Minutes of the 16th Meeting of Central and Western C&WDC Date Time Venue : 16 October 2014 (Thursday) : 2:30 pm : Conference Room 14/F, Harbour Building 38 Pier Road, Central, Hong Kong Present: Chairman Mr YIP Wing-shing, BBS, MH, JP* Vice-chairman Mr CHAN Hok-fung* Members Mr CHAN Chit-kwai, BBS, JP Mr CHAN Choi-hi, MH* Ms CHENG Lai-king* Mr CHEUNG Kwok-kwan, JP Mr Jackie CHEUNG Mr HUI Chi-fung Mr IP Kwok-him, GBS, JP Mr KAM Nai-wai, MH Dr Malcolm LAM* Mr LEE Chi-hang, Sidney* Miss LO Yee-hang* Mr MAN Chi-wah, MH* Mr NG Siu-keung, Thomas, MH, JP* Ms SIU Ka-yi* Mr WONG Kin-shing Remarks: (2:30 pm – 7:37 pm) (2:30 pm – 7:37 pm) (2:30 pm – 5:09 pm) (2:30 pm – 5:30 pm) (5:16 pm – end of the meeting) (2:30 pm – 4:48 pm) (2:30 pm – 6:23 pm) * Members who attended the whole meeting ( ) Time of attendance of Members -1- Item 2 Mr LEUNG Ka-wah, Michael Mr WONG Wai-ming Mr Kenrick KO Mr LUK Yiu-wah, Everett Mr YIP Koon-keung, Ken Mr WONG Tat-ming, Richard Item 3 Mr LEUNG Ka-wah, Michael Mr Kenrick KO Item 4(ii) Mr WONG Chi-pan, Ricky Miss LEE Hoi-lun, Leonie Mr CHU Ho, Larry Ms TANG Tsui-yee, Caroline Mr LAM Shu-kee, Philip Item 4(iii) Mr Michael MA Mr AU Chun-ho, Wilfred Item 10 Ms WONG Ming-wai, Cynthia Item 11 Mr LAU Shing-lam Item 12 Mr LAI Kam-to Mr CHEUNG Pak-kin Mr FONG Wai-man, Edmond Mr CHAN Tse-fung Mr Terry YIU Senior Liaison Engineer, MTR Corporation Limited Operations Manager (TKO Line & Island Line), MTR Corporation Limited Project Communications Manager, MTR Corporation Limited Chief Engineer/Railway Development 2-1, Highways Department Senior Engineer/Priority Railway 1, Transport Department Chief Leisure Manager (Hong Kong West), Leisure and Cultural Services Department Senior Liaison Engineer, MTR Corporation Limited Project Communications Manager, MTR Corporation Limited Chief Assistant Secretary (Works) 2, Development Bureau Assistant Secretary (Heritage Conservation) 3, Development Bureau Assistant Secretary (Harbour) 1, Development Bureau Assistant Secretary (Planning)1, Development Bureau Engineer/Central & Western 2, Transport Department Director, Planning and Design, Urban Renewal Authority Deputy Chief Manager, Planning and Design, Urban Renewal Authority Senior Executive Officer (C&WDC), Central and Western District Office Senior Prof Officer/Signboard Control 2 Buildings Department Senior Network Operation Manager, Hong Kong and China Gas Company Limited Senior Customer Maintenance Services Manager, Hong Kong and China Gas Company Limited Transmission Project Manager, Hong Kong and China Gas Company Limited Senior Area Engineer (Western), Hongkong Electric Company, Limited Assistant Manager (Stakeholder Engagement), Hongkong Electric Company, Limited -2- Mr CHAU Shu-man Senior Engineer/Gas Standards A3 Electrical & Mechanical Services Department Ms NG Yuk-wa, Alice Engineer/Gas Standards A3/2 Electrical & Mechanical Services Department Acting Division Officer (Hong Kong Central) Fire Services Department Station Commander Sheung Wan Fire Station Fire Services Department Senior Engineer/HK 2 Water Supplies Department Engineer/HK (Distribution 2) Mr LAU Siu-kwong Mr CHAN To-cheung Mr HO Lai-wa Mr WONG Lap-chi Ms TSANG Wai-wah Mr YIU Siu-keung Water Supplies Department Senior Engineer/CW Drainage Services Department Senior Telecommunications Engineer (Regulatory 12) Office of the Communications Authority Item 13 Mr Timothy David LEAR Mr Finnegan Meiji LEUNG Ms LAW Lai-ming Mr KAN Kai-yan Mr CHING Chi-yan, Billy Item 14 Mr CHAN Nap-sang, Nelson Ms CHAN Chin-woon, Cynthia Mr KAN Kai-yan Mr CHING Chi-yan, Billy Mr LAU Siu-kwong Mr CHAN To-cheung Dr S H TSUI Ms Connie CHOW Mr WONG Kai Executive Director (Operations), Competition Commission Manager (Competition Affairs), Competition Commission Officer (Public Affairs), Competition Commission District Commander (Western), Hong Kong Police Force Police Community Relations Officer (Western District), Hong Kong Police Force Chief Transport Officer / Hong Kong, Transport Department Chief School Development Officer (CW&S), Education Bureau District Commander (Western), Hong Kong Police Force Police Community Relations Officer (Western District), Hong Kong Police Force Acting Division Officer (Hong Kong Central), Fire Services Department Station Commander Sheung Wan Fire Station, Fire Services Department Deputy Hospital Chief Executive II , Queen Mary Hospital Hospital Authority Community Relations Officer(Secretariat, Community & Public Relations Article), Queen Mary Hospital , Hospital Authority Representative of street traders in Central District (Chairman, Association of Street Traders in Li Yuen Street -3- East and Li Yuen Street West) Mr CHOI King-wo Mr LI Sai-cheung In Attendance: Mr KAN Kai-yan Mr CHING Chi-yan, Billy Mr MAK Chi-biu Mr LING Wing-cheong Mr WONG Tat-ming, Richard Mr CHAN Nap-sang, Nelson Miss CHOW Ho-kiu, Cheryl, JP Mr CHAN Yun-man, Winston Miss YU Yan-yan, Rosanna Mr CHAN Shing-fung Secretary Ms WONG Ming-wai Chairman, Parent-Teacher Association of Central and Western District Resident at Mid-Levels District Commander (Western), Hong Kong Police Force Police Community Relations Officer (Western District), Hong Kong Police Force Civil Engineering and Development Department Acting Dist Env Hygiene Supt(Central/Western), Food and Environmental Hygiene Department Chief Leisure Manager (Hong Kong West), Leisure and Cultural Services Department Chief Transport Officer/Hong Kong, Transport Department District Officer (Central and Western) Assistant District Officer (Central and Western) Senior Executive Officer (District Management), Central and Western District Office Executive Officer I (C&WDC), Central and Western District Office Senior Executive Officer (C&WDC), Central and Western District Office Absent with Apologies Mr CHAN Ho-lim, Joseph Opening Remarks (Before the Chairman gave his opening remarks, Members unanimously requested Mr HUI Chi-fung to order the security guards hired by him to leave the meeting place and stay at the public gallery, but the request was refused. The meeting was thus delayed and started only around 3:15 pm.) The Chairman welcomed guests and Members to the 16th meeting of the Central and Western District Council (C&WDC). He welcomed Mr LING Wing-cheong, Acting District Environmental Hygiene Superintendent (Central/Western) of the Food and Environmental Hygiene Department (FEHD), and Mr KAN Kai-yan, Deputy District Commander (Western), Hong Kong Police Force (HKPF), who attended the meeting for Mr YIP Ming-bor and Chief Superintendent Mr Wise CHOI respectively. He also welcomed Miss Rosanna YU, Senior Executive Officer (District Management) of the Central and Western District Office (C&WDO) who succeeded Ms YEUNG Lai-ching and attended the meeting for the first time. The Chairman said that the Secretariat received Mr Joseph CHAN’s notification of absence due to sickness and his medical certificate before the meeting. The Chairman 2. -4- indicated that, according to Article 49 of the “Central and Western District Council Standing Orders” (Standing Orders), the C&WDC would only give consent to notifications of absence submitted on the grounds of sickness or attendance at another meeting or an activity on its behalf. The Chairman asked Members to give consent to Mr CHAN’s application for absence, and no objection was raised by Members. Item 1: Adoption of the agenda (3:15 pm – 3:30 pm) The Chairman said that the “Occupy Central” movement (the Movement) was ever-developing on recent days. Before this meeting, the Secretariat of the C&WDC received a few papers submitted by Members regarding the Movement. They included a paper “Problems arising out of the ‘Occupy Central’ movement” (i.e. C&WDC Paper No. 118/2014 which was included in the agenda already), and another one submitted by Mr HUI Chi-fung in the afternoon of 15 October 2014 titling “Strong condemnation of the Police for abuse of force and request for launching criminal investigation about the incident”. As the subject matters of both papers were about unexpected incidents related to the Movement, the Chairman suggested that Mr HUI’s paper be included under Item 14 in the agenda so that the papers concerning the Movement would be discussed altogether. However, in his response given to the Chairman about the aforesaid arrangement in the morning of 16 October 2014, Mr HUI objected to the placing of his paper under the same discussion item of another paper which was anti-Movement by nature, expressing his deep regret about this and withdrawing his paper. The Chairman reiterated that he had already agreed to include Mr HUI’s paper in the agenda, which would be discussed with another paper about the Movement under the same item. In the afternoon of 16 October 2014, the Chairman received another paper “Strong request for rigorous enforcement of law to restore social order” (i.e. C&WDC Paper No. 119/2014) submitted by five Members including Mr IP Kwok-him. As the paper was also related to the Movement, he included it in Item 14 for discussion at his discretion so that Paper Nos. 118/2014 and 119/2014 would be discussed at the same time. 3. Mr HUI Chi-fung raised point of order. Firstly, there were new developments for the Movement every day, but the Chairman only approved to include anti-Movement papers in the agenda. The two papers proposed by him, namely, “Striving for democracy by means of Civil Disobedience, Objection to use of tear gas grenades against students by the Government, Protest against blockage of true universal suffrage by the Standing Committee of the National People’s Congress” and “Strong condemnation of the Police for abuse of force and request for launching criminal investigation about the incident”, were not allowed to form a separate item for discussion. Secondly, he said that the Chairman had adjourned the discussion of his paper and the related motion on “June 4th Incident” during the C&WDC meeting held on 29 May 2014. Subsequently, the Chairman once again refused to include the aforesaid paper re-submitted in the agenda during the C&WDC meeting held on on 17 July 2014, and even instructed the staff to take him away from the meeting place forcefully. Mr HUI had informed the Secretariat of his insistence of striving for including the paper on June 4th Incident in this agenda, and for including the paper about condemnation of the Police for abuse of power as a separate item for discussion. He explained that if the C&WDC allowed discussion on his papers during meeting, it would be self-explanatory to the public and media that Members of dissenting political views were free to discuss and vote despite difference in ideology. Therefore he requested the Chairman to include his papers for discussion. 4. 5. The Chairman explained that he grouped all Movement-related papers submitted by -5- different Members in one item for discussion because all new developments were originated from the same Movement. He reminded that it was Mr HUI Chi-fung who decided to withdraw his paper and motion about civil disobedience. Mr HUI did so while the Chairman was still considering how to deal with Mr HUI’s submission. Mr HUI Chi-fung refuted that the Chairman purposefully include his papers under an item containing other “anti-Movement” papers for preventing discussion of the subject matter of his proposals. 6. The Chairman asked Mr HUI Chi-fung not to mislead the public. According to Article 6(5) of the Standing Orders, the Chairman was responsible to “approve the agenda for a meeting of the Council”. As the developments were arising from the Movement, he put all relevant papers even representing divergent views under one agenda item for easy discussion (e.g. papers requesting for reopening of roads for restoration of smooth traffic and for investigating abuse of power during law enforcement by the Police, etc.). Neither did he reject Mr HUI’s paper for discussion. 7. In response to Mr HUI Chi-fung’s enquiry of the reason why his paper on June 4th Incident was not included in the agenda, the Chairman explained that he had repeatedly stated his standpoint and basis of decision-making in this matter during the C&WDC meetings held in May and July 2015, which were put on record. The voting result to adjourn discussion also revealed the opinion of most Members in that Mr HUI’s proposed item did not comply with the statutory functions of the C&WDC. He thus would not include the item for discussion again. According to Article 13(3) of the Standing Orders, “Members of the Council shall not at the meeting of the Council discuss any item that was not included in the agenda.” The Chairman recommended that the meeting should start discussion according to the agenda. 8. Mr Sidney LEE opined that, in terms of discussion, it was indifferent to discuss two papers under one item or two separate items during meeting because Members could still express their views on the papers freely in either case. Grouping papers of the same subject matter in one item would result in better time management and more efficient proceedings. Seeing that it was indifferent between both kinds of item arrangement and the Chairman would not prohibit Members from expressing their views, it was unnecessary to discuss papers in separate items. 