A 01/02-8

Legislative Council

Agenda

Wednesday 28 November 2001 at 2:30pm

I. Tabling of Papers

Other Papers

Subsidiary Legislation / Instruments		L.N. No.
1.	Dutiable Commodities (Amendment) Regulation 2001	248/2001
2.	Companies (Summary Financial Reports of Listed Companies) Regulation	249/2001

Other Papers

1. No.31	-	Annual Report of the Protection of Wages on Insolvency Fund Board 2000-01
(to be presented by Secretary for Education and Manpower)
2. No.32	-	Hong Kong Council on Smoking and Health Annual Report 2000-2001
(to be presented by Secretary for Health and Welfare)
3. No.33	-	The Government Minute in response to the Thirteenth Annual Report of the Ombudsman issued in June 2001
(to be presented by Chief Secretary for Administration, who will address the Council)
4. No.34	-	Office of the Privacy Commissioner for Personal Data, Hong Kong Annual Report 2000-2001
(to be presented by Secretary for Home Affairs)
5. Report of the Bills Committee on The Ombudsman (Amendment) Bill 2001
(to be presented by Hon Margaret NG, Chairman of the Bills Committee)

II. Questions

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

At present, there is no legislation in Hong Kong for regulating the use of laser devices by beauty salons, and staff of beauty salons, in operating such devices, may voluntarily comply with the Laser Safety Code of Practice drawn up by the Committee on science and Technology. In this connection, will the Government inform this Council:

(a)	whether the Department of Health has taken the initiative to collect statistics on cases in which patrons of beauty salons sustained injuries as a result of laser beauty treatment; if so, of the number of such cases in the past three years and the channels through which the relevant data are collected, and whether it knows the total number of complaints received by the Consumer Council in respect of similar cases in the same period;
(b)	of the measures in place to ensure that staff of beauty salons will follow the safety guidelines set out in the Laser Safety Code of Practice; and
(c)	as the Panel on Health Services of this Council was advised in June last year that the authorities were studying the feasibility of introducing a regulatory system on the use of health care equipment, including laser devices, of the progress of work in this respect, and the overseas experience to which reference has been made?

Public Officer to reply : Secretary for Health and Welfare

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

The Chief Executive stated in his Policy Address 2001 that the Administration would take strong action against the employment of illegal workers. In this connection, will the Government inform this Council:

(a)	whether the respective numbers of illegal workers who worked in construction sites, who were foreign domestic helpers engaging in non-domestic duties, and other types of illegal workers have shown a rising trend in the past three years;
(b)	of the respective numbers of construction site controllers and other employers prosecuted for employing illegal workers in the past three years; and
(c)	of the measures in place to step up efforts against illegal employment so as to safeguard the employment opportunities of local workers?

Public Officer to reply : Secretary for Security

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

It is learnt that the newly-formed Committee on Youth Smoking has accepted sponsorship in the amount of 18 million dollars from tobacco companies and plans to produce teaching kits on anti-smoking for schools and youth services organizations and to organize anti-smoking activities with them. In this connection, will the Government inform this Council whether:

(a)	Government and aided schools and public-funded youth services organizations should, in line with the Government policy on tobacco control, refrain from organizing activities in collaboration with tobacco companies or organizations sponsored by them; if so, how it deals with non-compliance with this policy;
(b)	the Education Department and the Social Welfare Department have issued guidelines or rules to schools and organizations within their purview to instruct them to avoid organizing activities in collaboration with tobacco companies or organizations sponsored by them, or even prohibit their taking part in such activities; if so, of the details of these guidelines or rules; if not, whether it will consider drawing up such guidelines or rules; and
(c)	it has issued guidelines to public-funded tertiary institutions instructing them not to receive tobacco companies' sponsorships or collaborate with organizations sponsored by them in conducting researches in sciences, teaching and open activities; if it has, of the details of the guidelines; if not, whether it will consider formulating such guidelines?

