A 02/03-22

Legislative Council

Agenda
Wednesday 19 March 2003 at 2:30 pm

I. Tabling of Papers

Subsidiary Legislation / Instruments L.N. No.
1.Import and Export (General) Regulations (Amendment of Seventh Schedule) (No. 3) Notice 200368/2003

2.Inland Revenue (Amendment) Ordinance 2003 (5 of 2003) (Commencement) Notice 200369/2003


Other Papers

1. No.70-The Lord Wilson Heritage Trust Annual Report 2001-2002
(to be presented by Secretary for Home Affairs)

2. No.71-Employees' Compensation Insurance Levies Management Board Annual Report 2001/2002
(to be presented by Secretary for Economic Development and Labour)

3. No.72-Vocational Training Council Annual Report 2001/2002
(to be presented by Secretary for Education and Manpower)

4. Report of the Bills Committee on Housing (Amendment) Bill 2002
(to be presented by Hon Howard YOUNG, Chairman of the Bills Committee )

5. Report of the Bills Committee on Registration of Persons (Amendment) Bill 2001
(to be presented by Hon IP Kwok-him, Chairman of the Bills Committee )


II. Questions

1. Hon Eric LI to ask: (Translation)

In view of the growing importance and rapid expansion of the Mainland aviation market, will the Government inform this Council of the actions it intends to take to assist all Hong Kong airlines to have access to this market? Public Officer to reply : Secretary for Economic Development and Labour

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

The Government decided in January this year that the planning work for the MTR West Hong Kong Island Line ("WIL") Phase 2 (from Belcher Garden to Kennedy Town) be held in abeyance until the way forward for the Western District Development ("WDD") reclamation was clear. In this connection, will the Government inform this Council:
    (a)when it intends to announce the latest arrangements in respect of the WDD reclamation project; and

    (b)of the factors, apart from the reclamation project, it will consider in deciding whether or not to implement the WIL Phase 2 project?
Public Officer to reply: Secretary for the Environment, Transport and Works
Secretary for Housing, Planning and Lands

3. Hon Ambrose LAU to ask: (Translation)

In his Policy Address delivered in January this year, the Chief Executive stated the need to expedite Hong Kong's economic integration with the Pearl River Delta. In this connection, will the Government inform this Council:
    (a)whether it has discussed and reviewed with the Guangdong Provincial Government the adequacy of the existing mechanisms for communication and coordination in tackling the mutual problems of Hong Kong and Guangdong concerning economic integration; and

    (b)of the measures in place to enhance the understanding and cooperation between the relevant public officers of Hong Kong and Guangdong?
Public Officer to reply : Chief Secretary for Administration
Secretary for Health, Welfare and Food

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

Regarding the treatment of chemical wastes, will the Government inform this Council:
    (a)of the quantities of chemical wastes treated by the Chemical Waste Treatment Centre ("CWTC") on Tsing Yi in each of the past three years, and the percentages of these quantities in its designed treatment capacity; the quantities of waste oil treated by CWTC in each of the past three years, the unit cost for the treatment, and the amount and percentage of the unit cost subsidized by the Government;

    (b)whether it has considered reallocating the annual amount of Government subsidy for CWTC so as to encourage the stakeholders to adopt more effective methods for treating chemical wastes; if not, whether it will consider this in the near future; and

    (c)whether it has a policy of promoting the recovery of recyclable materials from chemical wastes, with a view to promoting the development of environmental protection industries; if not, whether it will consider formulating such a policy?
Public Officer to reply : Secretary for the Environment, Transport and Works

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

With the use of solar-powered irrigation systems, vegetation on slopes in remote areas can grow with the necessary water supply and thus help to stabilize the slopes. In this connection, will the Government inform this Council of:
    (a)the number of slopes in the territory on which the vegetation is suitable for watering by solar-powered irrigation systems, and the estimated expenditure on the installation of such systems for the slopes;

    (b)the time required for installing a solar-powered irrigation system; and

    (c)the life of battery banks for storing electricity produced by such systems?
Public Officer to reply : Secretary for the Environment, Transport and Works

