LEGISLATIVE COUNCIL ─ 15 February 2012 5669 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 15 February 2012 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 IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 5670 LEGISLATIVE COUNCIL ─ 15 February 2012 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., 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 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, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.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 AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 15 February 2012 5671 THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU 5672 LEGISLATIVE COUNCIL ─ 15 February 2012 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN PUBLIC OFFICERS ATTENDING: THE HONOURABLE AMBROSE LEE SIU-KWONG, G.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE EVA CHENG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING LEGISLATIVE COUNCIL ─ 15 February 2012 5673 CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MRS CONSTANCE LI TSOI YEUK-LIN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 5674 LEGISLATIVE COUNCIL ─ 15 February 2012 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: Subsidiary Legislation/Instrument L.N. No. Mutual Legal Assistance in Criminal Matters (Finland) Order (Commencement) Notice ....................................... 21/2012 Other Papers No. 70 ─ 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 2011 and the Results of Value for Money Audits (Report No. 57) (February 2012 ─ P.A.C. Report No. 57) Report No. 12/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Addresses. Dr Philip WONG will address the Council on the Report of the Public Accounts Committee No. 57. LEGISLATIVE COUNCIL ─ 15 February 2012 5675 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 2011 and the Results of Value for Money Audits (Report No. 57) (February 2012 ─ P.A.C. Report No. 57) DR PHILIP WONG (in Cantonese): President, on behalf of the Public Accounts Committee (PAC), I table our Report No. 57. This Report corresponds with the Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2011 and his Report No. 57 on the results of value for money audits (Audit Report). The PAC's Report contains three main parts: (a) the PAC's assessment of the actions taken by the Administration in response to our recommendations made in the PAC's previous Reports Nos. 54 and 55; (b) our observations on the Report of the Director of Audit on the Accounts of the Government for the year ended 31 March 2011; and (c) the conclusions reached by the PAC on the Audit Report. On the Audit Report, the PAC has, as in the past, selected for detailed examination only those chapters in the Audit Report which, in our view, contained more serious allegations of irregularities or shortcomings. The Report tabled today covers our deliberations on the three chapters selected. I now succinctly report the conclusions and recommendations made by the PAC. Regarding the chapter on "Food labelling and nutrition labelling of infant and special dietary foods", the PAC considers that the Administration has failed to effectively discharge its role as the food safety authority in overseeing and regulating the nutritional composition and labelling of infant and special dietary foods marketed in Hong Kong, and hence public health has not been adequately safeguarded. The PAC expresses deep regret in this regard and finds it unacceptable. 5676 LEGISLATIVE COUNCIL ─ 15 February 2012 The PAC notes that although the Administration undertook in as early as 2005 to review the need for introducing nutrition labelling requirements covering infant and special dietary foods, up until today, after a lapse of six years, no such review has been conducted by the Administration. Despite the fact that many countries have already developed comprehensive ordinances or regulations governing the nutritional composition and labelling of infant and follow-up formulae to be marketed in their countries, Hong Kong has not yet developed such ordinances or regulations. Moreover, since the International Code of Marketing of Breast-milk Substitutes was issued by the World Health Organisation (the WHO Code) some 30 years ago, many countries have already developed their advertising and marketing guidelines applicable to their own countries for compliance by the trade. Nevertheless, no measures have been taken in Hong Kong to require compliance with the WHO Code. Against the above background, the PAC considers that the Secretary for Food and Health has been inordinately slow in considering the introduction of appropriate ordinances or regulations to govern nutritional composition and labelling of infant and special dietary foods marketed in Hong Kong, and that Hong Kong is lagging behind many countries in regulating the various aspects of infant and follow-up formulae. The Audit Report has also revealed that there are cases of blatant breaches of the standards of the Codex Alimentarius Commission and the WHO Code. However, since it is not a legal requirement in Hong Kong to comply with those standards and the WHO Code, no action or prosecution against such breaches has been taken or instituted by the Administration. Besides, the PAC finds that the Centre for Food Safety (CFS) and the Food and Environmental Hygiene Department (FEHD) have not given the appropriate priority to protecting the health of infants and people with special dietary needs. Although the practice of promoting foods for infants through making nutrition, health and other claims is prevalent in Hong Kong and even the Director of Health has admitted that the growing trend of making misleading or exaggerated claims in promoting formulae for young children is a cause for concern, the CFS has not taken proactive actions to verify the validity of such claims, or to stop food traders from making such claims. Also, the CFS and the LEGISLATIVE COUNCIL ─ 15 February 2012 5677 FEHD have not always properly followed through the complaints and enquiries they received.