A 16/17-23

Legislative Council

Agenda

Wednesday 17 May 2017 at 11:00 am

I. Tabling of Papers



Subsidiary Legislation / InstrumentsL.N. No.
1.Financial Institutions (Resolution) (Protected Arrangements) Regulation76/2017
2.Financial Institutions (Resolution) Ordinance (Commencement) Notice 201777/2017
3.Employees Retraining Ordinance (Amendment of Schedule 2) (No. 2) Notice 201778/2017

Other Papers

1.No. 96-Research Endowment Fund
Financial statements and Report of the Director of Audit for the year ended 31 August 2016
(to be presented by Secretary for Education)

2.No. 97-Securities and Futures Commission
Approved budget of income and expenditure
for the financial year 2017/2018
(to be presented by Secretary for Financial Services and the Treasury)

3.Report of the Bills Committee on Inland Revenue (Amendment) Bill 2017
(to be presented by Hon IP Kin-yuen, member of the Bills Committee)

II. Questions for Written Replies



1. Hon CHEUNG Kwok-kwan to ask: (Translation)


In recent years, there have been voices in society calling for the abolition of the Primary Three Territory-wide System Assessment ("TSA") because some schools over-drilled their students in the hope that the students would get good scores in the assessment. Last year, after making improvements to TSA (including adjusting the design of assessment papers and questions) in accordance with the recommendations of a committee, the Education Bureau ("EDB") invited 50 schools to participate in a tryout for the Basic Competency Assessment Research Study ("BCA"). In view of the positive feedback on the tryout, EDB extended BCA to all primary schools in the territory this month. However, some parents request EDB to shelve BCA as they are still worried that schools will drill students. In this connection, will the Government inform this Council:
  • (1)of the current total number of schools which have expressly indicated that they are not participating in BCA; the percentage of that number in the total number of schools in the territory; the follow-up actions taken by EDB in respect of those schools which have expressly indicated their non-participation, and whether EDB has plans to, as far as possible, persuade them to participate;

    (2)given that EDB has appealed for a number of times to schools not to drill students in preparation for BCA, of the specific measures, other than making those appeals, put in place by EDB to ensure that schools will not drill their students; how EDB handles complaints about schools drilling students; and

    (3)whether EDB will, upon the completion of BCA of this school year, carry out the relevant analysis and study to assess the effectiveness of BCA and determine its future direction; if EDB will, when it will commence and complete such work, and whether it will compose a detailed report on the analysis and study outcome; if EDB will, whether it will publish the report and table it in this Council?
Public Officer to reply : Secretary for Education

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


Quite a number of members of the public have complained to me that subsidized housing has been persistently in short supply, leaving them no choice but to live in rented private residential units and pay high rents while waiting for allocation of such housing. Despite the implementation of a series of demand-side management measures by the Government targeting the residential property market in recent years, residential property prices have repeatedly hit record high and, like a rising tide that lifts all boats, the rents have also risen incessantly. In this connection, will the Government inform this Council:
  • (1)of the respective expected numbers of public rental housing estates and Home Ownership Scheme courts which will be ready for intake in the coming nine months, and set out in a table the names of the housing estates and courts, the districts in which they are located, the numbers of flats to be provided and intake dates;

    (2)whether it will introduce new demand-side management measures in the coming six months to bring down residential property prices and rents; if so, of the details; if not, how the authorities address the public demand for housing; and

    (3)given the current short supply of subsidized housing, whether the authorities will consider afresh implementing a rent control scheme; if so, of the implementation timetable; if not, what more effective measures the authorities have in place to alleviate the rent burden on the public?
Public Officer to reply : Secretary for Transport and Housing

3. Hon LUK Chung-hung to ask: (Translation)


In 2014, the Government established the Maritime and Aviation Training Fund ("the Fund") with an allocation of $100 million to subsidize young students and working persons to receive relevant technical training and undertake professional degree programmes and join the maritime and aviation industries. In this connection, will the Government inform this Council:
  • (1)whether it has assessed the manpower supply and demand situations of the maritime and aviation industries in each of the past five years and coming five years; if so, of the details; if not, the reasons for that;

    (2)of the respective numbers of students and working persons subsidized by the Fund each year since the establishment of the Fund, and among them, the respective numbers of those who were employed by the maritime and aviation industries upon completion of the relevant programmes or the relevant training, with a breakdown by post;

    (3)of the measures currently implemented by the authorities for the purpose of nurturing talents for the maritime and aviation industries through the Fund; and

    (4)whether it will adopt measures to encourage employers of the maritime and aviation industries to employ those persons who have been subsidized by the Fund, for example, making it mandatory that a certain number of crew members employed to work on a ship registered in Hong Kong must be locally trained, in order to safeguard the employment opportunities of local talents; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Transport and Housing

4. Hon Christopher CHEUNG to ask: (Translation)


In March this year, the Premier of the State Council stated in the Report on the Work of the Government that "[w]e will promote closer cooperation between the mainland and Hong Kong and Macao. We will draw up a plan for the development of a city cluster in the Guangdong-Hong Kong-Macao Greater Bay Area, give full play to the distinctive strengths of Hong Kong and Macao, and elevate their positions and roles in China's economic development and opening up". The Guangdong-Hong Kong-Macao Big Bay Area ("Big Bay Area") covers 11 cities, including Hong Kong and Macao. In April this year, the Chief Executive led a delegation comprising a number of senior government officials, non-official members of the Executive Council and members of the Commission on Strategic Development and the Economic Development Commission to visit a number of Mainland cities in the Big Bay Area. In this connection, will the Government inform this Council:
  • (1)as the authorities have indicated that they will promote cooperation in the Big Bay Area under the principles of "complementarity and mutual benefits", and will conduct research on Hong Kong's role in the Big Bay Area, of the specific direction and objectives of the research; how the authorities will facilitate the industries where Hong Kong enjoys clear advantages, in particular the finance industry and the financial services industry, to play a leading role in the economic development of the Big Bay Area, and how they will, through the Mainland and Hong Kong Closer Economic Partnership Arrangement, enable the various relevant industries in Hong Kong to play an important role and make contributions in the Big Bay Area;