9. Mr CHAN Chit-kwai pointed out that discussion of two papers in one item might proceed in two ways. Firstly, each of the two papers might contain its own motion(s) for voting. Secondly, only the paper proposed earlier might contain motion(s) for voting, whereas the remaining one would be presented as its attachment without motion for voting. As the Chairman had told him that the first approach would be adopted, so whether the papers were discussed in separate items would be of no difference. 10. The Chairman reiterated that Members should not mislead the public because it was not improper to discuss two papers about the Movement in one item. 11. Mr HUI Chi-fung clarified that it was unreasonable to include papers holding opposite views under one discussion item because one paper was against abuse of power by the Police but the other was against the Movement itself. 12. -6- The Chairman reminded that Mr HUI Chi-fung had withdrawn his paper which would not receive discussion in this meeting. 13. Mr HUI Chi-fung reiterated that it was unreasonable to put papers of different nature in one item for discussion, and queried if the Chairman had abused his power by repeatedly prohibiting discussion on the paper about June 4 incident in some meetings and impeding Members of dissenting parties to express their views. 14. The Chairman responded that he decided to adjourn the discussion on the paper about June 4th Incident according to the resolution of most Members as reflected in the voting result. This item would not be discussed further in this meeting because it was not an item in the agenda. As the justifications to adjourn discussion were explained for many times during the meetings held in May and July 2014, they would not be repeated unnecessarily here. 15. Mr HUI Chi-fung stressed that the June 4th Incident was an issue that had to be faced squarely without any excuse to avoid. Otherwise, he would continue to strive for discussion of this topic in the meetings to come, and considered that this issue demanded a solution. 16. The Chairman explained that the issue was solved already because a Member moved a motion to adjourn the debate, which was consequently endorsed by Members through voting, during the meeting. 17. Mr HUI Chi-fung opined that the Chairman was suspicious of prohibiting Members from dissenting political parties from debating and voting. 18. The Vice-chairman reminded that Members had to observe the Standing Orders. In fact, adjournment of debate was not a proceeding unique to District Council meetings, and pan-democratic Members of the Legislative Council often exercised this power during meetings. As adjournment of debate was something permitted by the Standing Orders and Members had to conduct meetings according to established stipulations of the Standing Orders, procedural justice was thus satisfied. He also reminded that the proceedings were developed collectively and that no individual Members were entitled to alter them at will. 19. 20. The Chairman wanted to start the meeting. Mr HUI Chi-fung requested the Chairman once again not to obstruct dissident Members from proposing papers for discussion and voting. 21. Mr Sidney LEE wondered if the paper on June 4th Incident as mentioned by Mr HUI Chi-fung paper was the one proposed on 29 May 2014. If yes, he pointed out that most Members considered the subject matter of the paper was irrelevant to the functions of the C&WDC and endorsed through voting to adjourn its debate. All Members were aware of and agree to the voting result then, and the adjournment had nothing to do with difference in political ideologies. He asked whether Members were allowed to propose papers for discussion abruptly during meeting. If yes, he also wanted to immediately present some papers prepared beforehand for discussion in this meeting. 22. 23. The Chairman explained that only papers submitted by Members before the meeting -7- might be included in the agenda for discussion. Mr HUI Chi-fung said that his paper on June 4 incident was proposed in March 2014 for discussion in the meeting held in May 2014. He asked why some papers proposed after the submission deadline could still be included in the agenda. 24. The Chairman reminded that the C&WDC meeting was not a platform for pursuit of personal ideals through persistence disregarding the well-being of the public. As explained previously, the subject matter of Mr HUI’s paper was outside the statutory functions of the C&WDC and was not suitable for discussion during meeting. Members had freely expressed their personal views about this. 25. Mr HUI Chi-fung asked why papers on “anti-Movement” submitted by Members holding the same political ideologies with the Chairman were included for discussion for as many as three times. 26. The Chairman explained that the “Movement” was a problem occurring in the Central and Western (C&W) District. As it had seriously affected the livelihood of the public, the C&WDC had to hold discussions for addressing the public aspirations. He said that the public and Members respected the aspirations of participants of the Movement but requested them to re-open the blocked roads for restoration of normal traffic. 27. Mr HUI Chi-fung contrarily requested the Chairman to open up a channel to discussion for Members holding dissenting political views. 28. Mr Sidney LEE clarified that discussions on the Movement were held in a meeting of the Traffic and Transport Committee under the chairmanship of Ms CHENG Lai-king, and in a meeting of the Food, Environment, Hygiene and Works Committee under his chairmanship. Discussions on the subject matter was not held for three times in the C&WDC meetings as mentioned by Mr HUI. 29. Mr HUI Chi-fung repeatedly asked why pro-establishment Members did not allow Members of dissenting political views to propose papers for discussion. 30. Mr Sidney LEE responded that Mr HUI Chi-fung’s paper had actually been included in the agenda, but it was Mr HUI himself who withdrew it. 31. The Chairman reiterated that, according to Article 13(3) of the Standing Orders, “Members of the Council shall not at the meeting of the Council discuss any item that was not included in the agenda.” He then asked Members whether they had comments on or would adopt the agenda. 32. Members had no comments in the agenda, so the Chairman declared the adoption of the agenda 33. Mr HUI Chi-fung hoped that his paper which was rejected for inclusion in the agenda could be discussed in this meeting, and that the Chairman would respond to point of order. 34. -8- The Chairman launched the discussion on Item 2(i) in the agenda regarding the MTR projects. When the Chairman was speaking, Mr HUI Chi-fung continued requesting the Chairman to respond to point of order. 35. The Chairman replied that the point of order concerned had been settled and asked Mr HUI Chi-fung not to disrupt the conduct of the meeting anymore. 36. The Chairman repeatedly asked Mr HUI Chi-fung to cease speaking when the meeting was in progress because Mr HUI was not permitted to do so. The Chairman explained that the point of order concerned by Mr HUI was actually settled in the last two meetings. As Mr HUI’s proposal was neither an item of this agenda nor a subject matter related to the statutory functions of the C&WDC, the Chairman asked him not to disrupt the conduct of the meeting anymore. 37. Mr HUI Chi-fung insisted that the Chairman had to deal with the concerned point of order before the meeting could proceed. 38. 39. The Chairman reiterated that the point of order concerned was dealt with already. When Mr Michael LEUNG, representative of the MTR Corporation Limited (MTRCL), was giving his presentation, Mr HUI Chi-fung kept on requesting the Chairman to respond to point of order. 40. The Chairman asked Mr HUI Chi-fung to stop disrupting the conduct of the meeting with his unauthorised speech, but Mr HUI continued repeating his aforesaid aspirations. The Chairman told Mr HUI that he might seek judicial review if he disagreed to the ruling. 41. When the guest was speaking, Mr HUI Chi-fung kept on requesting the Chairman to respond to the point of order concerned. 42. The Chairman said that he had requested Mr HUI Chi-fung not to disrupt the normal conduct of the meeting again and again, and that he might ask him to leave the place of meeting if the disruption continued. As Mr HUI continued repeating his aforesaid aspiration, the Chairman advised Mr HUI again that he might seek judicial review if he disagreed to the ruling but should not disrupt the conduct of the meeting. 43. Mr HUI Chi-fung requested the Chairman to include the aforesaid paper submitted by him for discussion and make use of his power properly. 44. The Vice-chairman reminded that Members were obliged to make good use of the meeting time. 45. The Chairman said that, during the C&WDC meetings held on 29 May and 17 July 2014, he had explained that the paper submitted by Mr HUI Chi-fung about the “June 4th Incident” did not comply with the statutory functions of the C&WDC. On 29 May 2015, the C&WDC endorsed to adjourn the discussion on the paper and the related motion about “June 4th Incident” in accordance with Article 24 of the Standing Orders. The voting result clearly indicated that the majority of the C&WDC queried and worried about the compatibility of the 46. -9- proposed item to the functions of the C&WDC. For this reason, the paper and motion concerned would not be discussed further. He asked Mr HUI to be cooperative without disrupting the normal conduct of the meeting. 47. When the guest was giving his presentation, Mr HUI Chi-fung continued repeating his request. The Chairman reiterated his position stated earlier, that is, during the C&WDC meetings held on 29 May and 17 July 2014, he had explained that the paper submitted by Mr HUI Chi-fung about the “June 4th Incident” did not comply with the statutory functions of the C&WDC. On 29 May 2014, the C&WDC endorsed to adjourn the discussion on the paper and the related motion about “June 4th Incident” in accordance with Article 24 of the Standing Orders. The voting result clearly indicated that the majority of the C&WDC queried and worried about the compatibility of the proposed item to the functions of the C&WDC. For this reason, the paper and motion concerned would not be discussed further. He asked Mr HUI to be cooperative without disrupting the normal conduct of the meeting. 48. Mr HUI Chi-fung opined that the Chairman should not in his capacity define the paper submitted as being imcompatible to the C&WDC functions and should not prevent Members holding dissenting political views from proposing papers for discussion. 49. The Chairman advised Mr HUI Chi-fung repeatedly that he might seek judicial review if he disagreed to the ruling. 50. Mr HUI Chi-fung called on the Chairman to cease abusing his power. Although he hoped that the meeting would proceed normally, he had to insist on his aspirations because he had to give an account of the case to the public in that an item proposed by a Member of democratic parties. Was rejected. 51. The Vice-chairman said that Members of both the pro-establishment parties and pan-democratic parties had been working together in accordance with the Standing Orders despite their difference in political ideologies, and that Members from whatever parties had never acted wilfully and stubbornly in their own way before. 52. 53. Mr Sidney LEE requested to proceed the meeting according to the agenda. Standing items Item 2: (i) Progress of the MTR West Island Line Project – progress of the construction works of the West Island Line (C&W DC Paper No. 100/2014) (3:30 pm – 4:10 pm) The Chairman welcomed the representatives of the MTRCL, TD, Highways Department (HyD) and the Leisure and Cultural Services Department (LCSD) to the meeting. 54. 55. Mr HUI Chi-fung requested the Chairman to deal with the point of order he just raised. - 10 - The Chairman said that the problem was solved already, and asked Mr HUI Chi-fung to stop his unauthorised speaking lest the meeting should be disrupted. He reiterated that Mr HUI Chi-fung’s proposal was not an item in the agenda. 56. Mr Michael LEUNG, Senior Liaison Engineer of the MTRCL, gave his Powerpoint presentation on the latest progress of the project. Regarding the Sai Ying Pun (SYP) Station, the electrical and mechanical engineering (E&M) works were in progress, and the installation of building equipment of the concourse was completed. Regarding the Hong Kong University (HKU) Station, the E&M works were substantially completed, and statutory tests underway. The structural construction works of the flyover connecting the HKU Centennial Campus and the entrance at Pokfulam Road was completed with decoration and E&M works in progress. Upon completion of the statutory tests, the Kennedy Town (KT) Station was handed over to the Operations Department for preparatory works for commissioning. The re-provisioning works of the public toilets and recreational facilities near the station entrance at Forbes Street were substantially completed, and progress of the construction works of the drop-off area of green minibus (GMB) and greening area near the station entrance at the former KT Swimming Pool was satisfactory. The re-provisioning works of the KT Swimming Pool (Phase II) at Shing Sai Road was commenced in September 2014, and the top of the swimming pool would be constructed with translucent PTFE materials resulting in better thermal and sound insulation. The works was expected to complete in the fourth quarter of 2016. In conclusion, some 97% of the overall project had been completed and it was expected that the WIL would commence service in December 2014. 