A 15/16-15

Legislative Council

Agenda

Wednesday 27 January 2016 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Antiquities (Excavation and Search) (Amendment) Regulation 20169/2016
2.Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) (Amendment) Regulation 201610/2016
3.Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) (Amendment) Regulation 201611/2016
4.Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) (Amendment) Regulation 201612/2016
5.Administration of Justice (Miscellaneous Provisions) Ordinance 2014 (Commencement) Notice13/2016
6.Hong Kong Court of Final Appeal Suitors' Funds Rules (Commencement) Notice14/2016
7.High Court Suitors' Funds (Amendment) Rules 2015 (Commencement) Notice15/2016
8.District Court Suitors' Funds (Amendment) Rules 2015 (Commencement) Notice16/2016
9.Lands Tribunal (Suitors' Funds) Rules (Commencement) Notice17/2016
10.Labour Tribunal (Suitors' Funds) (Amendment) Rules 2015 (Commencement) Notice18/2016
11.Small Claims Tribunal (Suitors' Funds) (Amendment) Rules 2015 (Commencement) Notice19/2016

Other Papers

1.No. 61-Hospital Authority
Annual Report 2014-2015
(to be presented by Secretary for Food and Health)

2.No. 62-Samaritan Fund
Financial Statements for the year ended 31 March 2015 and Report on the Fund
(to be presented by Secretary for Food and Health)

II. Questions



1. Hon Albert HO to ask: (Translation)


The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("the Convention") has applied to Hong Kong since 1992. On the 13th of this month, when the Chief Executive attended a press conference after delivering this year's Policy Address, a reporter asked whether Hong Kong could consider withdrawing from the Convention. In response, the Chief Executive said that "if needed, we could do so". In this connection, will the Government inform this Council:
  • (1)whether it has assessed if it can achieve the outcome of the Convention ceasing to apply to Hong Kong; if it has, of the details; if not, the reasons for that;

    (2)whether it has assessed the resultant impact on Hong Kong's international image on protection of human rights in the event that the Convention ceases to apply to Hong Kong; if it has, of the details; if not, the reasons for that; and

    (3)as China is a State Party to the Convention and matters about the Convention ceasing to apply to Hong Kong should be dealt with by the Central Authorities, whether it has raised the relevant proposal with the Central Authorities; if it has, of the response of the Central Authorities; if not, the reasons for that?
Public Officer to reply : Secretary for Security

2. Hon Alan LEONG to ask: (Translation)


On the sixth of this month, Global Times, a state-run newspaper of the Mainland, published an editorial entitled "Hype and distortion of Hong Kong bookseller's co-operation with investigation". When referring to the way by which a shareholder of Causeway Bay Books, who was reported missing last month, entered the Mainland, the editorial pointed out that "powerful agencies across the world generally have their own ways to circumvent the law and make the person under investigation to work with them, so that they can proceed with their work without crossing the bottom line of the system". There are comments that such statement aroused concerns that some mainland law enforcement officers had caused the missing person to enter the Mainland by using, in Hong Kong, ways which circumvented the law, and that such an act is a blatant breach of the "one country, two systems" principle. In this connection, will the Government inform this Council:
  • (1)whether it knows, in the past five years, if any "powerful agencies" of the Mainland caused any Hong Kong people to enter the Mainland by using, in Hong Kong, ways of arrests, transport in custody or other ways which circumvented the law; if there were such incidents, of the details;

    (2)whether it received requests for assistance from any "powerful agencies" or other agencies of the Mainland in the past five years to facilitate their causing any Hong Kong people to enter the Mainland by using, in Hong Kong, ways of arrests, transport in custody or other ways which circumvented the law; if there were such incidents, of the details and the Government's responses to such requests; and

    (3)whether it has made enquiries with the Central Authorities to see if the "powerful agencies" or other agencies of the Mainland know whether any Hong Kong people entered the Mainland in the past five years by using ways which circumvented the law; if it has made such enquiries, of the replies received?
Public Officer to reply : Secretary for Security

3. Hon LEE Cheuk-yan to ask: (Translation)


Regarding issues relating to the Chief Executive ("CE") paying duty visits to report on his work to the Central People's Government ("CPG") ("reporting visits"), will the Government inform this Council:
  • (1)whether the authorities will, in composing CE's reports for reporting visits in future, consider consulting the public on the outline and the main contents of such reports, and making public such reports and relevant documents expeditiously after the reporting visits, so as to manifest the constitutional responsibility that CE shall be accountable to the Hong Kong Special Administrative Region, and to enhance the transparency of policy implementation by the Government; if so, of the details; if not, the reasons for that;

    (2)whether the authorities, during the previous reporting visits made by the incumbent CE or in his reports for such reporting visits, proposed matters for which they intended to secure CPG's support; if so, whether they can provide the relevant list and details; if they cannot provide such information, of the reasons for that; and

    (3)whether the incumbent CE, during his previous reporting visits, received directives or instructions given by CPG in verbal, written or other forms; if so, whether the authorities can provide the relevant list and details; if they cannot provide such information, of the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

4. Dr Hon LAM Tai-fai to ask: (Translation)


Earlier on, five shareholders or employees of Causeway Bay Books were reported missing one after another, which has aroused wide public concern. It has been reported that the wife of one of the missing persons received consecutively two calls (the displayed caller number being a Shenzhen phone number) and a video footage from that missing person to assure her of his safety, and an associate of the bookstore received a handwritten fax from that missing person, disclosing that he had "returned to the Mainland using his own way to work with the authorities concerned in an investigation". Moreover, when commenting on the way through which that missing person entered the Mainland, the editorial of a mainland newspaper pointed out that "powerful agencies across the world generally have their own ways to circumvent the law and make a person under investigation work with them, so that they can proceed with their work without crossing the bottom line of the system". Also, a Member of this Council quoted a message from his friend saying that the five missing persons illegally entered the Mainland one after another to visit prostitutes and were arrested by public security authorities. Such remarks have sparked strong repercussions. The aforesaid cases have aroused concerns about whether the "one country, two systems" has been weakened, the way the Hong Kong Special Administrative Region ("SAR") Government handles cases of Hong Kong residents reported missing, whether some persons have left Hong Kong by ways which circumvented the laws, whether mainland law enforcement officers have crossed the boundary to take law enforcement actions in Hong Kong, and whether the Government has assisted them in conducting investigations in Hong Kong. In this connection, will the Government inform this Council:
  • (1)of the number of Hong Kong residents found after they had been reported missing, their conditions when they were found (i.e. whether they were alive or dead), the number of those who have not yet been found, the number of Hong Kong residents intercepted by law enforcement departments when they were trying to leave the territory illegally, and whether it knows the number of persons who successfully left the territory illegally, since the reunification;

    (2)whether it knows, since the reunification, if any government officials and officers of law enforcement departments of the Mainland conducted investigations in Hong Kong into criminal offences, commercial crimes, cases of persons missing, etc., and whether the SAR Government has provided assistance to them; if so, of the details; if not, the reasons for that; and

    (3)whether the SAR Government has sought, since the reunification, assistance from the mainland authorities to locate missing Hong Kong residents and the number of those who were found on the Mainland; if so, o