| LEGCO REPORT
February 2001 Issue
The Bulletin
Legco addresses
key
issues of public concern
By James Tien
Legco has been following up several controversial issues, including the Public Order
Ordinance, public housing construction problems and the appointment of a Chief Secretary
for Administration, which have been widely debated over the past few months. I am actively
involved in these discussions and because these issues have aroused much concern within
the community, I feel I should brief you on my work related to these topics.
Public Order Ordinance stabilises business environment
Criticism that the Public Order Ordinance suppresses personal freedom to
hold demonstrations and public processions has been on the rise in recent months, to such
an extent that the administration was urged to revise and even scrap the ordinance
altogether. Despite being hotly debated for over eight hours in Legco, a decision was made
to keep the ordinance, and I was one of the legislators voting in favour of it.
I support preserving the Public Order Ordinance for two reasons. First, based on the
number of demonstrations and public processions held in Hong Kong, there is no evidence to
support the argument that the ordinance suppresses personal freedom. Over 6,900
demonstrations and processions have taken place in Hong Kong since the handover in 1997,
of which, 4,000 gave prior notification to the police. Only five of these were served with
"notice of objection" on the grounds of public safety and order.
However, three of those were approved after organisers revised the marching routes and
the number of participants in each event. Hong Kong even allowed demonstrations by Falun
Gong followers, despite being banned in Mainland China, exemplifying the "one country
two systems." All this shows that the right for the public to hold processions and
public meetings is fully respected and protected.
Second, the Public Order Ordinance helps maintain a stable business environment. The
right to hold demonstrations and public processions is important, but a proper balance
should be struck between the right and the interests of the community at large.
Notifying the police of such events allows them to make traffic arrangements which
facilitates protestors' demonstrations by removing any obstacles, and minimises
inconvenience to the general public and businesses. Many metropolises around the world,
such as Washington, Chicago, San Francisco, New York, Vancouver, Tokyo, et cetera have
similar requirements. As such, I do not see any reason why the government should abolish
or revise the existing Public Order Ordinance.
Probe into public housing policy and structure
On the issue of the quality of public housing, legislators proposed
establishing a committee to investigate the short piling saga at four public housing
estates. I support the establishment of such a committee because the three inquiries
conducted by several government departments and groups have so far failed to resolve some
critical issues, including how to ensure the quality of public housing projects built in
the future.
I think these incidents are not inter-independent or isolated issues, but are related
to the operation and policies of the watchdog. Therefore, I suggested comprehensively
reforming public housing policies and whether the Housing Authority needs to be
restructured, dismantled or abolished altogether. These views were adopted by the majority
of legislators, and the motion is scheduled to be tabled for discussion. I will inform you
of the resolution when it is announced.
Successor for Chief Secretary for Administration
The other issue which aroused much public debate is the Chief Secretary
for Administration Anson Chan Fang On-sang's announcement that she would retire in April.
I regret that Mrs Chan has decided to resign, but nonetheless respect her decision. There
has been much speculation about why she is leaving, but I think we should put more energy
into selecting a successor.
At the time of writing, the government had yet to announce any candidate for the post.
I personally think the post of Chief Secretary for Administration -- as a leader of the
civil service -- would be best filled by someone already in the civil service. As such,
the present Financial Secretary, Donald Tsang, would be the right person for the job.
If Mr Tsang were to take over as the Chief Secretary for Administration, that would
leave open the Financial Secretary post, which could be filled by a candidate from the
public or business sector. The Financial Secretary's main mission is to formulate
effective economic policies. Because many SMEs are still having a hard time surviving and
with China expected to soon join the WTO, a candidate who is abreast of local economic and
commercial affairs with the calibre to map out comprehensive economic plans is very much
needed. B
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