57. Mr WONG Wai-ming of the MTRCL briefed Members on the preparatory works before commencement of operation. To tie in with the service commencement of the WIL scheduled by the end of 2014, the MTRCL had conducted repeated tests on the systems and facilities of the stations. The KT Station was cited as an example for illustration. Tests on platform screen doors were carried out for 200 000 times, and that on turnstiles and ticket machines would be conducted for 130 000 times altogether as required. Other kinds of tests were in progress, ensuring that all systems functioned properly in the actual environment of all MTR stations. Meanwhile, the operations teams of the KT Station had started working and conducted a series of simulated exercises, familiarising the staff with the facilities and operations of the station for dealing with the possible situations that might arise during operation. 58. Mr Kenrick KO, Project Communications Manager of the MTRCL, said that the MTRCL collaborated with the Hong Kong Arts Centre to produce three short films by three young directors on the theme “Community”. They described the unique features of the C&W District, the close human relationship among local residents, and expectations for the new railway by the local community. These three films would be played in about 50 MTR stations and on MTR trains running the Ma On Shan Line, East Rail Line, West Rail Line and Kwun Tong Line. The MTRCL planned to recruit more station assistants to help passengers use the facilities and services of the MTR stations. A recruitment exercise would be held in Kennedy Town Community Complex on 25 October 2014, and the relevant information sent to Members in due course to help promote the activity. Regarding the arrangement about service commencement of the WIL, the MTRCL might need a few more weeks for preparation and was expected to announce the operations arrangements in early November 2014, including the final decision on whether the backup plan (i.e. commissioning of the WIL without opening the SYP Station temporarily) was to be implemented, and fare scheme. 59. - 11 - The Chairman invited Members to give comments. comments were as follows: 60. The main points of their (a) Mr Sidney LEE requested the MTRCL to provide residents in the vicinity of the SYP Station with concessionary or compensation scheme (e.g. provision of shuttle bus service or concessionary fare for passengers) if the backup plan with non-stopping of trains at SYP Station was to be implemented. (b) Mr WONG Kin-shing enquired of the commissioning arrangements of the WIL. If the backup plan with non-stopping of trains at SYP Station was adopted, he requested the MTRCL to introduce concessionary initiatives and feeder bus service to residents in SYP, encouraging them to use MTR service at Sheung Wan Station or HKU station. He also suggested that more “MTR Fare Savers” be installed near the three MTR stations along the WIL to attract more users. (c) Mr CHEUNG Kwok-kwan asked about the commissioning arrangements of the WIL and whether the KT Station could commence operation on schedule. (d) Dr Malcolm LAM asked about the fare scheme of the WIL after commencing service. He recommended the Administration to provide fare concessions to residents in SYP in case the backup plan with non-stopping at one station was to implement. (e) Miss LO Yee-hang opined that the MTRCL should announce the arrangements about cmmissioning of the WIL and the compensatory measures for non-stopping at one station as soon as possible. She said that the Movement recently had adversely affected the road traffic and MTR service thus became more important to local residents. She hoped that the WIL would commence operation as early as practicable in order to alleviate the traffic problem in the district. (f) Mr CHAN Choi-hi asked why the MTRCL would announce the commissioning arrangements of the WIL only in early November 2014. (g) Mr CHAN Chit-kwai agreed that residents in SYP should be compensated if the backup plan of non-stopping at one station was to be adopted. (h) Ms CHENG Lai-king asked about the fare scheme of the WIL after commencing service. She also suggested that more signs be installed inside Sheung Wan Station, indicating to the public that entrance E was inaccessible from other entrances of the same station. (i) The Vice-chairman said that the Movement had resulted in undesirable road traffic, making the KT area like an isolated island. Apart from requesting for early commissioning of the WIL to alleviate the traffic problem in Western District, he asked the Administration to reopen the re-provisioned open space, traffic interchange and crossing facilities as soon as possible. He also recommended the Administration to open the stations to the public for familiarisation with the facilities therein prior to service commencement of the WIL. - 12 - Mr Kenrick KO of the MTRCL responded that the tagetted commissioning date of the WIL was still December 2014. The passenger fare structure of the WIL would be formulated according to the existing MTR fare adjustment mechanism. The MTRCL would announce various arrangements about commissioning, backup plan and fare structure of the WIL, etc. in early November 2014. The MTRCL had been reviewing the arrangements of signs in all MTR stations from time to time for improvement including provision of additional signs and amplification of font size of words on signs to facilitate use by passengers. Members’ views in this respect would be reflected to the responsible unit of the MTRCL for consideration. He disclosed that the Administration would organise open days prior to commissioning of the WIL so that the public might get familiarised with the new stations and the related facilities. Details about open days would be announced in due course. 61. Mr Michael LEUNG of the MTRCL responded that the MTRCL had negotiated with the departments concerned regarding the reopening arrangement of open space at KT Station. As the final stage of site formation was underway, it was expected that the completed reprovisioning works would be formally handed over to the departments concerned prior to commencement of operation of the station. He also expected that the projects at Smithfield and North Street could be completed in December 2014, and the related road facilities would be reopen gradually. 62. The Chairman thanked the representatives of the MTRCL and departments concerned for attending the meeting. 63. When Members were speaking, Mr HUI Chi-fung repeated requesting the Chairman to deal with his point of order raised earlier. 64. Discussion item Item 3: Tree planting as compensation for losses caused by the MTR West Island Line Project and greening of MTR stations (C&W DC Paper No. 101/2014) (4:10 pm – 4:20 pm) 65. The Chairman welcomed the representatives of the MTRCL to the meeting. Mr HUI Chi-fung once again requested the Chairman to deal with the point of order raised by him. 66. The Chairman reiterated that Mr HUI Chi-fung’s problem was settled already and asked him to stop speaking without permission and not to disrupt the conduct of meeting. He said that the subject matter proposed by Mr HUI was incompatible to the statutory functions of the C&WDC and therefore would not be discussed at the meeting. He asked Mr HUI not to be persistent in the same problem and it would interrupt the operation of the C&WDC. 67. Mr Michael LEUNG, Senior Liaison Engineer of the MTRCL, reported that there were altogether more than 840 trees in the district affected by the WIL project. Among them, 357 were to be removed, 86 transplanted, and 400 conserved within the construction sites. 68. - 13 - Upon completion of the project, the MTRCL would plant 465 trees in the district as compensation. Rooftop or vertical greening would also be implemented at 8 out of the 15 station entrances of the WIL and the related facilities, and such designs were briefed to Members in the previous C&WDC meetings. The Chairman invited Members to give comments. comments were as follows: 69. The main points of their (a) Mr Sidney LEE asked when the re-provisioning of the occupied sites in the district would be completed and re-open for use by the public. (b) Mr CHAN Chit-kwai hoped that the MTRCL could complete the greening of MTR stations before they commenced operation. Mr Michael LEUNG of the MTRCL responded that about 12 sites of open space were occupied as works sites of the WIL project in the district. As re-provisioning works of some sites were completed, the MTRCL was currently negotiating with the LCSD on arrangements about returning these sites. Among them, part of the open space at the KT Station could be returned to the LCSD by the end of November 2014, and the remaining sites of open space would also be returned one after another since the end of this year. Besides, rooftop or vertical greening would take place at 8 station entrances and the related facilities under the WIL project. 70. 71. The Chairman thanked the representatives of the MTRCL for attending the meeting. Standing items Item 4: (ii) Conserving Central (C&W DC Paper No. 102/2014) (4:20 pm – 4:35 pm) The Chairman welcomed the representatives of the Development Bureau (DEVB) and Transport Department (TD) to the meeting. 72. Mr Ricky WONG, Chief Assistant Secretary (Works) 2 of the DEVB, reported on the latest progress of all the projects regarding Conserving Central: 73. (a) The revitalisation works of the Central Police Station (CPS) Compound was expected to complete in 2015. After that, all operators would proceed to internal decoration and application for related licences, and the CPS Compound was expected to open to the public in 2016. (b) The PMQ had so far attracted 1 521 000 visitors since its opening in April 2014. (c) The proposed development at Hong Kong Sheng Kung Hui (HKSKH)’s Compound was currently under revision by the HKSKH including the study of a private hospital re-development at the site. The HKSKH was preparing a more specific proposal, and would consult the bureaux and departments concerned - 14 - afterwards. When a more specific proposal was available, the Administration and HKSKH would consult the C&WDC again. (d) It was expected that the Former French Mission Building would be available for adaptive re-use in 2015 after relocation of the Court of Final Appeal to the old Supreme Court building at No. 8 Jackson Road, Central. The Department of Justice (DoJ) and departments concerned had launched the preparatory works for renovation of the building. The DoJ would brief the C&WDC on the detailed arrangements and works when available. (e) The renovation works of the East and Main Wings of the Former Central Government Offices Complex was commenced in July 2013 and was expected to complete in the first quarter of 2015. Follow-up actions on other related projects were being taken proactively by the departments concerned. The technical feasibility study regarding the required works for relocating the office of the DoJ to the West Wing had been completed, and preparation of the preliminary works by the departments concerned was underway. The project was scheduled for completion by the end of 2017. (f) The tender regarding the redevelopment project of the Murray Building to a hotel was successfully awarded in November 2013, and the developer had subsequently submitted the master layout plan compatible to land lease and report of traffic impact assessment to the Government in September 2014. When Members were speaking, Mr HUI Chi-fung repeatedly requested the Chairman to deal with his point of order raised and cancel the arrangement of stationing security guards inside the conference room. 74. 