. But in the past two decades or so, we always emphasized the need to be tolerant and the importance of harmony. This explains why we were all along tolerant of people with bias or prejudices against the country and the Mainland in different social strata. And, in the past few years, these people have worked together with ill-intentioned local or external forces in seizing opportunities to fan anti-China sentiments, resulting in the chaotic situation over the past few years.

We have seen the anti-national education incident in 2012, the illegal Occupy Central incident in 2014, the Mong Kok riot in 2016, the incidents relating to the advocacy of "Hong Kong independence" and self-determination, the emergence of the National Party, and various chaotic scenarios since the Legislative Council Election in 2016. The situation was even worse during the disturbances arising from the opposition to the proposed legislative amendments. As Members may recall, back at that time, both SAR officials and pro-establishment Members basically did not dare to go out, and even our family 6344 LEGISLATIVE COUNCIL ― 26 May 2021 members were under threats. Government facilities and Members' Offices were vandalized. Even the graves of a Member's ancestors were desecrated, and the national emblem and national flag which symbolize our country's dignity were defaced. After entering the political system of the Legislative Council through the electoral system in 2016, they even took advantage of their capacity as public officers to wantonly do institutional damages and paralyse the Government's administration, thus giving rise to the absurdities during the oath-taking for this term of the Legislative Council and the ridiculous delay of nearly seven months in the election of the Chairman of the House Committee.

Members of the opposition camp took advantage of their capacity as public officers to shield the so-called "street battlefront". They betrayed their conscience and helped spread the rioters' lies in this Council, inciting hatred among the public towards the SAR Government and the Police Force. What have they done? President, all these happened right in this Council. For instance, regarding the incident of deaths at Prince Edward Station, they said that six people died and many bereaved families went to Prince Edward Station to mourn the deceased but these six people are proven to have resurrected. There was also the incident of sexual assault in San Uk Ling of which the online rumour-monger had been convicted and sentenced. As regards the incident concerning a girl whose eye ball was ruptured, which has aroused great concern in society over the past few days, it turns out that her eye ball did not rupture and what is more, she had flown to Taiwan with a pair of bright, piercing eyes. But with regard to these lies, in the past, some opposition Members in this Council could go so far as to question officials sitting to our left, demand that officials be summoned, and even call for the setting up of Select Committees to conduct inquiries, exploiting all kinds of procedures of this Council to demand follow-up actions. In the final analysis, all they wanted was to stir up conflicts in society. In order to oppose the country and oppose the SAR Government, these people turned a blind eye to violent acts, confounded right and wrong, and incited hatred. They are completely devoid of the basic ability of ordinary people to distinguish right from wrong. Moreover, with the backing of foreign forces, they blatantly asked foreign countries to impose sanctions on our officials. They even promoted the so-called "35+" illegal primary election, making no attempt to hide their practical actions taken to usurp SAR's governing power.

Think about this: Had there not been the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region to stop violence and curb disorder, and had there not been LEGISLATIVE COUNCIL ― 26 May 2021 6345 these arrangements to improve the electoral system, what kind of a parliamentary assembly would the new term of the Legislative Council become? Under the so-called "35+" political setting, this Council will veto whatever important motion proposed by the SAR Government, and it would veto whatever Budget proposed by the Financial Secretary. This would be a Legislative Council that never stops until the SAR Government is toppled.

Think about this: If there would be a "35+" political setting, what would happen to next Chief Executive elections following the Legislative Council elections? If it will be a group of unpatriotic Election Committee members backing and selecting the Chief Executive, will this Chief Executive be a head of SAR who does not swear allegiance to SAR and who does not uphold the Basic Law? If that is the case, is there still a way out for HKSAR to survive?

With this improvement of the electoral arrangements, the constitutional order of SAR can finally be upheld. The relationship between the executive and the legislature can resume normal and hopefully the effectiveness of the governance of SAR can be practically improved, and the deep-seated problems besetting HKSAR over the years can hopefully be addressed squarely and resolved.

Therefore, President, I fully support the Bill. I so submit.

MR MA FUNG-KWOK (in Cantonese): President, the establishment of an electoral system on the premise of "one country, two systems" in the light of the actual situation in Hong Kong to implement the principle of "patriots administering Hong Kong" is the original intent of the 13th National People's Congress ("NPC") in adopting the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region ("the Decision") on 11 March and authorizing the Standing Committee of NPC to amend Annexes I and II to the Basic Law, i.e. Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures.

The Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"), which seeks to implement the Decision by amending the local electoral legislation, amends a total of eight principal Ordinances, involving at 6346 LEGISLATIVE COUNCIL ― 26 May 2021 least 460-odd amendments. As far as the Administration, the Legislative Council Secretariat and members participating in the scrutiny of the Bill are concerned, I believe this is the first time that they have to deal with the drafting and scrutiny of a piece of legislation with such immense meaning and historical significance. Being one of the members of the Bills Committee, I deeply feel the great significance behind the scrutiny of the Bill. After more than 10 meetings and over 40 hours of scrutiny, I can say that the Bills Committee has responsibly completed the work, from which I have gained a precious experience.

President, without any doubt, I absolutely support and agree with the spirit of the Bill and the meaning behind it. More than 23 years have passed since the handover of sovereignty. The loopholes underlying in Hong Kong's political system have always existed and long been criticized. To maintain the effective administration of the SAR Government and implement the fundamental principle of "one country, two systems", the pro-establishment camp must respond by expending a large amount of time and energy and putting in plenty of resources. In particular, over the past few years, Hong Kong has faced unprecedented challenges: when the current term of the Legislative Council had just commenced, some candidates stirred up an oath-taking farce which led to the disqualification of certain winning candidates. Then came the social unrest which persisted for more than half a year since the outbreak of disturbances arising from the opposition to the proposed legislative amendments in June 2019. Furthermore, propagation of "Hong Kong independence", organized resistance to the governance of the Central Authorities and even advocacies and acts of collusion with external forces to interfere in Hong Kong's affairs emerged both inside and outside the Council. Some people blatantly exploited the loopholes in the system to enter the Legislative Council and District Councils through elections. On the one hand, they paralysed the operation of the Council and obstructed the governance of SAR in accordance with the law. On the other hand, they had no qualms about orchestrating the so-called primary election which aimed at "mutual destruction", launching attacks both inside and outside the Council in an attempt to manipulate the election, dominate the legislature, subvert the constitutional order of Hong Kong and challenge the sovereignty of the State. All such chaos has exposed the loopholes and deficiencies in the electoral system which, if not rectified in time, will make it difficult to ensure the faithful implementation of the principle of "one country, two systems", and seriously impair Hong Kong's prosperity and stability.

LEGISLATIVE COUNCIL ― 26 May 2021 6347

To address the problems which had emerged in Hong Kong, the Central Government lost no time in taking decisive measures. First, in May last year, NPC adopted the decision to introduce a Hong Kong national security law, thus severing ties with the external forces interfering in Hong Kong's affairs, ensuring expeditious restoration of stability in Hong Kong society and safeguarding national security. Then it stepped in again this year to introduce the proposal to improve the electoral system in Hong Kong by amending Annexes I and II to the Basic Law. The amendments in the Bill are a necessary response to the chaotic situation in Hong Kong's political system which has gone haywire.

President, the contents of the Bill, including the addition of the Fifth Sector to the Election Committee ("EC"), increase in the number of EC members to 1 500, replacement of individual voters by corporate voters in the majority of EC elections and increase in the number of seats in the Legislative Council, seek to manifest the spirit of broader representation and balanced participation, and the establishment of the new Candidate Eligibility Review Committee can realize the principle of "patriots administering Hong Kong". All these are very reasonable arrangements. Apart from fully reflecting the overall interests of society and putting "one country, two systems" back on the right track, the Bill is also conducive to the development of a new democratic electoral system with Hong Kong characteristics.

President, the speech delivered by Mr Martin LIAO in his capacity as Chairman of the Bills Committee has, to a considerable extent, comprehensively spelt out the concerns of members (including me) about the contents of the Bill, many of which have been expounded and explained by the Government. Some have been considered and amended. I am not going to repeat it here. I only wish to add a few points relating to my sector. First of all, some organizations in the sector which are strongly representative and in line with the spirit of representation and balanced participation have not been included in the Bill. During the scrutiny process, I have repeatedly expressed their concern. I hope the Government will pay more attention to this in the future and add them in due course.

Another point I would like to raise is about the expenses for EC members to stand for the Legislative Council election. In the next Legislative Council election, the election expenses limit for candidates in the EC constituency is only $213,000. The Government explained that the electoral expenses limits had drawn reference from the first and second Legislative Council elections, but in 6348 LEGISLATIVE COUNCIL ― 26 May 2021 my view, circumstances have changed with the passage of time. This amendment exercise adds 40 new Members to the Legislative Council who will be returned by EC, and they will play a very important role in the overall political ecology in the future. Under the new system, Members returned by EC will account for a large proportion of seats in the Legislative Council. Apart from securing the support of EC members, they should also be given room to seek the recognition and approval of the community at large such that they will be accountable to and monitored by the public. Compared with candidates in direct elections who may spend nearly $4 million as election expenses while conducting election campaigns, the resources available to candidates returned by EC can be described as disproportionate. The current arrangement has undoubtedly limited the chance of candidates in the EC constituency to gain the recognition of the community at large. I hope the Government will take this issue seriously and consider making appropriate adjustment to the electoral expenses limits for the EC constituency in the future, having regard to the importance of the EC constituency and the actual need of the candidates to face the public.

President, from the perspective of overall interests of Hong Kong as well as the consideration that national security must be safeguarded, it is necessary to implement the reform of the electoral system. Following the implementation of the Hong Kong National Security Law, the passage of the Bill will fundamentally address the long-standing problems and reconstruct a brand new constitutional order applicable to Hong Kong in line with the Constitution of the People's Republic of China and the Basic Law. Many people expect that the new electoral system will strengthen the executive-led system which will be monitored and supported by the legislation, thereby promoting good governance in Hong Kong. It will enable the SAR Government and various sectors in society to put back the focus on economic development and improvement of people's livelihood, and develop in a sustainable manner a democratic system with Hong Kong characteristics, such that "one country, two systems" can be implemented steadfastly and successfully on the premise of ensuring "patriots administering Hong Kong".

With these remarks, President, I support the Second Reading of the Bill.

MR FRANKIE YICK (in Cantonese): President, let us revisit the history of the legislature of Hong Kong. After the British occupation of Hong Kong in 1841, the Legislative Council was established in 1843 with the composition of only the LEGISLATIVE COUNCIL ― 26 May 2021 6349

Governor and three Official Members. Since then, the legislature of Hong Kong had been composed of Official and Unofficial Members only, and there were not any elected Members. It was not until 1984 that China and the United Kingdom signed the Sino-British Joint Declaration, stating that "to recover the Hong Kong area (including Hong Kong Island, Kowloon and the New Territories, hereinafter referred to as Hong Kong) is the common aspiration of the entire Chinese people, and that it has decided to resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997 … The Government of the United Kingdom declares that it will restore Hong Kong to the People's Republic of China with effect from 1 July 1997". In the following year, i.e. 1985, the first indirect election of the Legislative Council was held. Ten years later in 1995, the first fully-elected Legislative Council comprising 60 Members was formed.

In the post-handover Hong Kong Special Administrative Region ("HKSAR"), the Government put forward political reform proposals in 2005, 2010 and 2015 respectively, except for the 2010 political reform proposal which was passed by the Legislative Council, the 2005 and 2015 political reform proposals were regrettably negatived due to the objection of the opposition camp. What is more noteworthy is that the Decision of the Standing Committee of the National People's Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 adopted on 31 August 2014, which is known as the 31 August Decision, was considered a step forward having regard to the actual situation at that time, and was more in line with Article 68 of the Basic Law, which states that the method for forming the Legislative Council shall be specified in the light of the actual situation in HKSAR and in accordance with the principle of gradual and orderly progress. The ultimate aim is the election of all the Members of the Legislative Council by universal suffrage. However, the 31 August Package was regrettably negatived and Hong Kong missed the opportunity to elect the Chief Executive by "one person, one vote".

After the vote down of the 31 August constitutional reform package, the political ecology of Hong Kong society has become more and more complicated and radical, and some members of the community have even advocated and promoted "Hong Kong independence". As a result, Hong Kong experienced the Occupy Central movement in 2014, the Mong Kok riots in 2016 and the "black-clad violence" in 2019. Hong Kong has been pushed into a dangerous 6350 LEGISLATIVE COUNCIL ― 26 May 2021 situation, and the community is living in fear and panic. People still get the jitters. In order to prevent anti-China disruptors from disrupting Hong Kong's order and paralysing its governance, the Liberal Party supports the Central Government's introduction of the Hong Kong National Security Law and agrees that the loopholes in the electoral system should be plugged. The Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") today is a response to the decision of the National People's Congress ("NPC") on improving the electoral system and to fulfil the principle of "patriots administering Hong Kong", so that foreign forces can no longer take advantage of it, thereby enabling Hong Kong to return to the right track and achieve long-term stability.

Nevertheless, after the promulgation of the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region, I notice that the opposition camp kept criticizing it as a retrograde step in democracy. In fact, the NPC decision this time around has made appropriate adjustments in the light of the actual situation by expanding the membership of the Election Committee from 1 200 to 1 500 and increasing the number of seats in the Legislative Council from 70 to 90. This fully embodies the concept of balanced participation and further brings the voices of different sectors of society into the establishment, so as to fully reflect public sentiments and facilitate governance. Therefore, this NPC decision can in no way be regarded as a retrogression in democracy. On the contrary, the NPC decision is made under Article 68 of the Basic Law to improve the electoral system of HKSAR in the light of the actual situation in HKSAR and in accordance with the principle of gradual and orderly progress.

If we look back at the above history and do some rough calculations, we will see that there were no democratic elections in Hong Kong for more than 140 years under the British rule, but in a mere 10 years or so after the promulgation of the Sino-British Joint Declaration, all the seats in the Hong Kong Legislative Council were already returned by elections. During the period before and after the return of sovereignty, many Hong Kong people were unfamiliar with the history and situation of the country, and Hong Kong was unstable when people's hearts were yet to be returned. The electoral system hastily introduced by the British Government before the handover was proved to be unsuitable for the actual situation of HKSAR. On the contrary, it gave those anti-China disruptors an opportunity to take advantage of it.

