Banner:Council Meetings

A 08/09-9

Legislative Council

Agenda

Wednesday 26 November 2008 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Prevention of Bribery Ordinance (Amendment of Schedule 1) Order 2008245/2008
2.Detention Centre (Consolidation) (Amendment) Order 2008246/2008
3.Prisons (Amendment) (No. 2) Order 2008247/2008
4.Rehabilitation Centres (Appointment) (Amendment) (No. 2) Order 2008248/2008

Other Papers

1.No. 29-Accounts of the Government for the year ended 31 March 2008
(to be presented by the Secretary for Financial Services and the Treasury)

2.No. 30-Report of the Director of Audit on the Accounts of the Government of the Hong Kong Special Administrative Region for the year ended 31 March 2008
(to be presented by the President of the Legislative Council)

3.No. 31-Report No. 51 of the Director of Audit on the results of value for money audits - October 2008
(to be presented by the President of the Legislative Council)

4.Report of the Subcommittee on Road Traffic (Public Service Vehicles) (Amendment) Regulation 2008
(to be presented by Hon Miriam LAU, Chairman of the Subcommittee, who will address the Council)

II. Questions

1. Hon Cyd HO to ask: (Translation)

The developer of the Hopewell Centre II project plans to exchange for land on the slope at Kennedy Road by land exchange or payment of premium to construct a hotel and commercial building. If the land exchange proposal is approved, some 500 trees of that area will be felled. According to the traffic impact assessment provided by the developer, the traffic flow during rush hours will be increased by 500 vehicles per hour upon completion of the development project, resulting in a substantial increase of emission in the district. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Development

2. Hon CHEUNG Man-kwong to ask:
(Translation)

The Education Bureau informed this Council in February this year that it was reviewing the class sizes of the different categories of special schools. It indicated in May that it was liaising and exchanging views with the special schools on their proposals and justifications for changing the class sizes, and anticipated that it would announce the decision within this year. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Education

3. Hon Paul CHAN to ask:
(Translation)

As a further step to deepen Hong Kong-Guangdong economic and trade cooperation, the Governments of Hong Kong and Guangdong Province will implement 25 liberalization and facilitation measures for early and pilot implementation in Guangdong, and the service sectors covered include accounting, construction and related engineering, medical and dental, placement and supply services of personnel, environment, social services, tourism, education, maritime transport, road transport and individually-owned stores. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Commerce and Economic Development

4. Hon Vincent FANG to ask:
(Translation)

Being struck by the financial tsunami, the economy is in a downturn and the confidence of consumers is declining, coupled with an increasing number of unlicensed hawkers, small shop tenants and licensed hawkers are operating with greater difficulties. Will the Government inform this Council, in order to assist them in reducing operating difficulties:
Public Officers to reply:Secretary for Food and Health
Secretary for Financial Services and the Treasury

5. Hon Ronny TONG to ask: (Translation)

It is reported that a total of four secondary schools in Shatin and Tai Po districts admitting mainly Band Three students ("Band Three secondary schools") will not be granted subsidy to provide senior secondary classes from the 2009 school year onwards because their numbers of senior secondary students do not meet the requirements for operating three secondary classes in that school year under the New Academic Structure for Senior Secondary Education. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Education

6. Hon Miriam LAU to ask:
(Translation)

The global financial tsunami has caused the economy to slow down and the volume of cargo transshipments has been declining in recent months. Moreover, the Mainland and Taiwan authorities signed four agreements early this month, which included the agreements on direct air, maritime and postal links across the Taiwan Strait ("Three Direct Links") and, as a result, both passenger and cargo traffic between the two places will no longer have to go via Hong Kong. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Transport and Housing

*7. Hon Alan LEONG to ask:
(Translation)

According to the ovitrap indices released each month by the Food and Environmental Hygiene Department, readings for September in three districts were within the alert zone of 20% to 40%, and the readings in Lam Tin were within the alert zone for three times since the beginning of this year. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

*8. Hon Audrey EU to ask:
(Translation)

Since the 1994-1995 financial year, the Government has exempted motor vehicles which are propelled solely by electric power and do not emit any exhaust gas ("electric vehicles") from first registration tax, so as to encourage vehicle owners to buy such vehicles. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for the Environment

*9. Hon LAU Wong-fat to ask:
(Translation)

Some indigenous villagers in the New Territories have conveyed to me that they are dissatisfied with the slow progress of the Lands Department in vetting and approving applications for the construction of small houses at present. In this connection, will the Government inform this Council of the following in the past three years: Public Officer to reply : Secretary for Development

*10. Hon Starry LEE to ask:
(Translation)

A survey conducted by a political party in the middle of this year has revealed that the number of young girls engaged in prostitution activities under the name of "compensated dating" is on the rise. They advertise themselves and contact their clients mainly via discussion forums and chat rooms on the Internet. In this connection, will the Government inform this Council:
Public Officer to reply:Secretary for Constitutional and Mainland Affairs
(in the absence of Secretary for Security)

