LEGISLATIVE COUNCIL ─ 20 March 2013 7479 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 20 March 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, 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. 7480 LEGISLATIVE COUNCIL ─ 20 March 2013 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 THE HONOURABLE WONG YUK-MAN LEGISLATIVE COUNCIL ─ 20 March 2013 7481 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 THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK 7482 LEGISLATIVE COUNCIL ─ 20 March 2013 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 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 LEGISLATIVE COUNCIL ─ 20 March 2013 7483 THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS MS JULIA LEUNG FUNG-YEE, S.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 MR LAU KONG-WAH, J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR JOHN LEE KA-CHIU, P.D.S.M., P.M.S.M., J.P. SECRETARY FOR SECURITY 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 7484 LEGISLATIVE COUNCIL ─ 20 March 2013 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. Rating (Exemption) Order 2013 ......................................... 26/2013 Revenue (Reduction of Business Registration Fees) Order 2013 ........................................................................ 27/2013 Legislation Publication (Revision) Order 2013 ................. 28/2013 Telecommunications (Telecommunications Apparatus) (Exemption from Licensing) (Amendment) Order 2012 (Commencement) Notice .............................. 29/2013 Toys and Children's Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2013 ........................ 30/2013 Other Papers No. 75 ─ Estimates for the year ending 31 March 2014 General Revenue Account - Consolidated Summary of Estimates - Revenue Analysis by Head No. 76 ─ Hong Kong Rotary Club Students' Loan Fund Financial statements for the year ended 31 August 2012 No. 77 ─ Sing Tao Charitable Foundation Students' Loan Fund Financial statements for the year ended 31 August 2012 No. 78 ─ Hong Kong Arts Development Council Annual Report 2011/12 LEGISLATIVE COUNCIL ─ 20 March 2013 7485 No. 79 ─ The Hong Kong Academy for Performing Arts Annual Report 2011-2012 and financial statements for the year ended 30th June 2012 No. 80 ─ Self-financing Post-secondary Education Fund Financial statements for the period from 26 August 2011 to 31 August 2012 No. 81 ─ HKSAR Government Scholarship Fund Financial statements for the year ended 31 August 2012 No. 82 ─ The Lord Wilson Heritage Trust Annual Report 2011-2012 No. 83 ─ AIDS Trust Fund Financial statements for the year ended 31 March 2012 Report No. 12/12-13 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Government's Response to Issues Raised by United Nations Human Rights Committee 1. MS EMILY LAU (in Cantonese): President, in April 2011, the Hong Kong Special Administrative Region (SAR) Government submitted, through the Central People's Government, its third report in the light of the International Covenant on Civil and Political Rights (Covenant) to the United Nations Human Rights Committee (UNHRC). The UNHRC adopted a "List of issues to be taken up in connection with the consideration of the third periodic report of Hong Kong, China" (List of Issues) in November 2012, and conducted a hearing on that report in Geneva, Switzerland on the 12th and 13th of this month. In this connection, will the executive authorities inform this Council: 7486 LEGISLATIVE COUNCIL ─ 20 March 2013 (a) given that paragraph 3 of the List of Issues requested the SAR Government to "indicate what further steps have been taken to ensure that the next Chief Executive and Legislative Council elections take place by universal suffrage in compliance with the Covenant", of the details of the SAR Government's response to the UNHRC in this respect; and (b) given that paragraph 3 of the List of Issues requested the SAR Government to describe "the conditions for nomination, for example, age limits, and any other qualifications or restrictions" for the candidates for the next Chief Executive election, of the details of the SAR Government's response to the UNHRC in this respect; and given the recent comment of the spokesman of the National Committee of the Chinese People's Political Consultative Conference that he believed that Hong Kong people would elect a person who loved the country and Hong Kong to be the Chief Executive, whether the authorities will set "loving the country and Hong Kong" as one of the conditions for candidacy for the next Chief Executive election? SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS (in Cantonese): President, our reply to the questions raised by Ms LAU is as follows: (a) The Government of the SAR has made it clear in the "Third Report of the SAR of the People's Republic of China in the light of the International Covenant on Civil and Political Rights" and in its response to a written question raised by the UNHRC that, the SAR is committed to attaining the ultimate aim of selecting the Chief Executive and electing all the Members of the Legislative Council by universal suffrage in accordance with the Basic Law and the "Decision on Issues Relating to the Methods for Selecting the Chief Executive of the SAR and for Forming the Legislative Council of the SAR in the Year 2012 and on Issues Relating to Universal Suffrage" adopted by the Standing Committee of the National People's Congress in December 2007 (the NPCSC's Decision). (b) The Government of the SAR has made it clear in its response to a written question raised by the UNHRC that, Article 44 of the Basic LEGISLATIVE COUNCIL ─ 20 March 2013 7487 Law provides that, "the Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who is a permanent resident of the Region with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years".