LEGISLATIVE COUNCIL ― 26 May 2021 6351

Over the past 23 years since Hong Kong's return to the Motherland, the State and the SAR Government have been working hard to implement the policy objectives of "one country, two systems", "Hong Kong people administering Hong Kong" and "a high degree of autonomy", but some members of the community are still reluctant to accept "one country, two systems", believing that "two systems" is more important than "one country". As "one country, two systems" is a unique system in the world, it needs to be continuously improved in the course of implementation. However, some people deliberately played down or even dispensed with "one country" in "one country, two systems", and deviated further and further from it. They even abused press and editorial freedom, freedom of procession, academic freedom and freedom of speech to spread distorted values, put forward specious ideas such as "breaking the law to achieve justice", fabricated events to create divisions and torn the society apart. In the end, they even hoped to make use of the loopholes in the electoral system in an attempt to dominate the legislature, paralyse the Government's administration and coerce the Central Government into taking action, with a view to achieving the objective of "mutual destruction".

President, times have changed and there should be different systems to cater for different social circumstances. The Liberal Party and I have all along supported the principle of "one country, two systems". It has been more than 23 years since Hong Kong has been returned to China. Many problems, such as housing shortage, single-direction development of industries, an inadequate education system, mismatch of human resources and upward mobility of young people, have been piling up and overwhelming Hong Kong. SAR must put aside unnecessary political wrangling and focus on finding solutions to these problems. We have to work together to build a future for our next generation. The key to achieving political harmony is to first improve the electoral system of HKSAR, to be followed by a review of the existing civil service system to ensure effective governance in the future.

With these remarks, President, I support the resumption of the Second Reading of the Bill.

MRS REGINA IP (in Cantonese): President, I rise to speak in support of the resumption of the Second Reading of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill").

6352 LEGISLATIVE COUNCIL ― 26 May 2021

First of all, I would like to thank the Central Government for being very decisive and determined in making a series of moves to solve many problems for Hong Kong since the riots in 2019. First, the enactment of the Hong Kong National Security Law on 30 June last year, to be followed by the clarification for Hong Kong on the requirement for public officers to take an oath on 11 November last year, and the amendments to Annexes I and II to the Basic Law to improve the electoral system in Hong Kong by the Standing Committee of the National People's Congress in March.

I am also grateful to the officials of the SAR Government, be it the staff of the Department of Justice or the Constitutional and Mainland Affairs Bureau. The Bill, comprising 600-odd pages, is meticulous in its details and I know it must have involved a lot of work. As pointed out by the Chairman of the Bills Committee, Mr Martin LIAO, we did not spend too much time on it. However, we started the policy study in late March and after that, the clause-by-clause examination. Seventeen meetings were held, or more than 50 hours of work in marathon style. We all scrutinized each and every clause very seriously and put forward many views. I believe that if anyone compiles a chronicle of Hong Kong in the future, he will regard the passage of the Bill as a moment of historical significance, which has ensured the political security of Hong Kong and the long-term and steady development of "one country, two systems" in accordance with the original aspiration until 2047 or even beyond. It will also solve the many economic, political and livelihood problems that have been plaguing the people of Hong Kong for a long time. Therefore, I very much welcome the Bill.

I would also like to take this opportunity to express some of my personal views. Many foreign governments have unreasonably accused Beijing of undermining "one country, two systems" and violating the Sino-British Joint Declaration by amending Annexes I and II. President, what I have in my hand is a copy of the Draft Agreement of the Sino-British Joint Declaration of 1984 from my personal collection, which was also the version officially signed in December 1984. The Sino-British Joint Declaration is indeed a declaration of the two countries, and it contains three declarations. First, the Chinese Government said that it would resume the exercise of sovereignty on 1 July 1997; second, the British Government said that Hong Kong would be restored to China on 1 July 1997; third, the Beijing Government set out 12 basic policies regarding Hong Kong, none of which stated that democracy or universal suffrage would be implemented in Hong Kong, and there was no mention of the composition of the Legislative Council at all. The composition of the Legislative Council is in fact LEGISLATIVE COUNCIL ― 26 May 2021 6353 a matter of national autonomy. To say that the Central Government has undermined "one country, two systems" and Hong Kong's autonomy is totally unjustified and deserves condemnation.

As for universal suffrage, it is conferred on Hong Kong by Article 45 and Article 68 of the Basic Law, but Hong Kong has a rather short history of going for universal suffrage. I believe the Secretary is also aware that the British Hong Kong Government hastily implemented district administration in 1979 after Governor MACLEHOSE learnt during his visit to Beijing that Hong Kong had to be returned. That year, I was given an opportunity to act up a directorate Administrative Officer post for the first time to assist Secretary Sir David AKERS-JONES in the New Territories District Office to implement district elections. The history of the promotion of universal suffrage in Hong Kong is very short. The District Councils became fully elected only in 1982, the functional constituency elections were first introduced to the Legislative Council in 1985, and the first-ever direct elections of the Legislative Council took place in 1991, which is only some 20 years ago.

I think the experts who drafted the Basic Law were very prescient. Universal suffrage has never been implemented in Hong Kong. We do not know whether it is a curse or a blessing. Will it lead to social unrest and riots, or can it really help the Legislative Council assist the SAR Government in solving economic and livelihood problems? No one can tell. Therefore, both Article 45 and Article 68 of the Basic Law contain provisions on gradual and orderly progress and stipulate that the actual situation should be taken into account.

Over the past few years, regrettably, the development of democracy in Hong Kong has taken a wrong turn, becoming more and more radical, and getting more and more irrational and populist. The social split has even gone wider. After the fourth term Chief Executive took office in 2012, the method of electing the Chief Executive became a major controversy in society. In early 2013, a crazy scholar named Benny TAI wrote an Article in the Hong Kong Economic Journal, advocating an electoral system outside the Basic Law and not in line with the Basic Law. He said he would occupy Central with love and peace. Of course, there was no love and peace. It ended up in illegal road blockage and violent attacks. Many commercial districts in Central, Causeway Bay and Mong Kok had been occupied for 79 days. I think that Mr SHIU Ka-fai also has bitter memories as the retail, catering and tourism sectors were devastated. The seeds of unrest have been sown. 6354 LEGISLATIVE COUNCIL ― 26 May 2021

The protests both inside and outside the legislature became more and more intense. In 2019, there were people exploiting the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, which was supposed to lead to peaceful opposition protests. However, the 2019 incident is very different from my handling of the National Security (Legislative Provisions) Bill in 2002. At that time, it was indeed a peaceful demonstration. Once the then Chief Executive TUNG Chee-hwa said that the Second Reading of the Bill would not be resumed, the crowd dispersed and there was no other motive. However, as regards the riots in 2019, after the Chief Executive and Secretary John LEE said that the Second Reading would not be resumed, the protest continued to escalate, with the five unacceptable demands being raised. It then evolved into an anti-government movement and violent attack advocating "Hong Kong independence". The situation was so serious that the Central Government had to take action. A similar demonstration took place in the United States and lasted for a day. On 6 January this year, some people stormed the Congress, refusing to accept that BIDEN had won the presidential election. How do the Americans describe these activities? Insurgency, armed insurgency. Many people are on the wanted list. That is why I welcome the introduction of the Bill by the SAR Government. This, I believe, will really help us put things right so that Hong Kong's constitutional development will return to a constitutional and lawful path, which can help Hong Kong solve its economic and livelihood problems.

One of the major changes to the constitutional arrangements is that the Election Committee ("EC") will be given much more powers. In the past, EC was only responsible for nominating and electing the Chief Executive, but in the future, EC can nominate and elect Members of the Legislative Council, and it can elect any Hong Kong permanent resident who is a registered voter as a Member of the Legislative Council. This is a great breakthrough. I believe that there are quite a number of people who want to be Members of the Legislative Council and there must be keen competition.

I have a suggestion. Given that so many people will compete for seats, I suggest that the SAR Government and the Central Government should set out some objective criteria. We are not talking about individuals and the human factor should be excluded. Rather, we should lay down some objective requirements. For example, first, they should have the time to perform their duties; second, they should have the energy and sufficient knowledge. If we want to continuously raise the standard of the Legislative Council, we hope that LEGISLATIVE COUNCIL ― 26 May 2021 6355 in the next term of the Legislative Council, there will be more Members who have the ability to make rational analyses instead of playing soundbites or chiding officials or making appearances on the media. Meanwhile, they should be able to assist the SAR Government in solving problems, propose useful and constructive measures, as well as raising the knowledge level of the entire Legislative Council.

I hope that the Secretary will make proposals to the Central Government so that we can have a legislature of a higher standard in the next term to better monitor the Government and scrutinize its legislative and financial proposals. I so submit.

MS YUNG HOI-YAN (in Cantonese): President, I rise to speak in support of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill").

President, the purpose of the Bill is to implement the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region ("the Decision") and the amendments to the methods for the selection of the Chief Executive and formation of the Legislative Council as set out in Annexes I and II to the Basic Law which the Standing Committee of the National People's Congress was authorized to make under the Decision, so as to ensure the accurate and full implementation of "patriots administering Hong Kong".

Among the various amendments in the Bill, I am particularly concerned about the following parts, including updating the membership and method for returning such members in the three elections, updating the candidate eligibility review mechanism, the composition of the Candidate Eligibility Review Committee ("CERC") and its terms of reference, and the introduction of legislation to prohibit any person from inciting another person not to vote, or to cast a blank or invalid vote by way of public activity during an election period.

First of all, I would like to talk about updating the membership and method for returning such members in the three elections. President, after the improvement of the electoral system, the number of members of the Election Committee ("EC") will be increased from 1 200 to 1 500, consisting of five sectors instead of four, with additional HKSAR members of the National Committee of the Chinese People's Political Consultative Conference ("CPPCC"), 6356 LEGISLATIVE COUNCIL ― 26 May 2021 representatives of Hong Kong members of national organizations, district organizations, grass-roots associations, associations of Chinese fellow townsmen, etc. Broadening the electorate base, the amendments will better manifest broad representation and balanced participation as stipulated in Article 45 of the Basic Law. Under the new democratic electoral system, the number of Legislative Council Members will be increased from 70 to 90, and candidates must obtain a certain number of nominations from each sector of EC. The new system can obviously better realize the spirit of broad representation and balanced participation, enabling more people from different sectors in society to join the Legislative Council. It can help to break through the limitations pertaining to the interests of a particular district, sector or group. Representing the overall interests of Hong Kong society more properly, it will enable the Legislative Council to perform greater functions, thereby facilitating good governance of the HKSAR Government.

Moreover, electing the Chief Executive and 40 Legislative Council Members by a broadly representative EC will provide a common basis for the Chief Executive and the Legislative Council in terms of electorate. It is conducive to communication between the executive and the legislature, as well as the implementation of the executive-led system as stipulated in the Basic Law. Moreover, a Chief Executive candidate will have to be nominated by not less than 188 EC members with at least 15 members from each sector. This approach can prevent the Chief Executive from tilting towards a certain sector and help the Chief Executive face the community at large, thus fostering effective administration. It can facilitate Hong Kong's future political and economic development in a positive and active way.

Regarding the constitution of EC, I note that under the Bill, a person holding a specified office in a subsector is not eligible to be registered as an ex-officio member if he is a principal official or a civil servant holding that office in his official capacity. When such a situation arises, the principal official or civil servant ineligible to be registered as an ex-officio member of the subsector should designate another person who is holding an office in the relevant body to be registered as the ex-officio member, rather than having another person selected by the body through internal election or other means. The Government has also clarified and confirmed how the substitute person should be selected.

Secondly, I would like to talk about updating the candidate eligibility review mechanism, as well as the composition and terms of reference of CERC. President, the amendments will establish CERC responsible for reviewing the LEGISLATIVE COUNCIL ― 26 May 2021 6357 eligibility of candidates standing for EC, Chief Executive and Legislative Council elections. In the past, the Returning Officer would determine whether a candidate was eligible to stand for election, which was inappropriate and lacked uniform criteria. The current approach of having CERC responsible for the review will put uniform criteria in place. More importantly, it will legalize and institutionalize the important principle of "patriots administering Hong Kong", which is also in line with the Constitution and the Basic Law, so that "patriots administering Hong Kong" can be fully implemented. This is definitely an important milestone in the development of Hong Kong's electoral process.

Besides, no legal proceedings or judicial review may be instituted in respect of a decision made by CERC on the eligibility of a candidate for membership of EC, the office of Chief Executive or membership of the Legislative Council pursuant to the opinion of the Committee for Safeguarding National Security of HKSAR ("CSNS"). I consider this sensible, reasonable and legitimate because the most authoritative organization to examine whether a candidate meets the criteria of national security is CSNS. This is also the reason why amendments are made to introduce the system involving CSNS's opinion. Having full legal legitimacy, such an approach is not subject to challenge. I am glad that the SAR Government accepted Members' proposal to increase the maximum number of CERC members from five to eight with additional participation from certain members of society to further enhance the credibility of CERC.

Lastly, I would like to talk about a new offence introduced under the Elections (Corrupt and Illegal Conduct) Ordinance to prohibit any person from inciting another person not to vote, or to cast a blank or invalid vote by way of public activity during an election period. The reason is that as we can see, in the past few years, the "mutual destruction camp" went to any length to attain their political interests, colluding with foreign forces, staging massive "black-clad violence" and paralysing the legislature. Then they went even further by planning, organizing and implementing the so-called "35+ primary election" and the "ten steps to mutual destruction" in an attempt to paralyse the government and even subvert the state power, jeopardizing national security and integrity. The amendments will stop the "mutual destruction camp" together with foreign forces from jeopardizing the security of Hong Kong and the country through sabotaging and manipulating elections. For this reason, these amendments are absolutely necessary.

