Members' Motions
Through debating motions which are not intended to have legislative effect, Members express their views on issues of public concern or call on the Government to take certain actions. Members may also move motions for the adjournment of the Council for the purpose of discussing a specific issue of urgent public importance or raising any issue concerning public interest with a view to eliciting a reply from a designated public officer. Besides, Members may move motions relating to procedural matters.

Year 2011-2012

Hon. KAM Nai Wai moved amendment to the motion on “Alleviating the financial burden of middle-class people” at the Council meeting of 2 November 2011.

KAM’s amendment:

  1. Added “offering tax allowance to people who purchase energy efficient products with Grade 1 energy label, subject to a ceiling of $5,000;”
  2. Amended “providing each residential electricity account with an electricity charge subsidy of $3,600, and offering an additional electricity charge subsidy of $1,200 to an account whose electricity consumption in a half-year period is 5% or more lower than its consumption in the corresponding period of the previous year, so as to encourage people to reduce electricity consumption;”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed: http://www.legco.gov.hk/yr11-12/english/counmtg/motion/cm1102-m1-wordings-e.pdf

Hon. KAM Nai Wai moved amendment to the motion on “Comprehensively improving the water quality of the Victoria Harbour” at the Council meeting of 16 November 2011.

KAM’s amendment:

  1. Amended “to increase the existing penalties to punish individuals or enterprises who pollute the harbour, and at the same time, to strengthen the relevant publicity and public education, so that the public can better understand the importance and benefits of protecting the harbor environment;”
  2. Amended “to rectify the current situation of fragmentation of responsibilities among government departments for managing the water quality of the Victoria Harbour, and to study establishing a higher-level department to co-ordinate and follow up the relevant matters, such as establishing a harbour management authority to manage, develop and enhance the environment, planning, sites and facilities in harbour areas and waterfront areas, formulate a policy for harbour areas and waterfront areas under the people-based and sustainable development principles, and encourage people to actively express their views, so as to enable the public to share and use the harbour;”
  3. Amended “to make the ‘cross harbour swimming race’ an annual gala in Hong Kong and organize it regularly every year at different locations in the Victoria Harbour, so as to press the relevant departments to seriously improve the water quality of the Victoria Harbour, and at the same time, to enhance both sides of the Victoria Harbour together with the environment and planning of the waterfront promenades to be launched in the next few years, so as to provide better activity space for people who engage in angling and various activities in such areas.”

KAM’s amendment to original motion was negatived as it was not passed in the Functional Constituencies.

(Voting Result: http://www.legco.gov.hk/yr11-12/english/counmtg/voting/v201111161.htm)

 

Hon. KAM Nai-wai moved the motion on “Improving the voter registration system to rebuild people’s confidence in the electoral system” at the Council meeting of 21 December 2011.

Wording of the KAM’s Motion:
That the media have recently disclosed the discovery of many suspected vote-rigging cases after the District Council Election held on 6 November this year; besides, after every Legislative Council Election and District Council Election in the past, the Administration also received tens of thousands of returned poll cards; as there is a lack of an effective verification mechanism under the voter registration system, law-breakers may easily register as voters
with falsified addresses, thus ruining the electoral system and causing voters to lose confidence, this Council urges the Administration to spare no efforts in investigating suspected vote-rigging cases, institute prosecutions against
law-breakers, and comprehensively review the voter registration system, so as to ensure that before the Legislative Council Election to be held in September next year, the loopholes are plugged and people’s confidence in the electoral system is rebuilt.
(http://www.legco.gov.hk/yr11-12/english/counmtg/motion/m_papers/cm1221cb3-219-e.pdf)

The KAM’s original motion as amended was passed.

Wording of the motion passed: http://www.legco.gov.hk/yr11-12/english/counmtg/motion/cm1221-m2-wordings-e.pdf

 

Hon. KAM Nai Wai moved amendments to the motion on “Government-led promotion of a territory-wide energy conservation campaign” at the Council meeting of 15 February 2012.

KAM’s amendment:

  1. Added “besides, this Council also requests the Government to immediately shelve the aforesaid plan of significantly increasing the use of nuclear power (from 23% in 2009 to 50% in 2020) in order to allay people’s worries about the use of nuclear power; at the same time, with a view to reducing energy consumption and electricity consumption by the public, this Council urges the Government to implement the following measures:

(a) to study conducting electricity consumption audits for buildings on a free of charge basis and offering a series of energy conservation recommendations after such audits, so as to reduce energy consumption and electricity consumption by the public;
(b) to propose in the 2012-13 Budget the provision of an electricity charge subsidy of $1,200 to an account whose electricity consumption in a half-year period is 5% or more lower than its consumption in the corresponding period of the previous year, so as to encourage people to reduce electricity consumption;
(c) to propose in the 2012-13 Budget the provision of tax allowance to people who purchase energy efficient products with Grade 1 energy label, subject to a ceiling of $5,000;
(d) to truly foster the development of a low-carbon traffic and transport system by including travelling on foot and cycling in the formulation and planning of its overall transport policy, and encourage people to travel on public transport and the mass transit system more frequently; at the same time, to formulate a long-term cycling policy, perfect bicycle management facilities (such as cycle parks) in various districts, actively expand cycle tracks, perfect the footbridge and subway networks in various districts, and install covers, escalators and lifts along district pedestrian walkways, with a view to reducing the number of vehicles on roads and encouraging people to actively live a low-carbon life;
(e) to actively develop green transportation, increase the number, usage and types of electric vehicles, and perfect the relevant infrastructural and complementary facilities, so as to reduce energy consumption, pollution and emissions; and
(f) by way of financial subsidy or franchise extension, to push ahead the early phasing out and replacement by bus companies of buses with high emissions; and, on the premise of not affecting fares, introduce more electric or supercapacitor buses.”

