A 00/01-37(1)
Legislative Council
Agenda
Wednesday 11 July 2001 at 9:00 am
I. Tabling of Papers| Subsidiary Legislation / Instruments | L.N. No.
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| 1. | Specification of Arrangements (Government of the Republic of Estonia Concerning Air Services) (Double Taxation) Order | 152/2001
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| 2. | Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) (Amendment) (No. 2) Regulation 2001 | 153/2001
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| 3. | Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) (Amendment) (No. 2) Regulation 2001 | 154/2001
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| 4. | Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) (Amendment) Regulation 2001 | 155/2001
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| 5. | Merchant Shipping (Safety) (GMDSS Radio Installations) (Amendment) Regulation 2001 | 156/2001
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| 6. | Merchant Shipping (Safety) (Life-Saving Appliances) Regulation | 157/2001
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| 7. | Merchant Shipping (Local Vessels) (Dwelling Vessels) Regulation | 158/2001
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| 8. | Merchant Shipping (Local Vessels) (Ferry Terminals) Regulation | 159/2001
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| 9. | Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft, Rescue Boats and Fast Rescue Boats) (Amendment) Rules 2001 | 160/2001
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| 10. | Continuing Professional Development (Amendment) Rules 2001 | 161/2001
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| 11. | Solicitors (Professional Indemnity) (Amendment) Rules 2001 | 162/2001
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| 12. | Securities (Miscellaneous) (Amendment) (No.2) Rules 2001 | 163/2001
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| 13. | Banking Ordinance (Amendment of Third Schedule) Notice 2001 | 164/2001
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| 14. | Fixed Penalty (Criminal Proceedings) (Amendment) Regulation 2001 | 165/2001
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| 15. | Fixed Penalty (Traffic Contraventions) (Amendment) Regulation 2001 | 166/2001
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| 16. | Fugitive Offenders (Indonesia) Order (Cap. 503 sub. leg.) (Commencement) Notice 2001 | 167/2001
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Other Papers | 1. No.100 | - | Sir Robert Black Trust FundAnnual Report for the year 1 April 2000 to 31 March 2001
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(to be presented by Secretary for Home Affairs)
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| 2. No.101 | - | J.E. Joseph Trust Fund Report for the period 1 April 2000 to 31 March 2001
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(to be presented by Secretary for the Environment and Food)
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| 3. No.102 | - | Kadoorie Agricultural Aid Loan Fund Report for the period 1 April 2000 to 31 March 2001
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(to be presented by Secretary for the Environment and Food)
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| 4. No.103 | - | Report by the Trustee of the Customs and Excise Service Children's Education Trust Fund for the period 21 July 2000 to 31 March 2001
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(to be presented by Secretary for Commerce and Industry)
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| 5. No.104 | - | Hong Kong Trade Development Council Annual Report 2000/2001
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(to be presented by Secretary for Commerce and Industry)
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| 6. No.105 | - | Clothing Industry Training Authority Annual Report 2000
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(to be presented by Secretary for Education and Manpower)
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| 7. No.106 | - | Construction Industry Training Authority Annual Report 2000
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(to be presented by Secretary for Education and Manpower)
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| 8. No.107 | - | Airport Authority Hong Kong Annual Report 2000/2001
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(to be presented by Financial Secretary)
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9. Committee on Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region Progress Report for the period October 2000 to June 2001
(to be presented by Hon TSANG Yok-sing, Chairman of the Committee, who will address the Council)
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10. Report of the Panel on Financial Affairs 2000/2001
(to be presented by Hon Ambrose LAU, Chairman of the Panel, who will address the Council)
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11. Report of the Panel on Economic Services 2000/2001
(to be presented by Hon James TIEN, Chairman of the Panel, who will address the Council)
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12. Report of the Bills Committee on Chief Executive Election Bill
(to be presented by Hon IP Kwok-him, Chairman of the Bills Committee)
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13. Report of the Bills Committee on Revenue (No.3) Bill 2001
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)
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14. Report of the Bills Committee on Fixed Penalty (Public Cleanliness Offences) Bill
(to be presented by Hon Fred LI, Chairman of the Bills Committee)
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II. Questions
1. Hon Eric LI to ask: (Translation)
Regarding the residential developments undertaken by the Hong Kong Housing Authority, the Hong Kong Housing Society, the Urban Renewal Authority, the MTR Corporation Limited and the Kowloon-Canton Railway Corporation respectively, will the Government inform this Council whether it knows:
| (a) | for this year and the next two years respectively, the number of flats to be produced by each of these organizations, those planned to be put up for sale (broken down by districts), as well as the number of flats left for sale at the end of each year; and
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| (b) | how the completed residential flats which are not for sale will be disposed of?