6358 LEGISLATIVE COUNCIL ― 26 May 2021

President, as I have said earlier, the Bill proposes amending eight principal Ordinances and 24 items of subsidiary legislation. There is a great expectation that Hong Kong's electoral system can be improved expeditiously to stop the "mutual destruction camp" from entering the political structure of HKSAR through loopholes in the electoral system, so as to safeguard national security. I remember that in early March, more than 2.38 million people signed a joint petition within 11 days to support NPC's Decision. It is evident that the Bill represents public sentiment and public opinion. It is something which the people of Hong Kong have long awaited.

With the Central Authorities taking the initiative to throw "combination punches" by introducing two major legal and institutional measures, namely, the Hong Kong National Security Law and improvement of the electoral system, the years-long political chaos in Hong Kong came to an end. The provision of robust legal justifications and institutional safeguard at the Central Government level that cannot be challenged has enabled Hong Kong to fully and accurately implement "one country, two systems" and "patriots administering Hong Kong", such that Hong Kong can focus on its development, economy and people's livelihood.

Members of the public describe the two major measures of the Central Authorities as the sharp sword and hard shield for maintaining social stability and safeguarding the future of Hong Kong. Hong Kong has the strongest and most reliable support from the Central Authorities. In addition, with this valuable set of sword and shield currently provided by the Central Authorities, "patriots administering Hong Kong" will be accurately and fully implemented, while "one country, two systems" will remain sustainable and successful. Hong Kong will definitely be more prosperous and have a better future.

With these remarks, President, I support the Bill.

MS ELIZABETH QUAT (in Cantonese): President, I speak in support of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"). President, over the past few years, Hong Kong has been in great turmoil. We have seen that Hong Kong has been hit by the anti-national education movement, the illegal Occupy Central, Mong Kok riots, "mutual destruction" initiated by black-clad rioters, and wave after wave of legislative violence. We have seen that in the Legislative Council, Members of the "mutual destruction camp" have LEGISLATIVE COUNCIL ― 26 May 2021 6359 opposed China on every front and opposed it for the sake of opposing, staging filibusters and stirring up trouble ceaselessly. We can see that since the 2019 District Council Election, District Councils have been politicized infinitely and become completely dysfunctional. We have seen foreign forces going to absurd lengths and using Hong Kong as a means to undermine the development of our country. Some people have even blatantly colluded with foreign forces to demand foreign countries to sanction China and Hong Kong. The "mutual destruction camp" attempted to usurp the power to rule Hong Kong through the "35+", saying that they want to burn with Hong Kong. We have seen Hong Kong being turned from an open, civilized and safe cosmopolitan city into a lawless and violent city where people can do whatever they want under the banner of so-called democracy and justice. We have also seen fake news and false information flying around, creating hatred and dividing society. Hong Kong has gradually become a place where hatred overwhelms reason, and its development has been stagnant for years. We have seen Hong Kong, which generations of people have worked so hard to build, being almost reduced to nothing and even endangering national security.

The Central Government has finally come to the end of its patience and taken action to deal with these problems thoroughly, addressing the root causes by plugging the loopholes and setting things right, so that Hong Kong can get back on the right track and start afresh. First, we had the Hong Kong National Security Law, which was like a golden cudgel to stop violence and curb disorder, and then we had the improved arrangement for public officers to take the oath of allegiance, which was like a Foe-Glass and a golden fillet for those who oppose China and disrupt Hong Kong. Today, we hope that the electoral system will be improved as soon as possible, so that it can play the role of stabilizer to ensure "patriots administering Hong Kong". With such legislation, elements that oppose China and disrupt Hong Kong, traitors and supporters of "Hong Kong independence" will no longer be able to infiltrate the governance structure of Hong Kong, and Hong Kong will be able to halt chaos and restore order and move towards long-term peace and stability.

President, this legislative amendment exercise is of profound historical significance and an important milestone in the implementation of "one country, two systems". It is conducive to enhancing governance efficiency and achieving good governance in Hong Kong. It will also optimize and improve the democratic process and institutions in Hong Kong, providing the most solid protection for "patriots administering Hong Kong" and the long-term peace and 6360 LEGISLATIVE COUNCIL ― 26 May 2021 stability of Hong Kong. The political system in Hong Kong has long been designed to be executive-led, with the Chief Executive being selected by the Election Committee ("EC"), indicating that EC plays a pivotal role in the political system of Hong Kong. We can see that the conspiracy of "35+" likewise aimed to seize the EC seats. Therefore, in terms of EC, the major changes in this amendment exercise include the creation of a new Fifth Sector, the restoration of corporate voters as the main voters in electing representatives from functional constituencies, and the removal of the District Council subsectors from EC.

The reformed EC will allow the participation of more people who love our country and Hong Kong, help strengthen national consciousness, facilitate Hong Kong's integration into the overall development of our country, and better reflect the principle of balanced participation under the Basic Law. As for the abolition of the District Council subsectors, it will allow District Councils to be depoliticized and return to their original mission of providing services to the public and serving as advisory bodies for district administration. At the same time, the 4:3:2 ratio for the distribution of seats in the Legislative Council will enable a more comprehensive and balanced representation in the Legislative Council, and enable the Council to better consider the overall interests of the community in discharging its responsibilities under the Basic Law.

President, security and stability are the prerequisites for everything in any place. Without national security and social stability, there will be no protection for the safety of people and development, and other political freedoms and rights will only be empty talk. Having experienced a year of "mutual destruction" initiated by black-clad rioters in 2019, we can see that the freedoms, life and property of Hong Kong people are all under serious threat. This painful lesson tells us that when violence is allowed to run rampant, Hong Kong people will have no freedom of the person and of speech. Hong Kong will not be able to improve its economy and people's livelihood when there are those who want to burn with Hong Kong, saying that they want the destruction of all. The new electoral system will enable Hong Kong to better implement "one country, two systems" and better protect the overall interests of Hong Kong.

Since the return of Hong Kong to China, many problems have remained unresolved, including such perennial livelihood problems as land, housing, employment and healthcare, and many deep-rooted problems and conflicts have been added on. However, people from the "mutual destruction camp" have long been politically orientated towards these issues and frantically staged filibusters LEGISLATIVE COUNCIL ― 26 May 2021 6361 in the Legislative Council, thus reducing the efficiency of the Government in policy implementation and even paralysing the Legislative Council. These people have been hindering policy implementation of the Government in this Council, but they are criticizing the Government for not doing anything. Only by improving the electoral system can we put an end to these long-standing political disputes and truly develop the economy and improve people's livelihood.

Hong Kong will return from "great chaos" to "great order", and thus it is certainly necessary to elect the best and the brightest. The increase in the number of EC members from 1 200 to 1 500 and the increase in the number of Legislative Council seats from 70 to 90 will allow more virtuous and talented people with broad vision to enter the governance structure and lead Hong Kong out of the current predicament. I hope that under the new administration, without the hindrance of the "mutual destruction camp", officials can change their bureaucratic and old-fashioned mindset and adopt a spirit of not avoiding difficulties and daring to make breakthroughs in policy implementation. There is no excuse for the Government not to effectively solve the problems with the economy and people's livelihood, so that the public can be aware of and can really see the improvement in governance efficiency.

During this period of time, we have often heard opposition figures querying whether this amendment exercise is a retrograde step for democracy. In fact, President, there is no international standard for democracy. Neither the President of the United States nor the Prime Minister of the United Kingdom is directly elected by "one person, one vote", and the myth of the so-called Western democratic institutions has, I believe, come to an end as Western societies become more and more populist and see more and more problems. We can imagine that had the Central Government not intervened this time around, our next Legislative Council would be completely controlled by the "mutual destruction camp" or even foreign forces, and become a platform for opposing China, disrupting Hong Kong or even advocating "Hong Kong independence". We can imagine how this Council can possibly function normally and how Hong Kong can move forward again. If we had not undertaken this amendment exercise, the consequences would really be unthinkable.

In fact, there are diverse forms of democracy and we cannot say that only direct election is the right one. Moreover, we all know that even if the Chief Executive or Members are elected by universal suffrage or by "one person, one vote", they cannot solve all the problems in Hong Kong. Therefore, we must 6362 LEGISLATIVE COUNCIL ― 26 May 2021 accept institutions that are conducive to the reality of Hong Kong. The amendments proposed under this Bill are all well thought out, and each of them is conducive to good governance in Hong Kong, so I think we should adopt them. Under the new electoral system, I believe there is still room for the law-abiding opposition to participate in politics. However, in the future, all the members of the legislature should be people who love our country and Hong Kong, rather than those who want to burn with Hong Kong. Under such circumstances, I believe Hong Kong can get back on the right track and start afresh. Therefore, President, I fully support this Bill. I so submit.

MR JEFFREY LAM (in Cantonese): President, today is a historical moment to Hong Kong because the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") under deliberation by the Legislative Council now can implement "patriots administering Hong Kong" in the electoral system and give impetus to Hong Kong in enhancing the quality and efficiency of governance, thereby achieving good governance and safeguarding Hong Kong's long-term prosperity and stability. Many of my friends in the business and industrial sector have told me that they are eagerly looking forward to the passage of the Bill.

After the implementation of the Hong Kong National Security Law, peace has by and large been restored in Hong Kong but the loopholes and deficiencies of the electoral system have remained, posing direct threats to national security and social stability in Hong Kong. Some time ago the Standing Committee of the National People's Congress endorsed unanimously the amendment of Annexes I and II to the Basic Law, setting out specific plans to further improve the electoral system in Hong Kong, with a view to plugging the loopholes of elections at root and ensuring "patriots administering Hong Kong". This, I think, absolutely has necessity and urgency. The SAR Government is also duty-bound to implement the Decision of the National People's Congress ("NPC") through local legislation, in order to stop anti-China forces from entering the governing structure. Therefore, I will fully support the passage of the Bill.

President, since the handover, we have seen chaos happening during the implementation of "one country, two systems", and this has exposed loopholes in the electoral system of Hong Kong. Particularly in recent years, some anti-China forces and radical local separatists openly advocated "Hong Kong LEGISLATIVE COUNCIL ― 26 May 2021 6363 independence" and attempted to take advantage of the grey areas in the system to paralyse the operation of the SAR Government and even usurp the power to govern Hong Kong. Some politicians from the opposition camp used the platforms of the Legislative Council and District Councils as well as their capacity as public officers to obstruct the policy administration of the SAR Government. They openly advocated ideas in opposition to the country and beat the drum for "Hong Kong independence" forces. They even went abroad to badmouth Hong Kong, inviting anti-China and foreign forces to interfere in the affairs of HKSAR. All these acts have seriously challenged the baseline of the "one country, two systems" principle.

The second half of 2019 saw riots running wild and foreign forces exerting undue influences. Some politicians incited young people to defy the law by flagrantly advocating "Hong Kong independence" and storming the Legislative Council, the Police Headquarters, Central Government Offices, and even offices set up by the Central Authorities in Hong Kong. Tell me, which country will allow these things to happen? Now, the Central Authorities have taken the initiative to mend the loopholes in Hong Kong elections, setting up an electoral system in the light of the actual situation of Hong Kong with Hong Kong characteristics and also providing unchallengeable legal safeguards for implementing "patriots administering Hong Kong". I think this, apart from effectively upholding the national sovereignty, can also safeguard the long-term prosperity and stability of Hong Kong and so, this has profound and far-reaching meaning.

Turning back to the Bill under deliberation today, I must say that its provisions are most specific and detailed. Its coverage is very extensive, setting out in most concrete terms and with great clarity NPC's arrangements for improving the electoral system. The Bill sets out the method for returning the 1 500 Election Committee ("EC") members in future, who will comprise members returned by individual or corporate voters, ex-officio members, and members nominated by designated eligible bodies. It also sets out the lists of bodies or organizations involved in various subsectors. The entire structure is most comprehensive and diversified, bringing into full play the principle of broad representativeness and balanced participation. This is in the overall interest of Hong Kong and helpful to taking forward Hong Kong's democratic development steadily.

6364 LEGISLATIVE COUNCIL ― 26 May 2021

In respect of the Legislative Council, the 90 seats will be made up by 40 seats returned by EC constituency, 30 seats by functional constituencies, and the remaining 20 seats by geographical constituencies through direct elections. These provisions can help incorporate views from various sectors of the community in the process of policy formulation, having regard to the voices and aspirations of various social strata. In the meantime, the newly established Candidate Eligibility Review Committee can also stop anti-China forces from entering the political structure, which is conducive to fully and faithfully implementing the principle of "patriots administering Hong Kong".

President, Hong Kong is an international financial centre. The views of the business and industrial sector and the professional sectors are pivotal to the development of Hong Kong. With the addition of a seat for commercial (third) subsector in the Legislative Council and 15 seats for small and medium enterprises in EC, I think the representativeness of the business and industrial sector in the Legislative Council and in EC will be more extensive, more balanced and more comprehensive. I also believe many of the newly-added 40 EC seats in the Legislative Council in future will be taken up by representatives from the business and industrial sector. To members of the business and industrial sector and young people with political aspirations, this will provide greater room for public policy discussion and participation in politics. I believe competition will still be fierce in future Legislative Council elections. Apart from standing firm and making steadfast commitments, Members of the Legislative Council must also have an in-depth understanding of our country and the ability to make judgments correctly, in order to lead Hong Kong to integrate into the overall development of our country. Politicians must thoroughly understand the problems pertaining to the economy and people's livelihood in Hong Kong and put forward discerning and practicable suggestions for resolving the deep-seated problems in Hong Kong, in such respects as housing, employment, ageing population, economic restructuring, and so on.

President, after being dealt double blows by acts against the proposed legislative amendments and the novel coronavirus epidemic, Hong Kong can no longer afford incessant quarrelling and squabbling. The mainstream public view in society is to seek stability, harmony, and development. We must expeditiously improve the electoral system, in order to ensure that competent patriots will join the governing structure. We can expect that after the passage of the Bill, the governing team under the core leadership of the Chief Executive will have a more clear-cut position and play a more important role. Hong Kong LEGISLATIVE COUNCIL ― 26 May 2021 6365 will hold three major elections in the coming year. It is necessary for the SAR Government to actively implement the Decision of NPC and properly make arrangements for the various elections to be held in the coming year and in the process, it is necessary to listen to the views of various sectors of the community and aptly explain the details to the public. We also expect the SAR Government to provide full support for the implementation of the "patriots administering Hong Kong" principle by, among others, introducing reforms to the recruitment and training of civil servants and to education, and also stepping up publicity so that the principle of "patriots administering Hong Kong" can take root in the hearts of the people.

