A 10/11-24

Legislative Council

Agenda

Wednesday 13 April 2011 at 11:00 am

I. Tabling of Papers

Subsidiary Legislation / InstrumentsNo.
1.Dangerous Drugs Ordinance (Amendment of Second Schedule) Order 2011L.N. 56/2011
2.Dangerous Drugs Ordinance (Amendment of Fourth Schedule) Order 2011L.N. 57/2011
3.Administrative Instructions for Regulating Admittance and Conduct of Persons (Amendment) Instructions 2011 L.N. 58/2011
4.Disability Discrimination Ordinance - Revised Code of Practice on EmploymentG.N. 2159/2011

Other Papers

1.No. 88-Report No. 56 of the Director of Audit on the results of value for money audits - March 2011
(to be presented by the President of the Legislative Council)

2.Report of the Committee on Members' Interests on its consideration of the complaints against Hon LAU Wong-fat in relation to his failure to register interests with the Clerk to the Legislative Council pursuant to Rule 83 of the Rules of Procedure
(to be presented by Hon Paul CHAN, member of the Committee on Members' Interests, who will address the Council)

3.Report No. 19/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments
(to be presented by Hon Miriam LAU, Chairman of the House Committee)

II. Questions for Written Replies

1. Hon LEE Cheuk-yan to ask:
(Translation)

Regarding the statistics collected from domestic household income quarterly General Household Surveys, will the Government provide the following relevant data for 2010:
    (a)the range, median and mean of the income for each of the 10 decile groups obtained by dividing the number of all Hong Kong households according to their income (excluding foreign domestic helpers ("FDHs") and listed in ascending order); and

    (b)the range, median and mean of the per capita household income for each of the 10 decile groups obtained by dividing the number of all Hong Kong people (excluding FDHs) according to their per capita household income (listed in ascending order)?
Public Officer to reply : Secretary for Financial Services and the Treasury

2. Dr Hon Margaret NG to ask:
(Translation)

The development of cricket in Hong Kong has a long history and cricket is a popular sport among many non-Chinese youngsters. In recent years, Hong Kong Cricket Sixes, which is an international sports event, has been one of the events recommended to tourists by the Hong Kong Tourism Board. At present, there are seven cricket grounds in Hong Kong, but only the three grounds in Kowloon are open to the public. In this connection, will the Government inform this Council whether:
    (a)it has formulated any policy on promoting the development of cricket in Hong Kong; if it has, of the details;

    (b)it knows the existing number of people who play cricket; and

    (c)it will plan to provide additional cricket grounds on Hong Kong Island, in New Territories East and New Territories West for the use of the public, so as to make it convenient for cricket lovers in all districts to take part in the sport; if it will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

3. Hon Starry LEE to ask:
(Translation)

At present, elderly recipients of Disability Allowance ("DA") are barred from applying for Old Age Allowance ("OAA"). In this connection, will the Government inform this Council of the number of elderly people who were granted DA in each of the past three years; among them, the respective numbers of those who were barred from applying for Normal OAA and Higher OAA (which are open to application by elderly people aged 65 to 69 and 70 or above respectively) because they had been granted DA; of the amount of annual provision required for granting OAA to those people; and whether it will review that policy; if it will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Labour and Welfare

4. Hon CHIM Pui-chung to ask:
(Translation)

The Government terminated the Block Crown Lease granted to Wong Wai Tsak Tong by legislation prior to the return of Hong Kong's sovereignty to China so as to resolve the dispute between Wong Wai Tsak Tong and its sub-lessees. On the other hand, the piece of land in Causeway Bay covering Lan Fong Road, Pak Sha Road, Kai Chiu Road and Yun Ping Road ("the Lee Garden Land") originally owned by a family-run company was sold in lots during the 1950s with restrictive covenants incorporated in the deeds of assignment, rendering it necessary for the assignees to seek consent from the company before proceeding with redevelopment. In this connection, will the Government inform this Council:
    (a)whether it has any plan to remove the restrictive covenants stipulated in the deeds of assignment for the Lee Garden Land by legislation; if it does not have such plans, of the reasons and the legal basis for that;

    (b)why the Government does not resolve the land title dispute over the Lee Garden Land in the same manner in which it resolved the land title dispute of Wong Wai Tsak Tong by legislation; whether any government department should be held responsible for that; and

    (c)of the total gross floor area of the Lee Garden Land, and the annual loss in rates revenue due to the failure of the redevelopment of the buildings concerned?
Public Officer to reply : Secretary for Development