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| Public Officers to reply | : | Secretary for Housing
Secretary for Planning and Lands
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2. Hon SZETO Wah to ask: (Translation)
Will the Government inform this Council whether the views expressed by the Chief Executive in reply to questions raised by Legislative Council Members during the Question and Answer Sessions in the Legislative Council represent the Government's stance and policy or merely his personal opinions?
Public Officer to reply
: Chief Secretary for Administration
3. Ir Dr Hon HO Chung-tai to ask: (Translation)
Will the Government inform this Council whether it is considering the listing of the Kowloon-Canton Railway Corporation on the Stock Exchange of Hong Kong; if so, of the scheduled listing date, as well as the size, scope of business and assets of the listed company; if not, the reasons for that?
Public Officer to reply
: Secretary for the Treasury
4. Hon YEUNG Yiu-chung to ask: (Translation)
Recently, a Mainland university professor published an article in a Hong Kong newspaper, claiming that on his way to a foreign country via Hong Kong, he was held up for more than half an hour while going through the entry procedure at the Lo Wu Control Point because he did not have with him the air ticket for his overseas trip. He therefore felt discriminated against and humiliated. Regarding the entry and exit of Mainland residents who travel abroad or return to the Mainland via Hong Kong ("Mainland transittees"), will the Government inform this Council:
| (a) | whether it has investigated the above case; if so, of the outcome;
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| (b) | of the number of complaints about the entry and exit procedures received from Mainland transittees in each of the past three years, with a breakdown by the subject of the complaints, and the percentages of the total number of the complaints in the total number of Mainland transittees in the respective years; and
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| (c) | of the current entry procedure for Mainland transittees, and the rationale for requiring them to hold valid air tickets for their overseas trips; and whether it will conduct a review with a view to streamlining and improving the entry and exit procedures for Mainland transittees; if so, of the details; if not, the reasons for that?
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Public Officer to reply
: Secretary for Security
5. Hon CHOY So-yuk to ask: (Translation)
It is learnt that a large number of trees in Hong Kong are overgrown with Mikania micrantha, a fast growing climbing plant which withers some of them by blocking the sunshine. In this connection, will the Government inform this Council whether it has:
| (a) | assessed the damage caused to trees by Mikania micrantha; if it has, of the relevant details;
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| (b) | explored more effective alternatives to manual removal of Mikania micrantha; and
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| (c) | any measures to curb the proliferation of Mikania micrantha?
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Public Officer to reply
: Secretary for the Environment and Food
6. Hon LAU Kong-wah to ask: (Translation)
Regarding the crackdown by the Police on crimes involving the use of firearms, will the Government inform this Council:
| (a) | of the number of such crimes, and the number of firearms seized by the Police with a breakdown by their origins, in each of the past three years;
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| (b) | of the types of the respective firearms used to kill a police officer in March, to wound police officers in May and to commit the armed robbery on 25 June; whether the Police has reviewed the effectiveness of its actions to stem the smuggling of firearms into Hong Kong; and
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| (c) | whether it has reviewed if the present strength of the Police Force is adequate to combat crimes involving the use of firearms, as well as the measures in place to ensure that the morale of the Police Force will not be affected by such crimes?
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Public Officer to reply
: Secretary for Security
*7. Hon WONG Sing-chi to ask: (Translation)
Regarding organizations for young people to discuss public policies and monitor the operation of the Government, will the Government inform this Council:
| (a) | whether it knows the number of youth councils in operation, together with a breakdown of their members by age and occupation;
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| (b) | whether it is aware of the dissolution of any youth councils last year; if so, of the reasons for their dissolution;
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| (c) | of the assistance and support rendered to the formation and operation of youth councils, as well as the resources allocated for such purposes last year; and
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| (d) | whether it will consider adopting the following measures to encourage more young people to participate in social and political affairs:
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| (i) | setting up, through democratic elections, district youth councils in various districts of Hong Kong and a mock legislature for the youth; and
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| (ii) | allocating resources for the establishment of a secretariat to provide support to youth councils?
