A 00/01-26(1)

Legislative Council

Agenda


Wednesday 2 May 2001 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Employees Compensation Assistance (Notice of Insolvency of Insurer) Regulation	85/2001
2.	Road Traffic (Traffic Control) (Amendment) Regulation 2001	86/2001
3.	Clubs (Safety of Premises) (Exclusion) (Amendment) Order 2001	87/2001
4	Shipping and Port Control (Closure of Waters) Notice 2001	88/2001
5.	Tax Reserve Certificates (Rate of Interest) (No. 5) Notice 2001	89/2001
6.	Education (Amendment) Ordinance 2001 (8 of 2001) (Commencement) Notice 2001	90/2001
7.	Hong Kong Science and Technology Parks Corporation Ordinance (5 of 2001) (Commencement) Notice 2001	91/2001
8.	Urban Renewal Authority Ordinance (Cap. 563) (Commencement) Notice 2001	92/2001

Other Paper

Report of the Bills Committee on Rehabilitation Centres Bill

(to be presented by Hon CHOY So-yuk, Chairman of the Bills Committee)

II. Questions

1. Hon Bernard CHAN to ask: (Translation)

On 20 February this year, in a case involving a fatal industrial accident, the Court of Final Appeal ruled that even if the deceased did not have any established habit of saving money during his lifetime, it was open to the court to make an estimate of the wealth which the diseased would have probably accumulated in his future days but for the accident causing his death, and use this as the basis for determining the amount of compensation payable to his dependants in this respect. In this connection, will the Government inform this Council:

(a)	of the impact of the precedent on the compensation mechanism for deaths and injuries of employees; and
(b)	whether the precedent will pose greater financial pressure on the Employees Compensation Assistance Fund in future; if so, of the solution that the relevant authorities have?

Public Officer to reply : Secretary for Education and Manpower

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

It has been reported that the Green Island Cement Co. Ltd., in collaboration with the Hong Kong University of Science and Technology, is conducting a research on the production of a raw material for manufacturing cement by incinerating waste in the company's plant in Tuen Mun. In this connection, will the Government inform this Council whether prior approval has been given by relevant government departments for conducting such a research; if so, of the justifications for approving the research; if not, how it will follow up the issue?

Public Officer to reply : Secretary for Commerce and Industry

3. Hon Mrs Selina CHOW to ask: (Translation)

Will the Government inform this Council whether the relevant authorities found in the past year any pickpockets acting in consortium or as individuals who mainly targeted at tourists; of the specific measures to prevent such persons engaging in activities which are causing harm to tourism, as well as the effectiveness of such measures?

Public Officer to reply : Secretary for Security

4. Hon TAM Yiu-chung to ask: (Translation)

Regarding regulation of the operation of golf driving ranges, will the Government inform this Council of:

(a)	the respective numbers of golf driving ranges approved by the Lands Department for operation through short-term tenancies or short-term waivers in each of the past three years, and whether actions have been taken against unauthorized operations;
(b)	the specific safety requirements for golf driving ranges, such as the safety nets, fence, warning signs and number of watchmen; the number of inspections of the venues conducted by the departments concerned in each of the past three years, and whether penalty has been imposed on operators violating the safety requirements; and
(c)	the measures in place to prevent golf balls from flying out of driving ranges and endangering the lives and property of nearby residents?

Public Officers to reply

:

Secretary for Home Affairs Secretary for Planning and Lands

5. Hon LAW Chi-kwong to ask: (Translation)

In 1999-2000, the average occupancy rate in the three refuge centres for women in Hong Kong (namely, the Harmony House, the Wai On Home for Women and the Serene Court) was 90%, while from April last year to January this year, there were 263 cases in which the Harmony House had to decline immediate admission because it had been fully occupied. In view of the shortfall of services provided by refuge centres, will the Government inform this Council whether it will review the public demand for services of refuge centres and consider setting up more such centres; if so, of the implementation timetable; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

