A 01/02-20

Legislative Council

Agenda
Wednesday 13 March 2002 at 2:30pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Public Revenue Protection (Revenue) Order 200228/2002
2.Telecommunications (Amendment) Regulation 200229/2002
3.Telecommunications (Carrier Licences) (Amendment) Regulation 2002 30/2002
4.Public Health and Municipal Services Ordinance (Public Pleasure Grounds)(Amendment of Fourth Schedule) Order 200231/2002
5.Public Health and Municipal Services Ordinance (Public Swimming Pools) (Amendment of Fourteenth Schedule) Order 200232/2002
6.Securities and Futures Commission (Levy) (Futures Contracts) (Amendment) (No. 3) Order 2001 (L.N. 296 of 2001) (Commencement) Notice 200233/2002
7.Revenue (Variation and Reduction of Fees and Charges) Order 2002 35/2002


Other Papers

1.No.66-The Lord Wilson Heritage Trust Annual Report 2000-2001
(to be presented by Secretary for Home Affairs)

2. No.67 -Consumer Council Annual Report 2000-2001
(to be presented by Secretary for Economic Services)

3. No.68-Traffic Accident Victims Assistance Fund
Annual Report for the year from 1 April 2000 to 31 March 2001
(to be presented by Secretary for Health and Welfare)

4. No.69-Report by the Trustee of the Correctional Services Children's Education Trust for the period from 1st September 2000 to 31st August 2001
(to be presented by Secretary for Security)

5. Report of the Bills Committee on Securities and Futures Bill and Banking (Amendment) Bill 2000
(to be presented by Hon SIN Chung-kai, Chairman of the Bills Committee)

6. Report of the Bills Committee on Dangerous Goods (Amendment) Bill 2000
(to be presented by Hon James TO, Chairman of the Bills Committee)


II. Questions

1. Hon Abraham SHEK to ask:

In the light of the recent review of the organization, management and mode of operation of the Architectural Services Department ("ASD"), will the Government inform this Council:
    (a)of the schedule and value of individual contracts of all the outsourcing projects to be awarded by the ASD to the private sector in the coming seven years;

    (b)of the estimated number of jobs, broken into trades, that will be created in the private sector by the award of these contracts; and

    (c)whether it will conduct similar reviews on other departments within the purview of the Works Bureau; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Works

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

According to the information provided by the Hong Kong Council on Smoking and Health, adult smokers acquired their smoking habit at as early as the age of 15 or 16. In addition, the probability of young smokers becoming alcoholics and trying drugs is higher than that of non-smokers, and over 40% of Form 1 to Form 3 students in Hong Kong have experienced smoking. Under the legislation, it is an offence to sell tobacco products to persons aged below 18, but a survey has revealed that most young people purchase their cigarettes from supermarkets, convenience stores and tobacco retailers. In this connection, will the Government inform this Council:
    (a)of the number of complaints received last year about selling tobacco products to persons aged below 18, as well as the respective numbers of persons warned or prosecuted as a result;

    (b)of the measures taken to ensure that no tobacco products will be sold to persons aged below 18 by supermarkets, convenience stores and tobacco retailers, and whether it has taken the initiative to inspect these places; and

    (c)whether it has conducted any studies on the smoking habits of young smokers and their families as well as the attitude of their families towards smoking; and of the measures to be adopted to enhance the co-ordination between parents and schools so as to reduce the number of young smokers?
Public Officer to reply : Secretary for Health and Welfare

3. Dr Hon YEUNG Sum to ask: (Translation)

It is learnt that the Police are planning to set up permanent closed-circuit television ("CCTV") cameras at Lan Kwai Fong, Central. In this connection, will the Government inform this Council of:
    (a)the organizations that the Police have consulted before deciding to implement the pilot scheme;

    (b)the details of the scheme, including the implementation date, the duration, the number of CCTV cameras to be installed, the specific locations for camera installation, whether round the clock surveillance will be conducted, the manpower required, the costs involved in the purchase of such cameras and the recurrent expenditure on maintenance; and