6. Hon Emily LAU to ask: (Translation)

In September 1995, the Administration consulted the public on a proposal to phase out light duty diesel vehicles by replacing them with petrol vehicles using unleaded petrol and catalytic converters. The proposal was not implemented as the transport trades strongly opposed it. In this connection, will the Executive Authorities inform this Council:
    (a)of a detailed comparison of light duty vehicles using various types of fuels, particularly, in terms of operating costs, fuel efficiency, safety, supply and distribution;

    (b)whether, in view of the difficulties encountered in the implementation of the plan to replace diesel public light buses ("PLBs") with vehicles using liquefied petroleum gas or electricity, they will re-consider the proposal of replacing diesel PLBs with petrol vehicles; if so, of the timeframe for assessing the feasibility of the proposal and working out the relevant implementation details; and

    (c)whether the Government will consider giving some form of support for implementing the above proposal?
Public Officer to reply : Secretary for the Environment, Transport and Works

*7. Hon Audrey EU to ask: (Translation)

Regarding cases in which the Immigration Department refuses to issue entry visas to holders of foreign passports or refuses them entry at immigration control points, will the Government inform this Council:
    (a)of the respective numbers of such cases in each of the past three years, together with a breakdown by the nationality of the visitors concerned;

    (b)of the Immigration Department's rationale for making the relevant decisions; and

    (c)whether the religious background of the visitors concerned was one of the reasons for not issuing entry visas to them or refusing them entry into the territory; if so, of the number of the relevant cases in each of the past three years?
Public Officer to reply : Secretary for Security

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

It has been reported that, as revealed by the Antiquities and Monuments Office's survey, there are 9 000 to 10 000 pre-war buildings in Hong Kong, of which about 200 to 300 are private properties with conservation value. Although some of these buildings have been rated as Grade I, Grade II or Grade III buildings respectively under the existing grading system for protection of important monuments and buildings of historical significance, their owners have the right to demolish them as they are not declared monuments. In this connection, will the Government inform this Council:
    (a)of the criteria for classifying an individual building or a site as a Grade I, Grade II or Grade III building or site, or designating it as a declared monument;

    (b)of the descriptions of the existing private properties with conservation value in Hong Kong, their locations, their owners, the reasons for regarding the properties as having conservation value, and the means of preservation; whether the titles to these properties have been sold; if so, of the details; and

    (c)whether it has discussed with the owners of these private properties the possibility of donating them to the Government with a view to preserving the buildings concerned; if it has, of the details and progress of the discussions; if not, the reasons for that?
Public Officer to reply : Secretary for Home Affairs

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

The Social Security Assistance Index of Prices ("SSAIP") is compiled monthly by the Census and Statistics Department on the basis of the expenditure pattern of households receiving the Comprehensive Social Security Assistance ("CSSA") and the prices of the items of goods and services covered under the CSSA standard rates. In this connection, will the Government inform this Council:
    (a)of the monthly average retail prices of individual items of goods and services covered by the SSAIP in the past 36 months, as well as their year-on-year rates of changes;

    (b)on the basis of the expenditure pattern of CSSA households adopted in compiling the SSAIP, of the respective amounts of money that different categories of CSSA recipients can spend on various items of goods and services per head each month; and

    (c)of the views that the social welfare sector has submitted in this financial year to the Administration regarding the compilation of the SSAIP, and the follow-up measures taken by the Administration in this regard?
Public Officer to reply : Secretary for Health, Welfare and Food

*10. Hon CHAN Kwok-keung to ask: (Translation)

It has been reported that the employment contracts of many employees on non-civil service contract terms will expire within this year. In this connection, will the Government inform this Council:
    (a)of the numbers of employees on non-civil service contract terms whose contracts are due to expire in March and each of the nine months thereafter this year, with a breakdown by job nature, post, remuneration, bureau or department and contract period; among these employees, those whose contracts will be renewed; the posts which will be retained or deleted, and the reasons for their retention or deletion;

    (b)of the principles adopted for renewing the employment of non-civil service contract employees; and