    (2)whether it will, based on the findings of the relevant research and visits, formulate specific policies, measures and timetables, including measures for implementing enhanced immigration and customs clearance arrangements, to foster tourism and commercial development with a view to laying a solid foundation for developing the Big Bay Area into a world-class tourist area in the long run; and

    (3)whether the current-term Government will, before the end of its term, arrange for Members of this Council to visit the Mainland cities in the Big Bay Area; as the Government has indicated that it will submit its views on the planning of the Big Bay Area to the National Development and Reform Commission before the end of June this year, whether the Government will consult the organizations or chambers of commerce of various relevant industries in Hong Kong before submitting the views; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Constitutional and Mainland Affairs

5. Hon Alice MAK to ask: (Translation)


Platforms for raising funds from and lending small loans to members of the public through the Internet ("crowdfunding and lending platforms") have become popular in recent years. However, some financial advisers have pointed out that investors participating in crowdfunding activities are exposed to considerable risks. In this connection, will the Government inform this Council:
  • (1)whether it knows the number of companies currently operating local crowdfunding and lending platforms, and the number of complaints received by the authorities in the past three years concerning crowdfunding activities, with a breakdown by type of complaints;

    (2)how the current legislation regulates the fundraising and lending activities conducted through crowdfunding and lending platforms;

    (3)as some financial advisers have pointed out that investors provide funds through such platforms, which in turn lend the funds to borrowers, whether the authorities will, to avoid such investors breaching the law inadvertently, clarify if such investors are regarded as money lenders under the Money Lenders Ordinance (Cap. 163) and therefore are required to obtain money lender licences; and

    (4)whether the authorities will conduct public education activities on the risks faced by investors participating in crowdfunding activities; if so, of the details?
Public Officer to reply : Secretary for Financial Services and the Treasury

6. Hon Jimmy NG to ask: (Translation)


According to "Hong Kong 2030+: Towards a Planning Vision and Strategy Transcending 2030" published by the Government in December last year, Lantau Island will become the focal point of Hong Kong's future development. Moreover, the Hong Kong-Zhuhai-Macao Bridge ("HZMB"), upon its commissioning , will link up Lantau Island and other cities in the Guangdong-Hong Kong-Macao Big Bay Area ("Big Bay Area") which is under planning. As such, the industrial and commercial sectors have great concern for the economic development of Lantau Island as well as the opportunities to be brought about by the Big Bay Area. In this connection, will the Government inform this Council:
  • (1)given that some Hong Kong people are worried that Hong Kong will lose its autonomy if it participates in the economic planning of the adjacent regions, but will be marginalized if it does not, whether the Government has consulted and lobbied the authorities of neighbouring cities on the planning of the Big Bay Area with a view to securing for Hong Kong a positioning which is conducive to its long-term development, and avoiding vicious competition between Hong Kong and its neighbouring cities; if so, of the details; if not, the reasons for that;

    (2)given that the Government has pointed out that Lantau Island will become the confluence of the Greater Pearl River Delta and the "double gateway" of Hong Kong, and some members of the commercial sector consider that the Big Bay Area is a brand and Lantau Island is the brand of brands possessing immense economic value, whether the Government will, having regard to the planning of the Big Bay Area and leveraging on the increasingly comprehensive and well connected transport network of Lantau Island, further revise the industry planning and market positioning of Lantau Island, such as developing high value-added logistics and storage industries and establishing a Hong Kong brand industrial park integrating manufacturing, retail and tourism industries; if so, of the details; if not, the reasons for that; and

    (3)given that HZMB is scheduled for completion at the end of this year, and the Humen Second Bridge and the Shenzhen-Zhongshan estuary passage are expected to be commissioned in 2019 and 2023 respectively, and these three transport infrastructures, upon their commissioning, can boost the economy of Pearl River East, and such effect generated therefrom will radiate to Pearl River West, whether the Government has, in respect of these three infrastructures, conducted any integrated assessment on their daily throughputs, the economic benefits to be generated and the regional collaboration opportunities arising; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

7. Hon Abraham SHEK to ask:


The Chief Executive announced in the 2017 Policy Address that he had asked the authorities to explore the feasibility of allocating a small proportion of land on the periphery of country parks with relatively low ecological and public enjoyment value for other uses. Yet there are strong public views that given the existing substantial quantity of undeveloped and underdeveloped land, including brownfield sites in Hong Kong, the Government should accord priority to their development rather than jeopardizing our country parks, which are valuable natural resources. In this connection, will the Government inform this Council:
  • (1)of the authorities' projections to date of the respective demands for commercial, residential and industrial floor areas for the next decade;

    (2)of the following details in respect of the sites covered by various statutory outline zoning plans ("OZPs") in the table below: (i) the number of undeveloped and/or underdeveloped sites, (ii) their total area, and (iii) the total gross floor area which may be developed, calculated on the basis of the development parameters set out in the respective OZPs and/or the Building (Planning) Regulations (Cap. 123 sub. leg. F); and