President, after the improvement of the electoral system, "one country, two systems" will move into a new phase. I hope that various sectors of the community will stand united and adopt a rational attitude again, focusing attention on resolving the deep-seated problems in society, including problems relating to housing, land, poverty and employment. Hong Kong should also adopt an overall perspective and a long-term vision of achieving development jointly with the country for reciprocal benefits, in order to open up a new phase for revitalizing the economy and improving people's livelihood. After its formation, the new Legislative Council should also display a new style of work by enhancing the quality of public policy discussion and work efficiency, so that investors will feel at ease in making investment in Hong Kong and all the citizens of Hong Kong can live a peaceful and contented life.

With these remarks, President, I support the Bill.

MS ALICE MAK (in Cantonese): President, I speak in support of the resumption of the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill").

President, I had a lot of thoughts when I came back this morning. Members may recall that about two years ago on 12 June 2019 when the Second Reading debate on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 was resumed, I was one of the few Members who could enter the Complex on that day. The chaos of that day is still vivid in my mind. The few of us who were able to return to the Complex will, I believe, never forget the chaos and danger of that day.

6366 LEGISLATIVE COUNCIL ― 26 May 2021

The stability of the Legislative Council and Hong Kong society today is a far cry from what it was two years ago. It is only thanks to the Central Government's promulgation of the Hong Kong National Security Law that order has been restored to Hong Kong society. President, look at your current seat, which was defaced and vandalized by people who entered the Complex more than a year or some two years ago, on 1 July 2019. I remember that after 1 July, as a member of the Legislative Council Commission, I went into the Chamber with other Members to take a look at the scene of destruction. This Chamber was simply damaged beyond recognition, as seats were vandalized, mill barriers and metal railings were brought in, and meal boxes with leftovers, drinks and rubbish dumped by the rioters were everywhere.

You can imagine the chaos in this Complex. During meetings not only in the Chamber but also in Conference Room 1, the largest conference room, we have observed the most common scenes, including hurling stink bombs, holding black cloth, climbing up and surrounding the President's podium. Let us think about how much valuable parliamentary time had been sacrificed in the past. How many economic and livelihood problems in Hong Kong had yet to be solved? Against this backdrop, the Central Authorities took decisive action by first introducing the Hong Kong National Security Law last year to curb "black-clad violence", and then improving the electoral system in Hong Kong this year to put our legislature back on the right track.

President, in mid-March, after the National People's Congress had announced the improvement of the electoral system in Hong Kong, I had the opportunity to meet with the consuls general of five countries in Hong Kong and several former opposition Members on one occasion. During the meeting, it was I alone versus several of them and they raised many queries and questions, which I answered one by one. I would like to share some of the key points here.

First of all, they kept repeating on that day that the implementation of the Hong Kong National Security Law had greatly eroded the freedoms and rights of Hong Kong people, and that the improvement of the electoral system would restrict the opportunities of Hong Kong people, especially young people, to run for elections and participate in politics. I told them that during the period when black-clad rioters ran amok, people did not even have the freedom to go out, window-shop, dine out or go to the movies, because someone would "shop with you" in the shopping mall for no good reason. If one witnessed a bunch of black-clad rioters gather together on the street, he would naturally take out his LEGISLATIVE COUNCIL ― 26 May 2021 6367 mobile phone to take pictures, but there was a chance that he would be beaten up and detained. In one recent case, it turned out that the detainer was a teacher. During the period when black-clad rioters ran amok, people really lost their freedom.

After the implementation of the Hong Kong National Security Law, if one asks what freedoms people have lost, I think one freedom has been lost, namely the freedom to subvert the regime, collude with foreign forces and overthrow the government, but this is against the law. Some people say that legislating to improve the electoral system will restrict young people's chances of standing for election and participating in politics, but this is actually gratuitous. In fact, the purpose of improving the electoral system is simply to implement the principle of "patriots administering Hong Kong", which only excludes those who oppose China and disrupt Hong Kong from the system. If a person has not colluded with foreign forces, and is not a subversive element that opposes China and disrupts Hong Kong, he will not, whether he is a young person or regardless of his age, be excluded from the electoral system and will not be deprived of the right to stand for election.

Some people say that after the improvement of the electoral system for the Legislative Council, there will be only one voice in this Council. In fact, as we can see, since the resignation en masse of Members from the "mutual destruction camp" in November last year, there has been not only one voice in this Council, and we have had many rational debates on many policy issues. In fact, why does the Central Government want to improve the electoral system? I think that this aims to not only solve the political problems in Hong Kong but also solve some of its deep-rooted problems. For this reason, I very much encourage some opposition figures to run in the election. Even if we have different political views, they should, as long as they are patriots who love our country and Hong Kong, run in the election and work together to solve Hong Kong's problems in this Council. We hope that there will be different voices in this Council, but our only goal is to solve some deep-rooted problems for Hong Kong and make people happier.

In addition, at the gathering on that day, a foreign consul also said that after the improvement of the electoral system, the election would only become a game for the pro-establishment camp to scramble for seats, allowing only the pro-establishment camp to grab a seat and sit down. On the contrary, I think 6368 LEGISLATIVE COUNCIL ― 26 May 2021 that after the improvement of the electoral system, it will only make the pro-establishment camp more united, because under the new electoral system, the pro-establishment camp must be more united and cooperative in order to get more votes and seats in this Council. Therefore, this will not make the pro-establishment camp scramble for or grab seats, but will instead make the pro-establishment camp more united. I believe this is what the Central Government had in mind when considering and designing the new system, and this is also their original intention.

President, early this month, I introduced a private bill to prohibit landlords from overcharging water charges and to protect the rights and interests of grass-roots tenants. I am very pleased to have the unanimous support of Members from various political parties and groupings and different sectors in this Council, which shows that Members of this Council are united in doing practical work for the people of Hong Kong. I very much hope that after the passage of the Bill today and the improvement of the electoral system, this Council can operate more efficiently in the future and introduce more private bills similar to the one I have introduced, so as to help the grass roots through different laws and measures, solve the deep-rooted problems of Hong Kong, and enable the people of Hong Kong to have a greater sense of gain, happiness and security. It is the original intention of every politician to work for the well-being of the people.

With these remarks, President, I support the resumption of the Second Reading debate.

MR CHAN HAK-KAN (in Cantonese): President, I speak in support of the resumption of the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"). This Bill is expected to be passed at a later time tomorrow, and I personally feel gratified and happy about it. To Hong Kong, today is a day of great historical significance because the improved electoral system will better reflect the actual circumstances in Hong Kong. It also symbolizes that this Council will return to rational debates and return to its role as a parliamentary assembly focusing on people's livelihood and the economy. It enables the SAR Government to put its efforts into resolving the deep-seated problems of Hong Kong, so that Hong Kong can start afresh and strive ahead.

LEGISLATIVE COUNCIL ― 26 May 2021 6369

President, why did I say just now that I felt gratified about the improvement of the electoral system? Well, I have been a Member of this Council already for a third term, though quite unnoticeably. Just now when I was upstairs writing the script of this speech, I saw in my office many certificates of commendation as well as many photographs that I have taken with members of the public. Then I thought to myself: What was my original intention when I first engaged in politics? It happens that a few days ago (20 May), an interview I gave back on 20 May 1999 was replayed on television. At that time, the reporter asked me this: When the pay was not high for a Member's Assistant or Community Organizer and the job was so demanding that one literally had to do everything all by himself, why did I still do this job? I replied at the time that if I could serve the people of Hong Kong and serve Hong Kong in my position, even though I could make only some trivial improvement to the community, I would feel very happy.

As my position changed, I have had contacts with more and more people. Over the years, I have come to appreciate the truth that we must have stability in Hong Kong because stability concerns every family and every member of the public. In Hong Kong, no one will wish to see chaos here, unless he does not love this place. I recall that a decade or so ago when I first took part in elections, a gentlemen came to me and said, "CHAN Hak-kan, I do not 100% agree to the convictions of the Democratic Alliance for the Betterment and Progress of Hong Kong but I agree 100% that there must not be chaos in Hong Kong." Back then I did not quite understand what he was trying to say. But as I attained more personal growth, especially as we saw two years ago that Hong Kong society had been instigated by the opposition camp and suffered a blow from the riots, the social disturbances back then made me deeply understand how important it is for stability to prevail in society, and this, even being such an ordinary thing, is not easy to come by. Therefore, safeguarding the long-term prosperity and stability of Hong Kong is actually safeguarding the livelihood of Hong Kong people, and the politics that we are talking about here every day is actually not something as illusory or abstract as described by the opposition camp. The politics that we are talking about is the livelihood of Hong Kong people and the economic development of Hong Kong.

I recall that the first day when I joined this Council, I told myself that I must make full use of this position to help solve some problems in society because no one could guarantee that I could surely be re-elected and remain in this Council four years later. Therefore, the first motion that I proposed in this Council was a "four-pronged" motion on caring about the education, 6370 LEGISLATIVE COUNCIL ― 26 May 2021 employment, housing, home acquisition and business start-up problems faced by young people. So, since my first day, I have hoped to make use of this platform to solve these problems. But a decade or so have passed, and it seems that there is not much I can do. Some people may say that I am not competent enough or the community or the Government has attached little attention to these problems, which may be true. But what is most important is that in this Council, many things were holding us back. At first I thought that I could do a lot of things after joining this Council and it turns out to be quite a different case. In retrospect, I found that we were unable to do a lot of things because many Members, especially the opposition Members, did not work with the intention of serving the public. So what is their intention when they joined the Legislative Council? Their intention was to filibuster, to cause damages, and to waste the time of this Council. Of course, in this Council, even the pro-establishment Members have different views on political issues but it is fine so long as we have the same intention to serve the people and to serve Hong Kong. When the opposition camp was filibustering and causing damages in this Council, and when we wanted to move forward, they held us back and we had to move one step backward and at the end of the day we remained stagnant. Regarding some livelihood issues and deep-rooted conflicts that we had wanted to tackle for the past decade or so, it was impossible for them to be dealt with, and a main reason for it is that they were bogged down by filibustering.

Of course, people may say that there are trouble-makers everywhere. But if we let trouble-makers into the Legislative Council, the consequences will be very serious, just as I explained in the concrete examples that I cited earlier on. Therefore, we can see that the previous electoral system is actually problematic. With the improvement of the electoral system now, more people who aspire to serve the public and more people who are competent, committed and sincere in serving the public can join the Legislative Council. They can even run for the office of the Chief Executive.

President, you may ask me what the difference is between trouble-makers and people who do their jobs. Where is the division line? What are the criteria? Will they change as often as the opposition camp has said? In fact, the standard has never changed and that is, upholding the Basic Law and swearing allegiance to the HKSAR, and in other words, "patriots administering Hong Kong". This absolutely is not a new standard. This standard was already laid down when Mr DENG Xiaoping designed and proposed "one country, two systems". Therefore, the core spirit of these legislative amendments is to fully implement the principle of "patriots administering Hong Kong". To this end, the LEGISLATIVE COUNCIL ― 26 May 2021 6371 electoral system of the Legislative Council must be able to choose virtuous and capable people. It must be able to choose people who do solid work and exclude trouble-makers, and only in this way can the Legislative Council perform its duties. Otherwise, what happened in the past will keep recurring and during every meeting, there will be quarrels and people charging the President Podium and then being expelled or taken away, people hurling stinking liquid, and meetings being suspended over and over again with endless bickering but nothing being done.

President, our political system falls within the jurisdiction of the Central Authorities. The Central Authorities must have made in-depth and thorough consideration in making this series of decisions. As an official of the Central Authorities has said, the Central Government holds the primary responsibility for ensuring full and faithful implementation of "one country, two systems" and the Basic Law, and for upholding the Constitution and the constitutional order established by the Basic Law. In view of the loopholes and risks of the previous electoral system in Hong Kong, the Central Authorities have the power and duty to make improvements.

Today, each and every Member in the Chamber is working very hard to scrutinize and debate this Bill which seeks to improve the electoral legislation. We also hope to clarify some wrong messages through this debate. Some members of the opposition camp said that the Central Authorities, in proposing to improve the electoral system, actually do not aim to improve the system but to exclude people from the opposition camp. This is, in fact, a tactic consistently used by the opposition camp. I wonder if they genuinely do not understand "one country, two systems" or they are deliberately distorting "one country, two systems" in describing a clearly improved system as a retrograde system. For a period of time, we have seen that this Council has still operated effectively. Regarding motions or funding requests put forward by the Government, if the Government is not doing its job, Members will make criticisms all the same and the Government's funding requests may not necessarily be endorsed by the Legislative Council. This shows the importance for this Council to say what is right as right and denounce what is wrong as wrong.

Therefore, President, let me expressly state again that I support the resumption of the Second Reading debate and Third Reading on the Bill. Thank you.

6372 LEGISLATIVE COUNCIL ― 26 May 2021

MR WILSON OR (in Cantonese): President, the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") is resumed today. Members have held 17 meetings, or a total of 47 hours, to discuss and examine the Bill. As a member of the Bills Committee, I strongly support and look forward to the early passage of the Bill. The Bill is a milestone in Hong Kong's transition from chaos to stability and a pillar of the ocean securing the long-term and steady development of Hong Kong. It is expected to disperse the clouds for Hong Kong and bring a fresh start for the steadfast and successful implementation of "one country, two systems".

President, in the following speech, I will express my views and the public's opinions on the past, present and future, particularly on some fallacious arguments of the opposition. Since the handover, the Central Authorities have implemented "one country, two systems", "a high degree of autonomy" and "Hong Kong people administering Hong Kong", giving ample room for Hong Kong people. Regrettably, during the 24 years since the handover, some Hong Kong people have abused the freedom of speech by advocating protest, "Hong Kong independence" and "black-clad violence", and have even promoted the idea of secession. Hong Kong's future has almost been ruined.

