A 00/01-10(1)

Legislative Council

Agenda

Wednesday 29 November 2000 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Dangerous Drugs Ordinance (Amendment of First Schedule) (No. 2) Order 2000329/2000
2.Dutiable Commodities (Amendment) (No. 2) Regulation 2000330/2000
3.Firearms and Ammunition (Amendment) (No. 2) Regulation 2000331/2000
4.Firearms and Ammunition (Storage Fees) (Amendment) Order 2000332/2000
5.Pawnbrokers (Amendment) Regulation 2000333/2000
6.Bills of Sale (Fees) (Amendment) Regulation 2000334/2000
7.Fees for Official Signatures and Miscellaneous Services (Amendment) Notice 2000335/2000
8.Hong Kong Court of Final Appeal Fees (Amendment) Rules 2000336/2000
9.High Court Fees (Amendment) Rules 2000337/2000
10.District Court Civil Procedure (Fees) (Amendment) (No. 2) Rules 2000338/2000
11.Coroners (Fees) (Amendment) Rules 2000339/2000
12.Small Claims Tribunal (Fees) (Amendment) Rules 2000340/2000
13.Legal Practitioners (Fees) (Amendment) (No. 2) Rules 2000341/2000
14.Mandatory Provident Fund Schemes (Compensation Claims) Rules342/2000
15.Mandatory Provident Fund Schemes (Winding Up) Rules343/2000

Other Paper

No.34-The Prince Philip Dental Hospital Hong Kong Report by the Board of Governors for the period 1 April 1999 to 31 March 2000

(to be presented by Secretary for Health and Welfare)

II. Questions

1. Dr Hon LUI Ming-wah to ask: (Translation)

Regarding the admission of Mainland professionals to work in Hong Kong, will the Government inform this Council:

    (a)whether it plans to relax the eligibility criteria for admitting such professionals to work in Hong Kong; if so, of the timing of its implementation; and

    (b)whether it will consider implementing another admission scheme for Mainland talents so as to allow retired professors and engineering and technical experts to work in Hong Kong as consultants, and for the employees to be granted one-year employment visas renewable for up to five consecutive times?

Public Officer to reply : Secretary for Security

2. Dr Hon David LI to ask:

Regarding China's impending accession to the World Trade Organization ("WTO"), will the Government inform this Council:

    (a)of the initiatives that it has taken since last year to promote the trading prospects of Hong Kong companies in the Mainland;

    (b)whether there are outstanding issues that it has yet to resolve with the Central Government in order not to hamper the ability of Hong Kong companies to compete with companies from other WTO member states for trading in the Mainland; if so, of the details of these issues and the action it is taking to resolve them; and

    (c)whether it is discussing with the Central Government visa-free access to the Mainland for those permanent Hong Kong residents who are foreign nationals and are not eligible to apply for Home Visit Permits but who are trading in the Mainland; if so, of the current status of and the target date for concluding such discussions?

Public Officer to reply : Secretary for Commerce and Industry

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

It was reported that the University Grants Committee ("UGC") has decided to reduce the bachelor degree places in medicine in the next three years. In this connection, will the Government inform this Council:

    (a)how the decision respectively affects the annual allocation of funds for the bachelor degree course in medicine offered by the two universities and the numbers of their degree places;

    (b)whether any assessment has been conducted on the effects of the decision on the quality and quantity of teaching and research in the faculties of medicine concerned; and

    (c)whether UGC has also reviewed the number of bachelor degree places in dentistry; if so, of its result; if not, the expected timing to undertake the review?

Public Officers to reply :Secretary for Education and Manpower
Secretary for Health and Welfare

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

Tilting occurred in Blocks K and L of Tin Chung Court, a Home Ownership Scheme estate last year. The Housing Authority ("HA") and the Housing Department ("HD") indicated that strengthening works to the foundation of the two buildings would be carried out. In this connection, will the Government inform this Council:

    (a)of the implementation plan, estimated cost and implementation timetable of the foundation strengthening works, as well as the anticipated date of occupation of the two buildings;

    (b)of the name of the company awarded the contract for the works, the tender price and the types of works it will undertake; and

    (c)whether it has assessed if such foundation strengthening works can completely solve the structural safety problems of the buildings and examined if it is the HA, the HD, the engineering consultant firm or the company carrying out such works that should be held responsible for any future structural problems of the two buildings?