    (c)the measures to be adopted by the Police to safeguard people's privacy in implementing the scheme, so that the movements and behaviour of individual persons will not be subject to surveillance, as well as the penalties against those persons who abuse the CCTV system?
Public Officer to reply : Secretary for Security

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

On 3 September last year, the Chief Secretary for Administration openly requested the Hong Kong Housing Authority ("HKHA") to stop selling Home Ownership Scheme ("HOS") flats for ten months so as to review the role of public housing during the period with a view to avoiding HOS flats overlapping with the private sector property market. The HKHA subsequently endorsed the Government's proposal. In this connection, will the Government inform this Council whether it knows:
    (a)how many pieces of land originally allocated for constructing HOS flats will be converted by the HKHA to sites for public rental housing developments;

    (b)how many pieces of land originally allocated for constructing public housing have to be returned to the Government by the HKHA; and

    (c)if the HKHA will have to bear any additional financial costs as a result of the above changes in land use; if it will, whether the Government will share the costs?
Public Officer to reply : Secretary for Housing

5. Hon Emily LAU to ask: (Translation)

It is learnt that some members of the public have remarked that the speed of the broadband conveyance/access services provided by certain Fixed Telecommunications Network Services ("FTNS") operators in Hong Kong is too slow, and the broadband conveyance/access services used by some households in private buildings are ten times slower in speed than those used by universities. In this connection, will the Executive Authorities inform this Council:
    (a)whether they know the causes of the above situation, and whether such causes include FTNS operators' under-investment, or property developers' refusal to allow FTNS operators other than their own to provide broadband services; and

    (b)of the measures in place to ensure that Hong Kong will not lag behind other developed countries in terms of the speed of broadband conveyance/access services?
Public Officer to reply : Secretary for Information Technology and Broadcasting

6. Hon Michael MAK to ask: (Translation)

Regarding cases in which Government health care personnel were assaulted and injured by psychiatric patients while at work, will the Government inform this Council of:
    (a)the number of health care personnel assaulted and injured by psychiatric patients while at work, and the number of such cases handled by the Police over the past five years; the reasons for these health care personnel being assaulted, their ranks and the average length of sick leave granted; the number of such attackers convicted of assaults and the sentences passed on them; and

    (b)the measures to protect the personal safety of health care personnel when they are in contact with psychiatric patients?
Public Officer to reply : Secretary for Health and Welfare

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

Regarding the Tenants Purchase Scheme ("TPS"), will the Government inform this Council whether:
    (a)the inability of the Housing Authority to announce as early as possible the list of public housing estates for sale in the coming three years is attributable to the decision of the Housing Authority to stop selling Home Ownership Scheme flats; if not, of the reasons for the delay in the announcement;

    (b)it plans to amend the list of public housing estates and the number of flats to be put up for sale in the next three years, and whether it plans to adjust the timetable for the sale of these public housing flats; if so, of the details; and

    (c)it will review the TPS and revise the overall target for the sale of public housing flats?
Public Officer to reply : Secretary for Housing

*8. Hon Bernard CHAN to ask:

It has been reported that the son of the Nigerian Consul-General in Hong Kong, jailed for wounding an off-duty police officer in a Wan Chai bar, has been secretly released and transferred back to Nigeria to serve the remainder of his jail term. It has also been reported that Nigeria is not one of those places with which the Hong Kong Government has made arrangements for the transfer of sentenced persons under the Transfer of Sentenced Persons Ordinance (Cap. 513). In this connection, will the Government inform this Council of:
    (a)the number of sentenced persons who were transferred back to their countries to serve the remainder of their jail terms, with a breakdown of the countries and reasons for granting such transfer; and

    (b)the number of unsuccessful applications for such transfer, with a breakdown of the countries and reasons for refusal, in the past five years?
Public Officer to reply : Secretary for Security

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

With regard to courses at diploma to degree levels conducted in Hong Kong individually or jointly by local education institutes (except those registered in accordance with the relevant university and post-secondary education ordinances) and non-local education institutes, will the Government inform this Council of:
    (a)the respective numbers of applications received by the Government with respect to courses conducted in Hong Kong by the local education institutes and those conducted in co-operation with non-local education institutes, and the numbers of applications approved over the past five years; whether it has provided any support or funding to these education institutes, and helped them start such courses;

