LEGISLATIVE COUNCIL ― 3 June 2020 7509 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 3 June 2020 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN 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. 7510 LEGISLATIVE COUNCIL ― 3 June 2020 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 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 KWOK WAI-KEUNG, J.P. LEGISLATIVE COUNCIL ― 3 June 2020 7511 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 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 ALVIN YEUNG THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE CHU HOI-DICK THE HONOURABLE JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. THE HONOURABLE SHIU KA-CHUN 7512 LEGISLATIVE COUNCIL ― 3 June 2020 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 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 VINCENT CHENG WING-SHUN, M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBER ABSENT: THE HONOURABLE CHUNG KWOK-PAN LEGISLATIVE COUNCIL ― 3 June 2020 7513 PUBLIC OFFICERS ATTENDING: THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING 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 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 MR ANDY CHAN SHUI-FU, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 7514 LEGISLATIVE COUNCIL ― 3 June 2020 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) 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. Dentists (Fee Concessions) Regulation 2020 ................ 98 of 2020 Dental Hygienists (Fee Concessions) Regulation 2020 ... 99 of 2020 Medical Practitioners (Fee Concessions) Regulation 2020 .................................................................... 100 of 2020 Midwives (Fee Concessions) Regulation 2020 .............. 101 of 2020 Registered Nurses (Fee Concessions) Regulation 2020 ... 102 of 2020 Enrolled Nurses (Fee Concessions) Regulation 2020 .... 103 of 2020 Medical Laboratory Technologists (Fee Concessions) Regulation 2020 ................................................. 104 of 2020 Occupational Therapists (Fee Concessions) Regulation 2020 .................................................................... 105 of 2020 Optometrists (Fee Concessions) Regulation 2020 ......... 106 of 2020 Radiographers (Fee Concessions) Regulation 2020 ...... 107 of 2020 Physiotherapists (Fee Concessions) Regulation 2020 ... 108 of 2020 LEGISLATIVE COUNCIL ― 3 June 2020 7515 Chiropractors (Fee Concessions) Regulation 2020 ........ 109 of 2020 Chinese Medicine Practitioners (Fee Concessions) Regulation 2020 .................................................. 110 of 2020 Revenue (Reduction of Fees for Pharmacists' Certificates of Registration and Practising Certificates) Order 2020 ..................................... 111 of 2020 Exemption from Salaries Tax and Profits Tax (Anti-epidemic Fund) Order ............................... 112 of 2020 Tax Reserve Certificates (Rate of Interest) (Consolidation) (Amendment) (No. 3) Notice 2020 .................................................................... 113 of 2020 Compulsory Quarantine of Certain Persons Arriving at Hong Kong (Amendment) (No. 3) Regulation 2020 .................................................................... 116 of 2020 Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places (Amendment) (No. 2) Regulation 2020 .................................................. 117 of 2020 Prevention and Control of Disease (Requirements and Directions) (Business and Premises) (Amendment) (No. 3) Regulation 2020 ............. 118 of 2020 Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) (No. 4) Regulation 2020 .................................................. 119 of 2020 Other Paper Report No. 2/19-20 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments 7516 LEGISLATIVE COUNCIL ― 3 June 2020 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Hung Hom Station Extension works under the Shatin to Central Link project 1. MR MICHAEL TIEN (in Cantonese): In May 2018, works quality problems were uncovered in respect of the construction works at and near the Hung Hom Station Extension under the Shatin to Central Link project. The independent commission of inquiry set up by the Government for this matter submitted its final report in March this year. The report has pointed out that the MTR Corporation Limited ("MTRCL") and its contractor, Leighton Contractors (Asia) Limited ("Leighton"), were responsible for the serious deficiencies in their management and supervision systems, and the Government as the overseer, had to bear a measure of responsibility. In this connection, will the Government inform this Council: (1) given that project mismanagement on the part of MTRCL has led to a number of works quality problems and a delay of commissioning of the rail line, whether the Government will consider not paying MTRCL any amount of the management fees for the entire works project; if it will still pay such fees, whether the reason therefor is that the Government is still satisfied with MTRCL's performance; (2) given that Leighton, as the contractor of the works project, has failed to fully comply with the procedures and requirements which aim to ensure works quality and structural safety, thereby compromising its integrity, and yet it is learnt that the Government has so far not completely disqualified Leighton and its related companies from tendering for public works projects, whether the Government will consider imposing heavier punishments on Leighton, including blacklisting Leighton and its related companies to permanently bar them from tendering for all public works and railway projects; if not, of the reasons for that; and (3) given that as the overseer of the project, the Government has failed to play the role of an active participant, whether the Government LEGISLATIVE COUNCIL ― 3 June 2020 7517 will consider holding accountable the main government officials who were then involved (e.g. making a public condemnation); if so, of the specific actions to be taken; if not, the justifications for that? SECRETARY FOR TRANSPORT AND HOUSING (in Cantonese): The Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link Project ("The Commission") submitted its final report ("the Final Report") to the Chief Executive on 27 March this year. After redacting several parts therein to avoid any prejudice to relevant criminal investigations and any potential prosecutions of any criminal offences, the report was published on 12 May this year. The Government welcomes the Commission's conclusion that, with the "suitable measures" in place, the station box (i.e. the diaphragm walls and platform slabs of the Hung Hom Station Extension), North Approach Tunnels, South Approach Tunnels and Hung Hom Stabling Sidings structures will be safe and also fit for purpose. The Government also respects and is actively following up with the Commission's comments and recommendations. We will give a detailed account of the follow-up actions on the recommendations in the Commission's Final Report at the Legislative Council Subcommittee on Matters Relating to Railways meeting on 5 June. The expenses relating to the Hung Hom Station Extension incident are estimated at about $2 billion.