Report of the Legislative Council Investigation Committee established
under Rule 49B(2A) of the Rules of Procedure in respect of
the Motion to censure Honourable KAM Nai-wai

March 2012

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TABLE OF CONTENTS




Page

Executive Summary


I - XI

Chapter 1 Introduction and Background


1 - 45

Chapter 2 Information and evidence relevant to the particulars of the misbehaviour set out in the Schedule to the censure motion


47 - 110

Chapter 3 Establishing the facts


111 - 150

Chapter 4 Whether the facts as established constitute grounds for the censure of Hon KAM Nai-wai


151 - 175

Chapter 5 Other observations and views of the Investigation Committee


177 - 184

Appendix 1.1 Wording of the motion to censure Hon KAM Nai-wai moved under Rule 49B(1A) of the Rules of Procedure by Hon Miriam LAU Kin-yee (IC Paper No. WM1(C))


185

Appendix 1.2 Rules in the Rules of Procedure related to the processing of censure motions


186 - 191

Appendix 1.3 Flow chart on the mechanism for the disqualification of Members from the office under Article 79(7) of the Basic Law


192

Appendix 1.4 Verbatim transcript of the proceedings of agenda item XII of the 32nd House Committee meeting in the 2008-2009 Legislative Council session held at 2:30 pm on Friday, 9 October 2009


193 - 239

Appendix 1.5 Verbatim transcript of the proceedings of agenda item II(b) of the 1st House Committee meeting in the 2009-2010 Legislative Council session held at 2:30 pm on Friday, 16 October 2009


240 - 265

Appendix 1.6 Procedure for the election of Members for appointment by the President to the Investigation Committee


266 - 267

Appendix 1.7 Extract from the Progress Report of the Committee on Rules of Procedure for the period July 1998 to April 1999


268 - 278

Appendix 1.8 Letter dated 21 January 2010 from the solicitors for Hon KAM Nai-wai to the Investigation Committee


279 - 280

Appendix 1.9 Practice and Procedure of the Investigation Committee


281 - 292

Appendix 1.10 Letter dated 11 January 2011 from the solicitors for Hon KAM Nai-wai to the Investigation Committee


293

Appendix 1.11 Written comments on the relevant parts of the draft Report of the Investigation Committee submitted by Hon James TO on 10 June 2011


294

Appendix 1.12 Written comments on the relevant parts of the draft Report of the Investigation Committee submitted by Hon WONG Sing-chi on 14 June 2011


295 - 297

Appendix 1.13 Correspondence between the solicitors for Hon KAM Nai-wai and the Clerk to the Investigation Committee in relation to Mr KAM's request to make oral comments on the draft Report of the Investigation Committee


298 - 327

Appendix 1.14 Written comments, submitted by Hon KAM Nai-wai on 5 December 2011, on the relevant parts of the draft Report of the Investigation Committee (IC Paper No. K26(C))


328 - 363

Appendix 1.15 Extracts from the minutes of the meetings of the Investigation Committee held on 22 and 29 February 2012 which contain the proceedings on consideration of the Report of the Investigation Committee


364 - 376

Appendix 2.1 Appointment letter signed between Hon KAM Nai-wai and Ms Kimmie WONG on 29 December 2008 (IC Paper No. L3(C))


377 - 378

Appendix 2.2 Open statement issued by Ms Kimmie WONG through soliciters to all Legislative Council Members on 3 December 2009 (IC Paper No. WW2(C))


379 - 384

Appendix 2.3 Supervision Brief issued by Hon KAM Nai-wai to all Legislative Council Members on 9 December 2009 (IC Paper No. K3(C))


385

Appendix 2.4 Note handwritten by Hon KAM Nai-wai on the items which he planned to discuss with Ms Kimmie WONG at the preparatory meeting on 22 September 2009 (IC Paper No. K14(C))


386

Appendix 2.5 Verbatim transcript of a press conference called by Hon KAM Nai-wai on 4 October 2009 (IC Paper No. L12(C))


387 - 401

Appendix 2.6 Verbatim transcript of a press conference called by Hon Albert HO on 4 October 2009 (IC Paper No. L13(C))


402 - 422

Appendix 2.7 Verbatim transcript of a telephone interview of Ms Mandy TAM Heung-man on 5 October 2009 by the programme Talkabout of the Radio Television Hong Kong (IC Paper No. L17(C))


423 - 429

Appendix 2.8 Verbatim transcript of the relevant news coverage on 5 October 2009 by the News Channel of Hong Kong Cable Television (IC Paper No. L16(C))


430

Appendix 2.9 Verbatim transcript of the parts of the radio programme Tipping the Points broadcast on Channel 1 of the Hong Kong Commercial Radio on 6 October 2009 containing an interview of Hon KAM Nai-wai (IC Paper No. L20(C))


431 - 459

Appendix 2.10 Letter dated 14 June 2010 from the Executive Director of the Democratic Party, enclosed with extracts of minutes of Central Committee meetings of that Party held on 8 October 2009 and 19 November 2009 (IC Paper No. WD10(C))


460 - 462

Appendix 2.11 Letter dated 15 March 2010 from the solicitors for Hon KAM Nai-wai, enclosed with a Written Statement submitted by Mr KAM to the Investigation Committee (IC Paper No. K5(C))


463 - 477

Appendix 5.1 "Advisory Guidelines on Matters of Ethics in relation to the Conduct of Members of the Legislative Council of the Hong Kong Special Administrative Region in their capacity as such" issued by the Committee on Members' Interests of the current Legislative Council term under Rule 73(1)(e) of the Rules of Procedure to Members on 11 June 2009


478 - 479

Verbatim transcripts of hearings