OFFICIAL RECORD of PROCEEDINGS Wednesday, 8 July
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LEGISLATIVE COUNCIL ― 8 July 2020 9079 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 8 July 2020 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. 9080 LEGISLATIVE COUNCIL ― 8 July 2020 THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. LEGISLATIVE COUNCIL ― 8 July 2020 9081 DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO 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 ALVIN YEUNG THE HONOURABLE CHU HOI-DICK THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. THE HONOURABLE SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN, J.P. 9082 LEGISLATIVE COUNCIL ― 8 July 2020 DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBERS ABSENT: THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE HUI CHI-FUNG DR THE HONOURABLE CHENG CHUNG-TAI PUBLIC OFFICERS ATTENDING: DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE LEGISLATIVE COUNCIL ― 8 July 2020 9083 THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE CHRISTOPHER HUI CHING-YU, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY DR CHUI TAK-YI, J.P. UNDER SECRETARY FOR FOOD AND HEALTH MR JOSEPH CHAN HO-LIM, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY DR RAYMOND SO WAI-MAN, B.B.S., J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 9084 LEGISLATIVE COUNCIL ― 8 July 2020 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) 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. Compulsory Quarantine of Certain Persons Arriving at Hong Kong (Amendment) (No. 4) Regulation 2020 .................................................................... 137 of 2020 Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) (No. 6) Regulation 2020 ................................................. 138 of 2020 Other Papers The Standing Committee on Legal Education and Training Annual Report 2019 1 January 2019 to 31 December 2019 Hong Kong Export Credit Insurance Corporation Annual Report 2019-20 (including Financial Statements and Independent Auditor's Report) Hong Kong Trade Development Council Annual Report 2019/20 (including Finances and Independent Auditor's Report) LEGISLATIVE COUNCIL ― 8 July 2020 9085 Prisoners' Welfare Fund Report by the Commissioner of Correctional Services on the administration of the Fund for the year ended 31 March 2020 (including Financial Statements and Report of the Director of Audit) Report of changes made to the approved Estimates of Expenditure during the fourth quarter of 2019-20 Public Finance Ordinance : Section 8(8)(b) Sir Robert Black Trust Fund Report of the Trustee on the Administration of the Fund, Financial Statements and Report of the Director of Audit for the year ended 31 March 2020 Independent Commission Against Corruption, Hong Kong Special Administrative Region Annual Report 2019 and Reports of ICAC Advisory Committees ICAC Complaints Committee Annual Report 2019 The Ombudsman, Hong Kong Annual Report 2019/20 (including Financial Statements and Independent Auditor's Report) Finance Committee Report on the examination of the Estimates of Expenditure 2020-2021 Report of the Legislative Council Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the motion to censure Hon Holden CHOW Ho-ding Minority report on the investigation into the matter stated in the motion moved under Rule 49B(1A) of the Rules of Procedure to censure Hon Holden CHOW Ho-ding Report of the Legislative Council Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the motion to censure Hon HUI Chi-fung 9086 LEGISLATIVE COUNCIL ― 8 July 2020 Minority report on the investigation into the matter stated in the motion moved under Rule 49B(1A) of the Rules of Procedure to censure Hon HUI Chi-fung (English version only) Report of the Bills Committee on Mandatory Provident Fund Schemes (Amendment) Bill 2019 Report of the Bills Committee on Pharmacy and Poisons (Amendment) Bill 2019 Report of the Bills Committee on Statute Law (Miscellaneous Provisions) Bill 2019 Report of the Bills Committee on Evidence (Amendment) Bill 2018 Report of the Bills Committee on Broadcasting and Telecommunications Legislation (Amendment) Bill 2019 Report of the Bills Committee on Road Traffic Legislation (Parking Spaces) (Amendment) Bill 2019 Report of the Panel on Environmental Affairs 2019-2020 Report of the Panel on Security 2019-2020 Report of the Panel on Development 2019-2020 Report of the Panel on Welfare Services 2019-2020 Report of the Panel on Housing 2019-2020 Report of the Panel on Economic Development 2019-2020 Report of the Panel on Public Service 2019-2020 Report of the Panel on Constitutional Affairs 2019-2020 LEGISLATIVE COUNCIL ― 8 July 2020 9087 ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr Martin LIAO will address the Council on the "Independent Commission Against Corruption, Hong Kong Special Administrative Region Annual Report 2019 and Reports of ICAC Advisory Committees". (Mr CHU Hoi-dick indicated his wish to raise a point of order) PRESIDENT (in Cantonese): Mr CHU Hoi-dick, what is your point of order? MR CHU HOI-DICK (in Cantonese): President, since the inception of the National Security Law for HKSAR, the Legislative Council has been in session for a week, but so far, actually no one can tell Members whether the protection of immunity from criminal prosecution in relation to Members' remarks under Article 77 of the Basic Law and sections 3 and 4 of the Legislative Council (Powers and Privileges) Ordinance are still valid after the inception of the law. May I know President's position on this issue? PRESIDENT (in Cantonese): The National Security Law for HKSAR is now in effect. As to whether the Legislative Council (Powers and Privileges) Ordinance can protect Members' freedom of speech or debate in Council meetings, I note that the Secretary for Justice already explained to Members in a joint Panel meeting held yesterday. In fact, whether the remarks made by a Member in a meeting violate the National Security Law for HKSAR should be decided by the Court instead of the President of the Legislative Council, but I wish to remind Members that they have to evaluate for themselves the possible legal consequences of their remarks. Mr Martin LIAO, please speak. 9088 LEGISLATIVE COUNCIL ― 8 July 2020 Independent Commission Against Corruption, Hong Kong Special Administrative Region Annual Report 2019 and Reports of ICAC Advisory Committees MR MARTIN LIAO (in Cantonese): In my capacity as the Chairman of the Advisory Committee on Corruption, I hereby brief Members on the Independent Commission Against Corruption, Hong Kong Special Administrative Region Annual Report 2019 tabled in the Council today on behalf of the Independent Commission Against Corruption ("ICAC").