5. Hon James TO to ask:
(Translation)

The Kowloon Motor Bus Company (1933) Limited ("KMB") has recently launched a mobile phone application programme which operates with the Global Positioning System ("GPS") to provide information to passengers such as "alight reminder". Besides, a number of mainland cities are also developing intelligent technologies for public transport, for example, the use of GPS to enhance the operational efficiency of public transport. The Government has also been developing an intelligent transport system in recent years. In this connection, will the Government inform this Council:
    (a)given that the aforesaid application programme launched by KMB has shown that the use of GPS to provide information to passengers is feasible, whether the Government knows if various franchised bus companies are currently exploring the use of GPS to provide passengers with more real-time information, including bus waiting time, estimated travel time in traffic congestion, etc; whether the Government will encourage various bus companies to explore and launch similar services;

    (b)given that the Secretary for Transport and Housing indicated in her reply to my question on 19 November 2008 that minibus operators were using an on-board monitoring system operating with GPS on a trial basis with a view to enhancing road safety of minibuses, of the result of the trial scheme; if the trial scheme has yet to be completed, of the current progress; whether the Government has any plan to enhance road safety of minibuses by using other intelligent systems;

    (c)given that some universities have announced the successful development of a number of intelligent transport systems suitable for local buses and minibuses in recent years, whether the Government has discussed with the universities concerned collaboration to take forward the relevant researches so as to enhance the efficiency of public transport in Hong Kong;

    (d)as it has been reported earlier that the pilot version of the online Driving Route Search Service ("DRSS") of the Transport Department ("TD") has made mistakes in its route suggestions, and I have learnt that the average visitor count of the website is about 700 per day only, whether the Government will conduct a review on how to enhance DRSS (such as supporting the GPS service) and make it more appealing to users; on the other hand, given that similar free online services (such as the Google Maps) are currently available, whether the Government will conduct a review on the need for retaining DRSS; and

    (e)of the Government's plans currently in place for improving the efficiency of various public transport services (including ferry services) by using intelligent technologies; whether TD will develop mobile phone application programmes to disseminate to the public information on sudden traffic incidents (such as interruptions of MTR train services); and how the Government plans to encourage various public transport operators to conduct research and development on related products with a view to upgrading the quality of service?
Public Officer to reply : Secretary for Transport and Housing

6. Hon Fred LI to ask:
(Translation)

In 2011-2012, the estimated number of general beds in the public hospitals under the Kowloon East Hospital Cluster ("KE Cluster") of the Hospital Authority ("HA") is 2 135, and the ratio of general beds to population within the cluster is 2.2 beds per 1 000 people, which is far below HA's overall ratio of 2.9 beds per 1 000 people. Some members of the public have pointed out that the United Christian Hospital ("UCH") in KE Cluster has faced the problem of insufficient space for a long time and it is difficult for it to meet the demand of residents in KE Cluster for medical services. The authorities advised in 2008 that HA was drawing up the preliminary expansion plan of UCH and would submit it to the Government for consideration. However, the 2011-2012 Budget has not mentioned the expansion project. In this connection, will the Government inform this Council:
    (a)whether HA has submitted UCH's expansion plan to the authorities; if not, whether it knows when HA will submit the expansion plan; if the plan has been submitted, when the works will commence as suggested by HA; whether the authorities will accept the expansion plan; if they will not, of the reasons for that; whether the authorities will undertake that they will allocate resources for the implementation of the expansion project in or before 2012-2013; and

    (b)of the respective estimated costs for the entire expansion project and for the first phase of the project; regarding the entire project, of its expected completion date, the number of hospital beds which can be provided, as well as the corresponding increase in the number of healthcare personnel and the amount of recurrent expenditure?
Public Officer to reply : Secretary for Food and Health

7. Hon WONG Sing-chi to ask:
(Translation)

Regarding the number and prices of places purchased from private residential care homes for the elderly ("RCHEs") by the Social Welfare Department ("SWD") under the Enhanced Bought Place Scheme ("EBPS"), will the Executive Authorities inform this Council:
    (a)of the total number of EA1 and EA2 places in RCHEs under EBPS at present, together with a breakdown by district;

    (b)of the respective purchase price for each EA1 place and EA2 place under EBPS over the past 10 years, and the criteria used for adjusting such prices; and

    (c)as some of the operators of the aforesaid RCHEs have pointed out that their operating environment is difficult because they are facing the problems of rising food prices, rent and wages, and although the Government will raise the purchase prices by 2% in 2011-2012 (excluding an additional increase which will be effected for the provision of physiotherapy treatment and rehabilitation training for the elderly), the prices for each EA1 place and EA2 place will only be increased by $106 to $138 per month respectively, which are far from being adequate to improve the operating environment of those RCHEs, whether the Government will further increase the purchase prices within this year; if it will, of the increase in the purchase price for each place; if not, how SWD will arrange placement for those elderly persons who are affected by the withdrawal of RCHEs from participating in EBPS?
Public Officer to reply : Secretary for Labour and Welfare