Public Officers to reply

:

Secretary for Health and Welfare Secretary for Education and Manpower

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

The Government of the Hong Kong SAR and the local governments in Guangdong Province are committed to developing logistics industries. In this connection, will the Government inform this Council whether:

(a)	it is quite common for goods imported or exported to/from Guangdong and Hong Kong to have the same origin; if so, of the details;
(b)	it has examined the feasibility of reorganizing or coordinating the ports in Guangdong and Hong Kong to avoid detrimental competition; and
(c)	it plans to discuss with the Guangdong Provincial Government or the Shenzhen Municipal Government the setting up of a standing working group to coordinate the development and operation of the ports in Guangdong and Hong Kong?

Public Officer to reply : Secretary for Economic Services

5. Hon Andrew CHENG to ask: (Translation)

Regarding the fire safety of the main doors of public housing units, will the Government inform this Council whether it knows:

(a)	the current fire resistance specifications for the main doors of public housing units;
(b)	the number of public housing units which were completed in or before 1996 and whose main doors do not conform with the current fire resistance specifications, together with a breakdown of such figures by individual housing estates or courts, and the fire resistance capability of the doors of these units; and
(c)	if the authorities concerned will consider replacing the main doors of public rental housing units which do not conform with the current fire resistance specifications; if not, of the reasons for that?

Public Officer to reply : Secretary for Housing

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

At present, various loan schemes provided by the Government for post-secondary students have different interest rate adjustment mechanisms: the annual interest rates of non-means-tested loans are adjusted on a regular basis by reference to the prime rates set by the note-issuing banks, while the interest rates of means-tested loans are fixed at 2.5% per annum. In this connection, will the Government inform this Council:

(a)	of the prevailing interest rate and the interest rates in the last two months for the non-means-tested loan schemes, and how they compare to the changes in the prime rates set by the note-issuing banks in Hong Kong in the last two months;
(b)	whether it will consider lowering the fixed interest rate on means-tested loans in the light of the declining interest rates payable on bank loans; and
(c)	in view of the continuous decline in the interest rates on bank loans and the current economic downturn, whether the Government will consider reviewing the interest rate adjustment mechanisms and modes of operation of various loan schemes, with a view to reducing the financial burden on graduates and encouraging members of the public to pursue continuing education; if so, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Education and Manpower

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

Regarding the progress of flood prevention projects and flooding blackspots, will the Government inform this Council:

(a)	of the number of projects in progress, the description, estimated expenditure and scheduled completion date, as well as the revised expenditure and completion date of each of these projects;
(b)	whether there are any delays or cost overruns in the projects mentioned above; if so, of the reasons for that;
(c)	of the number of flooding blackspots in the New Territories at present, and the number of them expected to be delisted before the onset of the next rainy season as a result of completion of the relevant flood prevention works; and
(d)	of the areas which are expected to become new flooding blackspots next year, the causes of the emergence of such blackspots, as well as the measures in place or the works undertaken to completely resolve or relieve the flooding problems in these areas?

Public Officer to reply : Secretary for Works

*8. Hon Howard YOUNG to ask:

I have learnt that a group of 60 Russian nationals holding valid visas for entry to the Mainland for attending an exhibition there could not take a short trip to Hong Kong on their way back to Russia because there was insufficient time for the Immigration Department to process their visa applications under the normal procedure. They were also ineligible to apply for visas to visit Hong Kong under the fast-track visa service because it was available only to Russian nationals travelling in the Mainland as a group organized by one of the two approved travel agents. In this connection, will the Government inform this Council:

(a)	of the number of visas granted to Russian nationals under the fast-track visa service since its introduction on 18 January 1999 and the average time now taken to process such applications; and whether it has reviewed the arrangements for the fast-track visa service with a view to increasing the number of approved travel agents and the daily quota of 100 persons;
(b)	of the time it takes to process visa applications from Russian nationals to visit Hong Kong under the normal procedure and whether it will consider shortening the processing time for such visa applications, in particular, those related to emergency or urgency; and
(c)	whether it will consider relaxing the visa requirement applicable to Russian nationals, in particular those travelling in groups and holding valid visas to visit the Mainland, and granting visa-free access to those who are in transit via Hong Kong?

