LEGISLATIVE COUNCIL ─ 28 March 2012 7465 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 28 March 2012 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. 7466 LEGISLATIVE COUNCIL ─ 28 March 2012 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, G.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 ─ 28 March 2012 7467 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, J.P. 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 THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 7468 LEGISLATIVE COUNCIL ─ 28 March 2012 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 MEMBER ABSENT: DR THE HONOURABLE LEUNG KA-LAU PUBLIC OFFICERS ATTENDING: THE HONOURABLE STEPHEN LAM SUI-LUNG, 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 MR KENNETH CHEN WEI-ON, J.P. SECRETARY FOR EDUCATION 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 ─ 28 March 2012 7469 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 EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE EVA CHENG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE RAYMOND TAM CHI-YUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS PROF LAU SIU-KAI, J.P. HEAD, CENTRAL POLICY UNIT DR KITTY POON KIT, J.P. UNDER SECRETARY FOR THE ENVIRONMENT 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 MS FLORENCE HUI HIU-FAI, J.P. UNDER SECRETARY FOR HOME AFFAIRS 7470 LEGISLATIVE COUNCIL ─ 28 March 2012 MR LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. UNDER SECRETARY FOR SECURITY 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 MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 28 March 2012 7471 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) PRESIDENT (in Cantonese): Will the person who sit on the seat of Mr LEUNG Kwok-hung please take off the mask. Please put down your mask. TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Securities and Futures (Offences and Penalties) (Amendment) Regulation 2012 .............................. 45/2012 Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 2012 ........... 46/2012 Higher Rights of Audience Rules....................................... 47/2012 Securities and Futures (Short Position Reporting) Rules .... 48/2012 Other Papers No. 83 ─ Report by the Commissioner of Correctional Services of Hong Kong Incorporated on the Administration of the Correctional Services Department Welfare Fund for the year ended 31 March 2011 No. 84 ─ Financial Reporting Council Annual Report 2011 Report of the Legislative Council Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the Motion to censure Honourable KAM Nai-wai 7472 LEGISLATIVE COUNCIL ─ 28 March 2012 Report No. 15/11-12 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Road Traffic (Amendment) (No. 2) Bill 2011 ADDRESSES PRESIDENT (in Cantonese): Address. Mrs Sophie LEUNG will address the Council on the "Report of the Legislative Council Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the Motion to censure Honourable KAM Nai-wai". Report of the Legislative Council Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the Motion to censure Honourable KAM Nai-wai MRS SOPHIE LEUNG (in Cantonese): President, in my capacity as Chairman of the Investigation Committee established under Rule 49B(2A) of the Rules of Procedure in respect of the Motion to censure Honourable KAM Nai-wai (Investigation Committee), I table before this Council the report of the Investigation Committee. Ms Miriam LAU moved a motion to censure Mr KAM Nai-wai at the Council meeting on 9 December 2009. This is the first time a motion was moved by a Member to censure another Member for alleged misbehaviours in accordance with Article 79(7) of the Basic Law since the establishment of the Hong Kong Special Administrative Region (HKSAR). The President of the Legislative Council shall declare that the Member will no longer qualified for the office when he is censured for misbehaviour or breach of oath by a vote of two thirds of the Members present. The Investigation Committee is established under Rule 49B(2A) of the Rules of Procedure (RoP) and is responsible for establishing the facts stated in the motion and giving its views on whether or not the facts as established constitute grounds for the proposed censure. LEGISLATIVE COUNCIL ─ 28 March 2012 7473 As it is the first time an investigation committee is established by the Legislative Council, though Rule 73A of RoP has prescribed the basic mode of operation, the Investigation Committee formulated a set of practice and procedure on the basis of the framework of procedural provisions of RoP before it begins its substantive work, so as to ensure that the Member under investigation, the Members making the allegations, and the other parties involved in the investigation will be treated fairly. In formulating the set of practice and procedure, the Investigation Committee has made reference to some generally applicable principles of natural justice as well as the procedures adopted by other committees of the Legislative Council and legislatures in other jurisdictions in conducting similar investigations; in addition, it has taken into consideration the views expressed by Members, including Mr KAM, who is under investigation. After thorough discussion, special arrangements have been added to the set of practice and procedure to address views raised by all parties concerned. First of all, Mr KAM has requested the permission of the Investigation Committee to cross-examine the witnesses by himself or by his counsel.