President, we can see in the past that the gang of anti-China disruptors has been leveraging on elections. Whenever an election is approaching, they will mobilize large-scale movements on the streets to incite the public, stir up public misunderstanding of the country and negative sentiments towards the governance of the SAR Government. What is the purpose of doing so? To harvest votes in elections. The fact set before our eyes is that the opposition is "all destructive but not constructive". This is evident from the concrete examples of the opposition to legislation on Article 23 and the implementation of national education, the launching of the Occupy Central movement and the "black-clad violence" in 2019. In the past 8 to 10 years, the opposition had promoted violence in the legislature, initiated filibusters, aborted meetings, proposed motions of adjournment and stormed big and small meetings in the Legislative Council. All these were attempted to wreck mutual destruction in economic and livelihood issues with a view to paralysing the operation of the Government. To achieve their ultimate goal to seize power, they bring all livelihood issues to a standstill.

President, I believe many members of the public, including colleagues of the Legislative Council now present, would remember the scene in this photograph. On that day, a group of black-clad people charged the Legislative LEGISLATIVE COUNCIL ― 26 May 2021 6373

Council. President, we have calculated the amount of public money we need to spend on the repair works of the Legislative Council. How much have been spent? Close to $40 million. President, there is no need to waste such public money and spend it in this way. Had we been able to spend the money on livelihood policies, the public would have benefited. As such, I think this photograph will certainly arouse strong feelings among the public.

(THE PRESIDENT'S DEPUTY, MS STARRY LEE, took the Chair)

After the mass resignation of the "mutual destruction camp" in last November, the legislature has been able to focus on livelihood issues, where many backlogged proposals have been examined and passed and many livelihood projects can be implemented. How do the public feel? Deputy President, the public definitely hate these "trouble makers". After making a mess, they simply stand up and wash their hands of the issues. No one knows where they have fled. What about the real Hong Kong people? Deputy President, in the midst of "black-clad violence" and epidemic, they hold on to endure the difficulties, they maintain operation for the sake of Hong Kong and protect Hong Kong.

Deputy President, another opinion of the public which I have heard most often is that they have aspirations towards the Government and they do not want the Government to act cowardly. Deputy President, all along, the authorities have been hamstrung by the "all destructive but not constructive" opposition and have even made repeated compromises in response to the above acts. The authorities can hardly make progress in governance. Deputy President, fortunately, the Central Authorities have acted promptly to provide a clear direction for Hong Kong, thus enabling Hong Kong to consolidate and enhance its strengths and to restore law and order. Earlier on, the State enacted the Hong Kong National Security Law and implemented the guiding principle of "patriots administering Hong Kong", so that the storm and chaos in Hong Kong's turbulent time will soon be over.

The Bill has updated the method for the formation of the Legislative Council since the handover in one go, with a higher proportion of Members of the Legislative Council to be returned by the Election Committee ("EC") via election, the reconstitution of EC and the improvement of the selection method of the Chief Executive. Moreover, the overall election operation will also be 6374 LEGISLATIVE COUNCIL ― 26 May 2021 improved, not only by amending the procedures of voter registration and voting, but also by prohibiting anyone from openly inciting other person to cast blank vote or not to vote.

Deputy President, the most important point is to clarify the close link between "patriots administering Hong Kong" and "one country, two systems". Both Hong Kong and the Mainland belong to one China. If public officers of Hong Kong do not love the country, disagree with the principle of "one China" and oppose the country on various fronts, how can they exercise their public powers properly and perform their duties responsibly?

No country will allow individuals who do not love the country to be part of the administering team. Yet, in the past, some Members of the Legislative Council have travelled abroad to call on overseas countries to sanction Hong Kong and the country. Worse still, they "bad-mouthed" Hong Kong and blatantly infringed on the sovereignty, security and overall development interests of the country. Therefore, the legislative amendments proposed this time around seek to convey a clear message that these people should never be allowed to join the body of power.

The newly amended Annexes I and II to the Basic Law add the newly established Candidate Eligibility Review Committee to play the important gate-keeping role. Individuals given the opportunity to join the political structure of Hong Kong understand that they have to be patriots. They will devote themselves for the good of Hong Kong and the country, so there will no longer be cases where people receiving pay from public money keep acting against the interest of Hong Kong.

Deputy President, I would like to take this opportunity to clarify some fallacies put forth by the opposition. Of course, they do not want to improve the electoral system, for their ultimate goal is to make a mess in and besmirch Hong Kong. They have not merely "bad-mouthed" Hong Kong but have also cited some examples which I must refute today. First, what I have heard most often is that Hong Kong will not have universal suffrage after the improvement of the electoral system this time around and this is a big regression in democracy. However, I would like to remind those who are watching the television that the provisions of Articles 45 and 68 of the Basic Law concerning the methods for selecting the Chief Executive and the formation of the Legislative Council remain unchanged. Deputy President, not a word has been changed. Deputy LEGISLATIVE COUNCIL ― 26 May 2021 6375

President, not a word has been changed―important issue must be said thrice. Deputy President, the ultimate aim of implementing universal suffrage is still safeguarded by the Basic Law. This is the first point I have to make and refute.

Second, in my view, EC will become more democratic with broader representation after amendment, for the number of members will be increased from 1 200 to 1 500 and the number of sectors will be increased from four to five. Deputy President, as the Fifth Sector has introduced Hong Kong deputies to the National People's Congress, Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference and related national organizations to EC, this will reinforce the close liaison between the country and SAR and carry through the close link between the country and SAR as a whole. Should this be regarded as regression in democracy? Deputy President, this does not make sense.

Moreover, the number of seats in the Legislative Council will be increased from the existing 70 to 90. Recently, we are discussing the expansion of the Legislative Council Complex to cope with the coming new norm in policy discussion. These cannot be regarded as regression. I consider this gradual and orderly progress and balanced participation. Certainly, the opposition will not accept these democratic procedures no matter what we say, for they play by their own rules. In my view, the facts are set before our eyes, and these smears and distortions will not succeed.

Deputy President, the implementation of "patriots administering Hong Kong" will eliminate any chance for the opposition who have all along been anti-Country and anti-Hong Kong to infiltrate our political structure to stir up troubles. I want to tell them: "Had they known the consequence, why would they have done so in the first place?" They should have expected of being disqualified when they played the traitor.

Another argument put forth by the opposition is that the Central Authorities will forcibly intervene and even dismantle the political system in Hong Kong after the improvement of the electoral system this time around. I want to express my attitude and tell them that after the handover, the political structure of SAR is the prerogative of the Central Authorities. The Central Authorities have the authority to introduce improvement to the electoral system at the essential stage to prevent the "mutual destruction camp" and foreign forces from attempting to attack Hong Kong.

6376 LEGISLATIVE COUNCIL ― 26 May 2021

Deputy President, I have to point out that looking ahead, I strongly believe all the people of Hong Kong will aspire for stability, and I have heard people on the street expressing this desire. I hope that after the improvement of the electoral system, the SAR Government must adopt a normal mindset as soon as possible and make continuous effort to take Hong Kong forward. It should bring home the painful lesson learned and reinforce its governance to let the public feel that we can be better in various aspects than in the past. The Government should also focus on the economy, improving people's livelihood, strengthening governance and enhancing efficiency in administration.

Once again, I implore the public to support the improvement of the electoral system as we do, for after the improvement of the electoral system, the public will surely feel happy and safe.

Deputy President, with these remarks, I fully support the Bill. Thank you, Deputy President.

MR LUK CHUNG-HUNG (in Cantonese): Deputy President, I rise to speak in support of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") to implement "patriots administering Hong Kong".

Deputy President, what is the biggest conflict in international relations while the world is now facing the most drastic changes in a century? Deputy President, I think it is peaceful development, a win-win situation to achieve mutual benefits, just like our country's development philosophy to fight against the exploitation of developing countries by imperialism. This is the biggest conflict. Under such an international atmosphere, Hong Kong has unfortunately become the front line of international conflicts. Let us recall the development in the past few years. We have experienced the Occupy Central movement in 2014, the Mong Kok riot in 2016 and the "black-clad violence" during the movement of opposition to the proposed legislative amendments in 2019.

Fortunately, we have now halted chaos and restored order in Hong Kong. Apart from the efforts of Hong Kong people, including the Police and everyone present in the Chamber, and more importantly, this is attributed to the actions taken by the Central Authorities. The Central Authorities implemented the Hong Kong National Security Law on 30 June last year to deter the "mutual destruction camp" from committing unlawful acts such as subversion, advocating LEGISLATIVE COUNCIL ― 26 May 2021 6377

"Hong Kong independence", terrorism, collusion with foreign forces, so that we have a law in place to comply with and enforce. A relevant decision has also been made on the eligibility of Members of the Legislative Council to kick out those Members from the "mutual destruction camp" who bite the hand that feeds them. This year, the Central Authorities stepped in again and made a decision to improve the electoral system of Hong Kong on 11 March 2021 by passing the newly amended Annexes I and II to the Basic Law. Now that we have come to the final critical moment today with the Second Reading debate of the local legislation resumed in the Legislative Council, I believe the Bill will be passed very soon and the hijacking of Hong Kong by the "mutual destruction camp" will become history. Having served as a Member for more than four years, I think this is one of the most important achievements of our legislature. Through this legislative amendment exercise, we can implement "patriots administering Hong Kong" and kick out the "mutual destruction camp", in order to stop the "mutual destruction camp" from attacking the State and damaging Hong Kong with public money.

As we all know, the power of Members of the Legislative Council is very important, as we are empowered to make legislation and approve financial proposals. Moreover, we can receive public money of almost $10 million for each term of office, which can be spent on the salaries and allowances of Members and the expenses of Members' offices, etc. It is actually a very important public office. In the past, the "mutual destruction camp" made use of this very lenient electoral system to "enter the establishment but oppose the establishment", subvert the State power, and even make some remarks advocating secession and "Hong Kong independence". What is even more outrageous is that they receive public money and then go to the United States or other European and American countries several times a year to bad-mouth Hong Kong and ask some foreign politicians to impose sanctions on Hong Kong and the State. How can the economy, politics and people's livelihood flourish under such a political environment?

Our economy has been overtaken by Shenzhen, our neighbouring city, and by Singapore as well. While they are working pragmatically on improving the economy and people's livelihood, Hong Kong is beset by political disputes every day. How can the people lead a good life then? The economy is stagnant with a widening gap between the rich and the poor, the living environment is getting worse, but the acts of this gang of people from the "mutual destruction camp" in the past are very shameful. I must criticize them for one thing and that is, they 6378 LEGISLATIVE COUNCIL ― 26 May 2021 always profess to like or support something, but are afraid of it in actual practice. What does that mean? They keep claiming that they want something very much and they want to pursue certain values, but when the Government says it will do it, they will then try to stigmatize it by all means to pull it down. The most obvious example is that we had a chance to elect the Chief Executive by universal suffrage, but they vetoed the proposal to elect the Chief Executive by universal suffrage in 2015. The election of the Chief Executive by universal suffrage should have been something within our easy reach, but this gang of people keep talking about democracy while they are actually anti-democracy, such that the people have not been able to elect the Chief Executive by universal suffrage up to the present.

With respect to people's livelihood, the "mutual destruction camp" keeps claiming that it is gravely concerned about the housing shortage faced by the public. But then, whenever there are plans for land development, reclamation and land resumption, they will try every means to stir up conflicts to obstruct land resumption and reclamation, and make a big fuss out of a trivial matter, therefore making land development even more difficult in the end. From this we can see that these politicians are doing this for nothing but their votes and personal interests. Because the "mutual destruction camp" knows that if there is progress in the democratization of Hong Kong, it cannot take this opportunity to attack the Government; if people's livelihood is improved, the votes against the Government for them will drop. Therefore, it is the true nature of the "mutual destruction camp" that they do not want to see Hong Kong fare well.

They became more ridiculous after stepping into 2019. Their so-called "three no's" policy of "no division, no severing ties and no snitching", which completely confounds right and wrong, is still vivid in our mind. They opposed the Fugitive Offenders Ordinance since they had to harbour fugitives. They created more conflicts and clashes through advocating violence and telling lies over and again. They have completely degenerated as they did not dare to condemn those people even when they broke into and vandalized the Legislative Council Complex. This degeneration is not only confined to the radical opposition camp, but even those who used to be known as pan-democrats, they have also completely degenerated to become the "mutual destruction camp". This is precisely the process. Therefore, under our new social system, Hong Kong must set a new course and we must not allow these people to interfere with the development of Hong Kong again. More and more issues have been revealed recently, such as the recent announcements made by the courts, and LEGISLATIVE COUNCIL ― 26 May 2021 6379 including the case in which a young woman was said to have her eyeball ruptured which is being discussed recently. More and more issues have driven the people of Hong Kong to sharpen their eyes and look at the facts.

Coming back to the electoral system, this amendment exercise will indeed bring about a drastic change. We have to improve our electoral system, but I wish to say that it will even improve our political system and democratic system as well. In fact, democracy is an essential element of every political system, but what is democracy? Deputy President, I think democracy encompasses two dimensions. One of them is institutional and procedural democracy, which refers to the electoral system; the other is substantive democracy, which refers to whether the system can bring about a better life to the people, whether it can bring about good governance, and whether it can solve social problems. We must design our democratic process having regard to our goals, rather than relying on some academic textbooks on politics to design our democratic system in a dogmatic manner.

When it comes to procedural democracy, universal suffrage on the basis of "one person, one vote" is certainly regarded as the best in the Western style. The Basic Law has also expressed this direction, there is no change. Article 45 of the Basic Law states the goal of electing the Chief Executive and the Legislative Council Members by universal suffrage. However, we have made detours in the course of the process and there was chaotic situation in society. As a result, we hope that through the new electoral system and the Election Committee approach, we can weaken the power of populists, radicals and those with vested interests, as well as reducing the possibility of the legislature being hijacked. In addition, the establishment of the Candidate Eligibility Review Committee is to prevent the "mutual destruction camp", those who wreak havoc on the country and Hong Kong from entering the legislature downright. We have talked about these before. Therefore, the entire political system is designed in response to the aim of achieving good governance, which is different from some so-called democratic countries. We can see that they are doing something anti-democratic under the banner of democracy amid the pandemic, saving merely the market but not the people. On the contrary, our State is doing much better than those so-called democratic countries.

