A 00/01-32(1)

Legislative Council

Agenda

Wednesday 13 June 2001 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Import and Export (Fees) (Amendment) Regulation 2001128/2001
2.Municipal Services Appeals Board (Witnesses' Allowances) Regulation129/2001
3.Banking Ordinance (Amendment of Seventh Schedule) Notice 2001130/2001
4.Midwives (Registration and Disciplinary Procedure) (Amendment) Regulation 2001131/2001
5.Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 2001132/2001
6.Administrative Appeals Board (Witnesses' Allowances) Rules133/2001
7.Chiropractors (Registration and Disciplinary Procedure) Rules134/2001
8.Chiropractors Registration (Fees) Regulation (L.N. 79 of 2001) (Commencement) Notice 2001135/2001
9.Fugitive Offenders (Malaysia) Order (Cap. 503 sub. leg.) (Commencement) Notice 2001136/2001
10.Banking Ordinance (Amendment of Eleventh Schedule) Notice 2001137/2001


II. Questions

1. Hon SZETO Wah to ask: (Translation)

After considering the initial report submitted by the People's Republic of China on the implementation of the International Covenant on Economic, Social and Cultural Rights in the Hong Kong Special Administrative Region ("SAR"), the United Nations Committee on Economic, Social and Cultural Rights adopted on 11 May this year its Concluding Observations in which it regretted that the Hong Kong SAR had not yet implemented a number of recommendations it had made in 1996, including the establishment of a "human rights institution" with a broad mandate, and urged the Hong Kong SAR again to establish such an institution. In this connection, will the Government inform this Council how and when it will fulfil its obligation to establish a human rights institution?

Public Officers to reply:Secretary for Home Affairs
Secretary for Justice


2. Hon LAU Chin-shek to ask: (Translation)

In 1996, the United Nations Committee on Economic, Social and Cultural Rights recommended that the Hong Kong Special Administrative Region ("SAR") make regulations on statutory minimum wage, working hours, paid weekly rest, rest breaks and compulsory overtime pay. In its recent Concluding Observations, the Committee regretted that the recommendation had not yet been implemented in Hong Kong SAR. In this connection, will the Government inform this Council of:
    (a)the reasons for its failure so far to implement the recommendation; and

    (b)the specific measures and the timing for implementing the recommendation?
Public Officers to reply:Secretary for Education and Manpower
Secretary for Justice


3. Hon James TO to ask: (Translation)

In 1996, the United Nations Committee on Economic, Social and Cultural Rights made recommendations to the Hong Kong Special Administrative Region ("SAR") for extending the prohibition of race discrimination into the private sector and prohibiting discrimination on the basis of sexual orientation and age. In its Concluding Observations adopted recently, the Committee regretted that the recommendations had not yet been implemented, and urged the Hong Kong SAR again to implement the recommendations. The Committee also considered that the Hong Kong SAR's failure to prohibit race discrimination in the private sector constitutes a breach of its obligations under Article 2 of the International Covenant on Economic, Social and Cultural Rights. In this connection, will the Government inform this Council how it will follow up the recommendations?

Public Officers to reply:Secretary for Home Affairs
Secretary for Justice
Secretary for Education and Manpower


4. Hon Martin LEE to ask: (Translation)

In its Concluding Observations, the United Nations Committee on Economic, Social and Cultural Rights pointed out that the current arrangements for the election of the Legislative Council include some undemocratic features which impede the full enjoyment of economic, social and cultural rights in the Hong Kong Special Administrative Region ("SAR"). In this connection, will the Government inform this Council:
    (a)of its plan to improve the method for forming the Legislative Council in order to achieve "the ultimate aim" of "the election of all the members of the Legislative Council by universal suffrage", as stipulated in Article 68 of the Basic Law; and

    (b)whether, prior to the submission of the second report on the Hong Kong SAR to the Committee in 2003, it will conduct public consultation on the direct election of all members of the Legislative Council on a one-person-one-vote basis, the voting procedure of the Legislative Council and the provisions of Article 74 of the Basic Law regarding the introduction of bills by Members of the Legislative Council, and submit the outcome of the consultation to the Committee for its reference; if so, of the timetable for the consultation?
Public Officer to reply : Secretary for Constitutional Affairs

