A 00/01-14(1)

Legislative Council

Agenda

Wednesday 10 January 2001 at 2:30 pm


I. Tabling of Papers

Subsidiary Legislation / InstrumentsL.N. No.
1.Antiquities and Monuments (Declaration of Historical Buildings) (No. 2) Notice 2000368/2000
2.Dairies (Amendment) Regulation 20011/2001
3.Plant (Importation and Pest Control) (Fees) (Amendment) Regulation 20012/2001
4.Pounds Fees (Amendment) Regulation 20013/2001
5.Veterinary Surgeons Registration (Fees) (Amendment) Regulation 20014/2001
6.Dangerous Dogs Regulation (Amendment of Schedule 3) Notice 20015/2001
7.Rabies Regulation (Amendment of Schedule 1) Notice 20016/2001
8.Estate Agents (Registration of Determination and Appeal) (Amendment) Regulation 20017/2001
9.Commodities Trading (Trading Limits and Position Limits) (Amendment) Rules 20008/2001
10.Securities (Exchange--Traded Stock Options) (Amendment) (No. 2) Rules 20009/2001
11.Tax Reserve Certificates (Rate of Interest) Notice 200110/2001

Other Papers
1. No.56 -Report of changes to the approved Estimates of Expenditure approved during the second quarter of 2000-01(Public Finance Ordinance : Section 8)
(to be presented by Secretary for the Treasury)

2. No.57 - Police Welfare Fund Annual Report 1999/2000
(to be presented by Secretary for Security)

3. No.58 -Consumer Council Annual Report 1999-2000
(to be presented by Secretary for Economic Services)

II. Questions

1. Hon James TO to ask: (Translation)

Regarding the level of rents of public rental housing ("PRH") under the Housing Authority, will the Government inform this Council:
    (a)of the median rent-to-income ratios derived from the latest statistics, broken down by estate and household size respectively;

    (b)given that the overall rent of private domestic premises has dropped by 30% in the past three years, whether it has assessed if the Housing Authority's practice of freezing rather than lowering PRH rents was unfair to PRH tenants; if so, of the assessment results; and

    (c)whether it has assessed how the consumer sentiment of PRH families and the pace of recovery in Hong Kong's economy have been affected by the persistent increase in the rent-to-income ratios of these families; if so, of the assessment results?
Public Officer to reply : Secretary for Housing

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

In the 2000 Policy Address, the Chief Executive pledged that "the SAR Government will make every effort to keep our local professionals well informed of developments in the opening up of the China market" upon China's entry into the World Trade Organization. In this connection, will the Government inform this Council whether it will consider asking the Beijing Office of the SAR Government to collect information on newly implemented economic policies and laws in the Mainland as well as related business information for expeditious transmission to the professional bodies concerned, and to provide one-stop support services to assist the professional bodies in exploring business opportunities in the Mainland; if not, of the ways to fulfil the Chief Executive's pledge?

Public Officer to reply : Secretary for Commerce and Industry

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

Regarding the relationship between cross-boundary travels of Mainland and Hong Kong residents and the local consumer market, will the Government inform this Council:
    (a)of the respective average daily numbers of Hong Kong residents visiting the Mainland during weekends, long weekends and public holidays, and the annual growth in such numbers in each of the past three years;

    (b)whether it has assessed the impact of Hong Kong residents' visits to the Mainland on the local consumer market; if it has, of the assessment result; if not, the reasons for that; and

    (c)whether it will consider simplifying the formalities for Mainland residents' visits to Hong Kong and taking other measures to attract more Mainland residents here and stimulate local spending?
Public Officers to reply: Secretary for Economic Services
Secretary for Security

4. Hon Andrew CHENG to ask: (Translation)

Regarding the review of the employees' compensation system and rehabilitation policy, will the Government inform this Council:
    (a)of its initial assessments on the recommendations made in the Review on Employees' Compensation System in Hong Kong, published by the Hong Kong Federation of Insurers last November, in particular about adopting a step-down approach after statutory compensations have been paid to injured workers over a certain period of time, stipulating that employees are not entitled to statutory and civil compensations at the same time, and implementing a mandatory rehabilitation programme;