KAM’s amendment to original motion was negatived as it was not passed in the Functional Constituencies.

(Voting Result: http://www.legco.gov.hk/yr11-12/english/counmtg/voting/v201202152.htm)
Year 2010 - 2011

Hon. KAM Nai Wai moved amendment to the motion on “Promoting the waste recycling industries” at the Council meeting of 24 November 2010.

KAM’s amendment:

  1. Amended “producer responsibility should be promoted, and producer responsibility schemes for waste electrical and electronic products should be expeditiously implemented; the scope of product eco-responsibility, and present efforts in recovering recyclable waste should be extended, and the use of green products by society should be encouraged; under the ‘polluter pays’ principle, the Government should actively study various financial means, such as the provision of financial incentives or the imposition of levies, etc., to encourage and motivate the public to more proactively practice waste reduction at source, waste separation and recycling in their daily life;”
  2. Added “studies should be conducted on the establishment of a licensing system for waste recovery operators and the allocation of space in some existing refuse collection points for use by waste recovery operators, so as to reduce nuisance to local communities;”
  3. Added “studies should be actively conducted on the designation of test points in various districts and the provision of land and financial incentives to people and organizations of local communities and social enterprises, so as to encourage residents in various districts to participate in the development of waste recovery and recycling industries;”
  4. Added “the development of the EcoPark should be expedited to provide waste recovery and recycling operators with supporting infrastructure facilities, so as to attract more interested operators to participate; and”
  5. Added “the relevant publicity and public education work should be strengthened to increase the public awareness and understanding of the advantages and importance of waste reduction at source and the recovery, separation and recycling of waste.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed: http://www.legco.gov.hk/yr10-11/english/legco_rpt/legco_motion11261-e.pdf

 

Hon. KAM Nai-wai moved the motion on “Air pollution and public health” at the Council meeting of 8 December 2011.

Wording of the KAM’s Motion:
That, as the problem of air pollution in Hong Kong has continued to be serious, posing threats to public health, yet the Government has not updated Hong Kong’s Air Quality Objectives (‘AQOs’), and at present, many highly polluting franchised buses and lorries still run on the roads, continuing to emit exhaust gas, this Council expresses its disappointment in this regard; according to the statistics of the Hedley Environmental Index, in the first 10 months of this year, air pollution caused as many as 635 premature deaths and more than 4 million attendances of medical consultation in Hong Kong; given that air pollution has incurred huge monetary losses and social costs, this Council urges the Government to implement the following proposals, so as to expeditiously improve air quality for the protection of public health:
(a) to immediately update AQOs by adopting the most stringent standards of the World Health Organization’s air quality guidelines as Hong Kong’s AQOs, and undertake to review AQOs regularly in the future;
(b) by way of financial subsidy or franchise extension, to push ahead the early phasing out and replacement of franchised buses with high emissions, so as to improve roadside air quality, and immediately install emission reduction devices on all buses that have not been phased out or replaced;
(c) to enhance the scheme for the replacement of Euro II diesel commercial vehicles mentioned in the Budget of this year, including placing Pre-Euro and Euro-I vehicles under the scheme and allowing those vehicle owners who only write off their vehicles to receive subsidies under the scheme;
(d) to increase the number, usage and types of electric vehicles; improve and strengthen support facilities to tie in with the introduction of electric vehicles by, for example, actively discussing with various developers the provision of recharging facilities for electric vehicles in the car parks of their properties; and expeditiously study amending the legislation to expedite and streamline the procedure for electric vehicle drivers to apply for the permit to drive on expressways, so as to assist in popularizing electric vehicles;
(e) to urge bus companies to expand and increase the provision of interchange concessions and services which appeal to passengers, and to expedite the reorganization and improve the arrangement of bus routes, with a view to avoiding the overlapping of bus routes, relieving traffic congestion and reducing air pollution;
(f) to expeditiously implement the proposal of designating ‘low emission zones’, so as to restrict the entry of vehicles with high emissions into designated areas;
(g) in respect of the situation where the Air Pollution Index reaches the ‘extremely severe’ level, to formulate specific guidelines, including implementation of measures to suspend schools and arrange for workers who need to work outdoors for long hours to suspend work, etc., so as to protect the health of school children and the socially disadvantaged, such as people with chronic illness, the elderly and workers working outdoors, in situations where the pollution is serious;
(h) when formulating measures to improve air pollution, to adopt the latest objectives and benchmarks of the World Health Organization, and evaluate the effectiveness of each measure in improving public health,
and set improving public health as the primary policy objective in addressing the problem of air pollution; and
(i) to recognize that air pollution is a public health issue, and require accountable officials from the Food and Health Bureau to participate in the formulation of policies on improving air quality.
(http://www.legco.gov.hk/yr10-11/english/counmtg/motion/m_papers/cm1208cb3-237-e.pdf)

The KAM’s original motion as amended was passed.

