LEGISLATIVE COUNCIL ─ 7 November 2012 1373 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 7 November 2012 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 DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.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, M.H. 1374 LEGISLATIVE COUNCIL ─ 7 November 2012 DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. 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, 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 LEGISLATIVE COUNCIL ─ 7 November 2012 1375 THE HONOURABLE WONG YUK-MAN 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 1376 LEGISLATIVE COUNCIL ─ 7 November 2012 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 PUBLIC OFFICERS ATTENDING: THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. THE CHIEF SECRETARY FOR ADMINISTRATION LEGISLATIVE COUNCIL ─ 7 November 2012 1377 THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY 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 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 RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS DR THE HONOURABLE KO WING-MAN, B.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. SECRETARY FOR DEVELOPMENT CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 1378 LEGISLATIVE COUNCIL ─ 7 November 2012 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: No. 16 ─ Secretary for Home Affairs Incorporated Financial statements together with the Report of the Director of Audit for the year ended 31 March 2012 No. 17 ─ Sir Edward Youde Memorial Fund Report of the Board of Trustees for the Period 1 April 2011 to 31 March 2012 together with the financial statements and the Report of the Director of Audit for the year ended 31 March 2012 No. 18 ─ Occupational Safety and Health Council Annual Report 2011/2012 Report No. 2/12-13 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Domestic Free Television Programme Services 1. MR FREDERICK FUNG (in Cantonese): President, regarding the effective utilization of the television channels and future development of domestic free television programme services (free TV), as well as the vetting of applications for free TV licences, will the Government inform this Council: (a) given that the audience ratings of the programmes of one of the two existing free TV broadcasters have all along been low, whether the authorities have recently assessed if there is poor utilization of television channels at present, the impact of such situation on the sustainable development of free TV, and if the two licensees have LEGISLATIVE COUNCIL ─ 7 November 2012 1379 made efforts in promoting local creativity and programme diversity; if they have, of the assessment results, what measures they will take to enhance the utilization of the television channels, and if they will consider revoking the licence concerned or re-tendering some of the channels; if they will not re-tender the channels, of the reasons for that; (b) given the report that an applicant for the free TV licence has indicated that, despite the overwhelming public support for introducing new free TV, the Government has not yet completed the vetting of applications, and that the applicant has been waiting for more than 1 000 days for the result of the application, whether the authorities can list those previous projects the vetting of which has also taken such a long time; whether they have assessed the impact of such a long vetting time on the future development of free TV, and if the long vetting time will give investors an impression that the Government is exceedingly bureaucratic and inefficient, thus affecting investors' interests in investing in Hong Kong in future and undermining the competitiveness of Hong Kong; and (c) what mechanism is in place to ensure that the vetting of applications for television licences will not be subject to political considerations and political interference, and to avoid the authorities responsible for vetting the applications putting unreasonable demands on the applicants and existing licensees taking legal actions to delay the vetting process? SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT (in Cantonese): President, the Government has always attached great importance to the development of the broadcasting industry. Our broadcasting policy is to promote the sustainable development of the local broadcasting industry and encourage fair competition, investment and the adoption of innovative technologies, thereby leading to the provision of more choices of quality programmes to the public. Under the technology-neutral regime enshrined in the Broadcasting Ordinance (BO) (Cap. 562) enacted in 2000, television programme services are regulated according to their characteristics and pervasiveness rather than their transmission mode, and licensees are free to adopt 1380 LEGISLATIVE COUNCIL ─ 7 November 2012 their own transmission means to deliver their television services. Indeed, we have all along adopted a liberalized, light-handed and pro-competition regulatory approach. As a result, Hong Kong boasts a vibrant broadcasting industry and a multitude of television and radio channels with diversified programming. My reply to the three-part question is as follows: (a) Hong Kong is a pluralistic society. Members of the public have diverse demands for television programmes. Since the variety and quality of television programmes are determined by a combination of factors including selection of materials and programme production, there can hardly be any absolutely objective benchmark in this respect. Viewership ratings are not the only indicator for assessing the variety and quality of television programmes. Regarding the variety of television programmes, the two existing free TV licensees are required under their licence to provide a diversity of programmes to meet the needs of different viewers. In particular, they are required to broadcast a minimum amount of educational, informational and locally produced programmes, and carry programmes produced by Radio Television Hong Kong (RTHK) during prime time. After the mid-term review of the domestic free TV programme service licences of Asia Television Limited (ATV) and Television Broadcasts Limited (TVB) in 2010, the former Broadcasting Authority (BA) (that is, the predecessor of the Communications Authority (CA)) recommended that enhanced programme requirements should be imposed on the two free TV broadcasters.