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Official Record of Proceedings LEGISLATIVE COUNCIL ─ 24 October 2012 521 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 24 October 2012 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, 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 VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. 522 LEGISLATIVE COUNCIL ─ 24 October 2012 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 WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, J.P. THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN LEGISLATIVE COUNCIL ─ 24 October 2012 523 THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI 524 LEGISLATIVE COUNCIL ─ 24 October 2012 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN MEMBER ABSENT: DR THE HONOURABLE LEUNG KA-LAU LEGISLATIVE COUNCIL ─ 24 October 2012 525 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 526 LEGISLATIVE COUNCIL ─ 24 October 2012 PRESIDENT (in Cantonese): 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 No. Banking (Capital) (Amendment) Rules 2012 ............ L.N. 156/2012 Banking (Specification of Multilateral Development Bank) (Amendment) Notice 2012 ................................................................ L.N. 157/2012 Banking (Amendment) Ordinance 2012 (Commencement) Notice 2012 ...................... L.N. 158/2012 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (Malaysia) Order .............. L.N. 159/2012 Inland Revenue (Double Taxation Relief and Prevention of Fiscal Evasion with respect to Taxes on Income) (United Mexican States) Order .............................................................. L.N. 160/2012 Telecommunications (Determining Spectrum Utilization Fees by Auction) (Amendment) Regulation 2012 ............................................. L.N. 161/2012 Telecommunications (Designation of Frequency Bands subject to Payment of Spectrum Utilization Fee) (Amendment) Order 2012 .. L.N. 162/2012 LEGISLATIVE COUNCIL ─ 24 October 2012 527 Lifts and Escalators (General) Regulation (Commencement) Notice ............................... L.N. 163/2012 Lifts and Escalators (Fees) Regulation (Commencement) Notice ............................... L.N. 164/2012 Lifts and Escalators Ordinance (Commencement) (No. 2) Notice 2012 ....................................... L.N. 165/2012 Lifts and Escalators Ordinance (Commencement) (No. 3) Notice 2012 ....................................... L.N. 166/2012 Mediation Ordinance (Commencement) Notice ........ L.N. 167/2012 Third Technical Memorandum for Allocation of Emission Allowances in Respect of Specified Licences ......................................... S.S. No. 5 to Gazette No. 42/2012 Other Papers No. 4 ─ Report of changes made to the approved Estimates of Expenditure during the first quarter of 2012-13 Public Finance Ordinance: Section 8 No. 5 ─ The Land Registry Trading Fund Hong Kong Annual Report 2011-12 No. 6 ─ Customs and Excise Service Welfare Fund Audited financial statements and its summary, together with the Report of the Director of Audit for the year ended 31 March 2012 No. 7 ─ Customs and Excise Service Children's Education Trust Fund Report by the Trustee together with the Report of the Director of Audit and the audited financial statements for the year ended 31 March 2012 528 LEGISLATIVE COUNCIL ─ 24 October 2012 No. 8 ─ Companies Registry Trading Fund Annual Report 2011-12 No. 9 ─ The Government Minute in response to the Report of the Public Accounts Committee No. 58 of July 2012 ADDRESSES 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. 58". The Government Minute in response to the Report of the Public Accounts Committee No. 58 of July 2012 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, laid on the table today is the Government Minute responding to Report No. 58 of the Public Accounts Committee (PAC). When presenting Report No. 58 on 4 July to the Legislative Council, the Chairman of PAC gave comments on two chapters in the Director of Audit's Reports: (a) Unlawful occupation of Government land; and (b) Youth Square. We are grateful for the time and efforts that the PAC has devoted to investigating these subjects. We accept the Committee's various recommendations and have set out the Administration's specific responses in the Government Minute. Today, I should like to highlight the key measures that we have taken in the relevant areas and the progress. Regarding the unlawful occupation of Government land, the Administration agrees with the Audit Commission and the PAC that land is a scarce and valuable resource in Hong Kong. We also agree that the Government LEGISLATIVE COUNCIL ─ 24 October 2012 529 has to carry out land control actions effectively to protect Government land from being unlawfully occupied. We would reiterate that the Administration considers it unacceptable for people to first occupy Government land unlawfully and then apply for a short term tenancy (STT) in an attempt to regularize the situation after being detected. As the department responsible for managing unleased Government land, the Lands Department (LandsD) has reminded its District Lands Offices (DLOs) that approval of STTs should continue to be under strict control. They also have to make clear to the applicants that the Government has no obligation to regularize the illegal occupations by means of STT or to suspend land control actions pending decisions on the STT applications. If it is considered not justifiable to grant a STT, the DLO will reject the application as soon as possible. On the other hand, as we undertook at the PAC meeting in May this year, the Administration is in the process of reviewing the provisions in relation to unlawful occupation of Government land in the Land (Miscellaneous Provisions) Ordinance and formulating legislative amendment proposals, with a view to increasing the penalties against the relevant offences to achieve greater deterrent effect. Taking into account the views of the Audit Commission and the PAC, we will also examine the possible introduction of a system of daily fines.
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