Kai Tak Cruise Terminal Bill （2016/06/02）

MR YIU SI-WING (in Cantonese): Deputy President, the Kai Tak Cruise Terminal (KTCT) is an important infrastructure that can be regarded as the best cruise terminal in Hong Kong now. As we have noted, the number of cruise ships visiting Hong Kong has been on the rise in recent years. With the increase in the arrivals of cruise ships, visitors to the terminal, including members of the public, will also engage in activities in the area. At present, the security arrangements in the KTCT are governed by the Port Facility Security Plan (PFSP). However, the PFSP does not empower the Commissioner for Tourism (the Commissioner) and law enforcement agencies to take action against misconduct. If any offence is committed in the KTCT, jeopardizing the security and obstructing the normal operation of the terminal, the Commissioner and the law enforcement agencies, with the present power conferred under the PFSP, will be unable to take any action. Moreover, there is not any corresponding penalty which can be imposed on the offender. Neither has any penalty been set down for terrorist attacks mentioned by Mr WONG Kwok-hing just now, as well as such acts as hacking into the security system of computers and unauthorized entry into restricted areas.

Hence, the Kai Tak Cruise Terminal Bill (the Bill) seeks to establish a legal framework to provide legal backing for the operation, functions, use and management of the KTCT. Being a landmark tourist facility in Hong Kong, the KTCT will receive numerous tourists from places around the world. For this reason, it is necessary to prohibit any act which will jeopardize the security and operation of the terminal and regulate those acts which may cause nuisance or annoyance. I express my support for the principle of the Bill.

During the course of discussion in the Bills Committee, Members had the following concerns:

The first one was the definition of "cruise ship". The KTCT mainly provides berthing services for cruise ships. However, since the KTCT is an important tourist facility with the objective of promoting sightseeing and tourism, it is necessary to provide flexibility to allow the berthing of vessels other than cruise ships. For example, floating libraries, vessels serving the cruise ships and ferries providing feeder services for the KTCT should be included in the relevant berthing arrangement. Moreover, there is the upcoming "Kai Tak Fantasy" project. As the Secretary also knows, "Kai Tak Fantasy" is a project which mainly consists of aquatic activities. As a result, there will be vessels using the KTCT during the relevant aquatic activities. If the use of the KTCT is confined to cruise ships, it will restrict the right to use the terminal and waste the existing resources. For this reason, I consider Mr TO's proposal of confining the use of the KTCT to cruise ships as too conservative without considering the importance and practical use of the terminal. Hence, in my view, since these vessels are outside the definition of "cruise ship", it is necessary to confer certain powers on the Commissioner.

The purpose of the provision "includes any other vessel approved by the Commissioner for the purposes of this Ordinance" in the present Bill is to allow flexibility for the Commissioner to give approval for other vessels to use the KTCT. Members found that the original Bill did not clearly state that the Commissioner had such power. The Government has thus made an amendment to add clause 22A to the Bill to expressly empower the Commissioner to approve a vessel to be a cruise ship under the definition of "cruise ship" in clause 2 of the Bill, thereby refining the content of the existing provision. I welcome this amendment proposed by the authorities after accepting our advice.

There were also considerable arguments over the time of transferring or handing over a detained person. The second point which I would like to talk about is the time constraint on the Commissioner or an authorized officer in transferring a detained person. Clause 21 of the Bill provides that the Commissioner or an authorized officer has the power to detain a person suspected of committing an offence, and they must, "as soon as practicable" after detaining the person, take the person to a police station or deliver the person into the custody of a police officer. During the discussion in the Bills Committee, Mr TO considered that the detained person should be taken to a police station or delivered into the custody of a police officer immediately without delay, but the Bill had created a leeway for delay. That means he thought it would cause delay, and thus the expression "as soon as practicable" in clause 21(2A) of the Bill should be amended to "forthwith". In my view, however, the Commissioner or an authorized officer should be given certain flexibility. I consider that it is reasonable for the Bill to provide that the detained person shall be taken to a police station "as soon as practicable". In view of the actual circumstances of the KTCT, it is not practical to require an authorized officer to transfer the detained person forthwith. The area of the KTCT is vast. Those who have been to the terminal will know that to go from one end of it to the other end, it may take at least about 20 minutes even if we run, and it will probably take a longer time if we walk.

Given such a large area of the KTCT, coupled with a vast stretch of waters off the terminal and the different reasons for and circumstances of detention in each case, requiring the Commissioner or an authorized officer to take the detained person to a police station forthwith will bring considerable difficulties to their actual work and limit their enforcement power. Hence, I consider that the expression "as soon as practicable" is more practical because in many actual situations, there will be great restrictions if the expression "forthwith" is set down.

Eventually, combining the original wording of the Bill with Mr TO's suggestion, the Government replaced "as soon as practicable" with "to the extent practicable, forthwith". I do not quite agree with such an amendment made by the Government, but since the Government was willing to amend it, I could not help it. I hold that "as soon as" is a more realistic expression.

Deputy President, the KTCT is a landmark tourist facility with an advantageous geographical location which does not only provide berthing services. It is a very good venue where a large number of events such as exhibitions and concerts will be, and actually have been, held. For this reason, I do not think it should be merely regarded as a cruise terminal. Rather, it is an important venue for recreation and entertainment, as well as the holding of exhibitions or other events in the region.

The Bill provides a very important legal basis for the future operation, management and security of the KTCT, which is indeed vital to the regulatory control and long-term development of the KTCT. The Bill was drawn up with reference to the laws of other large-scale cross-boundary transport facilities in Hong Kong. During the scrutiny by the Bills Committee, Members made suggestions on revising the wording, approach and omission in the Bill, and some of them, as mentioned by me just now, were accepted by the Government.

I hope Members will support this Bill and allow its early passage. The KTCT will face keen competition in the future. The passage of the Bill will enable members of the public to understand the restrictions on the use of the terminal and facilitate its smooth operation. Be it in terms of hardware, software or statutory regulation, it will rank high in the region.

With these remarks, Deputy President, I support the Bill.