8. Hon Emily LAU to ask:
(Translation)

The Minimum Wage Ordinance (Cap. 608) will come into operation on 1 May this year. There have been comments that since the statutory minimum wage system will be implemented in Hong Kong for the first time, the authorities should make reference to relevant overseas experience, and examine and assess the impact on the labour market. In this connection, will the Executive Authorities inform this Council:
    (a)given that certain countries and regions have conducted empirical studies to assess the impact of implementing the minimum wage system on the disadvantaged or specific groups, whether the authorities will make reference to the relevant practice and conduct tracking studies on the impact on various social groups, such as people with disabilities, the elderly, women and young people; if they will, of the details; if not, the reasons for that; and

    (b)if the authorities have planned to conduct the aforesaid studies, of the amount of resources to be injected, and whether they will consult the public and community groups on details of the studies, and publish the findings of the studies in phases; if they will, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

9. Hon KAM Nai-wai to ask:
(Translation)

It has been learnt that the Food and Environmental Hygiene Department ("FEHD") manages over 560 public toilets and more than 280 aqua privies at present. In this connection, will the Government inform this Council:
    (a)of the existing number of public toilets at which attendants are stationed to provide cleansing services, together with a breakdown by region (Hong Kong Island, Kowloon and the New Territories); why attendants are not stationed at some public toilets;

    (b)of the number of complaints about poor hygiene conditions in public toilets received by the authorities in each of the past three years; whether they have any plan to increase the frequency of cleansing work for public toilets each day; if so, of the details; if not, the reasons for that;

    (c)of the performance pledge made by FEHD in respect of its cleansing work for public toilets; of the respective numbers of service contractors to which FEHD had issued warnings and on which FEHD had imposed fines in each of the past three years because the standard of their services had fallen short of the pledge, as well as the total number of warnings and total amount of fines involved; and

    (d)whether FEHD has conducted any survey on the views of users on the hygiene conditions of public toilets since the dissolution of the two municipal councils in 2000; if it has, of the outcome of the latest survey; if not, whether it will conduct such surveys on a regular basis?
Public Officer to reply : Secretary for Food and Health

10. Hon Frederick FUNG to ask:
(Translation)

The Chief Executive undertook in mid-2010 to introduce the legislative proposal abolish the District Council ("DC") appointment system to the Legislative Council ("LegCo") in the autumn of the same year. However, the Secretary for Constitutional and Mainland Affairs subsequently indicated that issues relating to the abolition of the DC appointment system would only be dealt with after having completed enacting the local legislation for the Chief Executive Election and the Legislative Council Election in 2012. In this connection, will the Government inform this Council:
    (a)why the above undertaking regarding the abolition of the DC appointment system has still not yet been honoured; and the latest progress in drafting the legislative proposal, as well as the content of the preliminary proposal; and

    (b)of the anticipated time for submitting the legislative proposal to LegCo; and the procedures involved and the timetable for implementing the proposal?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

11. Hon LEUNG Kwok-hung to ask:
(Translation)

I have received complaints from members of the public one after another alleging that the Transport Department ("TD") did not follow the normal approval procedures and allowed a company to operate two residents' coach routes between Ma On Shan Town Centre/Tai Shui Hang Station of Ma On Shan ("MOS") Rail to Yan On Estate in Ma On Shan before the residents move in, and that the Chairman of the aforesaid company is a member of Shatin District Council ("SDC"). Owing to this matter, members from the transport industry staged a slow drive protest in Ma On Shan in March this year, with some 20 taxis and minibuses participating. They have told the press that someone took advantage of the position of Chairman of the Traffic and Transport Committee ("TTC") of SDC, and was able to file an advance application for operating the residents' coach routes to make profits, which may amount to $3 million a year; they hope that the Independent Commission Against Corruption ("ICAC") will investigate the case. In this connection, will the Government inform this Council:
    (a)according to normal approval procedures, whether an operator is allowed to apply for operating residents' coach routes only if residents of the estate concerned have started to move in and have indicated that there is a need for the coach service; if so, why TD accepted the application for operating the aforesaid residents' coach routes before the residents of Yan On Estate move in;

    (b)whether TD had accepted any applications in the past five years for operating residents' coach routes running to and from new estates before the residents started to move in; if it had, of the number of applications accepted, the districts serviced by these routes, the origins and destinations of these routes, the dates on which the operation rights were granted, and the relevant route numbers;

    (c)given that as indicated in the letter of the Housing Department issued in March this year to the prospective residents of Yan On Estate, there are franchised bus routes running via Yan On Estate or connecting the Estate to Heng On Station of MOS Rail, whether it was necessary for TD to accept the application for the two residents' coach routes before Yan On Estate's residents move in;

