LEGISLATIVE COUNCIL ― 29 May 2019 10649 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 29 May 2019 The Council met at Eleven 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 ABRAHAM SHEK LAI-HIM, G.B.S., J.P. 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, G.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, G.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE WONG KWOK-KIN, S.B.S., J.P. 10650 LEGISLATIVE COUNCIL ― 29 May 2019 THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. 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, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE DENNIS KWOK WING-HANG THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG LEGISLATIVE COUNCIL ― 29 May 2019 10651 DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, B.B.S., 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, S.B.S., 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 CHU HOI-DICK 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 WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN 10652 LEGISLATIVE COUNCIL ― 29 May 2019 DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE CHEUNG KWOK-KWAN, J.P. THE HONOURABLE HUI CHI-FUNG THE HONOURABLE LUK CHUNG-HUNG, J.P. THE HONOURABLE LAU KWOK-FAN, M.H. THE HONOURABLE KENNETH LAU IP-KEUNG, B.B.S., M.H., J.P. DR THE HONOURABLE CHENG CHUNG-TAI THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE AU NOK-HIN THE HONOURABLE VINCENT CHENG WING-SHUN, M.H. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE CHAN HOI-YAN MEMBERS ABSENT: THE HONOURABLE KENNETH LEUNG THE HONOURABLE SHIU KA-CHUN THE HONOURABLE TANYA CHAN LEGISLATIVE COUNCIL ― 29 May 2019 10653 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.M., G.B.S., J.P. CHIEF SECRETARY FOR ADMINISTRATION THE HONOURABLE PAUL CHAN MO-PO, G.B.M., G.B.S., M.H., J.P. FINANCIAL SECRETARY THE HONOURABLE MS TERESA CHENG YEUK-WAH, G.B.S., S.C., J.P. SECRETARY FOR JUSTICE THE HONOURABLE WONG KAM-SING, G.B.S., J.P. SECRETARY FOR THE ENVIRONMENT THE HONOURABLE NICHOLAS W. YANG, G.B.S., J.P. SECRETARY FOR INNOVATION AND TECHNOLOGY THE HONOURABLE LAU KONG-WAH, J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE JAMES HENRY LAU JR., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE JOSHUA LAW CHI-KONG, G.B.S., J.P. SECRETARY FOR THE CIVIL SERVICE THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT 10654 LEGISLATIVE COUNCIL ― 29 May 2019 THE HONOURABLE KEVIN YEUNG YUN-HUNG, J.P. SECRETARY FOR EDUCATION THE HONOURABLE PATRICK NIP TAK-KUEN, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR SONNY AU CHI-KWONG, P.D.S.M., J.P. UNDER SECRETARY FOR SECURITY MR LIU CHUN-SAN, J.P. UNDER SECRETARY FOR DEVELOPMENT DR DAVID CHUNG WAI-KEUNG, J.P. UNDER SECRETARY FOR INNOVATION AND TECHNOLOGY DR CHOI YUK-LIN, J.P. UNDER SECRETARY FOR EDUCATION MR CASPAR TSUI YING-WAI, J.P. UNDER SECRETARY FOR LABOUR AND WELFARE DR BERNARD CHAN PAK-LI, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT DR CHUI TAK-YI, J.P. UNDER SECRETARY FOR FOOD AND HEALTH MR JOSEPH CHAN HO-LIM, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY DR RAYMOND SO WAI-MAN, B.B.S., J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL LEGISLATIVE COUNCIL ― 29 May 2019 10655 MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 10656 LEGISLATIVE COUNCIL ― 29 May 2019 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (While the summoning bell was ringing) PRESIDENT (in Cantonese): Mr Gary FAN, please put down your placard. (Mr Gary FAN did not put down his placard) PRESIDENT (in Cantonese): You may display a smaller placard. This one of yours is too big. It blocks my view. Please put it down. (Mr Gary FAN did not put down his placard) PRESIDENT (in Cantonese): Your placard is too big. It hinders the proceedings of the meeting. You may decide on your own how to display your placard, but I consider it too big. Please put it down. (Mr Gary FAN still did not put down his placard) PRESIDENT (in Cantonese): Mr Gary FAN, please put down your placard. (Mr Gary FAN put down his placard) (After the summoning bell had been rung, a number of Members entered the Chamber) ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. Question 1. Mr SHIU Ka-chun has informed me that Dr Fernando CHEUNG will ask the question on his behalf. I now call upon Dr Fernando CHEUNG to ask the question. LEGISLATIVE COUNCIL ― 29 May 2019 10657 Protecting the labour rights and interests of employees who work long hours or under high pressure 1. DR FERNANDO CHEUNG (in Cantonese): President, this question is supposed to be asked by Mr SHIU Ka-chun. Regrettably, … PRESIDENT (in Cantonese): Dr CHEUNG, please read out the question as per the wording printed on the Agenda. DR FERNANDO CHEUNG (in Cantonese): Alright. I just wish to point out that I am asking the question on Mr SHIU Ka-chun's behalf. It is regrettable that he cannot attend the meeting. PRESIDENT (in Cantonese): Dr CHEUNG, if you do not read out the question, I will ask another Member to do it. Please read out the question. DR FERNANDO CHEUNG (in Cantonese): President, I am going to read out the question. It has been learnt that employees who are older in age generally work longer hours, and there are relatively more cases in which such employees died in the course of work not as a result of accidents. It has been heard from time to time in recent years about press reports and study findings that employees fell ill or even died as a result of long working hours or high work pressure. Regarding protection of the labour rights and interests of such kind of employees, will the Government inform this Council: (1) whether it will regard mental, emotional or physical illnesses triggered by long working hours or work pressure as occupational diseases covered by the Employees' Compensation Ordinance ("the Ordinance"), so that the employees concerned will be entitled to compensations by their employers; if so, of the details; if not, the reasons for that; 10658 LEGISLATIVE COUNCIL ― 29 May 2019 (2) whether it will expeditiously set up an independent committee comprising representatives from trade unions, employers' organizations, civic bodies and the Government to conduct studies on formulating under the Ordinance a legal definition for "death from overexertion" and the relevant obligations of employers in respect of compensations; if so, of the details; if not, the reasons for that; and (3) given that the Government will roll out a total of 11 sets of sector-specific working hours guidelines in this year and the coming year, and that it will, three years from then, assess their effectiveness and further explore feasible ways for improving the working hours policy, whether the Government will commence preparatory work for establishing a statutory standard working hours regime so that the related legislative exercise could be launched immediately when those guidelines have been assessed as ineffective; if so, of the details; if not, the reasons for that? SECRETARY FOR LABOUR AND WELFARE (in Cantonese): President, my reply to the Member's question is as follows: (1) According to the definition of the International Labour Organization ("ILO"), occupational diseases are diseases having a specific or strong relationship with occupations of the patients.