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Official Record of Proceedings LEGISLATIVE COUNCIL ― 10 May 2017 6909 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 10 May 2017 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, S.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, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 6910 LEGISLATIVE COUNCIL ― 10 May 2017 THE HONOURABLE LEUNG KWOK-HUNG# THE HONOURABLE CLAUDIA MO THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, 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, J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.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 THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 10 May 2017 6911 DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, 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 ANDREW WAN SIU-KIN THE HONOURABLE CHU HOI-DICK THE HONOURABLE JIMMY NG WING-KA, J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HO KAI-MING THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI THE HONOURABLE SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN 6912 LEGISLATIVE COUNCIL ― 10 May 2017 DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG THE HONOURABLE LAU KWOK-FAN, M.H. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE NATHAN LAW KWUN-CHUNG# DR THE HONOURABLE YIU CHUNG-YIM# DR THE HONOURABLE LAU SIU-LAI# MEMBERS ABSENT: THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE KENNETH LAU IP-KEUNG, M.H., J.P. # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 10 May 2017 6913 PUBLIC OFFICERS ATTENDING: DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE STEPHEN SUI WAI-KEUNG, J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE ERIC MA SIU-CHEUNG, J.P. SECRETARY FOR DEVELOPMENT 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 6914 LEGISLATIVE COUNCIL ― 10 May 2017 DEPUTY PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Waste Disposal (Designated Waste Disposal Facility) Regulation (Amendment of Schedule 1) Notice 2017............................................................... 74/2017 Dangerous Drugs Ordinance (Amendment of First Schedule) Order 2017 ........................................................... 75/2017 Other Papers No. 86 ― Quality Education Fund Financial statements and Report of the Director of Audit for the year ended 31 August 2016 No. 87 ― Education Development Fund Financial statements and Report of the Director of Audit for the year ended 31 August 2016 No. 88 ― Qualifications Framework Fund Financial statements and Report of the Director of Audit for the year ended 31 August 2016 LEGISLATIVE COUNCIL ― 10 May 2017 6915 No. 89 ― Financial Reporting Council Annual Report 2016 No. 90 ― Employees' Compensation Insurance Levies Management Board Annual Report 2015/2016 No. 91 ― Employees Compensation Assistance Fund Board Annual Report 2015-2016 No. 92 ― Occupational Deafness Compensation Board Annual Report 2015-2016 No. 93 ― Pneumoconiosis Compensation Fund Board Annual Report 2015 No. 94 ― Pneumoconiosis Ex Gratia Fund Annual Report for the year from 1 April 2015 to 31 March 2016 No. 95 ― Language Fund Financial statements and Report of the Director of Audit for the year ended 31 August 2016 Report of the Committee on Members' Interests on a complaint against Hon Andrew LEUNG Kwan-yuen Report No. 17/16-17 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESS DEPUTY PRESIDENT (in Cantonese): Address. Mr YIU Si-wing will address this Council on the "Report of the Committee on Members' Interests on a complaint against Hon Andrew LEUNG Kwan-yuen". 6916 LEGISLATIVE COUNCIL ― 10 May 2017 Report of the Committee on Members' Interests on a complaint against Hon Andrew LEUNG Kwan-yuen MR YIU SI-WING (in Cantonese): Deputy President, on behalf of the Committee on Members' Interests ("CMI"), I submit the Committee's report to this Council. In November last year, CMI received a complaint lodged against Mr Andrew LEUNG. Citing media reports, the complainant accused Mr LEUNG of failing to register the shares he owned in two United Kingdom-registered companies since 2008 and thus breaching the registration requirement as laid down in the Rules of Procedure. These two companies are abbreviated to "SHL" and "OGL". CMI has held four meetings to investigate the complaint and has twice invited Mr LEUNG to provide explanation and information in writing to facilitate the investigation. During the relevant period, that is within the seven years prior to the receipt of the complaint, Mr LEUNG only made registration once regarding his shares in these two companies on 19 October last year, the day following the publication of the relevant media report. Regarding the first company, SHL, Mr LEUNG said that it was only a representative office of his family business and was set up to provide services for clients in Europe primarily. SHL had only issued one share and Mr LEUNG held half of the share during the relevant period. In view of Mr LEUNG's admission of failure to register his shares in SHL during the relevant period, members of CMI agree unanimously that Mr LEUNG has breached the registration requirement stipulated in Rule 83(1) of the Rules of Procedure. Hence, the complaint against him in respect of SHL is substantiated. However, CMI finds no information showing that the breach of registration requirement was a deliberate act, or that the breach involved any conflict of interests with his role as a Legislative Council Member. With further regard to LEGISLATIVE COUNCIL ― 10 May 2017 6917 CMI's past experience in handling similar cases, CMI decides against recommending any sanction on Mr LEUNG for the breach of the relevant requirement. As for the other company, OGL, Mr LEUNG said that OGL owned the freehold land of a property in London, the United Kingdom. And CEC, a company of which he was a remunerated director and shareholder, owned a flat in that property. CEC was hence a shareholder of OGL. In his first letter submitted to CMI, Mr LEUNG admitted that he had a shareholding interest in OGL as CEC had somehow transferred its shares in OGL to him without his knowledge. CMI subsequently downloaded an Annual Return of OGL from the official website of the Companies House of the United Kingdom Government and asked Mr LEUNG to clarify details of that share transfer. In his second letter to CMI, Mr LEUNG said that he had assumed the information on the Annual Return was accurate and thus had thought the share transfer had taken place.
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