    (b)the ordinances governing the quality of the courses conducted jointly by the local and non-local education institutes; and the organizations responsible for monitoring the quality of teaching upon registration of these courses; and

    (c)details of the authorities' arrangements for monitoring matters concerning the payment and refund of fees for courses conducted individually or jointly by the local and non-local education institutes?
Public Officer to reply : Secretary for Education and Manpower

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

According to the Criteria for Issuing a Security Personnel Permit ("the Permit")("the Criteria") and the Application for Security Personnel Permit - Guidance Notes ("the Guidance Notes") issued by the Hong Kong Police Force, on his/her first application for the Permit, the applicant must either produce a letter of employment from the prospective employer or ask the current employer to sign on the application form to certify the employment. As for the renewal of the Permit, the relevant legislation provides that the application shall be made not earlier than six months and not later than three months before the Permit is due to expire. In this connection, will the Government inform this Council of:
    (a)the respective numbers of applications for the Permit and successful cases of first-time applicants and renewal applicants over the past three years, the ages of the successful applicants, together with a breakdown by the type of security work undertaken by the successful applicants;

    (b)the justifications for stipulating in the Criteria and the Guidance Notes that first-time applicants for the Permit must obtain certification of employment; whether the application will definitely not be approved if certification of employment is not provided; if this is not the case, of the criteria for approving first-time applications for the Permit; and

    (c)the justifications for requiring that renewal applications shall be made not earlier than six months and not later than three months before the Permit is due to expire; and whether late applications for renewal of the Permit will be given discretionary consideration; if so, of the criteria?
Public Officer to reply : Secretary for Security

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

Regarding the outsourcing of property management services by the Housing Department ("HD"), will the Government inform this Council:
    (a)whether the performance pledges and service standards of the contractors of outsourced public housing management services ("contractors") are on a par with those of the HD; if not, of the differences;

    (b)of the way the HD exercises its supervision over the contractors to see if they have fulfilled and achieved their performance pledges and service standards;

    (c)whether there are easily accessible channels for public housing tenants to get to know the performance pledges and service standards of the contractors; and of the channels available for them to lodge complaints with the HD about the service standards of the contractors or to make suggestions on the services provided by the contractors; and

    (d)whether the contractors have the personal particulars of tenants in their possession; if so, of the sources from which such particulars are obtained?
Public Officer to reply : Secretary for Housing

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

At present, concessionary scheme for senior citizens is available on very few green minibus routes. In this connection, will the Government inform this Council whether it will discuss with green minibus operators and encourage them to set up concessionary schemes for senior citizens, such as offering fare concessions during off-peak hours, so as to reduce the travelling expenses of senior citizens, promote respect and care for the elderly, and at the same time increase the patronage of green minibuses; if it will, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Transport

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

It has been reported that the Food and Environmental Hygiene Department seized a total of over 1 100 kilograms of raw and cooked meat from two illegal meat roasting workshops which were cracked down in two raids in the Eastern District of Hong Kong Island in mid-January. In this connection, will the Government inform this Council of:
    (a)the number of illegal meat roasting workshops cracked down as well as the number of such workshops in the urban area, in each of the past five years;

    (b)the penalties imposed by the court on convicted persons in charge of such workshops during the past five years and whether it has assessed the deterrent effect of the penalties on operators of such illegal workshops; and

    (c)the measures to prevent the illegal roast meat products from reaching the market and causing health hazards to the public?
Public Officer to reply : Secretary for the Environment and Food

*14. Hon Fred LI to ask: (Translation)

Regarding the regulation of beauty products and services provided by beauticians, will the Government inform this Council:
    (a)of the number and types of complaints received by the Government or the Consumer Council over the past three years about beauty products or services provided by beauticians;

    (b)of the number of beauticians at present;

    (c)whether beauty products, skin care products, etc. will be included in the category of controlled drugs to enhance regulation;

    (d)whether it has assessed the current professional standards of the beauticians; if it has, of the results; and

