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LegCo to debate motion on seeking invalidation of decision of Standing Committee of National People's Congress and reactivating constitutional reform process
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The following is issued on behalf of the Legislative Council Secretariat:

     The Legislative Council (LegCo) will hold a meeting this Wednesday (February 4) at 11am in the Chamber of the LegCo Complex. During the meeting, Members will debate a motion on seeking the invalidation of the decision of the Standing Committee of the National People's Congress and reactivating the constitutional reform process.

     The motion, to be moved by Ms Cyd Ho, states: "That, as some members of the public are of the view that the decision made by the Standing Committee of the National People's Congress (NPCSC) on August 31 last year on Hong Kong's constitutional development (the August 31 Decision) throttles the room for implementing genuine universal suffrage and allows the nominating committee to screen persons seeking nomination as Chief Executive candidates in accordance with the will of Beijing, thereby rendering the election unable to precisely reflect people's genuine preference and reducing all voters in Hong Kong to voting tools, this Council will definitely veto the constitutional reform package constrained by the August 31 Decision of NPCSC; in this connection, this Council urges the Chief Executive to request the Central Government to seek the invalidation of the aforesaid decision of NPCSC by the National People's Congress, and to reactivate the statutory process for constitutional reform, with a view to expeditiously implementing the selection of the Chief Executive and the election of all Legislative Council Members by universal suffrage."

     Mr Alan Leong will move an amendment to Ms Cyd Ho's motion.

     Mr Charles Peter Mok will move a motion on comprehensively reviewing the provision on "access to computer with criminal or dishonest intent" under the Crimes Ordinance. The motion states: "That, when the Administration amended the Crimes Ordinance (Cap. 200) in 1993, the provision on 'access to computer with criminal or dishonest intent' (i.e. section 161) was added, with an aim to penalise access to a computer for acts preparatory to but falling short of the commission of a fraud; in recent years, to make prosecution easier, the Police have repeatedly abused section 161 to institute prosecutions against persons using computers or mobile devices to engage in acts which are not in violation of other legal provisions and against persons alleged to have contravened other legal provisions; such a practice has seriously distorted the legislative intent of section 161, and has turned this provision into a draconian law; in this connection, this Council urges the Administration to review and amend section 161 to make it applicable only to computer frauds, so as to protect people from unreasonable arrests and prosecutions."

     Ms Claudia Mo and Dr Elizabeth Quat will move separate amendments to Mr Charles Peter Mok's motion.

     Mr Andrew Leung will also move a motion under Rule 49E(2) of the Rules of Procedure. The motion states: "That this Council takes note of Report No. 11/14-15 of the House Committee laid on the Table of the Council on February 4, 2015 in relation to the subsidiary legislation and instruments as listed below:

(1) Waste Disposal (Designated Waste Disposal Facility) (Amendment) Regulation 2013 (Commencement) Notice 2014; and

(2) Waste Disposal (Refuse Transfer Station) (Amendment) Regulation 2013 (Commencement) Notice.

     Meanwhile, the Secretary for Labour and Welfare will move three proposed resolutions respectively under the Employees' Compensation Ordinance, the Pneumoconiosis and Mesothelioma (Compensation) Ordinance and the Occupational Deafness (Compensation) Ordinance to seek the Council's approval to amend the relevant Ordinances.

     On bills, Members will resume Second Reading debate on the Stamp Duty (Amendment) Bill 2014. If the Bill is supported by Members and receives its Second Reading, it will then go through the Committee stage and be read the third time.

     The Arbitration (Amendment) Bill 2015 and the Clearing and Settlement Systems (Amendment) Bill 2015 will be introduced into the Council for First and Second Readings. Second Reading debates on the bills will be adjourned.

     During the meeting, Members will ask the Government 22 questions on various policy areas, six of which require oral replies during the meeting.

     The agenda of the above meeting can be obtained via the LegCo Website (www.legco.gov.hk). Please note that the agenda is subject to change, and the latest information about the agenda could be found in the LegCo Website.

     Members of the public are welcome to observe the proceedings of the meeting from the public galleries of the Chamber of the LegCo Complex. They may reserve seats by calling 3919 3399 during office hours. Members of the public can also watch or listen the meeting via the web broadcast system on the LegCo Website.

Ends/Monday, February 2, 2015
Issued at HKT 18:47

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