by calvin
harbourtimes.comToday, 14:53
November 21st Friday
Continuation of Council meeting
1. Debate continued on Cyd Ho’s (GC- HK Island, Labour Party) motion to appoint a select committee and use the LegCo’s power to investigate whether CY Leung has contravened Article 47 of the Basic Law which stipulates that the CE must be a person of integrity, dedicated to his or her duties. The investigation will also look at whether CY has accurately declared his holding of shares in DTZ Japan to the Chief Justice of the Court of Final Appeal when he assumed office and other cases of alleged conflict of interest, such as the free television programme service licence regarding Hong Kong Television Network Limited. Motion was voted down in the FC with 4 to 21 while in GC, there were 16 for and 12 against the motion.
2. Ronny Tong (GC- NT East, Civic Party) moved a motion to urge “the Government to expeditiously put forward a practical and feasible constitutional reform package.” Emily Lau (GC- NT East, DP) will amend Tong’s motion by defining the ‘reform package’ to be complied with the International Covenant on Civil and Political Rights, to ensure the CE election will be competitive and free of political screening. She also urged the Government to abolish all functional constituency seats in LegCo no later than 2020. Debate underway.
Meeting of House Committee
No Bill Committee or Subcommittee was formed. Chairman Andrew Leung (FC- Industrial 1st, BPA) will reflect to Chief Secretary Carrie Lam of the demands of Kwok Ka-ki (GC- NT West, Civic Party) to follow up on the Public Sentiments Report which the Government has promised to submit to the Hong Kong & Macao Affairs Office and also to urge CY Leung to attend the Q&A session in LegCo.
Meeting of Finance Committee
Filibustering continued on the landfill funding proposals and the construction of an incinerator. Albert Chan’s (GC- NT West, People Power) motion to adjourn the discussion was voted down. Chan said he was informed by environmental experts that the construction cost of the incinerator is far more expensive than similar projects in China. Chairman Tommy Cheung (FC- Catering, Liberal Party) announced that he will cut the filibuster in next meeting by only allowing 4 to 5 more members to raise questions and will proceed to the voting of amendments. Fernando Cheung and Gary Fan (GC- NT East, Neo Democrats) protested against Tommy Cheung’s decision and Fan was kicked out of the meeting.
November 24th Monday
Meeting of Subcommittee on Matters Relating to Railways
Progress update of the construction of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link, West Island Line, South Island Line (East), Kwun Tong Line Extension and Shatin to Central Link. Members criticised the Government for not consulting the public properly about preserving the archaeology finds along the Shatin to Central Link. Claudia Mo (GC- Kowloon West, Civic Party) and Gary Fan also asked if the Government was being conservative in historic preservation while spending billions on infrastructure. Regarding the construction of Shatin to Central Link, it is expected to exceed the planned budget for $3.1 billion. The Government said that it will pay the additional cost if MTR is found to have not been responsible the delay of construction.
Meeting of Panel on Economic Development
Discussion on the subsidiary legislation proposals and draft guidelines under the Competition Ordinance. Chairperson of Competition Commission and ExCo member Anna Wu assured members that there will be a system to avoid exploitation of the new competition laws, such as an internal investigation prior to an official investigation to every case.
Meeting of Joint Subcommittee to Monitor the Implementation of the West Kowloon Cultural District Project
1. Christopher Chung (GC- HK Island, DAB) was re-elected as Chairman with a narrow win of 1 vote over Alan Leong (GC- Kowloon East, Civic Party). Leong became the Deputy Chairman.
2. Update on the progress of the West Kowloon Cultural District development. Construction projects in WKCD have begun and some will begin soon. However, the Government urged members to stop filibustering in the Public Works Subcommittee and Finance Committee as it will delay the construction of projects like the M+ museum and increase the cost.
3. Proposed extension of a Principal Government Engineer post and a Administrative Officer relating to the West Kowloon Cultural District project. Discussion will continue in the Establishment Subcommittee in the future.
Meeting of Panel on Environmental Affairs
1. Environmental Impact Assessment for the Three-Runway System Project. Kenneth Chan (GC- HK Island, Civic Party) worried if the Government is destroying the habitat of dolphins before conserving the marine life and urged the Environmental Protection Department to retract EIA approval to the Airport Authority.
2. Further enhancing quality of coastal waters of Victoria Harbour. The field surveys, investigations and research will cost $89.6m.
3. Emergency sewage bypass incident at Pillar Point Sewage Treatment Works on 25 August 2014. Follow up actions include deducting the monthly payments to the contractor
for the operation if it fails to meet the performance indicators.
Meeting of Bills Committee on Insurance Companies (Amendment) Bill 2014
The Bill will establish an independent Insurance Authority to license insurance intermediaries. The power of investigation, prosecution and ruling will all concentrate on the Authority. Discussion underway.
