A 00/01-23(1)

Legislative Council

Agenda

Wednesday 28 March 2001 and
Thursday 29 March 2001 at 2:30 pm respectively

I. Tabling of Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Schedule of Routes (Citybus Limited) Order 2001	70/2001
2.	Schedule of Routes (Kowloon Motor Bus Company) Order 2001	71/2001
3.	Schedule of Routes (Long Win Bus Company Limited) Order 2001	72/2001
4.	Schedule of Routes (New Lantao Bus Company) Order 2001	73/2001
5.	Schedule of Routes (New World First Bus Services Limited) Order 2001	74/2001
6.	Schedule of Routes (North Lantau and Chek Lap Kok Airport) (Citybus Limited) Order 2001	75/2001

Other Papers

1. No.72	-	AIDS Trust Fund 1999-2000 Annual Accounts together with the Director of Audit's Report
(to be presented by Secretary for Health and Welfare)
2. No.73	-	Occupational Safety and Health Council Annual Report 1998-1999
(to be presented by Secretary for Education and Manpower)
3. No.74	-	Traffic Accident Victims Assistance Fund Annual Report by the Director of Social Welfare Incorporated for the year from 1 April 1999 to 31 March 2000
(to be presented by Secretary for Health and Welfare)
4. No.75	-	Securities and Futures Commission Approved Estimates of Income and Expenditure for the financial year 2001-02 (to be presented by Secretary for Financial Services)

II. Questions for Written Replies

1. Hon SZETO Wah to ask: (Translation)

Regarding the supply-and-demand of housing in Hong Kong, will the Government inform this Council of:

(a)

the estimated demand of local residents to be generated from various housing need components in each of the next five years, in the form of the tabular breakdown below; and Housing need components Number of households generated (+)/reduced (-) Number of housing flats in demand Number of public housing flats occupied Number of private housing flats occupied Splitting ratio between public and private housing flats occupied First marriages Re-marriages Divorces Legal immigrants from China Expatriates Splitting of unextended nuclear family households Splitting of extended nuclear family households Splitting of multi-nuclear family households Clearance of temporary housing areas and cottage areas Clearance of squatters Emergency, natural disaster & compassionate cases Redevelopment of public sector housing Redevelopment of private sector housing Adequately housed non-owner-occupier households in private sector Inadequately housed households Adequately housed public rental housing households Net outflow of Hong Kong residents

(b)

the area of residential land to be supplied as well as the respective estimated numbers of public and private housing flats to be completed, in each of the next five years?

Public Officer to reply : Secretary for Housing

2. Hon Tommy CHEUNG to ask: (Translation)

At present, restaurant operators are required to pay a trade effluent surcharge according to the volume of water consumed. However, they can lodge appeals to ask for a reduction in the surcharge if they believe that the strengths of sewage discharged from their restaurants are less than 2 315 grams per cubic metre as measured by Chemical Oxygen Demand-Settled. Many restaurant operators are dissatisfied with the high surcharge rate and consider the cost of lodging an appeal too expensive. A canteen operator even set himself on fire in the Legislative Council Building early this month in protest against the surcharge and sustained severe burns. In this connection, will the Government inform this Council whether it will review the basis for setting the surcharge as well as the cost of lodging an appeal, and relax the stipulation on sewage strengths of restaurant effluents so as to reduce the operating costs of restaurants?

Public Officer to reply : Secretary for the Environment and Food

3. Hon Eric LI to ask: (Translation)

Will the Government inform this Council when it will release the results of the review of the government financial reporting policy, and whether it will consult relevant professional bodies on the recommendations made in the report?

Public Officer to reply : Secretary for the Treasury

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

Regarding the assistance provided to Hong Kong businessmen with investments in the Mainland, will the Government inform this Council:

(a)	of the number of enquiries made by Hong Kong businessmen to the Trade and Industry Department ("TID") on Mainland legislation and policies each year between 1995 and 1999, and TID's plans to strengthen its assistance to Hong Kong businessmen in the provision of relevant information; and
(b)	whether it will consider releasing regularly the categories and numbers of requests for assistance and complaints made by Hong Kong businessmen to TID, so that the public and this Council can be informed of the various types of difficulties encountered by Hong Kong businessmen operating businesses in the Mainland?