    (d)whether TD had launched any open tender exercise for the operation rights of the aforesaid residents' coach routes; if it had, of the dates of publication of the tender notices and in which newspapers the notices were published; if not, the reasons for that, and whether the authorities know if the operator had been "predetermined" internally;

    (e)whether TD had invited various minibus and taxi service operators to bid the operation rights of the aforesaid residents' coach routes; if not, whether it had merely informed individual operators privately; if so, of the number and names of the operators contacted; and whether such operators represent the voice of the transport industry as a whole;

    (f)whether companies run by SDC members or members of TTC of SDC have priority in operating the aforesaid two residents' coach routes; if so, of the reasons for that; and

    (g)when the TD officers concerned vetted and approved the applications for the aforesaid coach routes, whether any SDC members had pressurized, requested or contacted the TD officers so that they would accord priority to the applications from the companies of the SDC members concerned; if so, of the specific names of such SDC members and the political parties to which they belong; whether it has assessed if cases of "transfer of benefits", "taking unfair advantage of one's position" or "misconduct in public office" have been involved in this incident; whether the authorities had taken the initiative to refer this case to ICAC for investigation so as to address public concern; if they had, of the time of referral; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

12. Hon Paul TSE to ask:
(Translation)

Traders selling general commodities will not and cannot levy surcharges for rising prices of raw materials, yet the Civil Aviation Department ("CAD") has all along allowed airlines, in selling air tickets, to collect from passengers through registered travel agents ("travel agencies") aviation passenger fuel surcharges ("fuel surcharges") which are not specified in advance in advertisements or airfares. In this connection, will the Government inform this Council:
    (a)of the number of applications from airlines for increasing fuel surcharges approved by CAD in the past two years, and the respective average increases in fuel surcharges for short-haul and long-haul flights during the period;

    (b)whether CAD had rejected or queried in writing applications from airlines for increasing fuel surcharges in the past three years; if it had, of the details of each case being rejected and queried in writing; if not, the reasons for not rejecting or querying any application;

    (c)whether it will revise the present practice by requiring airlines to include fuel cost in airfares, so that passengers know clearly the actual airfares in advance, so as to safeguard the rights and interests of consumers; and

    (d)given that some members of the trade have pointed out that fuel surcharges are actually part of the airfares, and according to a recent court case of the Federal Court of Australia (Leonie's Travel v Qantas Airways Limited), such charges should be included in calculating the commissions payable to travel agencies, whether CAD will consider requiring airlines to adopt such principle for calculating commissions as one of the conditions for allowing them to levy fuel surcharges; if it will, when it will implement such an arrangement; if not, of the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

13. Hon Albert CHAN to ask:
(Translation)

Recently, I have received complaints from some indigenous residents of villages near Tung Chung, pointing out that as the authorities prohibited the building of premises within the Noise Exposure Forecast ("NEF") 25 contour, thus after the commissioning of the new airport in 1998, their applications for building small houses at Kau Liu near the airport had not been processed, and they have not been granted any compensation so far. In view of the increase in the number of flights in recent years, the area exposed to aircraft noise may be extended; and upon the commissioning of the third runway, it is estimated that such area will be further extended. In this connection, will the Government:
    (a)indicate on a map, the region within the NEF 25 contour delineated in 1998, and the area within the region where the building of small houses is prohibited;

    (b)indicate on a map, the region within the NEF 25 contour delineated as of 31 March 2011, and the area within the region where the building of small houses is prohibited;

    (c)indicate on a map, the projected region within the NEF 25 contour to be delineated upon the commissioning of the third runway, and the area within the region where the building of small houses is to be prohibited; and

    (d)inform this Council of the reasons for not granting compensation to the indigenous villagers who were not granted approval to build small houses at that time; whether it will grant compensation to those villagers; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

14. Dr Hon LAM Tai-fai to ask:
(Translation)

Regarding the taxation problems in Hong Kong faced by enterprises engaged in processing trade operations in Hong Kong in the course of upgrading and restructuring, will the Government inform this Council:
    (a)given the substantial difference between the interest rate on Tax Reserve Certificates ("TRCs") (0.0433% per annum at present) and the "Judgment Interest Rate" (8% per annum at present), whether the authorities have assessed if the following scenario complies with the taxation principle of fairness: a taxpayer had concurrently and separately lodged objections against tax assessments in two cases; in one of the cases, an unconditional stand-over was ordered but he eventually failed the case, whereas in the other case, the taxpayer was required to purchase TRCs but he eventually succeeded the case; with respect to the unsuccessful case, the taxpayer had to pay a huge amount of interest which was calculated at the "Judgment Interest Rate", yet with respect to the successful case, he might only receive a small amount of interest from TRCs; if the outcome of the authorities' assessment is in the affirmative, whether the authorities can offer a detailed explanation; if the outcome of the assessment is in the negative, what remedial plan is in place;

