LEGISLATIVE COUNCIL ─ 14 June 2007 8865 OFFICIAL RECORD OF PROCEEDINGS Thursday, 14 June 2007 The Council continued to meet at Nine 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. IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. THE HONOURABLE FRED LI WAH-MING, 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. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. 8866 LEGISLATIVE COUNCIL ─ 14 June 2007 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.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 CHOY SO-YUK, 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, J.P. THE HONOURABLE LI FUNG-YING, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 14 June 2007 8867 THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP 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, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., 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. THE HONOURABLE RONNY TONG KA-WAH, S.C. 8868 LEGISLATIVE COUNCIL ─ 14 June 2007 THE HONOURABLE CHIM PUI-CHUNG PROF 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 MEMBERS ABSENT: THE HONOURABLE ALBERT HO CHUN-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MA LIK, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOSEPH WONG WING-PING, G.B.S., J.P. SECRETARY FOR COMMERCE, INDUSTRY AND TECHNOLOGY THE HONOURABLE FREDERICK MA SI-HANG, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE LEGISLATIVE COUNCIL ─ 14 June 2007 8869 CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS VIVIAN KAM NG LAI-MAN, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL 8870 LEGISLATIVE COUNCIL ─ 14 June 2007 PRESIDENT (in Cantonese): Clerk, a quorum is absent. Will you please ring the bell to summon Members to enter the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): A quorum is now present. The meeting now starts. MOTIONS PRESIDENT (in Cantonese): Motions. Proposed resolution under the Interpretation and General Clauses Ordinance. PRESIDENT (in Cantonese): I now call upon the Secretary for Constitutional Affairs to speak and move his motion. PROPOSED RESOLUTION UNDER THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE SECRETARY FOR CONSTITUTIONAL AFFAIRS (in Cantonese): Good morning, Madam President. Good morning, Members. I move that the Government's resolution proposed under section 54A of the Interpretation and General Clauses Ordinance (Cap. 1), as set out on the Agenda, be passed. The objective of the resolution is to effect transfer of statutory functions from 1 July 2007 pursuant to the reorganization proposal as announced by the Chief Executive on 3 May 2007. The reorganization serves two key objectives. Firstly, the reorganization aims to rationalize the distribution of responsibilities between Policy Bureaux. Putting related responsibilities under one Bureau will help optimize the synergy and enable the Government to sharpen its focus on important and complex issues. Secondly, the proposal will better facilitate implementation of the priority policy initiatives under different portfolios as pledged by the Chief Executive to meet the opportunities and challenges of Hong Kong ahead. LEGISLATIVE COUNCIL ─ 14 June 2007 8871 According to the reorganization proposal, there will be 12 Directors of Bureau, with the net addition of one, being the Secretary for Labour and Welfare. In addition, the reorganization also involves realignment of the portfolios of some of the existing Directors of Bureau. The reorganization proposal was set out in the Legislative Council Brief on "Reorganization of Policy Bureaux of the Government Secretariat" issued to Members on 3 May 2007. Where the reorganization involves transfer of statutory functions from one Bureau to another, legislative amendments are required to give legal effect to the transfer. The legislative amendments will need to come into force on 1 July 2007. Such legislative amendments, in draft form, were set out in the Legislative Council Brief issued on 9 May 2007. The resolution was discussed in the Legislative Council Panel on Constitutional Affairs and the Subcommittee under the House Committee. I wish to explain the aspects covered by the Government's resolution under section 54A of Cap. 1. The proposed resolution provides that the statutory functions currently exercisable by the named existing Directors of Bureau be transferred to the named Directors of Bureau after the reorganization. The resolution will not involve substantive amendments to the statutory functions (including powers and duties) provided for in the relevant ordinances. The resolution will provide for the simple substitution of the current title of the Director of Bureau by the new title of the Director of Bureau in whom policy responsibility for the provisions in question is to be vested with effect from 1 July 2007. Where appropriate, the proposed resolution also covers the titles of Permanent Secretaries and Policy Bureaux involved. After the passage of the proposed resolution, the Chief Executive in Council will make an order to amend the list of public officers specified in Schedule 6 to Cap. 1. The Order will also have to come into force on 1 July 2007. Over the past few years, we have, in the context of consulting the community, Members of the Legislative Council and various advisory groups, received feedback that there is a need to review the existing alignment of policy responsibilities to take account of the changes in workload and scope of various policies. The reorganization proposal is a considered response to these comments and it is generally supported by different political parties and political 8872 LEGISLATIVE COUNCIL ─ 14 June 2007 groups, and also by the community as a whole. I would like to appeal to Members to support the Government's resolution, so that the reorganization of Policy Bureaux of the Government Secretariat can take effect from 1 July 2007 in conjunction with the commencement and the work of the third term Government of the Hong Kong Special Administrative Region. Thank you, Madam President. The Secretary for Constitutional Affairs moved the following motion: "RESOLVED that with effect from 1 July 2007 - (1) the functions exercisable by the Secretary for Constitutional Affairs by virtue of - (a) the Federation of Hong Kong Industries Ordinance (Cap. 321) be transferred to the Secretary for Constitutional and Mainland Affairs and, for the purpose of giving full effect to such transfer, that Ordinance be amended in section 45(5) by repealing "Secretary for Constitutional Affairs" and substituting "Secretary for Constitutional and Mainland Affairs"; (b) the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541 sub. leg. B) be transferred to the Secretary for Constitutional and Mainland Affairs and, for the purpose of giving full effect to such transfer, that Regulation be amended in section 9(6A)(b) by repealing "Secretary for Constitutional Affairs" and substituting "Secretary for Constitutional and Mainland Affairs"; (c) the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap. 541 sub. leg. D) be transferred to the Secretary for Constitutional and Mainland Affairs and, for the LEGISLATIVE COUNCIL ─ 14 June 2007 8873 purpose of giving full effect to such transfer, that Regulation be amended in section 84(6)(b) by repealing "Secretary for Constitutional Affairs" and substituting "Secretary for Constitutional and Mainland Affairs"; (d) the Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation (Cap.