LEGISLATIVE COUNCIL ― 1 November 2018 1015 OFFICIAL RECORD OF PROCEEDINGS Thursday, 1 November 2018 The Council continued to meet at Nine 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. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.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. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. 1016 LEGISLATIVE COUNCIL ― 1 November 2018 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 CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN LEGISLATIVE COUNCIL ― 1 November 2018 1017 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 SHIU KA-CHUN THE HONOURABLE WILSON OR CHONG-SHING, M.H. THE HONOURABLE YUNG HOI-YAN DR THE HONOURABLE PIERRE CHAN 1018 LEGISLATIVE COUNCIL ― 1 November 2018 THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE TANYA CHAN 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. MEMBERS ABSENT: THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. THE HONOURABLE DENNIS KWOK WING-HANG LEGISLATIVE COUNCIL ― 1 November 2018 1019 PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN LEE KA-CHIU, S.B.S., P.D.S.M., J.P. SECRETARY FOR SECURITY THE HONOURABLE FRANK CHAN FAN, J.P. SECRETARY FOR TRANSPORT AND HOUSING DR RAYMOND SO WAI-MAN, B.B.S., J.P. UNDER SECRETARY FOR TRANSPORT AND HOUSING CLERKS IN ATTENDANCE: MS ANITA SIT, ASSISTANT SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 1020 LEGISLATIVE COUNCIL ― 1 November 2018 MEMBERS' MOTIONS PRESIDENT (in Cantonese): This Council will now continue to deal with the motion under Article 73(5) and (10) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. Mr SHIU Ka-fai, please speak. MOTION UNDER ARTICLE 73(5) AND (10) OF THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA Continuation of debate on motion which was moved on 31 October 2018 MR SHIU KA-FAI (in Cantonese): President, concerning Ms Claudia MO's motion today to summon the Secretary for Security and the Director of Immigration to attend before the Council to give explanations on the Victor MALLET incident, I have the following views. The Government, a number of media and pro-establishment Members have pointed out on different occasions that, according to international practice, explanations need not be given to those who are refused entry. This practice is adopted by the United Kingdom and the United States, countries that are much admired by non-establishment Members. I will give some examples. In July this year, a Kuwaiti doctor travelled to a western country to give a speech. Although he had a visa, he was still stopped from boarding the plane by United States agents and the United States later revoked his visa without providing any reason. The work visa of Roman ABRAMOVICH, a Russian tycoon who owned a football team, was due to expire in April this year, so he submitted a renewal application as required but his application was rejected by the authorities concerned. His application had been processed for quite some time, but approval had not been given and the authorities had not provided any explanation. According to the laws of some states in the United States, marijuana is now legalized. As the TRUMP Administration opposes the legalization of marijuana, more and more Canadians who engage in cannabis business are not permitted to enter the United States. Again, no explanation is given. LEGISLATIVE COUNCIL ― 1 November 2018 1021 In fact, there are numerous examples of governments of various places not explaining to those who are refused entry. If you ask me whether I want to know the reason for my rejection, I would say no explanation is needed. If you ask me whether I am not concerned about major international events, my answer is in the negative. I think the United Kingdom, the United States and Hong Kong are free economies and international metropolises and they welcome people who enter the countries through legal channels for employment, business, tourism, study and cultural exchanges, etc., and are willing to grant visas to those people. However, the applicants for visas or visa renewal must comply with the visa requirements. An example is that if a person wants to travel to the United States, I believe the immigration officer will ask him how much cash he has with him, where he will live, and whether he has friends there. If he tells the immigration officer that he only has US$50 and he cannot provide a residence address and does not have any friends in the United States, I believe his entry will not be allowed and the immigration officer will not provide written explanations. In another example, a person studying in a certain place is not allowed to work there, if the authorities find that he works, I believe his visa renewal application will not be approved and the authorities will not provide the reasons. If a person is granted a visa for working as a chef, but he actually works as a ticket scalper, and if the authorities find out his condition, I believe he will not be allowed to enter the country. President, as a Legislative Council Member, I have received many relevant cases. Many members of the public told me that their relatives and friends on the Mainland were not permitted to enter Hong Kong, I then asked them for the reasons. Most of them might have come to Hong Kong five days a week in the past year; they entered the territory at 8:00 am and left at 7:00 pm. They claimed that they came to Hong Kong as tourists, but I wondered why they came to Hong Kong almost every day. Is Hong Kong really a place full of fun? Of course, we all know very well that they came to Hong Kong to work as illegal workers. How then can I help them ask the Immigration Department to approve their entry? If some people will cause national security problems in certain places or if the local government thinks that they will affect the peaceful life there, it is reasonable and fair to refuse their entry. 1022 LEGISLATIVE COUNCIL ― 1 November 2018 Many non-establishment Members have made two points: First, the Victor MALLET incident will lead to suppression of freedom of the press and freedom of speech. Second, they are worried that it will affect the confidence of foreign investors in Hong Kong. Why do they think so? I believe the main reason is that they speculate that the reason for rejecting Mr Victor MALLET's entry was due to the fact that he held a forum at the Foreign Correspondents' Club, Hong Kong ("FCC"), thereby creating a platform for Andy CHAN of the Hong Kong National Party ("HKNP") to promote "Hong Kong independence". Mr MALLET is a journalist, is the rejection of his entry due to his news reporting in Hong Kong through legal channels, or due to his criticisms against the Government, leading to his visa renewal application being disapproved; or is it due to other reasons not inferred by non-establishment Members? President, I do not rule out and I even believe that Mr MALLET's entry was rejected because he had created a platform for Andy CHAN of HKNP to promote "Hong Kong independence".