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

Will the Government inform this Council of the following, for each of the past three years:
    (a)the number of cases in which live food animals, chilled or frozen meat and poultry illegally imported were seized by the Customs and Excise Department; whether it has estimated the ratio of seized meat to the total quantity of meat brought in successfully via illegal channels; and

    (b)the number of prosecutions instituted in respect of the offence mentioned above, and the average penalty imposed by the court on convicted persons?
Public Officers to reply : Secretary for Security Secretary for the Environment and Food

6. Hon Michael MAK to ask: (Translation)

In its Concluding Observations, the United Nations Committee on Economic, Social and Cultural Rights expressed grave concern about the widespread and unacceptable incidence of poverty in Hong Kong Special Administrative Region ("SAR"), and strongly recommended that the Hong Kong SAR Government establish either an inter-departmental anti-poverty unit or an independent anti-poverty commission, to study and formulate anti-poverty strategies and monitor the impact of various policies on poverty. In this connection, will the Government inform this Council of the specific measures to implement the above recommendations and the timeframe for implementation?

Public Officers to reply:Secretary for Health and Welfare
Secretary for Justice


*7. Hon Howard YOUNG to ask: (Translation)

Regarding the temporary road closures to restrict vehicular access due to the holding of banquets at Government House or the Chief Executive's Official Residence, will the Government inform this Council of:
    (a)the number and average duration of road closures for the above reason; as well as the number of complaints about such road closures received over the past three years, together with a breakdown by the subject of complaint; and

    (b)the number of hours of advance notice of such road closures given generally to the affected residents and drivers?
Public Officer to reply : Secretary for Security

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

Regarding cases of students being bullied at school, will the Government inform this Council:
    (a)of the total number of cases reported last year involving students being bullied by schoolmates, together with a breakdown by the form of bullying (for example, acts of violence or verbal abuses, etc.);

    (b)whether it has assessed if such cases are prevalent; and whether it will consider conducting surveys and compiling statistics to ascertain the seriousness of the problem, as well as formulating measures to tackle it; and

    (c)whether it will consider providing training to teachers, parents and students so as to assist them in identifying and handling cases of bullying at school?
Public Officer to reply : Secretary for Education and Manpower

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

It is learned that residents in Harmony Type public rental housing ("PRH") estates are very concerned about the numerous burglary cases which took place in such PRH estates recently, claiming that these cases were related to the design of the estates, for example the four windows in the lift lobby are not grilled, and the metal gates of PRH flats can be opened by someone who puts his hand in from outside. In this connection, will the government inform this Council:
    (a)of the number of burglary cases which took place in Harmony Type PRH estates in each of the past 12 months; and among such cases, the number of cases occurring in units near the lift lobby or the ventilation points at the corridor;

    (b)of the measures to solve the security problems caused by the above-mentioned designs; and

    (c)whether it has assessed if the burglary cases are related also to the other design aspects of PRH estates; if the assessment is in the affirmative, of the details and the measures for improvement?
Public Officer to reply : Secretary for Housing

*10. Hon Henry WU to ask: (Translation)

Regarding the efforts of the Government and public-funded organizations in promoting Hong Kong overseas, will the Government inform this Council:
    (a)of the details of the advertisements broadcast or published on overseas television, radio, newspapers and other publications, as well as the promotional fairs and exhibitions participated by the Government and public-funded organizations respectively in the past three years; together with the annual expenses and number of such promotion campaigns for each promotional channel, and the number of and expenditure on promotional campaigns which focused on Hong Kong's political and economic situations;

    (b)whether it has assessed the effectiveness of the overseas promotional efforts; if it has, of the assessment methods and results; if not, the reasons for that;

    (c)whether it has conducted any study on the overseas promotional strategies adopted by other countries, in particular those of Hong Kong's key competitors; if it has, of the details;

    (d)of the percentage of the expenses on such promotional efforts in the Gross Domestic Product in each of the past three years; how it compares with those of Hong Kong's key competitors; and

    (e)whether it plans to allocate more resources so that such overseas promotional efforts can be more effective?
Public Officer to reply : Secretary for Home Affairs

*11. Hon Andrew CHENG to ask: (Translation)