Public Officer to reply : Secretary for Housing

5. Hon Tommy CHEUNG to ask: (Translation)

In a paper submitted to the Yuen Long District Council, the Police stated that bars in the district are closely related to triad members and proposed that the bars stop operating at 1 a.m.. In this connection, will the Government inform this Council:

    (a)of the evidence the Police has to support the statements in its paper that "many customers of the bars are triads" and that "almost all of the bars have known or suspected triad involvement in their management and/or bouncership"; whether it has assessed if the statements are fair to the bar owners and customers alike; if the statements are assessed to be unfair, whether the Police will make a public apology to the people concerned; and

    (b)whether it has assessed if there are sufficient justifications for restricting the operating hours of bars on the grounds of maintaining law and order; if it has, of the details of the assessment; if not, the reasons for that?

Public Officer to reply : Secretary for Security

6. Hon Kenneth TING to ask: (Translation)

Regarding oil companies which allegedly reap unreasonable profits by not passing on to consumers the full benefit of the duty concessions made by the Government on ultra low sulphur diesel, thereby infringing upon the latter's interests, will the Government inform this Council whether legislation exists, or agreements have been made with these oil companies, on the basis of which these companies can be held criminally or civilly liable; if so, of the follow-up action it will take; if not, whether it will enact relevant legislation or sign such agreements with these companies?

Public Officer to reply : Secretary for Economic Services

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

According to the policy objectives in the 2000 Policy Address, the Administration will conduct a survey to gauge the type of domestic services required by households that employ foreign domestic helpers. In this connection, will the Government inform this Council:

    (a)of the specific ideas for conducting the survey, such as its timetable, scale, and the funds and manpower required; and

    (b)whether the survey will include enquiring about the demand of local households for local domestic helpers and the types of domestic services they provide, should a restriction be imposed on the number of foreign domestic helpers?

Public Officer to reply : Secretary for Education and Manpower

*8. Hon Bernard CHAN to ask:

Regarding the insurance cover for students of aided and caput schools who suffer injuries within school premises or whilst participating in school activities, will the Government inform this Council:

    (a)of the number of students who claimed compensation and the amount claimed under the insurance policy in each of the past five years;

    (b)whether it has assessed if students are given sufficient coverage under the existing insurance policy; if so, of the results of the assessment; and

    (c)whether there are plans to extend the insurance coverage for students; if so, of the details of the plans?

Public Officer to reply : Secretary for Education and Manpower

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

Regarding the Block Insurance Policy ("BIP") which the Education Department ("ED") took out for aided and caput schools last year, will the Government inform this Council:

    (a)of the respective amounts of annual premium and related costs payable by the Administration;

    (b)whether the ED has consulted the relevant parties of the education sector about the coverage of the BIP and the terms of compensation before deciding to take out such policy; if it has, of the details of such consultation; if it has not, how it can ensure that the protection provided by the BIP meets the needs of the schools and the students;

    (c)of the numbers of claims since the BIP has taken effect, according to the items covered in the policy; among the cases in which compensation was awarded, of the type of claimants, occurrences and the amounts of compensation; and how the compensation award compares to that made out under the previous insurance policy during its two-year period of valid coverage;

    (d)as the public liability insurance included in the BIP is to protect a school in respect of its legal liability regarding persons injured or suffering any loss due to the school's negligence, whether such persons, who include non-students, can be awarded compensation where sufficient evidence to prove the school's negligence is not available; and the definition of the school's negligence; and

    (e)whether it will consult the relevant parties of the education sector about the extension of the coverage and relaxation of the terms of compensation?
Public Officer to reply : Secretary for Education and Manpower

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

Will the Government inform this Council:
    (a)of the number of complaints received by the relevant authorities each month in the past year concerning e-mail subscribers receiving spam messages; whether it has analyzed the source of these e-mails according to their originating regions, the categories of sender accounts or any other classification;

    (b)whether it knows the actions taken by Internet service providers against spamming; the number and details of these actions; whether they include rejecting e-mails from specific web sites;

    (c)whether complaints have been received from e-mail subscribers about their account information being stolen for the purpose of sending spam messages; if so, of the number of such complaints;

    (d)whether it has reviewed, in conjunction with the Hong Kong Internet Service Providers Association, the effectiveness of the Anti-SPAM initiatives, which was launched by the Association early this year; if it has, of the results of the review; and

    (e)of the actions it will take to combat spamming for the protection of e-mail subscribers?
Public Officer to reply : Secretary for Information Technology and Broadcasting

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

Will the Executive Authorities inform this Council whether they know:
    (a) the number of complaints about the unpleasant smell in toilets received by the Airport Authority ("AA") each month; since the opening of the Hong Kong International Airport at Chek Lap Kok;