75. The Chairman reiterated that he had already dealt with the problem raised by Mr HUI Chi-fung. Mr CHAN Chit-kwai requested the Chairman to ask Mr HUI Chi-fung to leave the conference room. 76. Mr Larry CHU, Assistant Secretary (Harbour)1 of the DEVB, reported that the Administration planned to develop Sites 1 and 2 of the New Central Harbourfront into a distinct civic node and mixed use precinct. However, the proposed development could be materialised progressively only after the completion of the Central-Wan Chai Bypass. The Harbourfront Commission (HC) and DEVB jointly launched the three-month Phase II Public Engagement Exercise for the proposed establishment of a Harbourfront Authority (HFA) on 25 September 2014 to gauge public views on the proposed details. It was recommended that Sites 1 and 2 of the New Central Harbourfront might be allocated to the HFA. The DEVB and HC would consult the C&WDC about this 77. The Chairman invited Members to give comments. comments were as follows: 78. The main points of their (a) Mr CHAN Chit-kwai was concerned about the charges of catering service to be provided in the CPS Compound. He also enquired of the arrangements regarding the development of a private hospital at the site of HKSKH’s Compound and - 15 - requested the Administration to set the charges for provision of medical services as low as possible. He asked which developer was awarded with the tender for the revitalisation project of the Murray Building, and when the revitalisation works would commence. (b) Ms CHENG Lai-king opined that the CPS Compound possessed relics belonging to the people, and hoped that all members of the public might enter the redevelopment after its opening and use the facilities there. She also urged the government departments to provide detailed information on the revitalisation project of the HKSKH’s Compound. 79. Mr Ricky WONG gave a consolidated response as follows: (a) The DEVB would reflect Members’ concern over charges of catering service in the CPS Compound to the Hong Kong Jockey Club (Jockey Club), which would brief members during meeting of the working group concerned on the operational details including catering service and service facilities for transportation after opening of the project. The two major public areas in the CPS Compound, that is, the Parade Ground and Prison Playground, would be open to the public for free. (b) The tender regarding the revitalisation project of Murray Building was awarded to Wheelock & Co. The developer had launched the works which, according to the land lease, had to be completed by the end of December 2018. Miss Leonie LEE, Assistant Secretary (Heritage Conservation)3 of the DEVB, said that details regarding the proposed redevelopment to a private hospital at the site of the HKSKH’s Compound including design, charges and operational pattern, etc. were under revision by the HKSKH. The HKSKH would consult the C&WDC again after finalisation of details. The DEVB planned to stipulate in the land lease to be revised that medical or nursery services to be operated in the HKSKH’s Compound had to be non-profit-making by nature. The DEVB would also negotiate with the HKSKH to open the public space therein for public use as far as possible. 80. When Members were speaking, Mr HUI Chi-fung continued requesting the Chairman to deal with his point of order raised. 81. The Chairman reiterated that, during the last two C&WDC meetings, most Members opined that the Mr HUI Chi-fung’s proposal on “June 4th Incident” was incompatible with the functions of C&WDC as stated in the District Councils Ordinance. The C&WDC also endorsed a motion regarding adjournment of debate on Mr HIU Chi-fung’s proposal according to Article 24 of the Standing Orders. He warned Mr HUI Chi-fung once again, asking him to stop speaking without permission. 82. 83. The Chairman thanked the representatives of the DEVB for attending the meeting. Item 4: (iii) Report on the projects under the Urban Renewal Authority in the Central & Western District (C&W DC Paper No. 103/2014) (4:35 pm – 5:05 pm) - 16 - The Chairman welcomed the representatives of the Urban Renewal Authority (URA) to the meeting. 84. 85. Mr HUI Chi-fung requested the Chairman again to deal with his point of order raised. The Chairman opined that the subject matter raised by Mr HUI Chi-fung was not a point of order and that the problem he raised was handled already. He asked Mr HUI to stop speaking without permission. 86. 87. Mr Wilfred AU, Deputy Chief Manager (Planning and Design) of the URA, reported that: (a) On 12 August 2014, the Building Authority had approved the general building plans submitted by the URA for revitalisation of the market building under the project of Central Oasis. The URA was also in negotiation with the government on land grant for the project. (b) Regarding the Development Scheme H18 at Peel Street/Graham Street (Project H18), a three-week promotional activity called “Graham Market Place” was launched on 3 September 2014, attracting the participation of around 70 hawkers and shop operators in Graham Market. During the event, the participants distributed 6 kinds of souvenirs about Graham Markets and coupons to customers. Most of the participants opined that the promotional event successfully resulted in increased consumption by consumers and half of them even thought that the turnover was actually benefited. (c) The preparatory work for foundation works of Site B under Project H18 including preparation of pile testing had been launched, but the actual schedule to test pile depended on the processing of the Buildings Department (BD). After obtaining further information from the developer subsequent to full implementation of foundation works, the URA would update the C&WDC again about the works progress of Site B. The 17 non-fresh food shops currently operating in Sites A and C would move out by the end of March 2015 out of their own accord while the eleven fresh food shops having participated in the “Local Shops Arrangement Fresh Food Shops Arrangement” (FFS Arrangement) would continue operating in Sites A and C and carry on the business at the fresh food retail block at Site B upon its completion in a seamless manner. Having obtained the support of the C&WDO, a multi-purpose activities hall with a maximum capacity of 450 people would be developed in Site A, which would be managed by the URA. It was suggested that a “Multi-purpose Activities Hall Management Community Advisory Committee” comprising Members of the C&WDC be formed in future for advising and assisting the URA in the general management of the hall. Applications for permanent closure of road and for construction of a proposed overhead footbridge would be gazetted in October 2014, and the Lands Department (LD) would subsequently conduct a public consultation according to established procedures. (d) The beautification works of the Cochrane Street Sitting-out Area, which included beautification of road and erection of art installation describing the history in the vicinity of Cochrane Street, commenced in mid-September 2014. To reduce the - 17 - impact on pedestrians during implementation of works, the beautification works would be carried out in two phases and the first one was expected to complete by the end of 2014. (e) The rehabilitation works for properties acquired by the URA at No. 3 and 12 Wing Lee Street were almost completed. The URA accepted to implement the service proposals of “Evangelical Lutheran Church of Hong Kong” and “Light Be Light Home” at the said sites which aimed to provide accommodation for youth receiving employment training and families having difficulty in finding residence respectively. Both projects would be operated for two years and were expected to commence service in the fourth quarter of 2014. (f) The URA had submitted an application to the LandsD for two-year extension for the operation of the Western Market to settle the issues regarding its operation and tenancy of cloth traders operating there. The URA would meet the shop operators regularly to understand their problems of operation. In addition, the management company of Western Market planned to organise an exhibition in Western Market about the development of cloth industry in Hong Kong by the end of 2014 and, under the assistance of Mr CHENG Po-hung, the early history of cloth industry in Hong Kong would be staged. The Chairman invited Members to give comments. comments were as follows: 88. The main points of their (a) Ms CHENG Lai-king considered that the historic building at No. 118, Wellington Street should be preserved as far as possible. If preservation of the whoile building was infeasible, the Administration should strive for placing the terrazzo sign of Nam Wah Ink Company in the open space of Project H18 to provide more information about the history of the century-old street market in Graham Street. She enquired the URA whether it would continue operating the Western Market in future, and how it would solve the problem of water leakage at the roof of the building. (b) Mr CHAN Chit-kwai agreed that the historic building at No. 118, Wellington Street should be preserved for staging exhibition about the history of printing industry in Hong Kong. If preservation was inviable, the Administration should try to keep the sign of “Nam Wah Ink Company” for exhibition in Hong Kong. Regarding the development of Western Market, he recommended the URA to explore the feasibility of connecting the Western Market and its adjacent footbridge. He commended the URA for its maintenance and refurbishment of more properties in Wing Lee Street, but pointed out that it would be unfavourable to conserve historic buildings without full utilisation of these monuments. (c) Mr MAN Chi-wah said that the 17 non-fresh food shop operators in Sites A and C under Project H18 were required to move out on or before 31 March 2015. As he worried that some of them might not follow the relocation schedule, he requested the URA to formulate contingency plans early in case of delayed removal of some tenants. He suggested that the Administation might charge such tenants market rents in order to reduce their incentive of not moving out. He had reservation on the preservation of the historic building at No. 118, - 18 - Wellington Street because it would be difficult to support the single building securely after demolition of its adjacent buildings. He opined that it would be sufficient to keep the sign of Nam Wah Ink Company the historical value of which was still debatable. When Members were speaking, Mr HUI Chi-fung repeatedly requested the Chairman to deal with his point of order raised, and queried whether the Chairman had defined the compatibility of his proposal to the functions of the C&WDC according to his personal liking. 89. The Chairman opined that Mr HUI Chi-fung’s raised issue was not a point of order but was still dealt with already. He also opined that Mr HUI Chi-fung’s persistence had disrupted the proceedings and hindered Members and the public from understanding the latest development of the district. 90. Mr Michael MA, Director, Planning and Design of the URA, gave a consolidated response as follows: 91. (a) Regarding the building at No. 118 Wellington Street, the Antiquities Advisory Board (AAB) proposed to define it as a Grade-3 historic building. As the main structure of this building was made of wood, it would be difficult to support the building after demolition of its adjacent buildings. In addition, as the descendants of calligrapher Mr SO Sai-kit were having discussion with the person-in-charge of Nam Wah Ink Company for taking the sign of the ink company back for exhibition in Guangzhou, and an agreement was yet to reach. If the sign was to be kept in Hong Kong finally, the URA would be more than happy to discuss with the C&WDC about incorporating the sign into the design of public open space under Project H18. (b) Regarding the maintenance of Western Market, the URA would carry out minor repair works during the effective period of the current contract. As the long-term solution to the problem of water leakage involved in implementation of a large-scale maintenance works at the whole top floor of the building, it could not be done within the next two years when the operation contract was still in force. Moreover, the Antiquities and Monuments Office (AMO) would not approve to demolish the external wall of the Western Market, which was a historic building, for provision of an additional entrance from the adjacent footbridge. (c) Regarding the relocation of the 17 non-fresh food shops in Sites A and C under Project H18, the URA had been maintaining liaison with the shop operators concerned and reminding them that the first phase of demolition works would commence in November 2014. As the construction materials of buildings in the area might contain asbestos, the URA had to study it carefully and, if found, remove the asbestos first to ensure public safety and safe implementation of the related works. (d) The URA invited the C&WDC to advise on the design of Project 18 and the exhibition about the history and development of cloth industry to be staged in the Western Market. 92. Members gave further comments as follows: - 19 - (a) Mr CHAN Chit-kwai proposed to set up an exhibition room inside the Western Market to introduce the development of cloth industry. (b) Mr Jackie CHEUNG enquired of the maximum capacity and proposed rental of the multi-purpose activities hall to be provided in Site A under Project H18, and asked whether advanced audio-visual equipment would be purchased for use there. (c) Ms CHENG Lai-king asked in which year the multi-purpose activities hall in Site A under Project H18 would be open. 93. Mr Michael MA of the URA gave his consolidated response as follows: (a) Mr CHENG Po-hung would assist in data collection and research on the development of cloth industry in Hong Kong and might compile a book on this topic in case of available resources. Therefore the history could be passed on without setting up a permanent exhibition hall. (b) The maximum capacity of visitors in the modernised multi-purpose activities hall in Site A under Project H18 was planned to be 450. The rental and operational arrangements of the hall would be discussed by the management community advisory committee to be formed in future. The Chairman told Mr HUI Chi-fung that the C&WDC was already extremely tolerant with his misbehaviour. He reiterated that the item raised by Mr HUI was not included in the agenda, and that the C&WDC had also endorsed to adjourn the discussion of the subject matter concerned in a previous meeting. He said that Mr HUI aimed to draw the attention of the meeting on him by speaking ceaselessly wihout permission to disrupt the proceedings. 