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Following is a question by the Hon Leung Kwok-hung and a reply by the Acting Secretary for Transport and Housing, Mr Yau Shing-mu, in the Legislative Council today (October 16):
Question:
Quite a number of members of the public have relayed to me that they are dissatisfied with the Government's performance in handling the aftermath of disasters. For instance, they are dissatisfied that the Government's attitude towards the Philippine authorities has been weak and feeble in the Manila hostage-taking incident, and that in the maritime disaster off Lamma Island on October 1 last year causing 39 deaths, the Government merely expressed perfunctory condolences and adopted delaying tactics in dealing with the related issue of responsibility, with no intention to seek justice for the victims and their families. Moreover, in his speech during the National Day Reception this year, the Chief Executive made no mention of the maritime disaster, and the Government did not organise any memorial activity on the first anniversary of the maritime disaster. In this connection, will the Government inform this Council:
(a) given that the Taiwanese authorities promptly put forward sanctions after the incident of a Taiwanese fisherman being shot dead by the Philippine law enforcement officers, whether the Government will impose all possible sanctions against the Philippine Government, so as to press the Philippine Government to admit responsibility and offer apologies and compensations to the victims of the Manila hostage-taking incident and their families; if it will, what sanctions will be imposed in the coming six months; if not, the reasons for that; whether it has assessed if the taking of a dilatory approach in handling the incident will render the victims and their families unable to hold the persons involved responsible within the statutory period;
(b) given that the Director of Marine has made an apology to the victims of the maritime disaster and their families, whether the authorities will demand the relevant heads of bureaux and departments to suspend duty immediately or even hold them accountable for the incident and require them to step down; if so, when this will be done; if not, the reasons for that; and
(c) whether the Government will publish within three months the internal investigation report regarding the maritime disaster; if it will, of the publication date; if not, the reasons for that, and whether the Government intends to take a dilatory approach to handle the incident so that the victims and their families are unable to hold the persons concerned legally responsible for the incident?
Reply:
President,
I would like to reply to the Member's question on behalf of the Secretary for Transport and Housing (STH) who is now on an overseas visit.
The Government attaches great importance to and is deeply concerned about the unfortunate incidents of the Manila hostage-taking incident and the vessel collision off Lamma Island. We have continued our efforts unceasingly in taking follow-up actions subsequent to the incidents. Immediate and appropriate support was made available to the injured and the families of the deceased after the incidents. In addition to providing the injured with the most suitable medical treatment, the families were offered assistance on burial matters, medical and psychological treatment, as well as emotional and financial support. On the vessel collision incident, the Social Welfare Department and the Transport and Housing Bureau (THB) have been keeping in touch with victims' family members and following up on their specific needs. STH had also met in person with the families concerned and offered condolences.
Regarding the Manila hostage-taking incident: the HKSAR Government is highly concerned about the incident. We understand the grief of the bereaved families, the injured and the whole society over the incident. Since the incident happened more than three years ago, we have been liaising continuously with the Central People's Government and the local Consulate General of the Philippines to urge the Philippine Government to seriously follow up and respond to the four requests of the injured and the families of the deceased, including apology, compensation, sanctions against officials responsible for the mishandling of the incident and devising and implementing effective measures to ensure the safety of tourists.
While attending the recently held Asia-Pacific Economic Cooperation (APEC) Economic Leaders' meeting, the Chief Executive relayed the requests of the injured and the families of the deceased to President Xi Jinping, who directed relevant authorities to follow up on the spot. Subsequently, when the Chief Executive met the President of the Philippines for the first time, he took the opportunity to request an official discussion about the hostage-taking incident, leading to the subsequent official meeting between the two sides. During the meeting with the President of the Philippines, the Chief Executive reiterated the four requests of the injured and the families of the deceased. He clearly expressed his disagreement with the view of the Philippine side that the incident had already been resolved. He reiterated that the relationship between Hong Kong and the Philippines would continue to be affected if the matter was not properly resolved. He stated that both sides should take appropriate actions so that Hong Kong and the Philippines could put behind the incident and once again work on developing the bilateral relationship. Both sides finally agreed to assign senior officials to discuss and continue to follow up on the incident.