    (b) the means employed and the amount of money spent by the AA to tackle the problem;

    (c) if the AA has considered installing fresh air units in the toilets; if it has not, of the reasons for that;

    (d) if the AA plans to carry out toilet improvement works; if it has, of the relevant details and the budget involved; and

    (e) when the problem is expected to be fully solved?
Public Officer to reply : Secretary for Economic Services

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

According to the latest information from the Narcotics Division of the Security Bureau, the number of adolescent psychotropic drug abusers has increased by 38% over last year. In this connection, will the Government inform this Council:
    (a) in terms of quantity, of the five most popular types of psychotropic drugs abused by adolescents last year and their respective side effects;

    (b) of the measures in place to help adolescents know more about the composition and side effects of the drugs, and whether such measures include distributing information pamphlets or holding talks both inside and outside schools; and

    (c) whether, in order to assist front-line social workers in counselling adolescent abusers, it has regularly provided them with comprehensive and up-to-date information on psychotropic drugs as well as other forms of support from time to time?
Public Officer to reply : Secretary for Security

*13. Hon Kenneth TING to ask: (Translation)

It was reported that, according to the study of the Organisation for Economic Co-operation and Development, Hong Kong's expenditure on research and development ("R&D") in science and technology, which accounts for only 0.25% of its gross domestic product, ranks 40th among the 47 major territories in the world. Moreover, it is estimated that on average, only 1.5 in 1 000 persons in the territory are engaged in R&D in science and technology. This ratio is lower than those of its major competitors such as Taiwan and Singapore. In this connection, will the Government inform this Council:
    (a) of the measures to encourage more people to join the science and technology sector, and to strengthen the training provided to them in order to enhance their quality; and

    (b) whether it will allocate more resources for researches in science and technology and consider establishing an agency, which consists of scientists and technologists, responsible for formulating policies on science and technology and coordinating the work of the relevant research institutions and government departments?
Public Officer to reply : Secretary for Commerce and Industry

*14. Dr Hon David LI to ask:

Regarding the Government's efforts to reach agreement with Hong Kong's trading partners for relief from double taxation on financial services, so as to promote Hong Kong as an international financial centre, will the Government inform this Council:
    (a) of the countries or territories with which it has reached agreement; and

    (b) of the countries or territories with which it is currently undergoing negotiations and the status thereof?
Public Officer to reply : Secretary for the Treasury

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

Will the Government inform this Council of the following in each of the past five years:
    (a) the quantities of imported food products claiming to be "health food" and their major places of origin;

    (b)the amount spent by the public on various kinds of "health" food products; and

    (c) whether, in respect of "health" food products with untrue efficacy claims and other related problems, it has instituted prosecution against persons acting as agents or responsible for the import, export, sale and promotion of those products; if it has, of the details of the prosecuted cases?
Public Officer to reply : Secretary for the Environment and Food

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

Will the Government inform this Council:
    (a) of the calculation method in respect of the number of days lost through work stoppage due to labour disputes; and

    (b) whether the figure includes the number of days of work stoppage relating to labour disputes not handled by the Labour Department?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the search for the missing teenager YU Man-hon, will the Executive Authorities inform this Council whether:
    (a) they will consider allocating funds for buying air time of Mainland television stations to broadcast search messages for YU Man-hon;

    (b) they will consider allocating additional funds for the same purpose after the $200 000 earmarked for placing search notices in the Mainland printed media is used up; and

    (c) they will make public the names of officers of the immigration Department who have been found at fault?
Public Officer to reply : Secretary for Security

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

It was reported that the Food and Drug Administration ("FDA") of the United States had decided to legislate against the use of phenylpropanolamine in drugs. In this connection, will the Government inform this Council:
    (a) of the drugs containing phenylpropanolamine which are being sold in Hong Kong; the side-effects of such drugs on people, and whether relevant indications are marked on the package of such drugs;

    (b) whether any reports have been received over the past three years concerning the side-effects of these drugs on people; and

    (c) whether the Administration will make reference to the relevant study report of the FDA and consider legislating against the sale of such drugs; if not, of the reasons for that?
Public Officer to reply : Secretary for Health and Welfare

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

Regarding commercial premises in public rental housing ("PRH") estates, will the Government inform this Council whether it knows:
    (a) the respective vacancy rates of commercial premises in PRH estates of the Housing Authority ("HA") and the Housing Society ("HS"), and how such vacancy rates compare to those for the past two years;

    (b) the criteria adopted by the HA and the HS for determining the rent of commercial premises, as well as the considerations and their respective weightings in the formulation of such criteria;