    (b)whether it plans to set up a committee to review comprehensively the employees' compensation system and the relevant legislation in Hong Kong; and

    (c)whether it will consider formulating a comprehensive rehabilitation policy in respect of injured workers for the sake of providing better treatment to them and protecting their rights for reinstatement after recovery?
Public Officer to reply : Secretary for Education and Manpower

5. Hon Bernard CHAN to ask: (Translation)

In the 1999 Policy Address, the Chief Executive proposed to set up a Council for Sustainable Development and intended to make a grant of $100 million to provide funding support for initiatives which aim at enhancing public awareness of sustainable development. In this regard, will the Government inform this Council:
    (a)why the Council has not yet been set up and when it is estimated to be set up;

    (b)of the detailed terms of reference of the Council; and

    (c)of the estimated time when the public may submit applications for such funding support?
Public Officer to reply : Secretary for Planning and Lands

6. Hon Cyd HO to ask: (Translation)

Towards the end of last year, the Food and Drug Administration of the United States directed food manufacturers to recall 300 food products because they contained genetically-modified corn ingredients unauthorized for human consumption. Human consumption of foods containing such ingredient, which is branded Starlink, may result in allergic reactions or even death. In this connection, will the Government inform this Council whether:
    (a)it knows if food products and animal feeds containing that kind of corn ingredients are being sold in Hong Kong; if it does, of the details; if not, the reasons for that;

    (b)it has taken steps, including approaching food importers and relevant authorities in the United States, to ensure that foods being sold in Hong Kong do not contain that kind of corn ingredients; if so, of the details; if not, the reasons for that; and

    (c)it has put in place a mechanism for the expeditious and concurrent recall from food importers, wholesalers and retailers of food products containing such corn ingredients; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment and Food

*7. Hon Mrs Miriam LAU to ask: (Translation)

Regarding the adequacy of liquefied petroleum gas ("LPG") filling stations to meet demand, will the Government inform this Council:
    (a)of the current number of LPG taxis in service;

    (b)of the number of LPG filling stations now in operation, and the maximum number of vehicles that can be served simultaneously at each filling station;

    (c)of the respective numbers of LPG filling stations scheduled to be constructed and converted, and the expected commissioning date and location of each station, as well as the maximum number of vehicles that can be served simultaneously by each filling station;

    (d)whether it has received applications last year for the construction of LPG filling stations on private land; if so, of the number of such applications and their outcomes; if any application has been rejected, the reasons for that; and

    (e)whether it has adopted measures to encourage the construction of LPG filling stations on private land; if so, of the details of such measures; if not, the reasons for that?
Public Officer to reply : Secretary for the Environment and Food

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

Regarding the various types of rental housing blocks constructed by the Hong Kong Housing Authority and the Hong Kong Housing Society, will the Government inform this Council of:
    (a)the earliest and the latest years of completion for individual blocks, and the respective usable areas of the largest and the smallest units, in respect of each type of these housing blocks; and

    (b)the names of Harmony-type or Concord-type estates, together with the occupation date, number of blocks and total number of units of each of these estates?
Public Officer to reply : Secretary for Housing

*9. Hon NG Leung-sing to ask: (Translation)

Regarding the development of new landfills, will the Government inform this Council:
    (a)of the remaining capacity of each of the existing landfills and the respective years in which they are anticipated to be filled up;

    (b)whether it has searched for sites for the development of new landfills; if so, of the sites under consideration; if not, the reasons for that; and

    (c)whether it has discussed with the relevant Mainland authorities the possibility of developing landfills in the Mainland for disposal of waste transferred from Hong Kong; if so, of the progress and outcome of the discussions, and the sites identified initially, as well as the estimated average per-tonne cost for disposal of waste?
Public Officer to reply : Secretary for the Environment and Food

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

Regarding medical blunders in public hospitals, will the Government inform this Council whether it knows:
    (a)the total number and a breakdown of such blunders; the respective numbers of those cases resulting in the death or severe trauma of the patient;

    (b)the number of cases in which the Hospital Authority has made compensation to the patients concerned or their families, and the amount of compensation in each case; and