    Undeveloped and/or underdeveloped sites(i)(ii)(iii)
    Sites currently zoned for "Commercial", "Residential" and/or "Industrial" uses   
    Sites convertible to "Commercial", "Residential" and/or "Industrial" uses by approving planning applications made to the Town Planning Board   

    (3)whether the authorities have any plan to prioritize and expedite the development of undeveloped and underdeveloped sites to meet the land demand through various means, including change of land use and/or lease modification; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

8. Hon YIU Si-wing to ask: (Translation)


The Chief Executive indicated in the 2017 Policy Address that "the Government will, from this year, organize Belt and Road promotional tours to countries with market potential, such as Iran, Indonesia, Malaysia and India, with a view to attracting film producers to come to Hong Kong for post-production and location filming and production facilitation services". Some members of the tourism industry have pointed out that producers of overseas movies and television dramas and programmes ("movie/TV works") conducting location filming in Hong Kong will help promote Hong Kong's scenery to overseas audiences, thus alluring them to tour Hong Kong. In this connection, will the Government inform this Council:
  • (1)whether it knows the details of the overseas movie/TV works which involved location filming in Hong Kong in each of the past five years, including (i) the titles of the works, (ii) the places where the works were produced, (iii) the countries/places where the works were distributed/broadcast and (iv) numbers of viewers (set out in a table);

    (2)of the assistance provided by the authorities to the producers of the movie/TV works mentioned in (1), and the public expenditure involved;

    (3)given that in recent years, the filming locations in Taiwan, South Korea and New Zealand of some popular movie/TV works have been developed into tourist attractions, whether the authorities have examined the factors contributing to the success of those examples, and taken the initiative to communicate with the authorities of the relevant countries/places to learn from their experience so as to step up Hong Kong's efforts in this respect; if so, of the details; if not, the reasons for that; and

    (4)whether the authorities have drawn up any specific work plans for the coming three years to attract more producers of overseas movie/TV works to conduct location filming in Hong Kong, with a view to promoting Hong Kong's tourism industry; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce and Economic Development

9. Hon SHIU Ka-fai to ask: (Translation)


Regarding the long-term development of Hong Kong's retail industry, will the Government inform this Council:
  • (1)of the total floor area of the retail shops in Hong Kong in each of the past 15 years, with a breakdown by the capacity (i.e. private entities, the Hong Kong Housing Authority and the Hong Kong Housing Society) of the owners of the properties where the shops were located;

    (2)of the projected total floor area of the retail shops in Hong Kong in each of the coming 10 years, with a breakdown by the capacity (i.e. private entities, the Hong Kong Housing Authority and the Hong Kong Housing Society) of the owners of the properties where the shops are located;

    (3)whether it assessed, in the past five years, the demand for floor areas of retail facilities and shops; if so, of the assessment method and outcome;

    (4)of the percentage of tourists' spending in Hong Kong in the value of total retail sales in each of the past five years (with a tabulated breakdown by major type of retailers);

    (5)given that the Planning Department conducted in 1996 and 2005 respectively the Review on Shopping Habits (which comprised surveys on households and retailers as well as structured meetings with major stakeholders) with a view to understanding the shopping habits of Hong Kong people and the perceived retail hierarchy, whether the authorities have plans to conduct such a review afresh to provide reference information for the long-term development of the retail industry; if so, of the details; if not, the reasons for that; and

    (6)given that in announcing the outcome of the Review on Shopping Habits conducted in 2005, the authorities indicated that online shopping was not prevalent and was not expected to become popular in the future in Hong Kong, whether the authorities have plans to conduct in-depth studies on online shopping; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

10. Hon LAU Kwok-fan to ask: (Translation)


Regarding the services provided by the public libraries ("libraries") under the Leisure and Cultural Services Department ("LCSD"), will the Government inform this Council:
  • (1)of the average monthly (i) attendance figures and (ii) numbers of loans of books and other materials of various libraries last year, with a breakdown by the District Council districts in which the libraries are located and type of libraries (i.e. major, district and small libraries);

    (2)of the reasons why the current opening hours of small libraries are only 56 hours per week at the most; whether LCSD will extend the service hours of those small libraries with higher utilization rates (e.g. Fanling South Public Library); if so, of the details; if not, the reasons for that;

    (3)given that some residents have relayed to me that the computer workstations at the Fanling South Public Library are not installed with word processing software for use by the public, of the current number of computer workstations for use by the public at various libraries which are installed with word processing software, and whether LCSD will consider installing such software in all computer workstations; if so, of the details; if not, the reasons for that; and

    (4)given that LCSD has currently installed a total of 12 book drop boxes in three major MTR interchange stations (i.e. Central, Nam Cheong and Kowloon Tong stations) only, whether LCSD will install book drop boxes in other MTR stations for the convenience of the public; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

11. Hon Michael TIEN to ask: (Translation)


Some teachers' associations have relayed to me that the remuneration package for English teachers appointed under the Native-speaking English Teacher ("NET") Scheme should be reviewed. For instance, the medical allowance provided for NETs (i.e. a single appointee and a married appointee may be reimbursed up to $1,400 and $5,400 per year respectively for taking out medical insurance) has not been adjusted since it was set in 1997, and such amounts are insufficient to cover related expenses nowadays. On the other hand, at the meeting of the Panel on Education of this Council held on 14 December 2015, officials from the Education Bureau ("EDB") indicated that EDB was studying the feasibility of providing an additional NET for public-sector primary schools with a greater number of classes and would design a pilot plan based on the study findings. In this connection, will the Government inform this Council:
  • (1)of the latest progress of the study conducted by EDB on providing an additional NET for public-sector primary schools with a greater number of classes;