    (c) if the HA's new rent policy, which is based on its recent decision to peg the rent of commercial premises in new PRH estates to the occupancy rate in these estates, applies to the tenants of commercial premises in existing PRH estates; and

    (d) as tenants of nearby PRH estates may also patronize the commercial premises in new PRH estates, the HA's reasons for not taking into account the number of existing households in nearby estates in calculating the rent of commercial premises in new PRH estates?
Public Officer to reply : Secretary for Housing

*20. Hon Mrs Sophie LEUNG to ask: (Translation)

Will the Government inform this Council of:
    (a) the number of processions and demonstrations held by members of the community in public places in each of the past five years and, among them, the number of those held without prior notice being given to the Police as required by law; and

    (b) the annual expenditure incurred by the Government in maintaining order during public processions and demonstrations?
Public Officer to reply : Secretary for Security

*For written reply.

III. Bills

First Reading

1. Securities and Futures Bill

2. Banking (Amendment) Bill 2000

Second Reading (Debates to be adjourned)

1. Securities and Futures Bill :Secretary for Financial Services
2. Banking (Amendment) Bill 2000 :Secretary for Financial Services

IV. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Mrs Miriam LAU to move the following motion:

RESOLVED that the Resolution of the Legislative Council (L.N. 206 of 2000) (Commencement) Notice 2000, published as Legal Notice No. 286 of 2000 and laid on the table of the Legislative Council on 25 October 2000, be amended, by repealing "1 December 2000" and substituting "1 December 2001".

Public Officer to attend : Secretary for the Environment and Food

2. Proposed resolution under the Interpretation and General Clauses Ordinance

Hon Mrs Miriam LAU to move the following motion:

RESOLVED that the Fixed Penalty (Criminal Proceedings) (Amendment) (No. 3) Regulation 2000, published as Legal Notice No. 283 of 2000 and laid on the table of the Legislative Council on 25 October 2000, be amended, in section 1, by repealing "1 December 2000" and substituting "1 December 2001".

Public Officer to attend : Secretary for the Environment and Food

3. Abolishing the age requirement for dependent parent allowance

Hon WONG Sing-chi: (Translation)

That, as the serious unemployment situation in Hong Kong has forced many people to retire early, this Council urges the Government to abolish the age requirement that a dependent parent must reach the age of 60 to qualify for the dependent parent allowance, so that all taxpayers with dependent parents are eligible to claim such allowance, thereby providing an incentive for taxpayers to provide for their parents who are under the age of 60 and are unemployed or have no income, so as to alleviate their financial burden.

Public Officer to attend : Secretary for the Treasury

4. Opposing the surge of fees and charges

Hon CHAN Kam-lam: (Translation)

That, while the public have yet to benefit from the slight improvement in Hong Kong's economy, the Government and a considerable number of public and private organizations have chosen to propose increases in fees and charges at this stage, thereby aggravating the burden on the public; in this regard, this Council urges the Government to face up to the surge of fees and charges, and continue to freeze government fees and charges which have a direct impact on people's livelihood; at the same time, this Council calls on the public utilities to go through the hard times with the public by freezing their fees and charges.

Amendments to Hon CHAN Kam-lam's motion

(i)Hon Fred LI: (Translation)

To delete "urges" and substitute with "strongly opposes"; to delete "to face up to the surge of fees and charges, and continue to freeze government" and substitute with "increasing its"; to add ", including charges for water, sewage and postage" after "direct impact on people's livelihood"; to delete "calls on" and substitute with "strongly opposes increases in fares and charges by"; and to delete "to go through the hard times with the public by freezing their fees and charges" and substitute with "and transport companies, such as Hongkong Electric Company Limited, Tate's Cairn Tunnel, Tai Lam Tunnel, Western Harbour Crossing, New World First Bus Services Limited and Star Ferry Company Limited".

(ii)Hon LAU Chin-shek: (Translation)

To delete "which have a direct impact on people's livelihood"; to add "in order to safeguard people's livelihood," after "at the same time,"; to delete "calls on" and substitute with "strongly opposes"; and to delete "to go through the hard times with the public by freezing" and substitute with "increasing".

(iii)Hon James TIEN: (Translation)

To add "and the business environment" after "direct impact on people's livelihood"; to delete "to go" and substitute with ", apart from having regard for making reasonable returns, to also consider the factor of going"; and to delete "by freezing" and substitute with "when considering whether or not to adjust".

Public Officer to attend : Secretary for the Treasury

Clerk to the Legislative Council