A 00/01-31(1)

Legislative Council

Agenda

Wednesday 6 June 2001 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments		No.
1.	Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) Regulation 2001	L.N.101/2001
2.	Air Pollution Control (Vehicle Design Standards) (Emission) (Amendment) (No.2) Regulation 2001	L.N. 102/2001
3.	Air Pollution Control (Dry-Cleaning Machines) (Vapour Recovery) Regulation	L.N. 103/2001
4.	Merchant Shipping (Seafarers) (Ro-Ro Passenger Ships--Training) (Amendment) Regulation 2001	L.N. 104/2001
5.	Merchant Shipping (Seafarers) (Passenger Ships Other Than Ro-Ro Passenger Ships--Training) Regulation	L.N. 105/2001
6.	Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) (Amendment) Regulation 2001	L.N. 106/2001
7.	Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) (Amendment) Regulation 2001	L.N. 107/2001
8.	Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) (Amendment) Regulation 2001	L.N. 108/2001
9.	Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) (Amendment) Regulation 2001	L.N. 109/2001
10.	Merchant Shipping (Safety) (Musters and Training) (Amendment) Regulation 2001	L.N. 110/2001
11.	Freight Containers (Safety) (Applications for Approval of Containers) Regulation	L.N. 111/2001
12.	Freight Containers (Safety) (Fees) Regulation	L.N. 112/2001
13.	Freight Containers (Safety) (Arrangements for Authorized Persons) Order	L.N. 113/2001
14.	Freight Containers (Safety) (Examination Procedure) Order	L.N. 114/2001
15.	Telecommunications (Method for Determining Spectrum Utilization Fees) (Third Generation Mobile Services) Regulation	L.N. 115/2001
16.	Telecommunications (Designation of Frequency Bands subject to Payment of Spectrum Utilization Fee) Order	L.N. 116/2001
17.	Fire Safety (Commercial Premises) Ordinance (Amendment of Schedule 4) Order 2001	L.N. 117/2001
18.	Import and Export (General) Regulations (Amendment of Fourth Schedule) Order 2001	L.N. 118/2001
19.	Prevention of Copyright Piracy Ordinance (Amendment of Schedule 2) Order 2001	L.N. 119/2001
20.	Commodities Trading (Trading Limits and Position Limits) (Amendment) (No. 3) Rules 2001	L.N. 120/2001
21.	Securities (Exchange--Traded Stock Options) (Amendment) Rules 2001	L.N. 121/2001
22.	Dangerous Dogs Regulation (Exemption) Notice	L.N. 122/2001
23.	Noise Control (Construction Work Designated Areas) Notice	L.N. 123/2001
24.	Tax Reserve Certificates (Rate of Interest) (No. 6) Notice 2001	L.N. 124/2001
25.	Statutes of the University of Hong Kong (Amendment) (No. 2) Statutes 2001	L.N. 125/2001
26.	Registration of Copyright Licensing Bodies Regulation	L.N. 126/2001
27.	Copyright Ordinance (Cap. 528) (Commencement) Notice 2001	L.N. 127/2001
28.	Disability Discrimination Ordinance--Code of Practice on Education	G.N. 3310/2001
29.	Technical Memorandum on Noise from Construction Work in Designated Areas	S. S. No. 5 to Gazette No. 22/2001

Other Paper

No.89	-	Occupational Safety and Health Council Annual Report 1999/2000
(to be presented by Secretary for Education and Manpower)

II. Questions

1. Hon David CHU to ask:

In its Report No. 30 published in February 1999, the Public Accounts Committee expressed the view that the dignity appropriate to the rank and status of senior civil servants could be better reflected by efficiency and frugality, rather than luxury and extravagance. In view of this and the current unfavourable economic conditions, will the Executive Authorities inform this Council whether they will refrain from purchasing luxury saloon cars for senior civil servants as that might give the public the impression of extravagance and wastefulness?