Public Officer to reply : Secretary for Security

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

At present, management companies or resident organizations of housing estates may recommend operators to apply to the Commissioner for Transport for operating residents' non-franchised bus ("RB") service to carry passengers to and from the housing estates. Also, employers may apply for operating employees' non-franchised bus ("EB") service to carry their employees to and from their places of work. In this connection, will the Government inform this Council of the following concerning RB and EB service respectively:

(a)	the respective numbers of applications for the operation of new routes approved and rejected by the Transport Department ("TD") in the last 24 months, together with the details of each application, including the number of buses involved, routing arrangements, destinations, frequency and schedule of services, fare per journey and the application results;
(b)	among the applications approved for operating new routes, the applications recommended by relevant persons from recently occupied housing estates; and
(c)	the criteria adopted by TD for approving or rejecting the applications?

Public Officer to reply : Secretary for Transport

*10. Dr Hon David CHU to ask: (Translation)

It has been reported that a survey reveals that students from South Asian countries ("South Asian children") have generally encountered difficulties in admission to schools. In this connection, will the Government inform this Council:

(a)	of the current number of South Asian children in Hong Kong belonging to the age group for receiving basic education;
(b)	of the current respective numbers of secondary and primary schools which have admitted South Asian children, as well as the respective total numbers of South Asian children they have admitted; and
(c)	whether special measures have been formulated to assist South Asian children in overcoming difficulties in their admission to schools?

Public Officer to reply : Secretary for Education and Manpower

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

The relevant authority has stated that it would conduct a study on replacing diesel vans with liquefied petroleum gas ("LPG") vans in order to alleviate the air pollution problem caused by vehicle emissions. In this connection, will the Government inform this Council:

(a)	of the progress of the study on the introduction of LPG vans, including the proposed implementation timetable;
(b)	whether it will consider subsidizing diesel van owners for switching to LPG vans; if so, of the details; if not, the reasons for that; and
(c)	whether, before implementation of the plan to replace diesel vans, it will provide assistance to diesel van owners with a view to reducing emissions by such vans; if so, of the details?

Public Officer to reply : Secretary for the Environment and Food

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

Last month, the Airport Authority ("AA") unveiled the Hong Kong International Airport Master Plan 2020, with the SkyCity being one of the proposed new facilities. In this connection, will the Government inform this Council whether it knows:

(a)	if the AA will organize an open design competition for the SkyCity;
(b)	the expected commencement and completion dates of the SkyCity project; and
(c)	the estimated total amount of investments in the SkyCity?

Public Officer to reply : Secretary for Economic Services

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

It is learnt that the Administration plans to grant a piece of land which is situated in Area 6B of Sheung Shui and adjacent to Blocks 4 and 5 of Tsui Lai Garden to the United Muslim Association of Hong Kong for constructing a mosque and a school mainly targeted at children of ethnic minorities. The plan has aroused strong opposition from local residents. In this connection, will the Executive Authorities inform this Council:

(a)	of the history and latest progress of the above plan;
(b)	of the reasons for residents opposing the plan and the actions taken to explain the plan to the local residents and allay their sentiments against it;
(c)	how they deal with the problem of children of ethnic minorities being deprived of schooling because of the delay in the plan; and
(d)	whether they have sought legal advice on whether the incident has involved racial or religious discrimination; if they have sought such advice, of the details; if not, the reasons for that?

