LEGISLATIVE COUNCIL ─ 17 October 2012 17 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 17 October 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 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, 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 VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. 18 LEGISLATIVE COUNCIL ─ 17 October 2012 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 WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN 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, J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, B.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 LEGISLATIVE COUNCIL ─ 17 October 2012 19 THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. 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 THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN 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 20 LEGISLATIVE COUNCIL ─ 17 October 2012 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, 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, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU 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 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY LEGISLATIVE COUNCIL ─ 17 October 2012 21 THE HONOURABLE RIMSKY YUEN KWOK-KEUNG, S.C., J.P. THE SECRETARY FOR JUSTICE PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING 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, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE RAYMOND TAM CHI-YUEN, G.B.S., 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 THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE PAUL TANG KWOK-WAI, J.P. SECRETARY FOR THE CIVIL SERVICE 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 THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT 22 LEGISLATIVE COUNCIL ─ 17 October 2012 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 17 October 2012 23 TAKING OF LEGISLATIVE COUNCIL OATH PRESIDENT (in Cantonese): Members will please be seated. The Oath-taking will now start. PRESIDENT (in Cantonese): Mr WONG Yuk-man. Please take the Oath. MR WONG YUK-MAN (in Cantonese): I pray to my God for your forgiveness …… PRESIDENT (in Cantonese): Mr WONG, this is not the time for you to speak. Please take the Oath. The Honourable WONG Yuk-man made the Legislative Council Oath MR WONG YUK-MAN (in Cantonese): Down with the Hong Kong communist regime, down with LEUNG Chun-ying …… PRESIDENT (in Cantonese): Mr WONG, return to your seat immediately. (A Member shouted "Down with the Chinese communist regime") PRESIDENT (in Cantonese): Members should not yell in their seats. (Mr Paul TSE stood up) PRESIDENT (in Cantonese): Mr Paul TSE, what is your point? 24 LEGISLATIVE COUNCIL ─ 17 October 2012 MR PAUL TSE (in Cantonese): President, I seek your ruling on the validity of the Oath-taking just now. After the last incident, I have carefully read the Court's judgment in relation to Mr LEUNG Kwok-hung in 2004. Just now, the so-called Oath-taking, with the Honourable Mr WONG Yuk-man or Mr WONG Yuk-man reluctantly holding the Bible in taking the so-called Oath and asking forgiveness in the name of the Kingdom in Heaven, the Father and God, is absolutely an act of insincerity, which will seriously undermine the dignity of this Council. President, more importantly, I trust that Members are all aware that Article 104 of the Basic Law has stipulated a specific requirement, and Article 79(7) further states the consequence for a breach of the Oath. In this connection, it is of vital importance to determine whether the Honourable WONG Yuk-man has taken his Oath sincerely just now, and whether the contents of such have complied with the law. Should there be any motion of impeachment relating to Mr WONG Yuk-man as a Member of the Legislative Council in future, we should then review the Oath he made and see whether it fully accorded with the relevant requirements. If Members have read the judgment handed down by the Court of First Instance in 2004, they should know that the requirements are very clear and stringent. President, I seek your clear ruling as to whether the so-called Oath-taking just now has accorded with the relevant statutory requirements. PRESIDENT (in Cantonese): Mr TSE, according to the Basic Law, the laws of Hong Kong, the Rules of Procedure as well as the precedents of this Council, I rule that the Honourable WONG Yuk-man has already taken his Oath in accordance with law just now. In case any Member or any member of the public holds that Mr WONG or any Member has breached his Oath, it is perfectly in order to have the matter dealt with in accordance with the Basic Law and the legislation. The Oath-taking has now been concluded. Members will please stand up while the Chief Executive enters the Chamber. LEGISLATIVE COUNCIL ─ 17 October 2012 25 MR LEUNG KWOK-HUNG (in Cantonese): Account for your unauthorized building works (UBWs) now. Down with the Hong Kong communist regime. Account for your UBWs now. PRESIDENT (in Cantonese): Will Members please remain silent. MR LEUNG KWOK-HUNG (in Cantonese): LEUNG Chun-ying, account for your UBWs now. How dare he talk about his concepts! Even for such a simple matter …… PRESIDENT (in Cantonese): Mr LEUNG, if you violate the Rules of Procedure again, I will order you to leave the Chamber. MR LEUNG KWOK-HUNG (in Cantonese): Down with the Hong Kong communist regime. (The Chief Executive entered the Chamber) MR ALBERT CHAN (in Cantonese): President, before the Chief Executive addresses this Council, I would like to …… PRESIDENT (in Cantonese): Mr Albert CHAN, what is your point? MR ALBERT CHAN (in Cantonese): I only want to seek clarification from the President on the ensuing proceedings before the Chief Executive delivers his address. According to my understanding, except for the delivery of policy address by the Chief Executive, whenever the Chief Executive attends a meeting of this Council to give an account to the legislature on behalf of the Executive Authorities, the Legislative Council shall be obliged to put questions to the Government.