Public Officer to reply : Secretary for the Treasury

2. Hon CHAN Kwok-keung to ask: (Translation)

At present, proprietors in the construction industry may employ only workers holding valid certificates (commonly known as "green cards") certifying their attendance at recognized safety training courses for carrying out the related work. It has been reported that some law-breakers arrange for Mainlanders to come and work illegally at construction sites in Hong Kong and provide them with forged green cards. In this connection, will the Government inform this Council:

(a)	of the number of illegal workers arrested at construction sites since last January and, among them, the number of those who were found holding forged green cards and the number of illegal workers who were convicted;
(b)	whether it will consider enhancing the security design of the green cards; and
(c)	whether it regularly organizes activities to teach proprietors how to distinguish authentic green cards from forged ones; if so, of the details?

Public Officer to reply : Secretary for Education and Manpower

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

It has been reported that there are signs of triad infiltration in schools in Tung Chung. Regarding the provision of sufficient cultural, leisure and sports facilities to allow young people to actively participate in such activities and reduce the chances of their going astray, will the government inform this Council whether it will:

(a)	speed up the construction of cultural, leisure and sports facilities, such as libraries, community halls and stadiums, and provide more open spaces in Tung Chung; if so, of the details; if not, the reasons for that;
(b)	when developing new towns, consider the early construction of various cultural, leisure and sports facilities as well as open spaces; and
(c)	consider drawing up a fast-track funding process for the construction of cultural, leisure and sports facilities, so as to avoid any delay caused by the need for them to compete with other construction projects for financial resources?

Public Officer to reply : Secretary for Home Affairs

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

It has been reported that a list of shortfall posts for professionals in the information technology and financial services sectors has been drawn up in order to speed up the vetting of applications made under the Admission of Mainland Professionals Scheme. In this connection, will the Government inform this Council of:

(a)	the details of the list;
(b)	the criteria adopted for drawing up the list; and
(c)	the organizations and persons it has consulted before drawing up the list?

Public Officer to reply : Secretary for Security

5. Hon CHAN Kam-lam to ask: (Translation)

Three new wireline-based local fixed telecommunications network services operators ("new FTNS operators") have signed Deeds of Undertakings with the Government to commit themselves to certain capital investment and network coverage by the end of 2002. The Administration has anticipated that more than 50% of the residential line customers should have at least one additional choice of the services provided by new FTNS operators by that time. In this regard, will the Government inform this Council:

(a)	of the respective network coverage of these new FTNS operators in public housing estates, private residential premises and commercial premises in each district at present, and how these figures compare with their commitments made to the Government;
(b)	of the estimated percentage of public housing estates which will have been provided with new networks by the end of 2002; and
(c)	whether it plans to assist new FTNS operators in expediting the rolling out of their networks; if it has, of the details; if it has not, how it will ensure real competition in the FTNS market and the safeguards for customer rights and benefits?

Public Officer to reply : Secretary for Information Technology and Broadcasting

6. Hon IP Kwok-him to ask: (Translation)

Regarding the despatch of water tankers for emergency water supply, will the Government inform this Council:

(a)	of the numbers of water tankers currently operated by the Water Supplies Department and the Food and Environmental Hygiene Department respectively, together with a breakdown by three service regions, namely the Hong Kong Island, Kowloon and the New Territories, as well as the basis for determining the distribution of water tankers;
(b)	of the respective numbers of occasions in which water tankers were deployed to provide water supply to the various regions last year; and
(c)	whether it has assessed if the current number of water tankers is sufficient to cope with the demand?

Public Officer to reply : Secretary for Works

*7. Dr Hon David LI to ask:

Regarding the various cross-border committees, established by the Government of the Hong Kong Special Administrative Region and the relevant authorities in the Mainland, for discussing matters of mutual concern, will the Government inform this Council of:

(a)	the names and terms of reference of all the committees and their sub-committees established to date;
(b)	the names and offices of the representatives from each side on these committees and sub-committees;
(c)	the full meeting schedules of these committees and their sub-committees in 2001; and
(d)	the initiatives that will be taken to enhance the transparency of the operation of these committees and their sub-sommittees?