In reply to my written question on 16 May this year, the Secretary for Security said that holders of the permanent identity card, regardless of their nationalities, enjoy the right of abode in the Hong Kong Special Administrative Region ("HKSAR"); and people with the right of abode in the HKSAR, regardless of their nationalities, enjoy the rights to be free of any condition of stay (including a limit of stay) in the HKSAR, not to be deported from the HKSAR and not to be removed from the HKSAR. On the other hand, paragraph 7 of Schedule 1 to the Immigration Ordinance (Cap. 115) provides that persons not of Chinese nationality may lose the status of permanent resident if they have been absent from Hong Kong for a continuous period of not less than 36 months. In this connection, will the Government inform this Council:
    (a)whether persons not of Chinese nationality will also lose the right of abode in the HKSAR and the right not to be deported or removed from the HKSAR when they lose the status of permanent resident as a result of having been absent from Hong Kong for a continuous period of not less than 36 months;

    (b)if the answer to (a) above is in the affirmative, of the legal basis for this; and

    (c)if the answer to (a) above is in the negative, whether the Administration can impose conditions of stay on people who have lost the status of permanent resident but still enjoy the right of abode in the HKSAR, deport or remove them from the HKSAR or refuse them entry to the HKSAR?
Public Officer to reply : Secretary for Security

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

The Occupational Deafness (Compensation) Ordinance (Cap. 469) provides that a person who wishes to apply to the Occupational Deafness Compensation Board for compensation has to make an application within 12 months from the date of his leaving employment in a noisy occupation. It has been reported that a 68 years old retired worker, who suffered from a 50% hearing loss after operating jackhammers on construction sites for years, had missed the deadline for making an application for compensation because he did not have a fixed residential address after retirement, and therefore had not received any documents from the Government. Under the Ordinance, he has to be employed in a noisy occupation again for one month before he may apply for compensation. In this connection, will the Executive Authorities inform this Council whether they:
    (a)are aware of the above case; if so, whether they have taken any measures to assist that worker in applying for compensation;

    (b)will consider amending the above Ordinance to empower the Board to accept late applications on a discretionary basis; and

    (c)will review the adequacy of the current protection offered to workers who suffer deafness by reason of their employment in noisy occupations; if not, of the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

As many students seek short-term employment during the summer holidays ("summer jobs"), will the Government inform this Council:
    (a)of the number of complaints about summer jobs received from students in each of the past five years, together with a breakdown by the type of jobs and the subject of complaint;

    (b)whether publicity campaigns have been launched to remind students of matters that need to be noted when seeking summer jobs; if so, of the details; and

    (c)whether guidelines on how to guard against deception have been provided to students?
Public Officer to reply : Secretary for Education and Manpower

*14. Hon Emily LAU to ask:

Regarding the amount of foreign reserves that is required to maintain currency stability, will the Executive Authorities inform this Council:
    (a)whether they have analyzed the attacks on Hong Kong dollar during the Asian financial turmoil in 1997 and 1998, and drawn any conclusions in relation to the level of foreign reserves;

    (b)whether they have reviewed if the current level of foreign reserves is too high; if they have, of the results of the review; and

    (c)if such review has not been conducted, whether they plan to do so in the near future; if they do not have such a plan, of the reasons for that?
Public Officer to reply : Secretary for Financial Services

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

In reply to my question on 16 May regarding the services provided by the Administration to young night drifters ("YNDs"), the Secretary for Health and Welfare said that since completion of the Youth Mobile Teams pilot project in 1999, many outreach social work teams and integrated teams had extended their service hours to serve YNDs. In this connection, will the Government inform this Council:
    (a)of the plans or measures in place to support these teams in their services to YNDs; and

    (b)whether it will consider opening some indoor games halls in North District, New Territories on a flexible basis so as to offer venues for social workers to provide counselling to YNDs late at night; if not, of the reasons for that?
Public Officer to reply : Secretary for Health and Welfare

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

It has been reported that a dominant supplier in the local market for computer operating system and application software plans to introduce a new licensing scheme as an option for its commercial customers in October. In addition to the current practice of buying permanent user licences for the software, they can also opt for paying software licence and upgrading fees on an annual basis. Regarding the licensing scheme and the competition in the software market, will the Government inform this Council whether:
    (a)it knows the details of the new licensing scheme; if so, of the specific details;

    (b)it has assessed how the new licensing scheme will affect the expenditure of government departments and industrial and commercial enterprises, in particular those small and medium enterprises, on computer software; if so, of the details of the assessment; and