Wording of the motion passed: http://www.legco.gov.hk/yr10-11/english/legco_rpt/legco_motion1210-e.pdf

 

Hon. KAM Nai Wai moved amendment to the motion on “Reviewing the policy on nature conservation” at the Council meeting of 8 December 2011.

KAM’s amendment:

  1. Amended “That many land lots with high ecological value have been damaged in recent years, this Council urges the Government to expeditiously review the existing policy on nature conservation and formulate appropriate measures, including: setting up a community-led and government-supported nature conservation fund; conducting comprehensive studies and consultation on putting in place a compensation mechanism for cases in which the land lots have been frozen for development due to nature conservation and have established development rights according to law, so as to enable the public to put forward their views on the substantial social resources incurred by such a compensation mechanism; immediately implementing planning control on ‘enclaves’ adjacent to country parks; requiring developers, upon the expiry of the planning permission and building plan approval, to apply afresh for development permission according to the existing conservation requirements in respect of projects yet to be commenced; plugging the loophole that developers can undertake large-scale developments by acquiring small house concessionary rights; and increasing the penalties for property owners and liable persons who carry out unlawful development and cause land damage in contravention of the law, so as to properly conserve land lots with high ecological value and picturesque sceneries.”

KAM’s amendment to original motion was negatived as it was not passed in the Functional Constituencies.

(Voting Result: http://www.legco.gov.hk/yr10-11/english/counmtg/voting/v2010120812.htm)

Hon. KAM Nai-wai moved the motion on “Promoting long-term sports development” at the Council meeting of 5 January 2011.

Wording of the KAM’s Motion:
That the Hong Kong Government has decided to bid to host the 2023 Asian Games, but it has not put forward any blueprint for long-term sports development, in that it lacks commitment to promote community-wide participation in sports and has no plan to improve training for local athletes, this Council expresses disappointment in this regard; following the Government’s failure to bid to host the 2006 Asian Games 10 years ago, it has failed to honour its undertaking of building sports venues, and the hosting of the 2009 East Asian Games did not foster a culture of promoting community-wide participation in sports, this Council considers that the Hong Kong Government should formulate and implement a long-term policy on sports, enhance training for local athletes and treat them well, take concrete steps to promote sports for
all, and establish a sound administrative structure for sports; in this connection, this Council urges the Government to implement the following measures:
(a) to draw up a 10-year blueprint for sports development, set objectives for community-wide participation in sports, and undertake planning for local athletes’ training; regardless of whether the bid to host the Asian Games is successful or not, the Government should allocate $6 billion for establishing a ‘Sports Fund’, with a view to promoting the policy on community-wide participation in sports and enhancing training for local
athletes;
(b) to establish a mechanism for protecting current and retired athletes, provide scholarships for their pursuit of further studies overseas or locally, and put in place measures to ensure their employment; and by
making reference to overseas experience, to provide commercial organizations with tax concessions, so as to encourage the trades to employ current or retired athletes;
(c) to allocate funds for supporting athletes’ after-training academic learning, with a view to providing them with learning assistance in foundation academic subjects, and to hold discussions with universities on allocating additional resources for providing places specifically for athletes;
(d) to construct more district sports facilities and venues, and allow members of the public and students to have priority in using such utility-based district sports venues, thereby promoting sports for all;
(e) to improve students’ opportunities to participate in sports, including increasing the number and duration of physical education lessons in secondary and primary schools, so as to cultivate students’ interest in
sports;
(f) to make accurate and precise estimation on the costs of constructing sports venues and submit them to the Legislative Council for scrutiny, so that this Council can scrutinize the Government’s applications based
on the needs for the development of sports for all and elite sports in different districts; and
(g) to reform the Sports Federation and Olympic Committee of Hong Kong, China and the various National Sports Associations by requiring them to introduce professional administrative management and increase transparency of their finances, as well as to establish reasonable selection and appeal mechanisms, so as to ensure fair treatment of all athletes.
(http://www.legco.gov.hk/yr10-11/english/counmtg/motion/m_papers/cm0105cb3-339-e.pdf)

The KAM’s original motion as amended was passed.

Wording of the motion passed: http://www.legco.gov.hk/yr10-11/english/legco_rpt/legco_motion01072-e.pdf

 

Hon. KAM Nai Wai moved amendment to the motion on “Formulating a development strategy for a low-carbon traffic and transport system” at the Council meeting of 1 June 2011.