Public Officer to reply : Secretary for Constitutional Affairs

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

Article 24(2)(2) of the Basic Law stipulates that Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region ("HKSAR") shall be permanent residents of the HKSAR. "The opinions of the Preparatory Committee for the HKSAR of the National People's Congress ("the Preparatory Committee") on the implementation of Article 24(2) of the Basic Law", which were adopted on 10 August 1996 at its Fourth Plenary Meeting, are that "people who have obtained permission to stay in Hong Kong under specific government policies" are not regarded as "having ordinarily resided" in Hong Kong. In this connection, will the Government inform this Council:

(a)	whether, having regard to the opinions of the Preparatory Committee, it has formulated criteria for determining which government policies are "specific policies"; if so, of the criteria;
(b)	of the current government policies that are "specific policies"; and
(c)	of the respective numbers of persons who have obtained permission to stay in Hong Kong under each specific policy since 1 July 1997?

Public Officer to reply : Secretary for Security

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

It was reported that the Mandatory Provident Fund Schemes Authority ("MPFA") introduced in May this year a scheme, applicable to ten-odd managerial staff members, under which they were given the options of demotion with pay reduction or voluntary departure. Regarding this incident and the remuneration levels of the staff of other statutory bodies, will the Executive Authorities inform this Council whether:

(a)	they know:
	(i)	the reasons for the MPFA implementing such a scheme;
	(ii)	the details of the scheme, including the amount of money involved; and
	(iii)	the number of staff members affected and how they are affected; and
(b)	they will make suggestions to other statutory bodies for reviewing if the remuneration levels of their staff are commensurate with their work?

Public Officer to reply : Secretary for Financial Services

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

Regarding taxi drivers' practice of multiple loading of passengers and charging them individually (commonly known as "taxi pooling"), will the Government inform this Council:

(a)	of the number of complaints about such practice received last year, together with a breakdown by the districts where such taxi drivers picked up their passengers;
(b)	of the follow-up actions it has taken upon receipt of such complaints;
(c)	of the measures to crack down on the taxi drivers engaging in such practice; and
(d)	whether it plans to review the penalty for such offences?

Public Officer to reply : Secretary for Transport

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

It was reported that the Hong Kong College of Management was closed in mid-May. As at 17 May, the Consumer Council had received a total of 144 complaints from students of the College, involving prepaid tuition fees amounting to $1.3 million. With regard to the Education Department's ("ED") supervision of private schools, will the Government inform this Council of:

(a)	the total number of complaints received by the ED against the College since January 1999, together with a breakdown by subjects of complaint; how ED followed up such complaints, and the reasons for the failure of such follow-up actions to rectify the College's malpractices at an earlier stage and reduce the students' losses; and
(b)	the measures the ED takes, apart from instituting prosecutions, to prevent private schools from overcharging fees and mismanaging their affairs?

Public Officer to reply : Secretary for Education and Manpower

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

Will the Executive Authorities:

(a)	inform this Council of the current unit costs in respect of the following services provided by the Hospital Authority:
	(i)	cost per bed day occupied for acute and general hospitals;
	(ii)	cost per specialist outpatient attendance; and
	(iii)	cost per Accident & Emergency attendance; and
(b)	give a detailed account of how the above figures are computed?

Public Officer to reply : Secretary for Health and Welfare

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

Regarding the water quality of bottled natural mineral water and distilled water on sale in Hong Kong, will the Government inform this Council whether:

(a)	it has stipulated the water quality standards such bottled water is required to meet; if so, how such standards compare with the international standards; if not, of the reasons for that;
(b)	laboratory tests are conducted regularly on such bottled water; if so, of the results of such tests conducted in the past year, and how cases of substandard quality have been followed up; if not, how the Administration ensures that such bottled water is suitable for human consumption; and
(c)	it knows the countries and regions which regularly conduct laboratory tests on the water quality of bottled water; whether the Administration has sought the relevant information from the organizations concerned for reference?

