LEGISLATIVE COUNCIL ― 5 July 2006 9035 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 5 July 2006 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 ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., 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. THE HONOURABLE BERNARD CHAN, G.B.S., J.P. 9036 LEGISLATIVE COUNCIL ― 5 July 2006 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 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 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, S.B.S., J.P. LEGISLATIVE COUNCIL ― 5 July 2006 9037 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., J.P. DR THE HONOURABLE JOSEPH LEE KOK-LONG, J.P. THE HONOURABLE DANIEL LAM WAI-KEUNG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.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. 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 9038 LEGISLATIVE COUNCIL ― 5 July 2006 MEMBERS ABSENT: THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, J.P. THE HONOURABLE MA LIK, G.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE MICHAEL SUEN MING-YEUNG, G.B.S., J.P. SECRETARY FOR HOUSING, PLANNING AND LANDS DR THE HONOURABLE SARAH LIAO SAU-TUNG, J.P. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS 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: 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 LEGISLATIVE COUNCIL ― 5 July 2006 9039 PRESIDENT (in Cantonese): A quorum is not present now. Clerk, please ring the bell. (After the summoning bell had been rung, a number of Members came into the Chamber) PRESIDENT (in Cantonese): A quorum is now present, the meeting starts now. TABLING OF PAPERS The following papers were laid on the table pursuant to Rule 21(2) of the Rules of Procedure: No. 95 ─ Hong Kong Trade Development Council Annual Report 2005/06 No. 96 ─ Independent Commission Against Corruption Complaints Committee Annual Report 2005 No. 97 ─ Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2005 No. 98 ─ Airport Authority Hong Kong Annual Report 2005/2006 No. 99 ─ Report of the Independent Police Complaints Council 2005 No. 100 ─ The Eighteenth Annual Report of The Ombudsman, Hong Kong (June 2006) Report of the Panel on Manpower 2005/2006 Report of the Panel on Home Affairs 2005/2006 9040 LEGISLATIVE COUNCIL ― 5 July 2006 Report of the Panel on Security 2005/2006 Report of the Panel on Constitutional Affairs 2005/2006 Report of the Panel on Food Safety and Environmental Hygiene 2005/2006 Report on Women in Poverty by the Subcommittee to Study the Subject of Combating Poverty ADDRESSES PRESIDENT (in Cantonese): Addresses. Mr Tommy CHEUNG will address the Council on the Independent Commission Against Corruption Complaints Committee Annual Report 2005. Independent Commission Against Corruption Complaints Committee Annual Report 2005 MR TOMMY CHEUNG: Madam President, as a member of the Independent Commission Against Corruption Complaints Committee (the Committee), I hereby table the Independent Commission Against Corruption Complaints Committee Annual Report 2005 on behalf of the Committee. This is a report on the work of the Committee for 2005. The Committee's major responsibility is to monitor, and where it considers appropriate to review, the handling by the Independent Commission Against Corruption (ICAC) of non-criminal complaints by anyone against the ICAC and its officers. To enhance public understanding of the complaint handling mechanism, the report explains in detail the function and mode of operation of the Committee. In 2005, the Committee held three meetings to consider the papers and investigation reports on the complaints received. The Committee formed its independent view on the investigation findings. Through examination of the issues brought up in the complaints, both the ICAC and the Committee have carefully scrutinized the relevant ICAC's internal procedures, guidelines and LEGISLATIVE COUNCIL ― 5 July 2006 9041 practices to see whether they need to be updated, clarified or formalized, with a view to making improvements. The publication of annual report enables the Committee to brief the public on its work on a regular basis. This is the 11th annual report published by the Committee. Should Members have any comments on it, they are welcome to forward their views to the Secretary of the Committee. The support of this Council and members of the public to the work of the Committee is very much appreciated. Thank you, Madam President. PRESIDENT (in Cantonese): Mr SIN Chung-kai will address the Council on the Independent Commission Against Corruption Annual Report 2005. Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2005 MR SIN CHUNG-KAI (in Cantonese): Madam President, as a member of the Advisory Committee on Corruption, I have the honour of tabling the Independent Commission Against Corruption Hong Kong Special Administrative Region Annual Report 2005 to Members here in the Council today. To the Independent Commission Against Corruption (ICAC), 2005 was both challenging and gratifying during which rising public expectation continued to drive the ICAC to be ever more effective and accountable. Yet the pressure carried with it robust and heartfelt community confidence in the ICAC, articulated with a record level of non-anaonymous corruption reports of more tangible substances at 73%. Last year, the total number of corruption reports received stood at 3 685, a decrease of 61 reports representing a 2% slip against 3 746 reports in 2004 and a drop for the fourth consecutive year. This is the result of the ICAC's efforts to put corruption in a tight rein by helping improve system controls in both the public and private sectors and deepening the integrity culture of our community through intensive community education. Despite the dip, more substantive information provided by complainants had led to a 3% rise in the number of 9042 LEGISLATIVE COUNCIL ― 5 July 2006 pursuable reports, to 2 946 or 80% of the total in 2005, as compared to 2 856 in 2004. On investigation, the ICAC continued to persevere to round up corrupt elements. In 2005, the overall case-based conviction rate reached a high 81%. The enforcement results reflected to a large extent the success of the proactive approach in which the use of informants and undercover operations had unearthed corruption that might otherwise remain undetected. In 2005, the ICAC investigated a number of complex and intricate cases and the Financial Investigation Section conducted financial analysis and assets tracing on more than 1 100 financial investigations and provided professional support. The Computer Forensic Section of the ICAC had carried out more than 500 computer data analyses to help expose the footprints of corrupt activities. On community education, the ICAC continued to foster an ethical culture in various sectors. At the conculsion of the Civil Service Integrity Entrechment Programme, a joint effort with the Civil Service Bureau, over 15 000 civil servants had attended seminars and workshops. In addition, leaders from both the public and private sectors demonstrated their commitment to ethical governance by taking part in the "Leadership Forum 2005 ― Successes through Ethical Governance". Meanwhile, a two-year Business Ethics Promotion Programme ended in 2005. The ICAC succeeded in pressing home the cardinal principle of corporate governance to the senior executives/managers and front-line workers in 740 listed companies.