KAM’s amendment:

  1. Amended “That, given that traffic and transport, which accounts for 18% of Hong Kong’s total greenhouse gas emissions, is the second largest emission source;, but the Government has all along not adopted any decisive, effective and focused measures in this connection, this Council urges the Government to formulate a development strategy for a low-carbon traffic and transport system as soon as possible, so as to fully implement the sustainable development principle, and when formulating the strategy concerned, the relevant authorities should proactively consider the various development objectives, including the following:”
  2. Amended “to install additional ancillary interchange facilities at the stations along the railway lines; to proactively study the provision of private car parking spaces for establishing ‘Park and Ride’ points at the stations along the various cross-harbour MTR lines, so as to encourage people to park their cars at such stations and change to travel on public transport to cross the harbour, thereby alleviating the burden on the traffic flow of the various tunnels;”
  3. Amended “on the premise of not exerting pressure on passengers’ affordability, to implement the use of zero-emission buses in Hong Kong; to urge bus companies to expand and increase the provision of interchange concessions and services which appeal to passengers, and expedite the reorganization and perfect the arrangement of bus routes, so as to avoid the overlapping of bus routes, relieve traffic congestion and reduce air pollution;”
  4. Added “focusing on the situation where the Government has all along not attached any importance to the roles and functions of travelling on foot and cycling in the traffic and transport system of Hong Kong, to include travelling on foot and cycling in the formulation and planning of its overall transport policy, so as to truly foster the development of a low-carbon traffic and transport system, while at the same time proactively develop and improve the footbridge and subway networks in the districts, as well as install covers, escalators and lifts along district pedestrian walkways to minimize conflicts between pedestrians and vehicular traffic;”
  5. Added “focusing on the Government’s stance that cycling is only a form of recreational activity, to formulate a long-term cycling policy and perfect bicycle management facilities (such as cycle parks) and their operation in the various districts;”
  6. Added “by way of financial subsidy or franchise extension, to push ahead the early phasing out and replacement by bus companies of franchised buses with high emissions, and immediately install emission reduction devices on all buses that have not been phased out or replaced; and”
  7. Added “to increase the number, usage and types of electric vehicles; and also to perfect and strengthen complementary facilities to tie in with the introduction of electric vehicles.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed: http://www.legco.gov.hk/yr10-11/english/legco_rpt/legco_motion06021-e.pdf

 

Hon. KAM Nai Wai moved amendment to the motion on “Perfecting tree management system” at the Council meeting of 15 June 2011.

KAM’s amendment:

  1. Amended “study establishing a trees and greening conservation fund to offer funding on a ‘dedicated-funds-for-dedicated-uses’ basis for application by various types of organizations or institutions, including civil society institutions, so as to conserve trees and valuable trees which are beneficial to the community and which are grown on non-government land (for example, the land under the Hong Kong Housing Authority, the Hong Kong Housing Society and public organizations, as well as private land of public welfare purposes) and not managed by the Government; this fund may also be used to increase resources for green planning, tree preservation and, tree risk management, public education and the promotion of green tourism;”
  2. Amended “study enacting specific legislation on tree management, establish a comprehensive legal framework, and formulate various policies and measures on tree preservation and management, including the setting of penalties for prohibiting any persons from felling, transplanting, trimming or damaging trees without authorization, so as to ensure that trees can receive comprehensive and appropriate protection;”
  3. Amended “formulate a comprehensive green planning system, and comprehensively examine the greening arrangements in Hong Kong; review and increase the green belts as provided in the statutory town plans of Hong Kong (especially the urban areas);”
  4. Added “study establishing a tree protection and observation team in various districts; and”
  5. Added “implement a tree adoption scheme to put community-wide tree observation into action; at the same time, invite relevant professionals to provide the public with tree protection knowledge and training.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed: http://www.legco.gov.hk/yr10-11/english/legco_rpt/legco_motion0616-e.pdf

 

Hon. KAM Nai Wai moved amendment to the motion on “Perfecting harbourfront planning and management in all districts of Hong Kong” at the Council meeting of 13 July 2011.

KAM’s amendment:

  1. Added “when adopting the public-private-partnership approach for putting harbourfront construction and management under private development projects, to ensure that harbourfronts are accessible, and the public can freely enjoy harbourfronts without unreasonable restrictions; and”
  2. Added “to expeditiously resolve the problem of harbourfront areas being used by public facilities or falling within privately-owned land, so that more harbourfront lands can be linked up to form harbourfront promenades for public enjoyment.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed: http://www.legco.gov.hk/yr10-11/english/legco_rpt/legco_motion07153-e.pdf

 

Year 2009 - 2010

Hon. KAM Nai Wai moved amendment to the motion on “Actively responding to the United Nations Climate Change Conference 2009” at the Council meeting of 2 December 2009.

  1. Amended “That this Council appeals to the governments of various countries to strive to reach a new agreement on addressing climate change at the United Nations Climate Change Conference 2009, and urges the Hong Kong Government to grasp this critical moment to shoulder responsibility and put forward comprehensive policies and plans to address climate change (including regulating the emission of carbon dioxide from power plants) as well as the medium and long-term reduction targets for total greenhouse gas emissions, and formulate a bill on climate change as well as study how to assist developing countries in implementing the measures and financing arrangements for reducing emissions and adapting to climate change.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr09-10/english/legco_rpt/legco_motion1203-e.pdf

Hon. KAM Nai Wai moved amendment to the motion on “Formulating a comprehensive youth policy” at the Council meeting of 3 February 2010.