6. Hon Albert HO to ask: (Translation)

Regarding the assistance provided by the Protection of Wages on Insolvency Fund ("the Fund") to employees whose wages, wages in lieu of notice and severance payment ("the wages") are due and unpaid, will the Government inform this Council:

(a)	whether the Commissioner for Labour ("the Commissioner") had exercised his discretion in the past year to make ex gratia payment from the Fund to employees whose wages were due and unpaid in respect of cases in which no bankruptcy or winding-up petitions had been presented against the employers; if he had, of the number of such cases;
(b)	of the number of applications for legal aid received in the past three years by the Legal Aid Department regarding employees whose wages were due and unpaid, for presenting winding-up petitions against their employers to facilitate the exercise of power by the Commissioner to grant them ex gratia payment from the Fund; and, among these cases, the number of applications rejected on grounds of the applicants' failure to pass the means tests; and
(c)	whether it will consider extending the scope of the Fund in order to assist employees whose wages are due and unpaid in presenting winding-up petitions against their employers?

Public Officer to reply : Secretary for Education and Manpower

*7. Hon David CHU to ask: (Translation)

It has been learnt that patronizing cybercafes with Internet access has become an increasingly popular pastime among young people, and that some cybercafes provide computer games of a violent nature. Regarding the regulation of services provided by cybercafes and the fire safety of the premises where they are located, will the Government inform this Council:

(a)	of the estimated number of cybercafes currently in operation;
(b)	of the licences required by cybercafes and the regulation they are subject to for the provision of computer or Internet games;
(c)	whether inspections are conducted regularly to see if the cybercafes comply with the prescribed fire safety and other requirements; and
(d)	when it will tighten up regulation of services provided by cybercafes and, before achieving that, how it will remind young people to be aware of noteworthy matters while spending time in cybercafes?

Public Officer to reply : Secretary for Home Affairs

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

Regarding disclosure by government departments of the personal data of members of the public to outside parties since the commencement of the Personal Data (Privacy) Ordinance (Cap. 486), will the Government inform this Council:

(a)	of the circumstances under which the Immigration Department has disclosed to other government departments and public organizations the personal data of individuals in its possession, together with a breakdown by the circumstances and the names of these departments and organizations, the number of times such disclosure was made and the number of people involved; and
(b)	whether it will conduct a comprehensive review of the current practice of government departments' disclosing, by virtue of the exemption provisions in the Ordinance, the public's personal data in their possession to other departments or organizations, and adopt measures to enhance the transparency in making such disclosure, such as establishing a public monitoring channel?

Public Officer to reply : Secretary for Security

*9. Hon LAU Ping-cheung to ask: (Translation)

The Shenzhen Municipal Government will be responsible for implementing the Stage III works for the Shenzhen River Regulation Project, which will commence in October this year, while the costs of the works will be equally shared between the Government of the Hong Kong Special Administrative Region ("HKSAR") and the Shenzhen Municipal Government. In this connection, will the Government inform this Council whether:

(a)	it knows if the conditions of tender will set out that companies from Hong Kong and the Mainland will be given equal opportunities to bid for the works contracts; if so, of the details; if not, the reasons for that; and
(b)	the HKSAR Government will take part in the selection of contractors for the works?

Public Officer to reply : Secretary for Works

*10. Hon Howard YOUNG to ask:

The ad hoc groups set up respectively by the International Civil Aviation Organization and the International Air Transport Association are conducting studies on measures against unruly or disruptive passengers and criminal behaviours on board aircraft. One suggestion is to urge states to implement legislation to address offences committed on all aircraft which land in their jurisdictions. In this connection, will the Government inform this Council whether:

(a)	it knows the progress, outcome and completion dates of the above studies; and
(b)	it will amend the Air Navigation (Hong Kong) Order 1995; if so, of the legislative timetable; if not, the reasons for that?

