LEGISLATIVE COUNCIL ─ 13 July 2015 14421 OFFICIAL RECORD OF PROCEEDINGS Monday, 13 July 2015 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.M., 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 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, G.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. 14422 LEGISLATIVE COUNCIL ─ 13 July 2015 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 HAK-KAN, 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 ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN LEGISLATIVE COUNCIL ─ 13 July 2015 14423 THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING, B.B.S. 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 ALICE MAK MEI-KUEN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK 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. 14424 LEGISLATIVE COUNCIL ─ 13 July 2015 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, S.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: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE KENNETH LEUNG DR THE HONOURABLE KWOK KA-KI LEGISLATIVE COUNCIL ─ 13 July 2015 14425 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT MR LAU KONG-WAH, J.P. UNDER SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS CLERKS IN ATTENDANCE: MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL (DESIGNATE) MS ANITA SIT, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 14426 LEGISLATIVE COUNCIL ─ 13 July 2015 BILLS Third Reading of Bills PRESIDENT (in Cantonese): Good morning. Council will now proceed to the Third Reading of the Inland Revenue (Amendment) Bill 2015. INLAND REVENUE (AMENDMENT) BILL 2015 SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY (in Cantonese): President, the Inland Revenue (Amendment) Bill 2015 has passed through the Committee stage without amendment. I move that this Bill be read the Third time and do pass. PRESIDENT (in Cantonese): I now propose the question to you and that is: That the Inland Revenue (Amendment) Bill 2015 be read the Third time and do pass. Does any Member wish to speak? (No Member indicated a wish to speak) PRESIDENT (in Cantonese): I now put the question to you as stated. Will those in favour please raise their hands? (Members raised their hands) PRESIDENT (in Cantonese): Those against please raise their hands. (No hands raised) LEGISLATIVE COUNCIL ─ 13 July 2015 14427 PRESIDENT (in Cantonese): I think the question is agreed by a majority of the Members present. I declare the motion passed. CLERK (in Cantonese): Inland Revenue (Amendment) Bill 2015. MR LEUNG KWOK-HUNG (in Cantonese): President, please do a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members back to the Chamber. (After the summoning bell had been rung, a number of Members returned to the Chamber) Resumption of Second Reading Debate on Bills PRESIDENT (in Cantonese): We now resume the Second Reading debate on the Electoral Legislation (Miscellaneous Amendments) Bill 2015. ELECTORAL LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2015 Resumption of debate on Second Reading which was moved on 22 April 2015 PRESIDENT (in Cantonese): Mr IP Kwok-him, Chairman of the Bills Committee on the above Bill, will address the Council on the Committee's Report. MR IP KWOK-HIM (in Cantonese): President, in my capacity as Chairman of the Bills Committee on Electoral Legislation (Miscellaneous Amendments) Bill 2015 (the Bills Committee), I now report to this Council and give a brief account on the major deliberations of the Bills Committee. The Electoral Legislation (Miscellaneous Amendments) Bill 2015 (the Bill) aims at amending the relevant 14428 LEGISLATIVE COUNCIL ─ 13 July 2015 electoral legislation in order to introduce technical amendments concerning the electorate of functional constituencies (FCs), the name of an FC, counting procedures, and so on, for the 2016 Legislation Council Election. The Bills Committee has held three meetings with the Administration and received views from deputations as well as members of the public. Some members have been concerned that individual bodies had made requests to the Government previously for inclusion in FCs, but had not received definite replies so far. These members have sought an explanation from the Government regarding the procedures for handling the relevant requests, as well as the criteria adopted in considering such requests. The Administration has stated that in keeping with the established practice, the relevant bureaux and departments will be consulted before each Legislative Council general election to review whether the delineation of the electorate of FCs under the Legislative Council Ordinance needs to be adjusted. According to the explanation given by the Government, proposals in the Bill are drawn up after considering the views of relevant bureaux and departments. In line with past practice, the Administration will inform the relevant bodies of the outcome of their requests for inclusion in specific FCs after completion of the relevant legislative exercise. Separately, some members have cited a case about an association in the printing industry (the Association) being restricted to be only eligible for registration as an elector of the Insurance FC. They consider the case unreasonable. The Government has explained that since the Association is an association of underwriters approved by the Insurance Authority under the Insurance Companies Ordinance to carry on insurance business, it fulfils the eligibility to be registered as an elector of the Insurance FC under the Legislative Council Ordinance. In accordance with the Legislative Council Ordinance, the Association can only be registered for the Insurance FC and not for another FC. In addition, a member has taken the view that institutions falling within the definition of electors of the Education FC under the Legislative Council Ordinance have seemingly different interpretations to the term "full-time academic staff engaged in teaching or research and administrative staff of equivalent rank" as stated in the relevant provision. That member has requested the Government to provide a list of all the eligible ranks of staff falling within the said definition in each institution for members' reference. Nonetheless, the Administration has explained that the institutions concerned are required to, in LEGISLATIVE COUNCIL ─ 13 July 2015 14429 accordance with the relevant requirements under the Legislative Council Ordinance, compile lists of staff that are eligible for registration and provide such lists to the Registration and Electoral Office (REO), so as to facilitate the REO to verify particulars of registered electors in the register, in order to confirm their eligibility for registration in the Education FC.