LEGISLATIVE COUNCIL ─ 10 July 2013 14753 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 10 July 2013 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 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, S.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. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. 14754 LEGISLATIVE COUNCIL ─ 10 July 2013 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 RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., 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, B.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 LEGISLATIVE COUNCIL ─ 10 July 2013 14755 THE HONOURABLE CLAUDIA MO 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 THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN DR THE HONOURABLE KENNETH CHAN KA-LOK 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 THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI 14756 LEGISLATIVE COUNCIL ─ 10 July 2013 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN MEMBER ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. LEGISLATIVE COUNCIL ─ 10 July 2013 14757 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE RIMSKY YUEN KWOK-KEUNG, S.C., J.P. THE SECRETARY FOR JUSTICE PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS 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 THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE EDDIE NG HAK-KIM, S.B.S., J.P. SECRETARY FOR EDUCATION DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE WONG KAM-SING, J.P. SECRETARY FOR THE ENVIRONMENT 14758 LEGISLATIVE COUNCIL ─ 10 July 2013 CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ─ 10 July 2013 14759 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. Mandatory Provident Fund Schemes (Contributions for Casual Employees) (Amendment) Order 2013 ...... 118/2013 Mandatory Provident Fund Schemes (Contributions for Casual Employees) (Amendment) (No. 2) Order 2013 .............................................................. 119/2013 Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 2013 (Commencement) Notice ........................................ 120/2013 Other Papers No. 103 ─ Hong Kong Trade Development Council Annual Report 2012/13 No. 104 ─ Prisoners' Welfare Fund Report by the Commissioner of Correctional Services on the administration of the Fund for the year ended 31 March 2013 No. 105 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2012 No. 106 ─ Hong Kong Export Credit Insurance Corporation Annual Report 2012-13 No. 107 ─ The Standing Committee on Legal Education and Training Annual Report 2012 1 January 2012 to 31 December 2012 14760 LEGISLATIVE COUNCIL ─ 10 July 2013 No. 108 ─ J.E. Joseph Trust Fund Report for the period 1 April 2012 to 31 March 2013 No. 109 ─ Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 2012 to 31 March 2013 No. 110 ─ Sir David Trench Fund for Recreation Annual Report 2012-2013 No. 111 ─ Hong Kong Deposit Protection Board Annual Report 2012/13 No. 112 ─ Annual Report of The Ombudsman 2013 No. 113 ─ Hong Kong Special Administrative Region Independent Commission Against Corruption Annual Report 2012 No. 114 ─ Report of the Public Accounts Committee on Report No. 60 of the Director of Audit on the Results of Value for Money Audits (July 2013 ― P.A.C. Report No. 60) Report of the Finance Committee on the examination of the Estimates of Expenditure 2013-2014 Report of the Committee on Members' Interests on a complaint against Hon Albert HO Chun-yan Report No. 20/12-13 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Arbitration (Amendment) Bill 2013 Report of the Bills Committee on Hong Kong Arts Development Council (Amendment) Bill 2013 Report of the Bills Committee on Inland Revenue (Amendment) Bill 2013 Report of the Bills Committee on Inland Revenue and Stamp Duty Legislation (Alternative Bond Schemes) (Amendment) Bill 2012 LEGISLATIVE COUNCIL ─ 10 July 2013 14761 Report of the Bills Committee on Air Pollution Control (Amendment) Bill 2013 Report of the Panel on Security 2012-2013 Report of the Panel on Home Affairs 2012-2013 Report of the Panel on Economic Development 2012-2013 Report of the Panel on Health Services 2012-2013 Report of the Panel on Constitutional Affairs 2012-2013 Report of the Panel on Financial Affairs 2012-2013 Report of the Panel on Administration of Justice and Legal Services 2012-2013 ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr Albert HO will address the Council on the "Independent Commission Against Corruption Complaints Committee Annual Report 2012". Independent Commission Against Corruption Complaints Committee Annual Report 2012 MR ALBERT HO (in Cantonese): President, as a member of the Independent Commission Against Corruption Complaints Committee, I hereby table the Independent Commission Against Corruption Complaints Committee Annual Report 2012 on behalf of the Committee. This is the eighteenth Annual Report published by the Committee which provides a summary of the work of the Committee in the year 2012. 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. Moreover, where the Committee 14762 LEGISLATIVE COUNCIL ─ 10 July 2013 considers necessary, it will review the ICAC's work procedures, guidelines and practices, and make recommendations for improvement. To enhance public understanding of the Committee's monitoring of the ICAC's mechanism for handling non-criminal complaints, the Annual Report also explains in detail the relevant mode of operation. In 2012, the Committee held three meetings to consider the investigation reports on 22 complaints covering 66 allegations, two of which were found to be substantiated, and the ICAC has given appropriate advice to the two officers on the substantiated allegations. A sample of an investigation report considered by the Committee is included in the Annual Report. Furthermore, arising from the investigation reports considered by the Committee during the year 2012, the ICAC has also reminded its officers to adhere to the relevant internal guidelines in respect of work procedures in order to upkeep the professionalism of the ICAC and implemented appropriate improvement measures. 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 transparency of the Committee's work.