LEGISLATIVE COUNCIL ─ 2 December 2015 2363 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 2 December 2015 The Council met at Eleven 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 VINCENT FANG KANG, S.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. 2364 LEGISLATIVE COUNCIL ─ 2 December 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 CYD HO SAU-LAN, J.P. THE HONOURABLE STARRY LEE WAI-KING, 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 THE HONOURABLE CLAUDIA MO LEGISLATIVE COUNCIL ─ 2 December 2015 2365 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, 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. 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 DR THE HONOURABLE KWOK KA-KI 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. 2366 LEGISLATIVE COUNCIL ─ 2 December 2015 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. DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. 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 WONG KWOK-HING, B.B.S., M.H. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE TANG KA-PIU, J.P. THE HONOURABLE CHUNG KWOK-PAN LEGISLATIVE COUNCIL ─ 2 December 2015 2367 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY 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 MS CHRISTINE LOK KUNG-WAI, J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE NICHOLAS W. YANG, J.P. SECRETARY FOR INNOVATION AND TECHNOLOGY THE HONOURABLE LAU KONG-WAH, J.P. SECRETARY FOR HOME AFFAIRS MS FLORENCE HUI HIU-FAI, S.B.S., J.P. UNDER SECRETARY FOR HOME AFFAIRS MR WESLEY WONG WAI-CHUNG, S.C. SOLICITOR GENERAL CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 2368 LEGISLATIVE COUNCIL ─ 2 December 2015 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) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: No. 38 ─ Customs and Excise Service Welfare Fund Financial statements for the year ended 31 March 2015 and its summary, together with the Report of the Director of Audit No. 39 ─ Fire Services Department Welfare Fund Report on the Administration of the Fund and Financial statements for the year ended 31 March 2015 No. 40 ─ Director of Social Welfare Incorporated Financial statements for the year ended 31 March 2015 No. 41 ─ Prisoners' Education Trust Fund Report by the Trustee of the Fund for the period from 1 April 2014 to 31 March 2015 No. 42 ─ Independent Police Complaints Council Report 2014/15 Report No. 6/15-16 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments LEGISLATIVE COUNCIL ─ 2 December 2015 2369 ADDRESS PRESIDENT (in Cantonese): Address. Mr CHAN Kin-por will address the Council on the "Report of the Independent Police Complaints Council 2014/15". Report of the Independent Police Complaints Council 2014/15 MR CHAN KIN-POR (in Cantonese): President, on behalf of the Independent Police Complaints Council (IPCC), I present its sixth Report since its incorporation in 2009. This Report covers the work of the IPCC in the financial year from 1 April 2014 to 31 March 2015. In the year 2014-2015, the IPCC scrutinized and endorsed the findings of 2 241 complaint cases involving 4 088 allegations, a decrease of 13.5% and 3.8% respectively over the previous year. During this period, the three most common allegations were "Neglect of Duty" (with 2 082 counts), "Misconduct/Improper Manner/Offensive Language" (with 1 376 counts) and "Assault" (with 291 counts). These three types of allegations accounted for 91.7% of all allegations made in 2014-2015. Of the allegations endorsed in 2014-2015, 1 309 were fully investigated. Of these, 76 were classified as "Substantiated"; 51 "Substantiated Other Than Reported"; 26 "Not Fully Substantiated"; 560 "Unsubstantiated"; 522 "No Fault" and 74 "False". These figures also include 167 allegations of which classification was changed from that earlier conducted by the Police following queries raised by the IPCC. In 2014-2015, the IPCC raised a total of 727 queries or suggestions in respect of the cases endorsed. Among them, 431 queries or suggestions were accepted by the Police. Under the Observers Scheme, 2 259 observations were conducted in 2014-2015, a decrease of 8.6% over the previous year. During the reporting period, the IPCC also interviewed four persons to seek clarification from them on matters relating to the investigation reports. As the Occupy incident occurred during the reporting period, over 100 Reportable Complaints were generated. In respect of the Occupy incident, the IPCC held special in-house meetings with several groups who were concerned about the Police's enforcement actions. On the day of the clearance operation, 2370 LEGISLATIVE COUNCIL ─ 2 December 2015 the IPCC conducted an onsite observation. In the light of the prevailing social environment, the IPCC, being an independent organ monitoring the handling of complaints by the Police, has an even more important role to play. It will continue to scrutinize each complaint case independently and impartially on the basis of facts and evidence. President, on behalf of the IPCC, I wish to take the opportunity of tabling this Report in this Council to thank this Council and other stakeholders for their support of the IPCC's work. President, I so submit. ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Donation of Food Waste by Commercial Organizations 1. MR SIN CHUNG-KAI (in Cantonese): President, the Environment Bureau published "A Food Waste & Yard Waste Plan for Hong Kong 2014-2022" in February last year and planned to implement various options to reduce food waste. One of the options is the donation of surplus food to other people for consumption. It is learnt that at present, quite a number of non-governmental organizations in Hong Kong collect surplus or soon-to-expire food from commercial organizations (e.g. supermarkets, restaurants, hotels, etc.) and then distribute the food which is still suitable for human consumption to the needy. In this connection, will the Government inform this Council: (1) whether the authorities have estimated the quantity of food suitable for human consumption discarded by various commercial organizations in the past three years; if they have, of the details; if not, the reasons for that; of the means through which the authorities encourage commercial organizations to donate surplus or soon-to-expire food; LEGISLATIVE COUNCIL ─ 2 December 2015 2371 (2) given that in recent months, the French Government enacted legislation to prohibit supermarkets from discarding unsold food products, whether the authorities will consider enacting similar legislation; if they will, of the details; if not, the reasons for that; and (3) whether the authorities will consider enacting legislation with exemption clauses for food donors, just as the Bill Emerson Good Samaritan Food Donation Act passed by the United States Congress in 1996, which will not only make commercial organizations feel at ease to donate food but also encourage more organizations to donate food, thereby reducing food waste; if they will, of the details; if not, the reasons for that? SECRETARY FOR THE ENVIRONMENT: President, the Government is committed to promoting the culture of food waste reduction, in order to avoid and reduce food waste disposed of at landfills.