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Public Officer to reply
: Secretary for Home Affairs
*8. Dr Hon LO Wing-lok to ask: (Translation)
I have received from skin specialists and medical equipment suppliers allegations that some beauty salons have, through unauthorized suppliers, acquired from overseas hospitals and clinics second-hand laser devices and phototherapy devices specially designed for the treatment of skin problems, and that these devices have not been used properly and safely, posing health hazards to patrons of beauty salons. In this connection, will the Government inform this Council:
| (a) | how the existing legislation regulates the importation, possession, storage, usage and maintenance of these devices; of the licences required and the procedures involved in obtaining such licences;
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| (b) | whether it knows the number of beauty salons in the territory equipped with such devices; and whether existing legislation regulates the acquisition and usage of such devices by beauty salons; if so, of the details; if not, the reasons for that; and
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| (c) | whether, after making reference to the legislation of advanced countries in Europe and America as well as Singapore, it will consider enacting legislation to step up the control of the importation and usage etc. of such devices?
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Public Officer to reply
: Secretary for Health and Welfare
*9. Hon David CHU to ask: (Translation)
The trial of light buses using alternative fuels (i.e. electric light buses and liquefied petroleum gas light buses) was completed early this year. It has been reported that, according to the results of the trial, electric light buses need to be recharged several times a day, while liquefied petroleum gas light buses consume nearly double the fuel required for diesel light buses. As a result, the operating costs of such light buses far exceed those of diesel light buses. In this connection, will the Government inform this Council whether it knows:
| (a) | the ways to reduce the frequency of recharging of electric light buses; and
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| (b) | the measures to lower the operating costs of light buses using alternative fuels?
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Public Officer to reply
: Secretary for the Environment and Food
*10. Hon Kenneth TING to ask: (Translation)
It has been reported that several judges have on different occasions commented adversely on the poor English standards of some local solicitors and barristers and that this affects the implementation of the rule of law in Hong Kong. In this connection, will the Government inform this Council of the measures in place to ensure that solicitors and barristers practising in Hong Kong have good command of English?
Public Officer to reply
: Secretary for Justice
*11. Hon Fred LI to ask: (Translation)
Will the Government inform this Council of:
| (a) | the respective numbers of complaints about unscrupulous business practices received by the Consumer Council and the Police over the past three years, together with a breakdown by the following categories:
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| (i) | business practices such as using misleading price tags, giving inaccurate or misleading descriptions of products or services, collecting money from customers with no intention to provide the products or services, inducing or unduly disturbing or coercing customers;
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| (ii) | identity of the complainants, i.e. whether they are tourists or local residents; and
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| (iii) | the items involved in the complaints, i.e. whether they are services or products; and
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| (b) | the outcome of these cases, including the respective numbers of cases ruled in favour of and against the complainants among the cases resolved through civil proceedings; and the number of cases in which prosecution could not be instituted due to insufficient evidence?
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Public Officer to reply
: Secretary for Economic Services
*12. Hon SIN Chung-kai to ask: (Translation)
Some overseas web-sites have reported that there have been cases in which people were struck by lightning during thunderstorms while using mobile phones. In this connection, will the Government inform this Council:
| (a) | whether there is scientific evidence that lightning may be guided by the radio waves of mobile phones to strike the users; and
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| (b) | if there is such evidence, whether it will advise members of the public to refrain from using mobile phones in open areas while the thunderstorm warning is in force?
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Public Officer to reply
: Secretary for Information Technology and Broadcasting
*13. Hon Emily LAU to ask: (Translation)
In reply to my question on 27 June regarding the receipt of preferential treatment by public officers from real estate developers, such as purchasing properties at prices below market value or enjoying priority in purchasing properties, the Secretary for the Civil Service stated that by virtue of the Acceptance of Advantages (Chief Executive's Permission) Notice, a civil servant might accept priority in purchasing a property and purchase a property at a discount without having to obtain special permission from the Chief Executive provided that the preferential treatment was equally available on equal terms to persons who were not civil servants and that the officer concerned had no official dealings with the tradesman or the company that offered the advantage. In this connection, will the Executive Authorities inform this Council:
| (a) | given that priority in purchasing properties is not available to all members of the public, why the acceptance of such priority by civil servants will not constitute an acceptance of advantages so long as "the preferential treatment is equally available on equal terms to persons who are not civil servants";
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| (b) | whether they have thoroughly investigated the case reported by the media last month, in which three senior public officers were alleged to have purchased flats in Celeste Court, Happy Valley from Sun Hung Kai Properties Limited at prices below market value in 1992; if so, of the relevant details and findings; and
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| (c) | whether they will consider amending the Acceptance of Advantages (Chief Executive's Permission) Notice and the Prevention of Bribery Ordinance to prohibit public officers (including civil servants) from soliciting or accepting priority in purchasing properties from real estate developers; if not, of the reasons for that?