Public Officer to reply : Secretary for Security

*11. Prof Hon NG Ching-fai to ask: (Translation)

Given that the Hong Kong residents who live in the Mainland are not covered by local population censuses as they do not have a Hong Kong residential address and only commute daily to their workplaces or schools in Hong Kong, will the Government inform this Council:

(a)	of the ways to carry out surveys to collect family and economic information about such people; and
(b)	whether it plans to carry out, in collaboration with the relevant Mainland authorities, surveys to collect such information?

Public Officer to reply : Secretary for Financial Services

*12. Hon CHAN Yuen-han to ask: (Translation)

Regarding the need of residents in some districts to use fresh water for flushing due to the unavailability of sea water, will the Government inform this Council:

(a)	of the detailed geographical distribution of the areas in which sea water for flushing is unavailable, and the current daily total volume of fresh water used for flushing;
(b)	of the current number of households which need to use fresh water for flushing, and the average monthly flushing water charge paid by each of these households; and
(c)	whether the relevant authorities plan to supply sea water for flushing to all districts; if so, of the details and the timetable; if not, the reasons for that?

Public Officer to reply : Secretary for Works

*13. Hon LEUNG Fu-wah to ask: (Translation)

Will the Government inform this Council of the respective latest numbers of persons from the Mainland, India, Pakistan and Nepal to whom Hong Kong permanent identity cards have been issued in accordance with Article 24 of the Basic Law of the Hong Kong Special Administrative Region since the reunification, with a breakdown by their educational attainments; and how it assists them in employment and education?

Public Officer to reply : Secretary for Education and Manpower

*14. Hon LI Fung-ying to ask: (Translation)

The Employment Ordinance (Cap. 57) provides for the protection of employees against discrimination arising from their participation in trade unions. In this connection, will the Government inform this Council:

(a)	of the number of complaints the relevant authorities received in the past five years about employers discriminating against employees who participated in trade unions and, among these complaints, the number of cases in which prosecution was instituted against the employers concerned and the number of convictions thereof; if no conviction was secured, of the reasons for that; and
(b)	whether difficulties in adducing evidence have contributed to a low rate of conviction in these cases; if so, whether the authorities will propose to amend the law to strengthen the protection for employees against discrimination arising from their participation in trade unions?

Public Officer to reply : Secretary for Education and Manpower

*15. Hon Eric LI to ask: (Translation)

The Financial Secretary plans to allocate a one-off grant of $50 million in the current financial year to provide subsidies for disabled athletes and to help them find employment at the end of their athletic careers. In this connection, will the Government inform this Council:

(a)	of the department or committee responsible for administering the grant;
(b)	of the qualifications of the applicants and the assessment criteria adopted; and
(c)	whether the subsidies currently provided for disabled athletes will be reduced as a result?

Public Officer to reply : Secretary for Health and Welfare

*16. Hon HUI Cheung-ching to ask: (Translation)

Regarding the expenditure of small and medium enterprises ("SMEs") on purchasing computer software, will the Government inform this Council whether it has:

(a)	assessed the average percentage of the expenditure on purchasing authentic computer software in the annual operating costs of the SMEs; and
(b)	taken measures to urge software distributors to lower software prices and to assist local software developers in developing cheaper Chinese software?

Public Officer to reply : Secretary for Commerce and Industry

*17. Hon CHOY So-yuk to ask: (Translation)

It has been reported that workers of a contractor commissioned by the Highways Department to undertake slope landscaping projects were alleged to have dumped, in contravention of the Water Pollution Control Ordinance (Cap. 358), waste water into the Tan Shan River in Hok Tau, Fanling, resulting in the death of a large quantity of fish in the river. In this connection, will the Government inform this Council:

(a)	whether, upon receiving the relevant reports, the Environmental Protection Department ("EPD") has sent its staff to the scene to collect evidence of illegal dumping of waste water into the river; if so, of the details; if not, the reasons for that;
(b)	of the actions taken by the EPD to follow up the incident, as well as the ways to prevent the recurrence of similar incidents; and
(c)	of the measures the EPD will implement to restore the ecological environment of the river?