*11. Hon CHAN Hak-kan to ask: (Translation)

Some residents have relayed to me that the current number of runs of overnight bus services to and from Tseung Kwan O is on the low side and the routes are circuitous. Moreover, there is no red public light bus or green public light bus ("GMB") service between Mong Kok and Tseung Kwan O, causing inconvenience to the residents. In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Transport and Housing

*12. Dr Hon David LI to ask:


The Transport Department ("TD") has all along encouraged public transport operators to form passenger liaison groups ("PLGs") to gauge passengers' views on the quality and development of their services. Furthermore, a provision was added to the franchise granted to the "Star" Ferry Company Limited in December 2007 under the heading "Passengers Liaison Groups" requiring that "The Grantee shall at its own expense and to the satisfaction of the Commissioner make appropriate arrangements to liaise, communicate with and receive the opinions of the public for the purpose of assessing and improving standards relating to the performance of the Ferry Service". In this connection, will the Government inform this Council whether: Public Officer to reply : Secretary for Transport and Housing

*13. Hon CHEUNG Hok-ming to ask:
(Translation)

Some members of the public have relayed to me that due to unauthorized use of their residential addresses by others to apply for credit cards, some debt collection agencies ("DCAs") hired by financial institutions visited their homes to recover debts, and such harassment did not stop even though they had reported their cases to the Police. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Constitutional and Mainland Affairs

*14. Hon Emily LAU to ask:
(Translation)

Section 5A(1) of the Exchange Fund Ordinance ("EFO") (Cap. 66) provides that "The Financial Secretary shall appoint a person to be the Monetary Authority on such terms and conditions as he thinks fit" but the tenure of office and retirement age of the Monetary Authority ("MA") is not specified in the Ordinance. The Government advised in its paper to this Council in April this year that "The legal provision in the EFO allows maximum flexibility for the Financial Secretary ("FS") in determining the appropriate conditions on which the MA is appointed", "FS, in considering the MA's appointment, will take into account all relevant factors such as......the views of the Governance Sub-committee of the Exchange Fund Advisory Committee as appropriate". In this connection, will the Executive Authorities inform this Council: Public Officer to reply : The Financial Secretary

*15. Hon James TO to ask:
(Translation)

Regarding the promotion of eco-tourism, will the Government inform this Council: Public Officer to reply : Secretary for the Environment

*16. Hon LAU Kong-wah to ask:
(Translation)

Regarding person-to-person telemarketing calls, will the Government inform this Council: Public Officer to reply : Secretary for Commerce and Economic Development

*17. Hon Frederick FUNG to ask:
(Translation)

A recent study by the Chinese University of Hong Kong has revealed that the problem of childhood obesity in Hong Kong is getting worse, and it has projected that by 2013, every one of four teenagers aged between 6 and 18 would be obese. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Food and Health

*18. Hon CHEUNG Man-kwong to ask:
(Translation)

Regarding the appointment of temporary teachers in government schools on short-term contracts, will the Government inform this Council: Public Officer to reply : Secretary for Education

*19. Hon CHAN Hak-kan to ask:
(Translation)

It has been reported that quite a number of families are facing financial difficulties brought about by the financial tsunami. As a result, domestic disputes and even divorce cases have increased significantly in recent months. A non-government organization has indicated that the number of phone calls for assistance it received in October had doubled. In this connection, will the Government inform this Council: Public Officer to reply : Secretary for Labour and Welfare

*20. Hon LAU Kong-wah to ask:
(Translation)

Will the Government inform this Council if it knows the following in the past three years: Public Officer to reply : Secretary for Food and Health

*For written reply.

III. Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Secretary for Food and Health to move the following motion:


RESOLVED that the Harmful Substances in Food (Amendment) Regulation 2008, published in the Gazette as Legal Notice No. 215 of 2008 and laid on the table of the Legislative Council on 8 October 2008, be amended by adding - IV. Members' Motions

  1. Formulating a roadmap for a low carbon economy

    Hon Audrey EU:
    (Translation)

    That, as the Chief Executive has proposed in his Policy Address to build a low carbon economy, i.e. promoting the development of an economy based on low energy consumption and low pollution, yet he has failed to put forward a specific policy framework, strategies, proposed plans, targets and a timetable to set out the specific steps and measures to be taken for achieving a low carbon economy, this Council urges the Government to study the formulation of a timetable and a roadmap for a low carbon economy, including:

    (a)setting interim and long-term targets for the reduction of total greenhouse gas emissions in Hong Kong;

    (b)making reference to overseas examples and studying the formulation of strategies and legislation on climate change;

    (c)providing economic incentives and formulating measures to encourage energy conservation by the public;

    (d)expeditiously drawing up proposed plans for grid access;

    (e)expeditiously formulating standardized arrangements for grid connection and encouraging the use of renewable energy power facilities by various sectors of the community; and

    (f)tightening the current standards of the Air Quality Objectives to expeditiously align them with the World Health Organization Air Quality Guidelines, and formulating an implementation timetable in this regard.

