LEGISLATIVE COUNCIL ─ 29 October 2014 843 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 October 2014 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, 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. 844 LEGISLATIVE COUNCIL ─ 29 October 2014 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. 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. DR THE HONOURABLE LEUNG KA-LAU 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 LEGISLATIVE COUNCIL ─ 29 October 2014 845 THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN 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 846 LEGISLATIVE COUNCIL ─ 29 October 2014 THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI 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. LEGISLATIVE COUNCIL ─ 29 October 2014 847 MEMBER ABSENT: THE HONOURABLE CHEUNG KWOK-CHE 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 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 THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH MR JOHN LEE KA-CHIU, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY MR GODFREY LEUNG KING-KWOK, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT 848 LEGISLATIVE COUNCIL ─ 29 October 2014 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MR ANDY LAU KWOK-CHEONG, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 29 October 2014 849 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. Mines (Safety) (Amendment) Regulation 2014 ................. 123/2014 Dangerous Goods (General) (Amendment) (No. 2) Regulation 2014 ...................................................... 124/2014 Dangerous Goods (Government Explosives Depots) (Amendment) Regulation 2014 .............................. 125/2014 Waterworks (Amendment) Regulation 2014 ...................... 126/2014 Banking (Amendment) Ordinance 2012 (Commencement) Notice 2014 ............................................................. 127/2014 Banking (Capital) (Amendment) Rules 2014 ..................... 128/2014 Banking (Liquidity) Rules .................................................. 129/2014 Antiquities and Monuments (Declaration of Historical Buildings) Notice 2014 ........................................... 130/2014 Other Papers No. 16 ─ Environment and Conservation Fund Trustee Report 2013-2014 No. 17 ─ Occupational Safety and Health Council Annual Report 2013-2014 850 LEGISLATIVE COUNCIL ─ 29 October 2014 No. 18 ─ Traffic Accident Victims Assistance Fund Annual Report for the year from 1 April 2013 to 31 March 2014 No. 19 ─ Customs and Excise Service Children's Education Trust Fund Report by the Trustee for the year 1 April 2013 to 31 March 2014 No. 20 ─ Office of the Communications Authority Trading Fund Report 2013/14 No. 21 ─ Electrical and Mechanical Services Trading Fund Report 2013/14 No. 22 ─ Hongkong Post Annual Report 2013/14 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Declaration of Interests by Chief Executive and Members of Executive Council 1. MR ALBERT HO (in Cantonese): President, the incumbent Chief Executive announced his resignation from DTZ on 24 November 2011 to stand in the Chief Executive election. It has recently been reported by some Australian media that a few days before his resignation took effect in December of the same year, the Chief Executive signed an agreement with UGL Limited (UGL), which was then planning to acquire DTZ, undertaking not to poach employees from or compete with DTZ as well as to act as referee and adviser to UGL, within two years after the acquisition was completed. Under the said agreement, the Chief Executive received a remuneration of £4 million in two tranches in December 2012 and December 2013 (that is, after he had taken office as the Chief Executive LEGISLATIVE COUNCIL ─ 29 October 2014 851 on 1 July 2012). In addition, it has been reported that the Chief Executive currently still holds shares in DTZ Japan (the Japanese branch of DTZ), and that the major shareholder of an important client of that company is also the major shareholder of a television company in Hong Kong. As such, some members of the public have queried whether there has been a conflict of interests in the vetting and approval of the applications for domestic free television programme service licences (free TV licences) on the part of the Chief Executive. In this connection, will the Government inform this Council: (1) whether, under the existing mechanism for declaration of interests for the Chief Executive pursuant to Article 47 of the Basic Law, the Chief Executive is required to declare, upon assumption of office, to the Chief Justice of the Court of Final Appeal such remuneration which is receivable but has not yet been received by him under private agreements; if he is required to do so, of the relevant dates and contents of such declarations made in the past two years; if not, the reasons for that; (2) whether, under the existing mechanism for declaration of interests for Members of the Executive Council, the Chief Executive as the President of the Executive Council is required to declare at the beginning of his term of office and annually thereafter such remuneration received by him under private agreements; if he is required to do so, of the relevant dates and contents of such declarations made in the past two years; if not, the reasons for that; and (3) whether any declaration made by the Executive Council Members (including the President of the Executive Council) in the course of vetting the three applications for free TV licences in the past two years involved personal interests in that item under consideration; if so, of the details, and whether the Members concerned had withdrawn from the discussion for this reason? CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, my reply to Mr Albert HO's question, after consulting the Chief Executive's Office, is as follows. 852 LEGISLATIVE COUNCIL ─ 29 October 2014 Mr C Y LEUNG was the Asia Pacific Director of DTZ before he stood for the Chief Executive election. He announced his resignation from DTZ on 24 November 2011. In view of his resignation, UGL, which was at that time acquiring DTZ, concluded with Mr LEUNG a resignation agreement on 2 December 2011.