    (c)whether it will refer employees whose non-civil service contracts have expired to apply for other civil service vacancies and provide them with assistance, such as giving them interview opportunities or recommendation letters?
Public Officer to reply : Secretary for the Civil Service

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

In December 2002, Information Technology Services Department, Hong Kong Computer Emergency Response Team Coordination Centre ("HKCERT") and Technology Crime Division of Commercial Crime Bureau of Hong Kong Police Force jointly presented the Information Security Survey 2002 in which local small and medium enterprises ("SMEs") were the target respondents. According to the survey findings, financial losses amounting to HK$1.84 million were incurred by the interviewed companies due to computer attacks in 2002, an increase of 20.5% compared to that in 2001. Only 3.1% and 0.3% of the victim companies had reported the computer attacks to HKCERT and the Police respectively. The key reason for not reporting to HKCERT was "unaware of HKCERT" (71.5%) whilst the main reasons for not reporting to the Police included "trivial, no need to report" (55.7%); "unaware that it could be reported" (19.4%) and "don't think police can help" (14.5%). In this connection, will the Government inform this Council whether:
    (a)it has assessed the impact of computer attacks on the economy of Hong Kong (such as financial losses and reduction in competitiveness); if so, of the assessment results;

    (b)it has conducted regular assessments on the level of information security in Hong Kong; if so, of the assessment results; if not, the reasons for that;

    (c)it has reviewed the work of HKCERT and the Police in combating computer crimes and preventing computer attacks in the light of the survey findings; if so, of the outcome of the review; if not, the reasons for that; and

    (d)it has formulated policies to assist SMEs in enhancing their capability in information security; if so, of the details of such policies; if not, the reasons for that?
Public Officer to reply : Secretary for Commerce, Industry and Technology

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

It has been reported that some travel agents operate outbound group tours at extremely low prices. As these group tours depart from places outside Hong Kong and do not include the provision of accommodation, they are not covered by the Travel Industry Compensation Fund and their operation is not subject to the regulation of the Travel Industry Council of Hong Kong ("TICHK"). In this connection, will the Government inform this Council whether:
    (a)the consumer interests of people joining such group tours are duly protected; and

    (b)it will consider amending the existing legislation to bring the operation of such group tours under the regulation of the TICHK; if so, of the details; if not, the reasons for that?
Public Officer to reply : Secretary for Economic Development and Labour

*13. Hon Eric LI to ask: (Translation)

Will the Government inform this Council whether it knows:
    (a)the criteria adopted by the Hong Kong Council for Academic Accreditation for determining the accreditation charges for overseas academic qualifications;

    (b)the cost components of such accreditation; and

    (c)how the accreditation charges in Hong Kong compare to those in neighbouring regions?
Public Officer to reply : Secretary for Education and Manpower

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

As it is provided in the Hong Kong Planning Standards and Guidelines that there should be a branch public library for every 200 000 persons, will the Executive Authorities inform this Council:
    (a)of the districts currently not conforming to the planning standard; and

    (b)whether they have any plan to provide additional branch public libraries in these districts in order to conform to the planning standard?
Public Officer to reply : Secretary for Home Affairs

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

It has been reported that the Continuing Education Fund ("CEF") has received a lukewarm response from the public since applications were invited. In this connection, will the Government inform this Council:
    (a)of the number of applicants seeking subsidies from CEF, and the education levels of these applicants;

    (b)whether it has received requests for the relaxation of the eligibility criteria, to allow university degree holders to apply for subsidies from CEF; if it has, of the number of such requests, and whether it will accept such requests; and

    (c)whether it plans to increase the courses the fees of which are reimbursable under CEF; if it has, of the details of the plans; if not, the reasons for that?
Public Officer to reply : Secretary for Education and Manpower

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

In reply to my question on 24 April 2002, the Administration advised that, on the basis of the criteria set out in the Hong Kong Planning Standards and Guidelines ("HKPSG"), there was a need to establish a community hall in Tin Shui Wai North. Besides, in keeping with the provisions of the HKPSG, community halls should be planned and provided as part of an integrated development (such as a joint-user building). In this connection, will the Government inform this Council:
    (a)of the progress made in identifying the suitable sites and joint users, and the sites now being considered; and

