LEGISLATIVE COUNCIL ― 6 November 2019 1031 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 6 November 2019 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.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. 1032 LEGISLATIVE COUNCIL ― 6 November 2019 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN LEGISLATIVE COUNCIL ― 6 November 2019 1033 THE HONOURABLE IP KIN-YUEN 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 ALVIN YEUNG THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE CHU HOI-DICK THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P. THE HONOURABLE HO KAI-MING THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. THE HONOURABLE SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN 1034 LEGISLATIVE COUNCIL ― 6 November 2019 THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE TANYA CHAN THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG 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 KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE AU NOK-HIN THE HONOURABLE VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBERS ABSENT: THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. LEGISLATIVE COUNCIL ― 6 November 2019 1035 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE LAU KONG-WAH, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE JOSHUA LAW CHI-KONG, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 1036 LEGISLATIVE COUNCIL ― 6 November 2019 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) PAPERS TO BE LAID 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/Instruments Legal Notice No. Employees Retraining Ordinance (Amendment of Schedule 2) Notice 2019 .................................... 159 of 2019 Tax Reserve Certificates (Rate of Interest) (Consolidation) (Amendment) Notice 2019 ...... 160 of 2019 Other Papers Customs and Excise Service Welfare Fund Financial statements for the year ended 31 March 2019 and its summary, and the Report of the Director of Audit Customs and Excise Service Children's Education Trust Fund Report by the Trustee for the year 1 April 2018 to 31 March 2019 (including Financial statements and Report of the Director of Audit) Hong Kong Science and Technology Parks Corporation 2018-2019 Annual Report (including Consolidated Financial Statements and Independent Auditor's Report) Hong Kong Productivity Council Annual Report, Independent Auditor's Report and Financial Statements 2018-19 LEGISLATIVE COUNCIL ― 6 November 2019 1037 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. Mr Andrew WAN has informed me in advance that Mr WU Chi-wai will ask the question on his behalf. I now call upon Mr WU Chi-wai to raise the first question. Police officers publicly condemning senior officials and expressing political views 1. MR WU CHI-WAI (in Cantonese): On 26 July this year, the Chief Secretary for Administration ("CS") apologized to members of the public for the Police's handling of the incident of some white-clad men attacking members of the public in the MTR Yuen Long Station. On the same day, the Junior Police Officers' Association of the Hong Kong Police Force ("JPOA") issued a statement in response, "lodging the most severe condemnation" against the drawing of a rash conclusion publicly by CS about the right or wrong of the Hong Kong Police Force, and asking those incumbents with insufficient ability to lead the civil servants to vacate their positions for more capable persons. However, in respect of some civil servants initiating a public meeting, the Government issued a solemn statement on 1 August this year, pointing out that according to the Civil Service Code, civil servants must uphold their political neutrality, and must serve the incumbent Chief Executive ("CE") and Government with total loyalty. On 21 October this year, a police sergeant made a remark on a social networking platform, criticizing CE and the Secretary for Home Affairs for having had an in-depth dialogue with demonstrators earlier on. However, according to the Police General Orders, a police officer should at all times abstain from any activity which is likely or appears to be likely to interfere with the impartial discharge of his/her duties, including speaking publicly on matters of a political nature other than in the course of official duties. In this connection, will the Government inform this Council: (1) whether it has assessed if the office-bearers of JPOA, by issuing the aforesaid statement, and the said police sergeant, by making the aforesaid remarks, have breached the Police General Orders and the Civil Service Code; if it has assessed and the outcome is in the affirmative, of the details and the follow-up actions; if the assessment outcome is in the negative, the justifications for that; 1038 LEGISLATIVE COUNCIL ― 6 November 2019 (2) whether it has assessed if the office-bearers of JPOA have overstepped their authority by issuing the statement to condemn CS; if it has assessed and the outcome is in the affirmative, of the follow-up actions; if the assessment outcome is in the negative, the justifications for that; and (3) given that the Government issued a solemn statement in respect of the public meeting initiated by civil servants but kept silent about the statement issued by JPOA and the remarks made by that police sergeant, of the reasons why the Government adopted different approaches towards the aforesaid situations? SECRETARY FOR THE CIVIL SERVICE (in Cantonese): President, the Government attaches great importance to the conduct of civil servants. Civil servants are required to comply with the Civil Service Code, which sets out, among others, the core values of the civil service that civil servants should uphold, including commitment to the rule of law, dedication, impartiality and political neutrality, etc. According to the Civil Service Code, civil servants must maintain political neutrality. No matter what their own political beliefs are, civil servants shall serve the Chief Executive and the Government of the day with total loyalty and to the best of their ability. Civil servants shall also at all times ensure that their views would not impede their performance of official duties in a professional and fair manner. Apart from the Civil Service Code, Heads of Department may, in light of their operational needs, lay down further regulations for compliance by their staff, so as to serve the same purpose. Civil servants, like other members of the public, must abide by the law. The Government will not tolerate or condone any civil servant violating the law. If a civil servant is convicted of a criminal offence, we will seriously follow up each case in accordance with the established mechanism.