Public Officer to reply : Secretary for Commerce and Industry

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

The Administration is conducting a Proactive Registration Campaign for the Elderly to fulfill its commitment that registered eligible elderly persons can be provided with public rental housing flats by the end of 2003. In this connection, will the Government inform this Council:

(a)	of the number of registrations received to date, the number of cases in which the elderly concerned withdrew their registrations and the reasons for withdrawal;
(b)	of the registration procedures and formalities, and how the Housing Department helps the elderly understand these procedures; and
(c)	whether it will consider arranging for eligible elderly persons who are not able to register by the end of this month but may do so several months later to be provided with PRH flats by the end of 2003?

Public Officer to reply : Secretary for Housing

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

It was reported that on 5th of this month, a surgeon of the Prince of Wales Hospital was suspended from clinical duties with immediate effect by the Chief of Service of the Department of Surgery, allegedly because he had been impolite to his superior. Subsequently, a laparoscopic operation scheduled to be performed by the surgeon had to be replaced by an open surgery, which would inflict larger wounds on the patient, performed by other surgeons. In this connection, will the Government inform this Council whether it knows:

(a)	if the internal regulations of the Hospital Authority empower a Chief of Service in a public hospital to make decisions of his own accord to suspend a doctor from clinical duties; the procedure the Chief of Service has to follow in making such decisions; and the channels through which the doctor concerned can lodge an appeal;
(b)	as there was an allegation that the suspension was related to the surgeon's role as the Vice-President of the Hong Kong Public Doctors' Association and his active role in fighting for compensatory leave for doctors who work overtime, if the internal panel of enquiry established by the Prince of Wales Hospital for the incident has assessed whether the suspension was an act of suppressing and discriminating against trade unions; if so, the assessment results; if not, the justifications for that; and
(c)	the measures the Hospital Authority has put in place to ensure that patients' rights will not be compromised by such incidents?

Public Officer to reply : Secretary for Health and Welfare

7. Hon Henry WU to ask: (Translation)

Regarding the fire incidents and explosions of flammable gas installations at vacant squatter areas and vacant unauthorised structures, will the Government inform this Council:

(a)	of the respective numbers of squatter areas and rooftop structures cleared in the past three years; and the number of fires which broke out at such locations during the period when the residents had moved out and the structures were awaiting clearance;
(b)	of the government department responsible for the removal of abandoned LPG cylinders and other flammable gas installations at such locations; and whether a timeframe has been specified for the completion of such removal work; if so, of the specified timeframe; if not, the reasons for that;
(c)	of the measures adopted to prevent to-be-removed flammable gas installations from causing fires; and
(d)	whether it has examined if it is feasible to remove flammable gas installations immediately after they are identified as having been abandoned; if so, of the findings, if not, the reasons for that?

Public Officer to reply : Secretary for Housing

8. Hon WONG Yung-kan to ask: (Translation)

Regarding the interception of illegal immigrants ("IIs") from the Mainland, will the Government inform this Council of:

(a)	the respective numbers of IIs from the Mainland intercepted on land and at sea within the territory in each of the past three years, together with a breakdown by the district and the waters in which they were intercepted;
(b)	the measures adopted to intercept IIs; and
(c)	the measures in place to prevent Mainland persons from entering Hong Kong illegally by first landing on outlying islands by boat and then taking public transport for the urban areas?

Public Officer to reply : Secretary for Security

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

Regarding Invest Hong Kong, a government agency set up on 1 July last year, will the Government inform this Council of:

(a)	the number of foreign enterprises which have so far been attracted or offered assistance by the agency to invest in Hong Kong, together with a breakdown of this number, the total amount of investments and the number of jobs created locally, by the type of business of these enterprises; and
(b)	details of the comprehensive work targets and plans formulated by the agency for attracting inward investments?