    (e)whether it has considered introducing a licensing system for beauticians in order to raise the standard of their services; if it has, of the details?
Public Officer to reply : Secretary for Economic Services

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

The Kowloon-Canton Railway Corporation has been involved in a number of scandals about its awarding of contracts, among which the adoption of single tender has caused much criticism. In this connection, will the Government inform this Council whether:
    (a)various government departments, the Airport Authority, the MTR Corporation Limited and the Hong Kong Housing Society have awarded contracts of over $10 million by single tender over the past three years; if so, of the number of such contracts awarded, the details and justifications;

    (b)it has assessed if it is proper for these departments and organizations to award contracts by single tender; if it is considered proper, of the reasons for that; and

    (c)measures are in place to ensure that these departments and organizations will refrain from awarding contracts by single tender in future so as to uphold the principle of impartiality and fairness in the tendering of contracts; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for the Treasury

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

Information technology ("IT") industries have become an essential component of the Hong Kong economy. However, they are not classified under a single industry grouping in the Government's various economic data. In this connection, will the Government inform this Council whether:
    (a)it keeps separate statistics on the production values of IT industries in Hong Kong and how they compare to the gross domestic product of Hong Kong; if it does, of the figures for each of the past three years; if not, the reasons for that; and

    (b)it plans to classify IT industries under a separate grouping in various economic data so that the public can understand the development of the industries; if so, of the timetable; if not, the reasons for that?
Public Officer to reply : Secretary for Information Technology and Broadcasting

*17. Ir Dr Hon HO Chung-tai to ask: (Translation)

It has been reported that, as revealed in a research conducted by the Education Department ("ED") on Cross Level Subject Setting, the English proficiency level of two-thirds of the more than 100 Primary Six students from four participating schools was below that set in Primary Two English textbooks, and many of them are newly arrived children. The findings of the research also show that the contents of textbooks used by local primary schools are too difficult for pupils. In this connection, will the Government inform this Council:
    (a)of the basis on which the ED sets the English curriculum standards at various primary school levels to ensure that students are able to take in the course content;

    (b)apart from examinations conducted in schools, of the mechanism in place to test regularly the English proficiency of primary school students at all levels; and

    (c)whether it has assessed the differences in English proficiency between the newly arrived children and their fellow classmates; if so, of the details?
Public Officer to reply : Secretary for Education and Manpower

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

Regarding the cleaning of country parks, will the Government inform this Council:
    (a)of the respective average monthly numbers of refuse collection operations carried out by the workers of the departments concerned in various country parks;

    (b)whether refuse collection operations are carried out less frequently in remoter country parks;

    (c)whether all refuse in country parks is manually collected and then carried away by vehicles; and

    (d)how the workers are assisted in carrying manually the refuse which they have collected in the country parks on high hills, such as the top of the Lantau Peak, or rough terrains to locations accessible by handcarts or vehicles?
Public Officer to reply : Secretary for the Environment and Food

*19. Hon Michael MAK to ask: (Translation)

It is learnt that during the Lunar New Year holiday this year, the attendance at the Accident and Emergency ("A&E") departments of public hospital reached 7 859 persons per day on average, representing an increase of 16.6% over normal days. The increase was especially significant in Tsueng Kwan O Hospital, Alice Ho Miu Ling Nethersole Hospital and Yan Chai Hospital. In this connection, will the Government inform this Council if it knows whether the Hospital Authority ("HA"):
    (a)has assessed the reasons for the drastic increase in attendance over normal days; if so, of the number of cases which involved the misuse of A&E services;

    (b)will implement corresponding improvement measures before the forthcoming long Easter holidays so as to cope with the probable significant increase in demand for A&E services during the long holidays; if so, of the details;

    (c)has recently assessed the effectiveness of the provision of holiday clinic services and private clinic services in the vicinity of A&E departments in easing the service demand at A&E departments; and of the new initiatives the HA will implement to relieve the pressure from the rising attendance at A&E departments during public holidays; and

