LEGISLATIVE COUNCIL ― 18 November 2020 1469 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 18 November 2020 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.M., G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.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. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. 1470 LEGISLATIVE COUNCIL ― 18 November 2020 THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE MA FUNG-KWOK, G.B.S., J.P. THE HONOURABLE CHAN HAN-PAN, B.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, S.B.S., M.H., J.P. THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. THE HONOURABLE KWOK WAI-KEUNG, J.P. THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. THE HONOURABLE ELIZABETH QUAT, B.B.S., J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, G.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 JIMMY NG WING-KA, B.B.S., J.P. DR THE HONOURABLE JUNIUS HO KWAN-YIU, J.P. THE HONOURABLE HOLDEN CHOW HO-DING THE HONOURABLE SHIU KA-FAI, J.P. THE HONOURABLE WILSON OR CHONG-SHING, M.H. LEGISLATIVE COUNCIL ― 18 November 2020 1471 THE HONOURABLE YUNG HOI-YAN, J.P. DR THE HONOURABLE PIERRE CHAN THE HONOURABLE CHAN CHUN-YING, J.P. THE HONOURABLE CHEUNG KWOK-KWAN, J.P. 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 VINCENT CHENG WING-SHUN, M.H., J.P. MEMBERS ABSENT: THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE LEUNG YIU-CHUNG PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE FRANKIE YICK CHI-MING, S.B.S., J.P. THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE CHARLES PETER MOK, J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG DR THE HONOURABLE HELENA WONG PIK-WAN 1472 LEGISLATIVE COUNCIL ― 18 November 2020 THE HONOURABLE IP KIN-YUEN THE HONOURABLE ANDREW WAN SIU-KIN THE HONOURABLE LAM CHEUK-TING THE HONOURABLE SHIU KA-CHUN THE HONOURABLE KWONG CHUN-YU THE HONOURABLE JEREMY TAM MAN-HO THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S., J.P. PUBLIC OFFICERS ATTENDING: DR THE HONOURABLE LAW CHI-KWONG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE 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 PROF THE HONOURABLE SOPHIA CHAN SIU-CHEE, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE ALFRED SIT WING-HANG, J.P. SECRETARY FOR INNOVATION AND TECHNOLOGY DR CHOI YUK-LIN, J.P. UNDER SECRETARY FOR EDUCATION DR BERNARD CHAN PAK-LI, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT LEGISLATIVE COUNCIL ― 18 November 2020 1473 DR CHUI TAK-YI, J.P. UNDER SECRETARY FOR FOOD AND HEALTH MR JOSEPH CHAN HO-LIM, J.P. UNDER SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY CLERKS IN ATTENDANCE: MR KENNETH CHEN WEI-ON, S.B.S., SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, DEPUTY SECRETARY GENERAL MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL 1474 LEGISLATIVE COUNCIL ― 18 November 2020 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) LAYING OF PAPERS 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 Legal Notice No. Statute Law (Miscellaneous Provisions) Ordinance 2020 (Commencement) Notice .......................... 215 of 2020 Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation ............ 221 of 2020 Other Papers Fire Services Department Welfare Fund Report on the Administration of the Fund, Financial Statements and Report of the Director of Audit for the year ended 31 March 2020 Director of Social Welfare Incorporated Financial Statements for the year ended 31 March 2020 (including Report of the Director of Audit) Environment and Conservation Fund Trustee Report 2019-2020 (including Report of the Director of Audit and Financial Statements) Secretary for Home Affairs Incorporated Financial Statements and Report of the Director of Audit for the year ended 31 March 2020 LEGISLATIVE COUNCIL ― 18 November 2020 1475 Sir Edward Youde Memorial Fund Report of the Board of Trustees, Financial Statements and Report of the Director of Audit for the Period 1 April 2019 to 31 March 2020 ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): First question. Since Mr James TO, the Member asking this question, is not present, according to the relevant provisions in the Rules of Procedure, I now call upon Ms Starry LEE to ask this question. Ms Starry LEE, please raise the question. Changes in Hong Kong's economy, rule of law and freedom as well as society 1. MS STARRY LEE (in Cantonese): President, it has been reported that with the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region coming into operation on 30 June this year, aspects of Hong Kong such as economy, rule of law and freedom, as well as society have shown accelerated changes. In this connection, will the Government inform this Council, since the beginning of this year: (1) of the countries which have implemented economic sanction measures on Hong Kong (including the revocation of preferential treatments); the bilateral economic and trade agreements the signing or implementation of which has been deferred, or which have been suspended or rescinded; the foreign technology groups or electronic data storage providers which have denied access of the Securities and Futures Commission to their clients' financial data stored at data centres; the international economic and trade, cultural and educational exchange programmes organized with Hong Kong which have been suspended (set out in a table); 1476 LEGISLATIVE COUNCIL ― 18 November 2020 (2) of the bilateral judicial agreements (including agreements on surrender of fugitive offenders and legal assistance) the signing or implementation of which has been deferred, or which have been suspended or rescinded; the overseas TechNet companies which have suspended the processing of the Hong Kong Police's requests for seeking users' information; the changes in Hong Kong's global rankings in terms of rule of law and freedom in the past 12 months; and (3) of the respective numbers of Hong Kong people who have applied for Certificates of No Criminal Conviction on grounds of emigration and pursuing further studies, as well as the respective numbers of university, secondary school and primary school students who have dropped out (with a breakdown by reasons); how such figures compare with the figures for the same periods in the past two years; whether it has estimated if such figures will continue to rise in future, and assessed the impacts of such trend on the development of Hong Kong? SECRETARY FOR SECURITY (in Cantonese): President, having consulted the Department of Justice, the Commerce and Economic Development Bureau, the Financial Services and the Treasury Bureau, the Education Bureau ("EDB"), the Constitutional and Mainland Affairs Bureau and the Home Affairs Bureau, my consolidated reply to the Member's question is as follows: It is the common and international practice for various countries in the world to safeguard national security through legislation. As national security falls within the purview of the Central Authorities, our country has the right to legislate for the matter. The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region ("the National Security Law") establishes effective legal system and enforcement mechanisms for safeguarding national security in Hong Kong, solidifying and strengthening the "one country, two systems" principle, Hong Kong people administering Hong Kong, and a high degree of autonomy. The National Security Law clearly stipulates that human rights shall be respected and protected in safeguarding national security in the Hong Kong Special Administrative Region ("HKSAR"), and that the legitimate rights and freedoms which residents LEGISLATIVE COUNCIL ― 18 November 2020 1477 enjoy shall be protected. The freedoms and rights enjoyed by residents under the Basic Law remain intact; and the judicial independence remains totally unchanged. The implementation of the National Security Law has reversed the chaotic situation involving conspiracy to attain "Hong Kong Independence" and serious violence in the past year, and restored stability in Hong Kong, thereby allowing the city to resume its normal operation and return to the path of development. Some countries have a large number and broad variety of national security laws, but have adopted unreasonable targeted measures against HKSAR using the National Security Law as an excuse for political purpose.