Public Officer to reply : Secretary for Commerce and Industry

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

It has been reported that the Hospital Authority ("HA") had to pay a surcharge of $1.67 million for failing to pay the rates for its public hospitals before the specified deadline. In this connection, will the Government inform this Council whether it knows:

(a)	the rank of the staff member responsible for the late payment of rates and the disciplinary actions taken against him or her;
(b)	if HA has assessed the need for the head of the department concerned to bear part of the responsibility; if the assessment result is in the negative, of the reasons for that;
(c)	if the medical services of HA will be affected as a result of the fine; and
(d)	the measures HA has adopted to prevent similar incidents?

Public Officer to reply : Secretary for Health and Welfare

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

Regarding the switch to ultra-low sulphur diesel ("ULSD") by franchised bus companies, will the Government inform this Council:

(a)	whether it knows the respective monthly fuel consumption by buses operated by various franchised bus companies, and the respective percentages of ULSD in the fuel consumed;
(b)	of the measures in place to encourage franchised bus companies to expedite their switch to ULSD; if no measure is in place, the reasons for that; and
(c)	whether it will take into account the use of ULSD by franchised bus companies when considering their applications for fare adjustments?

Public Officer to reply : Secretary for Transport

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

Article 40 of the Basic Law stipulates that 'the lawful traditional rights and interests of the indigenous inhabitants of the "New Territories" shall be protected by the Hong Kong Special Administrative Region'. In this connection, will the Government inform this Council:

(a)	of the measures it has taken to give effect to the stipulation since the reunification; and
(b)	whether it has drawn up a working timetable for giving full effect to the stipulation; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

13. Dr Hon TANG Siu-tong to ask: (Translation)

With regard to cases of pigs being infected with the foot-and-mouth disease, will the Government inform this Council of:

(a)	the respective numbers of pigs which died of the disease and the farms affected in each month of the past three years; and
(b)	the time normally taken by the relevant departments to remove carcasses of pigs which died of the disease upon receiving reports of such pig carcasses being disposed of in public places, and the measures in place to stop pig farmers from dumping pig carcasses anywhere they like?

Public Officer to reply : Secretary for the Environment and Food

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

It was reported that early this month, a large quantity of corals were found dead in the coastal waters of Tai Lei Island near Peng Chau, and the death was suspected to have been caused by the construction works on a refuse transfer station on the island. In this connection, will the Government inform this Council whether:

(a)	the Environmental Protection Department had requested the contractor concerned to carry out marine ecological impact assessment before commencing the works; if it had, of the results of the assessment; if it had not, the reasons for that;
(b)	it has investigated the causes of death of the corals there; if it has, of the results of its investigation and whether the above-mentioned works were one of the causes;
(c)	it will consider suspending immediately the various works now being carried out in the relevant waters so as to avoid further damage to the marine ecosystem there; if not, of the reasons for that; and
(d)	it has any remedial measures to improve the marine ecology of the relevant waters?

Public Officer to reply : Secretary for the Environment and Food

15. Hon Cyd HO to ask: (Translation)

Regarding the composition and operation of the Women's Commission, will the Government inform this Council of:

(a)	the objective criteria it has adopted for appointing the chairperson and members of the Commission; how the working and community service experience and other qualifications of individual appointees have fulfilled such criteria;
(b)	the measures to ensure the transparency and accountability of the Commission in its operation; whether meetings of the Commission are held in public; if not, of the reasons for that; and
(c)	the way the Commission will take up opinions on women's affairs from voluntary organizations which have long been serving women at grass-roots level, for example, by inviting representatives of such organizations to its meetings to express their views; if not, of the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

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

Regarding disciplinary actions or prosecutions against civil servants for dereliction of duty, will the Government inform this Council of:

(a)	the respective numbers of civil servants who were subject to disciplinary actions and prosecutions for dereliction of duty in each of the past three years, with a breakdown by the nature of the dereliction, department and the penalty imposed; and
(b)	the criteria adopted in determining whether civil servants should be subject to disciplinary actions or prosecutions for dereliction of duty?