    (2)of the respective percentages of retention and attrition of NETs in public-sector primary and secondary schools in each of the past three school years;

    (3)whether it has studied the relationship between the remuneration package for NETs and their decisions to stay on or leave the service; if so, of the details; if not, whether it will conduct such a study; and

    (4)whether it has plans to review the remuneration package for NETs, including raising their medical allowance?
Public Officer to reply : Secretary for Education

12. Hon WONG Ting-kwong to ask: (Translation)


It has been reported that as safe deposit boxes for rent in banks have been persistently in short supply in recent years, more and more non-bank institutions are engaged in safe deposit box business. However, some members of the public doubt whether it is safe and reliable for them to store their valuables in the safe deposit boxes provided by such institutions. In this connection, will the Government inform this Council:
  • (1)whether it knows (i) the total number and year-on-year rate of increase/decrease of bank deposit boxes, and (ii) the ratio of the total number of bank deposit boxes to the number of applicants for renting them, in each of the past five years, and set out the relevant figures by District Council district;

    (2)whether it knows (i) the current average waiting time for bank deposit boxes and (ii) the reasons for the persistent short supply of them;

    (3)whether the authorities will study the provision of incentives or assistance to encourage banks to provide more safe deposit boxes for rent by the public, e.g. encouraging banks to provide safe deposit boxes in buildings which are conveniently accessible by transport and in compliance with the relevant requirements; if so, of the details; if not, the reasons for that;

    (4)whether it knows the total number of safe deposit boxes currently provided by non-bank institutions; and

    (5)how the authorities currently regulate the safe deposit box business operated by non-bank institutions to protect the rights of renters, including whether they have stipulated the circumstances under which such institutions will be held responsible for the loss suffered by renters; whether they have assessed if the protection currently afforded to such renters is adequate; if they have assessed, of the details?
Public Officer to reply : Secretary for Financial Services and the Treasury

13. Dr Hon Priscilla LEUNG to ask: (Translation)


The Hong Kong Housing Authority ("HA") has adopted since 1988 a single-operator arrangement for letting markets in public rental housing ("PRH") estates, under which a single tenancy for a market is awarded to an operator, who will be responsible for the management of the whole market, including subletting market stalls to individual stall operators. All markets in PRH estates completed from 1997 onwards have been let under the single-operator arrangement. In this connection, will the Government inform this Council:
  • (1)of the number of newly completed markets in PRH estates that will be let under the single-operator arrangement in the coming five years;

    (2)given that some single operators calculate the rents payable by individual stall operators according to the operation modes of different trades and the business turnover of the stalls, whether HA will include a provision in new contracts for single-operator markets to specify the maximum rent levels that single operators may charge stall operators;

    (3)whether HA has currently put in place any mechanism to monitor the quality of single operators' management of markets and rate of increase in rents that stall operators are charged; if so, of the effectiveness of the mechanism; if not, the reasons for that;

    (4)whether HA has currently put in place any mechanism or set up any committee to handle complaints lodged by stall operators against single operators; and

    (5)whether HA will take over the management of a market which has been let to a single operator when most of the stall operators of the market have closed down their business due to their inability to afford the rents, so as to ensure that such markets will continue to serve the residents in the neighborhood; if HA will not, what HA will do to meet the residents' shopping needs?
Public Officer to reply : Secretary for Transport and Housing

14. Hon CHAN Kin-por to ask: (Translation)


The first four months of this year already saw 11 fatal industrial accidents, and this number is higher than that (i.e. nine cases) in the first half of last year. Regarding industrial accidents, will the Government inform this Council:
  • (1)of the number of fatal industrial accidents in each of the past five years, together with a breakdown by cause of accident (such as excessive fatigue of employees arising from meeting tight work schedule or insufficient manpower, employees lacking relevant training, and a lack of safety equipment in workplace);

    (2)of the manpower establishment of the Task Force on Improving Work Injury Protection for Employees in High-risk Industries which was set up by the Government in February last year, as well as the measures recommended by the Task Force which have been implemented and the effectiveness of such measures;

    (3)of the respective numbers of prosecutions instituted in each of the past five years against employers for holding them liable for industrial accidents and, among such cases, those in which the employers were convicted, as well as the penalties imposed in general and the highest penalties imposed; and

    (4)whether the Government will consider increasing the penalty for employers who have been held liable for industrial accidents, such as disqualifying those contractors who have been involved in serious industrial accidents from, or suspending their eligibility for, bidding for public works contracts; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Labour and Welfare

15. Hon MA Fung-kwok to ask: (Translation)


At present, Christianity, Catholicism, Islam, Taoism, Confucianism and Buddhism are the major religions in Hong Kong. Confucianism advocates the teachings and ideology of Confucius. The Chief Executive said in 2014 that Confucius, being referred to as "the model teacher for ten thousand ages", had far-reaching influence upon Chinese history and society, and it was worth the efforts to disseminate and promote the five virtues of "benevolence, righteousness, propriety, wisdom and integrity" advocated by Confucius, which were the core values of the Chinese nation. The Government has endorsed the third Sunday of September as "Confucian Day" since 2014. In this connection, will the Government inform this Council:
  • (1)given that a Confucian leader has proposed to make "Confucian Day" an additional general holiday each year, to be offset by deleting "Easter Monday" so as to make the total number of days of general holidays each year unchanged, and it is learnt that such proposal is supported by the leaders of the other five major religions, whether the authorities will consider such proposal and conduct a public consultation exercise accordingly, so as to collect public views and seek a consensus in society in this respect; if so, of the details; if not, the reasons for that; and