  1. Amended “That the youth are the future of our community, yet, in the face of persistently high unemployment rate among the youth, shrinking opportunities for social mobility and the increasingly serious inter-generational poverty problem, coupled with the unclear objectives of the youth services provided by various government bureaux, in particular the lack of opportunity for the youth to participate in social development, the development potential of the youth is subject to many constraints; this Council urges the Government to immediately consult the youth through various channels to formulate a comprehensive and forward-looking youth policy, which encompasses different areas such as subsidizing university education, providing assistance in employment and training, and enhancing social services and leisure and cultural measures, so as to enable the youth to utilize their creativity and vitality, develop an international outlook, establish proper values, strive for social justice and equality, stay away from gambling, drugs and compensated dating, etc., as well as coordinate the work of the relevant bureaux and executive departments, so as to consolidate the existing youth services to meet their needs; in addition, the Government should provide a platform for the youth to participate in social affairs, which includes providing for a self-nominating process to enable youth representatives to recommend themselves for joining advisory committees and statutory bodies, and respect and listen to the views and needs of the youth, so as to enable them to actively participate in social development and establish their goals in life.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr09-10/english/legco_rpt/legco_motion02053-e.pdf

Hon. KAM Nai Wai moved amendment to the motion on “Advocating a low carbon life” at the Council meeting of 10 March 2010.

  1. Amended “That, as the Hong Kong economy is gradually showing signs of recovery, and the Financial Secretary has also forecast a surplus of $19 billion in the Operating Account for 2009-10 in the 2010-11 Budget, the Government has the responsibility to allocate more resources to actively motivate people and enterprises to save energy and protect the environment, and to address global climate change by developing a green economy and leading a low carbon life; in this connection, this Council urges the SAR Government to lead Hong Kong to become a low carbon city through comprehensive policies and setting work targets and timetables, and the relevant measures should include:”
  2. Amended “to actively develop green transportation, including electric vehicles, and expand cycling tracks, improve and develop footbridge and subway networks, and encourage people to make more use of public transportation and mass transit systems, so as to reduce carbon emissions arising from transport needs;”
  3. Added “to expeditiously legislate to ban idling vehicles with running engines, subsidize franchised bus companies to replace their high-polluting old-model vehicles, designate ‘low emission zones’ in areas with serious air pollution and restrict the entry of heavy diesel vehicles with high emissions into such zones, so as to improve roadside air quality;”
  4. Added “to adopt the World Health Organization’s Air Quality Guidelines for setting air quality benchmarks and the timetable for achieving such benchmarks, and amend the Air Pollution Control Ordinance to make ‘protecting public health’ a statutory requirement; and”
  5. Added “to expeditiously and directly subsidize people to use compact fluorescent lamps and other energy-saving products.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr09-10/english/legco_rpt/legco_motion03111-e.pdf

Hon. KAM Nai-wai moved the motion on “Improving air quality” at the Council meeting of 5 May 2010.

Wording of the KAM’s Motion:
That air quality in Hong Kong is deteriorating by the day, posing a serious threat to public health, and during the onslaught of ‘sandstorm’ earlier, many districts recorded an Air Pollution Index (‘API’) reading at the ‘severe’ level of 500; the ‘sandstorm’ has not only exposed the ‘belated awareness’ of the Administration, but also highlighted the shortcomings in its early warning mechanism; quite a number of local and overseas studies have pointed out the close relationship between the severity of air pollution and the mortality rate; in this connection, this Council requests the Administration to make protection of public health its primary policy objective in tackling the problem of air pollution, and urges it to:
(a) immediately conduct a review on its sluggish response in this ‘sandstorm’ incident, and improve the early warning mechanism and warning signals, so as to enable members of the public to be aware of the warning messages about air quality as early as possible;
(b) in respect of the situations where API reaches ‘extremely severe’ and ‘severe’ levels, formulate specific guidelines, including implementation of measures to suspend schools and arrange for workers who need to work outdoors for long hours to suspend work, etc. so as to protect the health of school children and the underprivileged, such as people with chronic illness, the elderly and workers working outdoors, in situations where the pollution is serious;
(c) designate ‘low emission zones’ in areas with serious air pollution and restrict the entry of heavy diesel vehicles with high emissions into such zones, so as to improve air quality at the street level;
(d) provide funding support for the franchised bus companies to scrap and replace earlier their franchised buses with high emissions, such as buses which are Euro II or below, so as to improve roadside air quality;
(e) adopt the most stringent standards of the World Health Organization’s air quality guidelines as Hong Kong’s air quality objectives, and undertake to conduct regular review of the objectives in the future;
(f) improve the ‘To Replace Pre-Euro and Euro I Diesel Commercial Vehicles by New Commercial Vehicles - Incentive Scheme’ and the scheme for the replacement of Euro II diesel commercial vehicles mentioned in the Budget of this year, including allowing those vehicle owners who just write off their vehicles to receive subsidies under the schemes; and
(g) strengthen the co-operation and co-ordination with Guangdong Province on the improvement of air quality, including improving mutual notification and early warning mechanisms.
(http://www.legco.gov.hk/yr09-10/english/counmtg/motion/m_papers/cm0505cb3-617-e.pdf)

The KAM’s original motion as amended was passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr09-10/english/legco_rpt/legco_motion05062-e.pdf

 

Hon. KAM Nai Wai moved amendment to the motion on “Utilizing young people's power of civic participation” at the Council meeting of 7 July 2011.