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Public Officer to reply
: Secretary for the Civil Service
*14. Hon YEUNG Yiu-chung to ask: (Translation)
It has been reported that a magazine sponsored a game near the April Fool's Day this year, falsely claiming that participants would win big prizes if they correctly guessed a specified telephone number and got connected to it, which resulted in lots of people calling certain numbers, thereby causing serious nuisances to the users concerned. In this regard, will the Government inform this Council:
| (a) | of the government departments to which the users concerned may direct their complaints;
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| (b) | of the number of complaints about telephone nuisances received by each of these departments in each of the past five years, and the number of these complaints which involved games launched by the media or pranks played on April Fool's Day; as well as the outcomes of the relevant departments' handling of such complaints; and
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| (c) | whether existing legislation prohibits anyone from abetting other persons to cause nuisances to telephone users by calling their numbers; and of the measures in place to ensure that the public will not be subject to such nuisances?
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Public Officer to reply
: Secretary for Security
*15. Hon David CHU to ask: (Translation)
Will the Government inform this Council:
| (a) | of the respective numbers of traffic accidents which occurred during the periods from December 1999 to May 2000 and from December 2000 to May 2001, and the respective numbers of prosecutions instituted against motorists for speeding in the same periods; and
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| (b) | whether it has assessed the effectiveness of the Police's enhanced enforcement actions against speeding in reducing traffic accidents; if so, of the details of the assessment?
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Public Officer to reply
: Secretary for Transport
*16. Hon Kenneth TING to ask: (Translation)
It has been reported that, according to the results of a survey conducted recently, 2% of the respondents are now working in Shenzhen while another 10% will consider working there in the next five years. Regarding Hong Kong residents working in the Mainland and the formulation of corresponding assistance measures, will the Government inform this Council whether:
| (a) | it has conducted formal assessments on the number of Hong Kong residents who will go to work in the Mainland in the next few years and on the specific impact of this situation on the economy of Hong Kong; if it has, of the assessment results; if not, whether it will do so as soon as possible; and
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| (b) | it will strengthen the communication and cooperation with the Mainland authorities to work out more forward-looking measures, so as to improve the cross-border traffic network and assist Hong Kong residents in overcoming the difficulties encountered while working in the Mainland?
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Public Officer to reply
: Secretary for Planning and Lands
*17. Hon Emily LAU to ask:
In his reply to my question on 13 June, the Secretary for Financial Services informed this Council that the "Sub-committee on Currency Board Operations of the Exchange Fund Advisory Committee has recently considered the desirability and feasibility of determining the optimal level of foreign exchange reserves for Hong Kong" and "recommended that further research and deliberation on the subject should be carried out". In this connection, will the Executive Authorities inform this Council:
| (a) | of the factors which have prompted the Sub-committee on Currency Board Operations to consider the desirability and feasibility of determining the optimal level of foreign exchange reserves;
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| (b) | whether the public and this Council will be consulted on the optimal level of foreign exchange reserves; and
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| (c) | when this Council will be briefed on the outcome of the Sub-committee's research and deliberation?
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Public Officer to reply
: Secretary for Financial Services
*18. Hon LAU Ping-cheung to ask: (Translation)
According to the findings of a recent study, liquefied petroleum gas ("LPG") taxis have high levels of carcinogenic gas build-up while in operation. With the progressive lowering of the permissible concentrations of pollutants in diesel for vehicles and the tightening of the emissions standards for diesel vehicles, will the Government inform this Council whether:
| (a) | it regularly conducts tests on vehicles using different types of fuels, such as petrol, diesel, LPG, natural gas and electricity, to see how far they are environmentally-friendly; if so, of the results; if not, the criteria adopted for deciding whether vehicles using a particular type of fuel should be permitted to operate in the territory; and
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| (b) | it has set up a mechanism whereby automatic approval will be granted to vehicles using any one type of fuel once they have been tested and found to have met the stipulated environmental protection standards?
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Public Officer to reply
: Secretary for the Environment and Food
*19. Hon LAU Kong-wah to ask: (Translation)
It was reported that on 3 February this year, vessels suspected to be Mainland public security authorities vessels intercepted two vessels in Hong Kong waters and hijacked one of them to the Mainland. The crew members of the other vessel subsequently claimed that they had been robbed of $300,000. Regarding the law and order in Hong Kong waters, will the Government inform this Council:
| (a) | of the progress of its investigation into the above incident, and how it has assisted the crew members concerned;
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| (b) | of the number of incursions into Hong Kong waters by vessels of the Mainland public security authorities in the past five years; and
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| (c) | whether the Guangdong Provincial Government and the Hong Kong Special Administrative Region Government meet regularly to discuss cooperation in matters relating to law and order in Hong Kong waters?