    (2)of the measures in place to promote Confucian ideology and values?
Public Officer to reply : Secretary for Labour and Welfare

16. Hon LAM Cheuk-ting to ask: (Translation)


On the 25th of last month, the window of a saloon car for use by the Secretary for Development was smashed and a briefcase inside the car compartment which belonged to the Secretary (containing a tablet computer and a batch of government documents) was stolen while the car was parked at the Hong Kong Science Museum in Tsim Sha Tsui. The authorities subsequently issued a statement that the Development Bureau, after learning about the incident, had forthwith halted the operation of the stolen tablet computer through remote control, and that the stolen documents did not contain personal data of the public. However, some members of the public are worried about lawbreakers exploiting for benefits the confidential or business sensitive information (e.g. Executive Council papers or land planning information) contained in the stolen documents. In this connection, will the Government inform this Council:
  • (1)among the stolen documents, of the respective numbers of those classified as (i) top secret, (ii) secret, (iii) confidential and (iv) restricted, as well as the number of those containing business sensitive information about land planning, etc.;

    (2)whether the stolen tablet computer has been installed with any email software for handling official business; of the respective numbers of documents stored in the tablet computer which have been classified as (i) top secret, (ii) secret, (iii) confidential and (iv) restricted, as well as the number of those containing business sensitive information about land planning, etc.;

    (3)whether it has investigated if, in this theft case, the placing of the briefcase in the compartment of an unattended saloon car by the government official concerned has violated the relevant information technology security guidelines; if it has investigated, of the details; if not, the reasons for that; and

    (4)whether the authorities will revise the relevant guidelines and take improvement measures to prevent the recurrence of similar kind of incidents; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Development

17. Hon CHAN Han-pan to ask: (Translation)


The Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link ("XRL") is expected to be commissioned in the third quarter of next year, and will be operated by the MTR Corporation Limited ("MTRCL") under a service concession approach. It has been reported earlier that the Government has not yet commenced discussions with MTRCL on the operation of XRL, and the management of MTRCL is worried that there may not be sufficient time for it to carry out the preparatory work for the commissioning of XRL (such as staff recruitment). In this connection, will the Government inform this Council:
  • (1)of the time it plans to hold discussions with MTRCL on the operation of XRL; the terms of service concession, other than service concession payments, to be included in the contents of the discussions;

    (2)whether it has assessed the time needed by MTRCL for preparing for the commissioning of XRL; if so, of the outcome; and

    (3)whether it has formulated criteria for determining the XRL fees; if so, of the publication date of the criteria; whether such criteria involve the pegging of XRL fees to service concession payments?
Public Officer to reply : Secretary for Transport and Housing

18. Hon Steven HO to ask: (Translation)


Since 2007, the authorities have implemented new surveillance measures in respect of live pigs for slaughter ("the 2007 new surveillance measures"), under which urine samples are collected from live pigs for conducting rapid tests on veterinary drug residues, and before the test results are available, pig buying agents are allowed to bid for the pigs and transfer the pigs to waiting/holding lairages for slaughtering. In early August 2016, when 40 pigs were detected to have residues of veterinary drug beta-agonists (Salbutamol) (commonly known as "asthma drug"), they had already been slaughtered and released to the market. Although the authorities had implemented improvement measures after the incident ("the 2016 improvement measures"), some farmers are still worried that the improvement measures cannot ensure food safety and protect the rights and interests of pig buying agents. In this connection, will the Government inform this Council:
  • (1)of the detailed process of veterinary drug residues testing, auctioning and slaughtering of live pigs during the following three periods of time (set out in a table):

    (i)before the implementation of the 2007 new surveillance measures,

    (ii)after the implementation of the 2007 new surveillance measures and before the implementation of the 2016 improvement measures, and

    (iii)since the implementation of the 2016 improvement measures;

    (2)of the number of cases in which urine samples of live pigs failed to pass the veterinary drug residues test since the introduction of the test in 2001; among them, the respective numbers of cases in which (i) the places of origin of the problematic live pigs were identified, (ii) the persons concerned were prosecuted, and (iii) the persons concerned were convicted, and the penalties imposed on them in general;

    (3)as some farmers have pointed out that quite a number of problems are found in the existing system (including: (i) since live pigs are auctioned and mixed together in waiting lairages before the results of the veterinary drug residues test of their urine samples are available, such test results may not be admitted as evidence in the relevant prosecutions, and (ii) when some urine samples of live pigs fail to pass the veterinary drug residues test, the slaughter or retail processes concerned have to be suspended to wait for the authorities to contact hundreds of stakeholders and screen out the problematic pigs or their carcasses from several thousand pigs, resulting in considerable delays in the supply of live pigs), how the authorities will enhance the existing system to protect the rights and interests of pig buying agents and the public as well as reducing the impact on various parties when problems arise; and

    (4)as some retailers have pointed out that in the aforesaid incident in August last year, the authorities announced a list of 27 retail outlets involved right after learning about the test results, but 16 retail outlets of which were subsequently found to be unrelated to the selling of any products of the problematic pigs, whether the authorities have learnt a lesson and will ensure the accuracy of the information released so as to prevent innocent retailers from suffering losses; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Food and Health