KAM’s amendment:

  1. Added “to establish afresh the youth councils in the 18 districts, and to set up a permanent mechanism for schools and youth organizations of the respective districts to send young people as delegates, so as to effectively promote youth activities and services in the districts;”
  2. Added “to hold more youth forums, so that young people can put forward their opinions to officials in person and the Government can listen to various voices of young people; and”
  3. Added “to review the structure and operation of the Commission on Youth, and to assess its effectiveness in promoting youth affairs, as well as to implement a self-nominating mechanism for young people to join the Commission, so as to enhance their chances of participation and the Commission’s recognition.”

KAM’s amendment to original motion was negatived as it was not passed in the Functional Constituencies.

(Voting Result: http://www.legco.gov.hk/yr09-10/english/counmtg/voting/v201007073.htm)

 

Year 2008 - 2009

Hon. KAM Nai Wai moved amendment to the motion on “Assisting the victims of the Lehman Brothers incident” at the Council meeting of 22 October 2008.

KAM’s amendment:

  1. Amended “That, under the existing financial monitoring mechanism, there is still a large number of bank clients and investors complaining against the banks and securities companies using misleading marketing practices, which have led to their purchasing of financial products such as Lehman Minibonds and notes without knowing the potential risks, resulting in their suffering substantial losses when the company went bankrupt; this incident has not only caused many members of the public to lose confidence in the above financial institutions and the system for monitoring banks and the financial system, but has also seriously affected Hong Kong’s reputation as an international financial centre; in this connection, this Council condemns the Government for its inadequate monitoring, and urges the Government to immediately take the following actions:”
  2. Added “urging distributors to expeditiously disclose information on the underlying assets of Lehman Minibonds or related financial products, including the nature of the underlying assets, their prices and liquidity;”
  3. Amended “expeditiously completing a comprehensive investigation into whether the distributors of Lehman Minibonds and related financial products have violated the relevant regulatory rules or guidelines, including whether these distributors have used improper sales practices to mislead the investors, and whether they have breached the regulations or deviated from the guidelines, and expeditiously disclose the nature and number of cases involving improper sales practices and violation of and deviation from the guidelines; if it is proved that they have violated the relevant rules or guidelines, the Government should pursue the matter and seek compensation on behalf of the victims;”
  4. Added “urging the Police to expeditiously complete their investigations for the authorities concerned to institute prosecutions against illegal acts, so as to severely penalize such acts;
  5. Added “urging various distributors to expeditiously propose to their clients compensation options for improper sales practices and violation of regulations;”
  6. Added “with reference to the practice of Singapore in handling disputes resolution in the financial sector, considering the setting up of an independent commission or institution to provide one-stop service for disputes resolution, so as to enable the victims to seek compensation through such means as mediation and adjudication;”
  7. Amended “at the same time conducting an investigation into whether there is dereliction of duty on the part of the Financial Secretary, the Financial Services and the Treasury Bureau, the Hong Kong Monetary Authority and the Securities and Futures Commission in this incident, and making recommendations on how to improve the mechanism for monitoring the sales of financial products, strengthen the protection of investors’ interests and prevent the recurrence of similar incidents.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr08-09/english/legco_rpt/legco_motion10231-e.pdf

Hon. KAM Nai Wai moved amendment to the motion on “Formulating a roadmap for a low carbon economy” at the Council meeting of 26 November 2008.

  1. Amended “expeditiously formulating standardized arrangements for grid connection, allowing electricity trading between users and power companies, and encouraging the use of renewable energy power facilities by various sectors of the community;”
  2. Added “studying cooperating with Guangdong Province in developing wind farm projects to promote the use of renewable energy;”
  3. Added “installing solar power facilities on the roofs of newly built public housing blocks and covered pedestrian walkways, and encouraging private developers to introduce related facilities;”
  4. Added “implementing the promotion of the first stage of ‘low emission zones’ in Hong Kong in 2010;”
  5. Added “setting up a data bank on energy efficiency of vehicles covering the data on greenhouse gas emissions; and”
  6. Amended “tightening the current standards of the Air Quality Objectives to expeditiously align them with the World Health Organization Air Quality Guidelines, raising them to the standards adopted by the European Union by 2012, and implementing the standards prescribed by the World Health Organization by 2015.”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr08-09/english/legco_rpt/legco_motion11271-e.pdf

Hon. KAM Nai-wai moved the motion on “Air pollution and public health” at the Council meeting of 7 January 2009.