    (b)given that the authorities have admitted that for most of the objection or appeal cases with "conditional stand-over orders" issued, the purchase of TRCs will be required, whether the authorities have assessed if, because of the low interest rate on TRCs, the Commissioner of Inland Revenue ("the Commissioner") adopts the attitude of exercising "excessive control even to the extent of victimizing the innocent" when issuing orders for taxpayers to purchase TRCs; whether the authorities will consider fixing the interest rate of TRCs for objection cases at the same level as the "Judgment Interest Rate" in order to comply with the principle of fairness, and to make the Commissioner adopt a more prudent attitude in ordering taxpayers to purchase TRCs;

    (c)given the authorities' view that the granting of tax deductible allowances for machinery and plant outside Hong Kong goes against the "tax symmetry" principle, whether the authorities can explain if it complies with the "tax symmetry" principle when the profits derived from machinery and plant outside Hong Kong are liable to profits tax in Hong Kong but tax deductible allowances are not granted for these machinery and plant;

    (d)given the authorities' view that the granting of tax deductible allowances for machinery and plant outside Hong Kong goes against the "territorial source principle", yet many Hong Kong enterprises which have set up offices outside Hong Kong pay profits tax in Hong Kong in respect of all their profits, whether the authorities will, on the ground of the "territorial source principle", disallow these enterprises from deducting the daily operating costs of their offices outside Hong Kong during tax assessments; if not, of the reasons for that;

    (e)given the authorities' view that depreciation allowances may not be granted for Hong Kong enterprises' machinery or plant used outside Hong Kong, whether Hong Kong enterprises can claim depreciation allowances for the portable computers and mobile phones provided for their staff for use on trips to places outside Hong Kong and for private vehicles and coaches travelling between Hong Kong and the Mainland for that purpose, as well as of the reasons for that;

    (f)given that companies engaged in transportation business between Hong Kong and the Mainland have to deploy their goods vehicles to travel between various provinces/municipalities on the Mainland over a prolonged period of time to deliver goods, whether these companies, when being charged profits tax payable to the Inland Revenue Department ("IRD") of Hong Kong on all their profits, are eligible to claim depreciation allowances for these goods vehicles, as well as of the reasons for that;

    (g)given that the officials of the Commerce and Economic Development Bureau ("CEDB") had, at various meetings of the committees of this Council, repeatedly undertaken that they would follow up with the Financial Services and the Treasury Bureau ("FSTB") the issue relating to section 39E of the Inland Revenue Ordinance (Cap. 112) ("section 39E"), whether the former had ever followed up the issue with the latter in the past three years; if they had, of the details of the follow-up actions, when such actions were taken, and the response of the latter; if not, the reasons for that;

    (h)whether FSTB had taken the initiative to approach CEDB in the past three years to learn about the impact of section 39E on the upgrading and restructuring of enterprises; if it had, of the details of such actions, when such actions were taken, and the response of CEDB; if not, the reasons for that;

    (i)whether FSTB or IRD had consulted CEDB or the Department of Justice ("DoJ") on the issue of section 39E in the past three years; if it had, of the details of such consultations, when such consultations were conducted, as well as the relevant response; if not, the reasons for that;

    (j)whether DoJ had provided legal advice to other government departments on issues relating to section 39E in the past three years; if it had, of the details of the legal advice, when such advice was given, and the government departments which received such advice; if not, the reasons for that;

    (k)given that the authorities pointed out that in the process of reviewing section 39E, the views of the industrial and commercial sector, the accounting sector and tax experts on this issue had been taken into consideration, whether the authorities can disclose to the public these views; whether the government's conclusion is consistent with these views; if not, of the reasons for that;

    (l)given that when the Government introduced the bill to amend section 39E, Hong Kong had not yet entered into comprehensive avoidance of double taxation agreements with other countries, whether the authorities can explain in detail the reasons why providing depreciation allowances for machinery and plant outside Hong Kong would give rise to the problem of transfer pricing and jeopardize the "arm's length principle";

    (m)regarding cases in which Hong Kong businessmen's enterprises operated under partnership or sole proprietorship on the Mainland were approved by the relevant mainland authorities to sign "contract processing" contracts, but such enterprises continue to operate in accordance with the previous mode of "contract processing", whether IRD will continue to assess the tax payable by these Hong Kong enterprises on a 50:50 basis of apportionment; if not, of the reasons for that; and

    (n)given that according to the existing requirement of IRD, after Hong Kong enterprises have upgraded and restructured themselves from "contract processing" to "import processing", they are no longer eligible for the depreciation allowances for machinery and plant, and the 50:50 basis of tax apportionment is also no longer applicable to them, whether an enterprise which gives up its efforts of upgrading and restructuring itself and then engages itself again in "contract processing" will become eligible for this allowance again, and whether the 50:50 basis of tax apportionment will then become applicable to it again; if not, of the reasons for that?
Public Officer to reply : Secretary for Financial Services and the Treasury