    (c)it has assessed if there is sufficient competition in the local market for computer operating system and application software; if it has, of the details of the assessment, and the policies and measures in place to encourage and help government departments as well as industrial and commercial enterprises to use other cheaper software?
Public Officer to reply : Secretary for Information Technology and Broadcasting

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

Will the Government inform this Council of:
    (a)the respective annual numbers of cases handled by the Copyright Tribunal since its establishment in 1997, together with a breakdown by the outcome of these cases; and

    (b)the number of the above cases which involved disputes over copyright royalty charges?
Public Officer to reply : Secretary for Commerce and Industry

*18. Dr Hon LO Wing-lok to ask: (Translation)

As the offal, skin and blood of globefish (commonly known as "puffer") contain a strong poison, eating globefish which has not been properly prepared may lead to sickness or even death. In this connection, will the Government inform this Council whether the sale of globefish is regulated under the existing legislation; if so, of the relevant regulation, including the penalties for the illegal sale of globefish; if not, of the monitoring mechanism in place to ensure that globefish sold in the territory will not endanger the health of the public?

Public Officer to reply : Secretary for the Environment and Food

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

It has been reported that the Hospital Authority ("HA") fails to fully utilize its laundry workshops due to improper shift arrangements for its workers, making it necessary for HA to spend public money on contracting out the laundry of the staff uniforms and the clothing and bedding of patients of public hospitals to privately-run laundries. In this connection, will the Government inform this Council whether it knows:
    (a)the current number of laundry workshops operated by HA, the total number of laundry workers and details of the shift system concerned; and

    (b)the respective percentages of the laundry of public hospitals currently handled by HA, the Correctional Services Department and privately-run laundries?
Public Officer to reply : Secretary for Health and Welfare

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

At present, newly completed private buildings are required to be inspected by the Buildings Department ("BD") to ensure their compliance with the stipulations and requirements of the Building Ordinance (Cap. 123) before occupation permits are issued to the developers. Notwithstanding this, quite a number of owners still find rusted or spalling building materials upon occupation. In this connection, will the Government inform this Council:
    (a)of the details of the necessary inspection by BD before occupation permits for the newly completed private buildings are issued;

    (b)as BD should have completed the inspection processes before issuing occupation permits, why problems such as water seepage on external walls, concrete spalling, electricity leakage and rusted drains are still found in newly completed private buildings; and

    (c)whether it will consider stepping up its efforts in monitoring the construction of private buildings to prevent contractors from jerry-building?
Public Officer to reply : Secretary for Planning and Lands

*For written reply.

III. Bills

First Reading

1. Hong Kong Court of Final Appeal (Amendment) Bill 2001

2. Import and Export (Electronic Transactions) Bill 2001

3. Medical and Health Care (Miscellaneous Amendments) Bill 2001

Second Reading (Debates to be adjourned)

1. Hong Kong Court of Final Appeal (Amendment) Bill 2001:Chief Secretary for Administration

2. Import and Export (Electronic Transactions) Bill 2001:Secretary for Commerce and Industry

3. Medical and Health Care (Miscellaneous Amendments) Bill 2001:Secretary for Health and Welfare


IV. Motions

1. Proposed resolution under the Road Traffic Ordinance

Secretary for Transport to move the following motion:

RESOLVED that the period for which there remains in force the limit on the number of vehicles which may be registered as public light buses specified in the Public Light Buses (Limitation on Number) Notice (Cap. 374 sub. leg.) and extended to 20 June 2001 by Legal Notice No. 158 of 1999, be further extended to 20 June 2006.

2. 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 22 May 2001, be approved -

    (a)the Pharmacy and Poisons (Amendment) (No. 3) Regulation 2001; and

    (b)the Poisons List (Amendment) (No. 2) Regulation 2001.

