LEGISLATIVE COUNCIL ─ 6 July 2011 13473 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 6 July 2011 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. 13474 LEGISLATIVE COUNCIL ─ 6 July 2011 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 TAM YIU-CHUNG, G.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. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. LEGISLATIVE COUNCIL ─ 6 July 2011 13475 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. DR THE HONOURABLE LEUNG KA-LAU 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. 13476 LEGISLATIVE COUNCIL ─ 6 July 2011 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 MEMBERS ABSENT: THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR EDUCATION THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS LEGISLATIVE COUNCIL ─ 6 July 2011 13477 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 MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT MR YAU SHING-MU, J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT 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 MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 13478 LEGISLATIVE COUNCIL ─ 6 July 2011 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. Residential Care Homes (Persons with Disabilities) Regulation .............................................................. 111/2011 Residential Care Homes (Persons with Disabilities) Ordinance (Commencement) Notice 2011 ............ 112/2011 Other Papers No. 98 ─ Report by the Commissioner of Correctional Services on the administration of the Prisoners' Welfare Fund together with the Report of the Director of Audit and audited financial statements for the year ended 31 March 2011 No. 99 ─ Construction Industry Council Annual Report 2010 No. 100 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2010 No. 101 ─ Annual Report of The Ombudsman Hong Kong 2011 No. 102 ─ Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2010 No. 103 ─ Report of the Public Accounts Committee on Report No. 56 of the Director of Audit on the Results of Value for Money Audits (July 2011 ― P.A.C. Report No. 56) Report of the Finance Committee on the examination of the Estimates of Expenditure 2011-2012 LEGISLATIVE COUNCIL ─ 6 July 2011 13479 Report No. 28/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Electoral Legislation (Miscellaneous Amendments) Bill 2011 Report of the Panel on Manpower 2010-2011 Report of the Panel on Home Affairs 2010-2011 Report of the Panel on Food Safety and Environmental Hygiene 2010-2011 Report of the Panel on Welfare Services 2010-2011 ADDRESSES PRESIDENT (in Cantonese): Addresses. Mrs Sophie LEUNG will address the Council on the "Independent Commission Against Corruption Complaints Committee Annual Report 2010". Independent Commission Against Corruption Complaints Committee Annual Report 2010 MRS SOPHIE LEUNG (in Cantonese): President, as a member of the Independent Commission Against Corruption Complaints Committee (the Committee), I hereby table the Independent Commission Against Corruption Complaints Committee Annual Report 2010 (Annual Report) on behalf of the Committee. This is the sixteenth Annual Report published by the Committee which provides a summary of the work of the Committee for the year 2010. The Committee's major responsibility is to monitor the handling by the Independent Commission Against Corruption (ICAC) of non-criminal complaints lodged by anyone against the ICAC and its officers, and exercise independent judgment. Moreover, the Committee will review the relevant working procedures and make 13480 LEGISLATIVE COUNCIL ─ 6 July 2011 recommendations for improvement where it considers appropriate. To enhance public understanding of the ICAC's complaint handling mechanism, this report also explains in detail the function and mode of operation of the Committee. In 2010, the Committee held three meetings to consider papers and investigation reports on 25 complaints involving 67 allegations. In respect of the five allegations in four of the complaints which were found to be substantiated, the relevant ICAC officers were already given appropriate advice. Through examination of the complaints and relevant issues, the Committee has carefully scrutinized the existing ICAC internal procedures, guidelines and practices to see whether they need to be revised, with a view to making improvements. Arising from the investigation reports considered during the year 2010, the ICAC has reminded its officers to adhere to the relevant internal guidelines in respect of work procedures in order to upkeep the professionalism of the ICAC. The publication of the Annual Report enables the Committee to brief the public on its work on a regular basis. It can also enhance the accountability and transparency of the Committee's work. Should Members have any comments on the Annual Report, they are welcome to forward their views to the Secretary of the Committee. The support of this Council and members of the public to the work of the Committee is very much appreciated. Thank you, President. PRESIDENT (in Cantonese): Mr CHAN Kam-lam will address the Council on the "Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2010". Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2010 MR CHAN KAM-LAM (in Cantonese): President, as a member of the Advisory Committee on Corruption, I have great honour to brief Members on the "Independent Commission Against Corruption Annual Report 2010" tabled in the Council today. LEGISLATIVE COUNCIL ─ 6 July 2011 13481 In 2010, the Independent Commission Against Corruption (ICAC) continued to adopt its three-pronged strategy of law enforcement, prevention and community education to discharge its statutory duty in the fight against corruption, whilst members of the community continued to express their trust and support. Despite the lingering aftershocks of the global financial crisis, the total number of corruption reports stood at 3 427 in 2010, representing a slight decrease of 1% over 3 450 in 2009; amongst them, the number of pursuable reports was 2 663, or 78% of the total, an increase of 5% over that recorded in 2009. The case-based conviction rate was as high as 88%, while the proportion of non-anonymous reports reached 74%, reflecting continuous enhancement of public integrity and vigilance.