LEGISLATIVE COUNCIL ─ 26 January 2005 3331 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 26 January 2005 The Council met at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, 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.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.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, 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 THE HONOURABLE CHAN YUEN-HAN, J.P. 3332 LEGISLATIVE COUNCIL ─ 26 January 2005 THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, 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 THE HONOURABLE LAU CHIN-SHEK, J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, 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 THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. LEGISLATIVE COUNCIL ─ 26 January 2005 3333 THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, 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. DR THE HONOURABLE JOSEPH LEE KOK-LONG THE HONOURABLE DANIEL LAM WAI-KEUNG, B.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE MA LIK, 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. 3334 LEGISLATIVE COUNCIL ─ 26 January 2005 THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE ALBERT JINGHAN CHENG THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN PUBLIC OFFICERS ATTENDING: THE HONOURABLE DONALD TSANG YAM-KUEN, G.B.M., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE ELSIE LEUNG OI-SIE, G.B.M., J.P. THE SECRETARY FOR JUSTICE PROF THE HONOURABLE ARTHUR LI KWOK-CHEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION AND MANPOWER THE HONOURABLE JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE DR THE HONOURABLE PATRICK HO CHI-PING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE STEPHEN IP SHU-KWAN, G.B.S., J.P. SECRETARY FOR ECONOMIC DEVELOPMENT AND LABOUR LEGISLATIVE COUNCIL ─ 26 January 2005 3335 DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS 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 HEALTH, WELFARE AND FOOD CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 3336 LEGISLATIVE COUNCIL ─ 26 January 2005 PRESIDENT (in Cantonese): Mr LEE Cheuk-yan, please be seated. MEMBERS' MOTIONS PRESIDENT (in Cantonese): Proposed resolution under Rule 91 of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region. PROPOSED RESOLUTION UNDER RULE 91 OF THE RULES OF PROCEDURE OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MS MIRIAM LAU (in Cantonese): Madam President, I move that the resolution standing in my name be passed, and that is, Rules 23(2) and 24(3) of the Rules of Procedure be suspended. Last Wednesday when we were just about to proceed to the questions on the Agenda, we lacked a quorum and the President announced that the meeting be adjourned. In order that the 19 questions originally scheduled for that meeting can be raised at this meeting, I, in my capacity as Chairman of the House Committee, move that Rules 23(2) and 24(3) of the Rules of Procedure be suspended. Rule 23(2) provides that no more than 20 questions are allowed at each Council meeting and Rule 24(3) provides that each Member is allowed to ask no more than two questions at each Council meeting. I urge Members to support this resolution. Thank you, Madam President. Ms Miriam LAU moved the following motion: "RESOLVED that Rules 23(2) and 24(3) of the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be suspended to enable Members to ask, at this Council meeting, the questions scheduled for the Council meeting held on 19 January 2005 but were not asked." LEGISLATIVE COUNCIL ─ 26 January 2005 3337 PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Ms Miriam LAU be passed. PRESIDENT (in Cantonese): Does any Member wish to speak? (No Member indicated a wish to speak) PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (No hands raised) PRESIDENT (in Cantonese): I think the question is agreed by a majority respectively of each of the two groups of Members, that is, those returned by functional constituencies and those returned by geographical constituencies through direct elections, who are present. I declare the motion passed. ORAL ANSWERS TO QUESTIONS (Questions originally scheduled for the last Council meeting) PRESIDENT (in Cantonese): Questions. According to House Rules, question time normally does not exceed one and a half hours, that is, each question is allocated about 15 minutes on average. After a Member has asked a main question and the relevant official has given reply, the Member who asks a question has priority to ask the first supplementary. Other Members who wish to ask supplementary questions will please indicate their wish by pressing the "Request-to-speak" button and wait for his/her turn. 3338 LEGISLATIVE COUNCIL ─ 26 January 2005 A supplementary should only contain one question and should be as concise as possible so that more supplementaries may be asked by Members. Members should not make statements when asking supplementaries, as this contravenes Rule 26(5) of the Rules of Procedure. First question. Performance and Conduct of Civil Servants 1. MR ANDREW LEUNG (in Cantonese): Madam President, regarding the performance and conduct of civil servants, will the Government inform this Council: (a) given that the authorities revised the procedures in 2003 to enable them to take action under Section 12 of the Public Service (Administration) Order to require an officer to retire in the public interest, if his/her performance is rated unsatisfactory within an appraisal period of 12 consecutive months and evidence shows that appropriate counselling and warning have been given by the management, whether they have assessed if the procedures can facilitate management actions and the effectiveness of such actions; if they have, of the assessment results; and (b) whether measures will be taken to further enhance the performance of civil servants and maintain their integrity in order to ensure that Hong Kong will continue to have a meritorious and honest Civil Service; if so, of the details of these measures? SECRETARY FOR THE CIVIL SERVICE (in Cantonese): Madam President, the Government is committed to maintaining a professional, efficient and honest Civil Service. Apart from giving due recognition to the meritorious performance of civil servants, our civil service management system also screens out substandard performers and places them under supervision to help them attain the required standard of performance. Appropriate actions will be taken to handle staff with persistent substandard performance, including where appropriate the compulsory retirement of an officer in the public interest. As regards integrity, all civil servants are expected to observe the rule of law and act LEGISLATIVE COUNCIL ─ 26 January 2005 3339 with impartiality and honesty. They must abide by the code of conduct embodied in various civil service rules and regulations and uphold high standards of probity in both their official capacity and daily life. The Government takes a firm stand towards acts of misconduct committed by civil servants. Once allegations are substantiated through due process, the Government will not hesitate to impose appropriate disciplinary punishment according to the circumstances of the case.