19. Hon HO Kai-ming to ask: (Translation)


The Government, in collaboration with the Hong Kong Science and Technology Parks Corporation ("HKSTPC"), has been actively promoting re-industrialization in recent years, and it revised the Industrial Estate ("IE") policy in 2015 so as to make more efficient use of the lands in the three IEs under HKSTPC in order to support science, innovation and technology ("I&T") based industries. On the other hand, quite a number of Hong Kong manufacturers have planned in recent years to relocate the production lines of their non-I&T industries on the Mainland back to Hong Kong and intend to apply for admission to IEs. In this connection, will the Government inform this Council:
  • (1)whether it knows the current number of operating companies in each IE, with a breakdown by business type;

    (2)whether it knows, in respect of each IE in each of the past five years, (i) the utilization rate of the floor area, (ii) the floor area available for leasing, and (iii) the number of applications for admission received from non-I&T companies, with a breakdown by business type;

    (3)whether it knows if HKSTPC has plans to expand its IEs in the next five years; of the latest progress of the authorities' plan to develop new IEs near the Liantang/Heung Yuen Wai Boundary Control Point;

    (4)of the measures put in place by the authorities to facilitate the relocation of the production lines of non-I&T industries back to Hong Kong and their admission to IEs, and to support the development of such industries in Hong Kong; and

    (5)as there are views that building the brand of "Made in Hong Kong" as a guarantee of good quality products is conducive to promoting re-industrialization in Hong Kong, of the policies and measures put in place by the authorities for building the brand of "Made in Hong Kong" in the next three years, and how the authorities will assist in the building of brand images for locally made products?
Public Officer to reply : Secretary for Innovation and Technology

20. Dr Hon YIU Chung-yim to ask: (Translation)


According to a paper submitted by the Airport Authority ("AA") to this Council, marine sand from the Pearl River Delta Region will be used for the reclamation works under the project of the expansion of the Hong Kong International Airport into a three-runway system ("3RS reclamation works"). However, it has been reported that the contractor concerned has failed to source sufficient marine sand for the reclamation works and therefore has switched to use mechanical sand (i.e. sand made by crushing rubbles with machines). Some environmental groups have pointed out that the large amount of fine particles contained in mechanical sand are difficult to settle and will therefore be suspended in the sea for a long period of time, causing an unacceptable level of pollution to the waters in the vicinity of the reclamation area. In this connection, will the Government inform this Council:
  • (1)whether it knows if AA has permitted the contractor of the 3RS reclamation works to wholly or partially switch to use mechanical sand for the reclamation works; if AA has, of the quantities of mechanical sand that has been and will be used as well as their respective percentages in the total quantity of sand needed for the reclamation works;

    (2)whether it knows the respective places of origin of the marine sand and mechanical sand currently used for the 3RS reclamation works;

    (3)whether the Environmental Protection Department ("EPD") knows that the contractor of the 3RS reclamation works has switched to use mechanical sand for the reclamation works; whether such practice (i) complies with the requirements set out in the relevant environmental permit and (ii) requires the approval of the Director of Environmental Protection; if approval is required, whether the Director has granted such approval; whether EPD has assessed the immediate and potential impacts of such practice on the environment; if so, of the outcome; and

    (4)of the manpower currently deployed by EPD to monitor the 3RS reclamation works; the number of site inspections, conducted by EPD officers from 1 January to 31 March this year, of the 3RS reclamation works?
Public Officer to reply : Secretary for Transport and Housing

III. Government Bills



First Reading

Employment (Amendment) Bill 2017

Second Reading (Debate to be adjourned)

Employment (Amendment) Bill 2017:Secretary for Labour and Welfare

Committee Stage and Third Reading

Stand over item (since the meeting of 26 April 2017)

1.Appropriation Bill 2017:Financial Secretary

Amendments to Heads of Estimates in
committee of the whole Council on the Appropriation Bill 2017

Hon Claudia MO, Dr Hon CHENG Chung-tai, Hon Jeremy TAM, Hon KWONG Chun-yu, Hon LAM Cheuk-ting, Hon James TO, Hon Andrew WAN, Dr Hon Helena WONG, Hon WU Chi-wai, Hon IP Kin-yuen, Hon HUI Chi-fung, Dr Hon YIU Chung-yim, Hon CHAN Chi-chuen, Dr Hon LAU Siu-lai, Dr Hon Fernando CHEUNG, Dr Hon KWOK Ka-ki, Hon LEUNG Kwok-hung, Hon SHIU Ka-chun, Hon Nathan LAW and Hon CHU Hoi-dick to move the Committee stage amendments in Appendix I.

(These amendments were also issued on 24 April 2017 under LC Paper No. CB(3) 490/16-17)

(Debate and voting arrangements for the Appropriation Bill 2017 (issued on 25 April 2017 under LC Paper No. CB(3) 498/16-17) and Order of voting on the Committee stage amendments to the Appropriation Bill 2017 (issued on 15 May 2017 under LC Paper No. CB(3) 561/16-17)(same as Appendix II to the Script of Council meeting of 17 May 2017))

Other Public Officers to attend the Committee stage:Chief Secretary for Administration
Secretary for Justice
Secretary for Transport and Housing
Secretary for Financial Services and the Treasury
Secretary for Commerce and Economic Development
Secretary for Constitutional and Mainland Affairs
Secretary for Security
Secretary for Education
Secretary for Food and Health
Secretary for the Environment
Secretary for Innovation and Technology
Secretary for Home Affairs
Secretary for the Civil Service
Secretary for Labour and Welfare
Secretary for Development
Under Secretary for Home Affairs
Under Secretary for the Environment
Under Secretary for Transport and Housing
Under Secretary for Security
Under Secretary for Food and Health
Under Secretary for Education
Under Secretary for Commerce and Economic Development
Under Secretary for Financial Services and the Treasury
Under Secretary for Constitutional and Mainland Affairs
Under Secretary for Innovation and Technology