Wording of the KAM’s Motion:
“That air pollution in Hong Kong has been worsening in recent years, posing an increasing threat to people’s health, but the Government still uses the first stage objectives of the World Health Organization (“WHO”) as the goals of the reform in its recent review of Air Quality Objectives, this Council expresses disappointment at this; quite a number of overseas studies nowadays have proved that serious air pollution will increase death rates as well as direct and indirect medical costs, and result in a loss in productivity, in this connection, this Council urges the Government to:
(a) establish a “smog alarm system” and formulate guidelines and corresponding measures for the alarm system, so as to enable the public to know more about the impact of air pollution on health;
(b) adopt the latest objectives of WHO as the benchmark for formulating measures to improve air pollution, evaluate the effectiveness of each of these measures in improving public health, and set improving public health as the primary policy objective in addressing the problem of air pollution;
(c) conduct a long-term tracking study to accurately calculate the loss of life expectancy in the territory resulting from air pollution, as well as the impact of air pollution on the health of people of different ages (including the elderly and children) and on those suffering from various forms of respiratory illnesses and cardiovascular diseases in the territory, so as to provide reference data for formulating long-term policies; and provide financial support to those academic institutions and non-profit-making bodies which are interested in conducting the above study;
(d) in conducting the review of Air Quality Objectives, entrust the Food and Health Bureau with the responsibility of assessing whether the intended benefits to public health as a result of the implementation of new Air Quality Objectives have been achieved and, based on the assessment results, formulate the guiding framework, timetable and corresponding air quality improvement measures for implementing the new Air Quality Objectives;
(e) continue to implement measures to regulate the emission standards of vehicles in areas with busy traffic, develop footbridge networks and encourage the public to use mass transit systems;
(f) improve the subsidy scheme for owners of commercial diesel vehicles to replace such vehicles with new ones and attract more owners to participate in the scheme, as well as expand the subsidy scheme to cover franchised buses; and
(g) gradually implement the mandatory Building Energy Codes and mandatory energy efficiency labelling for electrical appliances, and expeditiously set the caps on the emissions of air pollutants from power companies for the next stage, so as to reduce pollution caused by generation of electricity.”
(http://www.legco.gov.hk/yr08-09/english/counmtg/motion/m_papers/cm0107cb3-255-e.pdf)

The KAM’s original motion as amended was passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr08-09/english/legco_rpt/legco_motion0108-e.pdf

Hon. KAM Nai Wai moved amendment to the motion on “Promoting green economy” at the Council meeting of 6 May 2009.

  1. Added “the quality of Hong Kong’s environment keeps deteriorating in recent years, coupled with the dire lack of government input into the environmental protection industry,”
  2. Added “complementing the promotion of green economy through policy changes, including, in the transport aspect, providing subsidies for franchised bus companies to replace old vehicles;”
  3. Added “providing relevant facilities for the introduction of electric vehicles, including providing adequate charging apparatuses and constructing plants for manufacturing vehicle batteries;”
  4. Added “operating the EcoPark in the mode of an industrial estate, flexibly adjusting the areas of lands for lease according to the needs of the applicants, and leasing the lands at low rents so as to attract investors in the environmental protection industry;”
  5. Added “encouraging the development of a waste recovery economy, establishing a licensing regime for waste collectors and providing operation space, tax concession as well as technical support for waste collectors; and”

The KAM’s amendment and the original motion as amended were passed.

Wording of the motion passed:

http://www.legco.gov.hk/yr08-09/english/legco_rpt/legco_motion05071-e.pdf

Bills Committees

The Government is primarily responsible for proposing new legislation or amendments to existing legislation, in the form of bills which are considered by the Council for enactment. Subject to meeting certain conditions, Members of the Council may also introduce bills into the Council.

When a bill has been given three readings, it becomes an Ordinance enacted by the Legislative Council. Unless a later date is specified, it may take effect after it has been signed by the Chief Executive and published in the Gazette.

In the year 2008-2012, Hon. KAM Nai-Wai moved his proposed amendments to the Bills – “Mandatory Provident Fund Schemes (Amendment) (No. 2) Bill 2011”, “Road Traffic (Amendment) Bill 2011”, “Buildings (Amendment) Bill 2010” and “Buildings Energy Efficiency Bill”. Also, Hon. KAM Nai-Wai proposed resolution under the Interpretation and General Clauses Ordinance to resolve that the Public Revenue Protection (Motor Vehicles First Registration Tax) Order 2011, published in the Gazette as Legal Notice No. 33 of 2011 and laid on the table of the Legislative Council on 2 March 2011, be repealed.

Mandatory Provident Fund Schemes (Amendment) (No. 2) Bill 2011

Bills Committee on Mandatory Provident Fund Schemes (Amendment) (No. 2) Bill 2011 - Website

Amendment to be moved by Hon. KAM Nai-Wai (http://legco.gov.hk/yr11-12/english/counmtg/papers/cm0606cb3-845-e.pdf)

Clause

Amendment Proposed

20

By deleting the clause and substituting-
“20. Section 45G amended (right to bring civil proceedings to recover financial loss)
After section 45G(1)-
        Add
“(1A)       Despite subsection (1), if a person who has sustained financial loss that is attributable to the failure of another person to perform a duty, or to comply with a requirement or standard, imposed on that other person by or under Part IVA, the Authority may allow the person to bring proceedings before the Authority to recover from that other person the amount of that loss as damages and make awards as if the proceedings were in a court of competent jurisdiction.”.”.