    (d)will consider stepping up education and publicity efforts to reduce the misuse of A&E services before a consensus on the charges for A&E services is reached; if so, of the details?
Public Officer to reply : Secretary for Health and Welfare

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

Regarding arrivals from the Mainland ("arrivals") on one-way exit permits, will the Government inform this Council:
    (a)of the age profile (in age groups each covering five years) and academic qualifications of the arrivals in the past year;

    (b)of the employment situation of the arrivals, other than those full-time housewives and students, in the past three years, together with a breakdown by the following age groups: 18 to 29, 30 to 39 and 40 to 50;

    (c)whether assessment has been made of the age profile and academic qualifications of the arrivals in the next three years; and

    (d)of the measures in place to assist new arrivals in integrating into the community; whether the policies on various fronts (such as social welfare, education, housing, etc.) for the next decade have been suitably planned and devised taking particular account of the age profile and academic qualifications of the arrivals; if so, of the details?
Public Officer to reply : Secretary for Home Affairs

*For written reply.

III. Bills

First Reading

Extension of Vetting Period (Legislative Council) Bill 2002

Second Reading (Debate to be adjourned)

Extension of Vetting Period (Legislative Council) Bill 2002 : Chief Secretary for Administration

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

1. Securities and Futures Bill:Secretary for Financial Services

2. Banking (Amendment) Bill 2000:Secretary for Financial Services

3. Dangerous Goods (Amendment) Bill 2000:Secretary for Security


IV. Motions
  1. Proposed resolution under the Hong Kong Export Credit Insurance Corporation Ordinance
    Secretary for Commerce and Industry to move the following motion:


    2. RESOLVED that the contingent liability of the Hong Kong Export Credit Insurance Corporation under contracts of insurance shall not at any time exceed the sum of 12,500 million dollars.

  2. Proposed resolution under the Public Finance Ordinance
    Secretary for the Treasury to move the motion in the Appendix.


  3. Proposed resolution under the Dutiable Commodities Ordinance
    Secretary for the Treasury to move the following motion:


    4. RESOLVED that Schedule 1 to the Dutiable Commodities Ordinance be amended in paragraph 1A of Part III -
    (a)in subparagraph (a), by repealing "2002" and substituting "2003";

    (b)in subparagraph (b), by repealing "2002" and substituting "2003".
V. Members' Motions

  1. Proposed resolution under the Interpretation and General Clauses Ordinance
    Hon LAW Chi-kwong to move the following motion:


    2. RESOLVED that the Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance (10 of 2001) (Commencement) Notice 2002, published in the Gazette as Legal Notice No. 20 of 2002 and laid on the table of the Legislative Council on 6 February 2002 is amended by repealing "1 April" and substituting "1 October".

    Public Officer to attend : Secretary for Security

  2. The second Chief Executive election

    Hon Emily LAU:
    3. (Translation)

    That this Council considers that the method for the selection of the second Chief Executive of the Hong Kong Special Administrative Region is undemocratic, depriving the general public of the right to participate in the election process, and urges the authorities to expeditiously start its consultation work on political reform.

    Amendment to Hon Emily LAU's motion
    Hon Frederick FUNG:     (Translation)

    To delete "its consultation work on" after "and urges the authorities to expeditiously start" and substitute with "the procedure for"; and to add ", so as to allow the public to elect the Chief Executive by universal suffrage as early as possible" after "political reform".

    Public Officer to attend : Secretary for Constitutional Affairs

  3. Improving administrative procedures to enhance efficiency
    Hon CHAN Kwok-keung:
    4. (Translation)

    That this Council urges the Government to improve its administrative procedures, set up a "committee on reviewing administrative procedures", strengthen communication among bureaux and departments, and amend the relevant codes or regulations in the light of the experience in other countries, thereby enhancing efficiency and improving services for the greater convenience of the public.

    Amendment to Hon CHAN Kwok-keung's motion
    Hon Howard YOUNG:     (Translation)

    To delete "set up a "committee on reviewing administrative procedures"," after "That this Council urges the Government to improve its administrative procedures,".

    Public Officer to attend : Chief Secretary for Administration
Clerk to the Legislative Council