Public Officer to reply : Secretary for the Environment and Food

*14. Hon Albert CHAN to ask: (Translation)

Regarding the Government's resumption of land by invoking the Lands Resumption Ordinance (Cap. 124), will the Government inform this Council:

(a)	of the respective numbers of the industrial and commercial enterprises affected by land resumption in the past five years and, among them, the respective numbers of enterprises closed down as a result, together with a breakdown by trade, the floor area of their factories and offices as well as the number of employees; and
(b)	whether it will consider increasing the ex-gratia allowances or compensation for the industrial and commercial enterprises affected by land resumption, or providing land for these enterprises to re-build factories and offices with a view to reducing the number of closure of enterprises arising from land resumption?

Public Officer to reply : Secretary for Planning and Lands

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

Regarding the handling of the issue about the breeding of termites in the public housing units of the Hong Kong Housing Authority ("HA") and the Hong Kong Housing Society ("HS"), will the Government inform this Council whether it knows:

(a)	the respective numbers of relevant complaints received by HA and HS from residents in each of the past three years;
(b)	if HA and HS have assessed the damage caused by termites to the units and the property of the residents; if so, of the details of the damage over the past three years; and
(c)	the details of the existing procedures adopted by HA and HS to eradicate termites and whether they regularly assess the effectiveness of their termite eradication efforts; if not, of the reasons for that?

Public Officer to reply : Secretary for Housing

*16. Hon Michael MAK to ask: (Translation)

Regarding suicide in each of the past two years, will the Government inform this Council of:

(a)	the number of persons who died in suicide, with a breakdown by their age and sex, and the causes and means of suicide;
(b)	the proportion of the number of persons who died in suicide to the total population of Hong Kong; and
(c)	the number of persons who attempted suicide?

Public Officer to reply : Secretary for Health and Welfare

*17. Dr Hon YEUNG Sum to ask: (Translation)

It has been reported that, due to a shortage of places in schools under the English Schools Foundation and other international schools, some foreign professionals abandoned their plans to come to work in Hong Kong after they had failed to secure for their children such school places. In this connection, will the Government inform this Council of:

(a)	the supply and demand position of international school places in Hong Kong in the past three years; and
(b)	the plans to ensure a sufficient supply of international school places for the children of expatriate professionals working in Hong Kong?

Public Officer to reply : Secretary for Education and Manpower

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

It was reported that, in its investigation report published last month, the Hong Kong Human Rights Monitor alleged that the Social Welfare Department ("SWD") had neglected the educational needs of the children in some of the children's homes it operated, which was not in conformity with international human rights standards. In this connection, will the Government inform this Council of:

(a)	the number of children in each children's home operated by SWD at present, together with a breakdown by age bands and sex, and the number of teaching staff; and
(b)	the measures SWD will take to improve the educational services provided to the children in the children's homes it operates, such as the number of additional teaching staff and the new courses to be provided?

Public Officer to reply : Secretary for Health and Welfare

*19. Hon Albert HO to ask: (Translation)

Regarding the donations made by the Administration from public funds or other sources to privately established and managed charitable funds, will the Government inform this Council of:

(a)	the following information regarding each of the private charitable funds which received such donations in the past five years:
	(i)	the name and objective of each fund, and the current membership list of its board of directors and executive committee; and
	(ii)	the amount of donation received and its uses, and the titles of the major events organized, in each of the past five years; and
(b)	the measures to ensure that the principles of fairness and openness are adhered to in making decisions on donations to charitable funds, and to prevent any conflict of interests which may arise due to civil servants serving as directors or executive committee members of such funds?

