LEGISLATIVE COUNCIL ─ 13 April 2016 7065 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 13 April 2016 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.M., G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG 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, G.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 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. 7066 LEGISLATIVE COUNCIL ─ 13 April 2016 THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. 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. DR THE HONOURABLE LEUNG KA-LAU 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 ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 13 April 2016 7067 THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. 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 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, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN 7068 LEGISLATIVE COUNCIL ─ 13 April 2016 THE HONOURABLE IP KIN-YUEN 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, S.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. THE HONOURABLE ALVIN YEUNG NGOK-KIU MEMBERS ABSENT: THE HONOURABLE JAMES TO KUN-SUN DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE ELIZABETH QUAT, J.P. LEGISLATIVE COUNCIL ─ 13 April 2016 7069 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING MR JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION MS CHRISTINE LOH KUNG-WAI, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE LAU KONG-WAH, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE CLEMENT CHEUNG WAN-CHING, J.P. SECRETARY FOR THE CIVIL SERVICE CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 7070 LEGISLATIVE COUNCIL ─ 13 April 2016 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: No. 79 ─ Hong Kong Rotary Club Students' Loan Fund Financial Statements for the year ended 31 August 2015 No. 80 ─ Sing Tao Charitable Foundation Students' Loan Fund Financial Statements for the year ended 31 August 2015 No. 81 ─ Self-financing Post-secondary Education Fund Financial statements for the year ended 31 August 2015 No. 82 ─ HKSAR Government Scholarship Fund Financial statements for the year ended 31 August 2015 Report No. 16/15-16 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments WRITTEN ANSWERS TO QUESTIONS Car-parking Facilities Under Link Real Estate Investment Trust 1. MR ALAN LEONG (in Chinese): President, in 2005, the Hong Kong Housing Authority divested certain retail and car-parking facilities of its public housing estates to The Link Real Estate Investment Trust, which was renamed as Link Real Estate Investment Trust (Link REIT) in August 2015. It has been learnt that the land leases for the car parks of Link REIT generally provide that the parking spaces may be let only to the residents, occupiers and their bona fide visitors specified therein. However, Link REIT may apply to the Lands Department (LandsD) for waivers of the relevant lease conditions so as to let LEGISLATIVE COUNCIL ─ 13 April 2016 7071 some of the parking spaces to non-residents, and in doing so, it has to pay waiver fees as well as comply with the terms and conditions set out by LandsD in the waivers. Some members of the public have relayed to me that in recent years, Link REIT has increased the proportion of 12-hour and 24-hour parking spaces for letting to non-residents. As the monthly parking spaces of some of its car parks are often fully taken up and there are often a number of prestigious sedans parked there, those members of the public suspect that some tenants of the shopping malls have assisted, for profits, non-residents in renting the monthly parking spaces. In this connection, will the Government inform this Council: (1) whether it knows the respective current numbers of monthly and hourly parking spaces in the car parks under Link REIT, and the respective percentages of such numbers in the total number of its parking spaces, with a breakdown by name of car park; whether the Government has monitored if such numbers and percentages from 2005 onwards have complied with the relevant land lease conditions; (2) whether it knows the current total number of parking spaces in the car parks under Link REIT which are for letting to non-residents; among such parking spaces, of the respective numbers of those which are let hourly, monthly or by other means (if any), with a breakdown by name of car park; whether the Government has monitored if such numbers and the percentages of such numbers in the total numbers of the relevant parking spaces from 2005 onwards have complied with the relevant land lease conditions; (3) of the existing mechanism put in place by the Government to monitor and investigate whether Link REIT has complied with the requirement that the parking spaces of its car parks may be let only to the residents, occupiers and their bona fide visitors as specified in the land leases; and (4) of the number of applications made by Link REIT to LandsD each year since 2005 for waivers of the relevant lease conditions so as to let its parking spaces to non-residents, and the annual total amount of wavier fees paid by Link REIT? 7072 LEGISLATIVE COUNCIL ─ 13 April 2016 SECRETARY FOR TRANSPORT AND HOUSING (in Chinese): President, to enable the Hong Kong Housing Authority (HA) to focus its efforts in fulfilling its mission to provide subsidized public housing, and to improve the HA's financial position in the short- to medium-term with proceeds from the divestment of facilities, the HA divested 180 properties, including car-parking facilities, through The Link Real Estate Investment Trust (now known as Link REIT) in 2005. Link REIT has been a private entity since its listing in 2005. The Government and HA do not hold any units of Link REIT. The business direction and day-to-day operation of Link REIT are entirely independent of the Government and HA. Having consolidated inputs from the Development Bureau and the Lands Department (LandsD), my consolidated reply to Mr Alan LEONG's question is as follows: As with all private owners, so long as its operations comply with the legislation and land lease conditions, the Government and HA have no right to interfere with the commercial decisions of Link REIT.