LEGISLATIVE COUNCIL ─ 5 February 2015 5877 OFFICIAL RECORD OF PROCEEDINGS Thursday, 5 February 2015 The Council continued to meet at half-past Two o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.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 VINCENT FANG KANG, S.B.S., J.P. 5878 LEGISLATIVE COUNCIL ─ 5 February 2015 THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN, J.P. THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, S.B.S. THE HONOURABLE IP KWOK-HIM, G.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 ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO LEGISLATIVE COUNCIL ─ 5 February 2015 5879 THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI 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, J.P. DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK 5880 LEGISLATIVE COUNCIL ─ 5 February 2015 THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU, J.P. DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. MEMBERS ABSENT: PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 5 February 2015 5881 PUBLIC OFFICERS ATTENDING: MR LAU KONG-WAH, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY MR JOHN LEE KA-CHIU, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY CLERKS IN ATTENDANCE: MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 5882 LEGISLATIVE COUNCIL ─ 5 February 2015 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Council will now resume and continue with the debate on the motion "Seeking the invalidation of the decision of the Standing Committee of the National People's Congress and reactivating the constitutional reform process". SEEKING THE INVALIDATION OF THE DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS AND REACTIVATING THE CONSTITUTIONAL REFORM PROCESS Continuation of debate on motion which was moved on 4 February 2015 MR SIN CHUNG-KAI (in Cantonese): President, yesterday, I attended the cocktail reception organized by the Liaison Office of the Central People's Government in the HKSAR (Liaison Office). Before the cocktail reception, I submitted a letter to the Liaison Office, which reads as follows: "On 31 August 2014, the Standing Committee of the National People's Congress (NPCSC) published the Decision of the Standing Committee of the National People's Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 (Decision), which sets out the framework for the selection of the Chief Executive by universal suffrage in 2017. The Decision has placed three major obstacles to universal suffrage, including: (1) the nominating committee to nominate Chief Executive candidates shall be formed with reference to the current provisions regarding the method for forming the existing Election Committee of 1 200 members; (2) the Chief Executive candidates must have the endorsement of more than half of the members of the nominating committee, and (3) there will be only two to three Chief Executive candidates, and members of the public can select their Chief Executive by "one person, one vote" only after screening by the nominating committee. "The Democratic Party strongly believes that the SAR Government will not be able to come up with a proposal that allows members of the public to genuinely select the Chief Executive by universal suffrage in 2017 under the LEGISLATIVE COUNCIL ─ 5 February 2015 5883 framework of the 31 August Decision. We have therefore reiterated time and again that the six Legislative Council Members from the Democratic Party will, together with other pan-democratic Members, veto the constitutional reform package proposed by the SAR Government on the basis of the 31 August Decision in this Council. "After Beijing made the 31 August Decision, a storm stirred up in Hong Kong, with people in pursuit of genuine universal suffrage engaging in peaceful fights. Waves of protests and class boycotts have ultimately triggered a large-scale civil disobedience movement called the Umbrella Movement. I think you …" ― refers to the Chairman of the NPCSC, Mr ZHANG Dejiang ― "I think you are also aware that the pan-democratic camp published a report on Hong Kong's recent community situation on 30 December 2014, giving a detailed account of the causes and processes of the Umbrella Movement. The report has also been passed to the Central Government. In brief, most of the participants of the movement have strictly adhered to the non-violent principle and demonstrated the qualities of a good citizen. Their demand is also loud and clear, and that is, to urge the Central Government to honour the solemn undertaking made to Hong Kong people, so that the 2017 Chief Executive election shall comply with the principles of universality and equality and people of different political views can stand for the election. "As you said when you met with the Delegation of the Hong Kong Federation of Trade Unions in September 2014, the NPCSC Decision has the highest legal authority and is unshakable. However, Article 62(11) of the Constitution of the People's Republic of China provides that one of the functions and powers of the National People's Congress (NPC) is to 'alter or annul inappropriate decisions of the NPCSC.' Thus, the 31 August Decision can be amended. "The Interpretation by the Standing Committee of the National People's Congress of Article 7 of Annex I and Article 3 of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, adopted at the Eighth Session of the Standing Committee of the Tenth National People's Congress in April 2004, has set out the 'Five-step Process' of Hong Kong's constitutional reform, under which the second step requires the NPCSC to determine whether the electoral methods need to be amended. In the Explanations on the Draft Decision submitted to the NPCSC, the question about 5884 LEGISLATIVE COUNCIL ─ 5 February 2015 leaving the decision of 'whether there is a need to amend' and 'how to amend' to the Central Authorities has been raised. In the end, the NPCSC endorsed that after 2007, the decision on whether there is a need to amend the method for selecting the Chief Executive shall be made by the NPCSC, and the proposed amendments shall be introduced by the SAR Government to the Legislative Council. Such amendments shall obtain the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive before being submitted to the NPCSC for approval. In other words, the decision to be made by the Central Authorities on 'whether there is a need to amend' appears in the second step of the 'Five-step Process', whereas the decision on 'how to amend' appears in the fifth step.