As such, I think the political system currently designed must manifest the spirit of liberation and pragmatism. We need to face the future. We have wasted too much time. We, friends from the constructive force, should 6380 LEGISLATIVE COUNCIL ― 26 May 2021 strengthen all aspects of development in society. We must identify more talents in society to enter the legislature and the Government, put forward better suggestions to the Government in various advisory bodies, play a role in various residents' organizations, unite the community, etc. in the hope of improving our society through various means. Apart from institutional improvements, the actual operation of democracy should also be improved to achieve the ultimate aim of improving the life of the people, so as to take the development of "one country, two systems" to a new height. Thank you, Deputy President.

MR HOLDEN CHOW (in Cantonese): Deputy President, I speak in support of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill"). Deputy President, the Central Authorities have indeed saved Hong Kong. Finally, the Hong Kong society has returned to peace and calmness after the passage of the Hong Kong National Security Law, which has produced a shock-and-awe effect so that our society will no longer be threatened by the "black-clad violence". And through the arrangements to improve the electoral system, we can further plug the loopholes in the electoral system.

Where are the loopholes? Let us look back: we should have all along asked whether "patriots administering Hong Kong" has been fully implemented. In the past, there were indeed some loopholes and shortcomings in the implementation of "patriots administering Hong Kong". Now, given the Central Authorities' decision on improving the electoral system and by way of local legislation, after the passage of the Bill, we will be able to officially plug these existing loopholes in the electoral system, in the hope that "patriots administering Hong Kong" can be truly and fully implemented.

We all know, as evidenced by the "black-clad violence" in 2019, how much damage the loopholes in the electoral system can do. What we saw first was that Members of the Legislative Council went so far as to use their public office and official positions to blatantly collude with foreign forces, asking them to sanction Hong Kong and attack China and, both explicitly and implicitly, supporting the riots at that time. We have even seen acts that were basically secession and supportive of the "Hong Kong independence" behind the scenes. We have seen that some people, particularly Members of the Legislative Council, have made use of their public office and official positions to actually achieve the goals of jeopardizing national security such as secession. We all the more feel that it would be rather perilous if we see these loopholes but allow them to persist LEGISLATIVE COUNCIL ― 26 May 2021 6381 without plugging them and allow such people to continue to jeopardize national security in the future. Today, we have made a choice to enact local legislation in the hope of plugging these loopholes, so that situations like the "black-clad violence" or riots in 2019 will not happen in Hong Kong again, because we can see that people had really suffered enough from the "black-clad violence" back then. Therefore, loopholes in this respect must be plugged.

Deputy President, after the National People's Congress announced the decision on improving the electoral system, there have been a lot of discussions in society. I would like to especially mention the several quintessences of the improvement of the electoral system, which I wish to repeat here. In particular, as regards the improvement in the electoral system, we are aware that the composition of the Election Committee ("EC") has been increased from 1 200 to 1 500 members. At the same time, we can see that the number of seats in the new Legislative Council will increase from 70 to 90, with 40 of the 90 seats to be returned by EC, 30 by functional constituencies and 20 by geographical direct elections. In fact, we can see that the spirit of balanced participation is particularly evident in the reconstituted composition, because we must not forget that the design of our social and political system carries an emphasis on balanced participation of all sectors. We see that the spirit of the design behind the new EC constituency is that we hope the future 40 EC members will not only represent various sectors, but also look at issues from a macro perspective in the Council. In other words, the future Council will be more able to deal with Hong Kong's problems from the perspective of overall interests. In particular, with the new EC seats, it will be possible to transcend the interests of some existing sectors or the interests of the local communities, especially in times of conflicts between the interests of the local communities and the overall interests, so that a balance can be struck and a consensus can be reached from the perspective of overall interests and then we can all move forward. This is crucial because we know that, as a matter of fact, in addition to a design system that highlights balanced participation with the voices of different representatives from various sectors, the Hong Kong society also needs a mechanism―we cannot deliberate without deciding―to reach a final decision and then move forward. Therefore, I consider that the improvement in the electoral system will enable the future Legislative Council to focus on the overall interests of Hong Kong. I believe Hong Kong can continue to move forward.

At the same time, I have to stress over and over again that we hope the future Council will no longer be entangled in some political disputes. As we know, each time an election was held, the "mutual destruction camp" would 6382 LEGISLATIVE COUNCIL ― 26 May 2021 incessantly instigate and brew conflicts between Hong Kong and the Mainland, and even incite some anti-China and anti-national sentiments to win the support of the public through such vicious acts. Fortunately, after the implementation of the improved electoral system, we believe that we will no longer be embroiled in such sentiments that incite people to act against the country and China or conflicts between Hong Kong and the Mainland. We will no longer need to deal with such matters and the Hong Kong society and the Council can focus on dealing with issues and problems about people's livelihood.

Of course, the Candidate Eligibility Review Committee ("CERC") is also involved. I have to make it clear over and over again that CERC is a gatekeeper to ensure that candidates truly meet the criteria for a "patriot" and will not be people that oppose the Central Authorities and cause disturbances to Hong Kong. I consider we have to make it clear that such gatekeeping is needed. Of course, earlier a lot of media and even foreign media have often smeared us for improving the electoral system. In fact, whenever they said so, I myself observed that: firstly, the concepts should be clearly understood, and the political system of each place should be determined according to the actual local situations, rather than forcibly duplicating or copying the systems of other places, which does not work. Secondly, many notions of the west world suggest that their political systems must be followed, that every seat must be elected by "one person, one vote" and that only a design without any gatekeeping is deemed perfect. From their perspective, it is the case. But what we see in reality is that if we apply this design to the Hong Kong society, at this moment we can see that it is not the right design. Our system should be designed according to our actual local situation, and our actual local situation is that, indeed, there is no gatekeeper whatsoever to tackle anti-China disruptors who use their public offices and official positions to commit acts jeopardizing national security, so how can we not have a gatekeeper? We have seen such situations happen and we cannot stand idly by. Moreover, I stress over and over again that through the improvement in the electoral system, we hope that Hong Kong can achieve good governance and concentrate on dealing with livelihood issues in the future, so that Hong Kong can continue to move forward and do a good job in respect of "one country, two systems", and seize the opportunities given to us by our country which will allow Hong Kong to start anew for development.

Deputy President, I so submit.

LEGISLATIVE COUNCIL ― 26 May 2021 6383

MR KENNETH LAU (in Cantonese): Deputy President, the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") was gazetted on 13 April and read for the First time at the Legislative Council meeting on 14 April. Then the Bills Committee was formed on 16 April.

After more than a month of hard work by the Legislative Council, the Bill is finally tabled today for resumption of the Second Reading debate. Heung Yee Kuk, the constituency to which I belong, supports the Bill and the amendments to be moved by the Secretary for Constitutional and Mainland Affairs.

Over the past 20-odd years since the handover of sovereignty, our country has been developing at a rapid pace, making achievements on various fronts attracting worldwide attention, and providing numerous opportunities for Hong Kong. Yet regrettably, Hong Kong has not grasped such opportunities properly, resulting in the stagnation of development and continuous deterioration of people's living standard, which is a great pity. The reason is that since the handover of sovereignty, the opposition camp entered the Legislative Council and District Councils through loopholes in the electoral system. Abusing the procedures on the platforms of the Legislative Council and District Councils, they obstructed the Government's administration. As a result, many bills related to people's livelihood could not be passed and a large number of infrastructural projects were delayed, thus breaking the "rice bowls" of many people.

Worse still, the opposition camp not only refused to stop. They even went further to become the camp of "mutual destruction", "black-clad violence" and "Hong Kong independence". Not only did they want to seize the power to govern Hong Kong, they even colluded with external forces in an attempt to make Hong Kong secede from the Motherland, seriously jeopardizing the long-term prosperity and stability of Hong Kong society and challenging the bottom line of "one country, two systems". The situation reached such a point where the Central Authorities must step in.

Since 2019, Hong Kong had been plagued by "black-clad violence". The Legislative Council Complex was wrecked. Mainland-funded organizations were vandalized. Members of the public were indiscriminately attacked by black-clad people. Rushing around on duties, the Police were tired out. I believe what happened is still vivid with lingering fears in the minds of many people. In 2020, the Central Government finally stepped in to enact the Hong Kong National Security Law, which immediately produced a formidable deterrent 6384 LEGISLATIVE COUNCIL ― 26 May 2021 effect. It not only quelled the months of social unrest, but also brought to justice lawbreakers who opposed China and stirred up trouble in Hong Kong with intent to endanger national security. However, there were still loopholes in the electoral system of SAR. The Legislative Council was unable to elect the Chairman of the House Committee for seven months. The National Anthem Bill, which sought to uphold the dignity of the country, was delayed for more than a year. Major and minor bills beneficial to people's livelihood and the economy were delayed indefinitely, making Hong Kong almost ungovernable. Sharing the feeling of helplessness at that time, I could not help but ask when Hong Kong could get out of the predicament and make a fresh start.

To thoroughly resolve the problem, the Central Government stepped in again to improve the electoral system of SAR at the national level so that Hong Kong can put things right and restore order from chaos. I believe it is only when "one country, two systems" is fully and accurately implemented that Hong Kong may enjoy long-term stability and safety, and democracy can develop in a healthy manner in Hong Kong.

On 11 March this year, the National People's Congress ("NPC") passed the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region ("the Decision") by an overwhelming majority vote. At the meeting on 30 March, the Standing Committee of NPC adopted the amended Annexes I and II to the Basic Law to improve the methods for the selection of the Chief Executive and formation of the Election Committee ("EC") and the Legislative Council, giving precisely the right prescription for the malady. It was an important step towards the implementation of "patriots administering Hong Kong". It is legal, constitutional, reasonable and sensible.

Deputy President, the core element of this exercise on improving the electoral system is the reconstitution of EC. The number of EC members will be increased from the present 1 200 to 1 500. In the newly added Fifth Sector, HKSAR deputies to NPC and HKSAR members of the National Committee of the Chinese People's Political Consultative Conference will serve as ex-officio members, while representatives of Hong Kong members of relevant national organizations will elect members from among themselves. It will not only make EC more broadly representative but also ensure that EC members are exclusively patriots who examine issues from the big picture of national development. The interests of national security and development will thus be more fully protected.

LEGISLATIVE COUNCIL ― 26 May 2021 6385

EC is vested with two new important functions, namely, to elect 40 Legislative Council Members from the EC constituency and to participate in the nomination of all the candidates in the Legislative Council election and candidates in the Chief Executive election. It is entirely consistent with the overall interests of Hong Kong for EC to elect a larger proportion of Legislative Council Members. It will also encourage more capable people to join the Legislative Council and help the Council better perform its constitutional duties while complementing the SAR Government and keeping checks and balances on each other.

The requirement for EC members to nominate candidates in the Chief Executive election and participate in the nomination of candidates in the Legislative Council election can enhance the representativeness and legitimacy of the candidates. Consequently, the candidates must take into account the interests and demands of different sectors, and at the same time incorporate the interests of various sectors, groups and districts into the overall interests of Hong Kong society.

The increase in the number of seats in the Legislative Council from 70 to 90 will give the Council a broader public mandate. In particular, I would like to point out that Heung Yee Kuk has retained its functional constituency seat in the Legislative Council while its seats in the EC subsector have increased, which fully manifests the Central Government's trust and support for Heung Yee Kuk. I wish to express my heartfelt gratitude for this support and trust.

Deputy President, the Bill is one of the more complex and extensive ones seen in recent years, involving necessary amendments to eight principal Ordinances and 24 items of subsidiary legislation. After the hard work of Honourable colleagues in the Bills Committee, the Second Reading debate can finally resume today. I believe that the general public in Hong Kong supports the Bill. As a matter of fact, within just a few days after NPC passed the Decision on improving the electoral system in Hong Kong, the pro-establishment camp collected 2.38 million signatures from the public rendering their support. It shows that NPC's Decision is the people's wish. We all hope that the electoral system can be improved as soon as possible so that society can get back on track and focus on economic development and improving people's livelihood, as well as ensuring the steadfast and successful implementation of "one country, two systems" and long-term stability and safety of Hong Kong.

6386 LEGISLATIVE COUNCIL ― 26 May 2021

Deputy President, on behalf of Heung Yee Kuk, I once again express support for the passage of the Bill. I also thank the Government for listening to public opinion and making over 400 amendments. A lot of complex and extensive work is yet to be done in the future, including the re-delineation of the five geographical constituencies into 10, and the voter registration work arising from the new constitution of the EC constituency. The Government must properly explain to all sectors how the legislation will be implemented. After all, different sectors may not have a full understanding of the implementation of the new legislation, including under which constituency people with multiple capacities fall, and through which sector they may participate in election. It is necessary to give a clear explanation in order to cope with the three upcoming important elections, such that NPC's Decision can be successfully implemented and Hong Kong can start afresh.

Deputy President, I so submit.