    (c)the number of medical and nursing staff disciplined for making mistakes resulting in such blunders since 1 January 1999?
Public Officer to reply : Secretary for Health and Welfare

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

It has been reported that the watercloset system in some newly-occupied public rental housing ("PRH") estates are faulty in design. The siphonage effect resulting from several upper floor units flushing at the same time will suck out the water retained in the sanitary pails in units at middle or lower floors, thereby causing the emission of soil pipe stenches through the pails into the relevant units. In this connection, will the Government inform this Council:
    (a)of the number of complaints it received last year from residents of PRH estates about water in the sanitary pails of their units being sucked away strangely or stenches emitting from the sanitary pails, the names of the PRH estates involved and the reported number of units with such problem in each estate;

    (b)of the solutions to the problem; and

    (c)whether the affected residents will be compensated; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Housing

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

Regarding the control of advertisement signboards, will the Government inform this Council whether:
    (a)it has studied the effect of the size of the overhanging advertisement signboards, as well as the distance between these signboards, on the dissipation rate of the exhaust emitted by vehicles running on the concerned streets; if so, of the details; if not, whether it will conduct a study in this respect;

    (b)it will take into account the dissipation of vehicle emissions in drawing up the regulatory details for advertisement signboards; if not, of the reasons for that; and

    (c)it will consider setting an upper limit on the projection of advertisement signboards over a street, so as to avoid their blocking the view above?
Public Officer to reply : Secretary for Planning and Lands

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

Regarding the three concrete batching plants, approved in 1999-2000, to be built in the vicinity of Tong Yan San Tsuen, will the Government inform this Council:
    (a)whether it has assessed the impact of the plants on the environment and traffic in the neighbourhood after all of them have commenced operation; if so, of the details; if not, the reasons for that; and

    (b)of the measures it will take to ensure that the operation of the plants will not affect the daily lives of the local residents, and will not jeopardize their health and life?
Public Officer to reply : Secretary for Planning and Lands

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

At the meeting of the Panel on Planning, Lands and Works on 18 October last year, the Acting Secretary for Works said that "every government slope upgraded under the Landslip Prevention Measures Programme in 2001 and thereafter will be landscaped." In this connection, will the Government inform this Council of the number of slopes it plans to upgrade in this and the next two years and, in particular, the number which will be dressed up in green; and the reasons for some slopes not thus dressed up? Public Officer to reply : Secretary for Works

*15. Hon Howard YOUNG to ask:

Will the Government inform this Council:
    (a)of the total number of events held at Government House in the past two years, with a breakdown by the type of events and by whether they were held during day-time or in the evening; and

    (b)whether it has recently reviewed if Government House could be open more frequently to tourists?
Public Officer to reply : Chief Secretary for Administration

*16. Hon YEUNG Yiu-chung to ask: (Translation)

Regarding educational television ("ETV"), will the Government inform this Council:
    (a)of the production costs for ETV programmes in each of the past three years;

    (b)of the percentage of schools which currently broadcast ETV programmes in class, and the average number of classes per week in which these programmes are broadcast;

    (c)whether it has conducted any survey to ascertain if the contents of these programmes are well-received by students; if it has, of the details; if not, the reasons for that;

    (d)of the criteria adopted for assessing the benefits of these programmes to students; and

    (e)of the measures in place to promote the future development of ETV?
Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council whether persons other than registered medical professionals have contravened any stipulations in the Chinese Medicine Ordinance (Cap. 549) by claiming in advertisements or on signboards that they can cure certain illnesses such as spur or provide certain kinds of specialist Chinese medicine treatments such as acupuncture therapy; if they have contravened the stipulations, how it has promoted the public's awareness of such stipulations; if they have not, of the reasons for that? Public Officer to reply : Secretary for Health and Welfare

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

Will the Government inform this Council:
    (a)of the number of cases referred for arbitration over the past three years among the disputes between the Government and the contractors over public works; among them, the number of cases in which the Government lost, as well as the total amount of payments awarded to the contractors; and

    (b)how it has learned from the previous cases to reduce its chances of losing in future arbitration cases?
Public Officer to reply : Secretary for Works

