LEGISLATIVE COUNCIL ─ 21 December 2005 3223 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 21 December 2005 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE MRS RITA FAN HSU LAI-TAI, G.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE MARTIN LEE CHU-MING, S.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, J.P. DR THE HONOURABLE LUI MING-WAH, S.B.S., J.P. THE HONOURABLE MARGARET NG THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN YUEN-HAN, J.P. 3224 LEGISLATIVE COUNCIL ─ 21 December 2005 THE HONOURABLE BERNARD CHAN, J.P. THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE SIN CHUNG-KAI, J.P. DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, J.P. THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE HOWARD YOUNG, S.B.S., J.P. DR THE HONOURABLE YEUNG SUM THE HONOURABLE LAU CHIN-SHEK, 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 CHOY SO-YUK, 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, J.P. LEGISLATIVE COUNCIL ─ 21 December 2005 3225 THE HONOURABLE LI FUNG-YING, B.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE FREDERICK FUNG KIN-KEE, J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT THE HONOURABLE LI KWOK-YING, M.H. DR THE HONOURABLE JOSEPH LEE KOK-LONG THE HONOURABLE DANIEL LAM WAI-KEUNG, B.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE MA LIK, G.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, S.B.S., J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG DR THE HONOURABLE KWOK KA-KI DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHEUNG HOK-MING, S.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S. 3226 LEGISLATIVE COUNCIL ─ 21 December 2005 THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE ALBERT JINGHAN CHENG THE HONOURABLE KWONG CHI-KIN THE HONOURABLE TAM HEUNG-MAN PUBLIC OFFICERS ATTENDING: THE HONOURABLE RAFAEL HUI SI-YAN, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE HENRY TANG YING-YEN, G.B.S., J.P. THE FINANCIAL SECRETARY THE HONOURABLE WONG YAN-LUNG, S.C., J.P. THE SECRETARY FOR JUSTICE THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR HOUSING, PLANNING AND LANDS DR THE HONOURABLE PATRICK HO CHI-PING, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE STEPHEN IP SHU-KWAN, G.B.S., J.P. SECRETARY FOR ECONOMIC DEVELOPMENT AND LABOUR DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS THE HONOURABLE FREDERICK MA SI-HANG, J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY LEGISLATIVE COUNCIL ─ 21 December 2005 3227 THE HONOURABLE STEPHEN LAM SUI-LUNG, J.P. SECRETARY FOR CONSTITUTIONAL AFFAIRS THE HONOURABLE AMBROSE LEE SIU-KWONG, I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, S.B.S., J.P. SECRETARY FOR HEALTH, WELFARE AND FOOD CLERKS IN ATTENDANCE: MR RICKY FUNG CHOI-CHEUNG, J.P., SECRETARY GENERAL MS PAULINE NG MAN-WAH, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MR RAY CHAN YUM-MOU, ASSISTANT SECRETARY GENERAL 3228 LEGISLATIVE COUNCIL ─ 21 December 2005 TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments L.N. No. Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 2005 ....................... 224/2005 Legal Aid (Charge on Property) (Rate of Interest) Regulation................................................ 225/2005 Census and Statistics (2006 Population Census) Order... 226/2005 Adoption (Amendment) Ordinance 2004 (Commencement) Notice ................................................... 227/2005 Convention Adoption (Exclusion) Order ................... 228/2005 Intercountry Adoption (Contracting States) Order ....... 229/2005 Adoption (Amendment) Rules 2005 ......................... 230/2005 Convention Adoption Rules................................... 231/2005 Securities and Futures (Contracts Limits and Reportable Positions) (Amendment) (No. 2) Rules 2005....... 232/2005 Road Traffic (Traffic Control) (Designation of Prohibited and Restricted Zones) (Amendment) Notice 2005 .............................................. 