Public Officer to reply : Secretary for Home Affairs

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

Regarding the expenditure on staff salaries and fringe benefits of the Hospital Authority ("HA"), will the Government inform this Council whether it knows:

(a)	the respective annual total amount of salaries paid to and the expenditure on fringe benefits incurred for each grade of staff by HA since 1992/93, as well as the annual increase in these figures; and
(b)	whether HA's expenditure on staff fringe benefits in each of the past three fiscal years exceeded the estimate; if so, whether a breakdown of the over-spending by grades can be provided; and of the measures adopted by HA to prevent the recurrence of over-spending?

Public Officer to reply : Secretary for Health and Welfare

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

Regarding the operation of the Octopus system, will the Government inform this Council of the following:

(a)	the total number of complaints about the Octopus system received by the authorities concerned since the launch of the system in September 1997, together with a breakdown by the subject of the complaints;
(b)	whether it knows the number of Personalized Octopus Cards ("Personalized Cards") issued by the Octopus card-issuing company so far, and the number of Personalized Cards holders who are using the Automatic Add-Value Service; and
(c)	as cardholders are required to report the loss of their Personalized Cards to the card-issuing company immediately through the Octopus hotline, which is manned by operators during office hours only, and according to the Octopus Automatic Add-Value Agreement, cardholders using the Automatic Add-Value Service shall be liable to pay for all the value added to the cards through the Automatic Add-Value Service within 48 hours after the report of the loss was received, whether it will request the card-issuing company to improve its services, including the provision of a 24-hour hotline manned by operators to receive loss reports, so as to enhance the protection of consumer rights?

Public Officer to reply : Secretary for Transport

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

It was reported that on 5 November this year, a passenger on a transit flight via Hong Kong successfully passed through the security screening and boarded an aircraft with 13 live birds hidden in his hand baggage.　In this connection, will the Government inform this Council:

(a)	of the details of the incident and whether or not the incident involved dereliction of duty on the part of anybody; if so, of the details;
(b)	of the current respective procedures adopted by the Customs and Excise Department and airline operators for screening passengers' hand and check-in baggage; whether the hand baggage of transit passengers is subject to screening; if so, of the relevant procedures;
(c)	whether there have been cases in the past three years in which passengers were found carrying prohibited articles just before the aircraft was about to take off; if so, of the number of such cases and their details, including the articles involved and the reasons for the security screening's failure to intercept such passengers; and
(d)	of the measures in place to prevent the recurrence of similar incidents?

Public Officer to reply : Secretary for Security

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

Recently, some US-based multinational express cargo operators have said that the failure of the Hong Kong SAR Government to grant fifth freedom traffic rights to their fleets is the primary factor that inhibits them from investing in the local logistics industry. In this connection, will the Government inform this Council whether:

(a)	it has assessed the impact of the granting of more fifth freedom traffic rights on the local economy; if it has, of the assessment results; and
(b)	it will expedite the liberalization of air services so as to facilitate the development of the local logistics industry?

Public Officer to reply : Secretary for Economic Services

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

Concerning the work of the Estate Agents Authority ("EAA"), will the Government inform this Council whether it knows:

(a)	which institutions are running training courses recognized by EAA for estate agents; how EAA ensures that the courses offered by different training institutions are consistent in quality and up to standard; and whether EAA has considered organizing its own training courses; if not, the reasons for that;
(b)	given that, upon being engaged by an owner to sell or rent out his property, estate agents shall obtain the prescribed types of information about the relevant property from the departments concerned, whether EAA has assessed the resources wasted as a result of duplicated efforts spent in checking information by different estate agents engaged to sell or rent out the same property; if it has, of the details; and
(c)	the progress of the establishment of a centralized property databank?

Public Officer to reply : Secretary for Housing

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

In reply to my question raised on 1 December 1999 regarding air quality inside air-conditioned buses, the Government indicated that an inter-departmental Indoor Air Quality Management Group ("IAQMG") had been set up at that time to co-ordinate all matters related to indoor air quality, and that IAQMG planned to develop guidelines in the year 2000 for public transport facilities including air-conditioned buses. In this connection, will the Government inform this Council:

(a)	of the progress in developing such guidelines and when the guidelines are expected to be issued;
(b)	whether it has removed from the terms of reference of the IAQMG its co-ordinating role in respect of air quality inside air-conditioned buses; if it has, of the reasons for that; and
(c)	of the measures it will take, including whether it will develop the relevant air quality objectives, to ensure that the air quality inside air-conditioned buses can be maintained at reasonable levels?