    (b)as it is anticipated that the population in Tin Shui Wai North will reach about 100 000 by June this year, whether interim measures will be taken to ease the demand of the residents concerned for such facilities as community halls or community centres; if not, of the reasons for that?
Public Officer to reply : Secretary for Home Affairs

*17. Hon CHAN Kwok-keung to ask: (Translation)

The organ donation scheme has been in place for a number of years but the number of organs donated is far below that of patients waiting for organ transplant. In this connection, will the Government inform this Council:
    (a)of the respective numbers of various organs donated, signed organ donation cards and patients waiting for organ transplant in Hong Kong each year over the last three years, as well as the corresponding figures in the neighbouring regions;

    (b)how Hong Kong's laws and policies relating to organ donation compare with those of the neighbouring regions, and whether these regions have regulations or measures that can enhance people's willingness to donate organs;

    (c)of the number of organ donation cards distributed in Hong Kong, the distribution channels and the amount of government subsidy involved; and

    (d)of the current respective numbers of available organs stored in public and private hospitals in Hong Kong?
Public Officer to reply : Secretary for Health, Welfare and Food

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

Regarding the air quality and temperatures in train compartments, will the Government inform this Council whether it knows:
    (a)relevant data of the two railway corporations' regular measurements of the air quality and temperatures in train compartments;

    (b)the respective numbers of complaints or reports received by the two railway corporations in the past three years from passengers who claimed that the stuffy air inside train compartments made them sick; and

    (c)whether the air quality and temperatures in train compartments have been affected by refurbishing works carried out by the MTR Corporation Limited in some of its stations; if so, of the details?
Public Officer to reply : Secretary for the Environment, Transport and Works

*19. Hon Tommy CHEUNG to ask: (Translation)

In recent years, more and more people are operating unlicensed food establishments in residential buildings (commonly known as "private kitchens"), and some of the operators even blatantly run advertisements for publicity. Regarding prosecutions of unlicensed food establishments, will the Government inform this Council:
    (a)of the number of prosecutions the Food and Environmental Hygiene Department instituted against operators of unlicensed food establishments over the past two years, together with a breakdown by the type (such as restaurants, club houses and catering outlets) of such establishments; and

    (b)among the prosecution cases, of the number of those involving private kitchens; if the number of such cases is on the low side as compared to other prosecution figures, of the reasons for that, and whether the Administration has been enforcing the law selectively?
Public Officer to reply : Secretary for Health, Welfare and Food

*20. Hon MA Fung-kwok to ask: (Translation)

Regarding the Report of the Task Force on Population Policy ("the Report") published recently, will the Government inform this Council:
    (a)of the respective fertility rates of women who are Hong Kong permanent residents, those who are new arrivals and those who are currently not but will in due course become members of Hong Kong's resident population in each of the past three years;

    (b)the Report recommends that only those residents who have resided in Hong Kong for seven years are eligible for social welfare benefits which include the Comprehensive Social Security Assistance ("CSSA"), but such benefits are available to children under the age of 18, whether the Administration has assessed if such a recommendation will encourage new arrivals to bear children as a way to increasing the CSSA entitlements of their families; if it has, of the assessment results; if not, the reasons for that; and

    (c)whether family planning publicity will be strengthened to remind married couples of the need to carefully consider and plan well for the future financial needs of the family, education and care for the children, etc., before deciding whether or not to have children?
Public Officer to reply : Chief Secretary for Administration

*For written reply.