MR CHUNG KWOK-PAN (in Cantonese): Deputy President, I believe Honourable Members must have heard that compromise is the art of politics, and how to compromise is a very profound knowledge. I can tell one thing for sure, and here I can tell all of you that no one among the former Members of the opposition camp or the pan-democratic camp understands politics, and none of them understands how to compromise. Members may recall that on 24 May 2010, three members of the Democratic Party, including Albert HO, Emily LAU and CHEUNG Man-kwong, visited the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region ("LOCPG") for the first time to meet with LI Gang, the then Deputy Director of LOCPG, FENG Wei, the then Director General of the Law Department of LOCPG, and LIU Chunhua, the then Deputy Director General of the Law Department of LOCPG. What happened in the end after that meeting? It ended up that the Central Authorities accepted the Democratic Party's proposal of increasing the number of seats in the Legislative Council from 60 to 70 by introducing the "super District Council" functional constituency in 2012. This exactly proves that the Central Authorities are willing to accept the views of different camps, be it the pro-establishment or the pan-democratic camp. The political reform of Hong Kong has taken a step forward as a result of their acceptance of the proposal at that time. Frankly speaking, even though the so-called "super District Council" is a functional constituency―Deputy President, you are returned by this constituency―it is in fact a direct election, a direct election of an extensive scale. This is a progress of democratic elections. LEGISLATIVE COUNCIL ― 26 May 2021 6387

In 2012 during the previous term of the SAR Government, former Chief Executive LEUNG Chun-ying further proposed a political reform package in accordance with the Basic Law, that is, the election of the Chief Executive by "one person, one vote". As we all know, under the principle of "one country, two systems", the Central Authorities absolutely have the right to decide and participate in the handling of the political reform package of Hong Kong. Therefore, the Decision of the Standing Committee of the National People's Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016, which is known as "the 31 August Decision" in short, was passed on 31 August 2014. When the Central Authorities set out some criteria, as we all know, the pan-democratic camp refused to accept them since they believed that it would give rise to a bogus universal suffrage or result in this and that, and they vetoed the proposal eventually. This is precisely a good example to illustrate that the Central Authorities are willing to discuss with different parties and are willing to make compromise, but the pan-democratic camp or the opposition camp did not accept any of the criteria set out by the Central Authorities or the SAR Government. So, what is the result today in the end? The result is that they have all disappeared. This shows that perhaps the situation in Hong Kong would be different today if they were willing to make compromise.

The pan-democratic camp did not accept the Central Authorities' proposal, and overturned or vetoed the political reform package proposed by the SAR Government in 2012. They even staged the Occupy Central incident in 2014 and the "black-clad violence" in 2019, wreaking havoc on Hong Kong. The SAR Government was incapable of handling it. Therefore, the Central Authorities stepped in and enacted the Hong Kong National Security Law last year. Improving the electoral system that we are discussing today is further proposed this year. Anyway, the pan-democratic camp, the opposition camp or the "mutual destruction camp" would not accept whatever is said, so the Central Authorities have proposed a system that they regard as the best for Hong Kong. As a result, we are going to discuss it in these two days, and all of us will support its passage if nothing special happens. This is the only way to ensure the stable development of Hong Kong in the future.

6388 LEGISLATIVE COUNCIL ― 26 May 2021

Honestly speaking, Deputy President, insofar as the textiles and garment sector is concerned, this amendment exercise will also bring about some changes to the sector as our voter base may drop about 60%. Of course, some people in my sector may be somewhat unhappy or dissatisfied, thinking that it is not quite desirable. But the point is, taking the big picture into account, our sector would definitely accept a compromise. Moreover, the greatest impact is that some of them may not be able to vote in December this year. Yet, at the same time, they can join some of the designated chambers of commerce in the textiles industry, and then they will be eligible for voting again in the next term. This being so, I find it absolutely necessary to make compromise when taking the interests of the whole into account, and we should know how to do so as well.

Deputy President, another question is, some people query whether modifying the electoral system today will affect the development progress of democracy. Election is not the sole indicator of democracy. Election on the basis of "one person, one vote" is not necessarily tantamount to democracy. In fact, the concept behind democracy is to be people-oriented and people-based. That is to say, it is the most important for the Government to understand how to be people-oriented and people-based. But unfortunately, the current-term SAR Government has failed to do so, otherwise its overall support rating would not be so low.

Of course, we all expect to see a new scenario if this Bill to improve the electoral system can be passed in these two days. But then, will this new scenario be handled by the current-term Government or the next-term? What is their attitude? We will have to work together, and Chief Secretary Matthew CHEUNG has often said during this period of time that they should enhance communication with Members of the Legislative Council and listen more to our views. But, sorry, Deputy President, just looking at the attitude of Secretary Dr LAW Chi-kwong and Secretary WONG Kam-sing during the question time this morning, we cannot feel that they have changed and are willing to cooperate with us. With so many Members of the legislature having put forward so many views to them, they just replied us in a perfunctory manner and then left. Should there be a change in such attitudes in the new scenario in the future?

Therefore, if this Bill to improve the electoral system is passed today or tomorrow, I believe it will take one term to see if it works smoothly, if it yields the expected result, and whether there is really a new scenario. Especially when the number of Members will increase by 20 to 90, time is needed to prove whether more hands, i.e. 90 Members, will make light work or whether the LEGISLATIVE COUNCIL ― 26 May 2021 6389

Government will consider its job is done as long as it can secure enough votes to pass its proposals. Of course, all of us are looking forward to a new scenario in which the relationship between the executive and the legislature is one of cooperation and mutual monitoring. Therefore, as Mr Tommy CHEUNG said just now, the Liberal Party supports the improvement of the electoral system in this exercise, and we hope that it can be implemented tomorrow.

Thank you, Deputy President, I so submit.

DR CHENG CHUNG-TAI (in Cantonese): Deputy President, we are now examining the Improving Electoral System (Consolidated Amendments) Bill 2021.

A few months ago, we learnt that the amendments would be made in a single consolidated Bill. I considered it not quite possible. As a matter of fact, numerous principal Ordinances and items of subsidiary legislation were involved. Eventually, as far as I understand it, the Government arranged a so-called framework for scrutiny under which relevant legislative amendments were made. Hence, I believe that when we vote on the Government's amendments later, they will be somewhat different from the previous ones because many different "crossover" laws are actually involved.

Just now many Members mentioned the significance of this exercise on improving the electoral system. In my view, such significance has never been seen in the past years. This amendment exercise on the electoral system of Hong Kong is, strictly speaking, about amending the system of governance in Hong Kong. I would regard it as the real touchstone of "Hong Kong people administering Hong Kong". In the past, of course many people thought that Hong Kong did not have universal and equal elections, so to speak. We were unable to realize "Hong Kong people administering Hong Kong". Yet I understand that in the eyes of Beijing, at least the Chief Executive was selected from different sectors in Hong Kong through the previous electoral system.

However, subsequent to the political changes in the past few years, it became rather obvious that in the light of the past electoral system, it seems that our legislature and even our governing team did not purely represent "Hong Kong people administering Hong Kong". They failed to genuinely achieve the so-called "Hong Kong people administering Hong Kong".

6390 LEGISLATIVE COUNCIL ― 26 May 2021

This amendment exercise on the electoral system has clearly expelled or removed the so-called external forces from the Hong Kong system. In other words, after we endorse this electoral system, at least in the next five years, we will not have any room or any excuse―moreover, it is a fact―that is the current state of "Hong Kong people administering Hong Kong". However, if similar chaos appears in the next five years, what should be done? As far as I understand it, that is why there is a blank in this amendment exercise. I believe Members who have participated in the Bills Committee also know that in five or six years' time, there may be a blank of about half a year when the term of the Election Committee ("EC") ends. Therefore, I hope the people of Hong Kong will understand that the significance of this system, in my opinion, is not as simple as the discussion in the community about how the legislature will be turned into totally one-sided, or how the so-called background or political vetting will be carried out. That is a relatively narrow view of the change. In fact, I think the real part of this change is whether, five years later, we will still have the political direction of so-called "Hong Kong people administering Hong Kong" or the fundamental framework of the Basic Law in our comprehension.

Another point is that just now many Members mentioned the background or reasons for the amendments. I think it is equally unnecessary to attribute the problems or the main responsibility to the social incidents in 2019 or the pan-democrats. Instead, at this moment, I wish to spend the remaining five minutes of my time to talk about this: given such importance of the change in this system, what do we want Hong Kong to become in the next 5 or even 20 years? Have Members ever asked this question? If I am asked, I would say that in the debate for the whole day today, of course it is important to attribute the political responsibility, but after the passage of the amendments relating to this system, all of us will have to face a cruel reality, in that we can have no more excuses. There is no more excuse we can use. Or, speaking in the other way round, why was 2019 so dangerous? Actually, in my view, those were not simply clashes in the street. The greatest danger in 2019 was that it turned out that under our system, there could be instability of power and a vacuum in governance for a whole month. Why was that the case? Hence, in this amendment exercise, no matter how Members put the blame on pan-democratic Members, everyone in this Chamber has to share the responsibility. This is a fait accompli.

What will happen in the future? This amendment exercise, especially certain details, is definitely open to question, such as the composition of EC. In the past, to our understanding, leaving aside the number of seats in the Legislative LEGISLATIVE COUNCIL ― 26 May 2021 6391

Council that were returned by functional constituencies or direct elections, at least we know that in the past, there was no need to obtain the so-called authorization from EC members to stand for election. In the present reconstitution of EC, an element has in fact been added. This element, having both advantages and disadvantages, is cronyism. That is, if anyone wishes to stand for election, he must be nominated by at least two members from each of the five sectors of EC. Actually, according to our past understanding, in Hong Kong, be it from the perspective of free market or from the political perspective of "unspoken rules", as we call them on the Mainland, political and business relationships will definitely be involved.

Now this matter is institutionalized in an attempt to dissolve the problem or the past condition in the system. The advantage of such cronyism is that we can see to what networks or groupings the people "on the table" belong. However, the problem is that it may give rise to corruption. It is not purely about corruption or money. Rather, it is what we call "corrupt practices". What does it mean? On 26 April, Ming Pao Daily News published a simple … It actually required a lot of work. It was not simple. Sorry, I withdraw this remark. It was a statistical survey compiled with open data. Under the current system of the reconstituted EC, especially in the professional sectors―I am just giving an example―for instance, in the engineering subsector, individual voting will be replaced by corporate voting and the number of seats will be increased to 30. According to some open statistics, in the past tender exercises of the Government, the tenders won by 27 companies undertaking government projects from last year up to now (17 April) amount to over $36.6 billion. These 27 private enterprises will account for half of the corporate votes in the future EC.

That is to say, in the past, regarding these relationships, right, we are not talking about transfer of benefits. Let me quote from the original article of the interview. A serving EC member asked whether it would become vote buying. This is a small-circle election where cronies get together and seek advantages from each other. It is no different from "bid-rigging". I will not say there is transfer of benefits, but transfer of benefits will be involved. What does this mean? The adoption of cronyism as an election threshold will bring about a huge mechanism of corrupt practices. For this reason, previously, I kept asking in the Bills Committee how we could prevent corruption. The prevention of corruption is not about specific advantages. Rather, it is about the forthcoming link of those 90 Legislative Council Members with 1 500 people behind. Eventually, we can only make the following comment. Such a situation might 6392 LEGISLATIVE COUNCIL ― 26 May 2021 not happen in our past elections, but in the future, it will. "In the higher ranks, no one is from a poor family; in the lower ranks, no one is from a powerful clan." Such will definitely happen.

I so submit.

MR LEUNG CHE-CHEUNG (in Cantonese): Deputy President, I speak in support of the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill").

Before I speak, I would like to respond to Dr CHENG Chung-tai's earlier comments on the consequences of the Bill. He said he did not know whether it was a touchstone for "Hong Kong people administering Hong Kong" and he thought it would take at least five years to verify it. However, in my opinion, as regards whether "Hong Kong people administering Hong Kong" can make the people of Hong Kong feel its benefits, or should I say happiness, can "Hong Kong people administering Hong Kong" today be possibly worse than that in 2019? In 2019, "black-clad violence" was rampant and Hong Kong's economy was badly hit. The Legislative Council was unable to meet, and every time when the Council met the President's podium was besieged and "stink bombs" were hurled. Was that the "one country, two systems", the so-called good "one country, two systems", they referred to?

(THE PRESIDENT resumed the Chair)

Speaking of "one country, two systems" today, let me give an example. The current progress of deliberation of the Public Works Subcommittee ("PWSC") of the Legislative Council alone can already reflect the work efficiency of the Legislative Council now. Before 2019, PWSC had the worst performance between 2016 and 2019, with the public works projects having been considered each year amounting to less than $100 billion approximately. In fact, the Government has to continuously roll out about $130 billion worth of public works projects in order to sustain its contributions to social and economic development. However, in 2019 when the "black-clad violence" was raging on, the funding approved that year did not even reach $100 billion, and it was even like begging for alms from pan-democratic Members: could you please approve our funding? LEGISLATIVE COUNCIL ― 26 May 2021 6393

However, despite my criticism made today that too much funding has been approved for the Government as there have already been over $200 billion worth of public works. Honourable colleagues can tell that our society needs stability and development, but if the Government's public works projects cannot progress, how can the economy of Hong Kong develop? Dr CHENG Chung-tai needs not worry, for when the Bill is passed in 2021, the new term of the Legislative Council commencing in 2022 will surely put Hong Kong back on the right track to attain high levels of development.

Today, the presentation of the Bill which seeks to improve the electoral system is indeed forced by circumstances and compelled by necessity, the reasons for which I have just mentioned. After June 2019, Hong Kong was in a state of turmoil due to the rampant "black-clad violence". Such rioters colluded with foreign forces to stir up trouble in Hong Kong, to inflict "mutual destruction" on Hong Kong and to put Hong Kong in a state of turmoil. The external forces meddle in Hong Kong actually for the sake of targeting our country with the ultimate aim to inhibit the development of China. The "Taiwan card", "Hong Kong card" and "Xinjiang card" are all the usual tactics played by foreign forces. They have conspired with the "mutual destruction camp" and the rioters to, using the anti-legislative amendment incident, stir up trouble and incite Hong Kong people to resist the Central Government and the governance of Hong Kong. The operation of the Legislative Council was paralysed and the administration of the Special Administrative Region ("SAR") Government was hindered. Benny TAI even proposed "the 10 steps to mutual destruction", the most blatant of which was laying bare their intention to paralyse the Legislative Council, force the Chief Executive to resign and ultimately seize the governing authority. Such acts have put the constitutional and political order of Hong Kong in serious jeopardy and challenged the sovereignty of the state. These painful experiences are still fresh in our minds.

It can be said that since the handover of sovereignty, the Central Government has been exceedingly tolerant towards Hong Kong and given us an expansive space for constitutional development, which had all been "wiped out" in one go by the "mutual destruction" elements.