15. Hon Abraham SHEK to ask:
(Translation)

At present, the United Nations High Commissioner for Refugees ("UNHCR") still owes the Hong Kong Government a total sum of $1,162 million, being the advanced costs incurred for matters related to Vietnamese migrants. Regarding the recovery of such arrears, will the Government inform this Council:
    (a)of the number of attempts by the authorities to recover the arrears, as well as the channels and means, including correspondences and meetings, by which such attempts have been made since Hong Kong's reunification; of the details of the recovery actions taken in each instance and the amounts recovered;

    (b)whether it has calculated the accrued interest on the arrears to date, and requested UNHCR to pay the interest in full; if it has, of the details; if not, the reasons for that;

    (c)as the authorities indicated that they would continue to pursue the repayment of the outstanding advances from the UNHCR and urge it to make renewed efforts to look for donations with a view to settling the amount, whether the authorities know the countries from which such donations have been sought; whether they have requested UNHCR to report the relevant progress regularly; and

    (d)whether there are any new strategies formulated for recovering the arrears; if there are, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Security

16. Hon CHEUNG Kwok-che to ask:
(Translation)

The Chief Executive indicated in the 2010-2011 Policy Address that the Government would enhance the provision of healthcare, education and pre-school services to autistic children, and would also provide their parents and carers with information on autism. The Financial Secretary also mentioned in the 2011-2012 Budget that dedicated professional teams would be expanded to provide services for an additional 3 000 children with autism or hyperactivity disorder each year. To this end, the Hospital Authority will recruit 48 additional medical personnel. In this connection, will the Government inform this Council:
    (a)given that a survey report published by the United States Centers for Disease Control and Prevention has pointed out that one in every 110 children aged eight or above suffered from autism in 2006, and according to this ratio, it is projected that there are at present about 70 000 autistic persons in Hong Kong, whether the authorities have assessed if this projection method is applicable to Hong Kong;

    (b)of the details of the enhanced healthcare and education services to be provided by the authorities to autistic children, as well as the welfare services and employment support services provided by the authorities to autistic persons;

    (c)of the details of the establishment of the aforesaid medical personnel; and

    (d)whether the authorities have any plan to conduct comprehensive assessments and studies on the needs of and services received by autistic persons?
Public Officer to reply : Secretary for Food and Health

17. Hon Emily LAU to ask:
(Translation)

It has been reported that during his visit to Hong Kong in late February this year, the mayor of Taipei visited a public rental housing ("PRH") estate. He subsequently indicated that a study was being conducted on the construction of PRH in Taipei, and the unit sizes would be about twice those in Hong Kong, with about 39 square metres ("sq m") for single-person units and about 79 sq m for small-family units. Regarding the sizes and designs of PRH units in Hong Kong, will the Executive Authorities inform this Council:
    (a)when and based on what criteria the Hong Kong Housing Authority ("HA") formulated the existing standard for PRH space allocation per person;

    (b)whether they know in which Asian cities PRH is provided to the residents, the relevant standards for space allocation per person and the average space allocated to each person;

    (c)whether they know how the PRH units provided by HA compare with those of other Asian cities in terms of flat size and layout of rooms, broken down by the designed number of occupants per unit, e.g. the sizes and number of rooms for one/two persons, two/three persons, four persons and five persons or more;

    (d)whether they have studied how to improve the designs of PRH units so that they will be on a par with or similar to the PRH units of other Asian cities in terms of size and layout; and

    (e)whether they have considered designing larger PRH units for the elderly in response to the ageing population?
Public Officer to reply : Secretary for Transport and Housing

18. Hon KAM Nai-wai to ask:
(Translation)

Regarding the number and locations of three-coloured waste separation bins, will the Government inform this Council:
    (a)of the numbers of three-coloured waste separation bins placed in the following government buildings at present;

    Government buildingNumber of three-coloured
    waste separation bins
    Legislative Council Building
    Revenue Tower
    Kwai Chung Customhouse
    ICAC Building
    Immigration Tower
    Fire Services Headquarters Building
    Civil Engineering and Development Building
    Electrical and Mechanical Services Department Headquarters
    Hong Kong Housing Authority Headquarters
    Leisure and Cultural Services Headquarters
    ...}
    ...} (Headquarters of other government departments)
    ...}

    (b)of the numbers of three-coloured waste separation bins placed in the government buildings or venues in the following districts at present; and

    Government buildings
    and other venues
    Central and Western DistrictWong Tai Sin District......
    ......

    (Other District Council districts)
    ......


