LEGISLATIVE COUNCIL ─ 13 April 2011 9037 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 13 April 2011 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. 9038 LEGISLATIVE COUNCIL ─ 13 April 2011 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, S.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 ─ 13 April 2011 9039 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 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 9040 LEGISLATIVE COUNCIL ─ 13 April 2011 THE HONOURABLE PAUL TSE WAI-CHUN 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 HENRY TANG YING-YEN, G.B.M., G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS 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 LEGISLATIVE COUNCIL ─ 13 April 2011 9041 THE HONOURABLE DENISE YUE CHUNG-YEE, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE 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 MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EDWARD YAU TANG-WAH, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING MR GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR ROBIN IP MAN-FAI HEAD, CENTRAL POLICY UNIT DR KITTY POON KIT, J.P. UNDER SECRETARY FOR THE ENVIRONMENT MR KENNETH CHEN WEI-ON, J.P. UNDER SECRETARY FOR EDUCATION MS JULIA LEUNG FUNG-YEE, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING 9042 LEGISLATIVE COUNCIL ─ 13 April 2011 MS FLORENCE HUI HIU-FAI, J.P. UNDER SECRETARY FOR HOME AFFAIRS MISS ADELINE WONG CHING-MAN, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS 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 LEGISLATIVE COUNCIL ─ 13 April 2011 9043 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments No. Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 2011....................... L.N. 56/2011 Dangerous Drugs Ordinance (Amendment of Fourth Schedule) Order 2011 ........................ L.N. 57/2011 Administrative Instructions for Regulating Admittance and Conduct of Persons (Amendment) Instructions 2011.................... L.N. 58/2011 Disability Discrimination Ordinance ― Revised Code of Practice on Employment.................. G.N. 2159/2011 Other Papers No. 88 ─ Report No. 56 of the Director of Audit on the results of value for money audits ― March 2011 Report of the Committee on Members' Interests on its consideration of the complaints against Hon LAU Wong-fat in relation to his failure to register interests with the Clerk to the Legislative Council pursuant to Rule 83 of the Rules of Procedure Report No. 19/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESSES PRESIDENT (in Cantonese): Address. Mr Paul CHAN will address the Council on the "Report of the Committee on Members' Interests on its consideration of the complaints against Hon LAU Wong-fat in relation to his failure to register interests with the Clerk to the Legislative Council pursuant to Rule 83 of the Rules of Procedure". 9044 LEGISLATIVE COUNCIL ─ 13 April 2011 Report of the Committee on Members' Interests on its consideration of the complaints against Hon LAU Wong-fat in relation to his failure to register interests with the Clerk to the Legislative Council pursuant to Rule 83 of the Rules of Procedure MR PAUL CHAN (in Cantonese): Good morning, President and Honourable colleagues. On behalf of the Committee on Members' Interests (CMI), I will make a report prepared by the CMI to the Legislative Council on a number of complaints against Mr LAU Wong-fat and summarize the content of the report. To start with, President, I would like to explain why I was tasked with chairing the meetings held to consider the complaints against Mr LAU Wong-fat. To preserve the perceived impartiality of the CMI, its Chairman, Mrs Sophie LEUNG, indicated her intention of not chairing the relevant meetings as she and Mr LAU were affiliated to the same political grouping, the Economic Synergy. For the same reason, the CMI also decided that its Deputy Chairman, Ms Emily LAU, was not suitable to take over the chair given that she had referred one of the complaints to the CMI to follow up and had openly commented on the allegations against Mr LAU. As a result, the CMI, in accordance with its own procedure, elected me to chair the relevant meetings. In this connection, I had declared my interests, the details of which are set out in the report. Hence, I do not intend to repeat them in detail here. During the period from 4 October 2010 to 13 October 2010, the CMI received three categories of complaints against Mr LAU: (1) Two allegations were made in the first category of complaints: (a) Mr LAU's alleged breach of the Executive Council's guidelines on registration of interests; and (b) concern expressed about the way the Chief Executive had handled the relevant complaints. (2) Two allegations were made in the second category of complaints: (a) Mr LAU had failed to register certain properties and he owned nearly 200 pieces of land as well as over a hundred companies; and (b) the Legislative Council was requested to investigate whether Mr LAU had used insider information to speculate on land and properties. LEGISLATIVE COUNCIL ─ 13 April 2011 9045 (3) The third category of complaints alleged that Mr LAU had failed to register with the Clerk to the Legislative Council (the Clerk) his shareholdings in a number of companies. The complainants requested the Complaints Division of the Legislative Council Secretariat (the Secretariat) to follow up seriously the alleged breach of the Legislative Council's guidelines on registration of Members' interests by Mr LAU. The CMI has held a total of five meetings to consider a number of complaints against Mr LAU Wong-fat.