Public Officer to reply : Secretary for the Civil Service

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

Regarding vaccinations given to infants by the Department of Health ("DH"), will the Government inform this Council:

(a)	of the respective dates when DH specified the various vaccines now given to infants;
(b)	whether DH has employed improved or new strains of vaccines in the past five years; if so, of the details and the criteria adopted for determining the need to employ new vaccines; and
(c)	of the number of confirmed cases of haemophilus influenzae type b infection among infants in Hong Kong in the past two years and, among them, the number of cases in which complications had been caused; whether it will consider vaccinating all infants in Hong Kong; if so, of the public expenditure required each year; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

18. Hon Howard YOUNG to ask:

Regarding unlicensed travel agents, will the Government inform this Council:

(a)	whether it knows the total number of travel agents carrying out travel service without a licence in the past three years;
(b)	of the circumstances in which outbound group tours can be organized by a person without a licence; and
(c)	of the actions it has taken against unlicensed travel agents?

Public Officer to reply : Secretary for Economic Services

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

The authorities have stipulated that candidates must have sat for examinations in certain science, technical or computer subjects as school candidates before they can sit again as private candidates in the Hong Kong Advanced Level Examination; at the same time, practical examinations are being replaced gradually by teacher assessment as the assessment method for the practical components in the examinations in these subjects. Private candidates who wish to enter for those subjects which have done away with practical examinations must produce the teacher-assessed results they obtained previously as school candidates, for constituting their practical component results in the current year's examinations. Regarding examinations of private candidates in science, technical and computer subjects, will the Government inform this Council:

(a)	of the justifications for stipulating that candidates must have sat for examinations in certain subjects as school candidates before they can sit again as private candidates;
(b)	of the reasons for not retaining practical examination as one of the assessment methods so that private candidates who have never sat for the examinations in these subjects as school candidates can sit for them; and
(c)	whether it will consider reinstating the practical examination for Computer Applications; if not, of the reasons for that?

Public Officer to reply : Secretary for Education and Manpower

20. Hon Albert CHAN to ask: (Translation)

Regarding the expenditure and claims relating to the ten Airport Core Programme projects, will the Government inform this Council of:

(a)	the total expenditure of the ten projects as at the end of January this year and the difference between this figure and the estimated expenditure originally approved; and
(b)	the numbers and amounts of claims received respectively by the Government, the Airport Authority and the Mass Transit Railway Corporation in respect of the construction contracts of ten projects and, among them, the respective numbers and amounts of settled and unsettled claims?

Public Officer to reply : Secretary for Works

III. Bills

Second Reading (Debate to resume)

Appropriation Bill 2001 : Financial Secretary

IV. Members' Motions

Proposed resolution under the Interpretation and General Clauses Ordinance

Hon LAU Chin-shek to move the following motion:

RESOLVED that -

(a)

the Public Revenue Protection (Revenue) Order 2001 ("the Order"), published as Legal Notice No. 61 of 2001 and laid on the table of the Legislative Council on 14 March 2001, be repealed and that the provisions of the Dutiable Commodities Ordinance (Cap. 109), the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg.) and the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) in force immediately before the commencement of the Order shall, as from the date of publication of this Resolution, be revived and be in force; and

(b)

notwithstanding anything in this Resolution, the duty and fees provided for in the Order and applying immediately before the date of publication of this Resolution shall continue to be payable in relation to any application lodged or anything done under the provisions of the Dutiable Commodities Ordinance (Cap. 109), the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg.) and the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) between the date of commencement of the Order and the date of publication of this Resolution as if this Resolution had not been made and passed.

Public Officer to attend : Secretary for the Treasury

Clerk to the Legislative Council