Public Officer to reply : Secretary for the Environment and Food

*18. Hon LEUNG Yiu-chung to ask: (Translation)

The Social Welfare Department ("SWD") is responsible for implementing the compassionate rehousing scheme which provides assistance to individuals or families with special housing needs. Regarding SWD's implementation of the scheme and the Housing Department's ("HD") handling of cases excluded from the scheme, will the Government inform this Council:

(a)	of the criteria the SWD currently adopts in assessing the eligibility of applicants for compassionate rehousing; and whether SWD regularly reviews such criteria and how the scheme is operating;
(b)	of the number of times, in each of the past three years, in which SWD recommended to HD to the allocation of public rental housing ("PRH") units to applicants for compassionate rehousing; if the numbers of such recommendations were below the quota of the respective years, of the reasons for that; and
(c)	of the circumstances in which SWD, in dealing with certain cases in which PRH tenants are requesting transfer of units or splitting of households, does not use the quota of the compassionate rehousing scheme but instead refers them to HD with the suggestion that HD exercise its discretion in those cases; how HD deals with such cases; the reasons for HD rejecting some cases, and whether HD will review this policy?

Public Officer to reply : Secretary for Health and Welfare

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

Owing to the reduction of government funding for universities in six consecutive years, the universities have resorted to redundancy and wage reduction plans etc. in order to cut costs. In this connection, will the Government inform this Council:

(a)	whether it knows:
	(i)	the respective staff management measures adopted by the universities to achieve cost saving;
	(ii)	if the staff of the universities have been consulted prior to the implementation of those measures; if so, of the consultation processes and the outcomes;
	(iii)	if upper limits have been set by the universities with respect to the number of people leaving the service and the expenditures involved; and
	(iv)	the numbers of complaints received by the universities in the past two triennia relating to redundancies and wage reductions; the outcomes of those complaints; and whether a centralized redress mechanism will be set up by the Administration to handle these complaints; and
(b)	whether the University Grants Committee ("UGC") has provided the universities with the necessary funding for implementing various exit and redundancy plans; if so, of the respective amounts allocated to the universities in this triennium and the next, and the criteria the UGC has adopted to determine such amounts?

Public Officer to reply : Secretary for Education and Manpower

*20. Hon SIN Chung-kai to ask: (Translation)

Regarding the Electronic Service Delivery ("ESD") Scheme which was fully launched on 19 January this year, will the Government inform this Council of:

(a)	the number of visits to the ESD web-site to date; and
(b)	the respective counts of various types of public services delivered through the ESD Scheme to date; how these figures compare to the Administration's estimation; if they are lower than those estimated, of the reasons for that?

Public Officer to reply : Secretary for Information Technology and Broadcasting

*For written reply.

III. Bills

First Reading

Copyright (Suspension of Amendments) Bill 2001

Second Reading (Debate to be adjourned)

Copyright (Suspension of Amendments) Bill 2001 : Secretary for Commerce and Industry

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

Rehabilitation Centres Bill : Secretary for Security

IV. Members' Motions

1. Establishing the technology industries processing zone

Dr Hon LUI Ming-wah: (Translation)

That, as countries are scrambling to develop high-technology and high value-added industries in order to strengthen their economic base and enhance their competitiveness, this Council urges the Government to designate land for establishing the technology industries processing zone, with a view to revitalizing the local manufacturing industry, promoting exports and creating job opportunities, thereby giving impetus to the development of the local economy.

Public Officer to attend : Secretary for Commerce and Industry

2. Treatment of terminal patients

Dr Hon LO Wing-lok: (Translation)

That, as the treatment of terminal patients has aroused considerable controversy in various places over the world, and a country has already introduced legislation to decriminalize euthanasia and bring it under regulation, while some other places have legislated for a total prohibition of euthanasia, this Council urges the Government to attend to the treatment of terminal patients in Hong Kong and to study the need to establish a regulatory mechanism.

Public Officer to attend : Secretary for Health and Welfare

Clerk to the Legislative Council