LEGISLATIVE COUNCIL ― 24 February 2021 3727 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 24 February 2021 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.M., 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 JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, G.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.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 MICHAEL TIEN PUK-SUN, B.B.S., J.P. 3728 LEGISLATIVE COUNCIL ― 24 February 2021 THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, G.B.S., J.P. THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. DR THE HONOURABLE CHIANG LAI-WAN, S.B.S., J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. LEGISLATIVE COUNCIL ― 24 February 2021 3729 THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE PAUL CHAN MO-PO, G.B.M., G.B.S., M.H., J.P. FINANCIAL SECRETARY THE HONOURABLE TERESA CHENG YEUK-WAH, G.B.S., S.C., J.P. SECRETARY FOR JUSTICE THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT 3730 LEGISLATIVE COUNCIL ― 24 February 2021 DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE ALFRED SIT WING-HANG, J.P. SECRETARY FOR INNOVATION AND TECHNOLOGY THE HONOURABLE ERICK TSANG KWOK-WAI, I.D.S.M., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE CASPAR TSUI YING-WAI, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE CHRISTOPHER HUI CHING-YU, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY LEGISLATIVE COUNCIL ― 24 February 2021 3731 CLERK IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL 3732 LEGISLATIVE COUNCIL ― 24 February 2021 PRESIDENT (in Cantonese): Good morning. This is the first Legislative Council meeting in the Year of the Ox. I wish you all good health and every success, and the smooth conduct of Legislative Council business in the Year of the Ox. I also wish that Hong Kong will come out of the epidemic expeditiously, for the people to live and work in peace and contentment as well as the business of all trades to thrive. LAYING OF PAPERS ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation Legal Notice No. Registration of Persons (Application for New Identity Cards) Order 2018 (Amendment) Order 2021 ... 16 of 2021 Mutual Legal Assistance in Criminal Matters (Mongolia) Order (Commencement) Notice ..... 17 of 2021 Prevention and Control of Disease (Compulsory Testing for Certain Persons) (Amendment) Regulation 2021 ................................................. 18 of 2021 Dangerous Goods (Control) Regulation ........................ 20 of 2021 Dangerous Goods (Application and Exemption) Regulation 2012 (Amendment) Regulation 2021 .................................................................... 21 of 2021 Protection of Endangered Species of Animals and Plants Ordinance (Amendment of Schedules 1 and 3) Order 2021 ........................................... 22 of 2021 Toys and Children's Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2021 .................................................................... 23 of 2021 Compulsory Quarantine of Certain Persons Arriving at Hong Kong (Amendment) Regulation 2021 ...... 24 of 2021 LEGISLATIVE COUNCIL ― 24 February 2021 3733 Prevention and Control of Disease (Disclosure of Information) (Amendment) Regulation 2021 ..... 25 of 2021 Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places (Amendment) Regulation 2021 .................................................. 26 of 2021 Prevention and Control of Disease (Requirements and Directions) (Business and Premises) (Amendment) Regulation 2021 .......................... 27 of 2021 Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) Regulation 2021 .................................................................... 28 of 2021 Prevention and Control of Disease (Regulation of Cross-boundary Conveyances and Travellers) (Amendment) Regulation 2021 .......................... 29 of 2021 Prevention and Control of Disease (Wearing of Mask) (Amendment) Regulation 2021 .......................... 30 of 2021 Other Papers Hong Kong Council for Accreditation of Academic and Vocational Qualifications Annual Report 2019-20 (including Financial Report and Independent Auditor's Report) Vocational Training Council Annual Report and Financial Report 2019/2020 (including Independent Auditor's Report) Report of the Public Accounts Committee on the Reports of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2020 and the Results of Value for Money Audits (Report No. 75) (February 2021―P.A.C. Report No. 75) 3734 LEGISLATIVE COUNCIL ― 24 February 2021 The Legislative Council Commission Report on the Activities 2019-2020 (including Statement of Accounts and Report of the Director of Audit) Estimates for the year ending 31 March 2022 Volume I―General Revenue Account (not including the Consolidated Summary of Estimates, the General Revenue Account―Summary, and the Revenue Analysis by Head) Volume II―Fund Accounts Report No. 12/20-21 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments WRITTEN ANSWERS TO QUESTIONS Charitable foundations and charities 1. MR ABRAHAM SHEK (in Chinese): President, the Court of Final Appeal handed down a judgment on 18 May 2015, which held that the Chinachem Charitable Foundation ("the Foundation") was to hold the estate of the late Mrs Nina WANG ("the estate") as a trustee; moreover, the Secretary for Justice and the Foundation's Board of Governors were required to formulate an administration scheme for the estate, including the establishment of a supervisory managing organization, to ensure that the estate would be used for charitable purposes in accordance with the testamentary intention of Mrs WANG. Nevertheless, the judgment has not yet been fully implemented since it was handed down over five years ago. On the other hand, "charity" or "charitable purpose" are not defined in the existing legislation, nor is there dedicated legislation which governs charities and their use of donations. In this connection, will the Government inform this Council: (1) whether it will, in the light of the current serious unemployment situation in Hong Kong, recommend that the Foundation's Board of Governors set up an unemployment assistance scheme to provide assistance to members of the public who have been affected by the epidemic; if so, of the details; if not, the reasons for that; LEGISLATIVE COUNCIL ― 24 February 2021 3735 (2) whether it will consider enacting dedicated legislation for the Foundation with a view to monitoring and regulating its operation more effectively; if so, of the details; if not, the reasons for that; and (3) given that there are currently about 9 200 charities in Hong Kong, and tax-exempt donations amounted to as high as $12.7 billion in 2019, whether the Government will enact dedicated legislation so as to regulate charities more comprehensively and effectively; if so, of the details; if not, the reasons for that? SECRETARY FOR JUSTICE (in Chinese): President, in relation to the estate of the late Mrs Nina WANG ("Estate"), I provided a detailed oral response at the Legislative Council on 16 December 2020 about the latest developments regarding the scheme of administration ("Scheme") and the work of the interim administrators. The Secretary for Justice, as the protector of charities, is necessarily a party to charity proceedings and represents the beneficial interest or objects of the charity. The Department of Justice ("DoJ") has been actively following up the blueprint of the Scheme as laid down in the judgment of the Court of Final Appeal dated 18 May 2015 ("CFA Judgment").