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

Will the Government inform this Council whether any measures are in place to encourage schools and the organizations concerned to educate youngsters about the ethical conduct and correct attitude to adopt when using the Internet, and to caution them against illegal Internet activities; if so, of the details; if not, the reasons for that? Public Officer to reply : Secretary for Education and Manpower

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

The Crimes Ordinance (Cap. 200) provides for the anonymity of a victim of a "specified sexual offence". In this connection, will the Government inform this Council:
    (a)whether it has assessed if the above anonymity provision has been contravened by the media displaying photographs of the victims whose appearance have been partly covered or disclosing the victims' physical characteristics or other personal particulars when they report news relating to "specified sexual offences"; if it has made such assessment, of the findings;

    (b)of the number of prosecutions instituted against the media agencies for contravening the anonymity provision in the past five years, and the details of and judgements on those cases; and

    (c)whether it plans to amend the legislation to explicitly stipulate that incest and acts of sexual assault on children are "specified sexual offences", so as to prohibit the media from disclosing the identity of the victims of these offences; if so, when such a bill will be introduced into this Council; if not, of the reasons for that?
Public Officer to reply : Secretary for Security

*For written reply.

III. Bills

First Reading

Education (Amendment) Bill 2000

Second Reading (Debate to be adjourned)

Education (Amendment) Bill 2000 : Secretary for Education and Manpower

IV. Members' Bills

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

Prior of the Order of Cistercians of the Strict Observance Incorporation (Amendment)Bill 2000 : Hon Ambrose LAU

V. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Dutiable Commodities (Amendment) (No. 2) Regulation 2000, published as Legal Notice No. 330 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

2. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Firearms and Ammunition (Amendment) (No. 2) Regulation 2000, published as Legal Notice No. 331 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be amended by repealing section 2(a), (b), (c), (d), (e), (f) and (h).

Public Officer to attend : Secretary for the Treasury

3. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Firearms and Ammunition (Storage Fees) (Amendment) Order 2000, published as Legal Notice No. 332 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

4. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Pawnbrokers (Amendment) Regulation 2000, published as Legal Notice No. 333 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

5. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Bills of Sale (Fees) (Amendment) Regulation 2000, published as Legal Notice No. 334 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

6. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion: RESOLVED that the Fees for Official Signatures and Miscellaneous Services (Amendment) Notice 2000, published as Legal Notice No. 335 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed. Public Officer to attend : Secretary for the Treasury

7. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Hong Kong Court of Final Appeal Fees (Amendment) Rules 2000, published as Legal Notice No. 336 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed. Public Officer to attend : Secretary for the Treasury

8. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the High Court Fees (Amendment) Rules 2000, published as Legal Notice No. 337 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

9. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the District Court Civil Procedure (Fees) (Amendment)(No. 2) Rules 2000, published as Legal Notice No. 338 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

10. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Coroners (Fees) (Amendment) Rules 2000, published as Legal Notice No. 339 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

11. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Small Claims Tribunal (Fees) (Amendment) Rules 2000, published as Legal Notice No. 340 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

12. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek / Hon James TIEN to move the following motion:

RESOLVED that the Legal Practitioners (Fees) (Amendment) (No. 2) Rules 2000, published as Legal Notice No. 341 of 2000 and laid on the table of the Legislative Council on 29 November 2000, be repealed.

Public Officer to attend : Secretary for the Treasury

13. Prohibiting smoking

Hon Bernard CHAN: (Translation)

That, in view of the hazards of passive smoking, this Council urges the Government to conduct studies on the necessity for and feasibility of designating more public places as no-smoking areas; in the course of the studies, the Government should ensure that the public are fully consulted and their views are included in the study report.

Amendments to Hon Bernard CHAN's motion

(i)Dr Hon LO Wing-lok: (Translation)

To add "to review the current position in enforcing the existing Smoking (Public Health) Ordinance and" after "this Council urges the Government".