Stand over item (since the meeting on 12 and 13 April 2017)

2.Private Columbaria Bill:Secretary for Food and Health

(i)Secretary for Food and Health to move Committee stage amendments

(The amendments were issued on 6 April 2017
under LC Paper No. CB(3) 470/16-17)

(ii)Hon CHAN Chi-chuen, Dr Hon Fernando CHEUNG, Hon Nathan LAW and Hon LEUNG Kwok-hung to move Committee stage amendments

(The amendments were issued on 10 April 2017
under LC Paper No. CB(3) 473/16-17)

(Debate and voting arrangements for Committee stage of the Private Columbaria Bill (issued on 11 April 2017 under LC Paper No. CB(3) 478/16-17(01)) (same as the Appendix to the Script of Council meeting of 12 and 13 April 2017))

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

Inland Revenue (Amendment) Bill 2017:Secretary for Financial Services and the Treasury

IV. Government Motions



Stand over items (since the meeting of 26 April 2017)

1.Proposed resolution under the Road Traffic Ordinance

Secretary for Transport and Housing to move the following motion:

Resolved
that the period for which the limit specified in the Road Traffic (Public Light Buses: Limit on Number) Notice 2016 (L.N. 101 of 2016) on the total number of vehicles that may be registered as public light buses remains in force, being 12 months beginning on 21 June 2016, be extended to 20 June 2022.

2.Proposed resolution under the Mandatory Provident Fund Schemes Ordinance

Secretary for Financial Services and the Treasury to move the following motion:

Resolved
that the Mandatory Provident Fund Schemes (Fees) (Amendment) Regulation 2017, made by the Chief Executive in Council on 14 March 2017, be approved.

(The Regulation is in Appendix II and was also issued on 28 March 2017
under LC Paper No. CB(3) 452/16-17)

V. Members' Motions on Subsidiary Legislation and Other Instruments



1.Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance

Hon CHAN Han-pan to move the following motion:

Resolved
that in relation to the -

(a)Road Tunnels (Government) (Amendment) (No. 2) Regulation 2017, published in the Gazette as Legal Notice No. 60 of 2017;

(b)Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulation 2017, published in the Gazette as Legal Notice No. 61 of 2017;

(c)Road Traffic (Registration and Licensing of Vehicles) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 62 of 2017;

(d)Road Traffic (Traffic Control) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 63 of 2017;

(e)Road Traffic (Expressway) (Amendment) Regulation 2017, published in the Gazette as Legal Notice No. 64 of 2017; and

(f)Road Tunnels (Government) Ordinance (Amendment of Schedule 1) Notice 2017, published in the Gazette as Legal Notice No. 65 of 2017,

and laid on the table of the Legislative Council on 26 April 2017, 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 14 June 2017.

2.Proposed resolution under section 34(4) of the Interpretation and General Clauses Ordinance

Dr Hon KWOK Ka-ki to move the following motion:

Resolved
that in relation to the Smoking (Public Health) (Notices) (Amendment) Order 2017, published in the Gazette as Legal Notice No. 66 of 2017, and laid on the table of the Legislative Council on 26 April 2017, 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 14 June 2017.

VI. Member's Bill



First Reading

Bank of Communications (Hong Kong) Limited (Merger) Bill

Second Reading (Debate to be adjourned)

Bank of Communications (Hong Kong) Limited (Merger) Bill:Hon CHAN Chun-ying

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

VII. Members' Motions



1.Motion under the Legislative Council (Powers and Privileges) Ordinance

Dr Hon CHENG Chung-tai to move the following motion:


That this Council appoints a select committee to inquire into the incident of the loss of the notebook computers of the Registration and Electoral Office containing the personal data of all registered electors in Hong Kong at the AsiaWorld-Expo, the fallback venue of the 2017 Chief Executive Election, and other related matters; and that in the performance of its duties the committee be authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) to exercise the powers conferred by section 9(1) of that Ordinance.

Public Officer to attend : Secretary for Constitutional and Mainland Affairs

Stand over item: Member's motion no. 2 (since the meeting of 29 March 2017)

2.Urging the next Chief Executive to reactivate constitutional reform

Dr Hon KWOK Ka-ki to move the following motion:
(Translation)

That this Council urges the next Chief Executive to request the Central People's Government to seek the invalidation by the National People's Congress ("NPC") of the decision made by the Standing Committee of NPC on 31 August 2014 on Hong Kong's constitutional development, and reactivate the statutory process for constitutional reform to allow Hong Kong people to, by way of nomination with no screening, including civil nomination, elect the Chief Executive on a 'one person, one vote' basis; and to abolish the functional constituencies in the Legislative Council to allow Hong Kong people to elect all Legislative Council Members by direct elections, so as to implement genuine dual universal suffrage under the principles of universality and equality, thereby manifesting 'one country, two systems', 'Hong Kong people administering Hong Kong' and 'a high degree of autonomy', and hence eliminating deep-rooted social conflicts.