233/2005 Other Papers No. 42 ─ Occupational Safety and Health Council Annual Report 2004-2005 No. 43 ─ The Accounts of the Lotteries Fund 2004-05 LEGISLATIVE COUNCIL ─ 21 December 2005 3229 No. 44 ─ Report of the Chinese Temples Committee on the administration of the General Chinese Charities Fund for the year ended 31 March 2005 No. 45 ─ Grantham Scholarships Fund Annual Report for the year ended 31 August 2005 No. 46 ─ Report of the Chinese Temples Committee on the administration of the Chinese Temples Fund for the year ended 31 March 2005 No. 47 ─ The Sir Murray MacLehose Trust Fund Trustee's Report for the period from 1 April 2004 to 31 March 2005 No. 48 ─ Report of the Brewin Trust Fund Committee on the administration of the Fund for the year ended 30 June 2005 No. 49 ─ Secretary for Home Affairs Incorporated Audited Statement of Accounts and Auditor's Report for the year ended 31 March 2005 No. 50 ─ Report of the Board of Trustees for Sir Edward Youde Memorial Fund for the period from 1 April 2004 to 31 March 2005 No. 51 ─ Hong Kong Housing Authority Annual Report 2004/2005 No. 52 ─ Hong Kong Housing Authority Financial Statements for the year ended 31 March 2005 No. 53 ─ Police Welfare Fund Annual Report 2004/2005 No. 54 ─ Annual Report on the Police Children's Education Trust and the Police Education and Welfare Trust for the year 2004/2005 Report of the Subcommittee to Study the Administration's Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the Legislative Council in 2008 3230 LEGISLATIVE COUNCIL ─ 21 December 2005 ADDRESSES PRESIDENT (in Cantonese): Address. Mr TAM Yiu-chung will address the Council on the Report of the Subcommittee to Study the Administration's Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the Legislative Council in 2008, under Rule 21(3) of the Rules of Procedure. Report of the Subcommittee to Study the Administration's Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the Legislative Council in 2008 MR TAM YIU-CHUNG (in Cantonese): President, I now submit the Report in my capacity as Chairman of the Subcommittee to Study the Administration's Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the Legislative Council in 2008 (the Subcommittee). The Subcommittee has held nine meetings to discuss the Administration's proposals for amending the methods for selecting the Chief Executive in 2007 and for forming the Legislative Council in 2008 (the "two methods"), two draft motions to be submitted to the Legislative Council concerning the amendments to the "two methods", and other related issues. It has also met with and received views from more than 30 organizations and individuals. The deliberations of the Subcommittee have been explained in detail in the written report. Today, I will highlight several items only. Generally speaking, the Subcommittee is divided over the proposed package. Some members of the Subcommittee consider that the package is not progressive and does not get Hong Kong any nearer the ultimate aim of universal suffrage for the elections of the Chief Executive and the Legislative Council. Some other members, however, hold the view that not only does the package expand the democratic elements in the electoral system, it also takes forward Hong Kong's constitutional development towards the ultimate aim of universal suffrage in a gradual and orderly manner. The Subcommittee has discussed in detail certain issues of principle. Some members consider that, as the Decision made by the Standing Committee of the National People's Congress (NPCSC) has only decided against LEGISLATIVE COUNCIL ─ 21 December 2005 3231 implementation of universal suffrage for the two elections in 2007 and 2008, it is the responsibility of the Hong Kong Special Administrative Region (SAR) Government and the Chief Executive to pursue a timetable for universal suffrage with the Central Authorities. They have also made it clear that they will not support the proposed package if a timetable is unavailable. Some other members are of the view that a timetable for universal suffrage is not a prerequisite for the Legislative Council to endorse the "two methods" for 2007 and 2008, and the two issues should be dealt with separately. The Administration has explained that, according to the Interpretation and Decision made by the NPCSC on 6 and 26 April 2004 respectively, the proposed package will only focus on the electoral arrangements for 2007 and 2008, and will not include a timetable for universal suffrage.