    1. Government buildings




      Government Offices





      Police stations





      Courts at different levels/ districts





      ......}





      ......}(Other government buildings in the district)





      ......}





    2. Public areas




      City Hall





      Public libraries





      Sports complexes





      Parks





      ......}





      ......}(Other public areas in the district)





      ......}





    3. Schools




    4. Refuse depots





    (c)given that in reply to a question raised by a Member of this Council on 26 May 2010, the Secretary for the Environment indicated that the Government would pair up waste separation bins with litter bins if appropriate and circumstances permit, e.g. causing no obstruction or posing no danger to road users,

    (i)of the number and locations of waste separation bins which had been paired up with litter bins in each of the past three years, as well as the types of buildings in which such recovery facilities had been placed, together with a breakdown of the figures and information by the 18 District Council districts and type of buildings;

    (ii)of the criteria based on which the Government determines whether the situation concerned is permitted by circumstances and appropriate, and causes no obstruction or poses no danger to road users; and

    (iii)whether it has any plan to implement the arrangement to pair up waste separation bins with litter bins throughout Hong Kong; if so, of the details and the specific timetable; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment

19. Hon Paul TSE to ask:
(Translation)

It has been reported that the 9 magnitude earthquake and radiation leak incident that happened in Japan on the 11th of March this year struck the tourism industry severely and also gave rise to many complaints. Some outbound tour escorts and guides said that they did not know how to handle travellers' panic, and the crisis handling guidelines under the prevailing Code of Conduct for Outbound Tour Escorts and the relevant training provided under the accreditation system are confined to the arrangement of itineraries and tour group members' safety only, with no specific guidelines for handling sudden incidents such as earthquake or being held hostage during the tour. Some members of the tourism industry have recently suggested to the Travel Industry Council of Hong Kong ("TIC") that it organizes relevant talks but no reply is received so far, and they consider that "the support to the industry provided by TIC is virtually nil". In this connection, will the Government inform this Council:
    (a)whether the Tourism Commission and the Commerce and Economic Development Bureau, which are responsible for monitoring the operations of TIC, have studied any policy and measure to help the tourism industry handle problems caused by natural disasters; if they have, of the details; if not, whether they will do so as soon as possible;

    (b)whether it knows the number of complaints regarding Japan-bound tours received by TIC from members of the tourism industry and travellers since the 9 magnitude earthquake in Japan; among such complaints, of the number of cases that have already been settled with the assistance from TIC; and the number of unsettled cases or appeals; and

    (c)whether it knows the numbers of complaints alleging the mishandling of complaints by TIC received by TIC and the Consumer Council respectively since the 9 magnitude earthquake in Japan; in view of such complaints, whether the Government has proposed any improvement plan to TIC; if it has, of the plan?
Public Officer to reply : Secretary for Commerce and Economic Development

20. Hon Abraham SHEK to ask:


According to Government statistics, a total of 82 095 babies were born in Hong Kong in 2009, 35 979 of them were born to mainland women. Among the latter, the number of babies born to mainland women whose spouses were not Hong Kong permanent residents was 29 766, which more than tripled the figure of 9 273 in 2005. With regard to the increasing demand for obstetric services in public hospitals, will the Government inform the Council:
    (a)whether it knows, in each year between 2005 and 2009, the respective numbers of mainland pregnant women who returned to the Mainland and those who stayed behind after giving birth in Hong Kong, as well as the annual changes in such figures in terms of number and percentage;

    (b)given the drastic increase in the number of mainland pregnant women giving birth in Hong Kong and their demand for local obstetric services in recent years, whether the Government will further review the existing policy on the provision of obstetric services to mainland pregnant women with a view to ensuring that the services provided to local pregnant women will not be affected; if it will, of the details with respect to the factors to be considered for setting the level of the fees for the obstetric service package payable by Non-eligible Persons ("NEPs"); if not, the reasons for that;

    (c)whether it knows, following the implementation of the revised arrangements for obstetric services for NEPs by the Hospital Authority ("HA") since 1 February 2007, the respective percentage changes in the number of NEPs and eligible persons using HA's obstetric services in the past three years; and

    (d)given that the authorities indicated in January 2010 that the delivery capacity in HA had been fully utilized in 2008 and 2009, whether the Government has examined the feasibility of increasing the delivery capacity in public hospitals; if it has, of the details, including whether the manpower resources available at present will be able to cope with the additional workload or there is a need to recruit additional healthcare staff; if there is such a need, of the details?
Public Officer to reply : Secretary for Food and Health

III. Bills

First Reading

1. Dutiable Commodities (Amendment) Bill 2011

2. Motor Vehicles (First Registration Tax) (Amendment) Bill 2011

Second Reading (Debates to be adjourned)

