LEGISLATIVE COUNCIL ─ 16 October 2014 285 OFFICIAL RECORD OF PROCEEDINGS Thursday, 16 October 2014 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 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, G.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, B.B.S., M.H. 286 LEGISLATIVE COUNCIL ─ 16 October 2014 PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. 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, J.P. 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, S.B.S., J.P. THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, S.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 LEGISLATIVE COUNCIL ─ 16 October 2014 287 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, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, J.P. 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 288 LEGISLATIVE COUNCIL ─ 16 October 2014 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., 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, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU, J.P. 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, B.B.S. MEMBERS ABSENT: DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE WONG YUK-MAN LEGISLATIVE COUNCIL ─ 16 October 2014 289 PUBLIC OFFICERS ATTENDING: THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY MR JOHN LEE KA-CHIU, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY CLERKS IN ATTENDANCE: MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 290 LEGISLATIVE COUNCIL ─ 16 October 2014 MOTION FOR THE ADJOURNMENT OF THE COUNCIL PRESIDENT (in Cantonese): Good morning. Council now resumes and continues with the debate on the motion for the adjournment of the Council under Rule 16(2) of the Rules of Procedures. MOTION FOR THE ADJOURNMENT OF THE COUNCIL UNDER RULE 16(2) OF THE RULES OF PROCEDURE Continuation of debate on motion which was moved on 15 October 2014 MS CYD HO (in Cantonese): Good morning, President. It is always said that institutional violence is common in Hong Kong but it cannot be detected easily; nor can it be perceived easily. Apart from the examples of the Urban Renewal Authority Ordinance and the Mass Transit Railway Ordinance, compulsory acquisition of private properties with very low prices under the legislation on land rehabilitation is another. This kind of acquisition has driven many people out of their places and made life very difficult for them. This is the institutional violence we have in Hong Kong, something not that easy to be perceived in the past. However, to our surprise, public officers or civil servants can nowadays be seen laying their hands brazenly on peaceful people but senior management of the Police, as well as officials of the Security Bureau, can go so far as to evade the facts, and tolerate and connive at these acts of violence. President, people were bullied and oppressed in the past with such excuses as administering in accordance with the law or promoting economic development, but the Police Force has now chosen to attack blatantly defenceless civilians with weapons far more lethal than the circumstances warranted. As a matter of fact, the handling of public activities by the Police Force has been subjected to a lot of queries since Joshua WONG has illegally entered the East Wing Forecourt of the Central Government Offices on the night of 26 September. Several students have been arrested by the Police in the incident but unexpectedly, there was no intention to release the students on bail within 48 hours. It is astonishing to see that a 17-year old secondary school student and young men in their twenties like Lester SHUM and Alex CHOW have to be detained for a period comparable to that required for suspects of such serious crimes as murder, arson and rape cases. Eventually, an application for a writ of habeas corpus was made and the judge has timely ruled that it was unreasonable LEGISLATIVE COUNCIL ─ 16 October 2014 291 for the Police to handle their detention this way. Although the application of habeas corpus was made by solicitors for Joshua WONG only, the other two leaders of the student movement were also released by the Police once the judgment was handed down, since the judge stated in the judgment that they were actually under the same condition. It is fortunate that we still have an independent judicial system in Hong Kong; otherwise there would be no check and balance for the Police's decision to refuse bail in this case, which is both unreasonable and unprecedented. Subsequently, the Police announced on 28 September that the public meeting held on Tim Mei Avenue was illegal although it actually involved the issue of the freedom of assembly. There were indeed only 1 000-odd people on Tim Mei Avenue at that moment. Had the Police understood that they had the responsibility of facilitating members of the public to have peaceful assembly and let the people gathered on Tim Mei Avenue continue to assemble at the scene in a peaceful manner instead of announcing the assembly illegal, there would not have been a rally of 60 000 to 70 000 people shortly afterwards on Harcourt Road outside Admiralty Centre and the Hong Kong Academy for Performing Arts to counter-besiege the Police Force. Neither would there have been the firing of a total of 87 tear gas canisters in the 12 consecutive hours from 6 pm in the evening of 28 September, causing injuries to so many people. President, Hong Kong was actually in a very dangerous state that night and I personally feel that a trap was laid before Hong Kong people by some powerful and influential figures. On the one hand, lethal weapons far from being necessary were used disproportionately by police officers against the public while on the other, persons of dubious background were seen trundling trolley carts loaded with iron bars and wooden boards by some of our voluntary workers. Attempts had also been made by such persons to put wheelbarrows of shovels used by construction workers at construction sites on the roads outside the United Centre and the Lippo Centre beside some planters but the efforts turned futile when some people stepped in to interfere. If the people in the crowds had failed to control their temper and had retaliated with such potent arms put on the scene, the Police would have had justifiable excuses to open fire and suppress the crowds. Fortunately, Hong Kong people were the best and the bottomline of having a peaceful assembly had been maintained. As no one ever tried to fight back with such potent arms, Hong Kong has survived that crisis-ridden night. 292 LEGISLATIVE COUNCIL ─ 16 October 2014 At 10.40 pm that night, we were told by many experienced journalists that the Police would open fire about one hour later at midnight and the rumour had spread so widely that we were really worried.