20

  1. By renumbering the clause as clause 20(1).
  2. By adding-

“(2)     After section 45G(1)-
ADD

“(1A)      A person who has sustained financial loss that is attributable to the failure of another person to perform a duty, or to comply with a requirement or standard, imposed on that other person by or under Part IVA is entitled, by proceedings brought in a court of competent jurisdiction, to recover from that other person the amount of that loss as damages.”.”.

Voting Result:
In Council Meeting on 21 June 2012, the TWO amendments to be moved by Hon. KAM Nai-Wai were negatived.
(Voting Result: http://legco.gov.hk/yr11-12/english/counmtg/voting/v201206207.htm and http://legco.gov.hk/yr11-12/english/counmtg/voting/v201206208.htm)

Buildings (Amendment) Bill 2010

Bills Committee on Buildings (Amendment) Bill 2010 - Website

Amendment to be moved by Hon. KAM Nai-Wai (http://legco.gov.hk/yr10-11/english/counmtg/papers/cm0629cb3-964-e.pdf)

Clause

Amendment Proposed

19

In the proposed section 30D, by adding -
“(2A)         A registered inspector appointed under subsection (1)(a) or (b) must comply with the practice note for registered inspectors regarding the prescribed inspection or supervision of the prescribed repair relating to the best practices on tendering procedures for engagement of registered inspectors and registered contractors.”.

19

In the proposed section 30E, by adding -
“(1B)       A qualified person appointed under subsection (1)(a) or (b) must comply with the practice note for qualified person regarding the prescribed inspection, prescribed repair or supervision of the prescribed repair relating to the best practices on tendering procedures for engagement of qualified persons and registered contractors.”.

27(8)

Before the proposed section 40(2AD), by adding -
“(2ADA)    Any registered inspector or qualified person who contravenes section 30D(2A) or 30E(1B), as the case may be, commits an offence and is liable on conviction ―

  1. In the case of a prescribed repair (other than minor works), to a fine at level 5; or
  2. In the case of a prescribed repair that is minor works, to a fine at level 4.”.

Voting Result:
In Council Meeting on 29 June 2011, the amendment to be moved by Hon. KAM Nai-Wai was negatived.
(Voting Result: http://legco.gov.hk/yr10-11/english/counmtg/voting/v201106292.htm)

Buildings Energy Efficiency Bill

Bills Committee on Buildings Energy Efficiency Bill - Website

Amendment to be moved by Hon. KAM Nai-Wai (http://legco.gov.hk/yr10-11/english/counmtg/papers/cm1124cb3-207-e.pdf)

Clause

Amendment Proposed

Schedule 2, item 6

  1. By deleting paragraph (b).
  2. In paragraph (d), by deleting “,(b)”.

Voting Result:
In Council Meeting on 24 November 2010, the Secretary for the Environment’s amendment to Schedule 2 was passed. So Hon. KAM Nai-wai may not move his amendment。
(Voting Result of the Secretary’s amendment: http://legco.gov.hk/yr10-11/english/counmtg/voting/v201011243.htm)

Road Traffic (Amendment) Bill 2011

Bills Committee on Road Traffic (Amendment) Bill 2011 - Website

Amendment to be moved by Hon. KAM Nai-Wai (http://legco.gov.hk/yr11-12/english/counmtg/papers/cm1214cb3-249-e.pdf)

Clause

Amendment Proposed

14

In the proposed section 39J(1)(a), by deleting “level 4” and substituting “level 5”.

14

In the proposed section 39J(1)(a), by deleting “3 years” and substituting “5 years”.

14

In the proposed section 39N(1)(a), by deleting “level 4” and substituting “level 5”.

14

In the proposed section 39N(1)(a), by deleting “3 years” and substituting “5 years”.

14

In the proposed section 39R(1)(a), by deleting “level 4” and substituting “level 5”.

14

In the proposed section 39R(1)(a), by deleting “3 years” and substituting “5 years”.

Voting Result:
In Council Meeting on 14 December 2011, the amendment to be moved by Hon. KAM Nai-Wai was negatived.
(Voting Result: http://legco.gov.hk/yr11-12/english/counmtg/voting/v201112142.htm)

Public Revenue Protection (Motor Vehicles First Registration Tax) Order 2011

Proposed resolution under the Interpretation and General Clauses Ordinance

Hon KAM Nai-wai to move the following motion:
“Resolved that the Public Revenue Protection (Motor Vehicles First Registration Tax) Order 2011, published in the Gazette as Legal Notice No. 33 of 2011 and laid on the table of the Legislative Council on 2 March 2011, be repealed.”

Voting Result:
In Council Meeting on 4 May 2011, the amendment to be moved by Hon. KAM Nai-Wai was negatived.
(Voting Result: http://legco.gov.hk/yr10-11/english/counmtg/voting/v201105042.htm)