(ii) Hon Cyd HO: (Translation)

To delete "conduct studies on the necessity for and feasibility of designating" and substitute with "designate"; and to delete "; in the course of the studies, the Government should ensure that the public are fully consulted and their views are included in the study report" and substitute with "by adopting the following measures: (a) discussing with the catering industry with a view to formulating a plan for the total prohibition of smoking in all restaurants by phases, as well as providing assistance to the industry; and (b) co-ordinating various government departments in tackling the problem of passive smoking with a view to implementing, by phases, total prohibition of smoking in indoor public places; to tie in with the above policy, the Government should introduce legislative amendments to the effect that health warnings of tobacco products and advertisements may contain words, photographs and graphics, and strengthen publicity and education on anti-smoking to the public in order to address the problem of smoking among young persons".

(iii) Hon Tommy CHEUNG: (Translation)

To delete "conduct studies on" and substitute with "study the effectiveness of the existing legislation which designates public areas as no-smoking areas and the need for stepping up enforcement actions, so as to ensure the effective implementation of the legislation before considering"; and to delete "and their views" and substitute with ", economic assessments are conducted on all the affected industries and the views of both the public and the industries".

Public Officer to attend : Secretary for Health and Welfare

14. Strategic Sewage Disposal Scheme

Hon Frederick FUNG: (Translation)

That, as the Government ignored public opinions and the professional advice of green groups when it formulated the Strategic Sewage Disposal Scheme ("the Scheme"), and a series of errors have arisen since the commencement of the Phase I projects, causing substantial losses to the economy, environment, people's livelihood and society, such as the continuous increase in construction costs of the projects due to repeated delays and the unusual ground settlement in Tseung Kwan O affecting many buildings and causing losses to the public, this Council expresses deep regret and urges the Government to:
    (a)conduct a serious and thorough investigation to ascertain if there was any dereliction of duties on the part of the departments, officials, consultancy firms and contractors then responsible for the Scheme;

    (b)make reasonable arrangements for or offer compensation to the groups or individuals who have suffered consequential losses;

    (c)enhance the transparency of the process for selecting environmental consultancy firms so as to avoid any conflict of interest and enhance their accountability, with a view to ensuring the standard of the consultancy studies;

    (d)conduct an overall risk assessment of the proposals made by the International Review Panel regarding the remaining works of the Scheme; and

    (e)widely consult the public and green groups.
Amendments to Hon Frederick FUNG's motion

(i)Prof Hon NG Ching-fai: (Translation)

To delete "the Government ignored public opinions and"; to add "many local experts and academics and the opinions of" after "the professional advice of"; to add "and the public were ignored by the former Government" before "when it formulated the Strategic Sewage Disposal Scheme"; to add "and by the former Legislative Council when it examined and passed the relevant bill and funding applications," after "("the Scheme")"; to add "urge the parties responsible, if it is confirmed that they have indeed committed errors, to" after (b); to add "further study and" after "(d)"; to delete "risk" after "conduct an overall"; to delete "and" after "the remaining works of the Scheme;"; to add "when implementing major infrastructure projects in future, enforce the policy direction of sustainable development, take heed of the opinions of local experts and academics," after "(e)"; and to delete "and green groups" and substitute with ", green groups and professional bodies, and fully discuss with the relevant government departments of the neighbouring territories which may be affected; and (f) rename the "Strategic Sewage Disposal Scheme" as "Strategic Sewage Treatment Scheme" ".

(ii)Hon Andrew CHENG: (Translation)

To add "(b) expeditiously conduct an independent investigation to assess the impacts of the unusual ground settlement on the relevant buildings and residents and the losses they suffer;" after "responsible for the Scheme;"; to delete "(b)" and substitute with "(c)"; to add "(d) provide a 20-year guarantee for the structure of the housing estates affected by land subsidence, such as Tong Ming Court and Beverly Garden, and shoulder the maintenance responsibilities arising from the unusual ground settlement; (e) extend the period of back assignment at the original price for the flats affected by land subsidence from two years to three years; (f) re-according residents who have back-assigned their flats affected by land subsidence the priority green form, green form or white form status to which they were originally entitled;" after "who have suffered consequential losses;"; to delete "(c)" and substitute with "(g)"; to delete "(d)" and substitute with "(h)"; and to delete "(e)" and substitute with "(i)".

Public Officer to attend : Secretary for the Environment and Food

Clerk to the Legislative Council