LEGISLATIVE COUNCIL ― 15 June 2017 9959 OFFICIAL RECORD OF PROCEEDINGS Thursday, 15 June 2017 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE STARRY LEE WAI-KING, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, B.B.S., J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.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. 9960 LEGISLATIVE COUNCIL ― 15 June 2017 THE HONOURABLE LEUNG KWOK-HUNG# THE HONOURABLE CLAUDIA MO THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, J.P. THE HONOURABLE YIU SI-WING, B.B.S. 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 LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 15 June 2017 9961 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 CHUNG KWOK-PAN THE HONOURABLE ALVIN YEUNG THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE JIMMY NG WING-KA, J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HO KAI-MING THE HONOURABLE LAM CHEUK-TING THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI THE HONOURABLE SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING THE HONOURABLE TANYA CHAN 9962 LEGISLATIVE COUNCIL ― 15 June 2017 THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG THE HONOURABLE LAU KWOK-FAN, M.H. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE NATHAN LAW KWUN-CHUNG# DR THE HONOURABLE YIU CHUNG-YIM# DR THE HONOURABLE LAU SIU-LAI# MEMBERS ABSENT: THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE CHU HOI-DICK THE HONOURABLE KENNETH LAU IP-KEUNG, M.H., J.P. # According to the Judgment of the Court of First Instance of the High Court on 14 July 2017, LEUNG Kwok-hung, Nathan LAW Kwun-chung, YIU Chung-yim and LAU Siu-lai have been disqualified from assuming the office of a member of the Legislative Council, and have vacated the same since 12 October 2016, and are not entitled to act as a member of the Legislative Council. LEGISLATIVE COUNCIL ― 15 June 2017 9963 PUBLIC OFFICERS ATTENDING: PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE STEPHEN SUI WAI-KEUNG, J.P. SECRETARY FOR LABOUR AND WELFARE MR YAU SHING-MU, J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MS ANITA SIT, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 9964 LEGISLATIVE COUNCIL ― 15 June 2017 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Good morning. Ms Starry LEE will move a motion under Rule 49E(2) of the Rules of Procedure to take note of the Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 (Commencement) Notice 2017, which is included in Report No. 20/16-17 of the House Committee laid on the Table of this Council. Members who wish to speak on the motion will please press the "Request for speak" button. I will first call upon Ms Starry LEE to speak and move the motion, and then call upon the chairman of the subcommittee formed to scrutinize the relevant subsidiary legislation, Ir Dr LO Wai-kwok, to speak, to be followed by other Members. Each Member (including the mover of the motion) may only speak once and may speak for up to 15 minutes. Finally, I will call upon the public officer to speak. Thereafter, the debate will come to a close, and the motion will not be put to vote. I now call upon Ms Starry LEE to speak and move the motion. MOTION UNDER RULE 49E(2) OF THE RULES OF PROCEDURE MS STARRY LEE (in Cantonese): President, in my capacity as Chairman of the House Committee, I move the motion as printed on the Agenda under Rule 49E(2) of the Rules of Procedure to enable Members to debate the Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 (Commencement) Notice 2017 included in Report No. 20/16-17 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments. President, I so submit. LEGISLATIVE COUNCIL ― 15 June 2017 9965 Ms Starry LEE moved the following motion: "That this Council takes note of Report No. 20/16-17 of the House Committee laid on the Table of the Council on 14 June 2017 in relation to the subsidiary legislation and instrument(s) as listed below: Item Number Title of Subsidiary Legislation or Instrument (8) Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 (Commencement) Notice 2017 (L.N. 73/2017)." PRESIDENT (in Cantonese): I now propose the question to you and that is: That the motion moved by Ms Starry LEE be passed. IR DR LO WAI-KWOK (in Cantonese): President, in my capacity as Chairman of the Subcommittee on Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 (Commencement) Notice 2017 and Product Eco-Responsibility (Regulated Electrical Equipment) Regulation ("the Subcommittee"), I now report on the deliberations of the Subcommittee on the Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 (Commencement) Notice 2017 ("the Commencement Notice"). The purpose of the Commencement Notice is to bring some provisions of the Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Ordinance 2016 ("Amendment Ordinance") into operation, in order to prepare for the implementation of a producer responsibility scheme ("PRS") for waste electrical and electronic equipment ("WEEE")("WPRS" in short). The Subcommittee has held three meetings to discuss the Commencement Notice with the Government and receive views from deputations. Members of the Subcommittee noted that the Administration planned to accept applications for waste disposal licence in respect of e-waste from 19 June 2017, or the date of commencement of the relevant provisions. The original 9966 LEGISLATIVE COUNCIL ― 15 June 2017 goal of the Administration was to issue another Commencement Notice in the beginning of the next Legislative Session, with a view to commencing licensing control by end 2017. The Subcommittee was concerned that some recyclers indicated that they did not have adequate time to prepare for meeting the conditions for waste disposal licence in respect of e-waste. To this end, the Subcommittee studied with the Administration the feasibility of deferring the implementation of the licencing control or introducing transitional or short-term exemption. The Administration advised that the recycling trade had been briefed on the licensing requirements in respect of e-waste since the enactment of the Amendment Ordinance. The present arrangement for accepting applications for the relevant licence at an earlier date is made to allow adequate time for the trade to make applications for the licence. Nevertheless, having regard to the trade's concern and members' views, the Administration has indicated that it will actively consider deferring the implementation of the licensing control to early 2019 to allow more time for relevant operators to complete the necessary procedures. The Administration will set out the dates of commencement of the relevant licensing control in a further Commencement Notice to be gazetted later. The WEEE treatment and recycling facility ("WEEETRF") funded by the Government is expected to commence operation in the second half of 2017. Some members were concerned that the WEEETRF operator may have an advantage over other recyclers when it comes to obtaining the licence or even monopolizing the business of recycling e-waste.