Public Officer to reply : Secretary for the Environment and Food

*20. Hon Emily LAU to ask:

On 14 November this year, the Secretary for Security informed this Council that the 24-hour provision of cross-boundary passenger clearance remained a long-term objective of the Hong Kong Special Administrative Region. In view of the fact that the issue has never been discussed in this Council, will the Executive Authorities inform this Council:

(a)	how the Administration has come to the conclusion that the above arrangement is a long-term objective;
(b)	whether the Administration has assessed the economic, social and transportation implications of the implementation of 24-hour operation at land boundary control points; if so, of the details of the assessment; and
(c)	whether and when the Administration intends to consult the public on this issue?

Public Officer to reply : Secretary for Security

*For written reply.

III. Bills

First Reading

Immigration (Amendment) Bill 2001

Second Reading (Debate to be adjourned)

Immigration (Amendment) Bill 2001 : Secretary for Security

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

The Ombudsman (Amendment) Bill 2001 : Chief Secretary for Administration

IV. Motions

Proposed resolution under the Factories and Industrial Undertakings Ordinance

Secretary for Education and Manpower to move the following motion:

RESOLVED that the Factories and Industrial Undertakings (Gas Welding and Flame Cutting) Regulation, made by the Commissioner for Labour on 21 June 2001, be approved. (The Factories and Industrial Undertakings (Gas Welding and Flame Cutting) Regulation has been issuedon 14 November 2001 under LC Paper No. CB(3) 148/01-02)

V. Members' Motions

1. Proposed resolution under the Interpretation and General Clauses Ordinance
   
   Hon Fred LI to move the following motion:


RESOLVED that in relation to the -

(a)	Public Health (Animals and Birds) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 218 of 2001;
(b)	Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 219 of 2001; and
(c)	Food Business (Amendment) Regulation 2001, published in the Gazette as Legal Notice No. 220 of 2001,

and laid on the table of the Legislative Council on 31 October 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 5 December 2001.

Reducing utility charges

Hon Fred LI:

(Translation)

That, as Hong Kong's economy remains in the doldrums with the unemployment rate rising to 5.3%, while various utility charges remain high, accounting for a large proportion of the public's living expenses, this Council urges the Government to expeditiously reduce water and sewage charges and discuss with various utility operators and encourage them to take account of their respective operating conditions and reduce charges or offer concessions to users, thereby alleviating the burden on the public.

Public Officer to attend : Secretary for Economic Services

Going northward for development and employment

Hon NG Leung-sing:

(Translation)

That this Council urges the Government to strengthen measures to assist local trades and industries as well as Hong Kong people that intend to go northward for development and employment.

Amendment to Hon NG Leung-sing's motion

Hon Albert HO: (Translation)

To add ", apart from promoting local employment opportunities and consolidating the foundation of local economic development," after "That this Council urges the Government"; and to add "in resolving problems commonly encountered by Hong Kong people in the Mainland, such as those relating to medical treatment, education, personal safety, consumer rights and legal protection" after "Hong Kong people that intend to go northward for development and employment".

Public Officer to attend : Secretary for Commerce and Industry

VI. Request for Special Leave of the Council to Give Evidence of Council Proceedings

Request made under section 7 of the Legislative Council (Power and Privileges) Ordinance (Cap 382) and Rule 90 of the Rules of Procedure for special leave of the Council to give evidence of Council proceedings

The request of the Acting Deputy Director of Public Prosecution has been set out in the paper issued on 19 November 2001 under LC Paper No. CB(3) 168/01-02

Clerk to the Legislative Council