In the most critical time for Hong Kong, the Central Authorities were forced to take actions to protect Hong Kong and the sovereignty and interests of the country, which is of paramount importance. The promulgation of the Hong Kong National Security Law in June 2020 was intended to stabilize the situations 6394 LEGISLATIVE COUNCIL ― 26 May 2021 in Hong Kong and to ensure that Hong Kong would not continue to be subjected to destruction and sink into depravity and that the people would not continue to live in fear. The Hong Kong National Security Law has proved to be able to bring the situations under control and quickly restore calm to the Hong Kong society.

Although the riots in Hong Kong have been curbed, if there are still loopholes in the system, external forces and the "mutual destruction camp" will still find opportunities to launch counter-attacks. Therefore, the step the Legislative Council must take today is to improve the electoral system.

The National People's Congress made the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region on 11 March 2021, proposing the basic principles to be followed in amending Annexes I and II to the Basic Law. The first principle is to fully and faithfully implement the policy of "one country, two systems" under which the people of Hong Kong administer Hong Kong with a high degree of autonomy. The second one is to uphold the constitutional order in SAR as established by the Constitution of the People's Republic of China and the Basic Law. The third one is to ensure that the administration of Hong Kong by Hong Kong people with patriots as the main body. The fourth one is to effectively improve the governance efficacy of SAR. The fifth one is to safeguard the right to vote and the right to stand for election of permanent residents of SAR.

To improve Hong Kong's electoral system is to set up a firewall for the electoral system and the parliamentary system, so as to prevent the powers that scourge Hong Kong and the "mutual destruction camp" from entering the political system of SAR through the electoral system. When the "mutual destruction camp" was still in the Council, we all fell victim to it. Dennis KWOK, formerly from the Civic Party, stalled in the Legislative Council for seven months, causing the functioning of the House Committee to "fall through". Also, CHU Hoi-dick soiled the Chamber and there were countless incidences of other Members of the "mutual destruction camp" obstructing the proceedings of the meetings. When the Council could not function and the Government could not administer effectively, ultimately the people of Hong Kong would suffer.

Only when Hong Kong's political system is well protected can we ensure the continual development of Hong Kong. Hong Kong's law-based administration cannot be encumbered, especially now when there is a chance of LEGISLATIVE COUNCIL ― 26 May 2021 6395 achieving "zero infection" regarding the epidemic, it is of an even greater need to engage in post-epidemic rebuilding. The Government and the Legislative Council have no time to waste.

Improving the electoral system is not to eradicate the pan-democrats; it is only to preclude those scourging Hong Kong and the "mutual destruction camp" from entering the establishment to threaten Hong Kong and the country. What is "patriots administering Hong Kong"? To put it simply, it means respecting the Central Government's jurisdiction over Hong Kong, protecting the security and interests of the country and Hong Kong, being willing to pledge allegiance to the Basic Law and the SAR Government, and being willing to render service for the future of Hong Kong.

The Bill empowers members of the Election Committee to nominate candidates for the Legislative Council election in addition to those for the Chief Executive election. Candidates who are able to secure nomination would mean that they have gained the support of the majority of members from various sectors in Hong Kong. Accordingly, the future Members of the Legislative Council will gain full legitimacy.

President, now at this time of great changes in the century, Hong Kong really needs to adapt and take corresponding measures. We must build a moat to guard against any move that infringes on Hong Kong's interests so that the people in the city can live in contentment, the economy in the city can grow and the development of democracy in the city can progress.

I so submit.

DR PIERRE CHAN (in Cantonese): President, the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") tabled before the Legislative Council today for resumption of the Second Reading debate and Third Reading seeks, as the title suggests, to "improve" our electoral system. Some members from the pro-establishment camp cite the example of the Election Committee ("EC"), saying that the increase of the number of members by 300 from the existing 1 200 to 1 500 has widened the political spectrum.

Under the spirit of the new "one country, two systems", it is supposedly hard to criticize the increase in the number of organizations and individuals closely related to the Central Authorities. Yet, the problem is not only this, but 6396 LEGISLATIVE COUNCIL ― 26 May 2021 there is also a "major operation" on the original EC with 1 200 members. Many professional subsectors used to be elected by individual voters are divided in half, one half to be returned by ex-officio members or nomination and the remaining half to be returned by election. Nonetheless, the electorate is changed from individual voters to corporate voters, whereas the newly added organizations are groups or organizations closely related to the Central Authorities or fully trusted by the Central Authorities. The legal subsector, the education subsector, the accountancy subsector, the information technology subsector and the social welfare subsector are all affected by the change. EC, apart from electing a Chief Executive trusted by the Central Authorities as it did in the past, can now elect 40 Members to the Legislative Council, accounting for four seventh of all seats. The reformed EC election system is a regression in democracy, where the number of seats is reduced and a considerable proportion of the remaining seats is occupied by ex-officio members. With the shrunken electorate base and the many hurdles in the candidate eligibility review, the reflection of public views will be very limited in the future.

Early this month, in the programme Get to Know the Election Committee Subsectors hosted by Chief Executive Carrie LAM, the Chairman of the Chinese Artists Association of Hong Kong Liza WANG,―who is commonly known as "Ah Jie", was interviewed. Regarding the sports, performing arts, culture and publication subsector to which she belongs, the number of seats has been reduced from 60 to 30, while 15 seats will be returned by nomination by designated bodies. "Ah Jie" expressed discontent with the arrangement and believed that this arrangement will deprived many people of the opportunity to stand for election and half of the voices of the sector will not be heard.

In this "major operation" to improve the electoral system, stitches are sutured incorrectly in a sloppy manner, cobbling together some seemingly similar but actually different organizations without considering the possible exclusionary effect. Take the medical subsector to which I belong as an example. Originally, the medical sector and the health services sector of the Legislative Council and EC are separate sectors, but now the two sectors are combined to form the medical and health services functional constituency in the Legislative Council. The same arrangement also applies to EC, but with the addition of the Chinese medicine subsector.

According to the voter registration statistics in 2020, there are 40 000-odd registered voters in the health services sector, with nurses making up the majority. As for the medical sector, there are only 12 300 registered voters. It is not LEGISLATIVE COUNCIL ― 26 May 2021 6397 difficult to imagine that the election result will likely be lopsided and doctors will eventually be excluded. Be it in the EC or the Legislative Council, the views of doctors may not be heard anymore in the long run. Is this an "improvement"? Where is the socio-scientific basis and representativeness of this "major operation"? I do not see any at all.

President, with these remarks, I oppose the Improving Electoral System (Consolidated Amendments) Bill 2021.

MR CHRISTOPHER CHEUNG (in Cantonese): President, the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill") is resumed today. I speak in unwavering support of the Bill. It is because the Bill introduces consolidated amendments to electoral legislation of Hong Kong to plug the loopholes in the existing electoral system, so that the decision of the National People's Congress on improving the electoral system of Hong Kong can be fully implemented. It will prevent those who oppose the Central Authorities and destabilize Hong Kong from infiltrating the political system of the Special Administrative Region ("SAR") Government through elections to cause troubles and disruptions, and provide solid institutional protection to guarantee the sound and sustained implementation of "one country, two systems" and the prosperity and stability of Hong Kong.

President, those wishing for the stability of the Hong Kong society and the public living and working in peace and contentment should support the Bill. It is obvious to all that in the past few years, some anti-China disruptors and radicals have exploited the loopholes in the electoral system to infiltrate the legislature and, instead of working for the people and their well-being, they have not discharged their proper duties but readily staged filibusters, even throwing cups, splashing paint, snatching documents and throwing stink bombs to paralyse the legislature and prevent the Government from effective administration by every possible means. Some of them even blatantly colluded with foreign forces and begged for foreign sanctions, attempting to subvert the state power and jeopardizing national security. What they have done has long evoked a sense of righteous indignation among the people.

Now, the Bill introduces consolidated amendments to the relevant electoral legislation by reconstituting the Election Committee ("EC") and introducing the oath-taking requirement, prescribing the method for selecting the Chief Executive, updating the composition of the Legislative Council and its method of 6398 LEGISLATIVE COUNCIL ― 26 May 2021 formation, and establishing a candidate eligibility review mechanism. The series of amendments will not only stop those who oppose China and destabilize Hong Kong from infiltrating the legislature through elections to stir up trouble, but also ensure that the principle of "patriots administering Hong Kong" can be fully implemented in Hong Kong. In doing so, it will truly be a blessing to the people when energy and efforts will be dedicated to the growth of Hong Kong and focused on economic development and improving people's livelihood.

President, I support the Bill also because it embodies the enhancement and progress of democratic elections. Statistics can best put problems into an objective perspective. After the electoral system is improved, the number of EC members will be changed from the original 1 200 to 1 500, and the number of seats in the Legislative Council will be increased from 70 to 90, representing a respective growth of more than 20%.

More importantly, these seats also cover a wide range of social sectors with broad representation. According to the Bill, associations such as grassroots associations and associations of Chinese fellow townsmen will be added to EC to increase the representation of the grass roots and to achieve a better balance in the electoral system as a whole. The "double-seat, single-vote" system will be adopted for seats returned by geographical constituencies through direct elections in the Legislative Council. It will not only ensure that the most popularly supported Members are elected, but also encourage elected Members to serve the community and the public with greater dedication. The series of measures in the Bill suffice to prove that the improved electoral system is definitely a major step forward in democracy.

Some people from the non-establishment camp have deliberately twisted and distorted the contents, criticizing that the amendments introduced by the Bill represent a regression of democracy and promote the domination of one voice. They even consider it a humiliation to stand for election under the improved electoral system. I find all these remarks simply nonsense. Throughout the world, patriotism is a fundamental political concept. If the opposition camp considers the requirement for patriotism a kind of "regression" and "suppression", then who else will believe that they will wholeheartedly serve the people and protect the interests of the country and Hong Kong after entering the political system of SAR? Therefore, I would like to give a piece of advice to such non-establishment elements: Stop dreaming of acting against China and destabilizing Hong Kong under the banner of "democracy", because neither the Central Government nor the people of Hong Kong will fall for that anymore. LEGISLATIVE COUNCIL ― 26 May 2021 6399

President, as a Member of the financial services constituency, I would like to express once again, on behalf of the sector, our staunch support for the improvement of the electoral system. Although, according to the Bill, under the improved electoral system, the number of members of the small and medium enterprises subsector, including the financial services functional constituency, to be added to the First Sector of EC will be reduced by one from the original 18 to 17, my sector and I both understand that the purpose of the amendment is to ensure balanced and orderly political participation so as to meet the actual situations in Hong Kong and realize the overall interests of Hong Kong.

Some unscrupulous people have been smearing and discrediting the Hong Kong National Security Law, claiming that improving the electoral system will scare away foreign investors and threaten Hong Kong's status as an international financial centre. As a Member of the financial services sector, I must responsibly tell everyone that the survey I conducted in the financial services sector shows that what scares foreign investors the most is social instability and the prevalence of "black-clad violence". Improving the electoral system and stopping those who oppose China and destabilize Hong Kong from infiltrating the legislature through the loopholes in the electoral system to stir up trouble will help build a peaceful and rational legislature, so that the executive and the legislature can jointly focus on the economy and improve people's livelihood, for the sake of the long-term peace and stability in Hong Kong. As far as foreign investors are concerned, it is absolutely a major favourable factor.

Facts speak louder than words. I remember that on the day the Bill was introduced into the Legislative Council for First and Second Readings, the stock market immediately regained momentum, with the Hang Seng Index surging by over 400 points in one day. Yesterday, the stock market also rose by nearly 500 points and, today, has risen another 255 points. In my opinion, this reflects that investors have confidence and expectation in improving the electoral system, and they have voted in favour of it with their actual actions.

President, we often say that "the key lies in the details". I support the Bill because the amendments therein have not only focused on the overall situation of elections but also put emphasis on the details of elections. For example, the Bill enhances the inspection and compilation of the registers of electors and empowers the Presiding Officers to set up special teams for electors in need in public elections. I find these amendments worthy of our support as they can enhance the electoral arrangements and facilitate the public to vote in elections.

6400 LEGISLATIVE COUNCIL ― 26 May 2021

Lastly, I sincerely hope that after the Government has completed the legislative work on improving the electoral system, it will definitely not cease its publicity and explanation efforts. It has to continue to spare no effort to do a good job at giving explanations to the public so that the public will understand that improving the electoral system will be conducive to the effective operation of the Council, to the administration of the Government, to people living and working in peace and contentment, and to the long-term prosperity and stability of Hong Kong. I am also convinced that improving the electoral system and fully implementing "patriots administering Hong Kong" will bring a better future to Hong Kong.

With these remarks, I fully support the Bill (The buzzer sounded) …

PRESIDENT (in Cantonese): Mr Christopher CHEUNG, please stop speaking.

MR WONG TING-KWONG (in Cantonese): President, today is a sunny day with a clear blue sky and this precisely reflects my joy at the resumption of the Second Reading debate on the Improving Electoral System (Consolidated Amendments) Bill 2021 ("the Bill").

This Bill can stop any people, organizations and forces engaging in politics that are disloyal and even hostile to the country and to Hong Kong from taking part in various tiers of elections in an attempt to endanger the stability of the country and Hong Kong society. It can also reverse the situation since the handover of sovereignty where a large bunch of villains in Hong Kong society had, in order to obtain votes and seats, unceasingly concocted and hyped up controversies in society and even advocated "Hong Kong independence", thus plunging Hong Kong deep into the whirlpool of pan-politicization and causing Hong Kong society to become stagnant. Therefore, I would say that this Bill on improving the electoral system has made profound contributions that will last forever.

President, to cut a long story short, except for the speeches made earlier by Dr CHENG Chung-tai and Dr Pierre CHAN, I very much agree with the views and remarks of other Members. They have explained in great detail the LEGISLATIVE COUNCIL ― 26 May 2021 6401 far-reaching meaning of the Bill and I do not wish to further spend time repeating their points here. In a nutshell, I resolutely support and embrace the Bill, and I hope that it can be expeditiously brought into effect and implemented.

President, I so submit.

SUSPENSION OF MEETING

PRESIDENT (in Cantonese): I now suspend the meeting until 9:00 am tomorrow.

Suspended accordingly at 6:09 pm.