LEGISLATIVE COUNCIL ― 8 May 2019 9231 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 8 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. 9232 LEGISLATIVE COUNCIL ― 8 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 KENNETH LEUNG 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. LEGISLATIVE COUNCIL ― 8 May 2019 9233 DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG 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. 9234 LEGISLATIVE COUNCIL ― 8 May 2019 THE HONOURABLE YUNG HOI-YAN 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 SHIU KA-CHUN THE HONOURABLE TANYA CHAN LEGISLATIVE COUNCIL ― 8 May 2019 9235 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 MR JOSEPH CHAN HO-LIM, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY, AND 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 EDWARD YAU TANG-WAH, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT 9236 LEGISLATIVE COUNCIL ― 8 May 2019 THE HONOURABLE MICHAEL WONG WAI-LUN, J.P. SECRETARY FOR DEVELOPMENT 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 DR DAVID CHUNG WAI-KEUNG, J.P. UNDER SECRETARY FOR INNOVATION AND TECHNOLOGY 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 JACK CHAN JICK-CHI, J.P. UNDER SECRETARY FOR HOME AFFAIRS CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MS ANITA SIT, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL LEGISLATIVE COUNCIL ― 8 May 2019 9237 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) PAPERS TO BE LAID ON THE TABLE OF THE COUNCIL The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instruments Legal Notice No. District Councils Ordinance (Amendment of Schedule 7) Order 2019 .......................................................... 64 of 2019 Maximum Amount of Election Expenses (District Council Election) (Amendment) Regulation 2019 .................................................................... 65 of 2019 Protected Places (Amendment) Order 2019 ................... 66 of 2019 Protected Places (Safety) (Authorized Guards) (Amendment) Order 2019 .................................. 67 of 2019 Military Installations Closed Areas (Amendment) Order 2019 .......................................................... 68 of 2019 Shipping and Port Control (Amendment) Regulation 2019 .................................................................... 69 of 2019 Merchant Shipping (Local Vessels) (General) (Amendment) Regulation 2019 .......................... 70 of 2019 Other Papers Gifted Education Fund Financial statements for the year ended 31 August 2018 (including Report of the Director of Audit) 9238 LEGISLATIVE COUNCIL ― 8 May 2019 Financial Reporting Council Annual Report 2018 (including Financial Statements and Report of the Director of Audit) Supplemental Report of the Public Accounts Committee on Report No.71 of the Director of Audit on the Results of Value for Money Audits (May 2019––P.A.C. Report No. 71A) Report No. 16/18-19 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ADDRESS PRESIDENT (in Cantonese): Address. Mr Abraham SHEK will address the Council on the "Public Accounts Committee Report No. 71A". Supplemental Report of the Public Accounts Committee on Report No. 71 of the Director of Audit on the Results of Value for Money Audits (May 2019―P.A.C. Report No. 71A) MR ABRAHAM SHEK: President, on behalf of the Public Accounts Committee ("the Committee"), I have the honour to table our Report No. 71A. This is the Committee's second report on the Director of Audit's Report No. 71. It contains our conclusions and recommendations on the Chapter "Centre for Food Safety: Import control of foods". The first report which focused on another related chapter on the management of food safety was tabled in the Council in February this year. In 2017, over 90% of foods and live food animals for human consumption in Hong Kong were imported. According to the Government's published trade statistics, the total value of imported foods in 2017 was more than $200 billion. In the past five years, expenditure on the Centre for Food Safety ("CFS") had increased by 32% from $448 million to $592 million, more than 50% of which was spent on the import control of foods. LEGISLATIVE COUNCIL ― 8 May 2019 9239 Import control is of paramount importance to ensuring effective food safety control in Hong Kong. CFS has set up food control offices across the territory to carry out established procedures for controlling the import of foods via air, road and sea. Guidelines and Operational Manual have been prepared to assist CFS staff in carrying out their duties. The Committee expresses grave dismay and finds it unacceptable that CFS staff have not followed the established procedures in the import control of foods as evidenced by a number of incidents revealed in the Audit Report. The Committee also considers that the CFS management and supervisory staff have failed to ensure their frontline staff's compliance with the guidelines and Operational Manual. In one serious case which is still under investigation by CFS, the Audit Commission revealed that in five inspections on food samples imported by air, the food samples were preselected for radiation tests by importers. This is contrary to the guidelines that the samples should be randomly selected by CFS staff. The Committee also expresses grave dismay and finds it unacceptable that CFS has not proactively reviewed its practices, systems and the Operational Manual to identify the deficiencies. Various problems and shortcomings could not be addressed in a timely manner and effectively. One example as revealed by the Audit Commission was the evasion of inspection by vehicles at the Man Kam To Food Control Office. The Audit Commission discovered that nine vehicles had at least once evaded CFS inspection at the Control Office and two vehicles had never been driven into the Control Office for CFS inspection of the consignments.