Public Officer to reply : Secretary for the Treasury

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

Regarding the services provided to young night drifters ("YNDs") who regularly hang around in the streets or in places of entertainment late at night, will the Government inform this Council:

(a)	whether it has estimated the present number of YNDs aged between 12 and 21; if so, of the details of its estimation, and the major districts where they usually hang around, as well as their popular hangouts;
(b)	whether it has assessed the effectiveness of the pilot scheme, under which YNDs are taken to police stations to wait for their parents to bring them home, in tackling the YND problem; if so, of the details of its assessment;
(c)	of the current manning scale of outreaching services targeted at YNDs;
(d)	of the maximum numbers of young people that can be accommodated at any one time in activity centres and other service centres which are open for YNDs at night, as well as their respective usage rates; and
(e)	whether it will consider opening some cultural and sports facilities or other community facilities late at night to attract YNDs to the activities held in such facilities, thereby reducing the chances of their being recruited into triad societies; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

*For written reply.

III. Bills

First Reading

1. Companies (Amendment) Bill 2001

2. Post Secondary Colleges (Amendment) Bill 2001

3. Employment (Amendment) Bill 2001

Second Reading (Debates to be adjourned)

1. Companies (Amendment) Bill 2001	:	Secretary for Financial Services
2. Post Secondary Colleges (Amendment) Bill 2001	:	Secretary for Education and Manpower
3. Employment (Amendment) Bill 2001	:	Secretary for Education and Manpower

IV. Members' Motions

1. Bridging the digital divide

Hon SIN Chung-kai: (Translation)

That this Council urges the Government to explore and examine the issue of the digital divide in Hong Kong and to expeditiously formulate effective policies and measures, in order to promote the co-operation among private enterprises, charitable and non-profit-making bodies and government departments in bridging the digital divide and assisting the disadvantaged groups in assimilating into the digital era.

Public Officer to attend : Secretary for Information Technology and Broadcasting

2. The avian flu incident

Hon WONG Yung-kan: (Translation)

That, as the recent outbreak of avian flu in Hong Kong has forced the Government to carry out another mass slaughter of chickens, thereby seriously affecting people's livelihood and the operation of the poultry trade, in order to prevent as far as possible a further outbreak of avian flu in the territory and to ensure that the trade can continue with its operation, this Council urges the Government to:

(a)	strengthen the quarantine for local and imported poultry and review the existing process of poultry conveyance, so as to ensure that imported poultry meet safety standards;
(b)	introduce a labelling system for local poultry to facilitate identification of their origin;
(c)	improve the sanitary conditions and the business environment in markets; and
(d)	properly handle the follow-up work on the current slaughter of chickens so as to reduce the impact on the trade and its operators.

Amendment to Hon WONG Yung-kan's motion

Hon Tommy CHEUNG: (Translation)

To add "improve the existing operating environment of the trade and perfect the poultry quarantine system and the sanitary conditions in markets; the relevant measures may include" after "this Council urges the Government to"; to delete "strengthen" after "(a)" and substitute with "consulting the relevant Mainland authorities about strengthening and strictly enforcing"; to delete "local and" after "the quarantine for"; to delete "and review the existing process of poultry conveyance" and substitute with ", ensuring that inspection and certification standards in the wholesaling and conveyance of chickens are enforced, and adopting a "through-train" mode of conveyance in order that the source of virus can be accurately traced and, at the same time, the risk of imported chickens being infected during the process of conveyance can be reduced"; to delete "introduce" after "(b)" and substitute with "introducing"; to delete "improve" after "(c)" and substitute with "improving"; to delete "and the business environment"; to delete "; and" after "in markets" and substitute with ", for instance, by implementing a system whereby the sale of live and fresh chickens is temporarily suspended in markets at intervals, for the purpose of cleaning chicken stalls and cages thoroughly; (d) renovating and improving the existing ventilation systems and other facilities in markets; and"; to delete "(d)" and substitute with "(e)"; and to delete "handle" and substitute with "handling".

Public Officer to attend : Secretary for the Environment and Food

Clerk to the Legislative Council