Besides, the Ministry of Foreign Affairs of the People's Republic of China has issued a statement to express regret over the fact that the incident remained unresolved, and urged the Philippine Government to pay heed to the requests and concerns of the families of the victims, and make best endeavours to work out a proper solution. In addition, while attending meetings of the East Asian Leaders in Brunei, Premier Li Keqiang met and conveyed to the President of the Philippines that he was concerned that the Manila hostage-taking incident, which had remained unresolved for long, had aroused the sentiment of the Chinese citizens in particular the Hong Kong people. He urged the Philippine Government to pay high attention and solemnly handle the aftermath of the incident, so as to resolve the incident in a reasonable and appropriate manner as soon as possible.
We understand that the public is still dissatisfied with the Philippine Government for their refusal to admit its responsibility in the Manila hostage-taking incident. Although the meeting between the Chief Executive and the President of the Philippines has resulted in a small step forward, the HKSAR Government will continue to do its utmost to follow up the incident by taking all practical actions in a just and systematic manner, with a view to meeting the requests of the injured and the families of the deceased.
In respect of the vessel collision incident near Lamma Island on October 1, 2012, the Government still bears in mind the lesson learnt and will spare no efforts in taking forward the recommendations put forth by the independent Commission of Inquiry (CoI) and maritime experts. This year, on the eve of the first anniversary of the incident, the Chief Executive wrote in his blog to offer deep condolences to the families of the victims, and reiterated that the Government has been working earnestly in taking up follow-up actions. The suspension of this year's National Day fireworks display is an expression of the Government's solemn grief over the incident.
As the principal official with policy purview over transport matters, STH is responsible for overseeing the overall operation of the Marine Department (MD). For mistakes made in the past and long-standing malpractices, the STH, Professor Anthony Cheung Bing-leung, had publicly stated that he would take responsibility by personally chairing a steering committee to conduct a comprehensive systemic review and reform of the MD, and to oversee the Department in implementing various marine safety improvement measures. At the meeting of the Economic Development Panel of the Legislative Council on May 27, as the policy secretary in post, STH again extended apologies to the public and the families of the victims. He has also instructed the Permanent Secretary for Transport and Housing (Transport) to lead an internal investigation to identify responsibilities for any possible maladministration or dereliction of duty within the Department, and to ensure the investigation is comprehensive, thorough and fair.
I would like to point out that under Section 7 of the Commissions of Inquiry Ordinance, evidence given by any person before the Commission shall not be admissible against him in any civil or criminal proceedings by or against him. The THB Investigation Team can therefore only take the transcripts of hearings of the CoI as the starting point of the investigation. Evidence, however, has to be collected anew.
President, since its establishment in late June, the Investigation Team has been conducting its work in full swing without delay. The current investigation covers a considerable period of time and involves a large number of officers. The Investigation Team has to consult voluminous amount of files and documents in the MD that are dated back to as early as 1995 and 1996, and seek legal advice in the process. It has so far completed the general vetting of the files and documents, and asked relevant officers of MD by batches to provide information and attend individual interviews. The number of MD officers involved in the investigation is more than those testified before the CoI, including serving as well as retired officers in both directorate and non-directorate ranks. In the light of the complexity of the investigation, it is considered not appropriate to randomly set a fixed time-table. The Secretary nonetheless has reiterated that the investigation would be conducted at full speed and that accounts would be provided when there is substantive progress and outcome.
Furthermore, there are established guidelines and procedures on disciplinary actions against and interdiction of civil servants. If necessary, cases will be handled in accordance with the relevant regulations and procedures. THB will also seek the advice of the Civil Service Bureau when needs arise. We have always maintained that if the process of investigation reveals suspected crime, cases will be referred to the law enforcement agencies for immediate actions. THB will not defer until the completion of the entire investigation for such referrals. Indeed, the Secretary for Justice (SJ) has repeatedly stressed that the Department of Justice would deal with the criminal investigation and further prosecutions (if any) in a fair and impartial manner, irrespective of whether the persons investigated are government officials and irrespective of their positions.
Lastly, since it is learned that some families of the victims intend to initiate civil proceedings against the Government, facilitating arrangement has been made. SJ has delegated a government counsel to liaise and communicate with the legal representatives of the families. So far, the Legal Aid Department has approved 11 applications for assistance so that families of the victims might seek damages of the liability of the incident through legal procedures.
Ends/Wednesday, October 16, 2013
Issued at HKT 13:25
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