94. Mr HUI Chi-fung argued that the Chairman should not speculate on the motive of Members’ behaviour. He stressed that he submitted his paper to the C&WDC on behalf of the public, and opined that the Chairman should not have screening of discussion papers. He hoped that political items could be discussed fairly and reasonably during meeting. 95. Mr Jackie CHEUNG pointed out that Mr HUI Chi-fung had been repeatedly asking the Chairman the same question through microphone without a stop for one and a half hours (i.e. from 3:30 pm to 5:00 pm) since the formal discussion of the first item in the agenda. As Mr HUI’s volume was too loud to, if not cover, seriously interrupt the speaking of the meeting, Mr CHEUNG and the public audience were unable to listen clearly the presentation of government representatives and other persons of the meeting. Mr HUI’s double speech prevented Members from discussing community issues freely, depriving Members of the right to express and the public of the right to know. He strongly condemned Mr HUI’s “verbal violence” and walked out. 96. 97. The Chairman thanked the representatives of the URA for attending the meeting. Item 5: Chairman’s Report (5:05 pm) 98. The Chairman invited Members to attend a dinner gathering jointly organised by - 20 - major community organisations in the C&W District in the evening of 21 October 2014 in celebration of persons awarded with Medal of Honour or Chief Executive’s Certificate as well as persons appointed as Justice of the Peace by the Hong Kong Special Administrative Region Government. The Chairman invited Members to attend a meeting and lunch gathering held between the C&WDC Members and Legislative Councillors at 10:45 am on 27 November 2014. 99. 100. When the Chairman was speaking, Mr HUI Chi-fung kept on making his request. Item 8: Confirmation of the minutes of the 15th C&W DC meeting held on 17 July 2014 (5:10 pm) The Chairman said that the Secretariat had e-mailed the draft minutes of the 15th meeting to Members on 26 September 2014, and had e-mailed, together with the fourth batch of papers, and tabled the proposed amendments put forward by Mr Joseph CHAN for Members’ perusal. 101. Mr MAN Chi-wah proposed to amend the wording “fire safety education bus(es)” in paragraph 86(e) in the draft minutes of the last meeting to “Fire Safety Ambassador(s)”. 102. Members had no comments on the draft of the amended minutes and the Chairman declared that the minutes were confirmed. 103. When the Chairman and Mr MAN Chi-wah were speaking, Mr HUI Chi-fung kept on making his request. 104. Item 9: Action checklist on matters arising from the last meeting (C&W DC Paper No. 104/2014) (5:10 pm) The Chairman announced that the meetings with the Commissioner for Transport and Director of Planning were cancelled due to disruption to the meeting, and that the C&WDC would make arrangement to meet these two guests in due course. 105. The Vice-chairman strongly condemned Mr HUI Chi-fung for his misbehaviour of disrupting the meeting, accusing him of depriving residents in Kennedy Town of the opportunity to understand the local transport and planning matters. He requested to put it on record. 106. Mr MAN Chi-wah agreed with the Vice-chairman, and opined that Mr HUI had deprived residents in the whole C&W District of the opportunity to understand transport and planning matters in the district. 107. The Chairman explained that he had handled the aspirations of Mr HUI Chi-fung, and therefore asked Mr HUI to behave himself to facilitate smooth conduct of the meeting. 108. 109. The Chairman asked Members to refer to the checklist for the follow-up of various - 21 - items. When the Chairman and Members were speaking, Mr HUI Chi-fung kept on making his request. 110. Discussion item Item 10: Proposed dates of meeting of the C&W DC and its committees between January and December 2015 (C&W DC Paper No. 105/2014) (5:10 pm – 5:11 pm) The Secretary said that the proposed dates of meeting would be ended in mid-September 2015 because the current term of the C&WDC was estimated to cease operation since September 2015. 111. There being no comments from Members, the Chairman announced that the dates of meeting in 2015 were endorsed. 112. As Mr HUI Chi-fung kept on making his request, the Chairman once again asked him to stop speaking without permission so as not to disrupt the meeting. The Chairman said that he had repeatedly warned Mr HUI to stop disrupting the conduct of the meeting or he might order him to leave according to Article 15 of the Standing Orders. 113. Item 11: Concern over the safety and legitimacy of signboards hanging at the external wall of buildings in Central and Western District (C&W DC Paper No. 106/2014) (5:25 pm – 5:40 pm) The Chairman welcomed the representatives of the BD to the meeting. The Chairman pointed out that the meeting was disrupted by the noise nuisance caused by speakers outside the meeting room, and requested the staff of the Secretariat and security guards to prohibit people carrying speakers from entering the meeting room. 114. The Chairman invited Members to express their views. The main points of their comments were as follows: 115. (a) The Vice-chairman pointed out that many shop operators erected signboards at the external wall of buildings without obtaining prior consent from the respective owners’ corporations (OCs). Even if such signboards were structurally safe and permitted by the BD for erection, ownership of external walls of buildings actually belonged to the respective OCs which, however, could not remove these unauthorised signboards due to the licences issued by the BD. He suggested that the BD should make reference to the practice as stipulate in the Hotel and Guesthouse Accommodation Ordinance, that is, it had to first check the deed of mutual covenant (DMC) of the building concerned and ownership of the external wall before granting approval to an application. If it was confirmed that the applicant was not the owner of the concerned external wall, the owner’s consent had to be obtained prior to licensing by the BD, which should not grant approval - 22 - simply by taking into account the structural safety of the proposed signboards under application. He hoped that the BD would review the existing mechanism of processing application for erection of signboards. (b) Mr Sidney LEE agreed that applicants had to consult and obtain consent from the OCs of respective buildings before submitting applications to the BD for approval. Otherwise these signboards were nothing different from unauthorised building works (UBW). He also hoped that the BD would consider prohibiting signboards causing light pollution and those with flashing light through legislation. (c) Mr MAN Chi-wah pointed out that, on the one hand, many owners familiar with building legislations would hire professional architects to submit applications to the BD for erection of signboards or deal with UBW matters. And on the other, as many owners were unfamiliarised with the relevant legislations and procedures, it was not uncommon for some tenants of shop premises to take advantage of their weakness and erect unauthorised signboards. The BD would issue licenses to applicants only if their proposals had satisfied with the requirement regarding structural safety. Even if owners had lodged complaint about unauthorised erection of signboards upon completion, the BD would not take action against such irregularities because there was no immediate danger for such erections, thus missing the opportunity to remove the unauthorised signboards erected. Therefore he suggested that declarations stating the relevant regulations and procedures should be printed with fonts as large as possible and provided with a Chinese version. (d) Mr CHEUNG Kwok-kwan opined that there was a loophole in the existing mechanism of processing by the BD because it was concerned about structural safety only, and that the BD should check the ownership of the external walls concerned before granting approval to erect signboards. He pointed out that the processing system for signboard erection in the Government House should be identical to that in private buildings. (e) Mr WONG Kin-shing opined that the BD should, prior to licensing, consider about the disposal of abandoned signboards after winding up of shops because such kind of situation occurred from time to time. He recommended the Administration, through legislation, to require those having erected signboards to pay a deposit to the OCs of the concerned buildings for demolition of their signboards in future. He also recommended the Administration to impose penalties on those who failed to demolish their signboards upon receipt of such notification. These offenders would not be issued with a licence of signboard erection in future. (f) Ms CHENG Lai-king was concerned about the third party insurance. She pointed out that the identity of responsible persons would be in doubt if accidents related to signboards being UBW occurred. She also pointed out that some owners who did not possess the ownership of the external walls of the buildings rented out such locations for erecting signboards. She suggested that rental of external walls should be regulated through legislation so that lessors should be held responsible if any accident took place, and that erection of signboards with flashing light be prohibited because they would be detrimental to eyes of the public. - 23 - Mr LAU Shing-lam, Senior Professional Officer/Signboard Control 2 of the BD, gave a consolidated response as follows: 116. (a) The “Buildings Ordinance” (BO) mainly dealt with the safety of buildings, providing for the planning, design and construction of buildings and associated works, and ensuring their compliance to safety requirements. Building plans approved in accordance with the BO or minor works applied under the Minor Works Control System (MWCS) should not be deemed as the ownership or right to use given to an applicant by the BD. Any person applying for erection of signboard at the public place of a building had to comply with the terms and stipulations of the respective DMC and obtain the consent of the OC/owner concerned before implementation of works. (b) Regulation of light pollution did not fall within the ambit of the BO. (c) The Government House was not a private building, and was exempted from the regulation by the BO. The BD was impartial to process all applications regarding plans of private buildings or signboard erection submitted under the MWCS. (d) The BD had been taking law enforcement actions against, conducting inspection of, and handling reports made by the public and Members on abandoned signboards. This year, more than 40 abandoned and dangerous signboards were removed in the district. By the end of September 2014, the BD had stepped up inspections of abandoned and dangerous signboards, and identified about 40 signboards of such kinds in the district. It was planned that these signboards would be demolished during November and December 2014. (e) The BD clarified that ownership of building, right to use property, building management and third party risks insurance were not areas fallen within the ambit of the BO. The BD thanked Members for their comments and suggestions. 117. The Chairman thanked the representatives of the BD for attending the meeting. Item 12: Concern over the safety of the subterranean pipes in Hong Kong (C&W DC Paper No. 107/2014) (5:40 pm – 5:55 pm) The Vice-chairman welcomed the representatives of the Hong Kong and China Gas Company Limited (HKCG), Hongkong Electric Company, Limited (HK Electric), Electrical and Mechanical Services Department (EMSD), Fire Services Department (FSD), Water Supplies Department (WSD), Drainage Services Department (DSD) and Office of Communications Authority (OFCA) to the meeting. 