    (The two Regulations have been issued on 25 May 2001 under LC Paper No. CB(3) 699/00-01)
V. Members' Bills

First Reading

1. Bank of China (Hong Kong) Limited (Merger) Bill

2. The Bank of East Asia, Limited Bill

Second Reading (Debates to be adjourned)

1.Bank of China (Hong Kong) Limited (Merger) Bill:Dr Hon David LI
Public Officer to attend:Secretary for Financial Services

2.The Bank of East Asia, Limited Bill:Hon NG Leung-sing

Public Officer to attend:Secretary for Financial Services


VI. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon James TO to move the following motion:

RESOLVED that in relation to the Dangerous Drugs, Independent Commission Against Corruption and Police Force (Amendment) Ordinance 2000 (68 of 2000) (Commencement) Notice 2001, published in the Gazette as Legal Notice No. 100 of 2001 and laid on the table of the Legislative Council on 23 May 2001, the period referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap.1) for amending subsidiary legislation be extended under section 34(4) of that Ordinance to the meeting of 27 June 2001.

2. Reviewing the Mandatory Provident Fund System

Hon CHAN Kwok-keung: (Translation)

That, as the Mandatory Provident Fund ("MPF") System has been implemented for half a year, this Council urges the Government to conduct a review of the System, which must include:
    (a)lessening the burden on low-income earners in making contributions;

    (b)improving the industry schemes to ensure that industry members are protected;

    (c)expeditiously setting up separately a statutory universal retirement protection scheme for persons not covered by the MPF System; and

    (d)plugging the other loopholes in the relevant legislation and solving the problems relating to employer-employee relationships caused by the implementation of the MPF System

    and, having regard to the outcome of the review, to amend the relevant legislation as soon as possible.
Amendment to Hon CHAN Kwok-keung's motion

Hon Bernard CHAN: (Translation)

To delete "lessening the burden on low-income earners in making contributions" after "(a)" and substitute with "setting up a mechanism for reviewing the maximum and minimum levels of income for mandatory contributions; (b) lessening the heavy burden faced by employers in complying with the complicated administrative requirements in the legislation"; to delete "(b)" and substitute with "(c)"; to delete "(c)" and substitute with "(d)"; and to delete "(d)" and substitute with "(e)".

Public Officer to attend : Secretary for Financial Services

3. Tenants Purchase Scheme

Hon LAU Kong-wah: (Translation)

That, in order to improve the Hong Kong Housing Authority's Tenants Purchase Scheme ("TPS") and satisfy the needs of public housing residents, this Council urges the Housing Authority to:
    (a)expeditiously announce its plan for the sale of public housing flats after 2003;

    (b)extend the TPS to cover other types of public housing blocks apart from Trident blocks;

    (c)ensure that, before the sale of housing estates under the TPS, all the necessary repair and maintenance works are completed; and

    (d)consult the residents concerned on the contents of the deeds of mutual covenant for TPS estates not later than three months prior to the receipt of their letters of intent to buy the flats.

    Amendments to Hon LAU Kong-wah's motion

    (i)Hon Frederick FUNG: (Translation)

    To add "(c) consider implementing a flexible pricing scheme for the sale of public housing flats whereby residents who opt to buy their flats are allowed to choose the levels of discount equivalent to, for example, 10% to 50% of the assessed market value;" after "(b) extend the TPS to cover other types of public housing blocks apart from Trident blocks;"; to delete "(c)" and substitute with "(d)"; to delete "ensure that, before the sale of housing estates under the TPS," and substitute with "provide unified basic quality assurance for the facilities of TPS estates, complete"; to delete "are completed" after "all the necessary repair and maintenance works" and substitute with "before the sale of the estates concerned, formulate effective measures for monitoring the repair and maintenance of the buildings, and offer an adequate maintenance period to ensure the building quality"; to delete "(d)" and substitute with "(e) publicly"; and to delete "not later than three months prior to the receipt of their letters of intent to buy the flats" and substitute with "before they are finalized".

    (ii)Hon Albert HO: (Translation)

    To delete "; and" after "(c) ensure that, before the sale of housing estates under the TPS, all the necessary repair and maintenance works are completed" and substitute with ", and continue to undertake responsibility for the repair and maintenance of TPS flats within a reasonable period of time after the sale of such flats;"; and add "; (e) consult the residents concerned on the demarcation of lot boundaries for TPS estates not later than six months prior to the receipt of their letters of intent to buy the flats; and (f) assist in the work of owners' corporations in TPS estates, so as to protect the rights and interests of both owners and tenants in such estates" after "(d) consult the residents concerned on the contents of the deeds of mutual covenant for TPS estates not later than three months prior to the receipt of their letters of intent to buy the flats".
Public Officer to attend : Secretary for Housing

Clerk to the Legislative Council