Amendments to the motion
(i)Hon LEUNG Che-cheung to move the following amendment: (Translation)

To add "in order to expeditiously implement the election of the Chief Executive by universal suffrage," after "That"; to delete "request the Central People's Government to seek the invalidation by the National People's Congress ('NPC') of the decision made by the Standing Committee of NPC on 31 August 2014 on Hong Kong's constitutional development, and" after "Chief Executive to" and substitute with "actively create conditions, including strengthening mutual trust and communication among various social sectors to build social consensus, and in accordance with the Basic Law and the relevant decisions of the Standing Committee of the National People's Congress,"; to delete "Hong Kong people to, by way of nomination with no screening, including civil nomination," after "constitutional reform to allow" and substitute with "all eligible electors of Hong Kong to"; to delete ";" after "basis" and substitute with ","; and to delete "abolish the functional constituencies in the Legislative Council to allow Hong Kong people to elect all Legislative Council Members by direct elections, so as to implement genuine dual universal suffrage under the principles of universality and equality, thereby manifesting 'one country, two systems', 'Hong Kong people administering Hong Kong' and 'a high degree of autonomy', and hence eliminating deep-rooted social conflicts" immediately before the full stop and substitute with "make preparation for the subsequent implementation of universal suffrage for the election of all Members of the Legislative Council".

(ii)Dr Hon Helena WONG to move the following amendment: (Translation)

To add "in compliance with the provisions of the International Covenant on Civil and Political Rights ('ICCPR') and the Basic Law and" after "Hong Kong people to,"; and to delete "elect" after "nomination," and substitute with "nomination by political parties, nomination by members of a nominating committee and/or other nomination methods that comply with ICCPR and the Basic Law, nominate people with different political views to stand for the election of the Chief Executive, and elect".

Public Officers to attend:Secretary for Constitutional and Mainland Affairs
Under Secretary for Constitutional and Mainland Affairs


Stand over item: Member's motion no. 3 (since the meeting of 10 May 2017)

3.Promoting 'Hong Kong people using Hong Kong water' and protecting local resources

Hon Claudia MO to move the following motion:
(Translation)

That this Council urges the next-term Government to expedite the promotion of 'Hong Kong people using Hong Kong water' by increasing the application of desalination technology in Hong Kong, so as to reduce reliance on Dongjiang water; besides, since frequent occurrence of reservoir overflow wastes a huge amount of local water resources, the next-term Government should revise the approach of purchasing Dongjiang water, switching from the 'package deal lump sum' approach to a 'quantity-based charging' approach.

Amendments to the motion
(i)Dr Hon Helena WONG to move the following amendment: (Translation)

To add "at present, Hong Kong relies on Dongjiang water for about 80% of its fresh water supply; the price of Dongjian water in 2016 was almost 92% higher than that in 2006; under the 'package deal lump sum' mechanism, the average annual supply quantity of Dongjiang water to Hong Kong in the past 10 years was only 84.7% of the supply ceiling prescribed in the agreement for the supply of Dongjiang water, yet Hong Kong was required to pay the cost for the maximum supply quantity; in this connection," after "That"; to delete "next-term" after "urges the"; to add "and promoting the recycling of stormwater" after "in Hong Kong"; to delete "next-term" after "water resources, the"; to add "examine various options, including constructing more reservoirs and increasing the storage capacities of existing reservoirs, and" after "Government should"; and to add ", so as to strive for a price bargaining mechanism that is most favourable, reasonable and highly transparent for Hong Kong" immediately before the full stop.

(ii)Hon LAU Kwok-fan to move the following amendment: (Translation)

To add "as cities around the globe face the challenge of fresh water resources shortage at present," after "That"; to delete "next-term Government to expedite the promotion of 'Hong Kong people using Hong Kong water' by increasing the application of desalination technology in Hong Kong" after "urges the" and substitute with "Government to expeditiously complete the review on the Total Water Management Strategy, promote water conservation, actively exercise control on water pipe leakage, extend the use of non-potable water for flushing, adopt the 'sponge city' concept for collecting and optimizing the use of stormwater, develop new water resources (including reclaimed water and desalination) and protect water resources"; to delete "since" after "besides," and substitute with "due to"; to delete "wastes" after "overflow" and substitute with ", the Government should launch project works more actively under the Inter-reservoirs Transfer Scheme to transfer reservoir overflows to other reservoirs, so as to avoid wasting"; to delete ", the next-term" after "water resources" and substitute with "; the"; to delete "revise" after "should" and substitute with "also hold discussion with Mainland authorities on revising"; to delete "switching from the" after "purchasing Dongjiang water," and substitute with "proposing to initially formulate a more reasonable"; to delete "to a" after " 'package deal lump sum' approach" and substitute with "of purchasing Dongjiang water based on past water consumption quantity, and then negotiate and set an arrangement of extra water supply featured by"; and to delete "approach" immediately before the full stop and substitute with ", as the relevant arrangement will not only guarantee stable water supply for Hong Kong while helping to reduce the quantity and cost of purchasing Dongjiang water, but will also allow greater room for redistribution of Dongjiang water resources for cities in the Dongjiang River Basin".

(iii)Hon Kenneth LEUNG to move the following amendment: (Translation)

To delete "expedite the promotion of 'Hong Kong people using Hong Kong water' by increasing the" after "the next-term Government to" and substitute with "formulate a specific policy on water resources management, including enhancing public education on water conservation, enlarging the proportion of toilets with seawater flushing, developing the technology of recycling stormwater and sewage and expediting the extensive"; to add "and achieve the objectives of water autonomy and diversification in Hong Kong" after "on Dongjiang water"; and to delete "since frequent occurrence of reservoir overflow wastes a huge amount of local water resources," after "besides,".

Public Officer to attend : Secretary for Development

Clerk to the Legislative Council