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Public Officer to reply
: Secretary for Security
*20. Hon CHAN Yuen-han to ask: (Translation)
Following the Administration's order in May this year to slaughter poultry, compensation or ex-gratia grants were granted to the affected poultry farmers, wholesalers, retailers and transport operators. It is learnt that some of the casual workers in these trades have not benefited from this and are suffering from financial hardships. In this connection, will the Government inform this Council:
| (a) | of the respective numbers of cases in which casual workers in these trades applied for Comprehensive Social Security Assistance and emergency aid since the outbreak of avian influenza in May and, among them, the numbers of approved and rejected cases, as well as the reasons for the rejections; and
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| (b) | whether, in order to protect the interests of casual workers in similar incidents in future, it will consider establishing a compensation mechanism for them; if it will, of the details; if not, the reasons for that?
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Public Officer to reply
: Secretary for the Environment and Food
*For written reply.
III. Bills
First Reading
Travel Agents (Amendment) Bill 2001
Second Reading (Debate to be adjourned)
Travel Agents (Amendment) Bill 2001
: Secretary for Economic ServicesSecond Reading (Debates to resume), Committee Stage and Third Reading | 1. Chief Executive Election Bill | : | Secretary for Constitutional Affairs
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| 2. Revenue (No.3) Bill 2001 | : | Secretary for the Treasury
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| 3. Supplementary Appropriation (2000-2001) Bill 2001 | : | Secretary for the Treasury
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| 4. Fixed Penalty (Public Cleanliness Offences) Bill | : | Secretary for the Environment and Food
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IV. Motions1. Proposed resolution under the Pharmacy and Poisons Ordinance
Secretary for Health and Welfare to move the following motion:
RESOLVED that the following Regulations, made by the Pharmacy and Poisons Board on 18 June 2001, be approved -
| (a) | the Pharmacy and Poisons (Amendment) (No. 4) Regulation 2001; and
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| (b) | the Poisons List (Amendment) (No. 3) Regulation 2001.
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(The two Regulations have been issued on 20 June 2001 under LC Paper No. CB(3) 818/00-01)
2. Proposed resolutions under the Interpretation and General Clauses Ordinance
Secretary for Economic Services to move the following motion:
RESOLVED that the Freight Containers (Safety) (Examination Procedure) Order, published in the Gazette as Legal Notice No. 114 of 2001 and laid on the table of the Legislative Council on 6 June 2001, be amended, in section 4(1)(b)(ii) and (2)(b)(ii), by repealing "specified" and substituting "determined by the competent person".
V. Members' BillsSecond Reading (Debates to resume), Committee Stage and Third Reading
| 1. Bank of China (Hong Kong) Limited (Merger) Bill | : | Dr Hon David LI
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| Public Officer to attend | : | Secretary for Financial Services
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| 2. The Bank of East Asia, Limited Bill | : | Hon NG Leung-sing
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| Public Officer to attend | : | Secretary for Financial Services
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VI. Members' Motions
1. Proposed resolution under Article 75 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China
Hon TSANG Yok-sing to move the following motion:
RESOLVED that the Rules of Procedure of the Legislative Council of the Hong Kong Special Administrative Region be amended -
| (1) | by repealing Rule 50(8) and substituting -
"(8) In the case of a bill which is a "private bill" as defined in the Private Bills Ordinance (Cap. 69), there shall be included in the bill the following clause:
"Saving
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them.".";
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| (2) | in Rule 51(6), by repealing "having any intention such as is described" and substituting "such as is referred to".
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2. The cosmopolitan city
Hon Martin LEE: (Translation)
That, acknowledging that if Hong Kong is to be developed into a first-class cosmopolitan city comparable to New York or London, the Government cannot confine itself to promoting a knowledge-based economy, producing highly-talented people and cultivating a healthy natural environment, this Council calls upon the Government to urgently take effective measures to establish a political system based on universal suffrage, a tradition of respect for human rights and the rule of law, and a social system that upholds social justice and the dignity of the individual - which no cosmopolitan city can do without.
Public Officer to attend
: Secretary for Home Affairs
3. Expediting the development of the logistics industry
Hon Kenneth TING: (Translation)
That this Council urges the Government to expedite the development of the logistics industry, thereby giving impetus to the recovery of the local economy.
Public Officer to attend
: Secretary for Economic Services
Clerk to the Legislative Council