    Amendments to the motion
    (i)Hon KAM Nai-wai: (Translation)

    To delete ", as" after "That" and substitute with "the problem of global warming is aggravating,"; to add ", allowing electricity trading between users and power companies," after "grid connection"; to delete "and" after "community;"; to add "studying cooperating with Guangdong Province in developing wind farm projects to promote the use of renewable energy; (g) installing solar power facilities on the roofs of newly built public housing blocks and covered pedestrian walkways, and encouraging private developers to introduce related facilities; (h) implementing the promotion of the first stage of 'low emission zones' in Hong Kong in 2010; (i) setting up a data bank on energy efficiency of vehicles covering the data on greenhouse gas emissions; and (j)" after "(f)"; and to delete "and formulating an implementation timetable in this regard" immediately before the full stop and substitute with "raising them to the standards adopted by the European Union by 2012, and implementing the standards prescribed by the World Health Organization by 2015".

    Amendment to Hon KAM Nai-wai's amendment
    Hon CHAN Kam-lam:
    (Translation)

    To add "greening or" after "(g)".

    (ii)Hon CHAN Hak-kan: (Translation)

    To delete ", as" after "That" and substitute with "in facing the impact and challenges brought about by climate change,"; to add "; as such" after "achieving a low carbon economy"; to add "considering bringing carbon dioxide emissions from local thermal power plants into the regulatory ambit; (d) actively collaborating with the neighbouring regions, including formulating agreements and relevant legislation, as well as setting up a trading platform to develop a mechanism for local and cross-border carbon trading; (e)" after "(c)"; to add "(f) discussing with power companies the inclusion of carbon emissions of users in their electricity bills, so as to assist users in conducting carbon audit;" after "by the public;"; to delete the original "(d)" and substitute with "(g)"; to delete the original "(e)" and substitute with "(h)"; to delete "and" after "community;" and substitute with "(i) raising the current tax concession rates and caps under the first registration tax concession scheme for environment-friendly vehicles to provide additional incentive for the public to switch to environment-friendly vehicles; and"; and to delete the original "(f)" and substitute with "(j)".

    Public Officer to attend : Secretary for the Environment

  2. Reforming financial regulators

    Hon Ronny TONG:
    (Translation)

    That, as presently the regulation of the financial sector and financial products is vested in a number of regulators, causing the suspicion that there are duplication and fragmentation of their regulatory roles, functions and resources, this Council urges the Government to expeditiously conduct a comprehensive review and study of the existing four major financial regulators, including the Hong Kong Monetary Authority, the Securities and Futures Commission, the Office of the Commissioner of Insurance and the Mandatory Provident Fund Schemes Authority, to ascertain if there is any need to rationalize and improve their regulatory roles, functions and resources in the regulation of the financial sector, or introduce other improvement measures, such as strengthening the regulation on the sale of financial products, so as to enhance the standards of the regulators and protect the interests of investors.

    Amendments to the motion
    (i)Hon CHAN Kam-lam: (Translation)

    To delete "as" after "That," and substitute with "under the mode of 'two regulatory authorities for one industry',"; to add "in Hong Kong" after "and financial products"; to delete "their" after "fragmentation of" and substitute with "the"; to add "among various regulators" before ", this Council"; to delete "strengthening" after "such as" and substitute with "reviewing the existing disclosure-based regulatory principle so as to strengthen"; and to add "establishing an independent complaint mechanism for financial businesses, and empowering the regulators to instruct defaulting financial institutions to compensate their clients etc," after "the sale of financial products,".

    (ii)Hon Albert HO: (Translation)

    To delete "as" after "That," and substitute with "the recent spate of incidents occurring in the financial sector, including the 'Lehman Incident' and the 'Citic Pacific Incident', etc, reflect that the regulatory regime of Hong Kong's financial system needs to be further reformed and to enhance protection for bank clients and investors, whilst"; and to delete "and" after "the standards of the regulators" and substitute with ", as well as studying the establishment of an independent financial ombudsman to provide one-stop and convenient disputes resolution service for handling disputes and compensation matters between clients and financial institutions, so as to better".

    (iii)Hon Miriam LAU: (Translation)

    To add "the 'Lehman Incident' has revealed that" after "That, as"; to delete "such as" after "improvement measures," and substitute with "in particular changing the existing regulatory regime, which is 'disclosure-based' and 'subjecting one industry to several regulatory authorities', and"; to add "as well as investment-linked insurance products" after "the sale of financial products"; to add "and plug the existing loopholes in the regulation of the financial sector," after "the standards of the regulators"; and to add "and insuring public" immediately before the full stop.

    Public Officer to attend : Secretary for Financial Services and the Treasury

  3. Motion for the adjournment of the Council

    Hon Miriam LAU:
    (Translation)

    That this Council do now adjourn for the purpose of debating the following issue: Adjustment in the fares for the hiring of Lantau and urban taxis.

    Public Officer to attend : Secretary for Transport and Housing
Clerk to the Legislative Council