Meeting of Panel on Administration of Justice and Legal Services
1. Proposed Arbitration (Amendment) Bill 2015. The Bill will remove some legal uncertainties relating to the opt-in mechanism provided for domestic arbitration and will update the Arbitration Ordinance with the New York Convention.
2. Draft Live Television Link (Witnesses outside Hong Kong) Rules and Draft Rules of the High Court (Amendment) Rules. The rules will empower the court to permit a person, who is not the defendant, to give evidence in criminal proceedings in a Hong Kong court by way of a live television link outside Hong Kong, and allow the drawing up, certification and transmission of minutes upon conclusion of an examination of a witness in Hong Kong by way of a live television link.
3. 2014-2015 Judicial Service Pay Adjustment. CE and ExCo decided on 23rd September 2014 that the pay for judges and judicial officers for 2014-15 should be increased by 6.77% with effect from 1st April 2014. Law Society President Stephen Hung supported the raise and said the judges will not usually voice out to improve their own welfare.
Meeting of Bills Committee on Land (Miscellaneous Provisions) (Amendment) Bill 2014
The Bill is to increase the penalties for unlawful occupation of unleased land. Scrutiny of the Bill is done and the Bill will resume 2nd reading in the Council soon.
November 25th Tuesday
Meeting of Bills Committee on District Cooling Services Bill
First Meeting. Lo Wai-kwok (FC- Engineering, BPA) was elected to be the Chairman. Members were supportive of the implementation of the District Cooling Services (DCS) at Kai Tak Development. Some of them expressed concern that building owners or their authorised agents might set the air-conditioning charges of their buildings well above the DCS charges collected by the Administration and make a profit out of the district cooling services.
Meeting of Panel on Transport
1. Latest progress of the “Universal Accessibility” Programme. Tang Ka-piu (FC- Labour, FTU) asked whether the administration will build facilities of the “Universal Accessibility” Programme on the bridges that do not belong to the administration. Yau Shing-mu, Transport and Housing Under Secretary, responded that the administration had not yet decided on solutions.
2. Discussion on the fares of MTR West Island Line. Adult Octopus users and other Octopus users will enjoy $2 and $1 fare discounts respectively by waving their Octopus over self-serviced special discount machines for journeys from Sheung Wan Station or HKU Station to other MTR stations, before the opening of Sai Ying Pun Station.
3. Work plan for the Public Transport Strategy Study (PTSS), which reviews the role of public transport service. The administration also seeked member’s views on the proposed creation of a supernumerary post of an Administrative Office Staff to oversee the work of the PTSS. Wu Chi-wai (GC- Kowloon East, DP) believes the study is not all-rounded, as it only studies public transport, but does not include private cars and other public transportation tools.
Meeting of Subcommittee on Issues Relating to the Development of Chinese Medicine
1. Background information and the latest progress of the registration and testing of proprietary Chinese medicines (pCm). Elizabeth Quat (GC- NT East, DAB) asked about the reasonable time duration to complete the process. The administration replied there are no clear benchmarks as cases vary.
2. Introduction of the Good Manufacturing Practice (GMP) requirements on proprietary Chinese medicines. A GMP product development and technical support platform for traditional oral solid pCm products is proposed to be set up.
Meeting of Bills Committee on Property Management Services Bill
Discussion continued on the bill which proposes to establish a Property Management Services Authority and introduce a licensing regime to regulate property management services. The administration claims practitioners in the industry hope to have the licensing regime, so as to build up their competitiveness.
Meeting of Panel on Development
1. Forthcoming funding submission to the Public Works Subcommittee and the Finance Committee for the Capital Works Reserve Fund (CWRF) block allocations for 2015-16. It proposes to seek Finance Committee's approval for a total allocation of $12,204.7m for 2015-16 for the block allocations under the CWRF.
2. Proposed revision of eight Government fees for services related to builders’ lifts and tower working platforms under the purview of the Electrical and Mechanical Services Department. The adjustments mainly concern registration fees. The estimated increase in revenue is about $22,500 per annum, after the proposed fee adjustments are implemented.
3. Phase II Public Engagement Exercise for the proposed establishment of a Harbourfront Authority and seeks Members’ views on the proposal. Fernando Cheung (GC- NT East, Labour Party) said he is worried if the Harbourfront can really be opened to the public. As the Authority has to achieve overall financial sustainability and independence in the long run, Cheung predicted there may be commercial activities which make openness to the public unachievable.
4. Report on the archaeological features discovered at the To Kwa Wan Station of the Shatin to Central Link. Kenneth Chan (GC- Hong Kong Island, Civic Party) said he would support the Government to apply for funding to preserve the archaeological features.
Meeting of Bills Committee on Administration of Justice (Miscellaneous Provisions) Bill 2014
Discussion continues on the bill to improve the court system. Clause by clause examination underway.
Meeting of Bills Committee on Private Columbaria Bill
Members discussed the Bill which will license non-Government columbaria. Some members concerned customers will be affected if the license are not renewed after 10 years. Administration responded that if the operators did not break any of the requirements, the licenses in most of the cases will be renewed.