1.Dutiable Commodities (Amendment) Bill 2011:Secretary for Food and Health

2.Motor Vehicles (First Registration Tax) (Amendment) Bill 2011:Secretary for Transport and Housing

Second Reading (Debate to resume), Committee Stage and Third Reading

Appropriation Bill 2011:The Financial Secretary

Other Public Officers to attend the Second Reading debate:The Chief Secretary for Administration Secretary for Education
Secretary for Food and Health
Secretary for Labour and Welfare
Secretary for the Environment
Secretary for Transport and Housing


Amendments to Heads of Estimates in
Committee of the Whole Council on the Appropriation Bill 2011

(i)Hon Fred LI to move the following motion:

Resolved
that head 22 be reduced by $1,300,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Food and Health

(ii)The Financial Secretary to move the following motion:

Resolved
that head 106 be increased by $7,100,000,000 in respect of subhead 789.

(iii)Hon James TO to move the following motion:

Resolved
that head 122 be reduced by $46,060,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Security

(iv)Hon James TO to move the following motion:

Resolved
that head 122 be reduced by $18,506,805 in respect of subhead 000.

Other Public Officer to attend : Secretary for Security

(v)Hon James TO to move the following motion:

Resolved
that head 122 be reduced by $80,000,000 in respect of subhead 103.

Other Public Officer to attend : Secretary for Security

(vi)Hon Albert CHAN to move the following motion:

Resolved
that head 138 be reduced by $3,000,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(vii)Hon Albert CHAN to move the following motion:

Resolved
that head 141 be reduced by $2,900,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(viii)Hon CHEUNG Kwok-che to move the following motion:

Resolved
that head 141 be reduced by $281,666 in respect of subhead 000.

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

(ix)Hon WONG Yuk-man to move the following motion:

Resolved
that head 142 be reduced by $85,899,000 in respect of subhead 000.

Other Public Officer to attend : The Chief Secretary for Administration

(x)Hon Alan LEONG to move the following motion:

Resolved
that head 142 be reduced by $302,500 in respect of subhead 000

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

(xi)Hon CHEUNG Man-kwong to move the following motion:

Resolved
that head 142 be reduced by $241,666 in respect of subhead 000.

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

(xii)Hon Albert CHAN to move the following motion:

Resolved
that head 144 be reduced by $234,900,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(xiii)Hon Albert CHAN to move the following motion:

Resolved
that head 144 be reduced by $1,900,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(xiv)Hon Albert CHAN to move the following motion:

Resolved
that head 152 be reduced by $1,900,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(xv)Hon Albert CHAN to move the following motion:

Resolved
that head 158 be reduced by $1,900,000 in respect of subhead 000.

Other Public Officer to attend : Secretary for Constitutional and Mainland Affairs

(xvi)Hon LEE Wing-tat to move the following motion:

Resolved
that head 158 be reduced by $281,666 in respect of subhead 000.

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

(xvii)Hon Cyd HO to move the following motion:

Resolved
that head 160 be reduced by $1,984,200 in respect of subhead 000.

Other Public Officer to attend : Secretary for Commerce and Economic Development

(The amendment of the Financial Secretary was issued
on 6 April 2011 under LC Paper No. CB(3) 638/10-11,
and the amendments of Hon Fred LI, Hon James TO, Hon Albert CHAN,
Hon CHEUNG Kwok-che, Hon WONG Yuk-man, Hon Alan LEONG,
Hon CHEUNG Man-kwong, Hon LEE Wing-tat and Hon Cyd HO
were issued on 8 April 2011 under LC Paper No. CB(3) 658/10-11)

IV. Members' Motions
  1. Proposed resolution under the Interpretation and General Clauses Ordinance

    Hon Miriam LAU to move the following motion:

    Resolved that in relation to the-

    (a)Declaration of Constituencies (District Councils) Order 2011, published in the Gazette as Legal Notice No. 44 of 2011; and

    (b)Fisheries Protection (Specification of Apparatus) (Amendment) Notice 2011, published in the Gazette as Legal Notice No. 45 of 2011, and laid on the table of the Legislative Council on 30 March 2011, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 18 May 2011.

    Public Officer to attend : Secretary for Constitutional and Mainland Affairs

  2. Motion under Rule 49E(2) of the Rules of Procedure

    Hon Miriam LAU to move the following motion:

    That this Council takes note of Report No. 19/10-11 of the House Committee laid on the Table of the Council on 13 April 2011 in relation to the subsidiary legislation and instrument(s) as listed below:

    Item NumberTitle of Subsidiary Legislation or Instrument

    (1)Securities and Futures Ordinance (Amendment of Schedule 5) Notice 2011 (L.N. 28/2011)

    (2)Securities and Futures (Financial Resources) (Amendment) Rules 2011 (L.N. 29/2011).

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