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15.4.2010
第四期通訊
9. 功能組別議員能吸納專業意見嗎？
有人說功能組別的存在，讓各專業界別的聲音能在立法會得到反映，改善施政的質素。他們的簡單論證，就是各功能界別代表在議會，可直接而又有效地對政府政策提供專業的意見。但是我們若檢視功能組別的組成，和功能組別議員過去在立法會的表現，所謂「吸納專業意見論」的謬誤便無所遁形。
先看看以下數字：
l 在2009年9月，保險業有12,940名從業員，但保險界功能界別的認可選民僅僅是141間保險公司代表（約佔1%）；
l 在2009年9月，金融服務業有118,337名從業員，但金融服務業功能界別的認可選民僅僅是578間金融服務業公司代表 (約佔0.49%)。
金融服務業是香港經濟支柱，上述兩個功能組別的從業員，都是香港社會的精英，擁有優良的專業知識、分析能力和國際視野。但荒謬的是，他們居然都被這個功能組別摒諸門外，由機構指派的代表透過公司票壟斷了選舉和被選權，他們的意見，又如何透過業界議員表達；而有識之士，又如何透過選舉進入議會？
10. 功能組別議員在議會作出專業貢獻嗎？
事實上，立法會討論的政策，無不涉及多個持份者的利益，例如，西九龍文化中心的計劃，就涉及文化、表演藝術、環境保育、交通、城市規劃及地區利益，並不是參考一兩個專業界議員的意見可以拍板。在西九龍文化中心的計劃中，我們看不到體育，文化，出版界別的立法會議員霍震霆有甚麼卓見，反而地區直選的議員們和民間團體就更加勤力，推動西九文化區的發展。漁農界代表黃容根，每年祇提一個議案，呼籲政府關注漁農界的利益，其他時間祇是跟功能組別議員大隊投票，對香港整體利益有甚麼建樹？
11. 功能組別議員有做好議員本份嗎?
功能組別議員有做好議員本份嗎? 我們從一些客觀數字分析。首先，讓我們看看直選和功能組別議員的出席立法會會議的比率：在2008/09立法年度，地區直選議員平均40.7次，功能組別議員平均39.1次，出席率最低的十位議員，有 9位是來自功能組別。
我們看看議員提出質詢次數：地區直選議員平均12.5次，功能組別議員平均8.3次，自動當選的14名功能組別議員，平均只有6.7次。
我們再看看提出動議和提出修正動議的比率：地區直選議員平均5.3次，功能組別議員平均只有2.6次，自動當選的14名功能組別議員，平均只有2次。
大家可以看到的是，大多數功能組別議員連基本的職務都未做好，遑論甚麼專業貢獻。另外，有14個功能組別的席位已經是自動當選產生，缺乏政治更替，沒有經過選賢與能的機制，何來會產生優秀的議員？
(答客問未完待續)
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Newsletter Issue #4
9. Do functional constituency legislators absorb opinions from the professionals?
Some people say the existence of functional constituencies is to allow the voices of various professional sectors can be reflected in the LegCo for the improvement the quality of governance. Their simple argument is that the functional constituency legislators in LegCo could provide professional advice, directly and effectively to the Government. But if we examine the composition of functional constituencies and the past performances of the functional constituencies legislators, the axiom of the so-called “provision of professional advice for the improvement of governance" could not be sustained.
Let’s take a look at the following figures once again:
l In September 2009, there are 12,940 practioners in the insurance sector, but there are merely 141 representatives from the corporate voters hold by the insurance companies which are belonged to the insurance functional constituency (approximately 1% of the total number of practioners in the insurance sector))
l In September 2009, there are 118,3367 practioners in the financial sector, but there are merely representatives of the corporate voter of 578 financial service companies (approximately 0.48% of the total number of practioners in the financial service sector))
The financial sector is the pillar industry of Hong Kong, the practioners of the two functional constituencies are the social elites of Hong Kong, they have possessed professional knowledge, analytical power and international mindset. But most ridiculously, they have been shunned out of the functional constituencies, the voting rights, as well as the rights for being voted has been dominated by the company votes from the institutions. How could their opinions to be reflected through the legislators from the sector concerned? And how could the professionals in those sector be able to express their opinion through the legislators of their sector. How could those which have adequate credentials be able to take a seat at the Legislative Council through election?
10. Do functional constituency legislators reflect contributions of the professionals?
Could the functional constituencies be able to select well-qualified legislators from the professional sectors and to make professional contributions?
In fact, vested interests are often been discussed when LegCo is discussing various policy issues. For example, the West Kowloon Cultural District project involves with cultural, performing arts, environment and conservation, traffic, urban planning and vested interests from various districts, it is not just a matter of opinion from one or two professional legislators. During the discussions regarding the West Kowloon Cultural District project, we could not be able to see what sort of “professional” views and ideas could legislator Timothy Fok from the Sports, Culture and Publishing Sector is able to provide on the issue? Those who are elected from the geographical constituencies are otherwise more diligent in promoting the development of the West Kowloon Cultural District. Wong Yung-kan from the Agricultural and Fisheries Sector merely tabling one motion each year on promoting the interests of the agricultural and fisheries sector, he casted his votes based upon the views of other members in the functional constituencies for all other issues. What achievements they have done for the facilitation of overall interests of Hong Kong?
11. Do the functional constituency legislators fulfill their duties well as legislators?
In order to answer the question whether the legislators from functional constituencies have fulfilled their duties well as legislators, let us take a look at the attendance rate of the legislators elected from geographical constituencies and from functional constituencies during the 2008/09 legislative year:
l Those who are elected from geographical constituencies attended the Legislative Council meetings on an average of 40.7 times, and the functional constituencies legislators attended an average of 39.1 times. Out of the 10 worst legislators with the lowest attendant rate, nine of them came from functional constituencies;
l Concerning the number of questions raised between geographical constituency members and functional constituency members: Those who are elected from the geographical constituencies asked an average of 12.5 questions, and the legislators from functional constituencies have merely asked 8.3 questions. The functional constituency legislators who are elected uncontested merely asked an average of 6.7 questions;
l Concerning the proportion of the tabling of motions and amendments to motions. The legislators who are elected from geographical constituencies tabled an average of 5.3 times, and the functional constituency legislators merely tabled an average of 2.6 times. For the 14 functional constituency legislators who are elected uncontested, they have merely tabled two motions.
Hence, we can all see that, most of the legislators from the functional constituencies have not fulfilled their basic duties, not to mention professional contributions. Also, 14 seats in the functional constituencies has been elected uncontested. The members of the functional constituencies are unwilling to make political change, and they were unable to elect the talented and the abled. Hence, how could the best-qualified legislators be elected?
(FAQ to be continued)
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