118. The Vice-chairman invited Members to give comments. comments were as follows: 119. The main points of their (a) Mr WONG Kin-shing said that as there were numerous subterranean pipes for various kinds of public utilities in Hong Kong, accidents such as landslides or land subsidence might cause gas leakage resulting in disasters. Although various - 24 - departments replied that regular checks of subterranean pipes under their management were arranged, he worried that some problems might not be identified immediately such as damage of gas pipeline caused by land subsidence due to main burst. He enquired whether there was any mechanism in use among various government departments and relevant organisations for immediate notification of emergency. (b) Mr Sidney LEE cited the recent scalator works in Centre Street as an example for illustration. In that case, disceprancy between the underground facilities and that stated in the plans was found only after excavation. The works was inevitably delayed because various departments had to make urgent coordination after launch of works. He hoped that the departments concerned should confirm if the underground facilities were in line with that stated in relevant plans and make corrections when necessary. By doing so, similar delay of works might be avoided. (c) Ms CHENG Lai-king enquired of the notification procedures about gas leakage occurring in subterranean pipes. She also hoped that all departments could update the plans under their managment to facilitate swift identification of the exact location in case of an emergency. (d) The Vice-chairman mentioned about a suspected case of gas leakage occurred in the vicinity of S. K. H. St Peter’s Primary School (Primary School) earlier which led to emergency evacuation of students. He wantd to know whether it was involved in gas leakage. He pointed out that the subterranean pipes in Western District were ageing and might cause very serious consequence if emergency took place. He enquired the HKCG about its arrangements in place for monitoring the conditions of gas pipe network in Western District and the replacement schedule of gas pipes. He pointed out that the frequent main burst occurring near Centre Street and Water Street might adversely affect other pipelines. In order to handle an emergency as soon as possible, he asked if there was a notification mechanism of emergency among all departments, how much time was required for handling an emergency, and whether the departments had any arrangements to update plans regarding subterranean pipes. Mr LAI Kam-to, Senior Network Operations Manager of the HKCG, gave a consolidated response as follows: 120. (a) In case of emergency identified, all government departments and public utilities would notify the HKCG by hotlines or by fax, which would arrange for immediate checking and handling. (b) The HKCG had digitalised the plans and information on comprehensive gas pipe networks, and could easily locate any gas pipe in question and access to its information through the the real-time digitalised geographical information system, thus expediting the handling of emergency. (c) The suspected case of gas leakage occurred near the Primary School would be reported in due course after checking record. - 25 - (Post-meeting Note: Upon checking of record and clarification with government departments concerned, it was confirmed that there was no record of gas leakage near the Primary School recently, and that a case of fire safety involving in gas unknown was reported on 4 September 2014.) Mr CHAU Shu-man, Senior Engineer/Gas Standards A3 of the EMSD, introduced the four main points to note contained in the guidelines and code of practice on excavation works as prepared by the EMSD. Firstly, persons undertaking construction works should first obtain plans about all gas pipes near the works site from the HKCG prior to commencement of excavation. Secondly, persons undertaking construction works should arrange qualified persons for determining the position of underground gas pipes at or near the proposed work area. Thirdly, persons undertaking construction works should confirm the accurate location of buried gas pipes using hand dug “trial holes” prior to excavation. Fourthly, persons undertaking construction works should ensure that all excavation works were carried out carefully following recognised safe digging pratices. He indicated that contractors were required to carry out excavation works according to the code of practice. Every year, the EMSD and HKCG would conduct joint visits to work sites to brief frontline workers on safe excavation in order to avoid their damaging gas pipes accidentally in the course of works. 121. Mr LAU Siu-kwong, Acting Senior Division Officer (Hong Kong Central) of the FSD, said that, after receiving reports of gas leakage, the FSD would immediately send officers to the scene for taking appropriate measures to control risk. They included making request to gas companies for staff deployment to the scene for assistance, cordoning off the site, evacuating the public within the affected area, deploying charged jets at strategic locations to dilute gas leaked, as well as locating and cutting off the source of leakage as soon as possible. In case there was explosion, fire or even casualties involved, the FSD would hand the case over to the EMSD for investigation of cause of incident. 122. Mr HO Lai-wa, Senior Engineer/HK 2 of the WSD, briefed Members on its mechanism about this. If pipes found during implementation of works were suspected to be gas pipes, the WSD would notify the HKCG and request it to deploy staff to monitor at scene for preventing such pipes from being damaged. The WSD would constantly inspect wells and notify the police and HKCG for any smell like that of gas identified,. The WSD would immediately update its plans whenever discrepancy between details stated in plans and actual situation of pipes was found in order to enhance the accuracy of plans as far as practicable. 123. Ms TSANG Wai-wah, Senior Engineer/CW of the DSD, pointed out that the DSD would confirm the accurate location of underground pipes of public utilities at or near the proposed work area prior to excavation. In case of doubt during implementation of works, the DSD would first confirm with the departments or companies concerned before the works proceeded. The DSD had digitalised its plans, and would update them by responsible persons according to established procedures. 124. Mr YIU Siu-keung, Senior Telecommunications Engineer (Regulatory 12) of the OFCA, pointed out that, in order to minimise the risk of explosion in telecommunications manholes due to accumulation of flammable gas therein, the OFCA had issued guidelines requiring the fixed network operators to observe. One of the requirements was to require such operators to conduct regular inspection of manholes for preventing gas explosion that might be caused by accumulated flammable gas inside manholes. If it was found during inspection that the reading of flammable gas level was the same as or higher than the lower explosion limit, the operator had to immediately report the case through the government hotline No. 999 and the 125. - 26 - emergency hotlines of the HKCG for immediate follow-up actions. 126. The Vice-chairman thanked the guests for attending the meeting. Concern over the implementation of “Competition Ordinance” on law enforcement against bid-rigging for building repair works (C&W DC Paper No. 108/2014) (5:55 pm – 6:15 pm) Item 13: The Vice-chairman welcomed the representatives of the Competition Commission (Commission) and HKPF to the meeting. 127. Mr CHEUNG Kwok-kwan said that building maintenance was very important in the C&W District because most of its developments were residential buildings, and that building maintenance works involved in substantial costs. The original objective of tendering for building maintenance works was to provide a fair platform for competitors to implement the projects, but this mechanism was abused due to the illegal behaviour of “bid-rigging”. Under the existing system and legislation, the law enforcement departments encountered difficulty to tackle the problem. Although many organisations had expressed their objection to “bid-rigging” through procession, there was actually little effect to contain this illegal act. Owners of many buildings tried to solve the problem through change of OCs, but this solution did not work if they had already entered into agreements with contractors of maintenance works. He hoped that the problem could be tackled after enactment of the Competition Ordinance (Ordinance) and the consequential investigation of and penalty on offenders. As the Ordinance would take effect in the first half of 2015, Mr CHEUNG enquired if combating against “bid-rigging” would become an operation priority of the Commission. He also hoped that the Commission would help educate owners to understand the Ordinance and the problem of “bid-rigging” during community visits and collaborate with other community organisations or the C&WDC to tackle “bid-rigging”. 128. Mr Timothy LEAR, Executive Director (Operations) of the Commission, explained that as the major concern of the Ordinance was economic crime, so its focus on bid-rigging was whether anti-competition agreements had been made among contractors who had submitted tenders for the works. Other crimes arising out of bid-rigging would be dealt with by other enforcement departments concerned. He said that bid-rigging was a serious anti-competition conduct prohibited under the “first conduct rule” of the Ordinance. Prohibited conducts included submission of false bid or tender, submission of bid or tender without making the contents known to the person calling for or requesting bids or tenders, and agreement made for not participating in tendering, etc. He did not comment on which kind of anti-competition conduct should be combated with priority at this stage because priority of enforcement by the Commission would be announced in 2015. He stated that the Commission was aware of the public’s concern over bid-rigging of building maintenance works. According to his understanding, a number of initiatives to educate the public on the problem of bid-rigging was being implemented while there was still room for enhancement regarding publicity. Regarding collaboration with other departments, he agreed that the Commission might have enhanced collaboration with the HKPF and ICAC after the Ordinance had taken effect. 129. The Chairman invited Members to give comments. comments were as follows: 130. - 27 - The main points of their (a) Mr CHAN Chit-kwai hoped that the government departments concerned might provide owners with more information on tendering procedure and quotation for building maintenance works as reference lest unruly elements should take advantage by playing both the roles of consultant and contractor because these works usually involved in substantial amounts of project costs. (b) Mr CHAN Choi-hi commended the fight crime initiative “RenoSafe Scheme” launched by the HKPF in September 2013 for its objective of implementation. As it had been carried out for more than one year, he asked whether the Administration would review the effectiveness of the scheme and to what extent the scheme had achieved its objective. (c) Mr IP Kwok-him opined that owners and even different sectors of the community had expectation on the Commission. He pointed out that the maintenance works cost of some buildings increased by 20-30% and even 100% within one year, and such increase was extremely unreasonable. He hoped that combating against bid-rigging would become one of operational priorities of the Commission which should introduce effective countermeasures to prevent persons from breaching the provisions of the Ordinance or attempting to engage in bid-rigging. He stressed that the Commission should be proactive to provide useful information to owners who would be undertaking maintenance works for their buildings. (d) Ms CHENG Lai-king indicated that all quotations submitted to owners planning to implement maintenance works for their buildings were already very expensive, making the principle of “awarding tender to contractor proposing the lowest quotations” less meaningful nowadays. To comply to the instructions of the BD or satisfy the requirements under the Mandatory Window and Building Inspection Schemes, many owners had to conduct building maintenance works unreluctantly despite the high price. Owners of some buildings even required all contractors participating in tendering to sign declarations, stating that they would not jointly raise the price of their quotations to avoid monopoly or bid-rigging. The effectiveness of this initiative, however, was doubtful. She hoped that the C&WDO and ICAC would step up education to encourage more owners to actively participate in the selection process for contractors of works. (e) The Vice-Chairman enquired if the Commission could set out some signs of bid-rigging. This might make owners more informative to identify if their projects were involved in bid-rigging, and encourage owners or other Members to take initiative to report suspected cases to the Commission and assist in monitoring the works process. Mr Timothy David LEAR of the Commission responded that bid-rigging was not an economic crime before the Ordinance had taken effect. He said that the Commission would proactively explore the implication of the economic structure in Hong Kong on fair competition conduct. He responded that signs of bid-rigging might include similar wording, style and grammatical mistakes. Seeing that it was currently difficult to provide evidence for taking enforcement action against offenders of bid-rigging, the Commission might adopt some methods used by other countries and districts such as “leniency agreement” to solicit a person’s cooperation to assist in investigation and information provision. If a case was found substantiated, the Commission might apply to the Competition Tribunal (Tribunal) for legal proceedings. For companies convicted by the Tribunal for breaching the Ordinance, sanctions 131. - 28 - would be imposed on persons concerned including pecuniary penalties up to 10% of their business turnover in Hong Kong or disqualification of their capacity as directors of such companies. Apart from those imposed on companies breaching the Ordinance, sanctions would also be imposed on individuals upon their conviction in bid-rigging. The Vice-Chairman said that the Secretariat had emailed to all Members the links of the six draft guidelines required by the Ordinance and jointly issued by the Commission and Communications Authority on 9 October 2014 for reference. These links included that of three competition rules, namely, the Draft Guideline on the First Conduct Rule, Draft Guideline on the Second Conduct Rule and Draft Guideline on the Merger Rule, as well as that of the procedures about complaint handling, investigation, as well as decision-making regarding exclusions and exemptions by the Commission. 