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OFFICIAL RECORD of PROCEEDINGS Thursday, 19 April

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OFFICIAL RECORD of PROCEEDINGS Thursday, 19 April LEGISLATIVE COUNCIL ─ 19 April 2012 8297 OFFICIAL RECORD OF PROCEEDINGS Thursday, 19 April 2012 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 8298 LEGISLATIVE COUNCIL ─ 19 April 2012 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 19 April 2012 8299 THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 8300 LEGISLATIVE COUNCIL ─ 19 April 2012 DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE AMBROSE LEE SIU-KWONG, G.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS LEGISLATIVE COUNCIL ─ 19 April 2012 8301 THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE MS JULIA LEUNG FUNG-YEE, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE RAYMOND TAM CHI-YUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR KITTY POON KIT, J.P. UNDER SECRETARY FOR THE ENVIRONMENT MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 8302 LEGISLATIVE COUNCIL ─ 19 April 2012 PRESIDENT (in Cantonese): Council will now resume and continue with the debate on the Motion under Rule 49B(1) of the Rules of Procedure. MEMBERS' MOTIONS MOTION UNDER RULE 49B(1) OF THE RULES OF PROCEDURE Continuation of debate on motion which was moved on 18 April 2012 MS MIRIAM LAU (in Cantonese): President, freedom of speech and freedom of assembly are the core values cherished by Hong Kong people. Since Hong Kong is a pluralistic and liberal society, the Liberal Party has always believed that we must steadfastly maintain or even defend these rights. Nevertheless, it is very important that the principle of peace, reason and non-violence must be observed in exercising these rights, because only in doing so can we ensure that everyone can express their views freely. In our opinion, this is also one of the core values Hong Kong people have always cherished dearly and striven to uphold. Unfortunately, many violent scenes of confrontation have erupted both inside and outside the Legislative Council in recent years, and the situation is worsening, sometimes even posing a threat to personal safety. In the past couple of years, I have been asked this question by many kaifongs, "How can the Legislative Council tolerate these acts of violence?" I had no idea how to answer this question. In September last year, Mr LEUNG Kwok-hung led a group of demonstrators to charge into a forum held in the Hong Kong Science Museum on the replacement mechanism. Not only did they start a war of words with people on the scene, but some demonstrators even disrupted the forum wantonly, or behaved violently to the security guards there. Yesterday, Dr Priscilla LEUNG even used the expression "grabbing necks", though I did not witness this. I could only see demonstrators fend off the security guards with their arms and nearly grab their necks. Quite a number of viewers have seen these violent scenes of charging on the television. Some friends have even told me that they were extremely shocked, or even terrified. They dared not believe such fierce acts of charging could have happened in Hong Kong, a place known for its passion for peace. LEGISLATIVE COUNCIL ─ 19 April 2012 8303 We would like to point out that freedom of speech is not equal to freedom of using violence. If someone uses violence against others, like what Mr LEUNG and other demonstrators did on that day, he is merely seeking to exploit the rights of expression of other people under the pretext of pursuing freedom of speech. We absolutely do not approve of such acts, and we absolutely cannot condone them. Owing to this charging incident, Mr LEUNG Kwok-hung was consequently found guilty by the Court of four offences, including behaving in a disorderly manner in a public place, criminal damage, and so on. In passing the sentence, the Magistrate criticized them that their behaviour had interrupted the consultation, describing their behaviour as "a breach of the peace and an act in a disorderly manner" as well as "irritating". The sentencing judge further pointed out that Mr LEUNG's behaviour would cause members of the public to worry about their personal safety when attending public events or even to be deterred, thus causing society to retrogress. Mr LEUNG's sentence to imprisonment for two months raises an issue with Article 79(6) of the Basic Law which provided therein: if a Member of the Legislative Council is sentenced to imprisonment for one month or more, he or she may be relieved of his or her duties with consent from two-thirds of the Legislative Council Members present. Since Mr LEUNG is appealing the case, there are views that he should not be dismissed at this stage. Yet, we must note that there is a precedent for this Council to follow in handling matters of a similar nature. In 1998, Mr CHIM Pui-chung was expelled from the Legislative Council for being sentenced to imprisonment for forgery, even though he was also applying for judicial review of his case. Of the 47 Members present at the meeting, 45 (including the Liberal Party and major political parties to which many Members present here belong) voted in favour of the motion, with one Member abstaining and the President not casting any vote, as he usually did. Hence, non-discriminatory treatment must be extended to all. We cannot give the public an impression that this Council accords different treatment to Mr LEUNG Kwok-hung and Mr CHIM Pui-chung or condones violent acts of charging. Only in doing so can this Council maintain its credibility. 8304 LEGISLATIVE COUNCIL ─ 19 April 2012 The Liberal Party considers it necessary to deal with today's motion carefully, and so we have considered for a long while and checked past documents.
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