III. Bills

First Reading

1. Law Amendment and Reform (Miscellaneous Provisions) Bill 2003
2. Construction Workers Registration Bill

Second Reading (Debates to be adjourned)

1. Law Amendment and Reform (Miscellaneous Provisions) Bill 2003:Secretary for Justice

2. Construction Workers Registration Bill:Secretary for the Environment, Transport and Works


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

1. Housing (Amendment) Bill 2002:Secretary for Housing, Planning and Lands

2. Registration of Persons (Amendment) Bill 2001:Secretary for Security

3. Bills of Exchange (Amendment) Bill 2003:Secretary for Financial Services and the Treasury


IV. Motions
  1. Proposed resolution under the Pharmacy and Poisons Ordinance

    Secretary for Health, Welfare and Food to move the following motion:


    2. RESOLVED that -

    (a)the Pharmacy and Poisons (Amendment) Regulation 2003; and

    (b)the Poisons List (Amendment) Regulation 2003,

    made by the Pharmacy and Poisons Board on 25 February 2003, be approved.(The two Regulations have been issued on 27 February 2003 under LC Paper No. CB(3) 425/02-03)

  • Proposed resolution under the Public Finance Ordinance

    Secretary for Financial Services and the Treasury to move the motion in the Appendix.


  • Proposed resolution under the Dutiable Commodities Ordinance

    Secretary for Financial Services and the Treasury to move the following motion:


    • RESOLVED that Schedule 1 to the Dutiable Commodities Ordinance be amended in paragraph 1A of Part III -

    (a)in subparagraph (a), by repealing "2003" and substituting "2004";

    (b)in subparagraph (b), by repealing "2003" and substituting "2004".

  • Proposed resolution under the Motor Vehicles (First Registration Tax) Ordinance

    Secretary for Financial Services and the Treasury to move the following motion:


    • RESOLVED that the Resolution made and passed by the Legislative Council on 14 May 1997 and published in the Gazette as Legal Notice No. 237 of 1997, as amended by section 3 of the Revenue (No. 2) Ordinance 2000 (27 of 2000), be amended by repealing "2003" and substituting "2006". V. Members' Bills

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

    Dao Heng Bank Limited (Merger) Bill: Dr Hon David LI
    Public Officer to attend: Secretary for Financial Services and the Treasury


    VI. Members' Motions
    1. Proposed resolution under the Interpretation and General Clauses Ordinance
      Hon Andrew WONG to move the following motion:


      2. RESOLVED that in relation to the -

      (a)Electoral Affairs Commission (Registration of Electors) (Village Representative Election) Regulation, published in the Gazette as Legal Notice No. 47 of 2003 and laid on the table of the Legislative Council on 19 February 2003, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 9 April 2003; and

      (b)Village Representative Election (Registration of Electors) (Appeals) Regulation, published in the Gazette as Legal Notice No. 49 of 2003 and laid on the table of the Legislative Council on 26 February 2003, the period for amending subsidiary legislation referred to in section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) be extended under section 34(4) of that Ordinance to the meeting of 30 April 2003.

  • Opposing war
    Hon CHAN Kwok-keung:
    • (Translation)

    That this Council opposes the taking of military actions by the United States against Iraq.

    Revised Amendment to Hon CHAN Kwok-keung's motion
    Hon Albert HO:     (Translation)

    To delete "taking of military actions" after "That this Council opposes the" and substitute with "waging of war on Iraq"; and to delete "against Iraq" after "by the United States" and substitute with "of America and other countries without the consent of and authorization from the United Nations Security Council, and urges our country to ask the United Nations Security Council to convene an urgent meeting in order to stop the United States of America and other countries from waging war on Iraq".

  • Small and medium enterprises funding schemes
    Hon HUI Cheung-ching:
    •  (Translation)

    That, as the Government has launched the enhanced small and medium enterprises (SMEs) funding schemes, this Council urges the Government, under the premise of ensuring that the funding schemes will not be abused, to extensively publicize the schemes and strengthen cooperation with professional organizations in the commercial and industrial sectors to enable SMEs in a wider range of trades and industries to obtain timely and effective support.

    Amendment to Hon HUI Cheung-ching's motion
    Hon Ambrose LAU:     (Translation)

    To add "various trades and industries and" after "to extensively publicize the schemes and strengthen cooperation with"; and to delete "in the commercial and industrial sectors," and substitute with "and to adopt a more flexible vetting and approving approach, so as".

    Public Officer to attend : Secretary for Commerce, Industry and Technology Clerk to the Legislative Council