132. 133. The Vice-Chairman thanked the guests for attending the meeting. Problems arising out of the “Occupy Central” movement (C&W DC Paper No. 118/2014) Strong request for rigorous enforcement of law to restore social order (C&W DC Paper No. 119/2014) (6:15pm – 7:30pm) Item 14: The Chairman welcomed the representatives of the TD, Education Bureau (EDB), HKPF, FSD, Hospital Authority, residents and street traders in the district to the meeting. 134. Mr CHAN Chit-kwai said that he recently received many complaints lodged by residents in C&W District because their daily life was greatly disrupted due to non-provision of service and diversion of many bus routes, as well as serious traffic congestion arising from obstruction at trunk roads by participants of the Movement. As the period of the movement overlapped with the National Day Golden Week, the business of shops in the district was also adversely affected. He said that the problems caused by the Movement were very serious and hoped that solutions might be reached through discussion in the meeting. 135. Mr WONG Kai, representative of street traders in Central District (Chairman of Association of Street Traders in Li Yuen Street East and Li Yuen Street West), stated that the shops in the district faced great difficulties in operation because the Movement discouraged both the public and foreign visitors from visiting and shopping in Central. Rising transportation fee also resulted in raised operational expenses to worsen the situation. 136. Mr CHOI King-wo, Chairman of Parent-Teacher Association of Central and Western District, said that the Movement had violated the living of the public undesirably, causing no schooling for primary and secondary students for one week. Even after resumption of schooling, some roads were still obstructed and students had to spend a lot of time on travelling to and from schools. 137. Mr LI Sai-cheung, representative of residents at Mid-Levels, said that the Movement took place during the peak season of import and export trading and placed uncertainty to Hong Kong, causing many overseas importers to worry about the local business environment and making some to cancel their business meetings scheduled here. Consequently, the small and 138. - 29 - medium enterprises (SME) suffered from serious losses. In his opinion, retailing in C&W District also suffered much. For example, the dried seafood shops in Central and Sheung Wan saw a substantial decrease in business turnover, and such economic losses might lead to redundancy followed by more social and livelihood problems. He sympathised with and understood the students who fought for democracy but disagreed with the means of the participants of the Movement who aimed to achieve their goals through upsetting the daily life of the public and the economy of Hong Kong as a whole. He called on the various government departments to restore the social order and enhance the international image of Hong Kong. The Chairman invited Members to give comments. comments were as follows: 139. The main points of their (a) Mr Thomas NG opined that the impact of the problems arising out of the movement on Hong Kong was far-reaching. Currently, all departments should have good coordination and reopen all blocked trunk roads as soon as possible. (b) Mr CHEUNG Kwok-kwan said that the Movement had definitely upset the normal life of residents in C&W District. Owing to uncertainty of its development and the frequent conflicts in occupied places, the residents had already nursed grievance against the Movement. He stated that the local residents had been very tolerant to public activities like demonstration, but persistent occupation and street obstruction would easily cause social confrontation. (c) Dr Malcolm agreed to Mr LEE that the Movement had already ruined the international image of Hong Kong, resulting in withdrawal of business investment. He also criticised that some participants acted irrationally as well as confused truth and falsehood. He paid his tribute and extended his gratitude to the HKPF for handling the Movement, encouraging police officers to maintain their impartiality during law enforcement disregarding individual negative cases. (d) Ms SIU Ka-yi said that some residents lodged complaints to her about traffic congestion caused by the Movement, making it difficult for the public to go to work and students to schools, and shop operators to run their business. The business turnover of some street traders even dropped by 70%. She considered that the Movement had brought misfortune to every sector in C&W District and hoped that the community would restore to a harmonious state. (e) Miss LO Yee-hang disclosed that she was a resident in the Peak and therefore fully understood the inconvenience to the local residents caused by the movement. She thanked the HKPF for its law enforcement with impartiality, but reflected that some members of the public were discontented with the lenient enforcement without prosecuting participants of the Movement who occupied places illegally and took government resources at will. Anyway, most residents were in support of the HKPF to take enforcement actions according to law, and hoped that police officers could take proper law enforcement action. (f) Mr MAN Chi-wah pointed out that the daily living of residents in C&W District was adversely affected. Even if roads once obstructed were reopen gradually, residents still could not enjoy normal bus service by travelling directly from Western District to Eastern District. As normal tram service was also difficult to - 30 - provide, the public had to wait for trams in Sheung Wan, making a lot of passengers to wait for trams at one tram stop. Non-provision of service for several bus routes worsened the situation, bringing a very hard life to commuters who worked in Central. He opined that the community in general were of high degree of tolerance towards the Movement, but the participants contrarily acted selfishly without taking the consequence of their actions on others in considertaion. During his visit to some occupied scenes with other Members, he found that there was loose organisation among participants. Thanks to the proper control by police officers, serious conflicts had been avoided. He commended the Police for their constraint on duty and their firm action taken against law-breakers despite accusation by participants. (g) Mr Sidney LEE indicated that the traffic was paralysed by the Movement judt like a calamity. He called on the participants to stop street obstruction so that the public could resume their normal living. He agreed that the Police should take actions properly, but was regret to see even some scholars on law and lawyers to confuse right and wrong by supporting illegal street obstruction. Mr LEE was sad to see the social diversification and conflict brought forth by the Movement, and hoped that the society could restore its harmony and unity. It was opined that a true democratic society was characterised by tolerance of dissenting views. He called on the public to be confident in the Police despite individual cases because the HKPF had always been constraint and professional on duty. (h) Mr CHAN Choi-hi said that the peaceful Movement had become an uncontrolled fighting for democracy with violence which had made many sectors suffer from inconvenience (e.g. students and workers) and from economic losses (e.g. SME operators). He said that the motion drafted for discussion and endorsement in this meeting was prepared on 9 October 2014. If the motion was to be re-written, it should contain wordings condemning violence and wordings commending the HKPF for their dedicated service. (i) Mr CHAM Chit-kwai opined that the Movement was an offence causing inconvenience to and grievance of the public. If it continued, the livelihood of the public would be undesirably affected without obtaining support from the community. He indicated that the Police should insist in taking necessary actions according to law, clear the occupied places and restore normal traffic of trunk roads as soon as possible. He also opined that the demonstrators should express their aspirations through legitimate means and agree that the students should have dialogue and communication with the Government earlier. (j) Ms CHENG Lai-king opined that the senior officials of the Government responsible for constitutional reform did not grasp the public opinion of Hong Kong people accurately and thus was unable to relay it properly to the Central Government in the Mainland. As a result, the decision made by the Standing Committee of the National People’s Congress did not meet the expectation of the public in Hong Kong and finally led to outburst of the Movement. Actually, many participants of the Movement only wanted to have dialogue with the Government for expressing their aspirations about principles of universal suffrage. She understood that the daily living of residents at Mid-Levels was upset by the Movement, so she had made telephone enquires to the TD and HKPF about the situation. The staff of the TD explained that the decisions for road closure or - 31 - reopening were to be made by senior officers while trunk roads such as Queensway would not be re-open without careful deliberation. She considered that the Hong Kong society suffered greatly from the Movement, and that the responsible officials had to face the crux of the problem squarely and solve the problem through dialogue with occupants instead of shirking its responsibility to the HKPF which unintentionally became the storm centre. She pointed out that investigation about abuse of force to demonstrators by some police officers should be launched. As some trunk roads mentioned in the motion proposed for discussion and endorsement were re-open, she enquired if this motion was still valid. (k) Mr IP Kowk-him said that he received many complaints lodged by residents in C&W District about the Movement which had aroused much social discontent. The Movement had also resulted in anarchy to a certain extent because some demonstrators did not only obstruct streets but also make traffic instructions at will, worrying that the rule of law in Hong Kong would collapse gradually. Some protestors obstructing roads illegally even made false, unsubstantiated accusations by saying that some members of the public objecting the Movement were rioters or triad members, and that the Police cooperated with triad societies to suppress the Movement. These criticisms confused right and wrong without evidence to support their argument. Although individual police officers having committed offences should be punished, he disagreed to some biased viewpoints of the public by disregarding the HKPF’s contribution to maintain social order in Hong Kong. (l) The Vice-Chairman stated that the impact of the Movement on the C&W District and even Hong Kong as a whole was four-folded. Firstly, working people in the district had to plan for their commutation to the working place from day to day due to the ever-changing traffic situation. The daily living of residents was inevitably and adversely affected because of serious congestion within MTR stations. Secondly, the Movement caused closure of some schools and this was unfair to students and their parents. Thirdly, participants the Movement rationalised many illegal acts such as street obstruction and envelopment of police officers by protestors which, as a matter of fact, had posed threats to public order. He commended the HKPF for its professional service and hoped that it would continue to be impartial in law enforcement. Fourthly, the Movement had torn the society apart seriously. He called on the participants of the Movement to put the well-being of the society on top priority and help restore