LEGISLATIVE COUNCIL ─ 20 November 2013 2789 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 20 November 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 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, 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. 2790 LEGISLATIVE COUNCIL ─ 20 November 2013 THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. 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 LEGISLATIVE COUNCIL ─ 20 November 2013 2791 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. 2792 LEGISLATIVE COUNCIL ─ 20 November 2013 DR THE HONOURABLE KWOK KA-KI 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: PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. LEGISLATIVE COUNCIL ─ 20 November 2013 2793 PUBLIC OFFICERS ATTENDING: PROF THE HONOURABLE ANTHONY CHEUNG BING-LEUNG, G.B.S., J.P. SECRETARY FOR TRANSPORT AND HOUSING PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY THE HONOURABLE RAYMOND TAM CHI-YUEN, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS THE HONOURABLE LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY 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 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 2794 LEGISLATIVE COUNCIL ─ 20 November 2013 PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) 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. Air Navigation (Hong Kong) Order 1995 (Amendment of Schedule 16) Order 2013 ....................................... 182/2013 Dangerous Goods (Consignment by Air) (Safety) Regulations (Amendment of Schedule) Order 2013 .................. 183/2013 Statutes of the University of Hong Kong (Amendment) Statute 2013 ............................................................ 184/2013 Other Papers No. 37 ─ Director of Social Welfare Incorporated Financial statements for the year ended 31 March 2013 No. 38 ─ Hong Kong Science and Technology Parks Corporation Annual Report, Report of the Directors and Financial Statements 2012-2013 No. 39 ─ Hong Kong Productivity Council Annual Report 2012-2013 Report No. 4/13-14 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Peak Tramway (Amendment) Bill 2013 LEGISLATIVE COUNCIL ─ 20 November 2013 2795 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Assistance Provided for Fishermen Affected by Marine Works 1. MR STEVEN HO (in Cantonese): President, in recent years, marine works have commenced one after another in Hong Kong. Following the Hong Kong-Zhuhai-Macao Bridge (Hong Kong Section) (HK-ZMB) project that is underway, other marine works will be launched soon. Some fishermen have relayed to me that the marine works in recent years have resulted in a shrinkage of fishing grounds and affected their livelihood. They have also pointed out that the Government's current package of ex-gratia allowance (EGA) has not fully reflected the fishermen's losses arising from a permanent or temporary loss of fishing grounds as a result of marine works. In addition, upon the completion of some marine works, the Government has set up restricted areas near the worksites (such as the Hong Kong International Airport) to which vessel entry is prohibited, but has not compensated the fishermen in this regard. Quite a number of fishermen have pointed out that the incessant launching of marine works by the Government has rendered the fisheries industry unable to have sustainable development, and breached the pledge of the Chief Executive in his election manifesto to promote the development of the agricultural and fisheries industry. In this connection, will the Government inform this Council: (a) whether it conducted in the past five years comprehensive or localized surveys on the fisheries resources in Hong Kong waters (in particular the waters to the west of the New Territories) to compile statistics on the area of Hong Kong waters (away from fairways) that is actually available for fishing each year and on the fisheries resources in various stretches of waters, and to assess the impacts of the marine works to be launched in the next five years on the ecological environment of fishing grounds, and so on; if it did, of the details; if not, the reasons for that, and whether it will collect such data and information as soon as possible; (b) whether it has any measure to increase fisheries resources, such as placing more artificial reefs in the sea, restocking, and adjusting the proposed policy on marine reserve, and so on, so as to protect 2796 LEGISLATIVE COUNCIL ─ 20 November 2013 fishermen's livelihood and promote the sustainable development of the fisheries industry; if it has, of the details; if not, the reasons for that; and (c) given that the restricted areas set up by the authorities in some waters have led to a shrinkage of fishing grounds, whether the authorities will review the scope of compensation covered by the existing EGA package and make compensation to the affected fishermen; if they will, of the details; if not, the reasons for that? SECRETARY FOR FOOD AND HEALTH (in Cantonese): President, my reply to Mr Steve HO's question is as follows: (a) The Agriculture, Fisheries and Conservation Department (AFCD) conducts surveys on fisheries resources in Hong Kong waters since 2010 to monitor the fisheries resources in Hong Kong waters and evaluate the effectiveness of the trawl ban. Introduced in late 2012, the trawl ban will change the baseline conditions of the existing marine and fisheries resources in Hong Kong. The AFCD considers it necessary to capture data over a longer period of time for meaningful analysis and study. As regards fishing grounds in Hong Kong, according to the data released by the Survey and Mapping Office of the Lands Department in 2012, the total sea area of Hong Kong is 1 650.60 sq km. Fishing is prohibited in areas such as principal fairways, public bathing beaches and typhoon shelters, covering about 34 sq km. The remaining stretches of waters are available for fishing according to the relevant law. Marine works that are being developed or under planning include dredging and reclamation to the south western coast of Shek Kwu Chau for the Integrated Waste Management Facilities Phase I, a third runway at the airport, and the Tung Chung New Town Development Extension.