LEGISLATIVE COUNCIL ─ 4 July 2007 9865 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 4 July 2007 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.M., G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, 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 MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG 9866 LEGISLATIVE COUNCIL ─ 4 July 2007 THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. 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 THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM, J.P. THE HONOURABLE LAU CHIN-SHEK, J.P. 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 CHOY SO-YUK, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 4 July 2007 9867 THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP 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, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. THE HONOURABLE RONNY TONG KA-WAH, S.C. PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. 9868 LEGISLATIVE COUNCIL ─ 4 July 2007 THE HONOURABLE ALBERT JINGHAN CHENG, J.P. THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN MEMBERS ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE MA LIK, G.B.S., J.P. THE HONOURABLE CHIM PUI-CHUNG PUBLIC OFFICERS ATTENDING: THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE CEAJER CHAN KA-KEUNG, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY LEGISLATIVE COUNCIL ─ 4 July 2007 9869 THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 9870 LEGISLATIVE COUNCIL ─ 4 July 2007 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Waste Disposal (Charges for Disposal of Chemical Waste) (Amendment) Regulation 2007 ....................... 133/2007 Interpretation and General Clauses Ordinance (Replacement of Schedule 6) Order 2007........... 134/2007 Designation of Museum (Fireboat Alexander Grantham Exhibition Gallery) Order ............................. 135/2007 Official Languages (Alteration of Text under Section 4D) (Miscellaneous) Order 2007........................... 136/2007 Closed Area (Hong Kong Section of the Shenzhen Bay Bridge and Deep Bay Link Portion) Order (Commencement) Notice .............................. 137/2007 Shenzhen Bay Port Hong Kong Port Area Ordinance (Commencement) Notice .............................. 138/2007 International Organizations (Privileges and Immunities) (United Nations and Associated Personnel) Order (Commencement) Notice .............................. 139/2007 Fugitive Offenders (Safety of United Nations and Associated Personnel) Order (Commencement) Notice ........ 140/2007 Other Papers No. 99 ─ Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2006 LEGISLATIVE COUNCIL ─ 4 July 2007 9871 No. 100 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2006 No. 101 ─ Sir Robert Black Trust Fund Annual Report for the year from 1 April 2006 to 31 March 2007 No. 102 ─ The Nineteenth Annual Report of The Ombudsman, Hong Kong (June 2007) Report of the Panel on Home Affairs 2006-2007 Report of the Panel on Financial Affairs 2006-2007 Report of the Panel on Welfare Services 2006-2007 Report of the Panel on Health Services 2006-2007 Report of the Panel on Environmental Affairs 2006-2007 ADDRESS PRESIDENT (in Cantonese): Addresses. Mr CHAN Kam-lam will address the Council on the Independent Commission Against Corruption Annual Report 2006. Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2006 MR CHAN KAM-LAM (in Cantonese): Madam President, as a member of the Advisory Committee on Corruption, I have the honour to table the Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2006 to Members here in this Council today. Last year, the Independent Commission Against Corruption (ICAC) continued to adopt its three-pronged strategy of law enforcement, prevention and 9872 LEGISLATIVE COUNCIL ─ 4 July 2007 community education to combat corruption, and the results yielded in many scopes are said to be satisfactory. On law enforcement, corruption situation in Hong Kong remained under tight control. In 2006, a total of 3 339 corruption reports were received, which represented a decrease of 9% against 2005 and a drop for the fifth consecutive year. The number of pursuable reports stood at 2 658, accounting for 80% of the total number of cases reported in the year, a decrease of 9.7% from 2 946 reports in 2005. Among which, the percentage of non-anonymous corruption reports steadied at a high 73%, which exceeded the 68% in 1997, indicating that the public has trust and confidence on the ICAC, parades no tolerance towards corruption and is supportive of the work of the ICAC. The ICAC continued to persevere to round up corrupt elements without fear or favour. Let me cite an example that can authenticate the commitment of the ICAC to the anti-corruption cause and justice. For the past 30 years, the ICAC has been incessantly pursuing a retired policeman suspected of possessing assets disproportionate to his total official emoluments, and $140 million worth of assets was eventually recovered during the year. Last year, a total of 341 persons were prosecuted in 200 cases by the ICAC and the overall case-based conviction rate attained a record high at 88%. These efforts have sent a powerful deterrent signal to those contemplating corruption and worked out thoroughly the pledge of the ICAC in making corruption a high-risk crime. Corruption prevention, which originates from good management, is gaining currency in the community. During the year, the ICAC continued to help various government departments and public bodies to reinforce their governance and reduce their exposure to corruption risks by providing anti-corruption recommendations. The ICAC had also completed a total of 96 corruption prevention reviews of public administration in various aspects, covering areas on environmental protection, public works, public housing, education, public procurement and law enforcement, and so on. To address the concern of the public over the possible abuse of unskilled workers by government contractors under outsourcing contracts, the ICAC had rendered advice to the departments concerned on effective ways to prevent such exploitations. The ICAC has proactively provided anti-corruption recommendations to the Government on a number of Public Private Partnership schemes in the provision of large-scale public facilities to ensure that all the LEGISLATIVE COUNCIL ─ 4 July 2007 9873 procedures were consistent with the fair and impartial principle. The ICAC has worked closely with bureaux and departments concerned ensuring that, in taking forward new initiatives of the Government, the related procedures and practices would not give rise to opportunities for corruption and abuse. Moreover, the ICAC provides free, confidential and tailor-made advice on corruption prevention to private sector organizations at their requests. During the year, the ICAC provided consultative services to private sector organizations concerned for a total of 366 times. It also promulgated the Best Practice Module on Travel Agent Operation for the tourism industry with a view to reducing the opportunities for corruption and malpractice in the industry.