Meeting of Bills Committee on Pharmacy and Poisons (Amendment) Bill 2014
The Bill is to revise the current rules governing the manufacturing of pharmaceutical products and licensing of manufacturers, importers, exporters and wholesalers. It will also empower the Pharmacy and Poisons Board to carry out disciplinary actions. Discussion underway.
November 26th Wednesday
Meeting of Public Works Subcommittee
(The meeting last week was cancelled due to protesters breaking windows of the LegCo building.)
1. The Subcommittee was scheduled to vote on the 59 amendments filed by Albert Chan (GC- NT West, People Power), Gary Fan (GC- NT East, Neo Democrats) and Fernando Cheung (GC- NT East, Labour Party) before summer on the proposal to pay $226.9m for strategic studies to explore the feasibility of constructing artificial islands in the central waters between Hong Kong Island and Lantau, including development of an East Lantau Metropolis. The Government withdrew the issue without explaining the reason. Deputy Secretary for Financial Services and the Treasury (Treasury) Yeung Tak-keung said the Government will explain in a written response to members.
2. Construction of additional infrastructure to support various planned developments at Whitehead, Ma On Shan was approved and will seek funding in the Finance Committee next. The estimated cost is $252.8m.
3. Proposal to increase the approved project estimate of Liantang/Heung Yuen Wai Boundary Control Point and associated works-site formation and infrastructure works by $8.72 billions from $16.25 billions to $24.97 billions. Lee Cheuk-yan (GC- NT West, Labour Party) proposed to adjourn the discussion and was approved with 19 to 14.
4. Proposal to fund the planning and engineering study on Sunny Bay reclamation and
associated site investigation works with an estimated cost of $100.5m. Albert Chan proposed to adjourn the discussion and was approved with 20 to 15.
5. Proposal to fund the construction of Kowloon East Regional Headquarters and Operational Base-cum-Ngau Tau Kok Divisional Police Station with an estimated cost of $2.96 billions. Discussion underway.
Council meeting
Selected members’ questions
Tam Yiu-chung (GC- NT West, DAB)
Q: What is the impact of people saying that “the rule of law will not be undermined insofar as the people who have deliberately breached the law subsequently turn themselves in, and the rule of law does not mean unconditional compliance with the law”?
Rimsky Yuen, Secretary for Justice
A: It is wrong for any suggestions that the rule of law is not undermined or under challenged if people can freely or intentionally disobey the law first and then accept the consequences of breaking the law. The rule of law cannot realistically and effectively operate in a civilised and orderly society on this basis.
Emily Lau (GC- NT East, DP)
A: The Independent Review Committee for the Prevention and Handling of Potential Conflicts of Interests put forward 36 recommendations in May 2012 to amend the Prevention of Bribery Ordinance (POBO). Why the authorities have not yet introduced to LegCo any legislative proposal to amend the Ordinance?
Carrie Lam, Chief Secretary
A: Recommendations on the revisions to the POBO have constitutional, legal and operational implications and may have impact on the existing POBO, the Government needs to handle them prudently and study them in an in-depth and holistic manner. The Government has implemented more than half of the 36 recommendations, including the revisions to the Code for Officials Under the Political Appointment System.
Bills
Contracts (Rights of Third Parties) Bill
Rights for third parties, who are not a party to a contract, to enforce the contractual terms.
2nd and 3rd reading approved.
Statute Law (Miscellaneous Provisions) Bill 2014
Amending unconstitutional elements of the Crime Ordinance (removing bans against gay sex between men), Sex Discrimination Ordinance (providing more power to the EOC), TDO, spam, BMO, other - all based on court rulings.
2nd and 3rd reading approved.
Members’ motions
1. Debate continued on Ronny Tong’s (GC- NT East, Civic Party) motion last week to urge “the Government to expeditiously put forward a practical and feasible constitutional reform package.” Emily Lau (GC- NT East, DP) proposed to amend Tong’s motion by defining the ‘reform package’ to be complied with the International Covenant on Civil and Political Rights, in order for the CE election to be competitive and free of political screening. She also urged the Government to abolish all functional constituency seats in LegCo no later than 2020. Emily’s amendment was voted down but Tong’s original motion was approved with 54 members voting in favour, 2 against and 1 abstaining. Writing at his column the following day, Tong was shocked his motion was passed and considered it amusing as similar motions were all voted down by pro-establishment in the past years.
2. Poon Siu-ping (FC- Labour, Federation of Hong Kong and Kowloon Labour Unions) moved a motion to urge the Government to establish a dedicated committee to review comprehensively the policies on Hong Kong employees' occupational safety and health, including the protection coverage of occupational diseases and improvement of the protection for workers in high-risk occupations such as insurance, compensation, therapy and rehabilitation. Poon’s motion and Tang Ka-piu’s (FC- Labour, FTU) amendment were approved.
http://harbourtimes.com/openpublish/legco-round-up-november-20141127