social order. (m) The Chairman opined that Hong Kong’s success was achieved through the continuous upholding of the core values including freedom of speech and assembly enjoyed by the public, as well as a stable economic and political environment, which made a continuous annual economic growth in Hong Kong possible. He advised that the public had to submit application for public demonstration and meeting to the department concerned early according to law if they wanted to express their aspirations in these ways. Nuisance and inconvenience caused to the general public might thus be avoided or minimised. He respected the rights and aspirations of protestors participating in the Movement, but opined that they should express their views by rational and peaceful means. The current course of action taken by the Movement had caused serious social diversification and enmity between police officers and the public. He sincerely paid his tribute to the HKPF, and expressed his support to the HKPF in maintaining order, safeguarding public - 32 - safety and taking enforcement action with impartiality. All these made Hong Kong continue to become one of the safest and most stable cities in the world. Mr Nelson CHAN, Chief Transport Officer/Hong Kong of the TD, said that many trunk roads such as Harcourt Road were still occupied illegally by protestors. Such being the case, vehicles heading for Queensway were diverted to pass through Gloucester Road, Hennessy Road and Des Voeux Road Central, causing serious traffic congestion in Central, Admiralty and Wanchai District even extending beyond the rush hours. In the early stage of the Movement, drivers did follow TD’s advice of travelling earlier and avoided driving to Hong Kong Island north. As illegal road occupation went by, he worried that the traffic congestion would be worsened if the number of vehicles travelling on roads resumed to the normal level, or the public gave up the new habit of earlier commutation. He hoped that the illegal occupiers could vacate from street occupation as soon as possible. 140. Ms Cynthia CHAN, Chief School Development Officer (CW&S) of the EDB, said that the Movement launched on 28 September 2014 and caused obstruction of roads in Wanchai District and C&W District. As safety of students going to school was the major concern of the EDB, it announced suspension of classes of all kindergartens, primary schools, secondary schools and special schools in Wanchai District and C&W District on 29 and 30 September, as well as 3 and 4 October 2014. Altogether, 79 schools and around 29 000 students in C&W District were affected. During the period of class resumption, the EDB had been maintaining close liaison with the relevant associations of the affected schools and departments concerned including preparatory arrangements of class resumption (e.g. school bus service, supply of lunch box and liaison arrangement with parents, etc.). Having conducted comprehensive assessment, the EDB announced class resumption of the secondary schools, primary schools and special schools, and kindergartens/kindergartens cum child care centres in the two districts in phases on 6, 7 and 9 October 2014. Although class resumption of the affected schools in C&W District in phases was implemented as scheduled, the students in the district still suffered from the congested traffic (e.g. belated attendance to schools) because closure of some main roads on Hong Kong Island due to the Movement continued, causing diversion of public transportation running on roads or suspension of such services. This led to consequential traffic congestion on roads used under the temporary diversion arrangement. She thanked the management and cooperation of schools, parents and school bus operators for their adoption of contingency measures in response to the Movement so that delayed commutation of students could be reduced to the minimum. 141. Mr KAN Kai-yan, District Commander (Western) of the HKPF, said that demonstrations developed to illegal road occupation since 26 September 2014. Some protestors occupied some sites on Hong Kong Island and in Kowloon. As a result, the traffic in the vicinity of the affected sites was paralysed, affecting social order, daily lives of the public, turnover of business operators and provision of emergency services. Regarding the occupation in Central, the HKPF had deployed officers of the Police Negotiation Cadre and Police Community Relations Officers to the occupied sites to urge the protestors to leave, but the efforts were futile. He worried that actions taken by protestors of the Movement disregarding the well-being of the public might cause grievance in the community and intensify the risk of social confrontation. 142. Mr KAN Kai-yan reported that the Police started to remove the obstruction materials blockading the affected roads in various places including Admiralty and Causeway Bay, etc., hoping that traffic thereof could be partially restored. Some people such as those alleged to be 143. - 33 - members of the transportation sector suddenly started to remove the road barriers voluntarily, and confusion was once occurred at scene. In the afternoon of 13 October 2014, the Police arrested 23 persons at the occupied site in Admiralty who were charged of committing offences such as common assault, possession of offensive weapon and obstructing police officers in the execution of their duty, etc. Later, some protestors reinforced the road barriers in the evening of 13 October 2014, causing obstruction to traffic and even travelling of emergency vehicles. Therefore the Police had to remove the obstruction and dangerous articles such as bamboos along the roads again in the morning of 14 October 2014, successfully re-opening Queensway and Lung Wo Road afterwards and thus reopening part of the east-west major thoroughfare on the Hong Kong Island north, and ensuring the provision of access for use by emergency vehicles. However, some protestors rushed out to the junction of Lung Wo Road and Tim Wah Road without regarding the safety of themselves and other road users, and caused serious traffic obstruction there once more. To safeguard social order and public safety, the Police drove the illegal occupiers away from Lung Wo Road and removed the barriers. He stressed that the Police had advised the protestors to stop the illegal acts of occupation during the operation that night, but the protestors did not follow the advice. They even had physical confrontation against police officers, who were forced to disperse them with necessary force. The Police only used the minimal level of necessary force that night including pushing away the illegal occupiers with hands and shields, and using pepper fog to contain their illegal acts disregarding public safety and order. It was unacceptable for the dishonest acts of some protestors who put up their hands and pretended to be peaceful demonstrators after attacking police officers with umbrellas, kicking police officers or taking away the metallic barriers of the Police. Mr KAN said that 45 demonstrators were arrested under the charges of unlawful assembly and obstruction of police officers in the execution of their duty. Mr KAN disclosed that someone incited others to use “flash-mob” tactic in social media on the Internet aiming at dispersing the manpower of the Police. He reprimanded such illegal acts and stressed that the Police would continue to collect evidence and take follow-up actions. He hoped that the public might understand the challenges encountered by police officers in the execution of their duty. 144. Mr KAN added that the Complaints Against Police Office had received the complaint lodged about an alleged assault of demonstrator by police officers, and that the seven police officers suspected of involving in this case were currently under interdiction and impartial investigation was underway. He said that the Police would continue to take law enforcement actions to restore social order with dedication and hoped that the public would give their collaboration and support to this cause. He reiterated that the Police had zero tolerance towards violence by whatever party. 145. Mr LAU Siu-kwong, Acting Division Officer (Hong Kong Central) of FSD, said that road blockage triggered by the Movement had adverse impact on provision of fire and rescue services. The FSD was in close liaison with the Police and other government departments concerned to conduct related risk assessments, and had prepared contingency measures to ensure efficient provision of rescue service. In case emergency occurred at a road section affected by blockage, the FSD would mobilise doubled number of emergency vehicles to the scene from different routes at the same time. This could ensure earliest arrival of officers for service provision to minimise the adverse effect caused by congested traffic on fire-fighting or rescue of injured persons and patients. The FSD also reminded residents at or in the vicinity of the occupied areas to enhance their alert of fire hazard and take appropriate actions in the case of fire including immediate evacuation from the fire scene and usage of fire equipment installed in 146. - 34 - buildings to put out fire, etc. Dr S H TSUI, Deputy Hospital Chief Executive II of Queen Mary Hospital (QMH) of Hospital Authority, said that medical staff of the accident and emergency department under QMH was on 24-hour call to try their best to provide normal accident and emergency services. Among the 77 injured persons admitted to the QMH due to the Movement, no one was severely wounded. The QMH had provided the staff with shuttle bus service travelling between MTR Hong Kong Station and QMH, as well as provided dormitory for staff not being able to go home due to execution of duty in the hospital. Normal operation and out-patient services of the QMH could be maintained to a large extent. Late comers of patients having medical appointments due to traffic congestion would be dealt with flexibly. 147. The Chairman asked Members to vote on the motion, and after voting, the following motion was adopted: 148. Motion: “The C&WDC urged the “protestors of the Occupy Central movement” not to use the right of the residents in the C&W District to enjoy daily lives as a bargaining chip to enter into negotiation with the Government, and also urged them to reopen all forcibly occupied roads especially the affected main roads like Queensway, Harcourt Road, Connaught Road Central, Cotton Tree Drive and Garden Road as well as the affected tram lanes as soon as possible so that the life of the public and operation of the society could resume normal.” (14 voted for the motion:: Mr YIP Wing-shing, Mr CHAN Hok-fung, Mr IP Kwok-him, Mr CHAN Chit-kwai, Mr CHAN Choi-hi, Mr Sidney LEE, Mr MAN Chi-wah, Miss LO Yee-hang, Mr Joseph CHAN (authorised Mr CHAN Choi-hi), Ms SIU Ka-yi, Dr Malcolm LAM, Mr Jackie CHEUNG (authorised Mr YIP Wing-shing), Mr CHEUNG Kwok-kwan, Mr Thomas NG) (0 voted against the motion) (2 abstained from voting: Mr KAM Nai-wai (authorised Ms CHENG Lai-king), Ms CHENG Lai-king, Mr WONG Kin-shing (authorised Ms CHENG Lai-king)) Item 15: Members’ Written Reports (7:35 pm) The Chairman said that the District Fight Crime Committee (Central and Western District) had held its 2nd meeting (2014-2015) on 25 July 2014 and would hold its 3rd meeting (2014-2015) on 24 October 2014. 149. - 35 - Members had nothing to add. 150. Item 16: Work Reports of the Committees under C&WDC (7:35 pm) The Chairman asked Members to note the subject matter of the following papers: 151. (i) Culture, Leisure & Social Affairs Committee (C&W DC Paper No. 110/2014) (ii) District Facilities Management Committee (C&W DC Paper No. 111/2014) (iii) Finance Committee (C&W DC Paper No. 112/2014) (iv) Food, Environment, Hygiene and Works Committee (C&W DC Paper No. 113/2014) (v) Traffic & Transport Committee (C&W DC Paper No. 114/2014) Item 17: Reports of the Working Groups under C&WDC (2014-2015) (7:35 pm) The Chairman referred Members to the papers. had nothing to add. 152. The chairmen of the working groups Report on the 190th and 191st Meetings of the Central and Western District Management Committee (C&W DC Papers No. 115/2014 and No. 116/2014) Item 18: (7:36 pm) 153. The Chairman referred Members to the papers. Item 19: Reports on the meetings of the area committees of the Central & Western District (C&W DC Paper No. 117/2014) (7:36 pm) 154. Item 20: The Chairman referred Members to the paper. Any Other Business - 36 - (7:37 pm) 155. There being no other business. Item 21: Date of the Next Meeting (7:38 pm) The Chairman announced that the seventeenth meeting would be held on 8 January 2015. The paper submission deadline for government departments would be 15 December 2014, while the paper submission deadline for Members would be 19 December 2014. 156. The Chairman declared the meeting closed and thanked the guests and Members for attending the meeting. The meeting was adjourned at 7:38 pm. 157. The minutes were Chairman: Secretary: confirmed on 15 January 2015 Mr YIP Wing-shing Ms WONG Ming-wai Central and Western District Council Secretariat January 2015 - 37 -