LEGISLATIVE COUNCIL ─ 11 December 2013 4211 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 December 2013 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. 4212 LEGISLATIVE COUNCIL ─ 11 December 2013 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 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, B.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. LEGISLATIVE COUNCIL ─ 11 December 2013 4213 THE HONOURABLE LEUNG KWOK-HUNG 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 THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN 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. 4214 LEGISLATIVE COUNCIL ─ 11 December 2013 THE HONOURABLE KENNETH LEUNG 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, 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, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU 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 LEGISLATIVE COUNCIL ─ 11 December 2013 4215 PUBLIC OFFICERS ATTENDING: THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION 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 PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT PROF SOPHIA CHAN SIU-CHEE, J.P. UNDER SECRETARY FOR FOOD AND HEALTH 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 MRS PERCY MA, ASSISTANT SECRETARY GENERAL 4216 LEGISLATIVE COUNCIL ─ 11 December 2013 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back 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: Subsidiary Legislation/Instrument L.N. No. Import and Export (General) Regulations (Amendment of Schedule 7) (No. 2) Notice 2013 ........................... 198/2013 Other Papers No. 47 ─ Immigration Service Welfare Fund Report on the administration of the Fund prepared by the Director of Immigration Incorporated in accordance with section 12(b) of the Immigration Service (Welfare Fund) Regulation No. 48 ─ The Prince Philip Dental Hospital 2012/13 Annual Report The Board of Governors No. 49 ─ The Government Minute in response to the 25th Annual Report of The Ombudsman 2013 PRESIDENT (in Cantonese): Members, 10 minutes before the meeting commences, you will hear in the Legislative Council Complex the Secretariat's announcement advising you that the meeting will start in 10 minutes. Please be punctual so that Members and officials attending on time do not have to wait for a while before there is a quorum for the meeting to commence. LEGISLATIVE COUNCIL ─ 11 December 2013 4217 ADDRESSES PRESIDENT (in Cantonese): Address. The Chief Secretary for Administration will address the Council on "The Government Minute in response to the 25th Annual Report of The Ombudsman 2013". The Government Minute in response to the 25th Annual Report of The Ombudsman 2013 CHIEF SECRETARY FOR ADMINISTRATION (in Cantonese): President, the 25th Annual Report of The Ombudsman (Annual Report) was tabled before the Legislative Council on 10 July this year. I now submit to the Legislative Council the Government Minute in response to the recommendations in the Annual Report. In the Annual Report, The Ombudsman summarized six direct investigations and 169 full investigations, and made a total of 217 recommendations. Save for six recommendations, the Government and relevant public bodies have accepted all the recommendations from The Ombudsman, and have taken or are taking various measures to implement the recommendations. As to the six recommendations not accepted, they involve one direct investigation and two full investigations conducted by The Ombudsman. The relevant departments, namely the Food and Environmental Hygiene Department and the Labour Department, have given explanations to The Ombudsman as set out in detail in this Government Minute. The Office of The Ombudsman (Office) has noted or accepted the departments' explanations. President, The Ombudsman has been playing a very important role in raising the quality and standard of administration of Hong Kong's public services, and the achievements are evident to all. The Ombudsman receives complaints from the public, and then carries out independent and impartial investigations. If maladministration is found in government departments and public bodies, The Ombudsman will suggest positive recommendations and improvement measures. During the investigations by The Ombudsman, many departments have proactively taken improvement measures, so The Ombudsman's investigations are virtually a catalyst for administrative reform. In fact, as indicated by The Ombudsman in the Annual Report, over 40% of complaints were found 4218 LEGISLATIVE COUNCIL ─ 11 December 2013 unsubstantiated. This fully reflects that if there is no maladministration in public bodies, The Ombudsman will also confirm that their practices are sensible and reasonable. I am concerned about The Ombudsman's observations that some government officers do not appreciate the positive meaning of the Office's intervention and have behaved in an overly defensive manner towards its investigations; and some departments were lax in keeping proper records. We will urge departments to make improvements in these areas. With rapid social development, the Government understands that it must closely monitor new trends and remind departments to proactively handle new challenges in a flexible manner. In summarizing the handling of complaints over the past year, The Ombudsman pointed out the three categories of improvement measures where most recommendations were made by the Office, and they were measures for better client services, enhanced guidelines for staff, and clearer and more timely information for the public. We will remind department heads to pay more attention to improving front-line services and giving adequate support to front-line staff. We will also continue to foster effective collaboration among departments through, inter alia, the lining up of inter-departmental meetings and the establishment of inter-departmental groups and offices, with a view to developing a more joined-up government so as to address public aspirations more efficiently and comprehensively. Moreover, in the Annual Report, The Ombudsman also recommended government departments and public bodies to adopt a more open attitude towards the making of apologies. In this regard, the Department of Justice set up the Steering Committee on Mediation (Committee) at the end of last year to further develop mediation services. Prior to the publication of the Annual Report by The Ombudsman, the Committee had already commenced a number of studies, including studying the introduction of apology legislation to allow individuals, private organizations, government organs and public bodies more flexibility in law to deal with apologies and related matters.